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POSITION PAPER OF THE REPUBLIC OF LATVIA
Chapter 2: "FREE MOVEMENT OF PERSONS" Setting the time frame for the process of adoption and implementation of the European Union's acquis communautaire, the Latvian Government adopted 1 January 2003 as the date on which Latvia will be prepared for accession to the European Union. Latvia accepts and will implement in full acquis communautaire in the area of "Free movement of persons" including acquis communautaire that came into force during 1999, before 1 January 2003. Where it is possible Latvia is ready to adopt and fully implement Community Laws even sooner. Certain provisions of acquis communautaire applicable exclusively to the Member states will be fully implemented as from the date of accession. Simultaneously with the recognition of the professional qualifications awarded in the EU, Latvia requests the recognition of the professional qualification awarded in the Republic of Latvia in the European Union. Latvia requests inclusion of the professional qualification awarded in Latvia in the field of the EC sectoral directives in the corresponding lists of these directives enumerating the recognised diplomas. Latvia requests the recognition by the Member States of the European Union of the professional qualifications of those Latvian nationals, who posses the educational diplomas issued by educational institutions of the former USSR and which are recognised in Latvia and who have worked in the profession matching their education in Latvia for a significant period of time. In the professions governed by sectoral directives, Latvia requests recognition of the diploma and professional qualifications of those persons, who have acquired their education before the contents and length of the respective curriculum is co-ordinated with the requirements of the sectoral directives in the Member States of the European Union. Latvia is fully prepared to assume the obligations of the co-ordination of the social security schemes as a member state from the moment of accession. Latvia requests to supplement the Annexes I.II; II.II; II.a and III.A of the Regulation 1408/71. In the area of free movement of labour, Latvia adheres to the direct application of article 48 of the EC Treaty from the date of accession to the European Union. Mutual Recognition of Professional Qualifications Latvia accepts acquis communautaire in the area "Free Movement of Persons" in relation to mutual recognition of professional qualifications and assumes to harmonise Latvian legislation until 1 January 2003. Mutual recognition of diplomas and professional qualifications will be harmonised with the requirements of the European Union. The necessary institutions will be set up and employees will be trained by 1 January 2003. The Ministry of Education and Science is the co-ordinating institution in the area of mutual recognition of diplomas and professional qualifications. It co-operates with the Ministry of Justice, the Ministry of Welfare, the Ministry of Agriculture and the Ministry of Environmental Protection and Regional Development. I. General system directives Latvian legislation will be harmonised with the requirements of the directives 92/51/EEC, 89/48/EEC and 1999/42/EEC until 1 July 2001, when a law "On Regulated Professions and Recognition of Professional Qualifications" will be adopted. The recognition of the professional qualifications in accordance with the above-mentioned law will start simultaneously with accession of Latvia to the EU. The necessary institutional basis for recognition of professional qualifications will be established until 1 July 2001. The functions of the informative institution in the issues concerning regulated professions, which require tertiary education either in Latvia or abroad will be implemented by the Academic Information Centre, which is presently involved with recognising the tertiary education related academic degrees and diplomas acquired abroad. The functions of the Centre will be extended. The informative institutions for other regulated professions will be set up until 1 July 2001. Until 1 July 2001, the institutions that are authorised to issue the certificates of qualification recognition will be established. From 1 July 2001 till 1 January 2003 the employees of the above-mentioned institutions will be trained and prepared so that by 1 January 2003 Latvia is ready to start recognising professional qualifications according to the requirements of directives 92/51/EEC, 89/48/EEC and 1999/42/EEC. II. Sectoral Directives The contents and length of curricula for the professions governed by the sectoral directives basically correspond to the EU requirements. Although the requirements of the sectoral directives in relation to the contents and length of curricula are not fixed currently in Latvian legislation and it is envisaged to integrate them with the adoption of the law "On Regulated Professions and Recognition of Professional Qualifications" and adoption of the corresponding regulations of the Cabinet of Ministers, a mechanism is already operating for harmonisation of curricula with the requirements of the EU. In the Regulations of the Cabinet of Ministers "On Rules of Accreditation of Tertiary