official translation REPUBLIC OF LITHUANIA LAW ON the RECOGNITION of REGULATED PROFESSIONAL QUALIFICATIONs 3 April 2008 No X-1478 Vilnius TITLE I GENERAL PROVISIONS Article 1. Purpose of the Law 1. This Law shall establish the principles and mechanisms for the recognition of professional qualifications of nationals of Member States of the European Union (hereinafter referred to as the EU), nationals of countries of the European Economic Area (hereinafter referred to as the EEA) and nationals of the Swiss Confederation obtained in the EU, EEA and Swiss Confederation, and administrative cooperation, shall safeguard that persons who obtained professional qualifications in another Member State shall have the same rights as nationals of the Republic of Lithuania to pursue, on either a self-employed or employed basis, a regulated profession  in the Republic of Lithuania . 2. This Law shall not hinder the recognition of professional qualifications of third country nationals obtained outside the EU, EEA and Swiss Confederation by the Republic of Lithuania in accordance with the procedure laid down by other legal acts.  When recognising professional qualifications, the minimum training conditions for the respective professions must be complied with in all cases.  3. The provisions of this Law shall be in compliance with the EU legal acts listed in Annex 8 to this Law. Article 2. The Scope 1. This Law shall apply to legal relations pertaining to the recognition of regulated professional qualifications to the extent they are not regulated by special legislation of the Republic of Lithuania adopted when implementing the EU legal acts directly related to the recognition of professional qualifications, other than listed in Annex 8 to this Law. 2. This Law shall apply to all nationals of the Member States seeking to pursue, on either an employed or self-employed basis, a regulated profession in the Republic of Lithuania. 3. This Law shall also apply to all nationals of the Member States seeking to pursue the liberal professions. 4. The provisions of this Law shall not apply when the recognition of regulated professional qualifications is directly regulated by the EU legal acts.   5. This Law shall not regulate decisions on the recognition of qualifications in other Member States.  Persons whose professional qualifications have been recognised in the Member State that issued the qualifications or the Member State that awarded the professional qualifications may not use such recognition with a view to acquire, in their Member State, rights other than those granted upon obtaining the qualifications in that Member State, except in cases where evidence is provided that additional professional qualifications have been obtained in another Member State.  Article 3. Definitions 1. Principal of automatic recognition of professional qualifications means a principle where professional qualifications are automatically recognised to a person with an education level corresponding to the minimum training conditions, ensuring the proper qualifications.  2. Common criteria for compensating for differences in professional qualifications (common platforms) mean a set of certain criteria based on which substantial differences in certain professional qualifications, determined by discrepancies in the training conditions for certain professional qualifications in different Member States, are compensated for.  These substantial differences shall be established by comparing the duration and content of the training in at least two thirds of the Member States regulating the profession.  The differences in the content of the training may arise from the substantial differences in professional fields of activity.  Proposals on the common criteria for compensating for differences in professional qualifications may be submitted to the European Commission by a competent authority or a professional association or organisation registered in the Republic of Lithuania representing persons of a particular profession on the national and European level. 3. Evidence of formal qualifications means diplomas, certificates and other documents: 1) issued by competent authorities designated pursuant to laws, regulations and administrative provisions and certifying the obtaining of professional qualifications and successful completion of professional training, obtained mainly in the Member States, or 2) issued by third country authorities and recognised in the Member States, if the holder thereof has three years’ professional experience in the profession concerned in the Member State and if the professional experience is recognised in the Member State.  4. Manager of an undertaking means any person who is performing the duties of: 1) a manager of an undertaking or manager of a branch of an undertaking; or 2) a deputy to the proprietor or the manager of an undertaking or a branch of an undertaking where that post involves responsibility equivalent to that of the proprietor or manager represented; or 3) a manager with duties of a commercial and/or technical nature and with responsibility for one or more departments of the undertaking. 5. Home Member State means a Member State in which professional qualifications were obtained and which allows the holder of the said qualifications to pursue the profession on either an employed or self-employed basis.  6. Competent authority means an authority or institution of the Republic of Lithuania authorised in accordance with the procedure laid down by legal acts to issue or receive evidence of formal qualifications and other documents or information and to receive the applications referred to in this Law, and take the decisions regarding the applications or issues related to the recognition of professional qualifications within the scope of its competence. 7. Liberal profession means a profession practised on the basis of relevant professional qualifications in a personal, responsible and professionally independent capacity by persons providing intellectual services to the clients and the public. 8. National council for the recognition of regulated professional qualifications means an advisory body to the coordinator of the recognition of professional qualifications. 9. Professional qualification means qualification attested by evidence of formal qualifications, an attestation of competence referred to in subparagraph 1 of paragraph 2 of Article 11 of this Law and/or professional experience.  10. Professional experience means a person’s actual and lawful pursuit of the profession concerned on either an employed or self-employed basis or engagement in a professional activity in a Member State.  The professional experience shall be certified by a relevant document issued by the competent authority. 11. Adaptation period means a period of supervised practice during which a person pursues a regulated professional activity on the territory of the Republic of Lithuania and is under the responsibility of a qualified member of that profession.  The adaptation period may be accompanied by further training. 12. Aptitude test means a test of professional knowledge of a person made by the competent authorities of the Republic of Lithuania with the aim of assessing the ability of the person to pursue a regulated profession in the Republic of Lithuania. 