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THE EUROPEAN UNION THE ROMANIAN GOVERNMENT THE MINISTRY OF LABOUR,
FAMILY, SOCIAL PROTECTION AND ELDERLY
AMPOSDRU
The European Social Fund
POS DRU 2007-2013
Structural Instruments 2007 - 2013
1
EUROPEAN SOCIAL FUND
District Operational Program for the Human Resources Development 2007 – 2013
Priority Axis 3 „WORKERS AND COMPANIES ADAPTABILITY DEVELOPMENT”
Intervention major field 3.3 „Development of partenerships and encouraging the social parteners and civil society initiatives"
Title of the project:“Competent Authorities Network for the Professional Qualifications in Romania (IMI PQ NET Romania)”
Beneficiary: Ministry of National Education
Contract no: POSDRU/93/3.3/S/53132
L31.2 Guide 2 Cucu Ciuhan
Certification and recognition guide for the town planner profession
Author:
Univ. prof. dr. Geanina CUCU-CIUHAN
Methodological expert ANC, Genereal Field 1
THE EUROPEAN UNION THE ROMANIAN GOVERNMENT THE MINISTRY OF LABOUR,
FAMILY, SOCIAL PROTECTION AND ELDERLY
AMPOSDRU
The European Social Fund
POS DRU 2007-2013
Structural Instruments 2007 - 2013
2
Contents
Introduction
I. Situation of the town planner profession regulation in Romania and the 8 member states of
European Union
1.1. Town planner profession in Europe
1.2. European normative frame in which the town planner profession is regulated
II. Validation/certification procedures of competences applied by CA in the countries where the
profession/s are regulated
2.1. Accreditation and certification in order to exercise the town planner profession in Italy
2.2. Accreditation and certification in order to exercise the town planner profession in Spain
2.3. Accreditation and certification in order to exercise the town planner profession in Czech
Republic
2.4. Accreditation and certification in order to exercise the town planner profession in Austria
2.5. Accreditation and certification in order to exercise the town planner profession in Great
Britain
2.6. Accreditation and certification in order to exercise the town planner profession in Denmark
2.7. Accreditation and certification in order to exercise the town planner profession in
Netherland
2.8. Accreditation and certification in order to exercise the town planner profession in Germany
III. Recognition processes of the qualifications obtained in other member states of European
Union
3.1. General frame of the recognition process of the qualifications/professions regulated in
the European Union
3.2. Recognition of the town planner qualification in Italy
3.3. Recognition of the town planner qualification in Spain
3.4. Recognition of the town planner qualification in Czech Republic
3.5. Recognition of the town planner qualification in Austria
3.6. Recognition of the town planner qualification in Great Britain
3.7. Recognition of the town planner qualification in Denmark
3.8. Recognition of the town planner qualification in Netherland
3.9. Recognition of the town planner qualification in Germany
IV. Exercise of the town planner profession in European Union
V. Conclusions
Bibliography
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THE EUROPEAN UNION THE ROMANIAN GOVERNMENT THE MINISTRY OF LABOUR,
FAMILY, SOCIAL PROTECTION AND ELDERLY
AMPOSDRU
The European Social Fund
POS DRU 2007-2013
Structural Instruments 2007 - 2013
3
Introduction
The present Guide is one of the results of the project „Competent Authorities Network for the
Professional Qualifications in Romania (IMI PQ NET România)” implemented by the Ministry of National
Education in partenership with the National Authority for Qualification and the Institute for Social Policies
(ISP), co-financed from the European Social Fund through the Sectorial Operational Program for the Human
Resources Development 2007 – 2013 (POSDRU).
General objective of the project „Competent Authorities Network for the Professional
Qualifications in Romania (IMI PQ NET Romania)” consists in creation and strenghtening of the network
IMI (Internal Market Information) for the professional qualification in Romania (IMI PQ NET), to supprt the
CE initiative regarding the development of the Infomation system of the internal market, the development of
a common initiative in this regard, at national level, aiming the consolidation of the social partners
capacity (agencies and government organizations, profesional associations) to promote sustainable
development, by creating some adequate instruments and some communication channels and mutual
consultation, to have an efficient communication of similar organizations in the European Union and
the European Economic Space (SEE), through the IMI platform.
The purpose of elaborating this guide is the consolidation of the Town planners Register capacity in
Romania, as social partener of the project and of the competent autority for the town planner profession, to
get involved in the exchange of information intermediated by the IMI platform.
The present guide has also been elaborated in order to support the Register of Town planners in
Romania in its standardization efforts of the certification and recognition processes of the town planner
profession, by informing regarding the practices in other 8 member states of European Union.
Last but not least, the present guide aims to inform the Romanian citizens regarding the certification
process of the competences and regarding the requests and the recogniton process particularities of the town
planner professional qualification in the 8 member states of European Union: Italy, Spain, Germany, Austria,
Czech Republic, Netherland, Denmark and Great Britain.
To make the recognition and certification guide for the regulated professions, the foreign
methodological experts of the National Authority for Qualification have researched the information sources
at the national level (of the analyzed countries and of Romania) and the community level (comparative
studies carried out at the level of European Union) and have participated at studies visits in more Member
States of European Union, where they had the possibility to complete the documentation work by sharing
experience with the representatives of the Competent Authorities on verious professions regulated in that
countries.
THE EUROPEAN UNION THE ROMANIAN GOVERNMENT THE MINISTRY OF LABOUR,
FAMILY, SOCIAL PROTECTION AND ELDERLY
AMPOSDRU
The European Social Fund
POS DRU 2007-2013
Structural Instruments 2007 - 2013
4
I. Situation of the regulation for the town planner profession in Romania and the other 8
member states of European Union
1.1. Town planner profession in Europe
The importance of the town planner profession in Europe has grown exponentially during the last
decades, with the advent of more stringent issues related to the population growth, climate changes and
unsustainable development. The town planner is part of the „green collars” profession categories, those who
have the role to develop and implement projects, policies and technologies for improving conservation and
sustainability of the environment.
The town planner is a professional that works in urban planning field / filed use planning to
optimize and improve the efficiency of the land use by the community. He makes plans for the development
and management of the urban areas and suburban one and analyzes the use of land from compatibility point
of view with economic, environment and social trends. In this process of plans development for the
community, either they are commercial, residential, agriculture, natural or recreational areas, town planners
must take into consideration a wide range of aspects such as sustainability, air polution, traffic congestion,
field values, legislation etc.
At the european level town planners are organized in CEU-ECTP (European Council of Town
planners1), where Romania is a member with full rights from Europe, participates at all meetings, has a
sustained and appreciated activity and is often mentioned as a good example of organization of the
profession.
The mobility of the town planners in European Union
A number of 260 european town planners work in other member state of EU. In Table 1 is presented
a synthesis situation of the town planners number that work in another EU country than the one in which
they are registered. The data are extracted from the site of the European Commission – EU Single Market –
Data base ragarding the regulated professions2.
1 http://ceu-ectp.org//
2 http://ec.europa.eu/internal_market/qualifications/regprof/index.cfm
THE EUROPEAN UNION THE ROMANIAN GOVERNMENT THE MINISTRY OF LABOUR,
FAMILY, SOCIAL PROTECTION AND ELDERLY
AMPOSDRU
The European Social Fund
POS DRU 2007-2013
Structural Instruments 2007 - 2013
5
Table 1: Synthesis situation of the town planners number that work in another EU country than the one they are registered in
Legend:
1) Calificarea obtinuta = Qualification obtained
2) Recunoasterea calificarii in tara gazda = Recognition of the qualification in the host country
In Fig. 1 are represented the first five countries in the European Union with the greatest number of
town planners that obtained the recognition of the qualification in another member state. The data are
extracted from the site of the European Commission – EU Single Market – Data base regarding the regulated
professions3.
Fig. 1: The first five countries in the European Union with the greatest number of town planners that obtained the recognition of the
qualification in another member state
3 http://ec.europa.eu/internal_market/qualifications/regprof/index.cfm
THE EUROPEAN UNION THE ROMANIAN GOVERNMENT THE MINISTRY OF LABOUR,
FAMILY, SOCIAL PROTECTION AND ELDERLY
AMPOSDRU
The European Social Fund
POS DRU 2007-2013
Structural Instruments 2007 - 2013
6
In Fig. 2 are represented the first five host countries in European Union that have recognized the
greatest number of qualification in urbanism field. The data are extracted from the site of the European
Commission – EU Single Market – Data base regarding the regulated professions4.
Fig. 2: The first five host countries in the European Union
that have recognized the greatest number of qualifications in town planning
Regarding the situation of the town planners in other EU member countries that obtained the
recognition of the qualification in Romania, until now only two profesionists (one in Italy and one in Spain)
have obtained this recognition. The data are extracted from the site of the European Commission – EU
Single Market – The data base regarding the regulated profession5.
Regarding the situation of the town planners in Romania who have obtained the recognition of the
qualification in other EU member states, until now only two specialists have obtained this recognition: one in
Ireland and one in Sweden. The data are extracted from the site of the European Commission – EU Single
Market – The data base regarding the regulated profession6.
1.2. The european normative frame in which is regulated the town planner profession
A key feature of the town planner profession in the countries of European Union7 is its
fragmentation, due to different national legislations, institutional and particular situational contexts regarding
the town planning policies, as well as the professional training requests.
4 http://ec.europa.eu/internal_market/qualifications/regprof/index.cfm
5 http://ec.europa.eu/internal_market/qualifications/regprof/index.cfm - Statistics done on 24.05.2013.
6 http://ec.europa.eu/internal_market/qualifications/regprof/index.cfm
7 Geppert A. & Verhage R., Towards a European recognition for the Planning profession, Planning Education, no. 1, 2008, Proceedings of the
second meeting of AESOP Heads of Schools held at the Arenberg Castle, Leuven, Belgium on 14 April 2007.
THE EUROPEAN UNION THE ROMANIAN GOVERNMENT THE MINISTRY OF LABOUR,
FAMILY, SOCIAL PROTECTION AND ELDERLY
AMPOSDRU
The European Social Fund
POS DRU 2007-2013
Structural Instruments 2007 - 2013
7
As opposed to the profession of architect, that beneficiates of sectorial regulation at European level,
town planner profession is not regulated in all member stats of European Union, complying with the general
provisions from the Directive 2005/36/CE of the European Parliament and of the Council regarding the
recognition of the pofessional qualifications.
Although it isn’t regulated at the european level, the town planner profession is regulated in some
member states of European Union, and in others is not regulated. From this reason, the situation at the
european level is complicated and fragmented.
In Romania, town planner profession is regulated.
A. Laws
1. LAW no. 289 from 7 July 2006 for the amendment and completion of Law no. 350/2001 regarding the
regional planning and town planning
2. LAW No. 350*) from 6 July 2001 regarding the regional planning and town planning, with further
amendments and addenda
3. Law no.184/2001 regarding the organization and exercise of architect profession, republished
4. Law no. 50/ 1991 regarding the authorization of construction works execution, with further amendments
and addenda
5. Law no. 213/ 1998 regarding the public property and its legal regime.
6. Law no. 219/ 1998 regarding the concessions regime.
7. Laws of approval for the Landscaping Plan for the National Territory (LPNT):
· I Section – Means of communication: Law no. 71/ 1996 (update Project law/ 2004).
