The European Union THE ROMANIAN GOVERNMENT THE MINISTRY OF LABOUR,
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The European Social Fund
POS DRU 2007-2013
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0
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
ETS-ANC: Prof.univ.dr.ing. Sirbu Alexandrina
Date: June 29th, 2013
CERTIFICATION AND RECOGNITION
GUIDELINES FOR BAKER/ CONFECTIONER/
PASTRY MAKER
Author:
Prof.univ.dr.eng. Sirbu Alexandrina
2013
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1
Table of Contents
Introduction 2
I. Regulation status for the professions of baker, pastry
maker and confectioner in Romania and in other
Member States of the European Union and of the
European Economic Area
4
II. Skills validation / certification procedures for the
bakers - pastry makers - confectioners in Romania
and in other Member States of the European Union
where the professions are being regulated
18
III. The recognition processes for the qualifications
achieved in other EU Member States
38
IV. The exercising of the baker, pastry maker and
confectioner professions in the European Union
48
Conclusions 52
Selective Bibliography 54
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Introduction
The EU citizens have the right to free movement of people
within the European Economic Area for work, and the access to
exercise certain professions within the internal market is regulated.
In the European Union and in the European Economic Area certain
regulations apply to the recognition of the professional qualifications
for the exercising of the regulated professions for indefinite or
definite terms, for the provision of services, for the posting of works,
etc.1 Obviously, the access of a national to the labour market depends
on the type of the profession in relation to the particularities of the
national legislation.
Pursuant to the specific objectives of the project “The Network
of Competent Authorities for Professional Qualifications in
Romania” (IMI PQ NET)2, under which this Certification and
Recognition Guidelines for the professions / occupations of baker,
pastry maker and/or confectioner has been drawn up. The goal of
these Guidelines is as follows:
1 The IMI Regulation (EU) no. 1024/2012, the Directive regarding the professional
qualifications 2005/36/EC, Directive 2006/123/EC regarding the services, Decision
2009/739/EC regarding the administrative cooperation through the IMI for the Directive
regarding the services, Directive 96/71/EC regarding the posting of workers, Recommendation
2001/893/EC regarding SOLVIT (http://ec.europa.eu/internal_market/imi-
net/important_documents_ro.html) 2 http://www.imipqnet.ro/ro/despre-proiect/, accessed in June 2013
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The improvement of the transfer of information among the
social partners interested in the qualifications in the food
industry and the consolidation of the multi-sectoral
partnerships created through the IMI PQ NET project;
The support from the competent authorities in Romania, which
might be interested in the regulation of these professions in
Romania through information in relation to the practices used
in other states of the European Union / European Economic
Area;
The information of people who have achieved qualifications
in the food industry (industry and/or restoration) in Romania
and who want to practice that profession / occupation in any
of the European Member States shown in the Guidelines.
The selection of the baker, pastry maker and/or confectioner
jobs as a study object for the elaboration of these Guidelines is
justified by the mobility of the Romanian workers on the internal
market in the specific economic sectors, as well as by the profession
type.
The Guidelines have a standard structure and are done
according to the Methodology for the elaboration of certification and
recognition guidelines per professions, which is established as part of
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the project mentioned above. For the application of the guidelines
regarding the professions of baker – pastry maker – confectioner
research has been conducted through a documentary study (European
legislation, national regulations, occupations, etc.) for the professions
in question in each individual country, information has been
collected and processed from the economic sectors3 in Romania, and
the obtained results have been put to value through a study visit to
Germany.
The starting point was the comparative analysis conducted for
Romania and other eight Member States of the European Union
(Austria, the Czech Republic, Denmark, Germany, Italy, Great
Britain, the Netherlands and Spain)4, and also by analyzing the
regulation status for the professions in the other countries of the
European Union, of the European Economic Area and of the Swiss
Confederation. In this context, special attention has been paid during
the elaboration of the work to the certification and recognition of the
qualifications in the following countries: Romania, Austria, the
Czech Republic and Germany.
3 The food industry, restoration / hospitality industry 4 Established under the project “The Network of Competent Authorities for
Professional Qualifications in Romania” – IMI PQ NET
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I. Regulation status for the professions of baker, pastry
maker and confectioner in Romania and in other
Member States of the European Union and of the
European Economic Area
For an economic activity to be carried out on the internal market
under the conditions of the free movement of the European workers,
a national should be familiar with the conditions applicable to the
access for exercising a profession in a host country provided that
he/she has obtained the professional qualification in a different
(origin) member state.
The general information regarding the profession type –
regulated or non-regulated – the national legislation applicable for
the assurance of the access to the labour market, the conditions
applicable to the exercising of the profession in the host country etc.
could be obtained from the unique / national points of contact or by
directly contacting the competent authorities in the host country. The
list of the contact points is available on the webpage dedicated to the
professional qualifications in Europe at the following address:
http://ec.europa.eu/internal_market/qualifications/contactpoints/index.htm .
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We shall refer below to three jobs that are part of the same
occupational area in different countries i.e.: baker, pastry maker and
confectioner. The bakers, the pastry makers and the confectioners
prepare (produce) various types of bread and other bakery products,
flour products (including pastry making), products made of /
containing chocolate, cakes and other confectionery products.
In Romania, this group of occupations includes: bakers, pastry
makers, operators making frozen pastry and bakery products,
confectioners and also people making semi-finished products and
dishes.5 The same category of workers in other countries include:
bakers, pastry makers, baker-pastry makers, confectioners, baker-
confectioners or pastry maker-confectioners.
Table 1 shows the regulation status for the professions
corresponding to the baker, pastry maker and confectioner jobs in
other Member States of the European Union or of the European
Economic Area, together with the following data:
the name of the professions / occupations of baker, pastry
maker and confectioner (in the country of origin / database in the
information system of the internal market and in Romanian),
5 According to the Classification of Occupations in Romania (COR)
(http://www.mmuncii.ro/nou/index.php/ro/munca/c-o-r, last accessed on June 4th,
2013)
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the professional competent authorities corresponding to each
Member State where the professions mentioned above are being
regulated,
the recognition regime and the Qualification Level pursuant to
Directive 2005/36/EC regarding the recognition of the
professional qualifications.
