The Governments of Denmark, Finland, Iceland, Norway and Sweden,

Having concluded an Agreement concerning a common Nordic labour market (6 March 1982),

Striving, pursuant to article 14 of the Agreement of 23 March 1962 between Finland, Denmark, Iceland, Norway and Sweden concerning cooperation, to maintain and further develop the common Nordic labour market,

Considering that the possibility of free movement between the Nordic countries for persons who have received full-time higher education for at least three years, qualifying them to exercise a profession, will promote the economic and social development of those countries,

Considering that the officially regulated training of such persons in the different Parties is in general the same,

Endeavouring to achieve an adequate training capacity for such persons in each of the Parties and maximum uniformity in training and legislation for them,

Aware that free movement between the Nordic countries implies reciprocal recognition of all education qualifying persons to exercise a profession,

Have agreed on the following provisions:

Article I

This Agreement shall apply to persons who are nationals of one of the Parties and who have received full-time higher education for at least three years, qualifying them to exercise a profession or obtain employment. The Agreement shall also cover persons who have pursued part-time studies of equivalent duration covered by the Agreement.

For the purpose of this Agreement, "higher education" means education for which the normal entry requirement is general secondary school qualifications.

For the purpose of this Agreement, "duration" of training means the duration specified in the provisions governing the studies in question.

The Agreement shall not apply to persons who are already covered by:

• The Nordic labour market agreement of 25 August 1981 concerning health and veterinary personnel;

• The Agreement of 3 March 1982 concerning a common Nordic labour market for class teachers in elementary schools;
• The Agreement of 29 September 1986 on a common Nordic labour market for specialist teachers, teachers of practical subjects and the arts, and specialist teachers in elementary schools; or
• The Agreement of 29 September 1986 on a common Nordic labour market for specialist teachers, class teachers in upper secondary school and vocational schools.

Article 2

A person who has obtained and still has a license, permit or other equivalent form of legal recognition as a professional on the basis of one of the professional courses covered by this Agreement shall be entitled, in accordance with the conditions laid down in this Agreement, also to obtain such recognition in the other Parties in which regulations concerning recognition are in effect.

Recognition shall confer the right to exercise a profession and to use the title designated for that profession.

For the purpose of this Agreement, "approving authority" means a professional association which, in accordance with national legislation, has the right to accept members. Members therefore enjoy the right to carry out the occupational functions and use the title reserved for the association's members and are subject to the association's disciplinary authority.

Professionals trained in a Party in which no regulations concerning the recognition of such professionals are in effect shall be entitled to obtain recognition in the Parties which have regulations concerning such recognition, in accordance with the conditions laid down in article 5.

In the event that one Party, through legislation or other rules, determines that employment in certain positions shall be conditional on national training covered by this Agreement, persons who have received training that corresponds to the one prescribed and that has taken place mainly in the territory of another Party may also apply for such positions. They shall be placed on the same footing as applicants who have pursued studies prescribed by the corresponding Party, provided that they fulfil the language requirement laid down in article 4.

GENERAL REQUIREMENTS

Article 3

A Party may require that a person seeking recognition under this Agreement have a satisfactory knowledge of laws and administrative rules relevant to the practice of his profession in that country. This requirement shall be limited to what is necessary and appropriate for the reasonable exercise of the profession in question.

Article 4

For the purpose of granting recognition, Denmark, Norway and Sweden may require that the applicant have a satisfactory command of the Danish, Norwegian or Swedish language, respectively.

For the purpose of granting recognition, Finland and Iceland may require that the applicant have a satisfactory command of the Finnish or Icelandic language, respectively.

Finland may require, in lieu of a command of the Finnish language, that the applicant have a satisfactory command of the Swedish language, where this is required under Finnish legislation. Likewise, Finland may require that the applicant have a satisfactory command of both Finnish and Swedish.

SPECIAL REQUIREMENTS

Article 5

In the event that special recognition is not required as a condition for exercising a profession by the Party in which the applicant has been trained, a Party may grant recognition on condition that the applicant has exercised his profession during at least three of the past ten years in the territory of the latter Party.

If the condition laid down in the first paragraph of this article has not been met, the applicant may be required to have exercised his profession during at least three years under the responsibility of a recognized professional in one of the Parties in question before recognition is granted.

If the applicant has obtained recognition for his studies from a third Party, the application shall be treated as if the applicant had received recognition from the Party in which he was educated.