· II Section – Water: Law no.171/ 1997.
· III Section – Protected areas: Law no.5/ 2000.
· IV Section – Network of municipalities: Law no. 351/ 2001.
· V Section – Natural risk areas: Law no. 575/ 2001.
B. Government decisions
3. H.G. 267/2006 for the approval of Methodological norms for the law enforcement 184/2001.
4. Decision no. 525/ 1996 for the approval of General regulation of town planning, with further amendments
and addenda;
5. Decision no. 1 519/ 2004, for the approval of Regulation for acquiring right of signature for the landscape
planning documentations and town planning and of Regulation regarding the organization and operation of
the Town planners Register in Romania.
C. Decisions of the Superior Council of the Town planners Register in Romania
THE EUROPEAN UNION THE ROMANIAN GOVERNMENT THE MINISTRY OF LABOUR,
FAMILY, SOCIAL PROTECTION AND ELDERLY
AMPOSDRU
The European Social Fund
POS DRU 2007-2013
Structural Instruments 2007 - 2013
8
2. Decision no. 101/ 13.08.2010 for the approval of the Regulation for acquiring the signature right for
landscape planning documents and town planning and of the Regulation for the organization and operation of
the Town planners Register in Romania which repeals the Decision no. 26/ 26.09.2006.
Access conditions:
1. diplomats town planners – graduate with a diploma from the urbanism faculties, recognized by the
Romanian state, with a duration of studies of minimum 5 years;
2. graduates with a diploma of some faculties accredited by the Romanian state, from the following fields
related to town planning and urban planning: constructions-plants, geography, sociology, economics,
ecology, transports, telecommunications, power engineering, water technology, geodesy, history, that
graduated a secondary university specialty program in urbanism and urban planning fields, accredited
according to law and recognized by the Town planners Register in Romania;
3. graduates with an architecture superior education diploma or of other specialities related to urbanism and
urban planing mentioned at p. 2, from the previous classes of the year 2002 including, that have specialized
by professional practice for at least 6 years in urban planning and urbanism fields.
File for the application in practical training:
- Application form for the practical training
- Europass Curriculum vitae
- Photocopies of the graduation diplomas and their originals presentation
- Two recommendations for the application for practical training (application form) given by the RUR
certified specialists, from which one shall be the internship guide
- Work Contract that certifies the trainee is an employee as a designer
File to acquire the right of signature:
A.1. – Specialist practitioners trained as architect, town planner, engineer, geographer, economist,
sociologist, ecologist etc. (acc. art. 4, lett. i)
1. Application form – type form
· the applicants shall mention explicitly in the application form the types of documentations or parts of
documentations and afferent symbols for which they request the right of signature.
2. The point of view of the Territorial Offices of RUR for the applicants in the counties fom the development
regions North-west, South-East, North-west, Center, West and South-West, the files shall be sent to the
Examination Boards, only by the Territorial Offices in Iasi, Cluj-Napoca and Timisoara, according to the set
assignation and shall be accompanied by a written point of view of the BTRUR coordinator.
3. Two recommendations signed and stamped from 2 specialists with the signature right, certified and
registered in the Town planners Register at the file submission date by the applicant – application form
THE EUROPEAN UNION THE ROMANIAN GOVERNMENT THE MINISTRY OF LABOUR,
FAMILY, SOCIAL PROTECTION AND ELDERLY
AMPOSDRU
The European Social Fund
POS DRU 2007-2013
Structural Instruments 2007 - 2013
9
· the recommendations shall accurately mention the types of documents or part of documents and the afferent
symbols for which is recommended to grant the signature right;
· the recommendations shall also mention the quality in which the signatory knew the candidate,
respectively: internship guide, coordinator /project manager, chapters drawer, or hierarchical manager in a
public institution, profile commercial companies or an architecture office;
· the signatory of the recommendation must have the right to sign for at least the same categories of
documentations or parts of documentation for the landscape planning and town planning the candidate asks
and must be able to certify by signature and a stamp the completion of at least one relevant work the
candidate collaborated to, including the payment receipt for the RUR rate for the exercise of the signature
right.
4. Curriculum vitae that must include the description in detail of the professional activity
· type of CV used shall be Europass type (on the RUR site);
· the CV shall have attached a detailed list of the relevant works (portofolio) for the signature right requested,
mentioning at least the following elements: complete name, beneficiary, year of elaboration, name of the
project manager and the responsibility fulfilled by the applicant in elaborating that documentations or part of
documentation for the landscape planning and /or town planning;
· the CV shall also have attached a list of publications including books, studies, specialty articles, reports –
being highlighted the relevant ones for the documentations or part of documentations for which he requires
the signature right
· the CV and its appendixes shall be signed by the applicant on each page.
5. The diplomas, certificates and other documents copies that certify the qualification of the applicant, the
graduation of some master or university specialty programs, other types of specialization or training and
professional training.
6. The valuation report of the professional internship performance8 (if necessary)
· the valuation report shall be signed by the internship coordinator and shall be accompanied by a card-type,
including information regarding the compliance with the obligations stipulated at art. 20 paragraph (2) form
the regulation;
· the valuation report shall be stamped by a professional commission monitoring the internship at its
conclusion (mentioned in RUR register).
7. Photocopies of the regulations drawings from the elaborated general urbanistic plans /urban zoning plans,
at small scale as well as other drawings and graphic representions appropriate and relevant for the categories
of documentations or part of documentations for which the signature right is requested.
8 For the recognition of the adequate internship period performance, there is taken into account the compliance of the provisions from Art. 17 (1)
from the regulation, respectively: „Internship period on the territory of Romania starting from the registration date as a trainee in the Urbanists Register”.
THE EUROPEAN UNION THE ROMANIAN GOVERNMENT THE MINISTRY OF LABOUR,
FAMILY, SOCIAL PROTECTION AND ELDERLY
AMPOSDRU
The European Social Fund
POS DRU 2007-2013
Structural Instruments 2007 - 2013
10
· photocopies shall be preceded by a checklist that shall explicitly include the documentations and the
presented drawings and the work name where they are extracted from;
· photocopies shall be presented at a small scale, but adequate for the understanding the content and for the
identification of the recognition data of the work;
· photocopies shall be reproductions of the original drawings signed and stamped; if it isn’t possible to
various reasons, they shall have signatures and stamps in original;
· at least a part of the presented works shall be signed by the intenship coordinator or by signatories of the
two recommendations, if necessary; there can be attach confirmation letters (signed and stamped) from the
project managers /coordinators regarding the contribution of the applicant at that work/drawing (elaboration,
drawing, chapters from the technical memorandum /regulation, chapter responsible etc.);
· documentations from which are extracted and presented the photocopy must fulfill the condition to be
approved or at least stamped (for the documentations elaborated after the year 1991); for this purpose there
shall be presented copies of the relevant stamps relative to the complexity or the characteristics of the
documentation for which the signature right is requested;
· for the documentations from which are extracted and presented the photocopies must be presented in copy
the corresponding payment receipt of the rate by RUR
8. Examination payment rate receipt.
A.2. - Specialists that come from administration working as chief architect
1. Application form – type form
· the applicants shall explicitly mention in the application the types of documentations and the afferent
symbols for which they require granting the signature right in conformity with the provisions of art. 49, p.
(3).
2. Proof of age in a position as chief architect or equivalent
· minimum necessary seniority for the experience equivalence is of minimum 4 years according to the
provisions of art. 49 in the regulation; the seniority shall be proved by a certificate or another proving
document issued by the employment public institution.
3. The point of view of the Territorial offices of RUR – for the applicants in the counties included in North-
East, South-East, NorthWest, Center, West an South-West development regions, the files shall be sent to the
Examination Board, only by the Territorial Offices in Iasi, Cluj-Napoca and Timisoara, according to the set
assignation and shall be accompanied by a written point of view of the BT RUR coordinator.
4. Curriculum vitae must include the description in detail of the professional activity
· the type of CV used shall be Europass type (RUR site); the CV shall be signed on each page.
THE EUROPEAN UNION THE ROMANIAN GOVERNMENT THE MINISTRY OF LABOUR,
FAMILY, SOCIAL PROTECTION AND ELDERLY
AMPOSDRU
The European Social Fund
POS DRU 2007-2013
Structural Instruments 2007 - 2013
11
5. COPIES of the diplomas, certificates and other documents that certify the qualification of the applicant,
graduation of some master programs or university specialization, other types of specialization or training and
professional training.
6. The activity report that certifies the activity and the experience characteristic to the analysis, valuation,
stamping, coordination (from the beneficiary) of some documentation for the landscape planning and town
planning (if necessary)
· the report shall include copies of the documents /proving documents of the characteristic activites exercised
by the applicant; the copies shall be ordered and included in a checklit that shall mention: type of work,
name, year of elaboration, beneficiary and activity performed by the applicant (made, verified etc.);
· the report shall be accompanied by a confirmation letter signed by the hierarchical manager in the
employement institution.
7. Examination rate payment receipt.
Note: If the applicant that comes from administration had a practical activity according to which he may
request the signature right granting for certain categories of documentations, he shall present a file according
to the requests from p. A1, completed with the elements characteristic to the situation described at p. A2 (eg.
„seniority proof”, „activity report”).
File signature right expansion:
- Expansion application form
- Updated Europass CV
- Photocopies of documents that are part of the old file
- Works portofolio
- Payment rates receipt for the exercise of the the signature right since the accreditation date
- 2 recommendations for granting the signature right for the new types of documentations for landscape
planning and town planning
- Payment rate for the expansion of the signature right
Description stages of the accreditation procedure:
The first step a graduate must do before getting the signature right is to register as an intern of RUR. The
minimum compulsory internship is of 2 years.
The procedure to get the signature right includes the following steps:
a) registration for the accreditation of the signature right;
b) registration for taking the examination to get the signature right;
c) performance of the accreditation procedure for the signature right or, if necessary, the performance of the
examination to get the signature right;
d) granting the signature right.
THE EUROPEAN UNION THE ROMANIAN GOVERNMENT THE MINISTRY OF LABOUR,
FAMILY, SOCIAL PROTECTION AND ELDERLY
AMPOSDRU
The European Social Fund
POS DRU 2007-2013
Structural Instruments 2007 - 2013
12
To be able to exercise the signature right, specialists who got it register in the Town planners Register from
Romania.
The registration for the signature right accreditation consists in:
a) giving the file for the accreditation at the examination board secretary office;
b) verification of the file’s content by the examination board secretary;
c) sending the file to the commission to be verified.
d) the Superior Council may ask the candidates the accreditation of the signature right to participate at an
analysis of the elaborated works.
e) Superior Council may reject, motivated, the registration of the candidates and decide not to grant the
signature right for the documentations of lanscape planning and town planning.
Registration at the examination to get the signature right consists in:
a) giving the registration file to the examination board secretary;
b) verification of the file’s content by the secretary of the examination board, regarding the fulfillment of all
conditions included in the regulation;
c) the acceptance of the registration at the examination and schedualing regarding taking it.