In Romania there is no regulatory act applicable to these jobs.
Moreover, Law no. 200/ 2004 regarding the recognition of the
diplomas and of the professional qualifications for the professions
regulated in Romania lays down that the activities carried out by
self-employed working in the manufacturing industry (professing
and craft industries), including the food industry, are not subject to
this law. In conclusion, the baker/ pastry maker/ confectioner
professions are not regulated in Romania.
As we can see in Table 1, the baker, pastry maker and/or
confectioner jobs are part of the category of regulated professions in
the following countries: Austria, Belgium, the Czech Republic,
France, Germany, Iceland, Liechtenstein, Slovakia and Hungary.
In order to exercise a regulated profession in any of these
countries one should have his/her skills validated or certified for the
professional recognition of the qualification and for his/her access to
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the labour market. The recognition of the professional qualifications
obtained in EU Member States other than the host country complies
with the provisions laid down in Directive 2005/36 regarding the
recognition of the professional qualifications.
In countries such as Denmark, Italy, Great Britain, the
Netherlands and Spain the baker – pastry maker – confectioner jobs
are not regulated.
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Table 1. Regulation status for the baker/ pastry maker/ confectioner professions / jobs in other Member
States of the European Union / the European Economic Area6
Name of
profession
Member
State
Competent Authority
Recognition
acc. to
Directive
2005/36/EC
(national
legislation)
Qualification
Level
acc. to Directive
2005/36/EC
Bäcker /
Baker
Austria The Federal Ministry for Economics, Family and Youth
Bundesministerium für Wirtschaft, Familie und Jugend
Stubenring 1, Abteilung I/3
1010 Wien
Phone: +43-1 71100
Fax: +43-1 7142718
Email: [email protected]
URL: www.bmwa.gv.at
The
recognition of
the
professional
experience /
Annex IV –
automatic
recognition
Not defined
6 Done based on the processed data in the internal market information system (http://ec.europa.eu/internal_market/qualifications/regprof/index.cfm)
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Konditoren
(Zuckerbäcke
r)
einschließlic
h der
Lebzelter
und der
Kanditen-,
Gefrorenes-
und
Schokoladew
arenerzeuger
(verbundenes
Handwerk)/
Confectioner
Austria The Federal Ministry for Economics, Family and Youth
Bundesministerium für Wirtschaft, Familie und Jugend
Stubenring 1, Abteilung I/3
1010 Wien
Phone: +43-1 71100
Fax: +43-1 7142718
Email: [email protected]
URL: www.bmwa.gv.at
The
recognition of
the
professional
experience /
Annex IV -
automatic
recognition
Not defined
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Boulanger-
patissier /
Brood- en
banketbakker
/ Baker -
Confectioner
Belgium The FPS Economy, SMEs, Self-Employed and Energy
FOD Economie, Middenstand en Energie, Bestuur voor
het KMO-Beleid, Afdeling reglementering K.M.O.
WTC III, Simon Bolivarlaan 30 26e verdieping
1000 Brussel
+32 2 277 70 97/ Fax: +32 2 277 53 65
The
recognition of
the
professional
experience /
Annex IV -
automatic
recognition
Not defined
Pekařství,
cukrářství/
Baker /
Pastry maker
/ Baker and
flour product
making
worker
The Czech
Republic
The Ministry of Industry and Trade
Ministerstvo průmyslu a obchodu Na Františku 32, Staré Město
110 15 Prague
Phone: +420 224 851 111
Fax: +420 224 811 089
Email: [email protected]
URL: www.mpo.cz
The
recognition of
the
professional
experience /
Annex IV -
automatic
recognition
ATT-
Certificate of
competency
(acc. to art. 11a)
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Boulanger-
patissier/
Baker-pastry
maker-
confectioner
France The list of the competent authorities is available on the
website at the following address:
212.43.237.181/cferm/annuaires/portail/index.html 1
Source: Regulated professions database, France
(http://ec.europa.eu/internal_market/qualifications/regprof/index.cfm?action=regprof&id_regprof=143
07&tab=ca), May 2013
The
recognition of
the
professional
experience /
Annex IV -
automatic
recognition
SEC –
Certificate
confirming the
completion of a
secondary study
cycle (acc. to
art. 11b)
Bäcker /
Baker
Germany The Chambers of Handicrafts in the German States
Handwerkskammern in Deutschland
(addresses available at:
http://ec.europa.eu/internal_market/qualifications/regprof/ind
ex.cfm?action=view_document&id_document=172
The
recognition of
the
professional
experience /
Annex IV -
automatic
recognition
DSE - Post-
secondary
education
diploma, incl.
Annex II (ex
92/51, Annex C,
D), art. 11c
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Konditoren/
Confectioner
-Pastry
maker
Germany The Chambers of Handicrafts in the German States
Handwerkskammern in Deutschland
(addresses available at:
http://ec.europa.eu/internal_market/qualifications/regprof/ind
ex.cfm?action=view_document&id_document=172
The
recognition of
the
professional
experience /
Annex IV -
automatic
recognition
DSE - Post-
secondary
education
diploma, incl.
