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Slovakia

Kamenárstvo (Slovakia)


  • Proportionality information

    1. Have you examined whether the requirements under your national legal system are
    directly or indirectly discriminatory on the basis of nationality or residence?
       

    Yes, we have examined the requirements under Trade Licensing Act and we have concluded that our legal system does not discriminate anyone on the basis of nationality or residence. There are equal conditions for everyone and after few amendments our domestic legislation concerning trade complies with the requirements of EU single market.


    2. Which of the following overriding reasons relating to the general interest justifies the measure(s)?
         
    • Public health
    •    
    • Protection of consumers and recipients of services
    •    
    • Protection of the environment and the urban environment, including town and country planning

    3. What specific risks or benefits have you identified that your measure(s) is designed to, respectively, minimise or maximise?

       Please try to be specific in describing the nature of the risks/benefits you have identified
       Where you have selected more than one overriding reason relating to the general interest in question 2 please be sure to address each of these in your response. Wherever possible please include evidence.

       

    The reason to regulate this profession are the high demands for practising it. It is crucial to consider not only the health of the provider and receiver, but as well the protection of the enviroment during the practice of this regulated profession. Therefore it is unevitable for this profession to be practised by a duly qualified person.


    4. How specifically do your measures operate to minimise the risk(s) or maximise the benefit(s) identified in question 3?

       When addressing this question please try to explain how the measures prevent the risks or guarantee the benefits.
       Where you have selected more than one overriding reason relating to the general interest in question 2 please be sure to address each of these in your response. Wherever possible please include evidence.

       

    No cases of a negative impact of this regulation are known. The fact that such profession can only be practised by a qualified people is considered to Stonemansory is regulated profession - craft in Slovakia. It means that services providers have to comply with general conditions to trade (minimum age 18 years, legal capacity and integrity) which ensures that they are legally capable to run a business. Furthermore it is conditional that they meet also specific conditions to trade which in this case is professional qualification. They have to prove that their qualification complies with the requirements set in Trade Licensing Act (par. 21 and par. 22).The proper qualification can be gained in specialized high schools which are listed in the network of schools. Such profession can also be practised on a basis of professional experience, note the Annex IV of the Directive 2005/36/EC. Even though the number of students interested in studying this discipline is decreasing, they are still more and more demanded due to their required qualification. Professionals in this field are still appreciated and wanted.


    5. In so far as you are able, please provide information that you have gathered regarding the concrete effects of the measure(s).

       For example, through impact assessments or information gathered during implementation or review of a measure. Member States who have recently undergone reforms may in particular be able to contribute helpfully to this field. Where you are able to provide cost-benefit analyses this would be particularly valuable.
       Information on whether the measures indeed successfully prevented risks from being realised (e.g. the number of sanctions imposed, a drop in transgressions since the measure was introduced or consequences from previous modifications of the regulation) would equally be helpful.
       Where you have selected more than one overriding reason relating to the general interest in question 2 please be sure to address each of these in your response. You may also wish to include evidence on consumer satisfaction or other measurements of the impact.

       

    The positive effects of these measures are that only qualified services providers are allowed to provide these services on market. Furthermore, recent liberalization of Trade Licensing Act allowed more people to qualify for provision of these services.


    6. Is the general interest objective you indicated in question 2 pursued in a consistent and systematic manner?.

       In approaching your response to this question please consider examples where you have addressed similar risks for comparable professions, not necessarily within the same sector. Is the approach you have adopted in this particular profession comparable or distinct from such similar cases and why?

       

    Yes, the general interest objective is pursued in a consistent and systematic manner – the same conditions applies to other services which are crafts (34 services) in Slovakia which are listed in Annex 1 to Trade Licensing Act.


    7. Please explain in how far the degree of complexity or the nature of the activities
    which are reserved justify that these activities can be exclusively performed by professionals possessing a specific professional qualification?

       For example: when the tasks are essentially of a straightforward nature (such as preparing and printing pay slips etc.), or involve essentially the execution of instructions, specific professional aptitudes should not be required.

       

    Concerning to difficulty of this profession is required that pursuit of this profession is performed by professionals which fulfil the qualification criteria/competencies and they are skilled for work with special tools and technical equipment.


    8. Where you have indicated several measures in place in the screening tab,
    have you reviewed the cumulative effect of all these measures on professional activities?

       If not, why not?
       If yes, please outline for us how you approached assessing this issue as well as the results and conclusions or any learning you drew from this. Where possible please include evidence.

       

    No have not reviewed the cumulative effects of these measures in place because these measures are complementing each other and not duplicating.


    9. Have you considered the use of alternative mechanisms to achieve your objective(s)?
         
    • Other, please specify

       Please briefly explain. Where you have selected more than one option, please be sure to address each of these in your response.

       

    Service providers can prove professional qualification by alternative ways under Articles 22, 66i and 66k of Trade Licensing Act.


    10. Conclusion

       Following your internal examination of this regulated profession, which of the following have you concluded?

    •    Maintain current system

       Explain where relevant:

       

    The system is working very well; the requirements for access into profession are appropriate; there are several alternative ways how a service provider can fulfil these requirements if he/she cannot fulfil standard conditions; the system guarantees that only those services providers who have requested skills and professional qualification will be allowed to provide services; the system is not discriminatory and it meets all requirements of European legislation.


    11. Any other comments?
       no
The database contains information on regulated professions, statistics on migrating professionals,contact points and competent authorities, as provided by EU Member States, EEA countries and Switzerland.
Each country is responsible for updating information, on its regulated professions, competent authorities and statistics.
The Commission cannot be held responsible for the accuracy of the information. However, if errors are brought to its attention, the Commission undertakes to correct them, if deemed appropriate.