Executive order of Recognition of professional qualifications acquired abroad

The following shall be laid down in pursuance of sections 41, 41a, 41b, 74, 74a, 76 and 84 of the Working Environment Act, cf. Consolidated Act no. 268 of 18 March 2005 as amended by Act no. 559 of 17 June 2008, and with authorisation pursuant to section 73 of this Act:

Part 1 - Scope, etc.

1.-(1) This Executive Order covers work, which, due to substantial risk of accidents or disease, may only be carried out by persons who have completed special training or who have a certificate of examination pursuant to section 41 of the Working Environment Act, cf. Annex 1. 

(2) This Executive Order also covers work as a coordinator of health and safety work within the building and construction sector pursuant to section 8(2) of the Working Environment Act, cf. Annex 1. 

(3) This Executive Order shall apply exclusively to persons intending to carry out work covered by subsections (1) and (2) on the basis of professional qualifications acquired abroad.

Part 2 - General provisions

2.-(1) Any person whose professional qualifications have been acquired in a third country may only commence work covered by section 1(1) and (2) if the Working Environment Authority has recognised their professional qualifications. 

(2) The procedure for recognition of professional qualifications mentioned in sections 5-8 shall apply correspondingly to persons whose professional qualifications have been acquired in a third country. 

3. Any person whose professional qualifications have been acquired in another country within the EU, the EEA, or countries with which the EU has entered into an agreement, and who intends to work in Denmark on a permanent basis, may only commence work covered by section 1(1) and (2), if the Working Environment Authority has recognised their professional qualifications. 

4.-(1) Any person whose professional qualifications have been acquired in another country within the EU, the EEA, or a country with which the EU has entered into an agreement, and who intends to work in Denmark temporarily or periodically, shall have their professional qualifications checked beforehand by the Working Environment Authority with a view to obtaining recognition of said qualifications prior to commencing work within the areas listed in Annex 2, cf., however, section 10. 

(2) Persons mentioned in subsection (1) who intend to work in Denmark temporarily or periodically within one of the areas mentioned in Annex 3, shall be entitled to commence work on the basis of professional qualifications acquired in another country within the EU, the EEA, or in a country with which the EU has entered into an agreement, cf. subsection (3). 

(3) The professional qualifications mentioned in subsection (2) shall have been acquired through either:

1. having completed foreign training or education, if the profession is regulated in the country concerned, or
2. having practised the profession concerned for a minimum of one year during the last ten years, if the profession is not regulated in the country concerned.

Part 3 - Permanent work

5.-(1) Any person who intends to work in Denmark on a permanent basis, cf. section 3, shall submit an application for recognition of professional qualifications to the Ministry of Science, Technology and Innovation, CIRIUS, prior to commencing work for the first time, pursuant to the Act on Access to Certain Occupations in Denmark. 

(2) The following documentation shall be enclosed with the application mentioned in subsection (1):

1. proof of the nationality of the applicant, and
2. proof of the professional qualifications of the applicant in the form of 
   a) attestation of competence or evidence of formal qualifications which provide access to the profession concerned covered by Annex 1, if said profession is regulated in the country concerned, or 
   b) proof that the applicant has practised the profession concerned covered by Annex 1 for a minimum of two years during the last ten years and one or more attestations of competence or evidence of formal qualifications, if the profession is not regulated. 
   c) copies of relevant qualifications, cf. section 10

(3) Persons who have formal qualifications from a third country shall however provide evidence of three years' professional experience within the last ten years through an attestation from the authority in the country in which the professional training has been acquired. 

6. The Working Environment Authority shall acknowledge receipt of the application, cf. section 5, forwarded from CIRIUS, within one month of receipt and shall inform the applicant of any missing documentation. 

7.-(1) Attestations of competence and evidence of formal qualifications, cf. section 5(2), no. 2, shall be issued by a competent authority in accordance with the laws or administrative provisions of the issuing country. 

(2) Attestation of competence or evidence of formal qualifications shall provide proof that the applicant has the qualifications required to practise the profession concerned pursuant to section 1(1) or (2), cf. Annex 1. 

(3) In the event of justified doubts, the Working Environment Authority may require confirmation of the authenticity of the attestations of competence and evidence of formal qualifications, cf. section 5(2), no. 2, from the competent authorities in the country where the attestations of competence or evidence of formal qualifications were issued. 

8.-(1) The Working Environment Authority shall make a duly substantiated decision concerning recognition of the professional qualifications of the applicant as quickly as possible and within three months after receipt of the application and complete documentation by the Working Environment Authority, cf. however, subsection (3). 

(2) If the Working Environment Authority can recognise the professional qualifications, the Authority shall issue a letter of recognition. 

(3) In the event of difficulties which might lead to delays, the deadline in subsection (1) may be extended by one month. 

