S.I. No. 8/2017 - European Union (Recognition of Professional Qualifications) Regulations 2017

• (2) Where a competent authority proposes to revoke a document pursuant to paragraph (1), it shall by notice in writing to the person to whom the document relates—

• (a) inform him or her of its intention to revoke the document and the reasons for this,

• (b) identify the incorrect information pertaining to the document, and

• (c) invite the person to make representations to the competent authority within a period of at least two weeks from the date of the notice.

• (3) If, at the end of the period provided for in paragraph (2)(c), the competent authority, having considered any representations made to it by or on behalf of the person concerned, remains of the view that the document should be revoked then the competent authority may, by notice in writing, revoke the document and state the reasons for the revocation.

Reversal of recognition decision

• (2) Where a competent authority proposes to reverse a decision pursuant to paragraph (1), it shall by notice in writing to the person concerned—

• (a) inform him or her of its intention to reverse the decision and the reasons for this,

• (b) identify the incorrect information pertaining to the decision, and

• (c) invite the person to make representations to the competent authority within a period of at least 2 weeks from the date of the notice.

• (3) If, at the end of the period provided for in paragraph (2)(c), the competent authority, having considered any representations made to it by or on behalf of the person concerned, remains of the view that the decision should be reversed then the competent authority may, by notice in writing, reverse the decision and state the reasons for the reversal.

Appeals

• (a) decides to grant, or not to grant, an applicant partial access to a profession under Regulation 10,

• (b) decides to revoke temporary registration or pro forma membership under Regulation 12(6),

• (c) decides to require an applicant to undergo compensation measures under Regulation 22,

• (d) decides not to recognise the professional qualifications of an applicant under Parts 5 to 14,

• (e) fails to acknowledge the receipt of an application for recognition of professional qualifications within the time period provided for in Regulation 67(2),

• (f) fails to make a decision on an application for recognition of professional qualifications within the time period provided for in Regulation 67(3), or any extended period under Regulation 67(4),

• (g) decides not to issue a European Professional Card under Regulation 76,

• (h) fails to make a decision on an application for a European Professional Card under Regulation 76 within the time period provided for in paragraph (2) of that Regulation,

• (i) fails to verify the authenticity and validity of the supporting documents in the IMI file in of an application for a European Professional Card within the period provided for in Regulation 78(2),

• (j) fails to transmit an application for a European Professional Card, in accordance with Regulation 78(4),

• (k) decides not to issue a European Professional Card under Regulation 79,

• (l) fails to make a decision on an application for European Professional Card under Regulation 79 within the applicable time period provided for in paragraph (2), (3) or (8) of that Regulation,

• (m) decides to revoke a document under Regulation 81,

• (n) decides to reverse a decision under Regulation 82,

• (o) decides to carry out language controls pursuant to Regulation 85, or

• (p) decides to send an alert under Regulation 87,

the person concerned may appeal that decision or failure to make such decision to the High Court not later than 42 days from the date of the notice of that decision or the expiry of the period within which the decision or acknowledgment should have been made.

• (2) A competent authority shall notify a person the subject of a decision referred to in paragraph (1) in writing of the decision and the reasons therefor and shall inform the person of his or her right to appeal under that paragraph.

• (3) Upon the hearing of an appeal under this Regulation the High Court may do one or more of the following:

• (a) affirm or set aside a decision of the competent authority,

• (b) make a decision or acknowledgement which the competent authority failed to make within the prescribed time period,

• (c) direct the competent authority to make a decision within a certain time period,

• (d) remit the matter, with or without directions, to the competent authority for reconsideration and the making of a new decision,

• (e) amend or rectify a decision of the competent authority,

• (f) substitute a decision of the competent authority with a new decision,

• (g) grant an appropriate remedy in respect of any damage caused by a false alert, or

• (h) take such other action as may be appropriate for the purpose of doing justice.

• (4) The decision of the High Court on an appeal under this Regulation shall be final and conclusive.

• (5) This Regulation shall not apply to a health or social care profession designated under section 4 of the Health and Social Care Professionals Act 2005 (No. 27 of 2005) in respect of which a register has been established under section 36(1) of that Act and the registration board has been designated as competent authority pursuant to section 27A (inserted by section 5 of the Health and Social Care Professionals (Amendment) Act 2012 ) of that Act.

Part 18 Pursuit of profession

Use of professional titles

• (2) Where persons practising a regulated profession in the State are required to be members of a particular association or organisation, a person referred to in paragraph (1) shall not be authorised to use the professional title issued by that organisation or association, or its abbreviated form, unless the person furnishes proof that he or she is a member of that association or organisation.

• (3) If an association or organisation referred to in paragraph (2) makes membership contingent upon certain qualifications, it may do so, only under the conditions laid down in these Regulations and the Directive, in respect of eligible persons who possess professional qualifications.

Knowledge of languages

• (2) Any controls carried out by, or under the supervision of, a competent authority for controlling compliance with the obligation under paragraph (1) shall be limited to the knowledge of either the English language or the Irish language.

• (3) Controls carried out in accordance with paragraph (2) may only be imposed—

• (a) if the profession to be practised has patient safety implications, or

• (b) in respect of other professions, in cases where there is a serious and concrete doubt about the sufficiency of the person’s language knowledge in respect of the professional activities that he or she intends to pursue,

and only after the issuance of a European Professional Card in accordance with Part 16 or after the recognition of a professional qualification, as the case may be.

• (4) Any controls carried out under this Regulation shall be proportionate to the activity to be pursued.

• (5) The holder of an EPC may, for the purpose of this Regulation, submit any required document proving knowledge of a language by IMI.

