S.I. No. 139/2008 - Recognition of Professional Qualifications (Directive 2005/36/EC) Regulations, 2008

Type Statutory Instrument
Publication 2008-05-13
Last updated 2017-01-20
State Repealed superseded text
Text As published
articles 30

This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.

7 amending acts · 2017-01-20, S.I. No. 8/2017 - European Union (Recognition of Professional Qualifications) Regulations 2017

Reform history JSON API
(1)Professions and Professional activities (2)Designated Authorities
Aircraft Maintenance Engineer Irish Aviation Authority
Architect Royal Institute of the Architects of Ireland
Auditing company accounts Association of Chartered Certified AccountantsInstitute of Certified Public Accountants in IrelandInstitute of Chartered Accountants in IrelandInstitute of Incorporated Public AccountantsInstitute of Chartered Accountants in England and WalesInstitute of Chartered Accountants of Scotland
Barrister Council of the Honorable Society of King’s Inn
Building SurveyorQuantity Surveyor Society of Chartered Surveyors
The following activities in construction are subject to the possession of a SafePass Certificate and a certificate of competence. 180 Degree Excavator 360 Degree Excavator Articulated Dumper Built-up Roof Felting — BituminousBuilt-up Roof Felting — Single Ply Concreting Crawler Crane Locating Underground Services Mini Digger Mobile Access Tower Scaffold Mobile Crane Paving/Kerb laying Roof and Wall Sheeting/Cladding Scaffolding AdvancedScaffolding basicSelf-Erect Tower Crane Shot Firing Signing, lighting and Guarding on Roads Site Dumper Slinger SignallerTelescopic Handler Tower Crane Tractor Dozer Foras Áiseanna SaothairTraining and Employment Authority
Analytical Chemist 8 Audiologist 8 Clinical Biochemist 8 Dietitian 8 Environmental Health Officer 8 Occupational Therapist 8 Orthoptist 8 Podiatrist 8 Psychologist 8 Diagnostic Radiographer 8 Radiation therapist 8 Speech and Language Therapist 8 Minister for Health
Advanced ParamedicEmergency Medical TechnicianParamedic The Pre-Hospital Emergency Care Council
Primary School Teacher 8 Post-Primary School Teacher 8 — Voluntary Secondary School Teacher — Community and ComprehensiveSchool Teacher — Vocational School Teacher The Teaching Council of Ireland
Deck Officers (Merchant Marine)Master Mariner STCW Reg ii/2Chief Mate STCW Reg ii/2Officer in Charge of a Navigational Watch STCW Reg ii/1Deck Officers (Fishing Fleet)Deck Officer Skipper FullDeck Officer Skipper LimitedDeck Officer Second Hand FullDeck Officer Second Hand Limiter (F.V.)Deck Officer Second Hand Special (F.V.)Engineer Officers (Merchant Marine)Chief Engineer Officer STCW Reg iii/2Second Engineer Officer STCW Reg iii/2Engineer Officer of the watch STCW Reg iii/1Chief Engineer Officer STCW Reg iii/3Second Engineer Officer STCW Reg iii/3Engine Room watch rating STCW Reg iii/4Marine Engine OperatorEngineer Officers (fishing fleet)Engineer Officer Class 1 (F.V.)Engineer Officer Class 2 (FC)Engineer Officer Class 3 (FC)Master of Passenger VesselsMaster of Passenger Boats Marine Survey Office acting with the approval of the Minister of Transport
Dentist/Dental PractitionerDental Hygienist The Dental Council
Dispensing OpticianOptometrist The Opticians Board
Doctor/Medical Practitioner The Medical Council
Door SupervisorSecurity Guard The Private Security Authority
Intruder Alarm InstallationAlarm Monitoring The Private Security Authority
Inspector of Air Accidents Air Accident Investigation Unit acting with the approval of the Minister of Transport
Medical Scientist 8 The Academy of Medical Laboratory Science
Patent AgentTrade Mark Agent Controller of Patents, Designs and Trademarks
Registered PharmacistRegistered Druggist Pharmaceutical Society of Ireland
Physiotherapist 8 Irish Society of Chartered Physiotherapists
Registered MidwifeRegistered Psychiatric NurseRegistered Children’s NurseRegistered Nurse Intellectual DisabilityRegistered Public Health NurseRegistered Nurse TutorRegistered General Nurse An Bord Altranais
Ships Radio Officer Maritime Survey Office acting with the approval of the Minister of Transport
Social Worker National Social Work Qualifications Board
Solicitor Law Society of Ireland
Veterinary PractitionerVeterinary SurgeonVeterinary SpecialistVeterinarianVeterinary Nurse 9 Veterinary Council of Ireland

8 Regulated for the purposes of access to public sector employment only

9 From 01 July 2008 in accordance with the Veterinary Practice Act, 2005

SCHEDULE 2 Professions and professional activities regulated by professional bodies which are recognised in a special form by the state.