13. Professional title means a title awarded to a person possessing certain qualifications and used to pursue a professional activity or to certify membership of a professional association. Obtaining of some professional titles shall be further regulated.  14. Committee for the recognition of professional qualifications means a committee consisting of representatives of the Member States headed by a representative of the European Commission.  15. Coordinator of the recognition of professional qualifications means a civil servant appointed by the Government of the Republic of Lithuania or an institution authorised by it. 16. Regulated profession means a professional activity or group of professional activities, the pursuit of which (or one of the modes of pursuit of which) is subject, directly or indirectly, by virtue of laws, regulations and administrative provisions, to the possession of specific professional qualifications.  The use of a professional title, limited by laws, regulations and administrative provisions to holders of a given professional qualification, shall also constitute a mode of pursuit as well as membership of the associations and organisations listed in Annex 1 to this Law.   17. Regulated education and training means any training which is specifically geared to the pursuit of a given profession and which comprises a course (courses) and complemented, where appropriate, by professional training, traineeship or professional practice.  The structure and level of professional training, traineeship or professional practice shall be established by laws, regulations and administrative provisions of the respective Member State or monitored and approved by an authority assigned for that purpose. 18. Member State means any state member of the European Union, country of the European Economic Area (Iceland, Liechtenstein, Norway) or the Swiss Confederation.  Article 4. Effects of Recognition 1. Upon the recognition of professional qualifications by the Republic of Lithuania, a person may pursue in the Republic of Lithuania, on either an employed or self-employed basis, the same profession as that for which he is qualified in the home Member State.  2. A person may pursue, on either an employed or self-employed basis, a profession in the Republic of Lithuania under the same conditions as nationals of the Republic of Lithuania.  3. The profession which a person is seeking to pursue, on either an employed or self-employed basis, in the Republic of Lithuania shall be the same as that for which he is qualified in the home Member State if the activities covered are comparable.  TITLE II RECOGNITION OF QUALIFICATIONS FOR THE PURPOSE OF THE PROVISION OF SERVICES Article 5. Principle of the Free Provision of Services 1. Without prejudice to Articles 6 and 7 of this Law, a service provider shall not be restricted to pursue the same profession in the Republic of Lithuania if the service provider is legally established in a Member State (hereinafter referred to as the Member State of establishment). 2. The provisions of Title II of this Law shall only apply where the service provider moves to the territory of the Republic of Lithuania to pursue a given profession on a temporary or occasional basis.  3. The temporary or occasional nature of the provision of services shall be assessed case by case, in relation to its duration, its frequency, its regularity and its continuity, by competent authorities.   4. Where a service provider moves to the territory of the Republic of Lithuania and complies with the requirement set forth in paragraph 1 of this Article, he shall not be restricted to pursue the same profession that he has pursued in the Member State of establishment for at least two years during the last 10 years, if the profession in that Member State is not regulated.  This provision shall not apply when either the profession or the education and training leading to the profession is regulated in the Member State of establishment. 5. Where service providers move to the territory of the Republic of Lithuania, they shall be subject to the same rules of a professional, statutory or administrative nature regulating professional qualifications (such as the definition of the profession, the use of titles, serious professional malpractice which is directly and specifically linked to consumer protection and safety, as well as disciplinary liability) which are applicable to persons who, on a regular basis, pursue the same profession in the Republic of Lithuania. Article 6. Exemptions from the Free Provision of Services Having proved the lawful establishment in the Member State, a service provider shall be exempt from: 1) membership of or registration with a professional organisation or body, where it is compulsory for persons seeking to pursue the same profession in the Republic of Lithuania.  A competent authority according to paragraph 5 of Article 5 of this Law may establish requirements for certain professions or groups thereof either for automatic temporary registration with or for pro forma membership of such a professional organisation or body.  Such registration or membership requirement may not delay or complicate in any way the provision of services and entail any additional costs for the service provider.  The competent authority shall send to the relevant professional organisation or body a copy of the declaration referred to in paragraph 1 of Article 7 of this Law and, where applicable, a copy of the renewal referred to in paragraph 2 of Article 7 of this Law for professions which have implications for public health and safety referred to in paragraph 8 of Article 7 of this Law or where the evidence of the qualifications is automatically recognised under Chapter III of Title III of this Law, copies of the documents referred to in paragraph 4 of Article 7 of this Law and this shall constitute automatic temporary registration or pro forma membership. 2) registration with a public social security body for the purpose of settling accounts with an insurer relating to activities pursued for the benefit of insured persons. The service provider must inform in advance or, in an urgent case, afterwards, the body referred to in this subparagraph of the services that he has provided. Article 7. Declaration to Be Made in Advance, if the Service Provider Moves 1. Where the service provider first moves from one Member State to the territory of the Republic of Lithuania in order to provide services, he shall, in advance, submit to the competent authority a written declaration specifying the details of any insurance cover or other means of personal or collective protection with regard to professional liability.  2. Such declaration shall be renewed once a year if the service provider intends to provide temporary or occasional services during that year.   3. The service provider may submit the declaration by any means. The form of the declaration shall be approved by a competent authority, having co-ordinated it with the body which has appointed the coordinator of the recognition of professional qualifications. 