Archivist

THE EUROPEAN UNION

THE ROMANIAN GOVERNMENT THE MINISTRY OF LABOUR,

FAMILY, SOCIAL PROTECTION AND ELDERLY AMPOSDRU

The European Social Fund

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Structural Instruments

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THE EUROPEAN SOCIAL FUND

The Sectoral Operational Program Human Resources Development

2007 – 2013

Priority Axis 3 “INCREASING ADAPTABILITY OF WORKERS

AND ENTERPRISES”

Key Area of Intervention 3.3 “Development of partnerships and

encouraging initiatives for social partners and civil society”

Project title: “The Network of Competent Authorities for Professional

Qualifications in Romania (IMI PQ NET Romania)”

Beneficiary: the Ministry of National Education

Contract no.: POSDRU/93/3.3/S/53132

Deliverable 30.1

“Certification and Recognition Guidelines for the

Archivist’s profession”

ETS dr. eng. Ionel POPA

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TABLE OF CONTENTS

Introduction .............................................................................. 6

I Regulation status for the archivist’s profession in

Romania and in the European Union ........................... 8

1.1 Legislation regulating the archivist’s profession in

Romania …............................................................. 11

1.2 Conditions for access to the regulated archivist’s

profession in Romania …………………….... 12

1.3 Landmarks for the archivist’s profession in the EU

states ………………………………………… 21

II Competence validation / certification procedures

applied by the competent authorities in the countries

where the archivist’s profession is being regulated .....

31

III Recognition processes for qualifications achieved in

other EU Member States …………………………… 33

3.1 Archivist’s profession recognition procedure ….. 33

3.2 SOLVIT application …………………………… 34

IV Practicing of the archivist’s profession in the EU ….. 38

4.1 Deontology code for the archivist’s profession … 41

Conclusions ............................................................................... 48

Bibliography ............................................................................. 51

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Introduction

These “Certification and Recognition Guidelines for the

Archivist’s profession” account for one of the multiple results of the

project “The Network of Competent Authorities for Professional

Qualifications in Romania” IMI PQ NET Romania, drawn up for

the consolidation of the National Archives (NA) capacity both as a

social partner in the project and as the competent authority by

informing it in relation to the practices applied in other EU Member

States to the archivist’s profession.

The activity for the elaboration of these Guidelines contributes

to the achieving of the general goal of the IMI PQ NET Romania

project, consisting in the creation and consolidation of the Internal

Market Information System (IMI) for the professional qualifications

in Romania.

The importance of the archivist’s profession is given by the

fact that most of the public institutions and private organizations

have archives departments employing specialized staff as laid down

in the law, which is focused – as applicable – on the processing of

the managed archives, the elaboration of the registration, information

and research instruments (archival inventories, catalogues, document

editions, etc.), the guidance and control of archival activities at

various archive creators and holders.

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The archivist’s main duties are:

- to receive, to process – from the archival point of view – the

funds and collections of documents under his/her management, to

determine the historical and practical value of the documents, to

coordinate the archive conservation activities;

- to provide specialized support to the archive creators /

holders; to draw up certificates, copies and excerpts of the managed

documents;

- to draw up research instruments; to build and manage

electronic databases.

These “Certification and Recognition Guidelines for the

archivist’s profession” is focused on two major issues: on one hand

the certification of the archivist’s profession in Romania, and on the

other hand the recognition of this profession in the EU Member

States where this profession is being regulated. Moreover, the

guidelines bring concrete information on the archivist’s profession in

the EU Member States regarded by the project management as being

representative (the Czech Republic, Spain, the Netherlands,

Denmark, Germany, Great Britain, Italy and Portugal).

Being convinced of the significant of the document processing

and management activity due to the high level of spreading and the

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universal feature of the archivist’s profession, we have done some

wide research on this profession by using the Internet.

I. Regulation status for the archivist’s profession in

Romania and in the European Union

The archivist’s profession – classified in the Romanian

Occupational Classification (COR) under no. 262101 – is being

regulated in Romania and the current applicable legislation has been

recently elaborated. At the European Union level, there are several

other states besides Romania where the archivist’s profession is

being regulated; they are: Bulgaria, Estonia, Greece, the Netherlands,

Slovakia and Slovenia.

Brief institutional history. As an institution, the Archives in

the extra-Carpathian Romanian territories were officially established

in the context of the elaboration of the first modern administrative

laws, i.e. the Organic Regulations between 1831 and 1832. For the

period of time prior to the 19th century, we should not overlook the

existence of archives attached to the royal chancery, those kept by

the ecclesiastic authorities and the private archives established by the

governors of various ranks in the manorial hierarchy. Among them,

some of the oldest places for keeping the documents have been

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accounted for by the monasteries that, due to their safe nature, used

to allow even the gathering of laic documents.

Therefore, the archives in Walachia were documentarily

attested since May 1st, 1831 and the Moldavian archives since

January 1st, 1832.

The organization of the State Archives was done afterwards

by various regulations and instructions issued by the superior bodies

upon the proposal made by the head of the Archives.

The State Archives was to function in Moldova attached to

the Royal Court and in Walachia at the Metropolitan.

In 1831 Iordachi Rasti (caminar) is appointed as the State

Archivist in Walachia and Gheorghe Asachi in Moldova.

On June 9th, 1831 the Administrative Council in Walachia

draws up a Journal that shall become the first working standards

regarding the receipt of the archival documents by the State

Archives.

On September 30th, 1831 the first regulation comes into

force. According to this regulation, the storage of the files in

warehouses was to be done in 3 “separations”: “documents and

contracts”; the documents called “administration of inner jobs” and

“court papers”. The removal of any document from the Archives

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was prohibited by the Archivist “unless the person shows a certified

copy”.

In Moldova the first instructions regulating the Archive’s

activity date back to January 26th, 1832 and refer to the submission

and storage of documents in the State Archives.