Accreditation of the signature right consists in:
a) valuation of the portofolio of the works written by the applicant;
b) prove of the academic title obtained (authenticated copy of the diploma);
c) professional experience or graduated university specialty programs;
d) recommendation from 2 specialists with the signature right from which one specialist from the same
development region.
Examination to get the signature right consists in the following tests:
a) valuation of the registration file’s content regarding the experience gained during the internship,
respectively the professional practice, in the elaboration of the landscape planning documentation and town
planning;
b) examination of the knowledge regarding the regulations in landscape planning and town planning;
c) interview regarding knowing the recent issues the urban and territorial development confronts with in
Romania and the professional practice experience of the specialist.
The percentage of the results obtained at the 3 tests of the examination in the final score is:
a) 40% for the registration file’s content, including the works portofolio;
b) 30% for the examination of the knowledges regarding the regulations in landscape planning and town
planning fields;
c) 30% for the interview.
THE EUROPEAN UNION THE ROMANIAN GOVERNMENT THE MINISTRY OF LABOUR,
FAMILY, SOCIAL PROTECTION AND ELDERLY
AMPOSDRU
The European Social Fund
POS DRU 2007-2013
Structural Instruments 2007 - 2013
13
After getting the signature right and the registration in RUR specialists may request the expansion of
the signature right. The expansion procedure of the signature right includes the file deposit, analysis of the
file and the expansion decision.
Logical scheme of the accreditation process for the town planner profession in Romania:
Fig. 3: Logical scheme of the accreditation process for the town planner profession in Romania
Legend:
1) validare si certificare = validation and certification
2) depunere dosar = file deposit
3) analiza dosar = file analysis
4) organizare examen pentru town planneri si arhitecti = organization of the town planners and architects examination
5) organizare examen pentru specialistii din domenii conexe = organization of specialists examination from related
fields
6) interviu la comisia de examinare = interview at the examination board
7) validare in sedinta consiliului superior RUR = validaton in the RUR superior council meeting
8) admis = passed
9) respins = rejected
10) inscriere in RUR = RUR registration
11) DA = YES
12) contestatie = appeal
13) eliberare certificat si stampila = issuance of certificate and stamp
14) extindere drept de semnatura = expansion of signature right
15) analiza consiliului superior RUR = analysis of RUR superior council
16) NU = NO
THE EUROPEAN UNION THE ROMANIAN GOVERNMENT THE MINISTRY OF LABOUR,
FAMILY, SOCIAL PROTECTION AND ELDERLY
AMPOSDRU
The European Social Fund
POS DRU 2007-2013
Structural Instruments 2007 - 2013
14
Granted Title:
Specialists that have obtained the signature right receive the signature right accreditation certificate,
where there are registered the categories of documentations they have been granted for.
The signature right accreditation certificates are accompanied by an appendix that includes the
examination results. Specialists may exercise the signature right only after the registration in the Town
planners Register, according to the signature right accreditation certificate.
Taxes:
- For accreditation/ examination – amount for getting the signature right for the landscape planning and town
planning documentations – equivalent in lei of 50 € at BNR exchange rate fom the payment day;
- For the stamp and certificates – RUR registration amount – equivalent in lei of 35 € BNR exchange rate
from the payment day;
- For the expansion signature right – equivalent in lei of 25 € at BNR exchange rate from the payment day.
The signature right is valid for an indefinite period of time.
THE EUROPEAN UNION THE ROMANIAN GOVERNMENT THE MINISTRY OF LABOUR,
FAMILY, SOCIAL PROTECTION AND ELDERLY
AMPOSDRU
The European Social Fund
POS DRU 2007-2013
Structural Instruments 2007 - 2013
15
Fig 4: Valuation grids of the candidates for the accreditation in town planner profession9
Grid for the candidates with experience of minim 6 years in the field*
No.
crt.
Components of the file given by the candidate Maxim
score
Percentage
criterion (%)
1. CV that includes the detailed description of the training and
professional activity (n1)
10 30%
2. Practical activity (works portofolio) (n2) 10 50%
3. Scientifical activity (list of elaborated studies, books, specialty
articles published) (n3)
10 20%
Final score n1x0,3+n2x0,5+n3x0,2
Grid for the candidates with experience of less than 6 years in the field*
No.
crt.
Components of the file given by the candidate Maxim
score
Percentage
criterion (%)
1. CV that includes the detailed description of the training and
professional activity (n1)
10 30%
2. Practical activity (works portofolio) (n2) 10 30%
3. Scientifical activity (list of elaborated studies, books, specialty
articles published) (n3)
10 20%
4. Valuation report of the internship performance (n4) 10 20%
Final score n1x0,3+n2x0,3+n3x0,2+n4x0,2
Grid for the candidates in administration (chief architects)*
No.
crt.
Components of the file given by the candidate Maxim
score
Percentage
criterion (%)
1. CV that includes the detailed description of the training and
professional activity (n1)
10 30%
2. Activity report that certifies the characteristic experience
regarding the analysis, valuation, stamping, coordination of
some documentations for the landscape planning and/or town
planning (n2)
10 50%
3. Practical activity (works portofolio) (n3) 10 10%
4. Scientifical activity (list of elaborated studies, books, specialty
articles published) (n4)
10 10%
Final score n1x0,3+n2x0,5+n3x0,1+n4x0,1
Comparative analysis of the town planner profession in Romania and in the 8 member states of
European Union included in the study is presented in Table 2.
9 Decision 101 of the Superior Council of Town planners Register in Romania, for the approval of the Regulation for getting the
signature right for the landscape planning and town planning documentations and the Regulation regarding the organization and
operation of Town planners Register in Romania, Official Gazette of Romania, I Part, no. 577/ 13.VIII.2010.
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Table 2: Comparative analysis of the town planner profession in Romania and the 8 member states of EU included in the study Romania Germany Austria Great Britain Netherland Spain Italy Czech
Republic
Denmark
There are professions regulated
in town planning field (Yes/No)
yes Yes, except the lands
from Hesse and North Rhine - Westphalia
no yes No, dar titlul este
protejat
no yes no no
Professions regulated in town
planning
Town planner
Town planner Architect Town planner Professions included
in the Ocupations
Code: town planner
Technical
architect
Territory
Planner
Junior territory
planner
Authorized
architect
Professions
included in the
Ocupations Code: Architect
Competent authority for the
professions regulated in town
planners field
Town planners
Register in
Romania
Architektenkammer Architects rooms in
the 16 lands
Bundesministerium für Wirtschaft,
Familie und Jugend –
Federal Ministry of Economy, Family and
Youth
Royal Institute of Town
planning –
Royal Town Planning
Institute
Stichting Bureau Architectenregister
(Architects Register)
Ministry of Dwelling
Ministry of Education,
Univesitties
and Research
Czech Chamber of
Architects
Architects Association
Activities
(exclusive or
shared) to the
professions in
town planning
Real estate
register
There are no
activities reserved to
town planners
There are no activities
reserved to town planners; most of the
activities are shared
with the architects and with the civil
engineers
There are no activities
reserved to architects; most of activities are
shared
There are no
activities reserved to
town planners;
most of activities are
shared
The town planner
title is protected, but the activities are not
reserved to the
professionists that have this title
The town
planning activities are
shared by the
architect with the technical
engineer
All activities
are shared with the
engineers and
architects
Town planning
activities are shared by the
architect with
the engineer
The town
planning activities are
shared by the
architect with the engineer
Topographic
determination /
demarcation
Feasability
studies
Planning and
design
Requests for
constructions
permits/
constructions
licences
Supervision
and
monitoring of
constructions
activities
Technical and
certification
licences
Urban and
landscape
planning
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Interior Design
Competences Training at the universitary level and of which main component is town planning or the training at the universitary level as an architect and secondary universitary specialization in town planning.
(a)
Exercise conditions Individual
office,
partnership
office, commercial
company for design or
other forms of
association
Autonomous,
partnership office,
employee in private
sector
Autonomous,
partnership office,
employee in private
sector, employee in the public
administration
Autonomous,
partnership
office,
employee in private sector
Employee in the
private sector,
employee in the
public administration
Autonomous,
architecture
private office,
employee of a constructions
company, employee in the
public
administration
Autonomous,
partnership
office,
employee in private sector
Autonomous,
partnership
office,
employee in private sector
Employee in
the public
administration
Recognition
regime acc. to
Directive
2005/36/CE
Recognition general procedure
Level of
qualification
acc. Directive
2005/36/CE
-
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II. Validation/certification procedures of the competences applied by CA in the countries in which
the profession/s are regulated
2.1. Accreditation and certification for the exercise of the town planner profession in Italy
The town planner profession (territorial planner) is regulated in Italy. The competent authority for
the landscape planners and junior landscape planners professions is the Ministry of Education,
Universities and Reseach.
Junior territorial planner title emergence is a consequence of the implementation for the Bologna
system in the high italian education and for the Bologna process objective to integrate a greater number of
graduates of the university education cycle on the labor market. Thus, for the junior territorial planner title is
necessary the diploma of licence (Laurea), while for the territorial town planner title is necessary the
diploma of licence accompanied by the master diploma (Laurea magistrale).
The accreditation for the exercise of all professions regulated in Italy is done according to a state
examination. The procedure differs significantly from the one in Romania, where the signature right is
obtained after a 2 years internship period, finished with a complex examination that consists in: analysis of
the file and the fulfillment of the eligibility and honesty conditions, valuation of the works portofolio and
interview.
The architects, town planners, landscape painters and conservatives order (Ordine degli
architetti, pianificatori, paesaggisti e conservatori) is a professional body that manages the professionists
register with the right to exercise both the architect profession, and the town planner (territorial planner) and
of restorer/conservative. Section A includes the architecture, town planning, landscaping, conservation of
ambient and architectural goods sectors, to which correspond the professional titles of architect, town
planner, landscape painter, conservative of ambient and architectural goods. Section B includes the sector of
architecture and planning, to which correspond the professional titles of junior architect and junior town
planner.
The professions managed by the Architects, town planners, landscape painters and conservatives
are: architect, junior architect, town planner (urbanist), junior town planner (junior urbanist), landscape
painter.
The registration in the professional register is accompanied by the decisions: «section A –
architecture sector», «section A – town planning sector», «section A – landscaping sector», «section A –
conservation of ambient and architectural goods sector», «section B – architecture sector», «section B –
planning sector».
Procedure of accreditation
A. Section A – profession of town planner (urbanist)
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Necessary documents for the registration at the state examination to get the town planner title:
i. Diploma or the degree granted according to article 17, paragraph 95 from Law from 15 May, 1997, no.
Amendments 127 and, further, or licence diploma, according to table A attached to the Presidential
Decree No. 328 from 2001, original, authenticated copy or copies of the document.
ii. Tax payment receipt for the graduation examinations in amount of € .49,58 stipulated by article 2,
paragraph 3 from the Decree of the Minsters Council President from 21 december 1990, subject to any
subsequent amendments.
iii. The applicants have also the obligation to pay a tax set by each university, according to article 5 from
Law 24 december 1993, 537. The receipt must be attached to the above mentioned documentation.
iv. The documentation regarding the content of the academic training program is inserted in the candidate’s
file by the competent offices of the university or of the high education institute where the candidate
registered to take the state examination.