Use of academic titles

• (2) Where a person uses an academic title pursuant to paragraph (1), that title shall be followed by the name and address of the establishment or examining board which awarded it.

• (3) Where a person uses an academic title pursuant to paragraph (1) which is liable to be confused in the State with a title which, in the State, requires supplementary training not acquired by the person, the academic title of the home Member State shall be used in an appropriate form, to be laid down by the competent authority for the relevant regulated profession.

Part 19 Alerts

Alert mechanism

• (2) The national co-ordinator shall handle and co-ordinate incoming alerts in the State under Article 56a(3) of the Directive and Chapter II of the Implementing Regulation and shall, for those purposes, comply with the procedures laid down that Chapter of the Implementing Regulation.

• (3) In the case of the following professional activities, the competent authority in the State shall inform the competent authorities of all other Member States about a professional whose pursuit in the State of the activities, in their entirety or in parts thereof, has been restricted or prohibited, even temporarily, by authorities or courts in the State:

• (a) doctor of medicine and of general practice possessing evidence of a formal qualification referred to in points 5.1.1 and 5.1.4 of Annex V to the Directive;

• (b) specialist doctor of medicine possessing a title referred to in point 5.1.3 of Annex V to the Directive;

• (c) nurse responsible for general care possessing evidence of a formal qualification referred to in point 5.2.2 of Annex V to the Directive;

• (d) dental practitioner possessing evidence of a formal qualification referred to in point 5.3.2 of Annex V to the Directive;

• (e) specialist dentists possessing evidence of a formal qualification referred to in point 5.3.3 of Annex V to the Directive;

• (f) veterinary surgeon possessing evidence of a formal qualification referred to in point 5.4.2 of Annex V to the Directive;

• (g) midwife possessing evidence of a formal qualification referred to in point 5.5.2 of Annex V to the Directive;

• (h) pharmacist possessing evidence of a formal qualification listed in point 5.6.2 of Annex V to the Directive;

• (i) holders of certificates mentioned in point 2 of Annex VII to the Directive attesting that the holder completed a training which satisfies the minimum requirements listed in Articles 24, 25, 31, 34, 35, 38, 40, or 44 of the Directive respectively, but which started earlier than the reference dates of the qualifications listed in points 5.1.3, 5.1.4, 5.2.2, 5.3.2, 5.3.3, 5.4.2, 5.5.2, 5.6.2 of Annex V to the Directive;

• (j) holders of certificates of acquired rights as referred to in Articles 23, 27, 29, 33, 33a, 37, 43 and 43a of the Directive;

• (k) other professionals exercising activities that have patient safety implications, where the professional is pursuing a regulated profession in the State; and

• (l) professionals exercising activities relating to the education of minors, including in childcare and early childhood education, where the professional is pursuing a regulated profession in the State.

• (4) The competent authority in the State shall send the information referred to in paragraph (3) by way of alert via IMI at the latest within three days from the date of adoption of the decision restricting or prohibiting pursuit of the professional activity, in its entirety or in part, by the professional concerned.

• (5) Information sent pursuant to paragraph (3) shall be limited to the following:

• (a) the identity of the professional;

• (b) the profession concerned;

• (c) information about the authority or court in the State adopting the decision on restriction or prohibition;

• (d) the scope of the restriction or the prohibition; and

• (e) the period during which the restriction or prohibition applies.

• (6) Where a person is found guilty by a court in the State of using a false instrument as evidence of professional qualifications under these Regulations or the Directive, the competent authority in State shall, at the latest within three days from the date of adoption of the court decision, inform the competent authorities of all other Member States, by way of alert via IMI, about the identity of the person found guilty.

• (7) The processing of personal data for the purpose of the exchange of information referred to in paragraphs (1) to (6) shall be carried out in accordance with Directive 95/46/EC of the European Parliament and of the Council of 24 October 199516 and Directive 2002/58/EC of the European Parliament and of the Council of 12 July 200217.

• (8) A competent authority in the State which has provided information pursuant to paragraph (3) shall, without delay, inform the competent authorities of all other Member States of—

• (a) any subsequent change to the date of expiry of the restriction or prohibition in respect of which it provided information, and

• (b) the expiry of the said restriction or prohibition.

• (9) A professional in respect of whom an alert is sent by a competent authority in the State pursuant to this Regulation shall be informed in writing of the decision to send such alert at the same time as the alert is sent.

• (10) Where an appeal is brought against a decision on an alert, the competent authority in the State shall qualify the alert to indicate that it is subject to proceedings by the professional.

Part 20 Electronic processing and fees

Procedures by electronic means

• (2) Paragraph (1) shall not prevent a competent authority in the State from requesting certified copies of documentation submitted remotely and by electronic means at a later stage in the event of justified doubts and where strictly necessary.

• (3) Paragraph (1) shall not apply to the carrying out of an adaptation period or aptitude test.

• (4) Where it is justified for a competent authority in the State to ask for advanced electronic signatures, as defined in section 2 of the Electronic Commerce Act 2000 (No. 27 of 2000), for the completion of procedures referred to in paragraph (1) of this Regulation, the competent authority shall accept electronic signatures in compliance with Commission Decision 2009/767/EC of 16 October 2009²¹ and provide for technical means to process documents with advanced electronic signature in formats defined by Commission Decision 2011/130/EU of 25 February 2011²² .

• (5) All procedures under these Regulations and the Directive shall be carried out in accordance with Article 8 of Directive 2006/123/EC of the European Parliament and of the Council of 12 December 200620.

• (6) The procedural time limits set out in Regulations 15 and 67 shall commence at the point when an application or any missing document has been submitted by a citizen to a point of single contact or directly to the competent authority.

