European Communities (Second General System For The Recognition of Professional Education and Training) Regulations, 1996.

Statutory Instrument No.135/1996
Date21 May 1996

I, Niamh Bhreathnach, Minister for Education, in exercise of the powers conferred on me by Section 3 of the European Communities Act, 1972 (No. 27 of 1972), and for the purpose of giving effect to Council Directive No. 92/51/EEC of 18 June 1992,1 and Commission Directive No. 94/38/EC of 26 July, 19942 and Commission Directive No. 95/43/EC of 20 July, 19953 hereby make the following Regulations:

1 O.J. No. L209, 24.7.92, p.25

2 O.J. No. L217, 23.8.94, p.8

3 O.J. No. L184 3.8.95, p.21

1. 1) These Regulations may be cited as the European Communities (Second General System for the Recognition of Professional Education and Training) Regulations, 1996.

2) These Regulations shall come into operation on the 21st day of May, 1996.

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

"adaptation period" has the meaning assigned to it by Regulation 11;

"applicant" means a person who makes an application;

"application" means an application made pursuant to these Regulations and the Directive by a national of a Member State to a designated authority for authorisation to take up and pursue a regulated profession in the State;

"aptitude test" means a test that complies with Regulation 10;

"attestation of competence" means any evidence of qualifications —

( a ) attesting to education and training other than education and training constituting a diploma or certificate, or

( b ) awarded following an assessment of the personal qualities, aptitudes or knowledge which it is considered essential that the applicant have for the pursuit of a profession by an authority designated in accordance with the laws, regulations or administrative provisions of a Member State without proof of prior education and training being required;

"certificate" means —

( a ) evidence of education and training or any set of such evidence —

(i) that has been awarded by a competent authority in a Member State, designated in accordance with its own laws, regulations or administrative provisions,

(ii) (I) that shows that the holder, having followed a secondary course has subsequently completed either —

(A) a course of education or training (other than the courses referred to in the definition of "Regulation 2 diploma") at an educational or training establishment or on the job, or in combination at an education or training establishment and on the job, and complemented, where appropriate, by the probationary or professional practice required in addition to the secondary course, or

(B) the probationary or professional practice required in addition to the secondary course, or

(II) that shows that the holder, having followed a secondary course of a technical or vocational nature has completed, where necessary, either

(A) a course of education or training (other than the courses referred to in the definition of "Regulation 2 diploma") at an educational or training establishment or on the job, or in combination at an educational or training establishment and on the job, and complemented, where appropriate, by the probationary or professional practice required in addition to the secondary course of a technical or vocational nature, or

(B) the probationary or professional practice required in addition to this secondary course of a technical or vocational nature,

and

(iii) that shows that the holder has the professional qualifications required for the taking up or pursuit of a regulated profession in that Member State:

Provided that the education and training attested by this evidence was received mainly in the Community, or outside the Community at teaching establishments which provide education and training in accordance with the laws, regulations or administrative provisions of a Member State, or that the holder thereof has 2 years' professional experience certified by the Member State which recognised third-country evidence of education and training, or

( b ) evidence of education and training or any set of such evidence awarded by a competent authority in a Member State if it is awarded on the successful completion of education and training received in the Community and recognised by a competent authority in that Member State as being of an equivalent level to that of a certificate specified in paragraph (a) and if it confers the same rights in respect of the taking up and pursuit of a regulated profession in that Member State;

"competent authority" means, in relation to —

( a ) a Regulation 2 diploma or other certificate, document, or attestation of competence, or

( b ) a period of professional experience,

referred to in these Regulations, the person in a Member State authorised under the laws, regulations or administrative provisions of that State, to issue award or recognise that Regulation 2 diploma, certificate, document or attestation of competence, or to certify that period;

"corresponding profession", in relation to a regulated profession in the State that is the subject of an application, means a profession in another Member State which corresponds substantially to the first-mentioned profession;

"designated authority" means, as the context requires —

( a ) in relation to a profession or professional activity in the State specified in column (1) of the First Schedule, the person or one of the persons specified in column (2) of Part I, column (2) of Part II or column (3) of Part III of the said Schedule opposite the first-mentioned specification, or

( b ) an authority designated by another Member State pursuant to Article 13 of the Directive;

"diploma" means a Regulation 3 diploma or a Regulation 2 diploma;

"the Directive" means Council Directive No. 92/51/EEC of 18 June, 1992 as amended by Commission Directives No. 94/38/EC of 26 July 1994 and No. 95/43/EC of 20 July, 1995.

"the Minister" means the Minister for Education;

"the Principal Regulations" means the European Communities (General System

for the Recognition of Higher Education Diplomas) Regulations, 1991 ( S.I. No. 1 of 1991 );

"professional experience", in relation to a regulated profession that is the subject of an application, means the actual and lawful pursuit in another Member State of a corresponding profession;

"regulated education and training" means any education and training which —

( a ) is specifically geared to the pursuit of a given profession, and

( b ) comprises a course or courses complemented, where appropriate, by professional training or probationary or professional practice, the structure and level of which are determined by the laws, regulations or administrative provisions of a Member State or which are monitored or approved by the authority designated for that purpose;

"regulated profession" means, as the context requires —

( a ) a profession or professional activity in the State specified in the First Schedule, or in the First Schedule to the Principal Regulations, or

( b ) a professional activity or range of activities in another Member State for which an authority has been designatedunder Article 13 of the Directive, or Article 9 of the Council Directive No. 89/48/EEC of 21 December, 19884.

4 O.J. No. L19, 24.1.1989, p.16

and "regulate" in relation to a profession, shall be construed accordingly;

"regulated professional activity" means —

( a ) a professional activity, in so far as the taking up or pursuit thereof or one of the modes of such pursuit in a Member State is subject, directly or indirectly by virtue of laws, regulations or administrative provisions, to the possession of evidence of education and training or an attestation of competence and, in particular (but without prejudice to the generality of the foregoing), the following shall constitute, for the purposes of this definition, a mode of pursuit of a regulated professional activity:

(i) pursuit of an activity under a professional title, in so far as the use of such a title is reserved to the holders of evidence of education and training or an attestation of competence governed by laws, regulations or administrative provisions,

(ii) pursuit of a professional activity relating to health in so far as remuneration or reimbursement or both for the activity is subject by virtue of national arrangements to the possession of evidence of education and training or an attestation of competence, and

( b ) a professional activity to which paragraph (a) does not apply and which is pursued by the members of an association or organisation the purpose of which is, in particular, to promote and maintain a high standard in the professional field concerned and which, to achieve that purpose, is recognised in a special form by a Member State and —

(i) awards evidence of education and training to its members,

(ii) ensures that its members respect the rules of professional conduct which it prescribes, and

(iii) confers on them the right to use a professional title or designatory letters or to benefit from a status corresponding to that education and training;

"Regulation 2 diploma" means —

(a) evidence of education and training or any set of such evidence —

(i) that has been awarded by a competent authority in a Member State, designated in accordance with its own laws, regulations or administrative provisions,

(ii) that shows that the holder has successfully completed, either —

(I) a post-secondary course (other than a post-secondary course referred to in Regulation 3(1) of the Principal Regulations) of at least 1 year's duration or of an equivalent duration part-time, one of the conditions of entry to which is, as a general rule, the successful completion of the secondary course required to obtain entry to university or higher education, together with the professional training which may be required in addition to that post-secondary course, or

(II) one of the education and training courses specified in Annex C of the Directive, and

(iii) that shows that the holder has the...

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