The state examination for section A – town planning sector consists in:
1. A practical test that has as object the technical analysis of the urban and territorial phenomenons or the
valuation of the drawings and of the urban, territorial and ambient transformation programs.
2. A written test on themes of urban legislation.
3. A discussion related to the subject that is the object of the written test, including the aspects regarding
legislation and professional ethics.
B. Section B – profession of junior town planner
Documents necessary for the registration at the state examination to get the junior architect
title:
1. Diploma in town planning and territorial and ambient planning sciences
2. Diploma in science and technology for the environment and nature
The state examination for the section B – town planning sector consists in:
1. A practical test that consists in a technical analysis of the urban and territorial phenomenons or the
valuation of drawings and urban, territorial and ambient transformation programs.
2. A written test that has as objective the valuation of the urban compatibility of public works.
3. A second written test that consists in a theme or a graphic test from the specialty subjects studies during
faculty.
4. An oral test from the subjects that are the object of the written test, plus legislation aspects and
professional ethics.
2.2. Acceditation and certification for the exercise of the town planner profession in Spain
The town planner profession is not regulated in Spain. As a matter of fact, the profession is not yet
accepted, being in this moment a specialty of master level for the architect.
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The Royal Decree10
1837/2008 presents in the VIII Appnedix (Appendix L11a_2) the alphabetical
list of the professions and activities grouped according to the training level existing in Spain to accede for the
exercise of the profession, in correlation with the levels described in article 19 (article 11 from the Directive
2005/36/CE regarding the recognition of the professional qualifications).
The debate regarding the possibility to introduce the town planner professional title in Spain was
followed during the last years by the discussions regarding the university reform. The conclusions of this
debate are that the town planner must have a solid basis of professional training in architecture, therefore he
must be a graduate of the licence studies in architecture. The specialization in town planning is obtained
through the master program and is consolidated with the doctoral program.
2.3. The Accreditation and certification to exercise the town planner profession in Czech
Republic
In Czech Republic the town planning activity is exclusively one that is the state’s responsibility,
coordinated by the resort ministry. Even in this state there is no town planner professional title, in exchange
the architect has competences in town planning – the planning and use of lands. Therefore, the accreditation
and certification follows the characteristic steps for the architect profession.
In Czech Republic the architect is a professionist authorized according to Law 360/1992 Coll. and is
registered in the list of authorized architects kept by the Czech Chamber of Architects. The Czech Chamber
of Arhitects issues the certificates in architecture, town planning and landscaping architecture fields. The
competent authority is the Czech Chamber of Architects, that is responsible for the professional
certification for the professions of: architect, town planner, landscape architect.
Legislation that regulates the profession is:
- Law11
no. 360/1992 from 7 May 1992 regarding the professional practice of the registered architects and
the professional practice of the registered engineers and technicians that activate in constructions,
amended by Law 164/1993 and Law no. 275/1994.
- Law12
no. 224/2003 regarding granting the commercial licences.
- Law no. 189/2008 regarding the amendment of legislation for the recognition of the vocational
qualifications in Czech Republic.
10
REAL DECRETO 1837/2008, de 8 de noviembre, por el que se incorporan al ordenamiento jurídico español la Directiva 2005/36/CE, del
Parlamento Europeo y del Consejo, de 7 de septiembre de 2005, y la Directiva 2006/100/CE, del Consejo, de 20 de noviembre de 2006, relativas al reconocimiento de cualificaciones profesionales, así como a determinados aspectos del ejercicio de la profesión de abogado. BOE núm. 280, 46185-
46320. 11
ACT no. 360/1992 Coll. of the 7th May 1992 on the Professional Practice of Certified Architects and on the Professional Practice of Certified
Engineers and Technicians Active in Construction as amended by Act no. 164/1993 Coll., Act no. 275/1994 Coll. 12
Act no. 224/2003 Coll., Trade licensing act, 2 oct. 1991. Federal Assembly of the Czech and Slovak Federative Republic
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The minimum conditions of certification are: having a university diploma in architecture (5 – 6
years) and professional experience of minimum 3 years for the graduates in this field or 5 years for those that
graduated related studies.
Way of application for the certification in Czech Republic:
1. Giving a written application by: a citizen of Czech Republic or a citizen of a EU member state or of the
European Economic Space or Swiss Confederation.
2. The Chamber admits an applicant to the professional competence examination in term of 6 months from
the written application reception, if he fulfills the professional training and citizenship criteria.
3. Requests for the professional training:
a) University education or comparable in architecture graduated at a high education institution /
recognized university, at least the master level of certification, according to section 3, paragraph a);
studies must be according to the requests established by points 1.2 and 1.3 from the appendix for the
certification in architecture field, stipulated in section 4, sub. 2, paragraph a).
b) University education or graduated in a comparable education institution, in a field of study stipulated in
Section 5, subsection 3, or in a similar field of study in the licence education program with a duration of
minimum four years of studies, or in a master program for certification, according to section 3,
paragraph b),
c) University education or graduated in a comparable education institution, in a field of study stipulated in
Section 5, subsection 3, at the licence program level or master program and/ or a secondary school or a
technical secondary one in similar fields for certification, according to section 3, paragraph c).
4. Total duration of professional experience of at least 3 years in the field if the applicant is a graduate of a
licence university education program or a master one in the field, and at least 5 years if the applicant is
a graduate of another education program.
5. The professional competence examination aims the valuation of knowledge and competences necessary
to practice the profession, especially:
a) Proving the professional knowledge, if they are not part of the formal education recognized of the
applicant.
b) Proving the knowledge related to the legal aspects to practice the architect profession.
6. Certification tax: 500 CZK
After passing the certification examination the architect takes an oath.
2.4. Accreditation and certification to exercise the town planner profession in Austria
In Austria town planning is studied at the level of secondary university studies at the Geography
Faculty from the University in Vienna and the University of Applied Agricultural Sciences in Vienna. Also
in this state the town planner profession is not an independent one, it is generaly practiced by architects.
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The profession of architect is regulated in Austria. The Competent authority is: Bundesministerium
für Wirtschaft, Familie und Jugend – Federal Ministry of Economy, Family and Youth13
.
Law that regulates the profession of architect in Austria: Bundesgesetz über Ziviltechniker
(Ziviltechnikergesetz 1993 - ZTG), StF: BGBl. Nr. 156/1994 (NR: GP XVIII RV 498 AB 1492 S. 153. BR:
4745 AB 4752 S. 580.)
The access at the profession of architect in Austria
For the access at the architect profession (civil engineer) there are the following conditions:
graduation of specialty university education, work experience of at least 3 years after the graduation, passing
the civil engineer examination.
The examination is oral and may be repeted twice. It includes themes from the following fields:
Austrian legislation in administration, business administration, legal and professional rules applicable in the
field, professional ethics.
Professional organizations from lands level are:
1. Chamber of architects and chartered engineering consultants for Vienna14
2. Chamber of architects and chartered engineering consultants for Styria and Carinthia15
3. Chamber of architects and chartered engineering consultants for Upper Austria and Salzburg16
4. Chamber of architects and chartered engineering consultants for Tirol and Vorarlberg17
2.5. Accreditation and certification to exercise the town planner profession in Great Britain
The town planner profession is regulated in Great Britain, and the competent authority is the Royal
Town Planning Institute18
.
To access the town planner profession in Great Britain is necessary to graduate a licence university
education program or a master program19
accredited by the Royal Town Planning Institute. The main
condition is that the program to be a combined one (spatial + specialist), or to be graduated two programs:
one spatial and one specialist.
2.6. Accreditation and certification to exercise the town planner profession in Denmark
In Denmark, there is no town planner profession. The town planning activities are ordinarily done by
architects.
13
Contact data: Stubenring 1, Abteilung I/, 31010 Wien, Phone: +43-1 71100, Fax: +43-17142718, E-mail: [email protected], URL:
www.bmwa.gv.at. 14
Lower Austria and Burgenland, Kadam 9, 1040 Vienna, T 01/505 17 81/0 15 Schönaugasse 7, 8011 Graz, T. 0316/82 63 44/0 16 Kaarstraße 2 / III, 4040 Linz, T. 0732/73 83 94/0 17 Rennweg 1, 6020 Innsbruck, T. 0512/58 83 35 18
41 Botolph Lane, London, United Kingdom, EC3R 8DL, tel. +44 0207 929 9494, fax +44 0207 929 9490, http://www.rtpi.org.uk 19
http://www.rtpi.org.uk/education-and-careers/information-for-universities/accredited-qualifications/
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Either the architect profession is not regulated in Denmark, reason for which there is no competent
authority in this field. In the same time, even the architect title is not professionaly protected in this country.
There is the Danish Association of Architects, which members use the title of architect.
The architect position is not restricted and doesn’t need accreditation, according to Danish
legislation.
In other words, the graduate of a university education program accredited in architecture has the right
to practice in Denmark for free, because the profession of architect is not regulated.
The architect may register himself in the Architects Association from Denmark. As the profession is
not regulated, the Architects Association shall issue a certificate of Architect as Member of the Architects
Association (MAA). But this certificate doesn’t give to the owner any additional rights, because the
Architects Association is not a comptent authority, but only a simple professional association. The
registration in Architects Association is not compulsory.
2.7. Accreditation and certification to exercise the town planner profession in Netherland
In Netherland the town planner profession20
is not regulated. The town planner title is protected, but
the town planning activities and services are not reserved to the holders of this title. In this state, legislation
centers on the constructions and buildings sites. The professionists that operate in constructions field are not
imposed regulaitions, or they are extremly vague. Achievement of the constructions activities is opened to
any operator, but the given constructions projects are analyzed in detail by the local authorities.
For example, it is not mandatoy as a town planning project to be stamped by a town planner. The
local authorities have their own experts in civil engineering and town planning that verify the technical
viability of the project, and monitors the compliance with the town planning rules. The local authorities are
those who authorize or reject the project, not the town planner.
Regulation regarding the professional experience – shall enter into force begining with the date
of 31 December 2014.
Any student that finish the studies after the 31 December 2014 and wants to register in Netherlands
as a town planner is obligated to finish a professional experience period. The professional experience period
prepairs the students to satisfactory exercise their profession. After this period, when they get two years of
professional experience, in practice, under the supervision of experienced town planners, active (mentors),
they may register in the Town planners Register.
The office Architectenregister has the legal obligation to elaborate the detailed norms for the
structure of this period. These rules shall be placed under the professional norms published in the year 2012
regarding the experience period. By this, the office Architectenregister implements the academic titles
20
Stedenbouwkundige
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(Architects) Act (WAT), law that has been modified in the year 2012. Regulations offer clarity regarding the
level of knowledge, understanding and skills that a person who went through a period of two years of
professional experience must have. This also offers a clear answer regarding the structure of this period, the
necessary supervision of the statutory mentor and the way in which the professional experience period must
be finished.
An important basis for the regulations regarding the content is the recommendation published in
March 2011 by the WAT project group by the order of Architectenregister office and the Chief architect
from the government. Since 2012, Architectenregister office involves all education institutes for prepairing
the professional experience regulation. The professional organizations are also an important discussion
partner. In addition, there shall be organized meetings in the entire country, in the near future. All persons
registered in the register and other interested parties may present their point of view regarding the content
and ask their questions to the Architectenregister office. The regulations are to be harmonized in time,
begining with this date.