Annex II (ex
92/51, Annex C,
D), art. 11c
Bakaraiðn /
Baking /
Baker
Iceland The Ministry of Industry
Ministries of Industry
Arnarhváli
150 Reykjavik
Email: [email protected]
URL: www.idnadarraduneyti.is
The
recognition of
the
professional
experience /
Annex IV -
automatic
recognition
Not defined
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Bäcker-
Konditor /
Baker and
pastry cook /
Baker and
pastry maker
Liechtenstein The Office of National Economy
Amt für Volkswirtschaft
Gerberweg 5
9490 Vaduz
Phone: +423 236 68 71
Fax: +423 236 68 89
Email: [email protected]
URL: www.llv.li/amstsstellen/llv-avw-home.htm
The
recognition of
the
professional
experience /
Annex IV -
automatic
recognition
Not defined
Konditor-
Confiseur /
Confectioner
and pastry
cook /
Pastry maker
-confectioner
Liechtenstein The Office of National Economy
Amt für Volkswirtschaft
Gerberweg 5
9490 Vaduz
Phone: +423 236 68 71
Fax: +423 236 68 89
Email: [email protected]
URL: www.llv.li/amstsstellen/llv-avw-home.htm
The
recognition of
the
professional
experience /
Annex IV -
automatic
recognition
Not defined
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Výroba
pekárenských
a
cukrárenskýc
h výrobkov /
Baker- pastry
maker
Slovakia The Ministry of Education of the Slovak Republic
The Ministry of Education, Centre for Recognition of
Evidence of Education
Ministerstvo školstva SR, Stredisko na uznávanie
dokladov o vzdelaní
Stromová 1
813 30 Bratislava 1
Phone: +421 2 654 26521
Fax: +421 2 654 26521
Email: [email protected]
URL: www.minedu.sk
The
recognition of
the
professional
experience /
Annex IV -
automatic
recognition
Not defined
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Cukrász /
Confectioner
/
Confectioner
Hungary The Educational Authority, Hungarian Equivalence and
Information Centre
Oktatási Hivatal, Magyar Ekvivalencia és, Információs
Központ Szalay utca 10-14.
1055 Budapest
Phone: +36 1 374 2201
Fax: +36 1 374 2492
Email: [email protected]
URL: www.professionalrecognition.gov.hu
The
recognition of
the
professional
experience /
Annex IV -
automatic
recognition
Not defined
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Regarding the legal framework setting out the conditions for
the recognition of the qualification and for the exercising of the
regulated professions, the national regulations in the Member States
have been harmonized with the provisions laid down in Directive
2005/36/EC regarding the recognition of the professional
qualifications, by the proper amending and completion of the
national legislative documents. Table 2 shows the general
information on the legislative framework in the Member States of the
European Union or of the European Economic Area, where the
proper professions for the exercising of the baker/ pastry maker/
confectioner jobs are being regulated.
Table 2. The legislative framework regarding the organization and
the exercising of the baker/ pastry maker/ confectioner jobs in the
European states where the respective professions are being regulated
Member State Specific National Legislation Austria Trade Act 1994 Belgium The royal decree dated January 14
th, 1993 for
the establishment of the conditions applicable
to the exercising of the professional activity
of baker-confectioner in SMEs, in trade and
crafts. The Czech
Republic Law no. 455/1991 for the issue of licenses
and trade (Sections 6, 7, 8, 21, and 22), with
current amendments France 1. Law no. 96-603 dated July 5
th, 1996
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Member State Specific National Legislation regarding the development and promotion of
trade and crafts 2. Decree no. 98-246 dated April 2
nd, 1998
regarding the professional qualifications
necessary for the carrying out of the activities
laid down in Article 16 in Law no. 96-603
dated July 5th, 1996 regarding the
development and promotion of trade and
crafts. Germany Law no. 30 Annex A regarding the Crafts
Code Iceland The Industrial Act 42/ 1978 and the
Regulation no. 940/1999 regarding the
regulated industrial professions Liechtenstein not given Hungary Decree no. 5/1997. IKIM regarding the
qualifications necessary for certain industrial,
commercial and tourism activities
As in several EU Member States the professions for the baker –
pastry maker – confectioner jobs are not being regulated, the actual
mobility of workers is difficult to be made in real time. Most of the
times, the labour demand in a given Member State is being
quantified.
Regarding certain employers’ associations in the field, the
number of workers in the sector is estimated, without clear records
on their citizenship or country of origin. However, the database in
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the internal market information system includes statistics7 regarding
the geographical mobility of the workers for the exercising of the
regulated professions in the field.
Pursuant to the statistics in the Internal Market Information
System (IMI), the most attractive host countries in the European
Union (i.e. they have received the highest number of residency
applications) for the baker - pastry maker jobs have been Belgium
(48%), Germany (34%) and France (6%). If we take into account the
nationals’ countries of origin8, the first positions are occupied by
France (29%), Italy (18%) and the Netherlands (13%) regarding the
number of applications for the recognition of the qualification in
order to settle down in that country. The craftsmen have also asked
for the recognition of their qualification for the exercising of the
baker and/or pastry maker regulated professions in countries such as:
Poland (10%), Bulgaria (9%), Germany (6%), Belgium (4%), Greece
(3%), Romania (3%) etc.9
7 Regarding the number of applications / decisions made for the recognition of the
professional qualifications 8 The place where they obtained the qualification 9http://ec.europa.eu/internal_market/qualifications/regprof/index.cfm?action=profession&id_pr
ofession=12142&tab=origin1 , accessed in May 2013
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II. Skills validation / certification procedures for the
bakers - pastry makers - confectioners in Romania and
in other Member States of the European Union where
the professions are being regulated
The professional skill certification process is performed in
compliance with certain basic principles such as:
the skill certification is an optional process, not a mandatory
one. There are institutional policies asking for the
certification of its members’ skills as a requirement for them
to be part of the organization;
the entire professional skill is being certified;
the assessment of the professional skills may be done by the
same organization that has certified the skills or by another
organization;
The professional skill certification is a process separated
from the professional training but the training centres may
facilitate the professional skill certification process through
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partnerships and agreements with the skill certification
organizations.
For the practical professional skill certification, procedures
establishing the concrete ways for the certification process to be
carried out are being applied so that the provided standard
requirements are being met (in acts, legislation etc.).
As far as the exercising of the regulated professions is
concerned, the skill certification and the baker / pastry maker/
confectioner qualification recognition are mandatory processes in
Austria, the Czech Republic and Germany. Whereas the bakers,
pastry makers and confectioners have professional duties with
significant social and economic effects as far as food safety, public
health and consumer protection are concerned, most of the European
countries ask the workers in the relevant fields to prove their
professional qualification, which means that the nationals have to
have qualifications certified by a Certificate of competency, a
qualification title and/or professional experience.
