Geologist in the scope of activities consisting in performing, supervising and directing geological works in category VII - recognition of qualifications

Are you a citizen of a member state of the European Union, or Norway, Iceland, Liechtenstein or Switzerland? Do you have qualifications to practise as a geologist in the field of activities consisting in performing, supervising and directing geological works in category VII and would you like to practise this profession in Poland? Read the description of the service and apply for recognition of your qualifications.

How to proceed

What you should know and who can use this service

Who can use the service

Citizens of Member States of the European Union, the Swiss Confederation or the Member States of the European Free Trade Association (EFTA) - parties to the Agreement on the European Economic Area, who have acquired in these States, beyond the territory of the Republic of Poland, qualifications to exercise the profession of geologist in category VII (determination of geological and engineering conditions for the purposes of: spatial planning, the foundation of buildings, with the exception of the foundation of mine buildings and hydro-engineering constructions).

When you should complete this procedure

At any time

Where you can complete this procedure

Ministerstwo Klimatu i Środowiska
Departament Geologii i Koncesji Geologicznych
Wawelska 52/54, 00-922 Warszawa

What to do step by step

1. Submission of a written application with attachments for the initiation of proceedings for the recognition of qualifications to exercise the profession of geologist in category VII

According to Article 13 of the Act of December 22, 2015 on Principles of Recognizing Professional Qualifications Acquired in the Member States of the European Union, proceedings for recognition of qualifications are initiated on the basis of an application. The application must be accompanied by certificates of qualifications (education, professional experience), drawn up in Polish, or with a translation into the Polish language.

If the person applying for the recognition of qualifications does not have his/her place of residence or habitual residence or registered office in the Republic of Poland or another Member State of the European Union, if he/she has not appointed an attorney-in-fact to conduct the case of the person residing in the Republic of Poland and does not act through the consul of the Republic of Poland, he/she is obliged to indicate in the Republic of Poland an attorney for service. Appointment of such an attorney-in-fact is not required when the service letters are delivered by means of electronic communication.

Documents

2. Confirmation of receipt of the application

The Minister of Environment notifies the applicant of the receipt of the application within one month from the date of its receipt.

Documents

Time limit

Within 1 month.

3. Verification of the application in view of formal and substantive requirements

The Minister of Environment carries out a formal verification of the application. In case of finding formal deficiencies, he summons the applicant to supplement the application, under the penalty of leaving the application without consideration.

The applicant may request that proceedings be suspended if the time limit set in accordance with Article 13(5) of the Act on the rules for the recognition of professional qualifications acquired in the Member States of the European Union is not sufficient to remedy the deficiencies within the time limit.

During the substantive verification, the Minister of the Environment is required to determine what the qualifications acquired abroad by the applicant entitle to, and whether they are suitable to exercise the profession of geologist in category VII.   For this purpose, he makes a query through The Internal Market Information System (IMI), which is routed to the appropriate authorities in the country where the applicant acquired the qualifications. The IMI allows to check whether a profession is regulated in the home country of the applicant, and if so, whether the applicant is entitled to its exercise and whether the submitted document is valid and authentic (that is whether the certificate submitted by the applicant is actually listed in the register). The answer is given within about two weeks.

The recognition of professional qualifications to exercise the profession of geologist in category VII depends primarily on the powers held by the applicant or the program of education and training, as well as work experience, which is held by the applicant.

4. Issuance of a decision

In the case where the program of education and training received by the applicant in his country is very different from the program of education and training required in Poland, or if the scope of the profession exercised by the applicant in his State differs greatly from the scope of the profession in Poland, the Minister of the Environment may take a decision on the recognition of qualifications of the applicant subject to completing an adaptation period or taking an aptitude test.

In order to fulfil the gaps in knowledge resulting from differences between the education or experience held by the applicant and Polish regulations governing the right to exercise the profession of geologist in the field of category VII, the Minister of Environment issues a decision on the need to complete an adaptation period or take an aptitude test. 

The decision determines the scope of the program which will be included in the aptitude test, or the length of the adaptation period, and sets out its agenda. The applicant, upon receipt of the decision, shall choose between an adaptation period and an aptitude test and notify the Minister of the Environment on his choice.

The agenda of the adaptation period or scope of the aptitude test is determined individually, taking account of:

1) certificates and diplomas and other documents certifying the qualifications held by the applicant;

2) previous experience of the applicant;

3) differences resulting from the specifics of a regulated profession in the field of geology in the Republic of Poland and the applicant's country, including the knowledge of Polish law, necessary to exercise a regulated profession in the field of geology.

5. Submission of an application to undergo an adaptation period or to take an aptitude test

The applicant, upon receiving the decision made by the Minister of the Environment, not later than within 3 months from the date of receipt of the decision, submits a written application to the Minister of the Environment to undergo an adaptation period or to conduct an aptitude test (the applicant himself chooses the form of closing the gap between his qualifications and the qualifications specified in the provisions related to the exercise of the profession of geologist in category VII). 

An adaptation period can be carried out in enterprises in organizational units which are not business entities, whose field of activity includes geological works, and in offices of authorities of geological administration. 

If within 3 months the applicant does not submit an application to undergo an adaptation period or to take an aptitude test, the Minister of Environment issues a negative decision. After obtaining a negative decision, the applicant may re-apply for recognition of qualifications.