• (7) Any request for certified copies referred to in paragraph (2) shall not be considered as a request for missing documents.

Charging of fees by competent authority

• (2) A fee charged pursuant to paragraph (1) shall—

• (a) be reasonable, proportionate and commensurate with the costs incurred by the competent authority in respect of the particular function or service,

• (b) not exceed the real cost of the function or service provided,

• (c) not be set at a level which would make it impossible in practice to exercise the rights provided for under these Regulations and the Directive, and

• (d) in the case of a flat-rate fee, be justified by reference to the average cost of the function or service provided.

Part 21 Revocations, amendments and transitional arrangements

Revocations

• (a) the Recognition of Professional Qualifications (Directive 2005/36/EC) Regulations 2008 ( S.I. No. 139 of 2008 );

• (b) the Recognition of the Professional Qualifications of Nurses and Midwives (Directive 2005/36/EC) Regulations 2008 (S.I. 164 of 2008);

• (c) the Recognition of Professional Qualifications (Health and Social Care Professions) (Directive 2005/36/EC) Regulations 2008 ( S.I. No. 166 of 2008 ), except Regulation 5 of those Regulations;

• (d) the Recognition of Professional Qualifications of Dentists (Directive 2005/36/EC) Regulations 2008 ( S.I. No. 263 of 2008 );

• (e) the European Communities (Directive 2006/100/EC) (Recognition of Bulgarian and Romanian Medical Qualifications) Regulations 2008 ( S.I. No. 393 of 2008 );

• (f) the European Communities (Recognition of Professional Qualifications relating to the Profession of Pharmacist) (No. 2) Regulations 2008 ( S.I. No. 489 of 2008 ), except Regulation 9 insofar as it inserts section 24B into the Pharmacy Act 2007 (No. 20 of 2007);

• (g) the Recognition of Professional Qualifications (Health and Social Care Professions) (Directive 2005/36/EC) (Amendment) Regulations 2011 ( S.I. No. 109 of 2011 );

• (h) the European Union (Recognition of Professional Qualifications relating to the Profession of Pharmacist) Regulations 2012 ( S.I. No. 235 of 2012 );

• (i) the European Union (Recognition of Professional Qualifications relating to the Profession of Pharmacist) Regulations 2013 ( S.I. No. 377 of 2013 );

• (j) the European Union (Recognition of Professional Qualifications relating to the Professions of Dentist, Medical Practitioner, Nurse and Midwife) Regulations 2014 ( S.I. No. 7 of 2014 );

• (k) the European Union (Recognition of Professional Qualifications) (Directive 2005/36/EC) (Amendment) Regulations 2014 ( S.I. No. 368 of 2014 );

• (l) the Recognition of Professional Qualifications (Health and Social Care Professions) (Directive 2005/36/EC) (Amendment) Regulations 2014 ( S.I. No. 315 of 2014 ).

• (2) References in other enactments to Regulations revoked under paragraph (1) shall, where the context so admits, be construed as references to these Regulations.

Amendment of Pharmacy Act 2007

• (a) in section 2(1), by inserting the following definitions:

“‘Professional Qualifications Directive’, has the same meaning as that assigned to “Directive” in the Professional Qualifications Regulations;

‘Professional Qualifications Regulations’ means the European Union (Recognition of Professional Qualifications) Regulations 2017 (No. 8 of 2017);”,

• (b) in section 7(2)(a)(vi), by inserting “Commission Implementing Regulation (EU) 2015/983 of 24 June 20154 and the Professional Qualifications Regulations,” after “Professional Qualifications Directive,”,

• (c) in section 14—

• (i) in subsection (1), by substituting for paragraph (h) the following:

• “(h) being a national of the State or another Member State, satisfies the Council that he or she has the linguistic competence necessary to be a registered pharmacist in the State.”, and

• (ii) by deleting subsection (3),

• (d) in section 16 (as amended by Regulations 3 and 4 of the European Union (Recognition of Professional Qualifications Relating to the Profession of Pharmacy) Regulations 2013 ( S.I. No. 377 of 2013 ))—

• (i) by substituting for subsection (1) the following:

• “(1) A person holds a qualification appropriate for practice if he or she has been awarded a prescribed qualification in the State in accordance with prescribed training and education.”,

• (ii) in subsection (2), by substituting for paragraph (a) the following:

• “(a) he or she is a national of a relevant state and has his or her professional qualifications recognised by the Council under the Professional Qualifications Regulations, or”,

• (iii) by substituting for subsections (3) to (10) the following subsections:

• “(3) The Council may—

  • (a) so as to inform itself for the purposes of subsection (2)(b) about the standard of training, education, examinations and qualifications in another state, require a person to whom that provision appears to apply to sit an examination,

  • (b) in any case in which it is in any doubt about a matter referred to in that provision, require a person to whom that provision appears to apply to undergo such training as it may specify.

• (4) Schedule 2 makes further provision as to the recognition of professional qualifications in pharmacy.

• (5) In this section—

‘national of a relevant state’ includes a person who is not a national of a relevant state, but who is an eligible person, as defined in Regulation 3 of the Professional Qualifications Regulations;

‘relevant state’ means—

- (*a*) a Member State,

- (*b*) a state that is a contracting state to the EEA Agreement within the meaning given by the [European Communities (Amendment) Act 1993](https://www.irishstatutebook.ie/1993/en/act/pub/0025/index.html) (other than a Member State or the State),

- (*c*) Switzerland;

  ‘third country’ means a country that is not a relevant state.”

