Recognition of the Professional Qualifications of Dentists (Directive 2005/36/EC) Regulations, 2008

• Published date: 18 July 2008
• Statutory Instrument No.: 263/2008

S.I. No. 263 of 2008

RECOGNITION OF THE PROFESSIONAL QUALIFICATIONS OF DENTISTS (DIRECTIVE 2005/36/EC) REGULATIONS, 2008

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 18th July, 2008.

I, MARY HARNEY, Minister for Health and Children, in exercise of the powers conferred on me by Section 3 of the European Communities Act, 1972 (No. 27 of 1972), as amended by the European Communities Act 2007 (No. 18 of 2007), and for the purpose of giving effect to Council Directive No. 2005/36/EC of 7 September 2005, Council Directive No. 2006/100/EC of 20 November 2006, Article 24 of Council Directive No. 2004/38/EC of 29 April 2004, Article 27 of Council Directive No. 2004/83/EC of 29 April 2004, hereby make the following Regulations:

Citation

1. (1) These Regulations may be cited as the Recognition of Professional Qualifications of Dentists (Directive 2005/36/EC) Regulations, 2008.

(2) These Regulations shall come into operation on the date they are signed by the Minister.

Purpose of these Regulations

2. These Regulations govern the recognition in the State of the professional qualifications of dental practitioners and specialised dental practitioners pursuant to Directive 2005/36/EC of the European Parliament and the Council, of 7 September 2005, on the recognition of professional qualifications.

Interpretation

3. (1) In these Regulations, except where the context otherwise requires—

“applicant” means a person who applies, pursuant to these Regulations, for registration in the Register of Dentists or the Register of Dental Specialists;

“aptitude test” means a test limited to the professional knowledge of the applicant, made by the Council with the aim of assessing the ability of an applicant to perform the relevant profession. In order to permit this test to be carried out, the Council shall draw up a list of subjects which, on the basis of a comparison of the education and training required in the State and that received by the applicant, are not covered by the diploma or other evidence of formal qualifications possessed by the applicant.

The aptitude test must take account of the fact that the applicant is a qualified professional in the relevant state in which he or she is established. It shall cover subjects to be selected from those on the list, knowledge of which is essential in order to be able to pursue the profession in the State. The test may also include knowledge of the professional rules applicable to the activities in question in the State.

The detailed application of the aptitude test and the applicant’s status in the State shall be determined by the Council;

“competent authority” means any authority or body empowered by a relevant state specifically to issue or receive training diplomas and other documents or information and to receive the applications, and take the decisions, referred to in the Professional Qualifications Directive in respect of the professions of dental practitioner and specialist dental practitioner;

“the Council” means An Chomhairle Fiaclireachta, or the Dental Council, established by the Dentists Act 1985 (No. 9 of 1985);

“establishment” means the actual pursuit of an economic activity, as referred to in Article 43 of the Treaty, by the provider for an indefinite period and, where applicable, through a stable infrastructure from where the business of providing services is actually carried out;

“evidence of formal qualifications” means diplomas, certificates and other evidence issued by an authority in a relevant state designated pursuant to legislative, regulatory or administrative provisions in that relevant state and certifying successful completion of professional training obtained mainly in a relevant state;

“Minister” means the Minister for Health and Children;

“national of a relevant state” includes a person who is not a national of a relevant state, but who is, by virtue of any enforceable Community right, entitled to be treated no less favourably than a national of such a state and, in particular:

(a) family members of European Union citizens, as defined in Article 2(2) and Article 3 of Council Directive 2004/38/EC, who have been given the right of residence or permanent residence, under that Directive; and

(b) persons granted refugee or subsidiary protection status in the State, and their dependent family members, as set out in Council Directive 2004/83/EC;

“professional experience” means the actual and lawful pursuit in another Member State of a corresponding profession;