Article 6

When recognition of exercise is based on the condition that studies qualifying a candidate to exercise a profession should be supplemented by a period of practical work under the responsibility of a recognized professional, a Party may require that a probation period of corresponding duration be completed in the other Party. If the applicant has not completed the probation period mentioned in the first paragraph of this article, or if the probation period that the applicant has completed is shorter than the period required by the Party in which recognition is sought, that Party may require that the remainder of the probation period be completed under the responsibility of a recognized professional in one of the Parties in question.

However, if recognition to practise as a lawyer or auditor is sought, a Party may require that the applicant first exercise his profession for at least three years under the responsibility of an approved auditor or lawyer in one of the Parties or pass a test of competence set by one of the Parties. Denmark may also impose this requirement for applicants seeking appointment as a chartered land surveyor. The Party may impose either a probation period or a test of competence as a requirement.

Article 7

In the event that an applicant's training to qualify him to exercise a profession is more than a year shorter than that required by one of the Parties, that Party may grant recognition, provided that: The applicant serves a probation period (see article 6), has either practised his profession in another Party for a period which may be at most twice as long as the difference between the duration of the studies in the Party where recognition is sought and the duration of the studies completed by the applicant, or practises the profession under the responsibility of a recognized professional for the corresponding period, or The applicant undergoes additional training, prescribed by the Party, concluding with a proficiency test.

APPLICATION FOR RECOGNITION AND DECISION-MAKING PROCEDURES

Article 8

A person seeking recognition under the terms of this Agreement shall demonstrate to the approving authority that he has fulfilled the requirements established by this Agreement. Recognition shall be granted to applicants who fulfil the above-mentioned requirements, in the absence of circumstances which could lead to the withdrawal of such recognition (see article 9). The approving authority shall, at the latest four months after the necessary documentation and information for processing the application have been submitted, make a reasoned decision. A rejection may be appealed to a higher authority by the applicant, in conformity with the Party's general rules on the right of appeal.

The approving authorities of the Parties shall provide each other all information that may be useful in relation to applications seeking recognition. They shall also inform each other on recognition that is being notified on the basis of this Agreement.

WITHDRAWAL OF RECOGNITION, ETC

Article 9

Where recognition is withdrawn by the Party which originally granted it, recognition granted subsequently in another Party shall be withdrawn. Otherwise recognition granted subsequently may be withdrawn only in accordance with the regulations of the Party which granted it, but account may also be taken of any criminal offence committed, or incompetence or obvious unsuitability demonstrated in another Party.

Where a professional who has obtained recognition in more than one Party is subjected to judicial or disciplinary measures in one of those Parties in connection with his professional activities there or where recognition which has been granted to him is withdrawn, the approving authority in the other Party or Parties shall be notified of such measures or withdrawal and of the reasons therefor. Notification shall also take place if restrictions are imposed on the professional's right to practise in his field.

CITIZENSHIP AND EMPLOYMENT, ETC.

Article 10

The granting of recognition as a self-employed professional under the terms of this Agreement may not be made conditional on the applicant possessing or seeking citizenship in the country for which recognition is sought.

Employment to fill a position which presupposes that training covered by this Agreement has been pursued may not as a rule be made conditional on the applicant possessing or seeking citizenship in the country in which employment is sought. However, positions of responsibility in the civil service, positions in the judiciary, public prosecution, enforcement of claims, police and defence, and in general positions with implications for national security may be reserved for nationals.

Article 11

Previous employment of a professional in an area which is regulated by this Agreement shall, when he seeks a position in another Party, be considered equivalent to similar occupation in that Party.

Article 12

A person who has been employed in a different Party from the one in which he pursued his studies must be placed on the same footing as a Party's own nationals as regards the right to salary, pension and other rights pertaining to the position.

Article 13

Each of the Parties shall, as far as possible, bring its legislation into line with the principles embodied in the provisions of article 2, paragraph 5, and articles 10 to 12 with respect to official positions and ensure that these principles are also observed in positions outside the public service.

A Party may, however, adopt or follow legal provisions and other rules of law according to which employment as a judge or prosecutor and employment in a similar position within the judiciary, public prosecution and enforcement of claims are conditional on a satisfactory trial period, which should not exceed three years, or passing of an aptitude test. Finland may impose a corresponding requirement for employment as "allmänt rattsbiträde". The Party may impose either a trial period or aptitude test as a requirement.

