Delegated regulation 2019/907 - Common Training Test for ski instructors under Article 49b of Directive 2005/36/EC on the recognition of the professional qualifications - Main contents

EN

Official Journal of the European Union

L 145/7

Currently, ski instructors benefit from the principle of mutual recognition of their qualifications under Directive 2005/36/EC. Establishing a common training test for ski instructors (‘CTT’) would introduce an automatic recognition for certain ski instructor qualifications to enable holders of those qualifications to move more easily between Member States. The CTT would be one way of facilitating the mobility of ski instructors across the Union. For ski instructors who are not eligible to participate in the CTT or who have not passed the CTT, the general framework for recognition of their qualifications under Directive 2005/36/EC would continue to apply.

The profession of ski instructor or alternatively the education and training leading to the qualification as a ski instructor is regulated in more than one third of Member States and therefore the requirements under Article 49b(2) of Directive 2005/36/EC are fulfilled.

In 2012, a Memorandum of Understanding (‘Memorandum’) establishing a pilot project for a professional card to be issued to ski instructors in the Union was signed by nine Member States, namely Austria, Belgium, Denmark, France, Germany, Italy, Romania, Spain and the United Kingdom. Slovenia and the Czech Republic subsequently signed the Memorandum in 2014. The Memorandum recognised the acquired rights of ski instructors who were nationals of those signatory Member States as of the date of the Memorandum. The Memorandum also stipulated that the successful completion of the Eurotest and Eurosecurity tests were prerequisites for the automatic recognition of the qualification as a ski instructor amongst those Member States as of the date of signing the Memorandum. In order to ensure legal certainty, it is appropriate and reasonable to rely on these two tests as basis for the content of the CTT and to take the provisions agreed in the Memorandum into account as a common basis for this Regulation.

Any ski instructor covered by this Regulation should be capable of ensuring that ski instruction classes are safely conducted with full autonomy in a snowy mountainous environment, but excluding those areas where mountaineering techniques are required. Therefore, in order to ensure a high quality of ski instruction, it is appropriate that the qualifications which confer the eligibility of candidates to participate in the CTT should also include certain teaching skills.

Participation in competitions managed by the Fédération Internationale du Ski (‘FIS’) and any FIS points awarded as part of those competitions should be taken into consideration, where appropriate, when processing a request for an exemption in relation to Part I of the CTT as regards the certification of technical ability.

In the interests of legal certainty it is necessary to recognise the acquired rights of both ski instructors who hold a professional card issued under the Memorandum as well as those who hold a qualification listed in Annex I in a Member State, which is not a signatory to the Memorandum, where they can demonstrate the required experience as a ski instructor under specific conditions...