S.I. No. 288/2003 - European Communities (Recognition of Qualifications in Veterinary Medicine) Regulations 2003

I, Joe Walsh, Minister for Agriculture and Food, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) for the purpose of giving effect to Council Directive 78/1026/EEC of 18 December 1978¹ Council Directive No. 78/1027/EEC of 18 December 1978² , Council directive No. 81/1057/EEC of 14 December 1981³ , Council Directive No. 89/594/EEC of 30 October 1989⁴ , Council Directive No. 90/658/EEC of 17.12.1990⁵ , Directive No. 2001/19/EC of the European Parliament and the Council of 14 May 2001⁶ and the Treaties cited in these Regulations, hereby make the following regulations—

1.

2.(1) In these Regulations—

“Act” means the Veterinary Surgeons Act 1931 (No. 36 of 1931);

“an application to which these Regulations apply” means an application for registration in the register and made pursuant to paragraph (c) or (d) (inserted by Regulation 4 (1) (a) of these Regulations) of section 31 (1) of the Act;

“another Member State” means a Member State other than the State which is a member of the European Communities and “other Member State” shall be construed accordingly;

“Council” means the Veterinary Council of Ireland;

“Member state” means a state that is a member of the European Communities;

“Minister” means the Minister for Agriculture and Food;

“register” means the Register of Veterinary Surgeons for Ireland.

• (2) A word or expression that is used in an act of the institutions of the European Communities cited in the preamble to these Regulations and is also used in these Regulations has, unless the contrary intention appears, the same meaning in these Regulations as in the act in which it appears.

• (3) In these Regulations, unless the contrary intention appears, reference to a Regulation is to a Regulation of these Regulations and a reference to a paragraph is a reference to the paragraph in which the reference occurs.

3.(1) The Act is amended by—

• (a) the addition, after section 31(1)(b), of—

• “(c) a person who, being a national of a Member State of the European Communities or the European Free Trade Association at the time of application, holds a diploma or a certificate or as regards whom there is other evidence of formal qualification referred to in Article 1 of Directive No. 78/1027/EEC or Article 2 of Directive No. 78/1026/EEC,

• (d) a person who, being such a national, at the time of such application holds a diploma or certificate or as regards whom there is evidence of formal qualification referred to in Article 4 of Directive No. 78/1026/EEC, and

• (e) a person, other than a person referred to at paragraph (c) of this section, who, being a national of a Member State of the European Communities or the European Free Trade Association at the time of such application, holds a diploma or certificate or as regards whom there is evidence of formal qualification as a veterinary surgeon awarded by a Member State of the European Communities.”,

• (b) the addition, after section 31(3), of—

“(4)(a) In this section—

‘Directive No. 78/1026/EEC’ means Council Directive No. 78/1026/EEC of 18 December 1978 as amended and extended by the treaties referred to in subparagraph (b of this paragraph, Council Directive No. 81/1057/EEC of 14 December, 1981, Articles 16, 17 18, 19 and 20 of Council Directive No. 89/594/EEC of 30 October 1989, Article 5 of Council Directive No. 90/658/EEC of 4 December 1990, Article 30 and Annex VII C 12 of the European Economic Area Agreement as amended by Article 20 of the Protocol Adjusting the Agreement on the European Economic Area and Article 7 of Directive No. 2001/19/EC of the European Parliament and the Council of 14 May 2001;

‘Directive No. 78/1027/EEC’ means the Council Directive No. 78/1027/EEC of 18 December 1978 as amended and extended by Articles 19 and 20 of Council Directive 89/594/EEC of 30 October 1989, Article 30 and Annex VII C 13 of the European Economic Area Agreement and Article 8 of Directive No. 2001/19/EC of the European Parliament and the Council of 14 May 2001;

• (b) The Treaties referred to in paragraph (a) of this subsection are—

  • (i) the Treaty relating to the accession of the Hellenic Republic to the European Communities and the European Atomic Energy Community, signed at Athens on the 28th day of May 1979,

  • (ii) the Treaty relating to the accession of the Kingdom of Spain and the Portuguese Republic to the European Communities and the European Atomic Energy Community signed on the 12th day of June 1985,

  • (iii) the Treaty concerning the accession of the Kingdom of Norway, the Republic of Austria the Republic of Finland and the Kingdom of Sweden to the European Communities signed at Corfu on the 24th day of June 1994, and

  • (iv) the Agreement on the European Economic Area signed at Oporto on the 2^nd day of March 1992 as adjusted by the protocol to that agreement done at Brussels on the 17^th day of March 1992.”, and

• (c) the insertion, after section 31, of —

“31A.(1) The Council shall consider an application for registration submitted in the prescribed manner and on payment of the prescribed fee from a person who is a national of a Member State of the European Communities or of the European Free Trade Association, who holds a diploma or a certificate or as regards whom there is evidence of formal qualification as a veterinary surgeon granted by the competent authority of a Third Country where the diploma or certificate or other formal evidence has been recognised by a Member State of the European Communities for the purpose of practise as a veterinary surgeon in that Member State.

• (2) In considering an application under this section, the Council shall, for the purpose of reaching a determination of the application, take into account any training undergone or experience gained in a Member State of the European Communities.”.

• (2) Sections 27 and 31(1) (as amended by paragraph (1)) of the Act shall be construed and have effect subject to Regulation 4 (1).