2.8. Accreditation and certification to exercise the town planner profession in Germany
Accreditation and certification in the town planner profession in Germany is regulated by the lands
legislation. The town planner profession21
is regulated in most of the lands, with two exceptions: in Hesse
land and in North Rhine land – Westphalia the town planner title is protected, but the profession is not
regulated.
According to the legislation that regulates the town planner profession, the town planner title is
protected. The title is granted both to architects and to town planners, after the registration in the architects
and town planners register, managed by the chamber of architects in the respective land. The registration is
linked to the membership of the one of the architects chambers of the land.
The registration in the architects and town planners register managed by any of the architects rooms
in any land of German Federal Republic is granted at request according to the proves included in the
diploma, examination certificate or other relevant proves in town planning field and the practical experience
relevant of 2 years (in Saarland 3 years). The application for the professional accreditation and certification
are within the scope of the relevant professional rooms in the 16 lands:
1. Architektenkammer Baden-Württemberg22
2. Bayerische Architektenkammer23
3. Architektenkammer Berlin24
21
Stadtplaner 22
Danneckerstraße 54, 70182 Stuttgart, Tel: 0711 / 21 96 -0, Fax: 0711 / 21 96 -103, E-Mail: [email protected], Internet: www.akbw.de 23 Waisenhausstraße 4, 80637 München, Tel: 089 / 13 98 80 -0, Fax: 089 / 13 98 80 -99, E-Mail: [email protected], Internet: www.byak.de 24 Alte Jakobstraße 149, 10969 Berlin, Tel: 030 / 29 33 07 -0, Fax: 030 / 29 33 07 -16, E-Mail: [email protected], Internet: www.ak-berlin.de
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4. Brandenburgische Architektenkammer25
5. Architektenkammer der Freien Hansestadt Bremen26
6. Hamburgische Architektenkammer27
7. Architekten- und Stadtplanerkammer Hessen28
8. Architektenkammer Mecklenburg-Vorpommern29
9. Architektenkammer Niedersachsen30
10. Architektenkammer Nordrhein-Westfalen31
11. Architektenkammer Rheinland-Pfalz32
12. Architektenkammer des Saarlandes33
13. Architektenkammer Sachsen34
14. Architektenkammer Sachsen-Anhalt35
15. Architekten- u. Ingenieurkammer Schleswig-Holstein36
16. Architektenkammer Thüringen37
III. Recognition processes of the qualifications obtained in other member states of European Union
3.1. The general frame of the recognition process for the qualifications/professions regulated in
European Union
At the level of European Union there are clear instruments that favour the transfer of qualifications
and competences in academic or professional purposes. The purpose of the implementation of these
instruments is to facilitate the right of free circulation of the citizens, precisely the ensuring the right of the
individual to exercise a professional activity or to form in a member state.
There are two types of such instruments: a) the recognition system of the qualifications for the
professions regulated and b) instruments that aim to ensure the visibility of competences and qualifications at
an european scale: Europass and national reference points for the professional qualifications.
25 Kurfürstenstraße 52, 14467 Potsdam, Tel: 0331 / 27 59 10, Fax: 0331 / 29 40 11, E-Mail: [email protected], Internet: www.ak-brandenburg.de 26 Geeren 41/43, 28195 Bremen, Tel: 0421 / 17 00 07, Fax: 0421 / 30 26 92, E-Mail: [email protected], Internet:
www.architektenkammer-bremen.de 27
Grindelhof 40, 20146 Hamburg, Tel: 040 / 44 18 41 -0, Fax: 040 / 44 18 41 -44, E-Mail: [email protected], Internet: www.akhh.de 28 Bierstadter Straße 2, 65189 Wiesbaden, Tel: 0611 / 17 38 -0, Fax: 0611 / 17 38 -40, E-Mail: [email protected], Internet: www.akh.de
29 Alexandrinenstraße 32, 19055 Schwerin, Tel: 0385 / 590 79 -0, Fax: 0385 / 590 79 -30, E-Mail: [email protected], Internet:
www.architektenkammer-mv.de 30 Friedrichswall 5, 30159 Hannover, Tel: 0511 / 280 96 -0, Fax: 0511 / 280 96 -19, E-Mail: [email protected], Internet: www.aknds.de 31 Zollhof 1, 40221 Düsseldorf, Tel: 0211 / 49 67 -0, Fax: 0211 / 49 67 -99, E-Mail: [email protected], Internet: www.aknw.de 32 Hindenburgplatz 6, 55118 Mainz, Tel: 06131 / 99 60 -0, Fax: 06131 / 61 49 26, E-Mail: [email protected], Internet: www.akrp.de 33 Neumarkt 11, 66117 Saarbrücken, Tel: 0681 / 954 41 -0, Fax: 0681 / 954 41 -11, E-Mail: [email protected], Internet: www.aksaarland.de 34 Goetheallee 37, 01309 Dresden, Tel: 0351 / 317 46 -0, Fax: 0351 / 317 46 -44, E-Mail: [email protected], Internet: www.aksachsen.org 35 Fürstenwall 3, 39104 Magdeburg, Tel: 0391 / 536 11 – 0, Fax: 0391 / 536 11 – 13, E-Mail: [email protected], Internet: www.ak-lsa.de 36 Düsternbrooker Weg 71, 24105 Kiel, Tel: 0431 / 570 65 -0, Fax: 0431 / 570 65 -25, E-Mail: [email protected], Internet: www.aik-sh.de 37
Bahnhofstraße 39, 99084 Erfurt, Tel: 0361 / 210 50 -0, Fax: 0361 / 210 50 -50, E-Mail: [email protected], Internet:
www.architekten-thueringen.de
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In each member state there are two information points, respectively the National Point of Reference
for professional qualifications and ENIC-NARIC Network.
A person who has studied in EU member country may request the recognition in another EU
member country, in order to continue his studies or to exercise his profession. The recognition of
qualifications is the responsibility of the recognition institutions, existing in each country. Thare are two
types of “international” recognition:
Academic recognition, that allows the person to attend or to continue his studies or confers him the
right to use a national title or a degree in the host country according to the title or degree obtained in
the origin country;
Professional recognition refers to the methodologies and valuation procedures in order to practice
the profession/occupation.
Academic recognition and professional recognition have different objectives and in most of EU
member states are differently approched, with different instruments. Each EU country has its own regulated
professions system. Thus, a profession may be regulated in a EU member country and may not be regulated
in another. In the country in which the profession is regulated, the applicant must go through the recognition
academic recognition to be able to exercise his profession, while in the country in which the profession is not
regulated he goes through the professional recognition. There are also other situations, such as in Great
Britain, where the professional qualification (for certain professions) is obtained after finishing the university
studies with a characteristic professional training of secondary university level ensured by the suppliers
authorized for professional training. In such situations the professional requests are established by a naional law
or by professional organizations.
The town planner profession is regulated in some EU member states and is not regulated in others.
This fact often leads to the emergence of some unjustified barriers in the way of professionists who wish to
exercise the town planner profession in another EU member state.
The recognition of the town planner qualification in Romania
B.1. For the specialists with equivalent right obtained in another member state
„Regarding the signature right persons or other equivalent right obtained in another member state, they may
get the accreditation of the signature right from the Town planners Register in Romania, in capacity of
competent national authority, only after the examination regarding the Romanian legislation in this field”
(art. 6, p. 4 from the regulation).
For these specialists the file shall include:
1. REGISTRATION APPLICATION– application form
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- the applicants shall explicitly mention in the application form the types of documentations or parts of
documentations and the afferent symbols for those who request the signature right granting.
2. PROVE of the signature right obtained in another member state and belonging to a professional
association from that member state.
3. TWO RECOMMENDATIONS signed by 2 specialists with the signature right, member of the same
professional association from the origin member state of the applicant.
4. CURRICULUM VITAE to include the detailed description of the professional activity
- type of CV used shall be the Europass type (on RUR site);
- the CV shall have attached a detailed list of the relevant works (portofolio) from the signature right
requested as well as a list of publications including books, studies, specialty articles, reports;
5. COPIES of diplomas, certificates and other documentes to certify the qualification of the applicant, the
graduation of some secondary university specialty programs or professional training. Certificate in the origin
state to certify that he beneficiates of the necessary pofessional training.
6. Relevant EXTRACTS (written parts or designed) from the most important works elaborated by the
applicant.
7. RECEIPT OF THE EXAMINATION TAX PAYMENT.
Note: The file shall be presented in Romanian language except for the elements from p. 6 (copies of
diplomas, certificates etc. shall be translated). The equivalence of the signature right shall set by the
examination board from RUR according to the signature right characteristic for which the applicant has been
certified in the origin state as well as in relation to the proved portofolio and experience. For the equivalence
of the signature right shall be also taken into account provisions of art. 50 from the regulation regarding the
recognition of the qualification title and the reciprocal agreements.
B.2 – For the specialists in other member states that do not have a signature right or Romanian
specialists that got the qualification title on the territory of another member state
A file shall be submitted which content shall fulfill the requests from p. A1. Additional details can be
requested regarding the content of the graduated specialty programs, if necessary. A legislation examination
shall be taken in this field or he shall prove the exercise of an „adaptation stage” of 6 months– 2 years
according to the provisions of art. 6 (5) from the regulation.
SOLVIT
SOLVIT is a network for solving the issues, in which the EU member states work together, not
using the legal procedures, to solve the issues appeared due to the inappropriate application of law regarding
the internal market by the public authorities. In each state, member of European Union, there is a SOLVIT
centre, that supplies these services for free. SOLVIT deals with the corss-border issues between a company
or a citizen, on one hand, and a public authority, on the other hand, where it is possibile that the community
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law to be properly applied. The fields, in which the frequency of the issues is greater and there are claims to
be solved by SOLVIT, are: professional recognition of the qualifications and diplomas; the access to
education; residence permits; rights to vote; social security; the rights to have a place of work ; driving
licences; the registration of the vehicles with engine; border control; access on the products market; access
on the services market; seting as a freelancer; public procurement; taxation; free circulation of capitals and
of payments.
In each member state of European Union there is a SOLVIT centre38
that supplies these services for
free.
Any claim by SOLVIT involves for solving four steps:
1 Step – accepting the case, it is verified the legal basis, if the documents included in the base by origin
centre are not enough it requires additional documents;
2 Step – getting the solution: competent authority is contacted, the one that is involved in the case of the
claimer and collaborates with it in order to get a correct solution and according to the European law;
3 Step – proposal of the solution (implemented or not) – the solution must be real, practical and according to
the European law;
4 Step – if the solution hasn’t been implemented during the proposal, they monitor it – a case is solved, but
when the solution is implemented and it solves the client’s issue.
The member states should intensify their efforts to make sure that physical persons and companies may
use efficiently their rights regarding the unique market, guaranting an efficient application and an
enforcement of the legislation regarding the unique market by the national law courts, by supplying quality
information, instruments and procedure of e-government, as well as by making investments in mechanisms
intended for the fast solving of the issues. SOLVIT potential is still not enough to be exploited as a key
instrument for solving the issues at the national/european level, partly due to insufficient staff in different
SOLVIT centres and in the same time due to insufficient information of European citizens about the
competences of these centres.