4. For the first provision of services or if there is a material change in the situation substantiated by the documents, the declaration must be accompanied by the following documents: 1) proof of the nationality of the service provider; 2) an attestation certifying that the holder is legally established in a Member State for the purpose of pursuing the activities concerned and that he is not prohibited from practising, even temporarily; 3) evidence of professional qualifications; 4) for cases referred to in paragraph 4 of Article 5 of this Law, any documents proving that the service provider has pursued the activity concerned for at least two years during the previous ten years; 5) for professionals in the security sector, evidence of no criminal convictions, where it is mandatory for nationals of the Republic of Lithuania. 5. The service shall be provided in the Republic of Lithuania under the professional title of the Member State of establishment, in so far as such a title exists in that Member State for the professional activity in question, in such a way as to avoid any confusion with the professional title of the Republic of Lithuania.  6. The professional title shall be indicated in the official language or one of the official languages of the Member State of establishment.  Where no such professional title exists in the Member State of establishment, the service provider shall indicate his formal qualification in the official language of the Member State of establishment.  By way of exception, the service may be provided under the professional title of the Republic of Lithuania for cases referred to in Chapter III of Title III.  7. For the first provision of services, in the case of a profession having public health or safety implications, which are not automatically recognised, the competent authority may check the professional qualifications of the service provider prior to the first provision of services.  Such a prior check shall be necessary only where the purpose of the check is to avoid possible serious damage to the health or safety of the service recipient due to a lack of professional qualification of the service provider.  The extent of the check may not go beyond what is necessary for achieving the purpose specified in this paragraph. 8. The competent authority shall inform the service provider of its decision to verify his qualifications within one month of receipt of the declaration and accompanying documents.  Where there are difficulties which may result in delay, the competent authority shall notify the service provider within one month of receipt of the declaration and accompanying documents of the reason for the delay and the timescale for a decision, which must be taken within two months of receipt of all the documents. 9. Where the competent authority establishes a substantial difference between the professional qualifications of the service provider and the training requirements in the Republic of Lithuania to the extent that the difference is such as to be harmful to public health or safety, the service provider shall be given the opportunity to prove that he has acquired the knowledge or competence lacking.  Priority shall be given to an aptitude test.  The provision of the service may commence within one month of taking the decision not to check the qualifications, specified in paragraph 8 of this Article, or the decision to allow the provision of services.  10. In the absence of a decision of the competent authority or notification of the difficulties resulting in delay within the time limits specified in paragraphs 8 and 9 of this Article, the provision of the service may commence. 11. In cases where qualifications have been verified in accordance with the provisions of paragraphs 7- 9 of this Article, the service shall be provided under the professional title of the Republic of Lithuania. Article 8. Administrative Cooperation 1. The competent authority may ask the competent authorities of the Member State of establishment, for each provision of services, to provide any information relevant to the legality of the service provider’s establishment and appropriateness of the activity as well as the absence of any disciplinary or criminal sanctions of a professional nature.  2. The competent authority of the Republic of Lithuania, at the request of the competent authority of the Member State, shall provide information in accordance with the provisions of Article 53 of this Law. 3. The competent authorities must ensure that the competent authorities of the other Member States are provided with all the information necessary for complaints by a recipient of a service against a service provider to be correctly pursued. The recipients of the service must be informed of the outcome of the complaint. Article 9. Information to Be Given to the Recipients of the Service In cases where the service is provided under the professional title of the Member State of establishment or under the qualification of the service provider, the competent authority may require the service provider to furnish the recipient of the service with the following information: 1) the name of the register in which he is registered, his registration number, or equivalent means of identification contained in that register, if the service provider is registered in a commercial register or similar public register; 2) the name and address of the authority, authorised to award authorisations in accordance with the procedure laid down by legal act, if the activity is subject to authorisation in the Member State of establishment;  3) any professional association or similar body with which the service provider is registered; 4) the professional title or, where no such title exists, the formal qualification of the service provider, and the Member State in which it was awarded; 5) the Value Added Tax (hereinafter referred to as “VAT”) identification number, if the service provider performs an activity which is subject to VAT; 6) details of any insurance cover or other means of personal or collective protection with regard to professional liability. TITLE III RECOGNITION OF QUALIFICATIONS FOR THE PURPOSE OF ESTABLISHMENT CHAPTER I GENERAL SYSTEM FOR THE RECOGNITION OF FORMAL QUALIFICATIONS Article 10. The Scope of the General System for the Recognition of Formal Qualifications The provisions of this Chapter shall apply to all regulated professions with the exception of professions specified in Chapters II and III of Title III of this Law, where a person, for specific and exceptional reasons, does not satisfy the conditions laid down in those Chapters: 1) for activities listed in Annex 4 to this Law, when the migrant does not meet the requirements set out in Article 16 of this Law; 2) for  doctors with basic training, specialised doctors, nurses responsible for general care, dental practitioners, veterinary surgeons, midwives, pharmacists and architects, when the migrant does not meet the requirements of effective and lawful professional practice referred to in Articles 19, 23, 29, 33, 35, 39 and 45 of this Law; 3) for architects, when the migrant holds evidence of formal qualification not listed in point 5.7 of Annex 5 to this Law; 4) without prejudice to paragraphs 1-3 of Article 17, Articles 19 and 23, for doctors, nurses responsible for general care, dental practitioners, veterinary surgeons, midwives, pharmacists and architects holding evidence of formal qualifications, having completed professional training leading to the possession of a professional title listed in points 5.1.1, 5.2.2, 5.3.2, 5.4.2, 5.5.2, 5.6.2 and 5.7.1 of Annex 5 to this Law, and solely for the purpose of the recognition of the relevant professional qualification; 5) for nurses responsible for general care and specialised nurses holding evidence of formal