Institutions" adopted at the end of 1995, which provide for accreditation of curricula, it is envisaged that the curricula must comply with the requirements set in the EU. Consequently, since 1996 the curricula, which in their contents and length do not comply with the requirements of the sectoral directives, are not accredited in Latvia. Sworn Advocates The operation of the body of sworn advocates in Latvia is presently governed by the Law "On the Sworn Advocates of the Republic of Latvia" adopted on 27 April 1993. Article 4 of the law envisages that only the advocates sworn by Latvia and their assistants can be and practice as barristers. Foreign advocates may practice in Latvia only in accordance with the international agreements of the Republic of Latvia on legal assistance. To harmonise Latvian legislation with the requirements of the directives 77/249/EEC and 98/5/EC, the draft Law "On Regulated Professions and Recognition of Professional Qualifications" and the draft Law "On Amendments in the Law on the Sworn Advocates of the Republic of Latvia" have been formulated. In addition, the Regulations of the Cabinet of Ministers "On Requirements for the Professional Qualifications of the European Union Advocates Practising in the Republic of Latvia and Regulation of Their Professional Practice" have been drafted. The adoption of all the above-mentioned draft documents is planned before mid-2002. They will come into force in relation to recognition of the rights of the advocates of the EU Member States simultaneously with accession of Latvia to the European Union. The responsible institutions are the Ministry of Justice, the Ministry of Education and Science and the Council of the Sworn Advocates of Latvia. Architects The relations among those involved in construction, architects included, are governed by the Law "On Construction". The length of education in the speciality of architecture is four years, which corresponds to the requirements of the EU Directive on the architecture education; the architecture curricula also meet the minimum requirements of Directive 85/384/EEC in relation to programme contents. To fix the currently existing accordance in legislation, simultaneously with the adoption of the Law "On Regulated Professions and Recognition of the Professional Qualifications", it is envisaged to adopt the Regulation of the Cabinet of Ministers "On the Minimum Requirements for Curricula for Acquisition of the Professional Qualification of Architect". It is planned to adopt the Cabinet Regulation before mid-2002. The system for recognition of professional qualifications in architecture is determined in the draft Law "On Regulated Professions and Recognition of Professional Qualifications", which will be adopted before 1 July 2001. It is envisaged to start the recognition of professional qualifications simultaneously with the accession of Latvia to the European Union. It will be possible to start recognition institutionally from 1 January 2003. The existing legislation does not formally forbid foreign architects to perform in Latvia, however the implementation mechanism of that has not been set. The responsible institutions are the Ministry of Education and Science, the Ministry of Environmental Protection and Regional Development, Latvian Union of Architects. Doctors The contents of the tertiary curricula of the providers of medical services âÀ“ doctors in the stage of basic medical education comply with the requirements determined by the Directive 93/16/EEC. Total length of the basic medical education for doctors is 6 years, which involve 5500 hours of theoretical and practical training provided by the University of Latvia and Latvian Academy of Medicine. The education of doctors in specialised fields of medicine (in the doctors' basic specialities, sub-specialities and additional specialities) partly corresponds to the requirements set forward in the Directive 93/16/EEC. Currently the length of education in 8 doctor specialities is shorter than the length of the minimum education determined by the EU directives. In relation to the citizens of the European Union the simplified procedure set forward by Directive 93/16/EEC for recognition of professional qualifications entitling them for rendering short-term medical services has not presently been established. To harmonise the Latvian legislation with the EU requirements, the draft Law "On Regulated Professions and Recognition of Professional Qualifications and the draft Law "On Amendments in the Law on Medicine", as well as the draft Regulations of the Cabinet of Ministers "On Minimum Requirements for Curricula for Acquisition of Professional Qualifications of Doctors" have been elaborated. It is anticipated that the above-mentioned legal documents will be adopted before mid-2002. Staring from 1 September 2002 the curricula in all specialities in medicine will be compliant with the requirements of Directive 93/16/EEC. It will be possible to start the recognition system institutionally from 1 January 2003. The draft Law "On Regulated Professions and Recognition of Professional Qualifications" envisages that the recognition system of professional qualifications comes into force simultaneously with the accession of Latvia to the European Union. The