On October 31st, 1862, the ruler Al. Ioan Cuza elaborates the

“Regulation for the organization of the State Archives”. This

Regulation establishes a General Department in Bucharest and a

Subsidiary in Iasi. The archives passed from the Ministry of Interior

to the Ministry of Cults and Public Instruction.

According to the Regulation, the documents submitted at the

State Archives were all “the public interest documents whose

conservation shall be deemed as useful and which are no longer

useful to the ministries or central and general governors”, without

indicating the county and communal archives.

Regarding the old archives of Transylvania, they were

concentrated in Budapest starting with 1875, when the Hungarian

State Archives were established. Therefore, at the end of the 19th

century, the system centralizing the documents in the Budapest and

Vienna State Archives is used both in Transylvania, Bucovina and in

Banat.

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The events in 1918, with the major happening when the

Romanian state was politically unified, led to the obvious unification

of the archives. Therefore, departments of the State Archives are

established in Cluj (1920), Cernauti (1924) and Chisinau (1925). In

this context, a new law for the functioning of the State Archives

comes into force in 1925, which stipulates – among others – the

established of the regional departments within the Ministry of Public

Instruction.

Since 1951, the State Archives Division is subordinated to the

Ministry of Internal Affairs. After the Revolution in December 1989,

following the transformation of the society, in 1996 the activity of

the Archive’s Institution is reorganized and the name of "the State

Archives" is replaced by the name of "the National Archives of

Romania".

1.1 Legislation regulating the archivist’s profession in

Romania

The archivist’s profession in Romania is being regulated by

the following legal acts:

Law no. 16, also known as the National Archive Law,

published in the Official Gazette, Part I, no. 71 / April 9th, 1996;

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Law no. 138 for the amendment and completion of the

National Archive Law no. 16/1996, published in the Official Gazette,

Part I no. 253 / May 7th, 2013;

The occupational standard for the archivist’s profession,

approved on May 09th, 2013 by the Sectoral Committee for

Administration and Public Services.

1.2 Conditions for access to the regulated archivist’s

profession in Romania

The “Archivist” qualification is meant for those who work in

the collection, process and publication of the documents created by

public institutions and private organizations during their activity [1].

The archivist’s activity is carried out both in the archival warehouse

and in the field as part of the process for the collection of documents

from the departments / structures / organizations creating archives, as

well as through the guidance and control activity over the way the

documents with practical and historical value are managed by their

creators.

The archivist’s qualification is meant for the people carrying

out archival activities both in the National Archives and in other

public institutions, including within the private organizations, as well

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as for those developing the necessary skills for working in other

states.

The archivist’s duties are not referred to in uniform

regulations and each employer is free to decide on the duties and

responsibilities according to its own field of business; however there

is a common framework determined by the affiliation to the basic

category in the Romanian Occupational Classification code. The

requirements for the archivist’s profession are established by each

business operator and the general requirements of the job description

are taken into account as they are laid down in the occupational

standard and the employer’s specific field of business.1

The archivist’s qualification is demanded on the labour

market and each organization – either public or private – has the

obligation to establish under the current legislation an archiving

department managed by specialized staff. Therefore, this position

shall be included in the organization charts of many public or private

institutions that create / holds archives.

In order to become an archivist, the candidate has to meet the

following access conditions:

1 www.anc.edu.ro/uploads/SO_B/archivist.pdf

http://www.anc.edu.ro/uploads/SO_B/archivist.pdf

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he/she has to be a graduate of an academic study program

who was awarded the bachelor's degree in any of the following

fields: language and literature, applied modern languages, history or

cultural studies;

he/she has to know the international archival legislation and

standards, the norms, instructions and working procedures;

he/she has to know the basic principles for assessing and

processing archive documents;

he/she has to know the principles for the organization of

documents in the archival warehouses and for their preventive

conservation.

The competences necessary for the archivist’s profession are

classified into three categories: key competences, specific

competences and general competences respectively. The key

competences are:

communication in the official language

communication in foreign languages

basic competences in mathematics, science, technology

computer science skills

ability to learn

social and civic competences

entrepreneurial competences

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cultural expression competence

The specific competences are:

elaboration of working instruments – it involves knowledge

on: how to draw up registration / information instruments for the

archival documents; the typology of the registration / information

instruments; the archival legislation for preparing the nomenclature;

procedures for elaboration of organizational charts; document

management; general concepts on operating computers;

coordination of compiling and managing archives – it

involves knowledge on: the archival legislation and concepts in the

history special science field: heraldic, palaeography, chronology; the

rules for compiling an archive at the organization department level;

document management in the archival warehouse; general concepts

on organizational management; concepts on risk management; norms

regarding the archive transport; concepts on characteristics of

archival buildings and document storage rooms;

determination of the historical and practical value of

documents – it involves knowledge on: theoretical knowledge on

assessing archival documents, general concepts on history of

institutions; advanced knowledge on archival legislation regarding

the preparation of the selecting works; general concepts on

organization sociology;

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coordination of activities for conservation of archive in the

warehouse – it involves knowledge on: the features of the archival

buildings and of the document storage areas; technical standards on

the archival activities; risk management;

use of information in documents – it involves knowledge on:

types, features and way to prepare the scientific information

instruments; procedures for identification of documents in the

warehouse and for writing down responses to the applicants’

requests; archival legislation; advanced knowledge on history and

historical data on institutions for the historical periods referred to in

the elaborated information instruments; current legal provisions

regarding the settlement of claims; general knowledge on desktop

publishing; palaeography and modern languages depending on the

contents of the documents described by the scientific information

instruments; electronic document management; Law no. 544/2001

regarding the free access to public information, with current

amendments and completions;

electronic archiving of documents – medium-level economic

analysis knowledge; applied computer science knowledge including

server-type operation systems, relational databases, etc.; applied

computer science knowledge including electronic archiving software;

specific internal working procedure; knowledge on how to work with

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graphic formats; knowledge on how to use scanning devices;

knowledge on how to index information in scanned documents or

publications; procedures on using the archiving programs.2

Regarding the general competences, they are: the application

of the occupational health and security and fire control standards and

the application of the environmental protection standards.