(1)Professions (2)Abbreviatory Letters (3)Designated Authorities
Accounting Technician ICAICAT The Institute of Chartered Accountants in IrelandAssociation of Chartered Certified Accountants
Chartered Engineer Engineering TechnicianGraduate Professional Engineer Technician (Engineering) C Eng, MIEIEng Tech IEI A Eng, AMIEI MIEITech, IEI Institution of Engineers of Ireland
Chartered CertifiedAccountant ACCA Association of Chartered Certified Accountants 10
Certified Public Accountant ICPAI The Institute of Certified Public Accountants in Ireland 10
Chartered Accountant ICAI, FCA The Institute of Chartered Accountants in Ireland 10
Chartered Town Planner MRTPI Royal Town Planning Institute Irish Branch, Southern Section
Chemist LICI, MICI Institute of Chemistry of Ireland
Incorporated Public Accountant IIPA Institute of Incorporated Public Accountants
Tax Consultant AITI Irish Taxation Institute
Technician Accountant ICPAI The Institute of Certified Public Accountants in Ireland
Town Planner/Spatial Planner MIPI Irish Planning Institute

10 Only for the activity of auditing accounts.

SCHEDULE 3 Professions and professional activities where the competent authorities may stipulate either an adaptation period or an aptitude test.

(1)Professions and Professional activities (2)Applicable Section
Doctor/Medical Practitioner with basic trainingSpecialised Doctor/Medical Practitioner (Annex V of the Directive)Nurses Responsible for general careDentists/Dental PractitionersSpecialised Dentists/Dental PractitionersVeterinary SurgeonsMidwivesPharmacistsArchitectsVeterinary Nurses Regulation 8(3)(b) Where the applicant does not meet the requirements for automatic recognition under the harmonised conditions set out in Articles 21-49 of the Directive
Accounting technicianAuditing company accountsAuditing Company Accounts PublicBarristerCertified AccountantCertified Public AccountantChartered AccountantPatent AgentSolicitorTax ConsultantTechnician AccountantTrade Mark Agent Regulation 8(3)(a)Provision of aptitude test where pursuit of profession requires precise knowledge of National Law and in respect of which the provision of advice and/or assistance concerning national law is an essential and consistent part of the activity

SCHEDULE 4 Professions and professional activities in the health, social care and veterinary sectors which may be subject to a prior check under Regulation 17(3)

Specialisms in the Health, Social Care and Veterinary professions which are not eligible for Automatic Recognition under Articles 21 to 45 of the Directive

Advanced Paramedic

Analytical Chemist

Audiologist

Chemist

Clinical Biochemist

Dietitian

Dispensing Optician

Doctor/Medical Practitioner

Emergency Medical Technician

Environmental Health Officer

Medical Physicist

Medical Scientist

Occupational Therapist

Optometrist

Orthoptist

Paramedic

Pharmacist

Physiotherapist

Podiatrist

Psychologist

Diagnostic Radiographer

Radiation Therapist

Social Worker

Speech and Language Therapist

Veterinary Nurse

Veterinary Practitioner

Registered Midwife

Registered Psychiatric Nurse

Registered Children’s Nurse

Registered Nurse Intellectual Disability

Registered Public Health Nurse

Registered Nurse Tutor

Registered General Nurse.

GIVEN under my Official Seal,

6 May 2008

MARY HANAFIN

Minister for Education and Science.

EXPLANATORY NOTE

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

These Regulations transpose Directive 2005/36/EC of the European Parliament and of the Council as updated by 2006/100/EC in respect of professional qualifications in Bulgaria and Romania as regards the general regime for mutual recognition of professional qualifications obtained in another Member State of the European Union, or, in certain cases, in a Third Country, by professions which are regulated in the State and which are not subject to automatic recognition under the harmonised training conditions for doctors with basic training, specialised doctors, nurses responsible for general care, dental practitioners, specialised dental practitioners, veterinary surgeons, midwives, pharmacists and architects.

Footnotes

1

OJ L 255, 30.09.2005, p.22.

2

OJ L 363, 20.12.2006, p.141.

3

OJ L 229, 29.06.2004, p.35.

4

OJ L 304, 30.09.2004, p.12.

5

OJ L 145, 13.6.1977, p. 1. Directive as last amended by Directive 2004/66/EC (OJ L 168, 1.5.2004, p. 35).

6

OJ L 281, 23.11.1995, p. 31. Directive as amended by Regulation (EC) No 1882/2003.

7

OJ L 201, 31.07.2002, p. 37

8

Regulated for the purposes of access to public sector employment only

9

From 01 July 2008 in accordance with the Veterinary Practice Act, 2005

10

Only for the activity of auditing accounts.

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