Industry - Regulations No. 495/2001 respecting Recognition of Work and Vocation Training in Industry in Another EEA State

TRANSLATED FROM THE ICELANDIC

On the basis of a decision by the Joint EEA-Committee No. 88/2000 of 27 October 2000 the following EC act, to the extent to which it extends to work in industry, shall acquire validity in this Country with the amendments and appendices resulting from Annex VII to the EEA Agreement on Mutual Recognition of Professional and Qualifications, Protocol 1 on Horizontal Adaptations of EFTA/EEA States to the Agreement and other provisions thereof, cf. Act No. 2/1993 on the European Economic Area with subsequent amendments:

The aforementioned decision means that the EC act is adopted as a new point, being point 1b, in Annex VII to the EEA Agreement. The provisions of the act do, on the basis of Protocol 1, extend to all EEA States, despite the fact that the wording of the act as such be less extensive.

Alternative provisions of the Industrial Act to those contained in Art. 2 of the Act notwithstanding, citizens or legal persons of States parties to the Agreement on the European Economic Area are entitled to work in industry in this Country on the basis of Iceland's undertakings in accordance with the aforementioned EC (EEA) act containing recognition of work and vocational training in industry in another EEA State. The right to work does not contain authority to call oneself Master or Journeyman without further specification. Neither does the right contain the authority which Masters hold to be Managers of an authorized branch of industry, accept apprentices or discharge duties requiring special authorization, unless this be contained in each individual instance in Iceland's undertakings in accordance with the EEA Agreement. Competent authorities, i.a. the Ministry of Culture and Education, may decide as to whether such authority shall be considered to be at hand in this Country by means of comparison with the authority of parties in the EEA States concerned, but the decision of Courts of Law may be sought.

There shall be presented before Chiefs of Police in this Country evidence of work and vocational training in another EEA State in conformity with the acts concerned. It may be requested that documentation of a foreign authority have regard for an approved description of the branch of industry concerned in this Country, but that description may be given by the Ministry of Culture and Education. Chiefs of Police shall confirm the adequacy of documentation concerning the work and the vocational training after the association of tradesmen concerned, i.e. the National Federations of Masters and Journeymen in a trade and a local association, if any, have been afforded an opportunity of rendering their opinion. Respite for so doing shall be brief and generally no longer than two weeks. Depending on circumstances the opinion of other parties may be sought, e.g. The Reykjavik Council of Crafts.
The following shall at least be revealed in a confirmation:- Recognition in accordance with Art. 2 of the Industrial Act of the right to work in this Country in ……….(branch of industry), the name and Identity No. of the holder of rights, place of issue, date of issue and name of office. Recognition may be made subject to conditions, i.a. limitation of time, if this is deemed necessary on account of further study, or the making of reservation concerning revision due to fresh information.
Chiefs of Police or, as the case may be, other competent authorities, shall give those seeking professional rights in another EEA State on the basis of the aforementioned EC act the stipulated certificates concerning the branch of industry in which the party concerned has worked and for how long. When certificates are issued an endeavour shall be made to have regard for an approved description of the branch of industry in the EEA State in which work is intended.

Chiefs of Police supervise the implementation of the present Regulation. Disputes concerning rights may be referred to the Minister of Industry and the decision of Courts of Law may furthermore be sought.

The present Regulation being issued according to authority contained in Art. 2 of the Industrial Act No. 42/1978, as amended by Act No. 40/1997, enters into force forthwith.
At the time the present Regulation enters into force there will be repealed Regulation No. 367/1997 Respecting Recognition of Work and Vocational Training in Industry in Another EEA State and Regulation No. 302/1999 respecting Amendments thereto. Thereby there are repealed in this Country six Directives which are mentioned in paragraphs 31, 32, 35, 36, 46 and 47 of Annex VII to the EEA Agreement, i.e. Council Directives 64/427/ECE, 64/429/ECE, 68/365/ECE, 68/366/ECE, 75/368/ECE and 82/489/ECE.
The provisions of the EC act currently extend to more branches of industry than according to previous acts. The conditions of individual branches remain unchanged and are based as previously on 6 - 8 years of work and vocational training. As it pertains to the conditions special reference is made to Title III of the act (Recognition of professional qualifications on the basis of professional experience acquired in another Member State) and then specifically to subpara. 1, Art. 4 (branches of industry in general) and subpara. 3 of the Article on List III (hairdressing), cf. also listing of branches of industry in Lists I and III of the Annex to the act.
The decision by the Joint EEA Committee and the EC act, which contain an amendment of Annex VII to the EEA Agreement and relate to mutual recognition of professional qualifications in industry in another EEA State, are published as Appendices to the present Regulation. The decision has been published previously in the EEA Supplement to the Official Journal of the European Communities, No. 2, vol. 8 (11.1.2001), pp. 4 - 5.