Within the public institutions, the archivist may be employed

as a public officer subject to the provisions laid down in the Law no.

188/1999 regarding the Status of public officers3, a law updated by

the Law no. 2/20134. In the private companies as well as in the

public institutions (where the archivist is not employed as a public

officer), the archivist caries out his/her activity based on an

individual employment contract and its classification is done

according to the Romanian labour legislation.

In the first case, when the archivist is a public officer, in

addition to him/her having the competences laid down in the

Occupational Standard, he/she may occupy a public position if

he/she meets the following conditions:

a) he/she is a Romanian citizen and lives in Romania;

2 Ibid.

3 “Official Gazette” Part I no. 365 dated May 29

th, 2013 (hereinafter

referred to as the O.G.) 4 Ibid, no. 89 / February 12

th, 2013

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b) he/she speaks Romanian;

c) he/she is at least 18;

d) he/she has full capacity to work;

e) his/her health is fit for the public position he/she is a

candidate for; the health status has to be confirmed based on a

specialized medical examination;

f) he/she meets the education conditions laid down in the

applicable law for the public position;

g) he/she meets the specific conditions for occupying the

public position;

h) he/she has never been convicted for a crime against

humanity, against the state or against the authority, at his/her

workplace or in relation thereof, which would obstruct justice,

forgery or corruption actions or for an offence committed with

intents, which could made him/her unfit for the public position,

unless he/she has already been rehabilitated;

i) he/she has not been dismissed from a public position or

his/her individual employment contract has not been terminated for

disciplinary grounds over the last 7 years;

j) he/she has not been involved in any political police activity,

as defined by the law.

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The occupation of the public positions may be done by

promotion, transfer, redistribution, recruiting and other ways under

the law.

The recruiting in view of joining the public officers’

association is done by contest and the participation conditions and

the contest organization procedure are established under the law

based on the principles of open competition, transparency,

professional merits and competences, which are laid down in the

Occupational Standard, as well as of equal access to public positions

for each citizen who meets the legal requirements.

Law no. 138/20135, amending and completed Law no.

16/19966 stipulates that the National Archives provide the general

registration of all the business operators through the Registry of

Business Operators providing Archival Services.

The management of the information in the registry is done by

the National Archives based on the notices received from liquidators

/ business operators / individuals or companies, the local pension

houses and the National Archives departments.

The National Archives issue operating permits for several

types of services such as:

5 Ibid, no. 253 dated May 7

th, 2013.

6 Ibid, no. 71 dated April 09

th, 1996.

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- the storage and conservation archives department;

- the restoration archives department;

- the archival processing archives department;

- the binding archives department;

- the hold document usage archives department.

In order to obtain the operating permit for the provision of

archiving services, the business operator files an application

accompanied by the following documents:

a) a certificate of findings issued by the Trade Register Office;

b) a certified copy of the fire safety authorization issued by the

Inspectorate for Emergency Situations;

c) certified copies of the documents confirming the ownership /

the right to use the premises registered as a registered office /

secondary office;

d) certified copies of the attestations / certificates and diplomas /

degrees for the employed staff;

e) certified copies of the employment contracts concluded

between the business operator and the staff employed for the

provision of archiving services;

f) a memo detailing the technical and functional characteristics

of the premises and equipment used for document processing,

restoring, storing and conserving, binding and using activities:

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specially built warehouses or remodelled areas, offices for the

employed staff, specific means for storage and keeping, document

protection means depending on their nature and size, devices for

measuring temperature and humidity in the warehouses, personal

protection gear, anti-fire and anti-burglary alarm and warning

systems, fire fighting equipment;

g) copies of the internal working procedures for archiving

practice for document processing operations;

h) proof of authorization fee payment.

Moreover, the legislation stipulates that the staff employed after

the authorization for this service should have skills for the archivist or

registrar profession.

Upon the expiration of the operating permit for the archiving

services provided by the business operators the "authorization

renewal procedure" has to be followed.

1.3 Landmarks for the archivist’s profession in the EU

states

PORTUGAL7

7 www.dgarq.gov.pt

http://www.dgarq.gov.pt/

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In Portugal the archivist’s profession is legislated by the

Decree Law no. 103 / May 16th, 2012. At national level and pursuant

to Ordinance no. 372/2007, the General Division for Books,

Archives and Libraries subordinated to the State Secretariat for

Culture was established by the merger between the General Division

for Books and Libraries and the General Division for Archives. The

General Division for Books, Archives and Libraries includes: the

“Torre do Tombo” National Archives, the Portuguese Photography

Centre and the district archives, the most important of them being the

one in the Porto district.

The continuous training in the archivist’s profession is

properly regulated by the Portuguese Association of Librarians,

Archivists and Documentarians. The Association adopted a Training

Regulation laying down the organization and functioning rules as

well as the trainees’ assessment methods. The Association also

includes other collective management bodies: National Board of

Directors, Executive Commission, Training Commission, Regional

Delegates, approving the training policy, the regulations and the

training general plan. The Executive Commission approves the

training plan and is in charge with its follow up.

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GERMANY8

In Germany there are 2 categories of archivists with higher

education who can be classified depending on their studies in the

archiving field. The first category includes the graduates from the

Archives School in Margburg or München (for the Bayern Land),

where they are received after graduating from high-school and

receiving the high-school diploma. In Margburg and München they

are trained for 3 years, out of which 12 months of hands-on training,

including a short course at a special administration school. Another

6-month hands-on activity is carried out in various archives, and the

initial training period ends with a final exam. After their graduation,

the archivists may be employed by the Superior Service (Gehobener

Dienst).

