302 / 482
GAZETTE
SEPTEMBER
1989
product", i.e. a fully qualified pro-
fessional having completed any
professional training which may
be required in addition to higher
education qualifications.
Thirdly, in the case of import-
ant differences in education and
training, or professional struct-
ure, the draft directive lays down
compensatory mechanisms, in
the form of either an adaptation
period or an aptitude test.
Differences in length of training
may be compensated for by evi-
dence of professional experience
i.e. the actual and lawful pursuit of
the profession in a Member State.
The length of professional experi-
ence required may not in any
circumstances exceed four years.
Adaptation Period
Substantial differences in the
scope or content of training may be
compensated for by an adaptation
period or an aptitude test. An
adaptation period means the
pursuit of a regulated profession in
the Member State to which the
person comes under the responsi-
bility of someone who is already a
qualified member of the profession
concerned. Such a period Of super-
vised practice may not exceed three
years, may be accompanied by
further training and will be subject
to an assessment. An aptitude test
means a test limited to the pro-
fessional knowledge of the person
made by the responsible authorities
in the Member State to which the
person comes, with the aim of
assessing the ability of that person
to pursue the regulated profession
concerned in that Member State.
APPOINTMENT OF LEGAL
ADVISERS
Proposals are invited from firms of
solicitors who would be interested
in acting as legal advisers to the
P
irector of Consumer Affairs and
air Trade.
Closing date
for
receipt of proposals is 12
.00 noon
on Monday, 0 October 1989.
Further details are available from
the Office of Consumer Affairs and
Fair Trade, Shelbourne House,
Shelbourne Road, Dublin 4.
Telephone:
613399, ext: 2909.
Requirement to provide evidence
of professional experience or to
undergo an adaptation period or
aptitude test may not be applied
simultaneously except in the case
of those who migrate from a
Member State which does not
regulate the profession. Where a
Member State wishes to make use
of an adaptation period or an
aptitude test, the person concerned
must be given the right to choose
between the two options. However,
for professions whose practice
requires precise knowledge of
national law and in respect of
which the provision of advice
and/or assistance concerning
national law is an essential and
constant aspect of the professional
activity, a Member State may stipu-
late either an adaptation period or
an aptitude test.
In each Member State a parti-
cular person will be nominated who
will be responsible for co-ordinating
the activities of the different
responsible authorities and pro-
moting uniform application of the
Directive to all the professions
concerned. Decisions on applica-
tions for recognition will have to be
given within four months of the
applicant presenting all the proper
documents; otherwise he or she
can take the matter to the Courts
in the Member State concerned.
Further information can be
obtained from:
Mr. Sean Nolan,
Department of Education,
Marlborough Street,
Dublin 2.
Telephone: 734700
•
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