responsible institutions are the Ministry of Education and Science and the Ministry of Welfare. Dentists The tertiary medical curricula in dentistry in the basic education stage comply with the requirements of the EU Directives 78/686/EEC and 78/678/EEC both in relation to the contents and length of the curricula. The length of the total curriculum of dentists is 5 years. The education of dentists in the specialised dentistry (basic and sub-specialities of dentistry) takes place in the universities and clinics thereof, as well as in the medical institutions entitled to training according to the procedure set forward in the Law "On Medicine". It follows complex theoretical and practical curricula and it complies with the regulations on the respective speciality approved by the Minister of Welfare and with the respective EU legislation. To fix the existing compliance in legislation with the adoption of the draft Law "On Regulated Professions and Recognition of Professional Qualifications" it is envisaged to pass the Regulations of the Cabinet of Ministers "On Minimum Requirements for Curricula Leading to Professional Qualifications of Dentists and Sub-specialities in Dentistry". These Regulations will be adopted before mid-2002. The recognition of professional qualifications in dentistry is provided in the draft Law "On Regulated Professions and Recognition of Professional Qualifications". It is envisaged to adopt the law before 1 July 2001. It is envisaged to start the recognition of professional qualifications with the accession of Latvia to the European Union. Institutionally it will be possible to start the recognition from 1 January 2003. The responsible institutions are the Ministry of Education and Science and the Ministry of Welfare. Nurses The curricula of nurses in the most institutions of professional education correspond to the requirements of the EU Directive 77/452/EEC both in relation to their contents and length. The length of these curricula is 3 years or 4600 hours in the form of full-time professional studies, which provide for the compliance of the education acquired to the fourth educational level of the International Standardised Classification of Education (ISCED). Latvia has ratified and is following the Convention of the International Labour Organisation No.149 "On Nurse Personnel". To fix legally the currently existing compliance, with the adoption of the Law "On Regulated Professions and Recognition of Professional Qualifications" it is envisaged to pass the Regulations of the Cabinet of Ministers "On Minimum Requirements for Curricula Leading to Professional Qualifications of Nurse". These Regulations will be passed before mid-2002. The recognition of professional qualifications of nurses is provided in the draft Law "On Regulated Professions and Recognition of Professional Qualifications". It is envisaged to adopt the law before 1 July 2001. It is envisaged to start the recognition of professional qualifications of nurses with the accession of Latvia to the European Union. Institutionally it will be possible to start the recognition from 1 January 2003. The responsible institutions are the Ministry of Education and Science, the Ministry of Welfare and the Centre of Professional Medical Education. Midwives The midwife curriculum that starts with the general secondary education has the length of three years and thus fully complies with the requirements of the Directive 80/154/EEC, where the minimum length of the respective curriculum is 3 years or 4600 hours of theoretical and practical training in the form of full-time studies. Currently the curriculum for midwife qualification that is started with the general secondary education is being reviewed and revised in co-operation with the Centre of Professional Medical Education in order to ensure full compliance of the contents of theoretical and practical training with the requirements of the Directive 80/155/EEC. Currently there is no midwife curriculum in Latvia, which is started after acquisition of a nurse curriculum and the minimum length of which is 18 months or 3000 hours of full-time study. However, in the case of necessity such a curriculum will be designed. The requirements of the Directives 80/154/EEC and 80/155/EEC are integrated in the draft Law "On Regulated Professions and Recognition of Professional Qualifications" and in the draft Law "On Amendments in the Law On Medicine", as well as in the draft Regulations of the Cabinet of Ministers "On Minimum Requirements for Curricula Leading to Professional Qualification of Midwife". The above-mentioned legislative acts will be adopted before mid-2002. The midwife curriculum will fully comply with the requirements of the directives starting from 1 September 2002. The recognition of professional qualifications of midwifes according to the requirements of the EU directives will be started simultaneously with the accession of Latvia to the EU. The Latvian institutions will be prepared to start implementing the recognition of the professional qualifications of nurses from 1 January 2003. The responsible institutions are the Ministry of Education and Science, the Ministry of Welfare and the Centre of Professional Medical Education. Veterinarians The Law "On Veterinary