The Declaration on temporal or occasional provision of services is based on Title VIII of Act 18/2004 coll., when the provider shall submit to competent recognition authority (see Database of regulated professions), together with all necessary documents (according to §36a par. 4, or section Provision of services – declaration) this declaration in order to be entitled to provide services for 12 months in the Czech Republic. The declaration is renewable, therefore it is recommended to keep a copy. It is also possible to submit the declaration via European professional card (see section What is Evropean Profession Card?). In case of submitting the declaration via European professional card the declaration is valid for 18 months.
The Authorization of provision of services shall not exist in the respective area, if the declaration shall not meet the requirements set by the Administrative procedure act (Section 37) or if all necessary documents shall not be attached. If such requirements are not fulfilled, the provision of services is unauthorized and the applicant must be informed about this consequence. Unauthorized provision of services is sanctioned according the Recognition of professional qualification Act. However, Section 36a allows the applicant to recognize his/her qualifications in the Czech Republic according Sections 6-18 of the Act.
What is Prior Check? Is the competent authority entitled to check my qualification before the first provision of services?
Act 18/2004 Sb. §36b (respectivelly the Art. 7.4 of the Directive 2005/36/EC )introduces the prior check of qualification,. According to the Directive the prior check of qualification is possible when the pursuit of professions has consequences for public health and security and at the same time does not fall within the scope of automatic recognition. §36b of Act 18/2004 sets that the competent authority may check the qualification only if special legislation says so. If the professional qualification of the respective applicant was previously recognized or checked, the request for the check may not be raised. This is not applicable if conditions for pursuit of the profession has been made stricter.
The decision of competent authority on prior check of qualification may be
- positive
- negative
- Recognition authority imposes compensation measure in form of aptitude test or enables the applicant to prove theoretical and practical knowledge differently. Compensation measure shall be exercised up to 20 days from delivery of decision.
What if the regulated profession in the Czech Republic is NOT regulated in my home country?
If the applicant had pursued the profession in last 10 years at least for 1 year and is qualified in his/her home country, the recognition of qualification should be aproved. In case there are a lot of differences the competent authority may impose a compensation measure.
You can verify whether the profession is regulated or not in the European Database of Regulated Professions.
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