qualifications as a specialist which follows the training leading to the possession of a title listed in point 5.2.2 of Annex 5 to this Law, when the migrant seeks recognition in the Republic of Lithuania where the relevant professional activities are pursued by specialised nurses without completed training as general care nurse; 6) for specialised nurses without training as general care nurse, when the migrant seeks recognition in the Republic of Lithuania where the relevant professional activities are pursued by nurses responsible for general care, specialised nurses without completed training as general care nurse or specialised nurses holding evidence of formal qualifications as a specialist which follows the training leading to the possession of the professional titles listed in point 5.2.2 of Annex 5 to this Law; 7) for persons meeting the requirements set out in subparagraph 2 of paragraph 3 of Article 3 of this Law. Article 11. Levels of Qualification 1. For the purpose of the recognition of professional qualification in accordance with the provisions of Article 13 of this Law, five levels of qualification shall be distinguished. 2. The first level of qualification shall be evidenced by an attestation of competence issued by a competent authority of the home Member State designated pursuant to laws, regulations and administrative provisions of that Member State, on the basis of: 1) a training course not forming part of a certificate or diploma within the meaning of paragraphs 3, 4, 5, 6 of this Article, a specific examination without prior training, or full-time pursuit of the profession in a Member State for three consecutive years or for an equivalent duration on a part-time basis during the previous 10 years, or 2) primary, basic or secondary education, attesting that the holder has acquired general knowledge. 3. The second level of qualification shall be evidenced by a certificate attesting to a successful completion of a secondary course: 1) general in character, supplemented by a course of study or professional training other than those specified in paragraph 4 of this Article, and/or probationary or professional practice required in addition to that course, 2) technical or professional in character, supplemented, where appropriate, by a course of study or professional training specified in paragraph 1 of this Article, and/or probationary or professional practice required in addition to that course. 4. The third level of qualification shall be evidenced by a diploma certifying successful completion of: 1) a course (other than that specified in paragraphs 5 and 6 of this Article) of a duration of at least one year or of an equivalent duration on a part-time basis, the conditions of entry of which are, as a general rule, the successful completion of the secondary course required to obtain entry to university or establishments of higher education or the completion of equivalent school education of the second secondary level, as well as the professional training which may be required in addition, or 2) in the case of a regulated profession, a course of a special structure, included in Annex 2 to this Law, equivalent to the level of the training course referred to in subparagraph 1 of this paragraph, which provides a comparable professional standard and prepares for a comparable level of functions and responsibilities.  The list of Annex 2 to this Law may be amended following a change in the EU legal acts referred to in Annex 8 to this Law. 5. The fourth level of qualification shall be evidenced by a diploma certifying successful completion of training at post-secondary level of at least three and not more than four years’ duration, or of an equivalent duration on a part-time basis, at a university or establishment of higher education or another establishment providing the same level of training, as well as the professional training which may be required in addition to that post-secondary course. 6. The fifth level of qualification shall be evidenced by a diploma certifying that the holder has successfully completed a post-secondary course of at least four years’ duration, or of an equivalent duration on a part-time basis, at a university or establishment of higher education or another establishment providing the same level of training and, where appropriate, that he has successfully completed the professional training which may be required in addition to that post-secondary course.  Article 12. Equal Treatment of Qualifications 1. Any evidence of formal qualifications or set of evidence of formal qualifications issued by a competent authority of a Member State, certifying successful completion of training in a Member State which is recognised by that Member State as being of an equivalent level and which confers on the holder the same rights of access to or pursuit of a profession or prepares for the pursuit of the profession, the level of qualification of which is regulated by Article 11 of this Law.  The respective level of qualification in the Republic of Lithuania must be treated equally as in other Member States.  2. Any professional qualification which, although not satisfying the requirements contained in the laws, regulations and administrative provisions in force in the home Member State for access to or the pursuit of a profession, confers on the holder acquired rights by virtue of the provisions of this Article, must be treated equally and under the same conditions in the Republic of Lithuania as set out in paragraph 1 of this Article.  3. The Republic of Lithuania must, in accordance with the provisions of Article 13 of this Law, consider the former training as corresponding to the level of the new training if the home Member State raises the level of training required to pursue the profession on either an employed or self-employed basis, and if a person who has undergone former training, which does not meet the requirements of the new qualification, benefits from acquired rights. Article 13. Conditions for Recognition 1. If the pursuit of a regulated profession on either an employed or self-employed basis in the Republic of Lithuania is contingent upon possession of specific professional qualifications, the competent authority shall, in accordance with the procedure established by it, permit to pursue that profession on either an employed or self-employed basis, under the same conditions as apply to nationals of the Republic of Lithuania, to persons possessing the attestation of competence or evidence of formal qualifications required by another Member State in order to pursue that profession on its territory. 2. The attestation of competence or evidence of formal qualifications referred to in paragraph 1 of this Article must satisfy the following conditions: 1) they must be issued by a competent authority of a Member State, designated in accordance with the laws, regulations and administrative provisions of that Member State; 2) they must attest that the level of qualification, as specified in Article 11 of this Law, is at least equivalent to the level immediately prior to that which is required in the Republic of Lithuania. 3. The pursuit of a profession on either an employed or self-employed basis shall also be allowed for persons who have pursued the profession on a full-time basis for two years during the previous 10 years in another Member State which does not regulate the profession, providing they possess one or more attestations of competence or evidence of formal qualifications. 