Medicine" presently governs the operation of veterinarians in Latvia. The length of the curriculum leading to the qualification of veterinarian is at least 5 years, which complies with the requirements of the Directive 78/1026/EEC for the length of the veterinarian curriculum. The contents of the veterinarian curricula will be fully harmonised with the requirements of the EU Directives before 1 September 2001. The compliance of the veterinarian curricula with the requirements of the EU directives will be fixed in legislation by the adoption of the Law "On Regulated Professions and Recognition of Professional Qualifications". This law will be adopted before mid-2002. The recognition of professional qualifications of veterinarians is provided for in the draft Law "On Regulated Professions and Recognition of Professional Qualifications". The recognition of professional qualifications of veterinarians will be started simultaneously with the accession of Latvia to the EU. The Latvian institutions will be prepared for it from 1 January 2003. The responsible institutions are the Ministry of Education and Science, the Ministry of Agriculture and the State Veterinary Service. Pharmacists In Latvia, the Law "On Pharmacy" governs this area. This law provides that the managers of pharmacies, executive pharmacists of the medicine wholesale companies and companies producing medicine and their deputies must posses the certificate of their professional qualification. Currently it can be obtained by the citizens of the Republic of Latvia or the persons who possess a non-citizen passport of the Republic of Latvia, who know the Latvian language, who have acquired the tertiary pharmaceutical education and have at least three years work experience in their speciality. This does not comply with the EU requirements. The length of education leading to the speciality of pharmacist is 5 years. It is provided by the Latvian Academy of Medicine. It complies with the requirements of the Directives 85/433/EEC and 85/432/EEC. There are two levels of qualification in the profession of pharmacist: pharmacists and managers of pharmaceutical operations. The requirements for pharmacists already comply with the EU requirements. To eliminate the existing limitations concerning pharmacy managers, executive pharmacists of medicine wholesale companies and companies producing medicines and their deputies the draft Law "On Amendments to the Law On Pharmacy" as well as the draft Regulations of the Cabinet of Ministers "On Minimum Requirements for Curricula Leading to Professional Qualification of Pharmacist" have been elaborated. These legal acts will be adopted before mid-2002, but will come into force simultaneously with the accession of Latvia to the EU. The recognition of professional qualifications of pharmacists is provided for in the draft Law "On Regulated Professions and Recognition of Professional Qualifications" and it will come into force simultaneously with the accession of Latvia to the European Union. The Latvian institutions will be prepared for it from 1 January 2003. The responsible institutions are the Ministry of Education and Science and the Ministry of Welfare. The Position of Latvia 1. Latvia will be fully prepared to adopt the acquis communautaire and assume all obligations of a Member State in relation to recognition of professional qualifications starting from 1 January 2003. 2. Simultaneously with the recognition of professional qualifications awarded in the European Union, Latvia requests the recognition in the European Union of the professional qualification awarded in the Republic of Latvia as well as inclusion of the professional qualification awarded in Latvia in the field of the EC sectoral directives in the corresponding lists of these directives enumerating the recognised professions. 3. Latvia requests the recognition in the European Union of the professional qualifications of those Latvian nationals, who posses the educational diplomas issued by educational institutions of the former USSR and recognised in Latvia and who have worked in the profession matching their education in Latvia for a significant period of time. 4. In the professions governed by sectoral directives, Latvia requests the recognition of the diploma and professional qualifications of those persons, who have acquired their education before the contents and length of the respective curriculum is co-ordinated with the requirements of the sectoral directives and recognition of the professional qualifications in the Member States of the European Union. Right of Residence Latvian legislation partly complies with the EU acquis communautaire. The related issues are governed by the Law "On Entry and Residence of Aliens and Stateless Persons in the Republic of Latvia", as well as by the Regulations of the Cabinet of Ministers No. 417 "On the Procedure of Issuing and Registering Residence Permits". The above-mentioned legal acts do not provide for a particular order of issuing residence permits to the citizens of the EU Member States and their family members. The reasons for the refusal on cancellation of the residence permits in Latvia are similar to the ones mentioned in Directive 64/221/EEC. With the Prime Minister's Order No. 137 from 12 April 