• (e) by repealing sections 21A and 24A (inserted by Regulations 8 and 9 of the European Communities (Recognition of Professional Qualifications relating to the Profession of Pharmacist) (No. 2) Regulations 2008 ( S.I. No. 489 of 2008 )),

• (f) in section 24B (inserted by Regulation 9 of the European Communities (Recognition of Professional Qualifications relating to the Profession of Pharmacist) (No. 2) Regulations 2008), by substituting for subsections (2) to (5) the following subsections:

• “(2) The Council shall enter, in Part B of the Register of Pharmacists, the names of persons providing the services of a registered pharmacist in the State on a temporary and occasional basis pursuant to Part 4 of the Professional Qualifications Regulations.

• (3) Notwithstanding the provisions of Part 6 of this Act, the Council may cancel a registration under Part B of the Register of Pharmacists in any of the circumstances referred to Regulation 12(6) of the Professional Qualifications Regulations within two months of the date on which the information concerned becomes known to the Council.”,

• (g) in paragraph 20(1)(f) of Schedule 1, by inserting “or the Professional Qualifications Regulations” after “this Act”, and

• (h) in Schedule 2, by deleting paragraphs 1, 2, 3, 4, 5 and 10.

Amendment of Health and Social Care Professionals Act 2005

• (a) in section 3(1) (as amended by section 5 of the Health (Miscellaneous Provisions) Act 2014 (No. 33 of 2014))—

• (i) by substituting for the definition of “Directive 2005/36/EC” the following:

“‘Directive 2005/36/EC’ has the meaning assigned to “Directive” in Regulation 3(1) of the Professional Qualifications Regulations;”, and

• (ii) by inserting the following definition:

“‘‘Professional Qualifications Regulations’ means the European Union (Recognition of Professional Qualifications) Regulations 2017 ( S.I. No. 8 of 2017 );”,

• (b) in section 42(2) (as amended by section 8 of the Health and Social Care Professionals (Amendment) Act 2012 (No. 46 of 2012))—

• (i) in paragraph (a)—

• (I) by substituting “section 27A(2)(b)” for “section 27A(2)(a) or (b)”, and

• (II) by substituting “cancellation of the decision,” for “cancellation of the decision, or”,

• (ii) in paragraph (b), by substituting “cancellation of the decision, or” for “cancellation of the decision.”, and

• (iii) by inserting after paragraph (b) the following paragraph:

• “(c) if the decision is a decision referred to in section 42B(2A), information concerning the right to apply to the Council for a direction under that paragraph.”

• (c) in section 42A(1)(a) (inserted by section 9 of the Health and Social Care Professionals (Amendment) Act 2012 ), by substituting “section 27A(2)(b)” for “section 27A(2)(a) or (b)”,

• (d) in section 42B (inserted by section 9 of the Health and Social Care Professionals (Amendment) Act 2012 )—

• (i) in subsection (1)—

• (I) by substituting “section 27A(2)(b)” for “section 27A(2)(a) or (b)”, and

• (II) by deleting paragraph (a),

• (ii) in subsection (2)—

• (I) in paragraph (a), by inserting “for the assessment of his or her professional qualifications under section 27A(2)(b)” after “made by the person”, and

• (II) in paragraph (b), by inserting “in relation to assessment of his or her professional qualifications under section 27A(2)(b)” after “notify the person of a decision”,

• (iii) by inserting after subsection (2) the following subsection:

• “(2A) A person may apply to the Council for a direction by the Council to a registration board where the registration board—

  • (a) decides to grant, or not to grant, an applicant partial access to a profession under Regulation 10 of the Professional Qualifications Regulations,

  • (b) decides to revoke temporary registration or pro forma membership under Regulation 12(6) of the Professional Qualifications Regulations,

  • (c) decides to require an applicant to undergo compensation measures under Regulation 22 of the Professional Qualifications Regulations,

  • (d) decides not to recognise the professional qualifications of an applicant under Parts 5 to 14 of the Professional Qualifications Regulations,

  • (e) fails to acknowledge the receipt of an application for recognition of professional qualifications within the period provided for in Regulation 67(2) of the Professional Qualifications Regulations,

  • (f) fails to make a decision on an application for recognition of professional qualifications within the period provided for in Regulation 67(3) of the Professional Qualifications Regulations, or any extended period under Regulation 67(4) of those Regulations,

  • (g) decides not to issue a European Professional Card under Regulation 76 of the Professional Qualifications Regulations,

  • (h) fails to make a decision on an application for a European Professional Card under Regulation 76 of the Professional Qualifications Regulations within the period provided for in paragraph (2) of that Regulation,

  • (i) fails to verify the authenticity of the validity of the supporting documents in the IMI file for a European Professional Card within the period provided for in Regulation 78(2) of the Professional Qualifications Regulations,

  • (j) fails to transmit an application for a European Professional Card in accordance with Regulation 78(4) of the Professional Qualifications Regulations,

  • (k) decides not to issue a European Professional Card under Regulation 79 of the Professional Qualifications Regulations,

  • (l) fails to make a decision on an application for European Professional Card under Regulation 79 of the Professional Qualifications Regulations within the applicable time period provided for in paragraph (2), (3) or (8) of that Regulation,

  • (m) decides to revoke a document under Regulation 81 of the Professional Qualifications Regulations,

  • (n) decides to reverse a decision under Regulation 82 of the Professional Qualifications Regulations,

  • (o) decides to carry out language controls pursuant to Regulation 85 of the Professional Qualifications Regulations, or

  • (p) decides to send an alert under Regulation 87 of the Professional Qualifications Regulations.”,

• (iv) by substituting for subsection (3)(a) the following:

• “(a) if the application is an application under subsection (1) or (2A)—

  • (i) within 30 days after the person receives notification of the decision from the registration board,

  • (ii) within 30 days after the expiry of the period concerned, or

  • (iii) in the case of an application under subsection (2A)(j), within 30 days after verification of the authenticity and validity of the supporting documents in accordance with Regulation 78(2),

  as appropriate, or”

• (v) in subsection (4)(a)—

• (I) by inserting “or (2A)” after “subsection (1)”, and

• (II) in subparagraph (i), by deleting “or”,

• (III) in clause (III) of subparagraph (ii), by inserting “or” after “considers appropriate,”, and

• (IV) by inserting after subparagraph (ii) the following subparagraph:

• “(iii) in any other case, give such directions to the registration board as the Council considers appropriate,”

• (vi) by deleting subsection (6),

• (e) in section 44 (as amended by section 10 of the Health and Social Care Professionals (Amendment) Act 2012 ), by inserting after subsection (4) the following subsection:

• “(5) A decision of the Court on an appeal against a direction made by the Council on an application under section 42B(2A) shall be final and conclusive.”, and

• (f) in section 79(4)(b) (as amended by section 12 of the Health and Social Care Professionals (Amendment) Act 2012 ), by substituting “pursuant to Part 4 of the Professional Qualifications Regulations” for “and his or her professional qualifications have been assessed within the meaning of Article 7.4 of Directive 2005/36/EC”.

Amendment of Nurses and Midwives Act 2011

• (a) in section 2 (as amended by Regulation 4 of the European Union (Recognition of Professional Qualifications relating to the Professions of Dentist, Medical Practitioner, Nurse and Midwife) Regulations 2014)—

• (i) by substituting for the definition of “Directive 2005/36/EC” the following:

“‘Directive 2005/36/EC’ has the meaning assigned to “Directive” in Regulation 3(1) of the Regulations of 2017;”,

• (ii) by deleting the definition of “Regulations of 2008”, and

• (iii) by inserting the following definition:

“‘Regulations of 2017 ’ means the European Union (Recognition of Professional Qualifications) Regulations 2017 ( S.I. No. 8 of 2017 );”,

• (b) in section 9(2)(e)(i), by substituting “under the Regulations of 2017 ” for “awarded in or recognised by Member States or other relevant states within the meaning of the Regulations of 2008”, and

• (c) in section 41(2), by substituting “Regulations of 2017 ” for “Regulations of 2008”.

Amendment of Dentists Act 1985

• (a) in section 2, by inserting the following definition:

“‘Regulations of 2017 ’ means the European Union (Recognition of Professional Qualifications) Regulations 2017 ( S.I. No. 8 of 2017 );”,

• (b) in section 27(2), by substituting for paragraph (c) the following:

• “(c) has his or her professional qualifications as a dental practitioner recognised under the Regulations of 2017, or”, and

• (c) in section 30(1), by substituting for paragraph (c) the following:

• “(c) every person who has his or her professional qualification as a specialised dental practitioner recognised under the Regulations of 2017,”.

Amendment of Medical Practitioners Act 2007

• (a) in section 2 (as amended by Regulation 3 of the European Union (Recognition of Professional Qualifications relating to the Professions of Dentist, Medical Practitioner, Nurse and Midwife) Regulations 2014)—

• (i) by substituting for the definition of “Directive 2005/36/EC” the following:

“‘Directive 2005/36/EC’ has the meaning assigned to “Directive” in Regulation 3(1) of the Regulations of 2017;”, and

• (ii) by inserting the following definition:

“‘Regulations of 2017 ’ means the European Union (Recognition of Professional Qualifications) Regulations 2017 ( S.I. No. 8 of 2017 );”,

• (b) in section 7(2)(g)(i), by substituting “under the Regulations of 2017 ” for “awarded in or recognised by Member States”,

• (c) in section 37(b), by deleting “subject to section 50,”,

• (d) in section 38, by substituting for paragraphs (e) to (g) the following paragraphs:

• “(e) the practitioner only practises medicine in the course of rendering first aid to a person, or

• (f) the practitioner only practices medicine in any combination of any of the circumstances specified in paragraphs (a) to (e).”

• (e) in section 45 (as amended by section 7 of the Medical Practitioners (Amendment) Act 2011 (No. 12 of 2011), by deleting subsections (4), (5) and (6),

• (f) in section 46(b), by substituting for subparagraph (iii) the following:

• “(iii) has his or her qualifications as a medical practitioner recognised under the Regulations of 2017, or”,

• (g) in section 47(1)—

• (i) by substituting for paragraph (c) the following:

• “(c) every medical practitioner who has his or her qualifications as a specialised doctor recognised under the Regulations of 2017; or”, and

• (ii) by deleting paragraphs (d) and (e),

• (h) in section 48(2)—

• (i) by deleting “is a national of a Member State”, and

• (ii) by substituting for paragraph (a) the following:

• “(a) has his or her qualifications as a medical practitioner recognised under the Regulations of 2017 ”,

• (i) by substituting for section 50 the following:

“50.—(1) Where a medical practitioner complies with the requirements of Part 4 and Regulation 85 of the Regulations of 2017, the Council shall—

• (a) temporarily register the practitioner in the Visiting EEA Practitioners Division, and

• (b) enter in the register the particulars contained in the practitioner’s declaration made pursuant to Regulation 13 of the Regulations of 2017,

and may revoke such temporary registration in accordance with Regulation 12(6) of the Regulations of 2017.

• (2) A visiting EEA practitioner may advertise his or her services as a medical practitioner.