4. The attestation of competence or evidence of formal qualifications referred to in paragraph 3 of this Article must satisfy the conditions referred to in paragraph 2 of this Article and must attest that the holder has been prepared for the pursuit of the profession in question. 5. The two years’ professional experience referred to in paragraph 3 of this Article may not be required if the evidence of formal qualifications which the person possesses certifies regulated education and training at the second, third, fourth or fifth levels of qualifications. 6. The regulated education and training listed in Annex 3 to this Law shall be considered regulated education and training at the third level of qualifications as specified in paragraph 4 of Article 11 of this Law.  7. By way of derogation from paragraph 2 of Article 2, the Republic of Lithuania shall permit the pursuit of a regulated profession on either an employed or self-employed basis upon possession of a third level qualification, where access and pursuit of this regulated profession on either an employed or self-employed basis for nationals of the Republic of Lithuania is contingent upon possession of a qualification certifying successful completion of higher or university education of four years’ duration. Article 14. Compensation Measures 1. The competent authority may require a person to complete an adaptation period of up to three years or take an aptitude test if: 1) the duration of the training of which he provides evidence under the provisions of paragraphs 1-2 or paragraphs 3-6 of Article 13 of this Law is at least one year shorter than that required by the Republic of Lithuania; 2) the training he has received covers substantially different matters than those covered by the evidence of formal qualifications required in the Republic of Lithuania; 3) the regulated profession in the Republic of Lithuania comprises one or more regulated professional activities which do not exist in the corresponding profession in the home Member State within the meaning of paragraph 3 of Article 4 of this Law, and that difference consists in specific training which is required in the Republic of Lithuania and which covers substantially different matters from those covered by the attestation of competence or evidence of formal qualifications.  2. For the purpose of applying the provisions of subparagraphs 2 and 3 of paragraph 1 of this Article, ‘substantially different matters’ shall mean matters the knowledge of which is essential for pursuing the profession, on either an employed or self-employed basis, in the Republic of Lithuania, and with regard to which the training received shows important differences in terms of the content and duration of training from the training required in the Republic of Lithuania.  3. If the competent authority makes use of the option provided for in paragraph 1 of this Article, it must offer the applicant the choice between an adaptation period and an aptitude test.  4. For regulated professions whose pursuit requires precise knowledge of the national law of the Republic of Lithuania and in respect of which the provision of advice and/or assistance concerning the national law of the Republic of Lithuania is an essential and constant aspect of the professional activity, the competent authority may stipulate either an adaptation period or an aptitude test. 5. The competent authority may provide for an adaptation period or an aptitude test in the cases specified in subparagraphs 2 and 3 of Article 10 of this Law, in the case specified in subparagraph 4 of Article 10 concerning doctors and dental practitioners, in the case specified in subparagraph 6 of Article 10 when the migrant seeks recognition in another Member State where the relevant professional activities are pursued by nurses responsible for general care or specialised nurses holding evidence of formal qualifications as a specialist which follows the training leading to the possession of professional titles listed in point 5.2.2 of Annex 5 to this Law.  The provisions of this paragraph shall also apply to persons referred to in subparagraph 7 of Article 10 of this Law. 6. In the cases specified in subparagraph 1 of Article 10 of this Law, the competent authorities of the Republic of Lithuania may require an adaptation period or an aptitude test if the migrant pursues professional activities in a self-employed capacity or as a manager of a legal entity which require the knowledge and application of specific national legal acts, provided that the knowledge and application of those legal acts are required for access to such activities by nationals of the Republic of Lithuania. 7. If the competent authority intends to require the person to complete an adaptation period or take an aptitude test, it shall have the right, in accordance with the procedure laid down by legal acts, to ascertain whether the knowledge acquired by the person in the course of his professional experience in a Member State or third country is of a nature to cover, in full or in part, the substantially different matters referred to in paragraph 2 of this Article. 8. To carry out an aptitude test, the competent authorities shall prepare a list of subjects, which shall be drawn up by comparing the subjects of the training programme in the Republic of Lithuania with the subjects specified in the person’s attestation of competence or other evidence of formal qualifications.  9. An aptitude test must include subjects of the training programme, selected from the list referred to in paragraph 8 of this Article the knowledge of which is essential for pursuing the relevant profession or professional activities in the Republic of Lithuania. 10. The rules for application, administration and evaluation of an aptitude test shall be established by the competent authority. 11. An adaptation period and rules for its evaluation, the rights and duties of a person undergoing supervised practice during the adaptation period shall be established by the competent authority. 12. The right of a person undergoing supervised practice and wishing to prepare for an aptitude test to reside in the Republic of Lithuania, the social guarantees and privileges shall be regulated by laws and other legal acts of the Republic of Lithuania. Article 15. Waiving of Compensation Measures on the Basis of Common Criteria for Compensating for Differences in Professional Qualifications Where the person’s professional qualifications satisfy the common criteria for compensating for differences in professional qualifications, the competent authorities of the Republic of Lithuania shall waive the application of compensation measures.  CHAPTER II RECOGNITION OF PROFESSIONAL EXPERIENCE Article 16. Requirements Regarding Professional Experience 1. If, in the Republic of Lithuania, pursuit of one of the activities listed in Annex 4 to this Law is contingent upon possession of general, commercial or professional knowledge and aptitudes, the Republic of Lithuania shall recognise previous pursuit of the activity in another Member State as sufficient proof of such knowledge and aptitudes. The activity must have been pursued in accordance with the requirements of this Article.  