The SOLVIT Centres in the eight member states included in this guide are:
SOLVIT Italy: Presidenza Consiglio Ministri, Dipartimento Politiche Comunitarie, Piazza Nicosia 20, IT -
00186 Roma, Tel. +39 06 677 95 844, Fax. +39 06 677 95 044, [email protected]
SOLVIT Czech Republic: Odbor vnitřního trhu a služeb EU, Ministerstvo průmyslu a obchodu, Na
Františku 32, CZ - 11015 Praha 1, Tel. +420 22 422 1701, Fax. +420 22 485 3079, [email protected]
SOLVIT Denmark: Danish Business Authority (Internal Market Centre), Langelinie Allé 17, DK - 2100
Copenhagen, Tel. +45 35 46 62 00 (the hotline), Tel. +45 35 46 66 16, Tel. +45 35 46 66 73,
38
In Romania the SOLVIT Centre has as contact data: Government of Romania, European affairs Departament, Bvd. Aviatorilor no. 50A, Sector 1,
Bucharest 011854, Romania, Tel.:+4021.308.53.60, Fax:+4021.318.55.24, E-mail: [email protected]
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SOLVIT Germany: Bundesministerium für Wirtschaft und Technologie, Scharnhorststr. 34-37, DE - 10115
Berlin, Fax. +49 3018 615 5379, [email protected]
SOLVIT Spain: SOLVIT – España, Ministerio de Asuntos Exteriores y de Cooperación, Serrano Galvache
26, ES - 28033 Madrid, Tel. +34 91 379 9999, Fax. +34 91 394 8684, [email protected]
SOLVIT Netherland: Ministerie van Economische Zaken, Landbouw en Innovatie, Bezuidenhoutseweg 30,
Postbus 20101, NL - 2500 EC, Den Haag, Tel. +31 70 379 7708,
Fax. +31 70 379 7014, [email protected]
SOLVIT Austria: Bundesministerium für Wirtschaft, Familie und Jugend, SOLVIT Center, Abteilung
C1/2, Stubenring 1, AT - 1010 Wien, Tel. +43 1 71100-5119, Tel. +43 1 71100 – 5293, Tel. +43 1 71100-
5187, Fax. +43 1 71100-2207, [email protected]
SOLVIT Great Britain: Department for Business, Innovation and Skills, 1 Victoria Street, UK -
London SW1H 0ET, Tel. +44 20 7215 2833, Fax. +44 20 7215 2234
3.2. Recognition of the town planner qualification in Italy
Italy has implemented the Directive 2005/36/CE by the Legislative Decree no. 206 from 6 november
200739
. By this decree are established rules according to which the citizens of the EU member states may
exercise on the territory of Italy the profession regulated for which they are qualified in the origin member
state. The text of the transpotion reffers to the so called “regulated” professions defined at art. 4, paragraph 1,
lett. a) from this decree. The decree is applied to nationals from member states of the European Union, who
wish to exercise on the italian national territory, as eployees or as autonomous – including freelancers, a
profession regulated according to a professional qualification, obtained in the member state of European
Union and the conditions in which this profession shall be allowed to be exercised. The certification of
competences shall also be done according to some normative documents of a general nature.
The profession the applicant wishes to exercise on the italian territory shall be the one for which he
was qualified in the origin member state if the activities are comparable and may be exercised in establishing
regime or as temporary and occasional crss-border performance.
According to the provisions of art. 56, paragraph 4, and art. 57 from the Directive 2005/36/CE, the
Departament for the coordination of community policies near the Presidency of the Concil of Ministers is the
national coordinator ad the National Point of Contact40
.
39 “Attuazione della direttiva 2005/36/CE relativa al riconoscimento delle qualifiche professionali, nonche' della direttiva 2006/100/CE che adegua determinate direttive sulla libera circolazione delle persone a seguito dell'adesione di Bulgaria e Romania” 40
Presidenza del Consiglio dei Ministri, Dipartimento Politiche Comunitarie, Ufficio Mercato Interno e Competitività, Piazza Nicosia 20, 00186
ROMA, ITALIA, e-mail: puntonazionaledicontattoqualificheprofessionali@politicheeuropee.it, Website: www.politichecomunitarie.it. Persoane de
contact: Dott.ssa Lucia Monaco e-mail: [email protected], Dott.ssa Maria Giuseppina Castellano e-mail: [email protected], Tel.: 0039 06 677 92 548- Fax: 0039 06 6779 5064.
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DL 206/2007 sets the basic rules according to which the citizens of EU member states may exercise
on the italian territory the profession regulated for which they are qualified in their own origin member state.
For the town planner profession the competent authority is the Ministry of Education, Universities and
Research.
Since it is about a regulated profession both in Italy and in Romania, Italy doesn’t restrict the free
practice of services for the town planners certified in Romania. There is a special request though, the one that
a person who move to Italy from a EU member state and intends to perform services as a town planner to
inform the italian competent authority by a prior written statement. This statement must include details
regarding to any personal or collective protective insurance with respect to the professional responsibility
(according to art. 10 of decreto legislativo 9 Novembre 2007, n. 206, attuazione della direttiva 2005/36/CE
relativa al riconoscimento delle qualifiche professionali). This statement must be annualy renewed.
For the first services performance the statement must be accompanied by the following documents:
- nationality prove
- a certificate to certify that the owner is legally a resident in a member state, to exercise the activities
in question and that he is not forbidden to practice the profession, even temporary, at the moment of
the certificate issuance
- the evidence of the professional qualifications
- clean criminal record certificate
The service shall be performed under a professional title in the residence member state, to the extent
that there is such a title in that member state for the professional activity in question. For the town planner
title in Romania, the service shall be performed as territorial planner title in Italy. This title is indicated in the
official language or in one of the official languages of the residence member state, so that to avoid any
confusion with the professional title in the host member state.
All documents written in a foreign language must be accompanied by a translation in italian
language, certified acording to the orginal text, issued by the Italian diplomatic or consular authority in the
country that issued the diploma, or by an official translator in an italian law court. The use of photocopies by
the EU citizens is done according to law DPR 445/2000, that imposes that they have to be accompanied by a
conformity statement with the original on the applicant own responsibility. The Authorities shall verify at
random the accuracy of these statements.
The original documents will not be able to be withdrawn by the interested or assignee person, at the
end of the recognition procedure of the diploma.
The town planner profession is regulated in Italy, and the competent authority is Ministero
dell'istruzione, dell'università e della ricerca.
3.3. Recognition of the town planner qualification in Spain
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The Royal Decree 1837/2008 presents in the Appendix VIII (Appendix L11a_2) the alphabetic list
of the professions and activities groupted according to the training existing in Spain to accede to the exercise
of the profession, in correlation with the levels described in article 19 (article 11 from 2005/36/CE).
The national classification of the occupation in Spain includes in architecture field the following
occupations, grouped in the category with the code 248 – technical architects, topographers and designers:
code - 2481 technical architects and town planning technical designers, code 2482 – designers and clothing
products, code 2483 – technical engineers in topography, code 2484 – graphical designers and multimedia.
Legislation regarding the professional recognition in Spain
Spain has implemented the Directive 2005/36/CE by the Royal Decree 1837/ 8.11.2008, that sets the
rules according to which the citizens of the EU member states may exercise on the spanish territory the
regulated profession for which they are qualified in their origin member state.
Regarding the recogniton procedure in Spain there may be synthetized the following:
Consists in the recognition of the qualifications in Spain obtained by the nationals of any EU
member state, the countries that are part of the European Economic Space (Iceland, Norway and
Liechtenstein), Switzerland and – when necessary – the citizens from third countries, that are also citizens
from any of the other mentioned above states (double citizenship), for the approval to exercise a profession
or activities regulated in Spain, with the same effects as if they would have obtained the qualification
corresponding to Spain. The official recognition gives the right to the interested party to become a member
of that professional associations and to practice the profession in the activities exclusively attributed for that
professional group.
The application must be addressed directly by the applicant to the Technical General Secretariat41
. It
has a standard form and must be accompanied by different supporting documents (both academic and
professional), certificates, accompanied by their official translation in Spanish language (by an authorized
translator, any Diplomatic Representative or Spanish Consulate or abroad by the diplomatic or consular
representative in Spain of the applicant citizenship country).
Performing temporary services regarding the professions for which there are professional
associations recognized in Spain
The Royal Decree 1665/1991 from 25 octomber, that regulates the general system of recognition of
the high education diplomas from the member states of the European Economic Community, defines the
regulated profession as being a group of professional activities for which the access, its exercise or one of the
ways of exercise directly or indirectly, needs a professional title and constitutes a profession in a member
state.
41 Paseo de la Castellana, 162 - 28071 Madrid
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In this category of regulated professions, this case of use centers on the related professions that
involve supplying a service in Spanish state, temporary or permanently, by the physical or legal persons or
nationals of a EU member state to fulfill the requests of Law 2/1974 from 13 February regarding the
professional associations. This legislative document stipulates which are the conditions to practice in Spain
the regulated professions that need the formal qualification and the accreditation of the applicant by the
spanish professional associations.
Supplying these services are, therefore, two requests:
- The applicant to have recognized diplomas.
- The applicant must be registered in the Professional Association in which he shall perform his
activity
Associated professions are characterized by a system of independent professional associations.
Common procedures for the professions for which there are professional associations
recognized in Spain
The first request of the associated professions impose to the services performer to have some proves
that officialy recognizes obtaining the knowledge to bring to the effective exercise the professional activities.
For a professional title obtained in a EU member state is necessary its homologation in Spain. But,
the need to define a system which promotes the free circulation of the professionists resulted in Directive
89/48/EEC, transposed in Spain by the Royal Decree 1665/1991, which regulates the general system of
qualifications recognitions in the sectorial directives field in EU for the harmonisation of training, to allow
the direct recognition of diplomas.
Thus, any professionist in a member state that intends to supply a service in Spain must have the
approval or the recognition of the professional qualifications, as a request of the professional body that he
must join. This goup of the qualifications recognition norms is applied only to nationals of EU.
3.4. Recognition of the town planner qualification in Czech Republic
The recognition of the professional qualifications and the list of necessary documents are regulated in
Czech Republic by law no. 18 from 2004. The same as in Romania, in Czech Republic there is an
information point for the recognition of the professional qualifications – Recognition Centre of the
Professional Qualifications similar to the National Centre of Recognition and Equivalence of Diplomas in
Romania [10].
The Centre offers information about the recognition of professional qualifications and regulations
applied in Czech Republic according to Directive 2005/36/CE. The centre coordinates the activities of the
recognition authorities and represents the Czech Republic at the European Commission. The contact data of
the Centre are: Ministry of Education, Youth and Sport, Centre for the Recognition of the Professional
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Qualifications, Department of „Education for adults”42
. The Centre administrates the data base that includes
the professions regulated and not regulated in Czech Republic. For each profession there are qualifications
requests, characteristic recognition commissions and legal regulations that govern the profession in Czech
Republic. The data base charcteristic to the type of profession also contains information regarding the
recogniton procedure (fig. 3) [6] and the application form for the recognition of a professional qualifications
[7] (translated in the appendix 1). Regarding the regulated professions the contact point may be rather
considered the Ministry of Industry and Commerce43
, due to the fact that it is relevant by the greatest number
o regulated professions in its administration.