The second category includes the Archivists in the Federal

Service (Höherer Dienst), who attend the Archives School in

Margburg or München, where they are accepted only after

graduating from a faculty of history, law or other auxiliary sciences

after taking the state exam and if they were awarded the bachelor’s

or masters’ degree and in some Lands they are even required to hold

the PhD and to be healthy. The position is identical to the archives

8 www.bundesarchivesde/index.html.de

http://www.bundesarchivesde/index.html.de

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researcher assistant position. In Margburg they study for 2 years, out

of which 8 months in hands-on training, 12 months of classroom

training, 1 month of hands-on activity in the German Federal

Archives and the last month is reserved for them to prepare for and

take the state final exam. The Curriculum is extremely diverse and

includes classes in archiving theory, public administration theory,

administrative organization, archives management, electronic

systems, archives law, auxiliary sciences, advanced studies in Latin

and French.

A master’s program in computer sciences is provided at the

Potsdam University and it may be attended by graduates from the

Archives School. The educational offer here includes also a master’s

program in archiving activities, which lasts for 6 semesters and is

focused on “Archives, Libraries, Documentation”.

Post-academic classes have been taught in Margburg since

2012 in the archiving field, including electronic archiving operations.

AUSTRIA9

In Austria there is no school exclusively for the archiving

field, and the archivists go to the University in Vienna and to the

9 www.aesta.gv.at

http://www.aesta.gv.at/

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Austrian History Research Institute subordinated to the University.

Traditionally, since 1927 the archivists with high-school education

have been forced to attend courses at the Austrian History Research

Institute in order to be promoted. The graduation of this Institute has

become since 1980 mandatory for the archivists working at the State

Archives. For becoming a State Archives employee the graduates

have taken since 1977 an exam (hands-on skills and knowledge) in

front of a high-rank archivist who is usually the General Manager of

the State Archives. This exam consists in tests focused on the

Austrian history since 1740, auxiliary sciences, Latin and a language

of the 18-19th centuries plus document filing, digital skills for

operating computers and – a mandatory condition – proficiency in

English. Only after passing the exam an Austrian archivist becomes

the equivalent of the German graduate archivist working for the

German Archives. There are also archivists who are equivalent to the

researcher archivists working for the German Archives, who are

helped by the archivists working for the Superior Service

(Gehobener Dienst) in order to do research and publishing works.

SWITZERLAND10

10

www.bar.admin.ch

http://www.bar.admin.ch/

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In Switzerland, the archivists’ training lasts for 3 years and the

basic training involves the information and documentation at the

Chur Institute of Techniques and Economics and at the Geneva

Institute of Economics. The training takes place in parallel with lots

of hands-on works in libraries, archives or documentary premises.

German and 2 foreign language skills are required. After graduation,

they may attend the master’s program studies in computer sciences,

which last for 3-4 semesters (18 months) and the PhD programs at

various Swiss universities. When completing the studies, they may

occupy positions as information and documentation specialists in

libraries, archives and documentation centres. The bachelor’s degree

shall indicate the studies to be advanced especially for those who

want to become specialists in research.

Moreover, there is an Association of Archivists organizing –

for a certain fee – training courses for registrars with secondary

education.

FRANCE11

The National Archives are organized as a department

subordinated to the Ministry of Culture and carry out their activity

under the Patrimony Code of 2009.

11

www.archivesnationales.culture.gouv.fr.

http://www.archivesnationales.culture.gouv.fr/

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The initial training takes place at the universities including a

department of archives both for the bachelor and the master studies.

For the officers who want to work for the National Archives

the classes organized at L’Ecole Nationale des Chartres or L’Institute

National du Patrimoine are mandatory.

For the other employees in the public and private sectors, the

continuous training is done by attending the classes organized by the

Association of French Archivists. The Association was established in

1904 and has approximately 1600 members in the public and private

sectors.

The Association of French Archivists in collaboration with

Association de Preservation du Site de la Villette (APSV) has been

providing since 2005 training at the level 2 of baccalaureate for the

position of assistant archivist. The training starts with a pre-

qualification phase that takes 4 months, during which time the

training classroom classes alternate with the practicing of the

profession in three different organizations.

In France there is no professional standard but there are job

description elaborated at national level. Therefore, there are job

descriptions for the positions of: expert manager, expert archivist,

assistant archivist, archivist agent.

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In France the archivist has to manage all the phases in the

archiving chain: to collect and file documents, to conserve them and

to communicate them to the public. The archivist has to be both a

good administrator as well as a good decision maker. The following

positions are available:

1. Public state positions:

- Heritage Conservator (Conservateur du patrimoine);

- Documentary Studies Responsible (Chargé d’études

documentaries);

- (National Education and Research) Study Engineer

(Ingénieur d’études) (Education nationale et recherche);

2. Public territorial positions:

- Territorial Heritage Conservator (Conservateur territorial du

patrimoine);

- Heritage Conservation Alternate (Attaché de conservation du

patrimoine);

- Skilled Assistant for Heritage Conservation (Assistant

qualifié de conservation du patrimoine);

- Heritage Conservation Assistant (Assistant de conservation

du patrimoine).

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ITALY12

In Italy, the professional certification for the archivists’

professional qualifications is done by the National Association of

Italian Archivists. As the interest for the certification of this

profession, the National Association of Italian Archivists elaborated

in 2001 the professional certification principles. This certification

complies with certain preliminary conditions regarding the

curriculum, the archivist training and the professional experience

achieved by hands-on work. The working group set a minimum score

that has to be achieved for the qualification certification. Therefore

the certificate has to indicate the competences an archivist should

have in order to carry out his/her activity in a certain specialization.

This process should be reassessed regularly by a scientific committee

made up of independent experts.

GREAT BRITAIN13

In Great Britain there is the Society of Archivists in Great

Britain and Ireland. The archivist’s profession has an occupational

standard including also the curators and was elaborated in 2011; it

12

www.anai.org

13

www.nationalarchives.gov.uk

http://www.anai.org/

http://www.nationalarchives.gov.uk/

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includes the competences a person in charge “with the planning,

development, delivery and management of information and

documents in the public and private sectors" should have.