2. The Government of the Republic of Lithuania or an institution authorised by it shall issue the required attestation certifying the professional experience and its duration to persons moving to pursue regulated professional activity referred to paragraphs 3, 6 and 8 of this Article in Member States. 3. For the activities in list I of Annex 4 to this Law, the activity in question must have been previously pursued:  1) for six consecutive years on a self-employed basis or as a manager of an undertaking; or 2) for three consecutive years on a self-employed basis or as a manager of an undertaking, where the person proves that he has received previous training of at least three years for the activity in question, evidenced by a certificate recognised by the Member State or judged by a competent professional body to be fully valid; or 3) for four consecutive years on a self-employed basis or as a manager of an undertaking, where the person can prove that he has received, for the activity in question, previous training of at least two years’ duration, attested by a certificate recognised by the Member State or judged by a competent professional body to be fully valid; or 4) for three consecutive years on a self-employed basis, if the person can prove that he has pursued the activity in question on an employed basis for at least five years; or 5) for five consecutive years in an executive position, of which at least three years involved technical duties and responsibility for at least one department of the undertaking, if the person can prove that he has received, for the activity in question, previous training of at least three years’ duration, as attested by a certificate recognised by the Member State or judged by a competent professional body to be fully valid. 4. In cases specified in subparagraphs 1 and 4 of paragraph 3 of this Article, the activity must not have finished more than 10 years before the date on which the person submitted an application to the competent authority referred to in Article 53 of this Law. 5. Subparagraph 5 of paragraph 3 of this Article shall not apply to activities in Group ex 855, hairdressing establishments, of the ISIC (International Standard Industrial Classification of All Economic Activities) Nomenclature. 6. For the activities in list II of Annex 4 to this Law, the activity in question must have been previously pursued:  1) for five consecutive years on a self-employed basis or as a manager of an undertaking; or 2) for three consecutive years on a self-employed basis or as a manager of an undertaking, where the person proves that he has received previous training of at least three years for the activity in question, evidenced by a certificate recognised by the Member State or judged by a competent professional body to be fully valid; or 3) for four consecutive years on a self-employed basis or as a manager of an undertaking, where the person can prove that he has received, for the activity in question, previous training of at least two years’ duration, attested by a certificate recognised by the Member State or judged by a competent professional body to be fully valid; or 4) for three consecutive years on a self-employed basis or as a manager of an undertaking, if the person can prove that he has pursued the activity in question on an employed basis for at least five years; or 5) for five consecutive years on an employed basis, where the person can prove that he has received, for the activity in question, previous training of at least three years’ duration, as attested by a certificate recognised by the Member State or judged by a competent professional body to be fully valid; or 6) for six consecutive years on an employed basis, where the person can prove that he has received, for the activity in question, previous training of at least two years’ duration, as attested by a certificate recognised by the Member State or judged by a competent professional body to be fully valid; or 7. In cases specified in subparagraphs 1 and 4 of paragraph 6 of this Article, the activity must not have finished more than 10 years before the date on which the person submitted an application to the competent authority referred to in Article 53 of this Law. 8. For the activities in list III of Annex 4 to this Law, the activity in question must have been previously pursued:  1) for three consecutive years on a self-employed basis or as a manager of an undertaking; or 2) for two consecutive years on a self-employed basis or as a manager of an undertaking, where the person can prove that he has received, for the activity in question, previous training of at least two years’ duration, attested by a certificate recognised by the Member State or judged by a competent professional body to be fully valid; or 3) for two consecutive years on a self-employed basis or as a manager of an undertaking, if the person can prove that he has pursued the activity in question on an employed basis for at least three years; or 4) for three consecutive years on an employed basis, where the person can prove that he has received previous training for the activity in question, as attested by a certificate recognised by the Member State or judged by a competent professional body to be fully valid. 9. In cases specified in subparagraphs 1 and 3 of paragraph 8 of this Article, the activity must not have finished more than 10 years before the date on which the person submitted an application to the competent authority referred to in Article 53 of this Law. CHAPTER III RECOGNITION OF QUALIFICATIONS ON THE BASIS OF COORDINATION OF MINIMUM TRAINING CONDITIONS SECTION ONE GENERAL PROVISIONS Article 17. Principle of Automatic Recognition of Professional Qualification 1. Competent authorities (in accordance with the procedure laid down by them) shall recognise the evidence of formal qualifications listed in points 5.1.1, 5.1.2, 5.2.2, 5.3.2, 5.3.3, 5.4.2, 5.6.2 and 5.7.1 of Annex 5 to this Law respectively, giving access to the professional activities of doctor with basic training and specialised doctor, nurse responsible for general care, dental practitioner, specialised dental practitioner, veterinary surgeon, pharmacist and architect.  Such evidence of formal qualifications must satisfy the minimum training conditions referred to in Articles 20, 21, 27, 30, 31, 34, 40 and 42 of this Law respectively.  Such evidence shall have the same effect in the Republic of Lithuania as the evidence of formal qualifications which it itself issues. 2. The evidence of formal qualifications specified in paragraph 1 of this Article shall be issued by the competent authorities of the Member States and accompanied, where appropriate, by the certificates listed in points 5.1.1, 5.1.2, 5.2.2, 5.3.2, 5.3.3, 5.4.2, 5.6.2 and 5.7.1 of Annex 5 to this Law.  3. The provisions of paragraphs 1 and 2 of this Article shall not affect the acquired rights referred to in Articles 19, 23, 29, 33, 35 and 45 of this Law. 4. The competent authority shall recognise evidence of formal qualifications required to pursue general medical practice listed in point 5.1.4 of Annex 5 to this Law, which was issued to nationals of the Member States by the other Member States in accordance with the minimum training conditions laid down in Article 24.  