(4) If the Working Environment Authority has not made a decision within the deadlines stipulated in subsections (1) and (3), the applicant may not carry out work covered by Annex 1 until a decision to recognise the applicant's professional qualifications has been issued. 

9.-(1) If the Danish Working Environment Authority is unable to recognise the professional qualifications on the basis of an inspection due to significant differences between qualifications brought along and the qualification requirements for pursuit of the profession in this country, cf. section 5 (2), no. 2, and the significant differences cannot be compensated for by the applicant's work experience or by knowledge, skills and expertise obtained through lifelong learning that is formally certified by an appropriate body, the Danish Working Environment Authority shall inform the notifying party that it may establish that the person in question has obtained the absent qualifications by

1. completes an adaptation period, or
2. passes an aptitude test.

(2) The applicant shall have the opportunity to take the aptitude test at the latest 6 months after the decision to subject the applicant to an aptitude test.

(3) The Working Environment Authority shall stipulate more detailed requirements for adaptation period or aptitude test.

(4) Prior to making its decision, cf. no 1, the Danish Working Environment Authority shall check whether the applicant is able to document for the Danish Working Environment Authority that he/she has acquired the absent knowledge and expertise by means of the relevant professional experience or lifelong learning that is formally certified by an appropriate body, cf. however section 10.

Documentation requirements for recognition of independent and leading employees

10. The Danish Working Environment Authority will recognise the professional qualifications for an applicant pursuant to section 3 and section 4 (1), provided that the applicant is able to document the fact that he/she has practised this profession in another EU country, an EEA country or a country that has agreements with the EU

1. for 6 consecutive years as an independent person or as a business leader, cf. however subsection(2),
2. for 3 consecutive years as an independent person or as a business leader following prior training of at least 3 years, culminating in a state-recognised diploma or assessed by a competent professional body as being satisfactory,
3. for 4 consecutive years as an independent person or as a business leader following prior professional training of at least 2 years, culminating in a state-recognised diploma or assessed by a competent professional body as being satisfactory,
4. for 3 consecutive years as an independent person, and at least 5 years as an employee, cf., however, subsection (2), or
5. for 5 consecutive years in a leading position, of which at least 3 years shall have been spent working on technical tasks and with responsibility for at least one department within the business, if the individual in question has completed professional training of at least 3 years, culminating in a state-recognised diploma or assessed by a competent professional body as being satisfactory.

(2). Practising the activity as referred to in subsection (1), no. 1 and 4, shall not have ceased more than 10 years prior to the date on which the application and complete documentation are submitted.

(3). The provisions in section 5 (2), no. 1 and sections 6-8 are applicable correspondingly to applications submitted in accordance with section 1 and 2.

(4). Documentation in accordance with subsection (1) shall be issued by the competent authority or the competent body in the country of origin or in the member state from which the individual in question has come.

Part 4 - Temporary or periodical work

Prior checking of business qualifications for temporary or occasional work

11.-(1) If a profession may have implications for public health and safety, and may lead to the risk of serious damage to the health or safety of the service recipient, the person, cf. section 4(1), who intends to practice, temporarily or periodically, the profession concerned covered by Annex 2, shall, prior to commencing work for the first time, submit a written notification to the Working Environment Authority to be used by the Authority in checking said person’s professional qualifications with a view to recognising them. 

(2) The following documentation shall be enclosed with the notification mentioned in subsection (1):

1. proof of the nationality of the notifier, and
2. proof of the professional qualifications of the notifier in the form of 
   a) attestation of competence or evidence of formal qualifications which provide access to the profession concerned covered by Annex 2, if said profession is regulated in the country concerned, or 
   b) proof that the notifier has practised the profession concerned covered by Annex 2 for a minimum of one years during the last ten years, if the profession is not regulated. 
   c) copies of relevant qualifications, cf. section 10.

12.-(1) The Working Environment Authority shall acknowledge receipt of notification, cf. section 11, within one month of receipt and shall inform the notifier of any missing documentation. 

(2) The provision of section 7 shall apply correspondingly to temporary or periodical work. 

13.-(1) The Working Environment Authority shall make a duly substantiated decision concerning recognition of the professional qualifications of the notifier on the basis of its checks within one month after receipt by the Working Environment Authority of the notification and complete documentation, cf. however subsection (3). 

(2) In the event of difficulties which might lead to delays, the Working Environment Authority shall provide notification about the reason for the delay and when a decision can be expected within one month after receipt of the notification and complete documentation. The decision shall be made within two months after receipt of complete documentation. 

(3) If the check leads to the requirement for an aptitude test, cf. section 13, the Working Environment Authority shall make a decision on the basis of the aptitude test no later than one month after the notifier has been notified about the requirement for an aptitude test. 

(4) If the Working Environment Authority has not made a decision or provided a reply within the deadlines stipulated in subsections (1)-(3), the notifier may carry out work covered by Annex 2 temporarily or periodically. 