Like in Romania the regulated professions are also recognized only by the relevant competent
authorities44
giving an application, accompanied by the afferent documents: application form in Czech
language, personal identification, document that certifies the nationality of the candidate, the prove of the
formal qualifications and the receipt that certifies the payment of the administrative tax of 2000 CZK [6].
The recognition authority shall examine if the application and attached documents contain all
necessary information to certify the qualifications and taking a decision. If necessary, the competent
authority shall ask the candidate additional information. Afte receiving the file the recognition commission
of qualifications is obliged, according to the stipulations of art. 24, paragraph 5 from law no. 18 from 2004,
to take a decision in at most 60 days. In complex cases, the authority may overcome this term but it is
nontheless bound to take a decision in a period of 90 days [3].
After examining the application given by the candidate, the competent authority must take a decision
that is according to one of the situations:
- professional qualification is recognized, or
- communicates to the national the compensatory methods, either as an internship period type, or a
capacity test that must be taken by the candidate, or
- the application for the recognition of the professional qualification is rejected
The compensatory measures apply by the recognition commission only if there are substantial
differences between the certificated competences of the applicant and the necessary ones to practice the
profession in Czech Republic.
During the internship period, the candidate performs the services regulated under the supervision of a
professional competent person. Another period of training might be part of this period. The duration of the
adaptation period can not exceed 3 years.
42
Karmelitská 7, 118 12 Prague 1, tel.: + 420 257 19 33 76, e-mail: [email protected], web:
www.msmt.cz 43 Contact data of the Ministry of Industry and Comerce are: Na Františku 32, 110 15 Praha 1, Tel.: + 420224851111, Fax: + 420224811089, E-mail:
[email protected], web: www.mpo.cz 44 There is also a possibility to ask the application at the Recognition Centre of the Professional Qualifications that redirect the request at relevant competent authority.
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The capacity test usually consists in a written part and an oral one. As a rule, it is given in Czech
language, in the presence of a recognition commission representative for that qualification, university or
other institution, taking into account the specialization of the national. The examination consists in the
verification of the candidate if he has the necessary knowledge and competences for the practice of the
profession, that haven’t been included in the previous training of the candidate (the examination costs
maximum 5000 CZK). The decisions taken by the authority commissions of recognition, may be contested in
term of 15 days from the decision announcement. The decisions that do not comply with may be also
attacked in court, by a civil action (art. 72 and art. 247 from law no. 150/2002) during 2 months time from
the decision sending by the valuation commission of the file.
NARIC CZ Centre45
, member of the EU ENIC Centre in 1997, gives information regarding the
qualifications for the high studies in Czech Republic and EU countries, this facilitates including the
recognition of the professional qualifications for the Czech citizens who went for work abroad.
The National Institute of Technical and Vocational Education46
(NUOV) is a consulting centre for
elementary and high education qualifications. At the request of the competent authorities, NUOV provides
expertise on the level of education received by a national or the content or purpose of education for the
required qualification, so that to exist the convinction that the national has the necessary competences to
practice the profession regulated in Czech Republic. NUOV cooperates with similar institutions abroad.
Practicing the town planner profession in Czech Republic with permanent status
The Document no. 360/1992 Coll. regarding the exercise of the profession by the accredited
architects and by the engineers and technicians certified in constructions field describes the requests that
must be fulfilled to set and practice the town planner profession in Czech Republic with permanent character.
3.5. Recognition of the town planner qualification in Austria
In Austria, although town planning is studied at the secondary university studies level at the
Geography Faculty from the University in Vienna and from the University of Applied Agricultural Sciences
in Vienna, even in this state the town planner profession is not an independent one, being generally practiced
by architects.
The architect profession is regulated in Austria. The Competent Authority is: Bundesministerium
für Wirtschaft, Familie und Jugend – Federal Ministry of Economy, Family and Youth47
.
Recognition of the architect profession for the citizens of EU states, EEA and Switzerland
45 Contact data: Centre for high Studies / Centre for the Equivalente of the Documents about Education – ENIC/NARIC, Udvou srpů 2024/2, 15000 Praha 5, Tel.: + 420257011335, Fax: + 420257531672, e-mail: [email protected], web: www.naric.cz. 46 Contact data: National Institute of Technical and Vocational Education, Weilova 1271/6, 102 00 Praha 10, Tel.: + 420 274 862 251 – 6, Fax: + 420
274 863 380, E-mail. [email protected], web: www.nuov.cz. 47
Contact data: Stubenring 1, Abteilung I/, 31010 Wien, Phone: +43-1 71100, Fax: +43-17142718, E-mail: [email protected], URL:
www.bmwa.gv.at.
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An architect citizen of an EU state, EEA or Switzerland may apply to practice the profession in
Austria. The accreditation is done by the Federal Ministry of Economy, Family and Youth.
The requests of the application: nationality prove, prove of the right to practice the architect
profession in the origin country, prove of good conduct, financial solvency and non-violation of the
professional ethics code issued by the competent authority in the origin country.
Professional organizations at the lands level are:
Chamber of architects and chartered engineering consultants for Vienna, lower Austria and
Burgenland48
Chamber of architects and chartered engineering consultants for Styria and Carinthia49
Chamber of architects and chartered engineering consultants for Upper Austria and Salzburg50
Chamber of architects and chartered engineering consultants for Tirol and Vorarlberg51
.
3.6. Recognition of town planner qualifiction in Great Britain
In Great Britain, the access of the regulated professions that beneficiate of an automatic recognition
of the profesional qualifications obtained in the other member states of European Union is done according to
the provisions of Directive 2005/36/CE.
Temporary services supply in a regulated field
To perform services for a limited period of time in a regulated field in Great Britain is necessary that
the persons to usually perform their activity on the territory of another member state of European Union, to
have a qualification that allows him to exercise the regulated profession in the origin state and to not being
forbidden this right by the authorities of this state.
The temporary supply of the services is possible after notifying the competent authority in Great
Britain. In some situations may be necessary to present some documents regarding the exercise of the
profession in the origin state, by taking a capacity test or by performing a short time adaptation period.
During the performance of the services it is compulsory to use the professional title existing in Great
Britain and to comply with the professional regulations imposed by the competent professional authority.
3.7. Recognition of the town planner qualification in Denmark
The town planniner profession does not exist in Denmark, and the town planning activities are
performed by the architects. The architect profession is not regulated in Denmark.
It is followed the procedure for the recognition of the qualification, by seding the applicatin at the
Danish Agency for Universities and Internationalisation. In addition, it is necessary an authorization or a
48 Kadam 9, 1040 Vienna, T 01/505 17 81/0 49 Schönaugasse 7, 8011 Graz, T. 0316/82 63 44/0 50 Kaarstraße 2 / III, 4040 Linz, T. 0732/73 83 94/0 51 Rennweg 1, 6020 Innsbruck, T. 0512/58 83 35
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similar recognition from the danish competent authority. For temporary performance of services on the
Danish territory, the EU/EEA citizens must send only a statement.
Professional recognition for the EU citizens, Iceland, Norway, Lichtenstein and Switzerland. If
the applicant is a citizen of these states, and completely graduated the studies in one of these states and has
the right to practice the profession in that state, has the right to practice in Denmark for free, because the
architect profession is not regulated.
The architect may register in the Architects Association in Denmark. As the profession is not
regulated, the Architects Association may issue a certificate of Member Architect of the Architects
Association (MAA), identical to the one of the danish architects members of the association. But this
certificate doesn’t give the owner any additional rights, because the Architects Association is not a
competent authority, but a simple professional association. The registration in the Architects association is
not compulsory.
The architect supplies the service under the professional title in the origin title. The Danish title
may be used only if the applicant’s professional qualification has been verified in Denmark.
3.8. Recognition of the town planner qualification in Netherland
The Foundation for Cooperation in Vocational Education field, Training and Labor Market52
, and
the Dutch Organization for International Cooperation in Superior Education53
are the recognition dutch
centres for the qualifications obtained in other states, according to the type of qualification: NUFFIC (in
Hague), for the recognition of the superior education diplomas and the diplomas in the general pre-
universitary education, and S-BB (in Zoetermeer), for the recognition of the qualifications obtained in EFP
system. All information necessary to get the recognition of a qualification obtained ouside Netherland may
be obtained on the site http://www.idw.nl/start.html. If one wishes to practice a profession regulated in
Netherland, the first step would be the verification on the Professionalrecognition.nl site for the profession
framing aimed in among the regulated ones or not, if the profession is regulated, also the identification of
the organization that plays the role of CA and manages the recognition process.
From the point of view of the access to exercise it, in Netherland the professions may be classified
in the same two great categories: regulated professions and not regulated professions. Regarding the not
regulated professions, to legally exercise that profession is not necessary to get the recognition of the
professional qualification from a competent authority in Netherland if the professional title has been
obtained in another member state.
52
Foundation for Cooperation on Vocational Education, Training and the Labour Market (S-BB) 53
NUFFIC - Netherlands Organization for International Cooperation in Higher Education (in Hague)
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Nuffic plays also the role of NARIC in Netherland, because it ensures the assistance both to
applicants for the recognition of qualifications in superior education (workers, employees), and to the
competent authorities for the regulated professions, as well as information regarding the provisions of
Directive 2005/36/EEC with respect to the recognition of qualifications in the superior education.
The recognition of the qualifications is done in a separate department of S-BB, which is financed by
the Ministry of Education from a special fund.
Normally, a recognition process may take up to maximum 4 months.
3.9. Recognition of the town planer qualification in Germany
The recognition of qualifications for the foreigners in Germany is done differentiated for the access
to studies and for the exercise of the profession.
EU Directive regarding the recognition of the professional qualifications entered into force in 2005.
It provides that member states of EU mutually recognize the professional qualifications as being equivalent
and guarantees the free mutual access of the citizens that practice of this profession on the internal labor
market. EU Directive regarding the recognition of professional qualifications (2005/36/CE) regulates (in
conjunction wiht the Directive 2006/100/CE) the professional recognition of the regulated professions. It
applies to all citizens of a member state of European Union (EU), in other countries of the European
Economic Space (EES) and Switzerland, who got the qualifications in a member state and that guarantees
them the access to the same profession in the same conditions as the nationals. The Directive regarding the
recognition of the professional qualifications entered into force on the 20 October 2005 and had to be
transposed in the national legislation by the member states in term of two years. In Germany, the directive
has been transposed in the national legislation and in the special professional regulations.