Time limit

3 months

6. A consent to undergo an adaptation period or a notification of the date of the aptitude test

The Minister of the Environment informs the applicant on the consent for the applicant to undergo an adaptation period or notifies about the term of the aptitude test.

7. Undergoing an adaptation period or taking an aptitude test

The adaptation period is undergone according to the adaptation period agenda indicated by the Minister of Environment. The length of the adaptation period cannot exceed 3 years. The evaluation of the adaptation period is done jointly by the adaptation period guardian and manager of the entity in which the adaptation period has been conducted, not later than 14 days from the date of completion of period. The substantive correctness of the performance of given tasks, in particular in the field of supervision of geological work, drawing up of projects of geological works and geological documentation are taken into account when assessing the adaptation period. Evaluation of an adaptation period is made ​​in the form of an opinion of the unit, in which an adaptation period has been carried out. The manager of the unit where the adaptation period took place, forwards the evaluation of the adaptation period of the applicant to the authority conducting the proceedings, within 7 days of its preparation.

The opinion of the adaptation period guardian is the basis for recognition by the Minister of the Environment whether the differences found during the proceedings have been compensated by the applicant as a result of the adaptation period.

The aptitude test is performed before an Examination Committee. At least 30 days prior to the date of aptitude test, the applicant shall be notified about the term, location, the detailed scope of the test and the amount and method of payment of the fee for carrying out aptitude test. The costs associated with conducting the aptitude test are determined by the Minister of the Environment, not later than 30 days before the test, on the basis of actual spending by the authority incurred in respect of conducting the aptitude test. The fee should be paid upon receipt of the notification of the date of the test. Failure in making the payment for carrying out the aptitude test will result in failure to allow the applicant to take the aptitude test.

The aptitude test consists of two stages: a written part conducted in the form a test and an oral part.

The written part of the aptitude test consists of questions,whose number is specified in the regulation which enable checking knowledge resulting from the difference in the education and training received by the applicant, including knowledge of local regulations in the field of geological and mining law, water law, construction law, environmental law - to the extent necessary to exercise a regulated profession in the field of geology, as well as to demonstrate the ability to apply professional knowledge. The written part of the aptitude test lasts no more than 120 minutes.

Persons, who have correctly answered at least 75% of the questions in the written part are allowed to undergo the oral part of the test. The scope of the oral part of the aptitude test is adapted - individually for each applicant - to a regulated profession in the field of geology, in which the recognition of qualifications is to be made. The oral part includes three questions which verify knowledge of geological and mining law, environmental law, and - depending on the specific categories of geological works - water law or construction law, as well as the ability of practical application of professional knowledge; the oral part lasts no longer than 45 minutes. The result of the oral part is considered positive after giving proper descriptive answers at least two questions. The result of the whole aptitude test is considered "positive" upon passing both parts of the test. The aptitude test requires drawing up a protocol.

The result of the conducted aptitude test is forwarded by the Chairman of the Examination Committee to the applicant and to the Minister of Environment within 3 days of determining the result. An applicant who has obtained a negative result of the aptitude test may take the aptitude test once again but not earlier than 6 months from the date on which the aptitude test has been conducted.

The result of the aptitude test is the basis of recognition by the Minister of Environment whether the differences indicated in the decision have been eliminated by the applicant.

Time limit

• a maximum of 3 years in the case of an adaptation period;
• a minimum of 30 days in the case of an aptitude test (the Minister of Environment must notify the applicant of the date of the aptitude test no later than 30 days before the deadline).

8. Issuing a decision on recognition of qualifications

The decision on the recognition of qualifications is issued not later than within 4 months from the date of submission by the applicant of all necessary documents. In case of applicants who undergo an adaptation period or an aptitude test, the elapse time of the proceedings is suspended until the date of obtaining by the Minister of the Environment assessments of the adaptation period or the aptitude test result. The case of issuance and delivery of the decision is governed by the Administrative Procedure Code (subject to the provisions of the Act).

In case of a negative assessment of the submitted documents or a negative result of the aptitude test or a negative assessment of the adaptation period prepared by the adaptation period guardian, the Minister of Environment issues a decision refusing the recognition of professional qualifications. The applicant has the right to appeal the decision.

Documents

Time limit

Not later than within 4 months (the basic term is 3 months with a possible extension by 1 month) from the date of submitting a complete set of documents by the applicant or immediately after drawing up a protocol from the conducted aptitude test or obtaining an opinion on the adaptation period

How much you will have to pay

The fee is 35 per cent of the minimum wage determined on the basis of the provisions of the Minimum Wage Act of 10 October 2002, in force in the year in which the card is issued. In 2024, the minimum wage is PLN 4242 until 30 June and PLN 4300 from 1 July.

The fee shall be paid to the bank account of the Ministry of Climate and Environment.

How long you will have to wait

How can you appeal

The appeal procedures are governed by provisions of the Administrative Procedure Code. The applicant has 14 days to submit an application for reconsideration of the matter, counting from the date of receiving the negative decision. After consideration of that application, a decision is issued on revoking the appealed decision in full, in part, or on leaving that decision in force. In case of leaving the decision in force - the applicant may submit a complaint to the Voivodeship Administrative Court in Warsaw through the Ministry of the Environment.