As seen in Table 1, the levels of qualification and the
description of the qualifications vary significantly among the
countries. In order to describe the results of learning in terms of
knowledge, skills and competences, a multilingual classification is
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now being elaborated throughout the European Union for European
skills, qualifications and occupations (ESCO - European
Skills/Competences, qualifications and Occupations), which
organizes relevant concepts on the European labour market and in
the education / training fields. The starting point for the ESCO
development is the EURES classification, which is now being used
on the European mobility portal for labour employment - EURES10
.
The ESCO classification of European skills, qualifications and
occupations shall provide a joint terminology to be used for a better
implementation of the currently used tools, i.e. the European
Qualifications Framework (CEC/ EQF), the national qualification
frameworks (CNC), as well as the European systems for gathering
and transferring of credits in the higher education (ECTS) and the
occupational education and training (ECVET). Moreover, the ESCO
classification wants to support the new tools for the validation of the
non-formal and informal education, which are not being introduced
throughout Europe. Regarding the identification and description of
the skills, qualifications and occupations for the bakers, pastry
makers or confectioners in Europe, they are part of the ESCO
10 EURES provides information on the and education offers in Europe
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classification under the category of “Manufacturing of food,
beverages and tobacco” (ESCO).
Figure 1 shows the relation between the labour market and the
training offer.
Figure 1. Relation between the labour market and the training offer
1. The skill formation, validation and certification for the
certification of the baker / pastry maker / confectioner
qualifications in Romania
In Romania, as well as in other Member States of the European
Union where certain professions are not being regulated, the
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professional skill validation or certification and the certification of
the qualification and professional experience may be requested.
The baker – pastry maker - confectioner qualifications in
Romania are consistent with Levels 1 and/or 2 according to the
National Qualification Framework (CNC, 2005) (see table 3).
Table 3. Qualification Level consistent with the baker/ pastry maker/
confectioner qualifications in Romania11
No. Qualification Name Qualification
Level
1. Baker 1
2. Pastry maker 1
3. Confectioner 1
4. Pretzel maker 1
5. Milling – bakery worker 1
6. Baker– pastry maker - flour product
maker 2
7. Confectioner - pastry maker 2
The Qualification Level 3 (according to the National
Qualification Framework) is consistent with the qualification as a
bakery technician – flour products manufacturing, which is obtained
11 Source:
http://www.mmuncii.ro/pub/imagemanager/images/file/NCalificari/NomCalificari_
Tabel5.pdf , accessed in May 2013
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after graduating from the specialized high school (the technological
section).
The peoples’ training in view of obtaining the qualifications of
baker – pastry maker – confectioner consists in a training program in
the relevant field, the duration and the way of occupational training
and the contents of the training courses being adapted to the
qualification level. (see table 4).
Table 4. Access conditions and training program for the baker/ pastry
maker/ confectioner qualifications in Romania
Qualification
Name General Access
Conditions Training
Program Baker Studies of at least 8
grades, minimum
specific skills and
competences in the
field, health certificate
Class training 120
hours Hand-on training
240 hours Overall training
duration = 360
hours
Pastry maker
Confectioner
Pretzel maker
Baker– pastry
maker – flour
product maker
Studies of at least 10
grades, minimum
specific skills and
competences in the
field, health certificate
Class training 240
hours Hand-on training
480 hours Overall training
duration = 720
hours
Confectioner -
pastry maker
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There occupational standards corresponding to the baker –
pastry maker – confectioner professional qualifications, standards
that are classified into fields and subfields, as shown in Table 5.
Table 5. Occupational standards for the baker/ pastry maker/
confectioner generic qualifications in Romania
Occupational
Standards
Fields Subfields / qualification Food, beverage and
tobacco industry 2. Confections
preparation operator 5. Baker 18. Frozen pastry and
bakery products operator 9. Flour products operator 22. Pastry maker
Tourism, hotels,
restaurants 5. Confectioner - pastry
maker 32. Pizza maker
Usually for these jobs, the training, assessment and certification
of the professional skills are done outside the national education
system, the professional qualification being the result:
a) of the continuous training organized by enterprises / training
centres within the ministries, before December 1989 – qualification
certificates used to be issued;
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b) of the graduation of training programs organized by the
employment and social protection departments / the employment
agencies in Bucharest or counties, between 1990 – December 2003;
c) of the graduation of training programs organized by
authorized training service providers, starting with January 2004 –
qualification / graduation certificates are being issued;
d) of the assessment of the professional skills achieved in ways
other than the formal ones, a process organized by skill assessment
centres – professional skill certificates are being issued.
The people who may ask for the assessment of the professional
qualification for the certification / confirmation of the baker – pastry
maker – confectioner skills in Romania are the Romanian citizens or
the citizens in other Member States of the European Union or of the
European Economic Area, who:
have training and professional experience achieved in
Romania outside the national education system,
hold a foreign / abroad recognized pre-university education
certificate / study documents issued by a pre-university education
unit operating in or recognized by Romania – for non-regulated
professions;
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want to carry out professional activities in the economic
sectors in the field, as self-employed or as employees, in Romania
or in a EU Member State.
The legal framework for the certification of the professional
qualifications regarding the said occupational field includes the
following acts:
1. Order no. 51/2007 issued by the Minister of Labour, Social
Solidarity and Family for the approval of the Procedure for
qualification attestation – training and professional experience
– achieved in Romania, outside the national education system,
by the Romanian citizens who want to carry out their activity
as self-employed or as employees in a EU Member State;
2. Order no. 701/2003 issued by the Minister of Labour, Social
Solidarity and Family for the appointment of the unit that
automatically recognizes the documents proving the
qualification achieved abroad, outside the education system,
by the Romanian citizens or by citizens of the EU Member
State or of the states in the European Economic Area;
3. Order no. 3199 / 2012 issued by the Minister of Education,
Research, Youth and Sport for the approval of the
Methodology regarding the issue – for the professions not
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regulated in Romania – of the certificate of study conformity
with the provisions laid down in Directive 2005/36/EC of the
European Parliament and of the Council, dated September 7th,
2005 regarding the recognition of the professional
qualifications;
4. Order no. 3075 / 2008 issued by the Minister of Education,
Research and Youth regarding the approval of the procedure
for the professional recognition of the professions not
regulated in Romania.