2000 the working group has been set up to formulate a new draft Law "On Immigration", which would comply with the requirements of the European Union. It is planned that the new Law "On Immigration" will be adopted before the end of 2001. The Law "On Immigration" will include the requirements mentioned in the Directives 90/364/EEC, 90/365/EEC, 93/96/EEC, 73/148/EEC and 64/221/EEC by naming those categories of persons, which are entitled to receive the document "Residence Permit of the EU Citizen" as well as will formulate the procedure of issue and cancellation of this residence permit. The norms governing the entry and residence of the European Union citizens in the Republic of Latvia will come into force with the accession of Latvia to the EU. The necessary administrative body for implementation of these legislative requirements already exists âÀ“ the Citizenship and Migration Board. Citizenship of the European Union Latvia accepts the acquis communautaire in the area of free movement of persons as regards the citizenship of the European Union and is ready to implement it fully from the date of the accession to the EU. To achieve a full conformity of Latvian laws with the requirements of Directives 94/80/EEC and 93/109/EEC, a new Law "On the Election of the European Parliament" is being drafted, as well as amendments will be made to the Law "On Elections of (City) Town Council, District Council and Parish Council". The above-mentioned draft law and amendments will be submitted for approval to the Cabinet of Ministers before 13 December 2000. The norms governing the elective franchise of the European Union citizens in the Republic of Latvia will come into force with the accession of Latvia to the EU. The responsible institution is the Ministry of Justice. Migration Currently the Latvian legislation conforms to the requirements of acquis communautaire in the area of migration (Directive 88/384/EEC). The necessary administrative body already exists âÀ“ the Citizenship and Migration Board. Visas Visa policy is examined in detail under Chapter 24: "Co-operation in Justice and Home Affairs". The acquis communautaire in this area will be introduced until 31 December 2002 by amending the existing legislation. The EU acquis communautaire in relation to Visa policy has been introduced partly. Currently there exists a simplified procedure for crossing the border for border area inhabitants with the Republic of Belarus, as well as a particular procedure for the persons crossing the territory of Latvia by railway transit. The simplified border crossing procedure for citizens of the Russian Federation living in the border area has been replaced with the visa regime, since the Agreement on Simplified Border Crossing Procedure with Russia expired on 10 October 2000. Similar agreement with Belarus will be amended by the end of 2000. Visa stickers meet the requirements of acquis communautaire (Regulations No 1683/95) in their form, contents and protection against forgery. On 1 January 2000, the issue of machine-readable visas was started and all visas issued are registered in the Unified Visa Information System. There exists the necessary administrative infrastructure âÀ“ the Citizenship and Migration Board, the Immigration Police Board and the National Border Guard, as well as the diplomatic and consular missions of the Ministry of Foreign Affairs abroad. Free Movement of Workers Latvian legislation partly complies with the requirements of the EU legislation in the area of free movement of workers. Latvian legislation must be supplemented to provide for the conformity with the EU acquis communautaire in the area of employment of migrant workers (Regulation No 1251/70) by simplifying the order for receiving work permits, as well as by naming the migrant workers which would not be subjected to limitations in relation to receiving work permits and by adopting the new Law "On Immigration" until 31 December 2001. Until 31 December 2001, the principles of equal rights to employment, as well as the rights of students and their family members to work during their training course will be included in the Regulations of the Cabinet of Ministers "Employment of Foreign Citizens and Stateless Persons in Latvia". Latvian legislation does not provide for the order in which the citizens of the EU Member State, who have been employed in the territory of Latvia and their family members are entitled to permanent residence (EC Regulation No1251/70). Latvian legislation does not provide for the order, according to which residence permits are issued to the citizens of the EU Member States (Directive 68/360/EEC). The requirements of the Regulation 1251/70, Directive 68/360/EEC and Directive 72/194/EEC will be included in the new Law "On Immigration", which will be adopted until 31 December 2001. The provisions of the new Law "On Immigration" and Regulations of the Cabinet of Ministers "Employment of Foreign Citizens and Stateless Persons in Latvia" governing free movement of persons, will come into force upon accession of Latvia to the EU. Limitations for employment of migrant workers and their family members will be cancelled in accordance with the requirements of the EU legislation with the accession of Latvia to the EU in relation to