Denmark Agreement
Framework Agreement for the Application of the Directive 89/48/EE between the 'Konstruktorfereningen' in Denmark and the 'Chartered Institute of Building' whose headquarters are based in the United Kingdom
Preamble
Following the efforts that have been made by the European Union to promote the idea of greater harmonisation through an effective free movement of persons, services and capital, a parallel movement has been developed with regard to the relationship between "Chartered Institute of Building, CIOB" and "Konstruktørfereningen", within the framework of the mutual recognition of qualifications established by the Directive 89-48-EEC.
This disposition has led to the formulation of the present Framework Agreement between both Institutions with the objective of achieving a method to facilitate and simplify the process of the mutual recognition of qualifications established by the Directive 89-48-EEC, for the members of both Institutions.
To that end.
Assembled
On the one hand Mr David DEAS, President of the "Chartered Institute of Building", with headquarters in Englemere, Kings Ride, Ascot, Berkshire, in the United Kingdom, and on the other hand Mr Ole Binderup JORGENSEN, Chairman of the Board for "Konstruktørforeningen" in Denmark, with headquarters in Copenhagen, Ny Vestergade 13, 3.
State
That the Institutions which they represent, each from its respective legal scope of competence, are firmly committed to contributing to the effective application of the Directive 89-48-EEC and, thereby, the removal of barriers to the free movement of persons and services in accordance with the constituting Treaty of the EU, according in any case to the application of the legal requirements of the two members states and the European Union.
That the removal of these barriers implies, for the nationals of the member states, the facility to practise their profession, on the own account or on behalf of others, in a different country from the one where they have acquired their academic and professional qualifications.
That the "CIOB" has been recognised in the United Kingdom as the Competent Authority within the scope of the Directive 89-48-EEC, to such end that any procedure of mutual recognition as a ‘Chartered Builder' will have to be dealt and decided by that Institution.
That "Konstruktørforeningen" is a professional Institution which represents ‘Bygningskonstruktører' (Constructing Architects) in Denmark who fulfil all the requirements in Directive 89-48-EEC except that their profession is not regulated but whose education is regulated by Danish law.
That both Institutions consider it essential to strengthen their identity at international level, and this has prompted them to take part in other European professional organisations, with the purpose of widening the professional horizons of their members, as well as widening the exchange of information and knowledge with their colleagues in other countries.
That the assumed commitments in this Framework Agreement will be of minimum character, both parties being obliged to its fulfilment within the scope of their competence's and without prejudice to the improvements that can be introduced in later developments agreed between the parties.
Therefore, it is established, by the Institutions represented in this document, the present Framework Agreement according to the following:
*1 The aim of this agreement is to regulate the conditions that deal with and decide upon the procedures for the mutual recognition of diplomas and professional qualifications between the members of the "Chartered Institute of Building, CIOB" as described in the ECBP Information Card Serial Number GB 1996 who are eligible under Directive 89-48-EED and "Konstruktørforeningen" as described in the ECBP Information Card Serial Number DK 1995 who are eligible under Directive 89-48-EEC except for the regulation requirement, without prejudice to the competence's of authorities in either country.
*2
To facilitate the professional practice of ‘Chartered Builders' as mentioned in §1 as ‘Bygningskonstruktør' in Denmark, "Konstruktørforeningen" undertakes to accept as full member in "Konstruktørforeningen" all the community citizens who prove to be in possession of the academic diploma of ‘Chartered Builder' accredited by the "CIOB" and of the kind that fulfils the requirement of Directive 89-48-EEC.
The procedure for the acceptance of a ‘Chartered Builder' of the kind mentioned above as a full member of "Konstruktørforeningen" will be governed by the following rules:
The ‘Chartered Builder' will submit an application letter to "Konstruktørforeningen" enclosing the following documentation:
- A certification from the "CIOB" stating that the applicant is a member of the organisation and in which membership category.
- The Academic diploma of ‘Chartered Builder' accredited by the "CIOB".
- A detailed course programme indicating subjects and numbers of lessons.
"Konstruktørforeningen" undertakes to accept and register all qualified applicants as full member of its Institution within a period of four months from the presentation of the application and the documentation mentioned in the paragraph above.
In all cases, individuals will be able to remain in membership of "Konstruktørforeningen" as long as they continue to pay their annual subscriptions and abide by the Institution's Rules.
"Konstruktørforeningen" is committed to assist and give the necessary professional advice to all the ‘Chartered Builder' applicants who are member of the "CIOB".
*3
To facilitate the professional practice of Danish ‘Bygningskonstruktører' (Constructing Architects) as mentioned in §1 as ‘Chartered Builders' in Great Britain, "CIOB" undertakes to accept as members in "CIOB" all the community citizens, who prove to be in possession of the academic diploma of ‘Bygningskonstruktører BTH' qualified by Danish law, and are full members of "Konstruktørforeningen" (m.a.k.).
The procedure for the acceptance of Danish ‘Bygningskonstruktører m.a.k.' of the kind mentioned above as member of "CIOB" will be governed by the following rules:
The Danish ‘Bygningskonstruktør' will submit the application form listed in the annex to this Agreement to the "CIOB" enclosing the following documentation:
- A certification from "Konstruktørforeningen" stating that the applicant is a member of - the Institution.
- The Academic diploma of ‘Bygningskonstruktør BTH'.
- A detailed course programme indicating subjects and number of lessons.
- Documentation for professional experience as a ‘Bygningskonstruktør in Denmark.
"CIOB" undertakes to accept and register all qualified applicants as member of the Institute within a period of four months from the presentation of the application and the documentation mentioned above. This registration will be handled in the following way:
Those who have less than 2 years approved professional experience as a ‘Bygningskonstruktør' will be automatically accepted into the "CIOB" as Graduate Members. This will allow them to accede immediately to the work market in the United Kingdom.
Those who have at least 2 years approved professional experience as a ‘Bygningskonstruktør' will be automatically accepted into the "CIOB" as Associate Cadet Member (ACIOB), subject to them providing and undertaking that they will seek to progress to full Corporate Membership (MCIOB) within a period of 7 years. However, once candidates have acquired 3 years accredited professional experience they will be able to apply immediately for full corporate membership of "CIOB" (see 3 below).
Those with 3 or more years accredited professional experience will be accepted into the "CIOB" as a Corporate Member (MCIOB), and allowed to use the title ‘Chartered Builder'.
Professional experience in Denmark will be approved by detailed certification of the "Konstruktørforeningen" and it will refer to the professional activity as a ‘Bygningskonstruktør', of the applicant.
Accredited experience will be assessed either by "CIOB" professional interview or equivalent assessment and detailed certification of the "Konstruktørforeningen", referring to the professional activity as a ‘Bygningskonstruktør'.
In all cases, individuals will be able to remain in membership of the Institute as long as they continue to pay their annual subscriptions and abide by the Institutes Rules and regulations of Professional Competence and Conduct.
The "CIOB" is committed to assist and give the necessary professional advice to all the Constructing Architect applicants who are member of "Konstruktørforeningen".
*4
The present Framework Agreement will last for three years and will come into effect the
1st of May 1998.
It will be extended automatically for periods of one year unless written notice is given to the contrary by either party within sixty Calendar days prior to its expiration.
In approval of this agreement, both parties, as they are represented, confirm the present Framework Agreement in three copies and to that end in Ascot and Copenhagen.