The provisions of this paragraph shall not affect the acquired rights referred to in Article 26 of this Law. 5. The competent authority shall recognise evidence of formal qualifications as a midwife, awarded to nationals of Member States by the other Member States, listed in point 5.5.2 of Annex 5 to this Law, which complies with the minimum training conditions referred to in Article 36 and satisfies the criteria set out in Article 37, and, when evaluating the possible pursuit of the professional activities, shall give such evidence the same effect on the territory of the Republic of Lithuania as the evidence of formal qualifications which is issued in the Republic of Lithuania .  The provision of this paragraph shall not affect the acquired rights referred to in Articles 19 and 39 of this Law.  6. Evidence of formal qualifications as an architect referred to in point 5.7.1 of Annex 5 to this Law, which is subject to automatic recognition pursuant to paragraphs 1-3 of this Article, shall prove completion of a course of training which began not earlier than during the academic reference year specified in point 5.7.1 of Annex 5 to this Law. 7. The competent authorities shall make access to and pursuit of the professional activities of doctors, nurses responsible for general care, dental practitioners, veterinary surgeons, midwives and pharmacists subject to possession of evidence of formal qualifications, attesting that the person concerned has acquired over the duration of his training, and where appropriate, the knowledge and skills referred to in paragraph 3 of Article 20, paragraph 6 of Article 27, paragraph 5 of Article 30, paragraph 5 of Article 34,  paragraph 6 of Article 36 and  paragraph 5 of Article 40, which regulate the education and training for these professions. Article 18. Common Provisions on Training 1. With regard to the training referred to in Articles 20, 21, 24, 27, 30, 31, 34, 36, 40 and 42 of this Law, the Government of the Republic of Lithuania or an institution authorised by it may provide for part-time training pursuant to the set requirements.  Competent authorities shall ensure that the overall duration, level and quality of such training is not lower than that of continuous full-time training. 2. Continuing education and training shall ensure that persons who have completed their studies are able to keep abreast of professional development and maintain safe and effective practice. Article 19. Acquired Rights 1. Without prejudice to the acquired rights specific to the profession concerned, the competent authorities of the Republic of Lithuania in cases where the evidence of formal qualifications of the Member States giving access to the professional activities does not satisfy all the training requirements referred to in Articles 20, 21, 27, 30, 31, 34, 36 and 40 of this Law shall recognise as sufficient proof evidence of formal qualifications insofar as such evidence attests successful completion of training which began before the reference dates specified in points 5.1.1, 5.1.2, 5.2.2, 5.3.2, 5.3.3, 5.4.2 and 5.6.2 of Annex 5 to this Law. 2. In the cases referred to in paragraph 1 of this Article, the evidence of formal qualifications must be accompanied by a certificate stating that the holder has been effectively and lawfully engaged in the activities in question for at least three consecutive years during the five years preceding the award of the certificate. 3. The provisions of paragraphs 1 and 2 of this Article shall apply to evidence of formal qualifications giving access to the professional activities of doctor with basic training and specialised doctor, nurse responsible for general care, dental practitioner, specialised dental practitioner, veterinary surgeon, midwife and pharmacist, obtained in the territory of the former German Democratic Republic, which does not satisfy all the minimum training requirements specified in Articles 20, 21, 27, 30, 31, 34, 36 and 40 of this Law if such evidence certifies successful completion of: 1) the training as doctor with basic training, nurse responsible for general care, dental practitioner, specialised dental practitioner, veterinary surgeon, midwife and pharmacist which began before 3 October 1990; 2) the training as specialised doctor which began before 3 April 1992; 4. The evidence of formal qualifications referred to in paragraph 1 of this Article shall confer on the holder the right to pursue professional activities throughout German territory under the same conditions as evidence of formal qualifications issued by the competent German authorities referred to in points 5.1.1, 5.1.2, 5.2.2, 5.3.2, 5.3.3, 5.4.2, 5.5.2 and 5.6.2 of Annex 5 to this Law. 5. In order for nationals of the Member States to pursue, in the Republic of Lithuania, the professional activities of doctor with basic training and specialised doctor, nurse responsible for general care, dental practitioner, specialised dental practitioner, veterinary surgeon, midwife and pharmacist referred to in paragraph 2 of Article 41 and professional activities of architect referred to in Article 44 of this Law, the competent authority of the Republic of Lithuania, without prejudice to the provisions of paragraph 1 of Article 33, shall recognise evidence of formal qualifications of nationals of the Member States giving access to the professional activities of doctor with basic training and specialised doctor, nurse responsible for general care, dental practitioner, specialised dental practitioner, veterinary surgeon, midwife, pharmacist and architect issued by the former Czechoslovakia, or where the training of these specialists commenced before 1 January 1993 in the Czech Republic and Slovakia if the competent authorities of either of the two aforementioned Member States attest that such evidence of formal qualifications has the same legal validity within their territory as the evidence of formal qualifications which they issue and, with respect to architects, as the evidence of formal qualifications specified for those Member States in point 6 of Annex 6 to this Law. 6. The competent authority of the Republic of Lithuania shall recognise evidence of formal qualifications of nationals of the Member States issued in the former Soviet Union giving access to the professional activities of doctor with basic training and specialised doctor, nurse responsible for general care, dental practitioner, specialised dental practitioner, veterinary surgeon, midwife, pharmacist and architect, or whose training commenced: 1) for Estonia, before 20 August 1991; 2) for Latvia, before 21 August 1991; 3) for Lithuania, before 11 March 1990. 7. In order for nationals of the Member States to pursue, in the Republic of Lithuania, the professional activities of doctor with basic training and specialised doctor, nurse responsible for general care, dental practitioner, specialised dental practitioner, veterinary surgeon, midwife and pharmacist referred to in paragraph 2 of Article 41 and professional activities of architect referred to in Article 44 of this Law, the competent authority of the Republic of Lithuania shall recognise evidence of formal qualifications if the competent authorities of the Member States referred to in subparagraphs 1-3 of paragraph 6 of this Article attest that such evidence of formal qualifications has the same legal validity as the evidence of formal qualifications which they issue and, with respect to architects, as the evidence of formal qualifications specified for those Member States in point 6 of Annex 6 to this Law. 8. With regard to evidence of formal qualifications as veterinary surgeons issued by the former Soviet Union or in respect of which training commenced, for Estonia, before 20 August 1991, the evidence of formal qualifications must be accompanied by a certificate issued by the competent authorities of Estonia, stating that such persons have effectively and lawfully been engaged in the activities in question within their territory for at least five consecutive years during the seven years prior to the date of issue of the certificate. 