The competent authority for the attestation / recognition of the
baker/ pastry maker/ confectioner professional qualifications
achieved outside the national education system in Romania is the
Ministry of Labour, Family, Social Protection and Elderly (the
former Ministry of Labour, Social Solidarity and Family). The
procedure for the attestation of the professional qualification
achieved in Romania, outside the national education system, by the
Romanian citizens who want to carry out their activity as self-
employed or as employees in an EU Member State consists in the
same stages as the certification of the regulated professions. The file
compiled by the applicants is submitted at the county / Bucharest
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employment divisions and the documentation shall include the
following:
a) the standard application requesting the issue of the certificate;
b) the ID Card (copy and original);
c) the document confirming the achieved qualification (the
qualification / graduation certificate, the certificate issued for
workers promoted at their workplace, the professional skills
certificate, etc.) (copy and original);
d) the resume,
e) at least one letter of recommendation from the employer / people
who are relevant for the obtaining of the requested attestation.
The applications are usually solved within 30 days since their
registration date. If the application is rejected, the decision not to
issue the certificate is communicated and justified in writing.
The certificates are issued by the county or Bucharest
employment divisions. The certificates are special documents
bearing unique series and numbers.
The Ministry of Labour, Family, Social Protection and Elderly
– the Employment Division (the former Ministry of Labour, Social
Solidarity and Family) is the competent authority for the issue of the
certificates for automatic recognition of the professional qualification
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achieved abroad, outside the education system, by the Romanian
citizens or by the citizens of the EU Member States / the European
Economic Area12
, who want to carry out economic activities in
Romania. The procedure for the issue of this certificate is similar –
as an algorithm – to the procedure for the regulated profession
certification. The aplicant has to submit a file with the Registration
Office of the Ministry of Labour, Family, Social Protection and
Elderly and the said file has to include the following documents:
a) an application in Romanian (including the applicant’s contact
details);
b) a copy of his/her ID Card;
c) a copy of his/her birth certificate, translated into Romanian and
legalized;
d) the document confirming the qualification achieved abroad (in
original and one copy translated into Romanian and legalized);
e) the proof of the recognition of the applicant’s qualification
document, issued by the competent authority in a Member State of
12 Order no. 701/2003 issued by the Minister of Labour, Social Solidarity and
Family for the appointment of the unit that should automatically recognize the
documents proving the qualification achieved abroad, outside the education system,
by Romanian citizens or by citizens of other Member States in the European Union
and of the states belonging to the European Economic Area
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the European Union or of the European Economic Area (in original
and one copy translated into Romanian and legalized);
The said application has to be solved within 30 days since the
date of its registration if the file is complete and if the analysis of the
file indicates no irregularities regarding the filed documents. The
rejection of the application and the reasons for such a decision shall
be communicated in writing within the said term and the decision not
to issue the certificate may be legally challenged at the relevant
court.
The qualification recognition certificate issued by the Ministry
Division shall be recorded in a register. The qualification recognition
certificates shall be issued for the professions / occupations in the
following categories of activity where a baker / pastry maker /
confectioner may be allowed to work:
bread baking, fresh pastry baking;
baking of biscuits, biscotti and other similar products;
making cacao, chocolate and sugary products.
The citizens of other Member States of the European Union or
of the European Economic Area, who have studied in Romania, may
ask for the issue of a certificate of conformity for them to exercise a
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profession that is not regulated in Romania, but that is regulated in
another Member State.
The National Centre for Recognition and Equivalence of
Diplomas (CNRED) is the competent authority in Romania
with duties in the recognition of diplomas and certificates (in
the education system) for occupational purposes for the
applicants to have access to the labour market for the non-
regulated professions.
Therefore, the National Centre for Recognition and
Equivalence of Diplomas (CNRED) certifies the studies graduated in
the formal education system and the professional rights conferred to
the diploma holders in view of the issue of a study conformity
certificate13
for the Romanian citizens and for the citizens of the
Member States of the European Union or of the European Economic
Area, who have studied in Romania and who want to exercise a
profession that is not regulated in Romania, but that is regulated in
13 Order no. 3199 / 2012 issued by the Ministry of Education, Research, Youth and
Sport for the approval of the Methodology regarding the issue – for the professions
that are not regulated in Romania – of the certificate of conformity of the studies
with the provisions laid down in Directive 2005/36/EC of the European Parliament
and of the Council dated September 7th, 2005 regarding the recognition of the
professional qualifications
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other European states. The following documents shall be filed for the
issue of the certificate of conformity:
the application form – filled out;
a legalized copy of the study document for which the issue of
the certificate of conformity is being requested (diploma,
certificate / Certificate of competency etc.);
the study document authenticity certificate issued by the issuing
education unit;
a legalized copy of the appendix to the study documents
(official transcript);
a copy of the previous diploma or official transcript if the
certificate of conformity is to be issued for the complementary,
apprenticeship or vocational school education certificate;
a copy of the personal identification documents (if applicable);
a copy of the payment receipt (RON 20 / for the file
assessment).
The National Centre for Recognition and Equivalence of
Diplomas (CNRED) is also the competent authority for the
professional recognition of the professions not regulated in
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Romania14
, which apply to the Romanian citizens who have studied
abroad and who have achieved their professional experience in the
EU Member States through the accredited education system. The
documents needed for the recognition of the education are as
follows: the standard application; a copy of the study document to be
recognized (including legalized translations); a legalized copy of the
school documents referring to the studies done before leaving the
country; the recognition application issued by the employer; a
document confirming the professional experience; a copy / legalized
translation of the personal identification documents (if applicable).
The analysis of the professional recognition file and of the
school documents is meant to identify whether or not the studies
done by the professionally mobile applicant are compatible with the
professional qualifications in Romania, according to the criteria laid
down in the procedure14
(if they are not, compensations shall apply
or the application shall be rejected). The recognition procedure takes
place within 15 days since the date when the complete file is
submitted.