According to the occupational standard the archivist has the

following duties:

- to implement the basic services for libraries, archives and the

registration of the management decisions;

- to manage the collection contents;

- to provide and maintain the collection contents;

- to provide information and materials;

- to allow users to access the information;

- to support users in developing information culture;

- to provide information for supporting communities;

- to provide information safety and security;

- to develop information services.

The National Archives are organized for England and Whales

and the Society of Archivists in Great Britain is the professional

body unanimously recognized for archivists.

The Society of Archivists in Great Britain has two duties – the

first is to make sure that the programs provide the proper training for

the competences indicated by the occupational standard to be

achieved and the second one is to make sure that the Society and the

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management of each program maintain the proper dialogue and

influence each other, so that each curriculum contributes as much as

possible to the formation of competences that are specific to a model

of archivist well educated and trained.

The archivist’s profession is not being regulated in the Czech

Republic, Spain, Denmark, Germany, Great Britain and Portugal,

therefore the access to this profession consists in the fulfilment of

similar practice conditions applicable to the citizens in the host

countries.

Generally, the archivists have to comply with the Code of

Conduct rules specific to each state or professional association,

which derive from the Archivist’s Deontological Code approved

during the 13th International Congress of Archives, Beijing,

September 6th, 1996.

II. Competence validation / certification procedures

applied by the competent authorities in the countries

where the archivist’s profession is being regulated

Out of the EU countries nominated in the introduction of these

guidelines (the Czech Republic, Spain, the Netherlands, Denmark,

Germany, Great Britain, Italy and Portugal) only in the Netherlands

the archivist’s profession is being regulated.

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For the Netherlands, the profession recognition is done under

Article 33 and Article 36 in the General Law regarding the EC

professional qualification recognition, published in Staatscourant no.

142 dated July 25th, 2008

14. The Ministry of Education, Culture and

Science in the Netherlands (MECSO) is the body having elaborated

the law application norms and according to these norms, for the

regulated professions in the cultural sector, the applicant has to apply

for recognition to the MECSO – i.e. the Diploma Recognition and

Legalisation Department (Dienst Uitvoering Onderwijs) DUO15

.

The competent authority for the recognition of the cultural

professions – including the archivist’s profession – is the Ministry of

Education and Science through the “Management Group”

department. In the Netherlands there are several professions in the

archiving field: state archivist, archivist, regional archive inspector,

municipal archivist, maritime archivist, and all of them require the

recognition of the professional qualification prior to practicing the

profession.

The following documents have to be submitted for recognition

purposes:

14

www.nationalarchief.nl

15

www.duo.nl

http://www.nationalarchief.nl/

http://www.duo.nl/

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- the application filed by the person asking for the recognition

of his/her qualification or the access to the practicing of the regulated

profession, as they are defined by the Archive Act 1995;

- the study documents;

- the procedure for the regulated profession recognition is

detailed step by step on the NUFFIC16

webpage in the Netherlands.

The recognition is done according to the Mandatory General

Regulation WJZ-2008/32760 (4850) [6] which stipulates that the

procedure is as follows: for the permanent recognition of the

profession the education period in the country of origin and the

contents of the curriculum are compared to the possibility of

applying an adaptation stage of maximum one year or a knowledge

test or – as applicable – a new training course. The knowledge test

also involves the payment of an assessment fee. The communication

of the access to the profession following the assessments is done

within maximum two weeks for the knowledge test and within

maximum one month for the assessment of the adaptation stage. The

assessments may be redone without any repeatability conditions.

Regarding the temporary practicing of the profession things

are easier; this means that the relevant competent authority has to be

16

www.beroepserkenning.nl

http://www.beroepserkenning.nl/

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notified and certain justifying documents regarding the expertise in

the provided service category have to be filed.

Regarding the nationals’ linguistic skills in Dutch, they are

to be assessed by the employer so that the employee causes no

prejudice during the provision of the service for not speaking the

language at a proper level.

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III Recognition processes for qualifications achieved in

other EU Member States

3.1 Regarding the recognition of the archivist’s profession

for an European citizen who has obtained the archivist certificate in

another EU Member State and who wants to practice his/her

profession in our country, the employee’s regulation define two

scenarios for the workplace: within the public institutions where

he/she works as a public officer or within the private companies or

public institutions (where he is not employed as a public officer).

Therefore, in order to occupy a position as a public officer,

the candidate has to be a Romanian citizen and has to participate in

the contest where he/she has to prove that he/she has the

competences laid down in the occupational standard and to be

classified in relation to other candidates participating in the contest

(he/she might be a Romanian citizen having obtained the archivist’s

certificate abroad).

For the second case, the national has to hold an archivist’s

certificate issued in the issuing country certifying his/her

qualification without any other restrictions when getting employed

(other than those required by the employer).

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3.2 SOLVIT application

SOLVIT is a problem solving network within which the EU

Member States and other three countries (Iceland, Lichtenstein,

Norway) cooperate without using legal procedures in order to solve

the problems arising due to the inappropriate application by the

public authorities of the legislation regarding the internal market.

SOLVIT deals with the cross-border problems between an

enterprise or a citizen (on one hand) and a public authority (on the

other hand) where there is the possibility that the community

legislation was incorrectly applied. The fields where the problems

are very frequent and where there are complaints to be treated via

SOLVIT are as follows:

• the professional recognition of qualifications and diplomas /

degrees;

• the access to education;

• residency permits;

• the rights to vote;

• the social security;

• the rights to occupy a position;

• the driver’s licenses;

• the registration of motor vehicles;

• the border control;

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• the access of products to the market;

• the access of services to the market;

• settling down as an independent;

• public procurements;

• taxation;

the free movement of capitals and payments;

In each of the EU Member States and the three countries

mentioned above there is a SOLVIT centre providing these services

free of charge.