• (3) A visiting EEA practitioner shall not practise medicine in the State otherwise than in accordance with a declaration made by the practitioner under Regulation 13 of the Regulations of 2017 or in a case of urgency.”,

• (j) in section 78(4)—

• (i) in paragraph (a), by substituting “medical practitioner, and” for “medical practitioner,”

• (ii) in paragraph (b), by substituting “suspended.” for “suspended, and”, and

• (iii) by deleting paragraph (c),

• (k) by substituting for section 87 the following:

“87.—(1) The Council shall ensure that medical education and training complies with the requirements of Directive 2005/36/EC and the Regulations of 2017.

• (2) The Council shall give notice to the Minister forthwith of any administrative measure implemented by it for the purposes of this section.”,

• (l) in section 88(2)(a), by substituting “section 87” for “section 87(2)”, and

• (m) in section 89(3), by substituting “section 87” for “section 87(3)”.

• (2) References in rules 4, 5 and 6 of the Medical Council Registration Rules 2011 ( S.I. No. 417 of 2011 ) to section 47(1)(d) and (e) of the Medical Practitioners Act 2007 shall be construed as references to section 47(1)(c) of that Act.

Transitional measures

• (a) that application, and

• (b) any appeal made in relation to that application.

• (2) The provisions of the Regulations referred to in Regulation 90 shall continue to apply to any action taken in relation to—

• (a) an applicant or professional whose home Member State is not a member state of the European Union, and

• (b) matters affecting a Member State which is not a member state of the European Union, insofar as such action relates to that Member State.

Regulation 5

Schedule 1 REGULATED PROFESSIONS AND COMPETENT AUTHORITIES

A. Professions and professional activities regulated by law

Column 1	Column 2
Profession or professional activity	Competent authority
Aircraft Maintenance Engineer	Irish Aviation Authority
Architect	Royal Institute of the Architects of Ireland
Archaeologist	Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs
Auditing company accounts	Association of Chartered Certified Accountants Institute of Certified Public Accountants in Ireland Institute of Chartered Accountants in Ireland Institute of Incorporated Public Accountants Institute of Chartered Accountants in England and Wales Institute of Chartered Accountants of Scotland
Barrister	Council of the Honorable Society of King’s Inn
Building Energy Rating (BER) Assessor	Sustainable Energy Authority of Ireland
Building Surveyor Quantity Surveyor	Society of Chartered Surveyors Ireland
The following activities in construction are subject to the possession of a SafePass Certificate and a certificate of competence: Construction Scaffolding — basic Scaffolding — advanced Mobile tower scaffold Tower crane operation Self-erecting tower crane operation Slinging/ signalling Telescopic handler operation Tractor dozer operation Mobile crane operation Crawler crane operation Articulated dumper operation Site dumper operation 180° excavator operation Mini-digger operation 360° excavator operation Roof and wall cladding/sheeting Built-up roof felting Signing, lighting and guarding on roads Locating under-ground services Shotfiring Health and Safety at Roadworks	An tSeirbhís Oideachais Leanúnaigh agus Scileanna (SOLAS)
The following activities in quarrying are subject to the possession of a certificate of competence: Quarrying Slinging/ signalling Telescopic handler operation Tractor/dozer operation Mobile crane operation Crawler crane operation Articulated dumper operation Rigid dump truck operation Site dumper operation 180° excavator operation Mini-digger operation 360° excavator operation Front end loader operation Shotfiring Explosives Supervision
Chartered Engineer	Institution of Engineers of Ireland
Audiologist1 Environmental Health Officer1	Minister for Health
Clinical Biochemist1	Minister for Health or, on its designation under Section 27A of the Health and Social Care Professionals Act 2005 , the Clinical Biochemists Registration Board
Orthoptist1	Minister for Health or, on its designation under Section 27A of the Health and Social Care Professionals Act 2005 , the Orthoptists Registration Board
Podiatrist1	Minister for Health or, on its designation under Section 27A of the Health and Social Care Professionals Act 2005 , the Podiatrists Registration Board
Psychologist1	Minister for Health or, on its designation under Section 27A of the Health and Social Care Professionals Act 2005 , the Psychologists Registration Board
Dietitian	Dietitians Registration Board
Occupational Therapist	Occupational Therapists Registration Board
Radiation Therapist Radiographer	Radiographers Registration Board
Speech and Language Therapist	Speech and Language Therapists Registration Board
Advanced Paramedic Emergency Medical Technician Paramedic	Pre-Hospital Emergency Care Council
Primary School Teacher1 Post-Primary School Teacher1 Further Education Teacher1	The Teaching Council /An Chomhairle Mhúinteoireachta
Employees of pre-school service providers working directly with children2	Minister for Children and Youth Affairs
Chief Engineer Chief Engineer Officer of an oil, chemical or liquefied gas tanker Chief Mate Chief Mate of an oil, chemical or liquefied gas tanker Electro-Technical Officer Electro-Technical Rating Every master, officer, rating and other person serving on a passenger ship designated to perform duties set out in the regulations Every officer and rating assigned specific duties and responsibilities related to cargo or cargo equipment on oil, chemical or liquefied gas tankers Master Master of an oil, chemical or liquefied gas tankerOfficer in Charge of a Navigational Watch Officer in Charge of an Engineering Watch Persons designated to perform any of the emergency, occupational safety, security, medical care and survival functions as specified in the Regulations Persons required to be certified in accordance with Regulation III/10.4 of the Safety Convention. Persons with immediate responsibility for loading, discharging, care in transit, handling of cargo, tank cleaning or other cargo-related operations on oil, chemical or liquefied gas tankers as the case may be. Radio Operator Rating as Able Seafarer Deck Rating as Able Seafarer Engine Rating forming part of a Navigational Watch Rating forming part of an Engineering Watch Second Engineer Second engineer officer of an oil, chemical or liquefied gas tanker Class 1 Engineer fishing Class 2 Engineer fishing Class 3 Engineer fishing Second Hand Full fishing Second Hand Limited fishing Second Hand Special fishing Skipper Full fishing Skipper Limited fishing Marine Engine Operator Master of a Passenger Boat Ships Cook	Minister for Transport, Tourism and Sport
Dentist/Dental Practitioner Dental Hygienist Dental Nurse3 Clinical Dental Technician Orthodontic Therapist	Dental Council
Dispensing Optician Optometrist	Optical Registration Board
Doctor/Medical Practitioner	Medical Council
Door Supervisor Security Guard	The Private Security Authority
Driving Instructor	Road Safety Authority
Liquidator Examiner	Irish Auditing and Accounting Supervisory Authority Association of Chartered Certified Accountants Association of International Accountants Chartered Institute of Management Accountants Chartered Institute of Public Finance and Accountancy Institute of Chartered Accountants in England & Wales Institute of Chartered Accountants in Ireland Institute of Chartered Accountants of Scotland Institute of Certified Public Accountants in Ireland Institute of Incorporated Public Accountants Law Society of Ireland
Personal Insolvency Practitioner Approved Intermediary	Insolvency Service of Ireland
Property Service Provider: • The auction of property other than land. • The purchase or sale, by whatever means, of land. • The letting of land. • Property management services.	Property Services Regulatory Authority
Inspector of Air Accidents	The Chief Inspector of the Air Accident Investigation Unit acting with the approval of the Minister for Transport, Tourism and Sport
Medical Scientist1	Academy of Clinical Science and Laboratory Medicine or, on its designation under Section 27A of the Health and Social Care Professionals Act 2005 , the Medical Scientists Registration Board
Patent Agent Trade Mark Agent	Controller of Patents, Designs and Trademarks
Pharmacist	Council of the Pharmaceutical Society of Ireland
Physiotherapist	Physiotherapists Registration Board
Midwife/Registered Midwife Nurse/Registered Nurse	Nursing and Midwifery Board of Ireland
Pesticide Advisor Pesticide Equipment Inspector Pesticide Distributor Pesticide Professional User/Sprayer Operator	Minister for Agriculture, Food and the Marine
Social Worker	Social Workers Registration Board
Solicitor	Law Society of Ireland
Veterinary Practitioner Veterinary Nurse	Veterinary Council of Ireland

