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Lithuania

Restauratorius (Lithuania)


  • 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?
       The requirements under our national legal system we consider as appropriate and not discriminatory on the basis of nationality or residence. The requirements set up for conservators in the national legal system apply equally to everyone. We recognize conservator qualification according special procedure, set in the order of the Minister of Culture of the Republic of Lithuania of 14 October 2008 No. IV-485 "Approval of the Procedure of the Recognition of Professional Qualification of Conservator Willing to Pursue Conservator's Proffesion or Providing Conservator's Services Temporarliy or Occasionally in the Republic of Lithuania".

    2. Which of the following overriding reasons relating to the general interest justifies the measure(s)?
         
    • Preservation of cultural, historical, archaeological and artistic heritage

    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.

       Conservator evaluates state of the cultural properties, its authenticity, historical, artistic and scientific significance, carries out the necessary technological, biological, physical and chemical researches of the cultural properties, identifies materials, techniques and status of the cultural properties, evaluates the environment of the cultural properties, preserves and conserves cultural properties, implements preventive conservation of cultural properties and prepares the conservation programmes and other conservation documentation, therefore it is very important to ensure that conservators have the right qualification in order to avoid damage of culture heritage. Therefore the qualifications for the conservators are set up in the Regulations of the Movable Cultural Property Conservators Certification Commission, approved by the order of the Minsiter of Culture of the Republic of Lithuania of 19 May 2008, No. IV-266 (new version 5 June 2012, No. IV-405). This ensures that only qualified specialists are allowed to deliver conservation services.

    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.

       Under the Regulations of the Movable Cultural Property Conservators Certification Commission all conservators have to meet certain professional qualification requirements. One of them is certifiaction of the conservators. This ensures that only qualified conservators can provide conservation and preservation services of the cultural property. Conservators willing to be certified as qualified conservation or preservation specialist must meet the set of special requirements for education and works experience. The qualification certificate for the conservator is issued for 5 year period and all conservators are listed. Each 5 years the conservators have to pass certification procedure. Commision of the Certification of the Movalble Cultural Property Conservators may suspend, withdraw the qualification certificate in case set in the Regulations of the Movable Cultural Property Conservators Certification Commission.

    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.

        Certifiaction of the conservators has been started in 1993. It is planned that since 2015 the certification process will be imporved by using the information system for collecting the documentation of the conservators applying for the certification, creating the online database of the certified conservators. Also, in 2015 it is planned to make the corrections of the Regulations of the Movable Cultural Propertry Conservators Certification Commision in order to develope conservators professional qualifications at EU level. According to our data, in period up to 2014, only several suspension of conservators qualification were applied and this low number of such cases proves that certification ensures required qualification of conservators.

    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?

       Certification procedure and requirements have been edited several times but the main focus of the procedures was always the professional qualification of conservators.

    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.

       Evaluation of the authenticity, historical, artistic and scientific significance of the cultural property, necessary technological, biological, physical and chemical researches of the cultural property, identification materials and techniques, evaluation of the status of the cultural property, evaluation of the environment of the cultural properties, preservation and conservation of cultural property, implementation of preventive conservation of cultural property and preparation of the conservation programmes and other conservation documentation depends on qualification of the conservator. Therefore only certified conservators are allowded to perform conservation and preservation activities.

    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.

       Currently the national legal framework is optimal and sufficient to reach the aim.

    9. Have you considered the use of alternative mechanisms to achieve your objective(s)?
         
    • Reconsider the level of qualification requirements

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

       We have not considered any alternative mechanisms to achieve our objectives. The currently qualification requirements for the conservators have been discussed with the Certification Commission and will be revised in 2015.

    10. Conclusion

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

    •    Maintain current system

       Explain where relevant:

       Maintain current system while making improvements.

    11. Any other comments?
       We have no other comments.
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