The contact details for the SOLVIT centre in Romania are:

Guvernul Romaniei, Departamentul pentru Afaceri Europene, Bvd.

Aviatorilor nr. 50A, Sector 1, Bucuresti 011854, Romania, Tel.:

+4021.308.53.60, Fax: +4021.318.55.24, E-mail: [email protected].

The diagram17

for the resolution of the applications filed by

the nationals coming to Romania, who believe they have been

wronged by the incorrect application of the internal market

legislation, is provided in Figure 1.

Any complaint sent via SOLVIT is solved by following four stages:

Stage 1 – the acceptance of the case based on the verification of the

action legality and if the documents included in the application by

17

Romulus BENA, Prezentarea SOLVIT la Conferinta de promovare a

Sistemului IMI PQ NET Romania, Neptun, 2012.

mailto:[email protected]

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the centre of origin are not sufficient, additional documents are

requested;

Fig. 1 Complaint resolution via SOLVIT

Stage 2 – the receipt of the solution: the competent authority

involved in the filed case is contacted and cooperates so that the

proper solution is found pursuant to the European legislation;

Stage 3 – the proposal of the solution (implemented or not),

which has to be real, practical and consistent with the European

legislation;

Stage 4 – the monitoring of the solution if it was not

implemented when making the proposal.

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A case is deemed as having been solved only when the

solution is implemented and solves the application’s problem.

For the Romanian citizens who want to use SOLVIT in an EU

Member State, the contact details regarding the national points and

the contact persons may be found on the European Commission

webpage18

. The EU Member States have to intensify their efforts in

order to make sure that the individuals and companies can effectively

make use of their rights related to the unique market, guaranteeing an

effective application and the execution of the legislation regarding

the unique market by the national courts by providing high-quality e-

governing information, instruments and procedures, as well as by

making investments into mechanisms designed for quick solving of

problems.

The SOLVIT potential is still insufficiently exploited as a key

instrument for solving problems at national / European level, partly

because of the insufficient number of employees working for the

various SOLVIT centres and at the same extent due to the

insufficient information of the European citizens on the competences

of these centres.

18

http://ec.europa.eu/solvit/site/centres/addresses/index.htm#Romania


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IV. The practicing of the archivist’s profession

in the EU

At international level there is the International Council on

Archives (ICA)19

, subordinated to the United Nations Organization

for Education, Science and Culture (UNESCO).

The ICA includes the Section for Archival Education and

Training, with the following duties:

- to promote cooperation between the archival training

institutions;

- to inform the members on the training opportunities;

- to cooperate with other bodies of the ICA for the

elaboration of training tools;

At European level:

The European Board of National Archivists (EBNA)20

– also

known as the “Group of Archive Executives in the EU Member

States”. They meet twice a year in the state holding the EU

presidency and discus strategic issues on the profession,

conservation of electronic documents, digitalization and protection

of archives against disasters.

19

www.ica.org/11653/page.daccueil/accueil.html 20

http://ebna.eu/about-ebna/

http://www.ica.org/11653/page.daccueil/accueil.html


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The European Archives Group (EAG)21

– including

representatives of the EU states archives. This group is in charge

with:

- prevention actions against document theft;

- conservation and prevention of archive destruction;

- encouraging of cooperation regarding electronic documents

and archives;

- creation and management of a portal regarding the EU

archive heritage;

- promotion of good practice under the archive legislation.

The archivist’s profession is part of the international

classification ISCO 08, elaborated by the Geneva International

Labour Organization – archivist and curator – with Code 2621.

At worldwide level, there is a deontology framework for

archivists, which is meant to establish rules of conduct for those

practicing the archivist’s profession. It is designed to familiarize

the new members in this profession with certain basic rules and

also to remind the experienced archivists on their professional

duties so that the public trusts their profession. The term

“archivist”, as it is used in this Code, applies to all those who are in

21

www.ec.europa.eu/archival-policy/eur_arch_group/index_en.htm

http://www.ec.europa.eu/archival-policy/eur_arch_group/index_en.htm

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charge with the control, storage, holding, conservation and

administration of archives and all the specialized institutions

providing archiving services are encouraged to adopt policies and

practices allowing the application of this Code.

4.1 Deontology code22

for the archivist’s profession

1. The archivists have to protect the integrity of the

archives and therefore to make sure that they continue to be a

trustworthy evidence of the past. The archivists’ main duty is to

maintain the integrity of the documents under their care and custody.

While fulfilling this duty they have to take into account the

legitimate and often discordant rights and interests of the past,

present and future employees, of the owners, of the people

mentioned in the documents and of the users. The archivists’

objectivity and impartiality account for their professionalism. They

have to face any pressure wherever it might come from, if it is meant

to dissimulate or distort facts.

2. The archivists have to assess, select and maintain the

archives in their historical, legal and administrative context or

22

The Archival Deontology Code was approved by the 13th

International

Congress on Archives in Beijing, September 6th

, 1996). See “ICA Bulletin”,

no. 47 (1997-1), pp. 22-24 or in “Archive Magazine” no. 2/1997.

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and to comply with the principle of origin, while keeping and

doing such relational original records of the documents.

The archivists have to act pursuant to the generally accepted

principles and practices. The archivists have to fulfil their duties and

functions pursuant to the archiving principles applicable to the

creation, maintenance and determination of the current and

intermediary archive destination, including of the electronic

documents and multimedia, the selection and receipt of documents

for archiving, assuring, protecting, conserving and restoring the

archives they are in charge with, as well as to order, inventory,

publish and prepare them for use. The archivists have to impartially

assess the documents and to base their judgment on advanced

knowledge on the administrative requirements and the acquisition

policies established by their institutions. They have to order and

inventory the documents retained for storage pursuant to the

archiving principles (i.e. the principle of provenance and the

principle of original order) and to the internationally recognized

norms in the short time the available resources allow. The archivists

have to receive the documents pursuant to the objectives and

resources of their institution. They do not have to follow up or to

accept the receipt of documents when such an action would prejudice

the integrity or security of such documents. Moreover, they have to

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cooperate in order to assure the conversation of these documents in

the appropriate warehouses. The archivists have to cooperate so that

the displaced archives are returned to their country.