For the recognition of the professional qualifications obtained abroad was not untill 2012 it was
adopted in Germany “the Act of Recognition”, named also by the Law for the improvement of the
valuation/analysis and recognition of the foreign professional qualifications"13
; it regulates the recognition of
foreign qualifications for the professions for which federal government is responsible for. The Recognition
Law combines a new federal act, the Law of determining the professional qualifications - BQFG (BMBF
responsibility), with amendments brought to the existing legislation an to the professional regulations
(governmental departments that are responsible in that fields). The Law regarding the valuation and the
recognition of professional qualifications (BQFG – Article 1 from the Recognition Law) is a federal law in the
new sphere of competence of the Federal Ministry of Education and Research. It is the basic legislation for the
recognition of professional qualifications in Germany, that provides the valuations procedures and criteria for
the equivalence of the foreign professional qualifications with the ones of the german reference profession,
that supports the integration of the skilled immigrants and of the skilled foreign workes on the labor market in
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Germany. Starting with the 1 April 2012, the possibility to have foreign professional qualifications
recognized in Germany improved significantly.
The Act given by the Federal Government for the recognition of diplomas introduces the legal right
to have qualifications obtained abroad valuated in comparison with the equivalent in Germany, thus improving
the opportunities for the physical persons that have obtained professional qualifications abroad to practice the
learned professions, in Germany. This act includes the existing procedures, simplified and improved for the
valuation of foreign vocational qualifications that are the responsibility of the Federal Government. But this
act does not regulate those professions for which the lands are responsible for.
In this context, the recognition of the town planner profession in Germany is regulated by the lands
legislations.
The application for the professional recognition is within the scope of the relevant professional
chambers in the 16 lands.
IV. Exercise of the town planner profession in the European Union
In Romania54
the town planner exercises his signature right by signing the documentations for the
landscaping of the land and town planning by puting a stamp.
The landscaping of lands and town planning documentations are signed as follows: a) on the title
page, on all the written works; and b) on all drawn works stipulated as compulsory by the regulations
regarding the frame content of the documentations.
Exercising the signature right is followed by the Town plannes Register in Romania by the fee
payment registration.
In Romania, the signature right may be exercised in the individual offices, associated offices, design
companies or other types of association found according to law. The legal persons that have no town planner
in their personnel staff ones with signature right are obliged that, when giving for elaborations of the
documentations for the landscaping and town planning, to use by contracts the services of a town planner
with the signature right, in capacity of coordinator, for that category of documentations. In this situation
there must be cumulatively fulfilled the following conditions: a) the specialist with the signature right must
be an employee with a labor individual contract at that elaborating entity; b) the elaborating entity must have
as a main object of activity the „Architecture activities, engineering and technical counseling services related
to it”, according to the classification of the activities from the national economy — CAEN.
For the exercise of his profession the town planner must comply with the obligations of the town
planner specialist with the signature right stipulated at art. 41 from the Decision 101 of the Superior Council
54
Decision 101 of the Superior Council of the Town planners Register in Romania, for the approval of the Regulation regarding the signature right
obtaining for the landscaping and town planning documentations and of the Regulation regarding the organization and operation of the Town planners Register in Romania, Official Gazette of Romania, I Part, no. 577/ 13.VIII.2010, pag. 7-25
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of the Town planners Registers in Romania, for the approval of the Regulation regarding the signature right
obtaining for the landscaping and town planning documentations and of the Regulation regarding the
organization and operation of Town planners Register in Romania55
.
In Italy the certified town planner must register in the professional association in the province he
wishes to exercise his profession and to comply with the rules and the characteristic code of conduct.
The Code of Occupations in Italy provides that: at 2.2.2.1.1. chapter Architects – the following
occupations: architect, interior designer, interior architect, constructor architect, naval architect: at 2.2.2.1.2.
chapiter Planners, landscapers, specialist in conservation planning – the following occupations: architect
designer of facilities and services of compatible environment, conservator for the architectural and ambient
goods, expert in enviomental management and recovery planning, landscaper, territory planner, town
planner.
In Spain, the profession of town planner is not regulated, presently being a specialization of master
level for the architect, the exercise of the profession shall be subject to the rules that apply to the architects.
Architects that perform the activities characteristic to town planner are obligated for the efficient
development of their activities to be registered at the Architects College, both those who wish to establish in
Spain and those who wish to perform professional services.
The professional practice still take place in conditions of free competition and according to Law
regarding the protection of competition and Law of unfair competition, regarding the supply of services and
establishing their remuneration. Other aspects of the professional practice are regulated by the norms
established by the Architects College the applicant belongs to.
The national classification of occupations in Spain includes in architecture field the following
occupations, grouped in the category with the code 248 – technical architects, topographers and designers:
code - 2481 technical architects and town planning tehnical designers, code 2482 – designers and clothing
products, code 2483 – technical engineers in topography, code 2484 – graphic and multimedia designers.
In Czech Republic the town planning activity is exclusively one that belongs to the state,
coordinated by the Resort ministry. In this state there is no town planner professional title, instead the
architect has skills in town planning – planning and lands use. Therefore, the professional accreditation and
recognition follow the steps characteristic to the architect profession.
In Austria, though town planning is studied at the level of secondary university studies in
Geography Faculty from the University in Vienna and at the Applied Agricultual Sciences University in
Vienna, even in this state the town planner profession is not an independent one, being generally practiced by
architects.
55
Decision 101 of the Superior Concil from the Town planners Register in Romania, for the approval of the Regulation to get the signature right for
the landscaping and town planning documentations and of the Regulation regarding the organization and operation of the Town planners Register in Romania, Official Gazette of Romania, I Part, no. 577/ 13.VIII.2010, pag. 15.
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The town planner profession is regulated in Great Britain, and the competent authority is the
Royal Town Planning Institute56
.
In Denmark there is no town planner profession. The town planning activities are usually performed
by architects. Even the architect profession is not regulated in Denmark, reason for which there is no
competent authority in this field.
In Netherland the town planner profession57
is not regulated. The town planner title is protected, but
the town planning activities and services are not reserved to the owners of this title. In this state the
legislation centers on the construction and buildings sites. The professionists who operate in constructions
field are not imposed regulations, or they are extemely vague. Performance of constructions activities is
opened to any operator, but the constructions projects are analyzed in detail by the local authorities.
The town planners profession in Germany is regulated by the lands legislation. The profession of
town planner58
is regulated in most of the lands, with two exceptions: in the Hesse land and in the North
Rhine land – Westphalia the town planner title is protected, but the profession is not regulated. According to
the legislation that regulates the town planner profession, the town planner title is protected. The title is
granted both to the architects and to the town planners, after the registration in the architects and town
planners register, managed by the chamber of architects in that land.
The comparative analysis of the activities reserved to the town planner profession in EU states
A study done in 2012 by the Centre for Strategy and Valuation Services in Great Britain59
makes a
legal inventory of the activities reserved for the professions regulated in constructions field, the economic
and tourism services in the 13 EU member states. Thus, in constructions field, a part of the activities are
reserved exclusively to the town planners, and other activities are performed both by the town planners and
by the architects and/or engineers. But, the exclusive and divided activities type differ from a country to
another. Therefore, in the 13 member states analyzed in this study, have been identified 22 reserved
activities performed by the town planners, and from these 10 are exclusive and 12 are divided with other
professions. We present below in Table60
3, a synthesis with the number of reserved activities exclusive
and divided performed by the town planners in the states included in our study: Italy, Germany, Spain,
Netherland, Great Britain, Denmark and Czech Republic.
56
41 Botolph Lane, London, United Kingdom, EC3R 8DL, tel. +44 0207 929 9494, fax +44 0207 929 9490, http://www.rtpi.org.uk 57
Stedenbouwkundige 58
Stadtplaner 59 Study to provide an Inventory of Reserves of Activities linked to professional qualifications requirements in 13 EU Member States & assessing their economic impact, Final Report 2012, Centre for Strategy & Evaluation Services, for the European Commission’s DG Internal Market and Services
(DG MARKT), 2012. 60
Extract from: Study to provide an Inventory of Reserves of Activities linked to professional qualifications requirements in 13 EU Member States &
assessing their economic impact, Final Report 2012, Centre for Strategy & Evaluation Services, for the European Commission’s DG Internal Market and Services (DG MARKT), pp. 28, 2012.
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EU
member state
Exclusive
activities
Divided
activities
Total
activities
Czech Republic 2 0 2
Germany 2 0 2
Denmark 2 0 2
Spain 0 2 2
Italy 0 2 2
Netherland 0 0 0
Great Britain 0 0 0
Table 3: Number of reserved activities exclusive and divided performed by the town planners in Italy, Germany, Spain, Netherland,
Great Britain, Denmark and Czech Republic
We easily can notice the fact that the town planners have a significant number of reserved activities,
but only a small part of them are exclusive, most of them being divided with other professions. We
hereinafter present in Table61
4 a detailed synthesis of the reserved activities per each category of tasks.
Type of reserved activity
Category of tasks
Exclusive Divided Total
reserved activities
Cadastre 5 4 9
Topographic determination / demarcation 5 5 10
Feasibility studies 0 1 1
Planning and design 0 0 0
Applications for constructions permits / constructions licences 0 0 0
Supervision and monitoring of constructions activities 0 1 1
Technical control and certification 0 0 0
Urban and landscape planning 0 1 1
Interior design 0 0 0
Total 10 12 22
Table 4: Detailed synthesis of the reserved activities per each category of tasks
61
Extractfrom: Study to provide an Inventory of Reserves of Activities linked to professional qualifications requirements in 13 EU Member States &
assessing their economic impact, Final Report 2012, Centre for Strategy & Evaluation Services, for the European Commission’s DG Internal Market and Services (DG MARKT), pp. 28, 2012.
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V. Conclusions
The town planner profession is regulated in three of the eight member states of European Union that
were studied: Italy, Germany and Great Britain. There is a particular case in Germany, where the town
planner profession is regulated in 14 lands, and it is not regulated in the other two: the Hesse land and North
Rhine land - Westphalia. In these two lands the town planner title is protected, but the profession is not
regulated.
Between these countries and Romania, the free circulation and the mutual recognition of the town
planner title is done according to the principle of general recognition of the qualification titles, according to
the coordination of the minimum conditions of professional training.
There are significant differences between EU member states regarding what tasks may be fulfilled by
the town planners and if the internal market is regulated by a booking of the activities, a booking of the
professional title, or an opened mechanism.
In four of the countries studied (Spain, Czech Republic, Austria and Denmark) there is no town
planner title, the activities of town planning being performed by the architects.
In Netherland the town planner title is protected, but the activities and town planning services are not
booked for the owners of this title, the legislation being centered on the construction sites and on the
buildings. Profesionists that operate in constructions field are not imposed regulations, or they are extremly
vague. The performance of the constructions activities is opened to any operator, but the construction
projects are given to be analyzed and approved by the local authorities.
From the point of view of town planner profession exercise, in the member states analyzed in which
the profession is regulated (Italy, Germany, Great Britain and Romania) the activities in town planning field
are exercised by persons that have the official town planner qualification title.
It is an altered image in different analyzed countries regarding the demarcation of the activities
reserved to town planners. They have a significat number of reserved activities, but only a small part of them
are exclusive, most part of them being divided with other professions. Thus, the activities related to cadastral
and topographic determination are usually reserved to town planners, in countries in which the profession is
regulated or the title is booked. In exchange, the activities related to the town and landscape planning, the
feasibility studies, the supervision and monitoring of constructions activities are usually divided with the
architects.
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