14
The Order no. 3075 / 2008 issued by the Ministry of Education, Research and
Youth regarding the approval of the procedure for professional recognition of the
professions not regulated in Romania
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2. The professional skill certification or validation for the baker /
pastry maker / confectioner qualifications in other EU Member
States where the professions are being regulated (Austria, the
Czech Republic, Germany)
The professional skill certification is necessary for the
recognition of the professional baker – pastry maker – confectioner
professional qualifications in the EU countries where these
professions are being regulated, i.e.: Austria, the Czech Republic and
Germany. The professional skill validation / certification procedure
for the professions regulated in the EU Member States consists in the
following stages:
1. A person (commission) has to be appointed on behalf of the
competent authority with duties in the validation / certification of the
applicants’ skills;
2. The aplicant has to write an application / letter and to submit it
with the competent authority together with a file. The file has to
include the documents necessary for the professional skills validation
or certification; the type, contents and form of the documents has to
comply with the requirements of the competent authority in that
country;
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3. Tehj appointed people (commission) have / has to analyze the filed
documents (they have to verify the file, to ask for completion (if
applicable), to assess the recorded evidence, etc.);
4. The attestation / validation decision has to be made based on the
existing competency evidence;
5. The certificate of competency – if the certification is approved –
has to be issued and recorded in a register.
6. If the application is rejected, an objection may be filed;
7. The objection is analyzed and the final result is communicated;
8. Compensations or specific training requirements shall be applied
for the final decision to be issued for the professional skills
validation / certification.
Figure 2 shows the logical diagram consistent with the standard
professional skills validation and certification procedure for the
qualification recognition for the regulated professions.
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Figure 2. Brief representation of the validation – certification
process, applicable to the baker / pastry maker / confectioner
regulated professions
The competent authority appointed for the professional skill
certification in the host country shall compare the training achieved
by the aplicant (in his/her country of origin or in another EU Member
State) with the training required in the host country. The education
results achieved shall be analyzed by comparing them to the
necessary professional skills (see also figure 1). If significant
differences are identified, the recognition decision may be
conditioned by additional requirements such as: the aplicant has to
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prove his/her professional experience (at least 2-3 years over the last
10 years), he/she has to do a professional practice module, he/she has
to take the practical test / skills test.
The qualification level the baker – pastry maker – confectioner
professional skills is associated with in the Member States where the
respective professions are being regulated is usually lower than
Level 3 in the Qualification European Framework, which means that
the activity carried out by bakers / pastry makers / confectioners
involves the application of knowledge and professional skills and is
characterized either by routine and predictable duties, or by duties
requiring responsibility and team work. The exception to this rule
includes the regulated professions in Germany, where the bakers or
the confectioners – pastry makers with the achieved professional
experience may also achieve assimilated skills consistent with the
Qualification Level 3.
Pursuant to the provisions laid down in Directive 2005/36/EC
of the European Parliament and of the Council dated September 7th,
2005 regarding the recognition of the professional qualifications, the
requirements applicable to the professional experience recognition
for the activities in the following categories (Group 20B – Food
Industries (except for the beverage industry) are being established:
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making bakery products, including crackers and biscuits,
making cacao, chocolate and sugar products,
making various food products.
For the recognition of the professional experience (achieved
prior to the application date) in the EU Member States where the
respective professions are being regulated, the activity carried out by
the bakers / pastry makers / confectioners must have occurred:
(a) either over a consecutive 5-year period, self-employed over the
last 10 years (prior to the file submission date);
(b) or over a consecutive 3-year period, self-employed, if the aplicant
proves to having attended a previous training module of at least three
years (certified / attested);
(c) or over a consecutive 4-year period, self-employed, if the aplicant
proves to having attended a previous training module of at least two
years (proven by a recognized certificate);
(d) or over a consecutive 3-year period, self-employed, if the aplicant
proves to having exercised the activity as an employee for at least 5
years over the last 10 years (prior to the file submission date);
(e) or over a consecutive 5-year period, as an employee, if the
aplicant proves to having attended a previous training module of at
least three years (proven by a recognized certificate);
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(f) or over a consecutive 6-year period, as an employee, if the
aplicant proves to having attended a previous training module of at
least two years (proven by a recognized certificate).
III. The recognition processes for the qualifications
achieved in other EU Member States
The recognition process for the professional qualifications is
mandatory for a national to exercise his/her profession as a baker –
pastry maker – confectioner in the EU Member States where the said
professions are being regulated. The recognition processes for the
baker – pastry maker – confectioner professional qualifications in
Austria, the Czech Republic and Germany follow a common
procedure which is briefly shown in Figure 3.
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Figure 3. The brief representation of the common procedure for the
recognition of the baker / pastry maker / confectioner professional
qualifications for the exercising of the regulated professions in
Austria, the Czech Republic and Germany
As shown in Figure 3 too, the sub-process map (with reference
to the recognition process for the professional qualifications) is the
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same for the analyzed countries. The differences between the
Member States are as follows:
The access conditions – they are established according to
the recognition / certification / attestation regulatory
documents in the host countries, the national legislations
being harmonized with the provisions laid down in Directive
2005/36/EC regarding the recognition of the professional
qualifications; moreover, the legal national framework
regarding the profession exercising conditions in the
national economy sector, the access to the labour market in
that country etc. shall apply;
The documents necessary for the preparation of the
application file (there may be particularities both in the form
and in the contents);
The actual assessment (the analysis of the documents and
the equivalence of the competencies) in relation to the
applicable national laws.
Chapter I includes references to the competent authorities (see
Table 1) and the national points of contact in Austria, the Czech
Republic and Germany, the migrants may turn to both for
information purposes and for submitting their documentation. If the
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qualification recognition application file is to be forwarded
(electronically / online or by mail) to the national / unique point of
contact, its representatives shall send it as soon as possible to the
competent professional authority in charge with the processing of the
application (the verification and analysis of the file contents) so that
the decision on the recognition of the qualification could be made.
Both in Austria, and in the Czech Republic and in Germany, the
recognition of the baker / pastry maker / confectioner professional
qualifications is subject to the system for the recognition of the
qualifications achieved through professional experience (see also
Chapter II).
Certain fees are sometimes charged for the recognition
procedure.
The recognition application is usually to be solved within three
months since the submission of the complete file. The competent
authorities in the (host) Member States has to justify their decisions
(regarding the recognition of the professional qualifications) which
are not positive. Moreover, a rejection or delayed decision has to be
subject to the appeals laid down in the domestic laws.