3. The archivists have to protect the authenticity of the

documents during their processing, conservation and use.

The archivists have to make sure that the archival value of the

documents – including that of the electronic and multimedia

documents – is not impaired by the assessment, ordering and

inventory or conservation and use archival works. Any selection has

to be done pursuant to carefully established methods and criteria.

The replacement of the originals with other formats has to be done

by complying with the legal, informational and intrinsic value of the

documents. If documents subject to restriction use are removed from

filed, this fact has to be notified to the user.

4. The archivists have to always provide the accessibility

and integrity of the archived materials.

The archivists have to select the documents to be kept or

destroyed taking into account mostly the keeping of the essential

evidence indicating a activity of a person or institution having

produced and accumulated document but equally and depending not

eh evolution of the scientific research interests. The archivists have

to be aware of the fact that the acquisition of documents of doubtful

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origin might encourage the illegal trading. They have to cooperate

with other archivists and with the authorized services for the

identification and prosecution of people suspected of having stolen

archive documents.

5. The archivists have to keep records and to be able to

justify their actions on the archived materials.

The archivists have to use effective recording practices during

the entire lifetime of the documents and to cooperate with the archive

creators for the development of new formats and new practice for

information management. They have to be in charge not only with

receiving the existing documents and also to make sure that the

current information and the archive systems include right from the

beginning the proper procedure for storage of valuable documents.

The archivists who negotiate the document transfer with their holders

or officials have to watch over the correct decisions based on full

taking into account – when applicable – of the following factors: the

authority to transfer, donate or sell; the financial arrangements or

benefits; the processing plans; the copyrights and document access

clauses. The archivists have to always keep records informing on the

receipt of documents, their conservation and the entire archiving

work done.

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6. The archivists have to promote the widest access to the

archived documents and to provide impartial services for all

users.

The archivists have to elaborate for scientific information

general instruments as well as specific instruments as fit as possible

to all the documents they manage. They have to provide impartial

advice for everybody and to use the existing resources in order to

provide a balanced range of services. The archivists have to be

courteous and wiling to solve every reasonable request regarding the

funds under their care and to encourage their use as widely as

possible pursuant to the institutional policies, the protection of held

archives, the legal considerations, the individual rights and the

covenants made with the donors. They have to explain the pertinent

restrictions to the potential users. The archivists have to discourage

the unjustified restrictions regarding the access and use and may also

recommend or accept as take-over conditions restrictions clearly

made for a limited timeframe. They have to always watch over and

to impartially apply all the covenants made during receipt and – in

the interest of free access – they have to renegotiate the conditions

when the circumstances change.

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7. The archivists have to provide access to documents as

well as to show respect to the private live and to act within the

limits of the current legislation.

The archivists have to make sure that the life of the

individuals and companies as well as the national security are

protected without destroying the information especially in the case

of electronic documents where the update and deleting operations

represent a common practice. They have to show respect for the

private life of the individuals having created or whose names

appear in the documents, especially of those who have not been

asked about the use or scope of the documents.

8. The archivists have to use the special trust granted to

them for the general interest and to refrain from using their

position in order to obtain inappropriate benefits for them or

for the others.

The archivists have to refrain from activities that might

prejudice the professional integrity, the objectiveness and the

impartiality. They should not obtain benefits – financially or in

another personal way – to the detriment of the institutions, users or

colleagues. The archivists should not collect original documents or

participate in any way in the trade of documents for their own

interest. They have to refrain from carrying out any activities that

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might generate to the public any idea of a conflict of interests. The

archivists may use the archives held by the institution for research

activities and personal publications provided that such an activity

is carried out according to the same rules having been imposed to

the other document users. They should not disclose or use the

information received during their work on the documents to which

access is restricted. They should not accept that their research or

publishing interests interfere with their own professional or

administrative duties they were employed to fulfil. When using the

documents in their institution, the archivists should not use the

researchers’ unpublished findings without notifying them in

advance on their intent to use such work. The archivists may

review and comment on other researchers’ works in their field of

business, including works based on documents held by their own

institution. The archivists should not allow people outside this

profession to become involved in their practice and obligations.

9. The archivists have to aspire to professional

performance by systematically and systematically improving

their archiving knowledge and by sharing the results of their

own research activities and experience.

The archivists have to make efforts for the development of

their professional skills and knowledge in order to be able to

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contribute to the progress of the archiving field and in order to

make sure that the people under their supervision – working or

attending training – are able to fulfil their tasks in a competent

manner.

10. The archivists have to promote the protection and use

of the universally documentary heritage by cooperating with

the members of their own profession or of other professions.

The archivists have to be focused on stimulating cooperation,

avoiding conflicts with their colleagues in the field and solving

difficulties by encouraging respect for the archival norms and

professional ethics. The archivists have to cooperate with the

members of the related professions based on mutual respect and

understanding.

Conclusions

The elaboration of these guidelines has taken into account only

the states targeted by the IMIPQNET Romania project, i.e. the Czech

Republic, Spain, the Netherlands, Denmark, Germany, Great Britain,

Italy and Portugal, although the profession at European level is being

regulated in Bulgaria, Estonia, Greece, the Netherlands, Slovakia and

Slovenia Bulgaria, Estonia, Greece, the Netherlands, Slovakia and

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Slovenia. Therefore, the guidelines include references on the

recognition of qualification only for the Kingdom of the Netherlands

where the profession is being regulated. For the other targeted

countries where the profession is not being regulated the guidelines

provide only information on the profession status.