• (a) subject to Regulation 7 (1) (a), the Council shall determine the application no later than three months after all the documents necessary for the application have been received by the Council,

• (b) the Council may register the applicant in the register subject to a condition requiring him, when using any academic title or status or other qualification specified by the Council, being an academic title or status or other qualification which is relevant to the application, to indicate by whom it was conferred or awarded,

• (c) in case the application is made by virtue of section 31(1)(d (inserted by Regulation 3), the application shall be accompanied by a certificate issued by an authority which in the opinion of the Council is competent to do so and certifying that the applicant has been effectively and lawfully engaged in the activities referred to in Article 4 of Directive No. 78/1026/EEC during the period specified in that Article,

• (d) in case the application is made by virtue of section 31(1)(e (inserted by Regulation 3) of the Act, the application shall be accompanied by a certificate issued by an authority which in the opinion of the Council is competent to do so and certifying the diploma or certificate or other formal qualification to have been awarded on completion of education and training that complies with Directive No. 78/1026/EEC and is recognised by that Member State as being so equivalent for the purpose of practise as a veterinary surgeon in that Member State.”

• (e) in case the application is accompanied by—

• (i) a certificate referred to in the second indent of Article 12.3 of Directive No. 78/1026/EEC and issued, not more than one year prior to the day on which the application is received, by an authority which in the opinion of the Council is competent so to do, and

• (ii) a certificate referred to in the third indent of the said Article 12(3) issued within such period by an authority which is so competent, then no fee shall be payable as regards the application and neither section 45 nor 46 of the Act shall be construed as applying in relation to the provision by the applicant, during the period beginning on the day on which the application is received and ending on the day on which the application is determined, of any veterinary medical or veterinary surgical service, and

• (f) the Council may require the authority by whom any diploma, certificate or other document received with the application was awarded, given or issued to—

• (i) confirm the document,

• (ii) confirm that the applicant has fulfilled any training requirement specified in Directive No. 78/1027/EEC.

• (2) If the Council is of opinion that the academic title or other qualification or status to which any diploma, certificate or other document on which an application is grounded relates is capable of being understood as indicating that a person entitled to use such title, qualification or status has pursued a course of study or undergone a course of training other than that or those which he has in fact pursued or undergone, the Council may refer the matter to the Minister who, if he or she is satisfied that such a misunderstanding could arise, may direct the Council, as regards every applicant who holds such title, qualification or status, to register him or her in the register subject to a condition requiring him or her, when using the title qualification or status, to describe it in a manner specified in the direction.

• (3) Where a condition is attached by the Council under this Regulation or in accordance with a direction given by the Minister under this Regulation and there is a failure by a person to whom the condition relates to comply with the condition, the Council may, if it thinks fit—

• (a) direct that, during such period as shall be specified in the direction, registration of his name in the register shall not have effect, or

• (b) erase the name of the person from the register.

• (4) Where the Council exercises a power conferred on it by this Regulation subsections (4) to (12) of section 36 (inserted by section 2 of the Veterinary Surgeons Act, 1960 (No. 34 of 1960)), section 38 and section 39 (other than subsection (3)) of the Act shall with the appropriate modifications apply as regards the exercise.

• (2) The Council shall ensure that Article 14.3 of Directive No. 78/1026/EEC is complied with.

• (a) the period referred to in Regulation 4 (1) (a) shall be extended by—

• (i) a period equal to the period beginning on the day on which the information is given to the other Member State and ending on the day on which that other Member State gives its reply, or

• (ii) three months,

whichever is the shorter, and

• (b) where the other Member State does not give its reply within the period specified in Article 10.2 of Directive No. 78/1026/EEC and the information relates to an application to which these Regulations apply, then if, having regard to, and only to, the information given by it, the Council is of the opinion that the applicant has been guilty of conduct disgraceful to him in a professional respect, the application shall be refused.

• (2) Where a certificate described in the second indent of Article 12.3 of Directive No. 78/1026/EEC is issued by the Council and the name of the person to whom it relates is, within the period of six months beginning on the day on which the certificate was issued, erased from the register, the Council shall forthwith inform of the erasure each Authority which for the purposes of the said Directive is in any Member State (other than that State) the competent authority.

9.(1) The European Communities (Recognition of Qualifications in Veterinary Medicine) Regulations 1980 to 1994 are, subject to paragraph (2), revoked.

• (2) If, immediately prior to the revocation of the Regulations cited in paragraph (1), a person has made an application or the Council is taking action under those Regulations, the application or action shall continue and be dealt with as if commenced under these Regulations.

• (3) These Regulations are without prejudice to the European Communities and Swiss Confederation Act 2001 (No. 41 of 2001).

EXPLANATORY NOTE.

(This note is not part of the instrument and does not purport to be a legal interpretation).

These Regulations implement Directive 2001/19/EC of the European Parliament and of the Council by extending the circumstances under which the Veterinary Council of Ireland is obliged to recognise or consider qualifications as a veterinary surgeon gained outside of Ireland. The Council is now obliged to recognise qualifications as a veterinary surgeon obtained in a Member State of the EU or a member of the European Free Trade Association not only, as heretofore, where such qualifications are listed for the state concerned in the appropriate annex to the Directive, but also where the qualifications, while not listed in the Directive, have been certified by the state concerned as being of the standard required by the Directive and recognised as such by that state. In addition, the Veterinary Council is now obliged to examine applications for registration from persons with a relevant Third Country qualification where such qualification has already been recognised by another Member State. These Regulations also consolidate into one instrument all previous Regulations in relation to recognition of qualifications deriving from EU obligations (viz. S.I. No. 391/1980, S.I. No. 323/1982, S.I. No. 159/1987, S.I. No. 253/1992, S.I. No. 268/1994).

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