On the other hand, a more easy way to solve the issues referring
to the recognition of the professional qualifications or the skill
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certification is the SOLVIT15
network, through which the EU
Member States cooperate in order to solve – using turning to the
legal procedures – the problems arising due to the inappropriate
application of the legislation regarding the internal market by the
public authorities. 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 might be a case when the
community legislation was applied incorrectly.
The SOLVIT national centres in the EU Member States may be
accessed on the website at the address:
http://ec.europa.eu/solvit/site/centres/index_en.htm.
You may find below some of the particularities pertaining to
the baker / pastry maker / confectioner qualification recognition
procedures in Austria, the Czech Republic and Germany.
1. The exercising of the baker and confectioner occupations in
Austria is based on the Trade Act in 1994. The file compiled for the
qualification recognition in view of exercising the regulated baker
and confectioner professions in Austria has to include the
confirmations issued by the authority in the country of origin
regarding the applicant's documents. All of the justifying documents
15
http://ec.europa.eu/solvit/site
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have to be drawn up in German or they have to be translated and
legalized.
In Austria the system for automatic recognition of the
qualifications achieved through professional experience is being used
according to Directive 2005/36/EC regarding the recognition of the
professional qualifications (see also Chapter II). Moreover, there are
several training programs attended in Germany or Hungary, which
have been declared as equivalent in Austria, based on special training
agreements.
The recognition process lasts between 2 and 6 months. Fees for
the recognition procedure are being charged.
It is deemed that the positive decision for the qualification
recognition through the procedure mentioned above replaces the
Austrian diploma / qualification certificate allowing the access to the
labour market by granting the right to exercise the relevant
profession.
2. In the Czech Republic, the recognition of the baker and
pastry maker / flour product maker qualifications involves education
and training requirements pursuant to the national legislation, i.e.:
Act no. 455/1991 Coll.; Trade Licensing Act, with current
amendments; Act no. 179/2006 Coll. regarding the recognition of the
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results of further education. For this purpose, the access conditions
for the qualification recognition are focused on the fulfilment of any
of the following requirements16
:
1) the aplicant has to hold a secondary education graduation
document, with an apprenticeship certificate;
2) the aplicant has to hold a secondary education completion
document, followed by an examination / training program;
3) the aplicant has to hold a higher occupational education
completion document;
4) the recognition of the professional qualifications, issued under the
law by a competent authority.
Besides the personal details and the professional qualification
and experience proofs, the application file shall also include a
certificate indicating the applicant’s physical or mental health.
The recognition of the professional qualifications is done based
on the study and professional reorientation programs for the relevant
working activity, pursuant to the specific legislation. Moreover, the
professional experience of at least one year in the field has to be
proven, maybe even accompanied by a document confirming the
professional reputation. The system for automatic recognition of the
16 In the relevant field for obtaining the qualification (bakery and/or flour product
making)
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qualifications achieved through professional experience usually
applies in the Czech Republic.
3. The Recognition Act was only adopted in Germany in 2012
for the improvement of the process for assessment and recognition of
the professional qualifications achieved abroad; it combined a federal
act called the Law on the establishment of equivalence of
professional qualifications (Gesetz über die Feststellung der
Gleichwertigkeit von Berufsqualifikationen;
Berufsqualifikationsfeststellungsgesetz - BQFG), with the
amendments made to the existing legislation and to the professional
regulations (for the respective fields). In the case of the baker and
confectioner–pastry maker qualifications, the Law on the regulation
of crafts in 1953 (Gesetz zur Ordnung des Handwerks -
Handwerksordnung) applies; it is completed by the Crafts Code
dated September 24th, 1998, with the last amendments made through
Article 2 in the Law dated December 5th, 2012 (the Federal Official
Gazette I p. 2415), Moreover, Germany has also concluded several
bilateral agreements for the recognition of the professional
qualifications with certain partner states, such as Austria and
Hungary.
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Germany does not have a central body in charge with all the
applicants regarding the recognition of the professional qualifications
achieved in other EU Member States. The Chambers of Handicrafts
in the German states are in charge with the recognition procedure.
The applications coming from abroad may be forwarded directly to
the responsible authority or to the Central Office for Foreign
Education (ZAB), who shall forward the applications to the
responsible authorities. The documents that have to be submitted
together with the application for the recognition of the baker and
confectioner–pastry maker professional qualifications are as follows:
The identification document (ID Card / passport - copy);
The table including the training / schooling, as well as any job
remunerated up to the time when the recognition is requested (in
German);
The evidence indicating the professional
qualifications achieved abroad;
The evidence indicating the relevant professional experience;
Other certificates of competency (such as the continuous
training) ;
The statement confirming that by the application date no other
application was submitted for equivalence purposes.
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The responsible authority may ask for copies of the original
certificates or documents. In certain cases, the authority may accept
plain copies of the documents. The documents have to be translated
into German by public interpreters appointed and authorized /
translators in Germany or abroad.
In Germany, the professional qualification recognition system
is based on the professional experience achieved in the Member State
of origin, which can be done either by automatic recognition or may
be accompanied by training specific requirements. For the
qualification recognition the following steps shall be taken:
The procedure compares the foreign professional qualifications
with a similar German occupation;
The competent authority takes into account if there are
significant differences between the foreign professional
qualifications and the German professional qualifications;
The professional experience achieved in Germany or abroad may
also be taken into account in addition to the training programs.
If no proper evidence may be submitted in support of the
qualifications, an analysis of the qualifications may be conducted in
order to determine the professional skills (such as technical
discussions or on-site tests). If there are significant changes between
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the foreign professional qualifications and the German comparable
qualifications, the applicant shall be subject to an adjustment action
(an adjustment period of maximum three years) or he/she has to take
a skills test for the proper equivalence to be made.
IV. The exercising of the baker, pastry maker and
confectioner professions in the European Union
The bakers – pastry makers – confectioners are workers in the
food industry, hospitality industry, crafts and restoration (catering),
who manufacture (bake and sell) bakery products, flour products
and/or confectionery.