the nationals of the EU Member States. The limitations, however, will remain in force in Latvia as regards the employment of migrant workers from the third countries. The responsible institutions for the implementation of the Regulations of the Cabinet of Ministers will be the Ministry of Interior, the Citizenship and Migration Board, the Ministry of Welfare and the non-profit organisation state joint-stock company State Employment Service. EU EURES Network The EURES network is based on a unified electronic database and precisely determined information exchange system. The employment services of the EURES member states in co-operation with the Commission provide for the availability of the EURES database in all member states of EURES. Latvia will be prepared to join the EURES network before 1 January 2003. The responsible institution for the work with the EURES network will be the State Employment Service. Safeguarding the Supplementary Pension Rights of Employed and Self-employed Persons Moving within the Community Latvia envisages that the requirements of Directive 98/49/EC will be fully introduced in Latvian legislation from the date of accession of Latvia to the EU. The Financial and Capital Market Inspectorate (will be in place from 1 July 2001) will be in position to supervise the implementation of the Directive. Co-ordination of Social Security Schemes Latvia is ready to assume the obligations of a Member State as regards co-ordination of social security schemes from the date of accession to the EU. The system of social security has been established in Latvia that comprises all traditional branches within the meaning of the EU Regulation No 1408/71 "On the Application of Social Security Schemes to Employed Persons, to Self-employed Persons and to Members of Their Families Moving within the Community". The system of social security is governed by the following laws: "On State Social Insurance"; "On Social Security"; "On State Pensions"; "On Maternity and Sickness Insurance"; "On Insurance Against Unemployment"; "On Compulsory Social Insurance Against Accidents At Work and Occupational Diseases"; "On Social Assistance"; "On State Funded Pensions".
The legislation of the Republic of Latvia allows for application of the principles of the social security co-ordination. Latvia is acquiring the experience in the co-ordination of social security schemes by applying the bilateral agreements on social security. Currently the agreements on social security cover the Baltic States and Ukraine, there is an agreement on payment of pensions with the USA. Since 1 May 1998, the agreement between Latvia and Sweden "On Medical Care for Temporary Visitors" has been in force. The social security agreement between Latvia and Finland has been in force since 1 June 2000. As a Member State of the EU, Latvia will be competent for provision of health care to the family members of the persons covered by the Latvian legislation. As in the Latvian legislation governing the right to health care the definition "family member" is not used, a corresponding definition must be included in Annex I.II (Persons, covered by the Regulation. Members of the family) of the Regulation 1408/71. The necessary institutional system for co-ordination of social security schemes has been formed in Latvia, which comprises the Ministry of Welfare, the State Social Insurance Agency, the State Compulsory Health Insurance Agency and the State Revenue Service. The State Employment Service will also be involved in order to provide the information necessary for the co-ordination process. The Position of Latvia 1. Latvia will be fully prepared to adopt the acquis communautaire and to assume the obligations of a Member State in the area of the co-ordination of the social security schemes starting from 1 January 2003. 2. Latvia requests to include the definition of the notion "family member" in Annex I.II (Persons, covered by the Regulation. Members of the family) of the Regulation 1408/71. 3. Latvia requests to include the child birth grant in Annex II.II (Special childbirth or adoption allowances, excluded from the scope of the Regulation 1408/71 under the Article 1.(u)(i)). 4. Latvia requests to include the state social security benefit, as well as the benefit for the compensation of transportation expenses for disabled persons with restricted mobility in Annex II.a (Special non-contributory benefits) of Regulation 1408/71. The above-mentioned benefits are considered to be special, non-contributory benefits. 5. Latvia requests to include the Agreement between the Government of the Republic of Latvia and the Government of the Kingdom of Sweden "On Medical Care for Temporary Visitors" of 4 February 1998 and the Agreement between the Republic of Latvia and the Republic of Finland On Social Security of 11 May 1999 into the Annex IIIA (Provisions of social security conventions remaining applicable notwithstanding Article 6 of the Regulation) of Regulations 1408/71. Taking into consideration all the aforementioned the Republic of Latvia proposes to start negotiations in the chapter "Free Movement of Persons" on mutual recognition of professional qualifications and co-ordination of social security schemes.
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