“the Professional Qualifications Directive” means Directive 2005/36/EC of 7 September 2005 on the recognition of professional qualifications, as amended by Council Directive 2006/100/EC of 20 November 2006 adapting certain Directives in the field of freedom of movement of persons by reason of the accession of Bulgaria and Romania;

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

“the Register of Dental Specialists” means the register established under section 29 of the Dentists Act 1985 (No. 9 of 1985) for persons practising orthodontics or oral surgery in the State;

“the Register of Dentists” means the register established under section 26 of the Dentists Act 1985 (No. 9 of 1985);

“relevant state” means—

(a) a Member State of the European Union,

(b) a State that is a contracting state to the EEA Agreement within the meaning given by the European Communities (Amendment) Act 1993 (other than a Member State of the European Union),

(c) the Swiss Confederation;

“service” means any self-employed economic activity normally provided for remuneration, as referred to in Article 50 of the Treaty;

“the Treaty” means the Treaty establishing the European Community, signed at Rome on 25 March 1957, as amended;

“visiting service provider” means a person seeking to provide service in the State pursuant to Regulation 13(1);

(2) A word or expression that is used in these Regulations and is also used in the Professional Qualifications Directive has, unless a contrary intention appears, the meaning in these Regulations that it has in the Professional Qualifications Directive.

(3) In these Regulations—

(a) a reference to a regulation is a reference to a regulation of these Regulations unless it is indicated that reference to some other Regulations is intended,

(b) a reference to a paragraph or subparagraph is a reference to the paragraph or subparagraph of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended,

(c) any reference to an Annex of the Professional Qualifications Directive shall be treated as encompassing the Annexes set out in the Professional Qualifications Directive as updated by the additions in Council Directive 2006/100/EC on foot of the accession of Bulgaria and Romania,

(d) any reference to an Annex of the Professional Qualifications Directive shall be treated as encompassing subsequent updates made from time to time on foot of the accession of additional Member States, or on the basis of decisions made by the Committee established under Article 58 of the Professional Qualifications Directive.

Competent Authority

4. (1) The Council is hereby designated as the competent authority in the State for the purposes of—

(a) the Professional Qualifications Directive and the Professional Qualifications Regulations in relation to dental practitioners and specialised dental practitioners,

and,

(b) the award of evidence of the formal qualifications for dental practitioners and specialised dental practitioners listed in Annex V, points 5.3.2 and 5.3.3 respectively, of the Professional Qualifications Directive.

(2) The functions of the competent authority in the State under the Professional Qualifications Directive and the Professional Qualifications Regulations, in relation to dental practitioners and specialised dental practitioners shall be performed by the Council.

Pursuit of the professional activities of dental practitioners

5. (1) For the purposes of these Regulations, the professional activities of dental practitioners are the activities defined in paragraph (2) of this Regulation and pursued under the professional qualifications listed in Annex V, point 5.3.2 of the Professional Qualifications Directive.

(2) The profession of dental practitioner is based on dental training referred to in Article 34 of the Professional Qualifications Directive and constitutes a specific profession which is distinct from other general or specialised medical professions. Pursuit of the activities of a dental practitioner requires the possession of evidence of formal qualifications referred to in Annex V, point 5.3.2. Holders of such evidence of formal qualifications shall be treated in the same way as those to whom Regulations 8 and 9 apply.

(3) The State shall ensure that dental practitioners are generally able to gain access to and pursue the activities of prevention, diagnosis and treatment of anomalies and diseases affecting the teeth, mouth, jaws and adjoining tissue, having due regard to the relevant regulatory provisions and rules of professional ethics.

Training of dentists and specialist dentists

6. The Council shall ensure that the training of dentists and specialist dentists in the State satisfies the requirements of Articles 34 and 35, respectively, of the Professional Qualifications Directive.

Registration of dental practitioners and specialised dental practitioners under automatic system of recognition

7. (1) (a) Every person, being a national of a relevant state, on making an application in the form and manner specified by the Council and on paying the prescribed fee, and who at the time of such application provides evidence that he or she...