B. Professions and professional activities regulated by professional bodies which are recognised in a special form by the State.

Column 1	Column 2	Column 3
Profession or professional activity	Abbreviatory Letters	Competent authority
Accounting Technician	ICAI	The Institute of Chartered Accountants in Ireland
Accounting Technician	CAT	Association of Chartered Certified Accountants
Chartered Engineer Engineering Technician Graduate Professional Engineer Technician (Engineering)	C Eng, MIEI Eng Tech IEI A Eng, AMIEI MIEI Tech, IEI	Institution of Engineers of Ireland
Chartered Certified Accountant	ACCA	Association of Chartered Certified Accountants
Certified Public Accountant	ICPAI	The Institute of Certified Public Accountants in Ireland
Chartered Accountant	ICAI, FCA	The Institute of Chartered Accountants in Ireland
Chartered Town Planner	MRTPI	Royal Town Planning Institute Irish Branch, Southern Section
Chemist	FICI, MICI	Institute of Chemistry of Ireland
Incorporated Public Accountant	IIPA	Institute of Incorporated Public Accountants
Tax Consultant	AITI	Irish Taxation Institute
Town Planner/Spatial Planner	MIPI	Irish Planning Institute

1 Regulated for the purposes of access to public sector employment only.

2 Subject to exemptions in Regulation 9(5) and (6) of the Child Care Act 1991 (Early Years Services) Regulations 2016 ( S.I. No. 221 of 2016 ).

3 Regulation only mandatory for dental nurses taking x-rays.

Regulation 12

Schedule 2 PROFESSIONS IN WHICH COMPETENT AUTHORITIES ARE REQUIRED TO PROVIDE FOR AUTOMATIC TEMPORARY REGISTRATION IN ACCORDANCE WITH REGULATION 12(2)

Advanced Paramedic

Clinical Biochemist¹

Clinical Dental Technician

Dental Hygienist

Dental Nurse

Dentist/Dental Practitioner

Dietitian

Dispensing Optician

Doctor/Medical Practitioner

Emergency Medical Technician

Medical Scientist¹

Midwife/Registered Midwife

Nurse/Registered Nurse

Occupational Therapist

Optometrist

Orthodontic Therapist

Orthoptist¹

Paramedic

Pharmacist

Physiotherapist

Podiatrist¹

Psychologist¹

Radiation Therapist

Radiographer

Speech and Language Therapist

Social Worker

1 On the designation, as competent authority, of the Registration Board for this profession under Section 27A of the Health and Social Care Professionals Act 2005 .