Regarding the current situation in Romania, as shown in

Chapter 1, the archivist’s profession is undergoing major

transformations, meaning that the Law no. 138/2013 for the

amendment and completion of the National Archive Law no.

16/1996, published in the Official Gazette, Part I no. 253 dated May

7th, 2013 has been recently published, and the “Methodology for the

unitary application of the provisions laid down in the Law no.

138/2013 for the amendment and completion of the National Archive

Law no. 16/1996” is still a project on the date of these guidelines.

Based on the new regulations, the National Archives may

authorize business operators providing archiving services: storage

and conservation, restoration, archiving and binding, archival

processing. Therefore the “Methodology for the unitary application

of the provisions laid down in the Law no. 138/2013” shall provide

extremely clear procedures for each archiving services with reference

to the authorization, renewal, suspension and withdrawal of the

authorization for the business operators providing archiving services.

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At national level, the business operators shall be recorded in

the “Register for business operators providing archiving services”

including contact detailed to be posted online too, provided that the

regulations on free access to information of public interest are

complied with.

In the public institutions, the archivist may be employed as a

public officer and he/she shall be bound to the Law no. 188/1999

regarding the Status of public officers, updated by the Law no.

2/2013. In the private companies and in the public institutions (where

he/she is not employed as an officer), the archivist caries out his/her

activity based on an individual employment contract and his/her

employment is done in compliance with the Romanian labour

legislation.

In the Kingdom of Netherlands the archivist’s profession is

part of the cultural professions’ category and the competent authority

is the Ministry of Education and Science. The recognition is done

based on a procedure strictly complying with the Dutch regulations

for the implementation of Directive 36/2005 on the recognition of

professional qualifications.

At European level, there are powerful professional

associations that meet regularly for the improving of the archiving

activity. The archivist’s profession is found in every state of the

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world and is based on a framework Code of Conduct elaborated at

international level and shown in Chapter 4 in these guidelines. The

compliance with the Code of Conduct is a necessary condition for

the activity to be carried out pursuant to the worldwide best practice.

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Bibliographic sources:

1. Romulus BENA, Prezentarea SOLVIT la Conferinta de

promovare a Sistemului IMI PQ NET Romania, Neptun, 2012;

2. Code of ethics, in “ICA Bulletin” no. 47 (1997-1), pp. 22-

24

3. Archivist’s Deontological Code, in “Archive Magazine”, nr

2/1997;

4. Occupational standard for the archivist’s profession, on

www.anc.edu.ro/uploads/SO_B/archivist.pdf;

5. National Archive Law no. 16/1996, published in “O.G.”,

Part I no. 71 dated April 09th, 1996;

6. Law no. 358/2002 amending and completing Law no.

16/1996, published in “O.G.”, Part I, no. 476 dated July 03rd

, 2002);

7. Urgency Ruling no. 39/2006, amending and completing

Law no. 16/1996, published in “O.G.”, Part I, no. 486 dated June

05th, 2006);

8. Law no. 474/2006, amending and completing Law no.

16/1996, published in “O.G.”, Part I, no. 1016 dated December

21st, 2006,

9. Law no. 138/2013 amending and completing the National

Archive Law 16/1996, published in “O.G.”, Part I no. 253 dated

May 7th, 2013;

10. Law no. 188/1999 regarding the Status of public officers,

republished in “O.G.”, Part I, no. 365 dated May 29th, 2007;

11. Law no. 2/2013 on the update of the Status of public

officers, published in “O.G.”, Part I no. 89 dated February 12th,

2013;

http://www.anc.edu.ro/uploads/SO_B/archivist.pdf

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12. Regulation on the organization and performance of the

exam for promoting to the public officer category, published in

“O.G.”, Part I no. 8 dated January 06th, 2010;

13. http://ec.europa.eu/solvit/site/centres/addresses/index.htm

#Romania

14. http://ebna.eu/about-ebna/

15. www.aesta.gv.at

16. www.anai.org

17. www.archivesnationales.culture.gouv.fr.

18. www.arhivelenationale.ro

19. www.bar.admin.ch

20. www.beroepserkenning.nl

21. www.bundesarchivesde/index.html.de

22. www.dgarq.gov.pt

23. www.duo.nl

24. www.ec.europa.eu/archival-

policy/eur_arch_group/index_en.htm

25. www.ica.org/11653/page.daccueil/accueil.html

26. http://www.ib-groep.nl/Images/ Erkenning_ EG-

beroepskwalificaties_cultuurberoepen_tcm7-20343.pdf

27. www.nationalarchief.nl

28. www.nationalarchives.gov.uk




http://www.aesta.gv.at/

http://www.anai.org/

http://www.archivesnationales.culture.gouv.fr/

http://www.arhivelenationale.ro/

http://www.bar.admin.ch/

http://www.beroepserkenning.nl/

http://www.bundesarchivesde/index.html.de

http://www.dgarq.gov.pt/

http://www.duo.nl/



http://www.ica.org/11653/page.daccueil/accueil.html

http://www.ib-groep.nl/Images/

http://www.nationalarchief.nl/

http://www.nationalarchives.gov.uk/

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List of acronyms used

IMI – Internal Market Information System;

IMI PQ NET Romania – the project called “Creation and

consolidation of the IMI network for the Professional Qualifications

in Romania";

NA – the National Archives;

UE – the European Union;

COR – the Romanian Occupational Classification;

MECSO – the Ministry of Education, Culture and Science in

the Netherlands (MECSO);

NUFFIC – the National Centre for Equivalence and

Recognition of Diplomas in the Netherlands

SOLVIT – The network financed by the European

Commission for supporting the citizens and enterprises if there is a

dispute between them and an official body in any of the EU Member

States;

ICA – the International Council on Archives;

UNESCO – the United Nations Organization for Education,

Science and Culture;

EBNA – the European Board of National Archivists (the

Association of Executives in the National Archives);

EAG – the European Archives Group;

ISCO 08 – the International Standard Classification of

Occupations;

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Documents

Archivist