9. In order for nationals of the Member States to pursue, in the Republic of Lithuania, the professional activities of doctor with basic training and specialised doctor, nurse responsible for general care, dental practitioner, specialised dental practitioner, veterinary surgeon, midwife and pharmacist referred to in paragraph 2 of Article 41 and professional activities of architect referred to in Article 44 of this Law, the competent authority of the Republic of Lithuania shall recognise evidence of formal qualifications of nationals of the Member States giving access to the professional activities of doctor with basic training and specialised doctor, nurse responsible for general care, dental practitioner, specialised dental practitioner, veterinary surgeon, midwife, pharmacist and architect issued by the former Yugoslavia, or where the training of these specialists in Slovenia commenced before 25 June 1991, where the competent authorities of the aforementioned Member State attest that such evidence of formal qualifications has the same legal validity within their territory as the evidence of formal qualifications which they issue and, with respect to architects, as the evidence of formal qualifications specified for those Member States in point 6 of Annex 6 to this Law. 10. The evidence of formal qualifications specified in paragraphs 5, 7 and 9 of this Article must be accompanied by a certificate issued by the same competent authorities stating that such persons have effectively and lawfully been engaged in the activities in question within their territory for at least three consecutive years during the five years prior to the date of issue of the certificate.  11. The competent authority of the Republic of Lithuania shall recognise as sufficient proof for nationals of Member States whose evidence of formal qualifications as a doctor, nurse responsible for general care, dental practitioner, veterinary surgeon, midwife and pharmacist does not correspond to the evidence of formal qualifications specified for that Member State in points 5.1.1, 5.1.2, 5.1.3, 5.1.4, 5.2.2, 5.3.2, 5.3.3, 5.4.2, 5.5.2 and 5.6.2 of Annex 5 to this Law, evidence of formal qualifications issued by those Member States accompanied by a certificate issued by the competent authorities.  12. The certificate referred to in paragraph 11 of this Article must state that the evidence of formal qualifications certifies successful completion of training in accordance with the requirements laid down in Articles 20, 21, 24, 27, 30, 31, 34, 36 and 40 of this Law respectively and is treated by the Member State which issued it in the same way as the evidence of formal qualifications referred to in points 5.1.1., 5.1.2, 5.1.3, 5.1.4, 5.2.2, 5.3.2, 5.3.3, 5.4.2, 5.5.2 and 5.6.2 of Annex 5 to this Law. 13. The competent authority of the Republic of Lithuania shall not recognise the professional qualifications of Bulgarian paramedics (фелдшер) acquired before 31 December 1999 in Bulgaria who, on 1 January 2000, pursued the professional activities of doctors of medicine or nurses responsible for general care under the Bulgarian social security system in accordance with the provisions of this Law. SECTION TWO DOCTORS OF MEDICINE Article 20. Basic Medical Training 1. Admission to basic medical training shall be contingent upon possession of a diploma or certificate providing access to universities. 2. Basic medical training shall comprise a total of at least six years of study or 5 500 hours of theoretical and practical training provided by, or under the supervision of, a university.  For persons who began their studies before 1 January 1972, the course of training referred to in this paragraph may comprise six months of full-time practical training at university under the supervision of the competent authorities. 3. Upon completion of basic medical training, a person must possess the following knowledge and skills: 1) adequate knowledge of the sciences on which medicine is based and a good understanding of scientific methods including the principles of measuring biological functions, the evaluation of scientifically established facts and the analysis of data; 2) sufficient understanding of the structure, functions and behaviour of healthy and sick persons, as well as relations between the state of health and physical and social surroundings of the human being; 3) adequate knowledge of clinical disciplines and practices, providing him with a coherent picture of mental and physical diseases, of medicine from the points of view of prophylaxis, diagnosis and therapy and of human reproduction; 4) suitable clinical experience in hospitals under appropriate supervision. Article 21. Specialist Medical Training 1. Admission to specialist medical training shall be contingent upon completion and validation of six years of study as part of a training programme referred to in Article 20 of this Law in the course of which the trainee has acquired the relevant knowledge of basic medicine. 2. Specialist medical training shall comprise theoretical and practical training at a university or medical teaching hospital or a medical care establishment approved for that purpose by the competent authorities.  3. The minimum duration of specialist medical training must not be less than the duration provided for in point 5.1.3 of Annex 5 to this Law.  4. Specialist medical training must be given under the supervision of the competent authority. Specialist medical training shall include personal participation of the trainee specialised doctor in the activity and responsibilities entailed by the services in question. 5. Specialist medical training must be given on a full-time basis at specific establishments that are recognised by the competent authorities. The department of the establishment specified in paragraph 2 of this Article providing specialist medical training must participate in the full range of medical activities, including duty on call, and all the professional activity of the trainee specialist must be devoted to his practical and theoretical training throughout the entire working week and throughout the year in accordance with the established procedure. Accordingly, these posts must be appropriately remunerated.  6. Establishments providing specialist medical training shall make the issuance of evidence of formal qualifications as a specialised doctor contingent upon possession of evidence of basic medical training referred to in point 5.1.1 of Annex 5 to this Law. 7. The minimum periods of training referred to in point 5.1.3 of Annex 5 to this Law may be amended by the European Commission with a view to adapting them to scientific and technical progress. Article 22. Types of Specialist Medical Training 1. Evidence of formal qualifications as a specialised doctor referred to in Article 17 of this Law shall be such evidence awarded by the competent authorities referred to in point 5.1.2 of Annex 5 to this Law upon compl …