The baker / pastry maker / confectioner professions /
occupations are being regulated in certain Member States of the
European Union (Austria, the Czech Republic and Germany), while
in other European countries (Romania, Italy, Spain, Denmark, the
Netherlands, Great Britain) they are not being regulated.
In the Member States where these professions / occupations are
not being regulated, the nationals having obtained a professional
qualification in a country (the country of origin) other than the host
country may legally work as any other citizen in that state without
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the recognition of the baker – pastry maker – confectioner
qualification / the skill certification being mandatory.
Irrespective of the profession type – regulated or non-regulated
– when baker – pastry maker – confectioner profession is being
exercised, the following have to be complied with:
the national legal framework regarding the professional
activities carried out in the economic field in that country,
the conditions for their access to the labour market (to
hold a residency permit for Denmark, a work permit in
Germany and in Great Britain etc.),
other specific requirements regarding the exercising of
the profession.
For example, the exercising of the baker / pastry maker /
confectioner professions may have an impact on the food safety,
public health and consumer protection. Therefore the workers in the
food sector (industry and restoration) have to have knowledge on the
hygiene and food safety issues, on the specific national legislation
(referring to food processing and sale,...) etc.
A baker / pastry maker / confectioner may carry out his/her
professional activity both as an employee and independently (as self-
employed).
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For exercising the baker, pastry maker or confectioner
professions in the Member States where the provisions are being
regulated, following the recognition of the professional qualifications
there are no additional provision conditions such as: fee payment,
professional insurance, mandatory classes, etc. The potential fees
might arise when carrying out certain commercial activities (as self-
employed) based on the trade-related national legislation, without
any direct link to the achieved qualification.
A Romanian citizen who wants to work in another country of
the European Union shall be subject to the legislation applicable in
the host country – his/her professional qualification shall have to be
recognized only if he/she shall exercise the profession in one of the
countries where the profession is being regulated. Although the free
movement of workers is a fundamental right allowing the citizens of
a EU Member State to work in another Member State under the same
conditions as those applicable to the citizens of the host country, the
EU treaties lay down the possibility to restrict the application of this
freedom17
for a definite term. For example, at this moment18
, nine of
the EU Member States apply restrictions for the Romanian workers
17 With reference to the occupation of a workplace 18
During the elaboration of the guidelines (June 2012 – July 2013)
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who want to work in these countries, i.e.: Austria, Belgium, France,
Germany, Luxemburg, Malta, Great Britain, the
Netherlands and Spain.19
The Romanian workers’ access to the
labour markets in the states imposing restrictions is based on the
national legislation in that state, including the bilateral agreements
regarding the movement of workers, which Romania has already
concluded with these states (mainly with Germany, Spain, France).
If we refer to the exercising of the baker, pastry maker or
confectioner professions in Romania, as far as the organization and
performance of the professional activities, the authorities and
organizations with institutional capacity (in charge with
coordination, regulation and control) operating in the relevant sectors
of the national economy are as follows:
the Ministry of Agriculture and Rural Development (central
authority – food industry),
the Ministry of Economy – the National Authority for
Tourism (the former Ministry of Rural Development and
Tourism – the Tourism Development Division (central
authority – hospitality industry).
19 Restrictions applicable to the fee movement of labour within the European Union
(http://www.mmuncii.ro/nou/index.php/ro/munca/mobilitatea-fortei-de-munca/644-
restrictii-aplicabile-liberei-circulatii-a-fortei-de-munca-in-ue, accessed in May 2013)
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Conclusions
The analysis of the regulation of the professions corresponding
to the baker, pastry maker and confectioner occupations in the
Member States of the European Union or of the European Economic
Area, including the Swiss Confederation, indicates that these
professions are being regulated in the following countries: Austria,
Belgium, the Czech Republic, France, Germany, Iceland,
Liechtenstein, Slovakia and Hungary. For a national to exercise a
regulated profession in any of these host countries his/her skills have
to be validated or certified for the professional recognition of his/her
qualification and for him/her to have access to the labour market.
In countries such as Denmark, Italy, Great Britain, the
Netherlands and Spain the baker – pastry maker – confectioner
professions are not being regulated.
The skill certification and the recognition of the professional
qualification are not mandatory in the Member States where the
professions are not being regulated, but the employers or the
affiliation to certain professional associations might require these
conditions. For example, the training and skill certification have been
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presented for the attestation of the baker / pastry maker /
confectioner qualifications in Romania.
These guidelines have indicated the procedure for the validation
/ certification of the professional skills for the regulated professions
in the analyzed EU Member States, i.e. Austria, the Czech Republic
and Germany. The qualification level associated with the baker –
pastry maker – confectioner professional skills in the Member States
where the respective professions are being regulated is usually lower
than the corresponding Level 3 in the Qualification European
Framework.
The recognition of the professional qualifications obtained in
EU Member States other than the host country complies with the
provisions laid down in Directive 2005/36 regarding the recognition
of the professional qualifications. The professional qualification
recognition process is mandatory for a national to exercise the baker
– pastry maker – confectioner professions in the EU Member States
where the professions are being regulated. The processes for the
recognition of the baker – pastry maker – confectioner professional
qualifications in Austria, the Czech Republic and Germany are
performed pursuant to a common procedure, but there are
particularities regarding the access conditions, the documents
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necessary for putting together the application file and the
determination of the equivalence in relation to the applicable national
legislation in each Member State in question. The baker / pastry
maker / confectioner professional qualification recognition system is
based on the professional experience achieved in the Member State
of origin, which can be done either by automatic recognition or it
may be accompanied by specific training requirements.
A baker / pastry maker / confectioner can carry out his/her
professional activity both as an employee and independently.
Irrespective of the profession type – regulated or non-regulated –
when exercising the baker – pastry maker – confectioner professions,
he/she has to comply with the national legislation regarding the
professional activities carried out in the economic business in that
country, the conditions for having access to the labour market, and
even other specific requirements regarding the exercising of the
profession.
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17. Order no. 3199 / 2012 issued by the Minister of Education,
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24. Occupational standards
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[drawn up: July 2013]