Regulation 15

Schedule 3 PROFESSIONS WHICH HAVE PUBLIC HEALTH OR SAFETY IMPLICATIONS AND IN RESPECT OF WHICH COMPETENT AUTHORITIES MAY CHECK PROFESSIONAL QUALIFICATIONS PRIOR TO FIRST PROVISION OF SERVICES ON TEMPORARY AND OCCASIONAL BASIS

Advanced Paramedic

Archaeologist

Architect¹

Audiologist

Building Surveyor

Chartered Engineer

Clinical Biochemist

Clinical Dental Technician

Dental Hygienist

Dental Nurse

Dentist/Dental Practitioner¹

Dietitian

Dispensing Optician

Doctor/Medical Practitioner¹

Driving Instructor

Emergency Medical Technician

Environmental Health Officer

Medical Scientist

Midwife/Registered Midwife¹

Nurse/Registered Nurse¹

Occupational Therapist

Optometrist

Orthodontic Therapist

Orthoptist

Paramedic

Pesticide Advisor

Pesticide Distributor

Pesticide Equipment Inspector

Pesticide Professional User/Sprayer Operator

Pharmacist¹

Physiotherapist

Podiatrist

Psychologist

Radiation Therapist

Radiographer

Social Worker

Speech and Language Therapist

Veterinary Nurse

Veterinary Practitioner¹

1 In respect of these professions, a prior check is only allowed where the person has not benefitted from automatic recognition of qualifications under Parts 6 to 14.

Regulations 19, 20, 21 and 22

Schedule 4 LEVELS OF QUALIFICATION UNDER GENERAL SYSTEM FOR RECOGNITION OF EVIDENCE OF TRAINING

• (a) an attestation of competence issued by a competent authority in the home Member State designated pursuant to legislative, regulatory or administrative provisions of that Member State, on the basis of—

• (i) a training course not forming part of a certificate or diploma within the meaning of level (b), (c), (d) or (e), or a specific examination without prior training, or full-time pursuit of the profession in a Member State for three consecutive years or for an equivalent duration on a part-time basis during the previous 10 years, or

• (ii) general primary or secondary education, attesting that the holder has acquired general knowledge;

• (b) a certificate attesting to a successful completion of a secondary course—

• (i) general in character, supplemented by a course of study or professional training other than those referred to in level (c) and/or by the probationary or professional practice required in addition to that course, or

• (ii) technical or professional in character, supplemented where appropriate by a course of study or professional training as referred to in point (i), and/or by the probationary or professional practice required in addition to that course;

• (c) a diploma certifying successful completion of—

• (i) training at post-secondary level other than that referred to in levels (d) and (e) of a duration of at least one year or of an equivalent duration on a part-time basis, one of the conditions of entry of which is, as a general rule, the successful completion of the secondary course required to obtain entry to university or higher education or the completion of equivalent school education of the second secondary level, as well as the professional training which may be required in addition to that postsecondary course, or

• (ii) regulated education and training or, in the case of regulated professions, vocational training with a special structure, with competences going beyond what is provided for in level (b), equivalent to the level of training provided for under point (i), if such training provides a comparable professional standard and prepares the trainee for a comparable level of responsibilities and functions provided that the diploma is accompanied by a certificate from the home Member State;

• (d) a diploma certifying that the holder has successfully completed training at post-secondary level of at least three and not more than four years’ duration, or of an equivalent duration on a part-time basis, which may in addition be expressed with an equivalent number of ECTS credits, at a university or establishment of higher education or another establishment of equivalent level and, where appropriate, that he or she has successfully completed the professional training required in addition to the post-secondary course;

• (e) a diploma certifying that the holder has successfully completed a post-secondary course of at least four years’ duration, or of an equivalent duration on a part-time basis, which may in addition be expressed with an equivalent number of ECTS credits, at a university or establishment of higher education or another establishment of equivalent level and, where appropriate, that he or she has successfully completed the professional training required in addition to the post-secondary course.

Regulation 22

Schedule 5 PROFESSIONS AND PROFESSIONAL ACTIVITIES WHOSE PURSUIT REQUIRES PRECISE KNOWLEDGE OF NATIONAL LAW AND IN RESPECT OF WHICH THE PROVISION OF ADVICE OR ASSISTANCE CONCERNING NATIONAL LAW IS AN ESSENTIAL AND CONSTANT ASPECT OF THE PROFESSIONAL ACTIVITY

Accounting Technician

Architect

Approved Intermediary

Auditing Company Accounts

Auditing Company Accounts Public

Barrister

Building Energy Rating (BER) Assessor

Building Surveyor

Certified Accountant

Certified Public Accountant

Chartered Accountant

Chartered Engineer

Driving Instructor

Examiner

Liquidator

Patent Agent

Personal Insolvency Practitioner

Solicitor

Tax Consultant

Trade Mark Agent

Regulations 72 and 73

Schedule 6 PROFESSIONS AND COMPETENT AUTHORITIES TO WHICH PART 9 (EUROPEAN PROFESSIONAL CARD) APPLIES

Column 1	Column 2
Profession	Competent authority
Nurses responsible for general care	Nursing and Midwifery Board of Ireland
Pharmacist (basic training)	Council of the Pharmaceutical Society of Ireland
Physiotherapists	Physiotherapists Registration Board
Mountain guides	Minister for Education and Skills
Real estate agents	Property Services Regulatory Authority

GIVEN under my Official Seal,

17 January 2017.

RICHARD BRUTON,

Minister for Education and Skills.

EXPLANATORY NOTE

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

These Regulations (1) give effect to Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005, as amended by Directive 2013/55/EU of the European Parliament and of the Council of 20 November 2013 and Commission Delegated Decision (EU) 2016/790 of 13 January 2016, (2) give full effect to Commission Implementing Regulation (EU) 2015/983 of 24 June 2015, and (3) give effect to Article 49 of the Treaty on the Functioning of the European Union in so far as that Article relates to the recognition of pharmacist qualifications.

These Regulations revoke the Recognition of Professional Qualifications (Directive 2005/36/EC) Regulations 2008, as well as a number of similar Regulations in relation to particular health professions.

These Regulations may be cited as the European Union (Recognition of Professional Qualifications) Regulations 2017.

Footnotes