14.-(1) If the Danish Working Environment Authority is unable to recognise the professional qualifications on the basis of an inspection due to significant differences between qualifications brought along and the qualification requirements for pursuit of the profession in this country, cf. section 11 (2), and the significant differences cannot be compensated for by the applicant's work experience or by knowledge, skills and expertise obtained through lifelong learning that is formally certified by an appropriate body, the Danish Working Environment Authority shall inform the notifying party that it may establish by means of an aptitude test that the person in question has obtained the absent qualifications. 

(2) The Working Environment Authority shall stipulate more detailed requirements for the aptitude test. 

15. The Working Environment Authority shall issue a letter of recognition to any notifier for whom complete documentation is available pursuant to section 11(2), and whose professional qualifications the Working Environment Authority can recognise on the basis of a check or an aptitude test, cf. section 13.

Part 5 - Documentation etc.

16.-(1) Any person who carries out work covered by section 1(1) and (2) shall, at the request of the Working Environment Authority, provide documentation that they fulfil the conditions required to carry out the work concerned, cf. sections 2-4. 

(2) The employer shall make sure there is documentation that the employee fulfils the requirements of sections 2-4. This documentation shall be presented to the Working Environment Authority at their request. 

(3) The developer shall make sure there is documentation that the person who is appointed as coordinator of safety and health work in the building and construction sector fulfils the requirements of sections 2-4. 

17.-(1) The Working Environment Authority may, from the competent authorities in the country from where the person concerned originates, or has acquired his or her professional qualifications, demand any necessary information regarding

1. attestation that, at the time of the attestation, the person concerned was not prohibited from carrying out the work in the home country or in the country from where he or she originates, including carrying out the work temporarily or periodically;
2. attestation that the person concerned, in occupation or profession, has not been sentenced for a criminal act, which would substantiate reasonable risk of abuse of said profession, cf. section 78(2) of the Penal Code, or has not otherwise shown behaviour that would give rise to assume that work in the profession concerned will not be carried out in an appropriate manner, and
3. attestation that the person concerned is legally competent, is not under guardianship and is capable of managing his or her own affairs.

(2) The documents mentioned in subsection (1), nos. 1-3, shall not be more than three months old on the date on which they are submitted. 

(3) The Working Environment Authority may pass on information to the competent authorities in other countries regarding the same conditions as mentioned in subsection (1) in accordance with the Act on Processing of Personal Data.

Part 6 - Exemptions

18. If there are special reasons for doing so, in individual cases the Danish Working Environment Authority may permit deviations from Sections 2-4 when this is deemed reasonable and entirely justifiable, and to the extent consistent with European Parliament and Council Directive 2005/36/EC of 7 September 2005 on the recognition of professional qualifications, as last amended by European Parliament and Council Directive 2013/55/EU of 20 November 2013 amending Directive 2005/36/EC on the recognition of professional qualifications and Regulation (EU) no. 1024/2012 on administrative cooperation through the Internal Market Information System ("the IMI Regulation").

Part 7 - Right of appeal and penalties

19. Decisions by the Working Environment Authority in pursuance of this Executive Order may be appealed to the Working Environment Board of Appeal pursuant to section 81 of the Working Environment Act. 

20.-(1) Unless more severe penalty is due under the Working Environment Act or other legislation, offenders shall be liable to a fine or imprisonment of up to two years for:

1. violating section 15,
2. failing to comply with an improvement notice or prohibition notice in pursuance of the provisions of this Executive Order, or
3. ignoring any terms of recognition notified in pursuance of the provisions of this Executive Order.

(2) An employer may be liable to a fine for the violations mentioned in subsection (1), no. 1, even though the violation cannot be attributed to the employer as an intentional or negligent act. An employer may be liable to a fine on the condition that the violation can be attributed to one or more persons linked to the company or can be attributed to the company as such. No alternative sentence to a fine shall be stipulated. 

(3) Companies etc. (legal persons) may be subject to criminal liability in pursuance of the regulations in Chapter 5 of the Criminal Code.

Part 8 - Entry into force

21(1). The Executive Order comes into force on 1 March 2016.

(2) Executive Order no. 647 of 26 June 2008 on recognition of professional qualifications acquired abroad 
is repealed. 

Working Environment Authority, 25 February 2016 

Peter Vesterheden/Katrine Wied Christensen

¹⁾ The Executive Order includes provisions that implement part of European Parliament and Council Directive 2005/36/EC of 7 September 2005 on the recognition of professional qualifications, Official Journal of the European Union 2005, no. L 255, page 22, as last amended by European Parliament and Council Directive 2013/55/EU of 20 November 2013 amending Directive 2005/36/EC on the recognition of professional qualifications and Regulation (EU) no. 1024/2012 on administrative cooperation through the Internal Market Information System ("the IMI Regulation"), Official Journal of the European Union 2013, no. L 354, page 132.