OTHER PROVISIONS

Article 14

The provisions of the Agreement and Protocol of 6 March 1982 concerning a common Nordic labour market and guidelines for Nordic placement services established for its implementation shall apply to cases of employment of persons covered by this Agreement. The approving authorities shall provide each other and the Nordic Labour Market Committee on a continuing basis with such reports and information as may be useful for the purpose of evaluating labour market trends in the Parties.

Article 15

The Parties shall jointly oversee the implementation of the Agreement and shall amend and supplement it as required by subsequent developments. To that end, the Nordic Council of Ministers shall establish an advisory committee with the capacity to submit recommendations on amendments or additions to the Agreement. The approving authorities in the Parties may further consult with the committee on the interpretation of the Agreement. The Agreement may be revised, at the latest, five years after it enters into force.

ENTRY INTO FORCE

Article 16

The Agreement shall enter into force 30 days after the date on which all the Parties have notified the Danish Ministry of Foreign Affairs of their approval of the Agreement. In the case of the Faroe Islands, Greenland and Aland, the Agreement shall enter into force 30 days after the Danish and Finnish Governments respectively have notified the Danish Ministry of Foreign Affairs that the home rule Governments of the Faroe Islands and Greenland and the home rule Government of Aland, respectively, have announced that the Agreement shall apply to the Faroe Islands, Greenland and Aland.

The Faroe Islands and Greenland may require that a person seeking recognition have a satisfactory command of the Faroese or Greenlandic language, respectively. The Danish Ministry of Foreign Affairs shall inform the other Parties when it has received such notifications and when the Agreement enters into force.

Article 17

A Party may denounce the Agreement by giving written notice of denunciation to the Danish Ministry of Foreign Affairs, which shall inform the other Parties of that fact. The denunciation shall operate only as regards the country effecting it and shall take effect six months after the date on which the notification is received by the Danish Ministry of Foreign Affairs.

Article 18

The original text of this Agreement shall be deposited with the Danish Ministry of Foreign Affairs, which shall send certified copies to the other Parties.

In witness whereof the undersigned plenipotentiaries have signed this Agreement.

Done at Copenhagen on 24 October 1990 in a single original in the Danish, Finnish, Icelandic, Norwegian and Swedish languages, all the texts being equally authentic.

PROTOCOL

On signing the Agreement on a Nordic labour market for persons who have received higher education for at least three years, qualifying them to exercise a profession, the undersigned plenipotentiaries have agreed on the following Protocol, which shall form an integral part of the Agreement:

1. The Parties attach great importance to the further development of the common labour market in order to arrive at a situation in which no Nordic national is prevented from obtaining employment in another Nordic country in a field in which he has been trained. The Parties shall therefore are ensure that the Agreement is approved and that amendments to their national legislation, as provided in the Agreement, are made by 1 July 1991 at the latest.

2. This Agreement does not cover the question of reciprocal academic recognition of higher education, which is understood to mean the right of Nordic nationals to have their previous higher education recognized as part of the basic education, or as a foundation for postgraduate training at an institution of higher learning or research institution in another Nordic country.

3. The Parties note that the definition of higher education in article 1, paragraph 2, of this Agreement is interpreted by Denmark in accordance with European Union regulations on the subject.

4. The Parties have agreed that the provisions of article 2, paragraph 1, also cover persons who have obtained recognition of their status, authorization or other similar form of recognition in one of the Parties as a professional on the basis of a non-Nordic education.

5. Denmark intends to freely implement the provisions of article 3 on the basis of reciprocity

6. The Agreement of 18 December 1973 with additional protocol of 28 June 1990 between Sweden, Denmark, Finland and Norway on coordination of pension entitlements under State pension schemes apply to the determination of entitlements in accordance with article 12 for nationals from one of the four countries concerned who obtain government employment in one of the other countries.

7. The Parties have agreed to entrust to the advisory committee mentioned in article 15 the task of following trends in national implementation and interpretation of the Agreement and also of ascertaining whether each Party should appoint a central authority to monitor such trends. The original text of the Protocol shall be deposited with the Danish Ministry of Foreign Affairs, which shall transmit certified copies to the other Parties.

In witness whereof the undersigned plenipotentiaries have signed this Protocol.

Done at Copenhagen on 24 October 1990, in a single original in the Danish, Finnish, Icelandic, Norwegian and Swedish languages, all the texts being equally authentic.

Unless otherwise indicated, the translation of this text into English has been made by the Secretariat of the United Nations, See 2084UNTS36172.

Signing of agreement

Date: Oct 24, 1990

Location: København