S.I. No. 745/2007 - European Communities (Veterinary Practice Act 2005) (Qualifications in Veterinary Medicine) Regulations 2007

1. Subject to

subparagraph (2)

, documents referred to in

section 43(9)(b)

and

section 95(10)(b)

shall be furnished to the Council no later than 15 days before the first day, as notified by the applicant to the Council, on which the applicant intends to provide such services.

2. If the applicant cannot furnish the documents, referred to in

section 43(9)(b)

or

section 95(10)(b)

, but he or she satisfies the Council that there are compelling reasons why he or she should commence providing services on the day as notified by the applicant, as being the first day on which he or she intends to provide such services, then the documents may be furnished to the Council within 15 days after that day.

3. The Council, where it considers it appropriate to do so, may request from the competent authority in the relevant State concerned, information on the legality of the applicant’s establishment, his or her good conduct or confirmation of the absence of any disciplinary or criminal sanctions related to the practice of veterinary medicine as a veterinary practitioner or as a veterinary nurse.

4. The Council, following determination of an application, may satisfy itself that an applicant has the necessary linguistic skills in accordance with Article 53 of the Mutual Recognition Directive and where it, in exceptional cases, considers this to be necessary, it may require the applicant to undergo a language test.

5. No fee shall be payable to the Council in respect of the application, and sections 54 and 58 shall not apply to the applicant during the period beginning on the day that his or her application is received and ending on the day that the Council decides whether or not to register the applicant.

6. A person registered under

section 43(9)

shall, for the purposes of providing professional services in the State, use a professional title on the same basis as a person trained in the State.

7. A person registered under

section 95(10)

shall, for the purposes of providing professional services in the State—

(

a

) use a professional title which is designated for a veterinary nurse by the competent authority in the relevant State where he or she is established, or

(

b

) where no professional title is designated for a veterinary nurse in the relevant State where he or she is established, use the formal qualification which he or she holds.

8. In the case of a person referred to in paragraph 7 of this Part, the Council may, as a condition of registration, require the person to furnish recipients of his or her professional services with any relevant information referred to in Article 9 of the Mutual Recognition Directive.

9. Where a document, referred to in Article 7(2)(

b

) of the Mutual Recognition Directive, is issued by the Council and the Council subsequently takes a decision in respect of the person concerned in accordance with

Section 80, 81, 82

or

84,

the Council shall immediately so inform the competent authority of each relevant State.

10. The Council shall participate in administrative co-operation with competent authorities in other relevant States in accordance with Article 8(2) and Article 56(1) and (2) of the Mutual Recognition Directive.”

GIVEN under my Official Seal,

6 November 2007

MARY COUGHLAN,

Minister for Agriculture, Fisheries and Food.

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 regards the 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 veterinary practitioners and veterinary nurses.

1 OJ L 255, 30.09.2005, p.22

11. The Council may register the applicant subject to a condition requiring him or her, when using any academic title in accordance with Article 54 of the Mutual Recognition Directive, being an academic title which is relevant to the application, to indicate by whom it was conferred or awarded.

12. Where the Council is of opinion that the academic title to which any diploma, certificate, or other document on which an application is grounded is capable of being understood as indicating that a person entitled to use such title or qualification has pursued a programme of education other than that which he or he has in fact undergone, the Council may in accordance with Article 54 of the Mutual Recognition Directive make it a condition of registration that the person concerned shall use the title, qualification or status in a manner directed by the Council.

13. Where a condition is attached by the Council under this Schedule and there is failure by the person to whom the condition relates to comply with the condition, the Council, if it thinks fit, may—

(

a

) direct that, during such period as shall be specified in the direction, his or her registration shall not have effect, or

(

b

) remove his or her name from the Register.

14. Where the Council is requested by a competent authority in another relevant State to furnish certification as to any matters referred to in

Annex VII (1)(

d

)

of the Mutual Recognition Directive and where such certification relates to its functions deriving from the aforementioned Directive, it shall do so within two months of receiving the request.

PART 3

PROVISIONS TO APPLY TO APPLICATIONS THAT RELATE TO PROVISION OF SERVICES

S.I. No. 745 of 2007

EUROPEAN COMMUNITIES (VETERINARY PRACTICE ACT 2005) (QUALIFICATIONS IN VETERINARY MEDICINE) REGULATIONS 2007

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

13

th November

, 2007.

I, MARY COUGHLAN, Minister for Agriculture, Fisheries 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 2005/36/EC

1

of 7 September 2005, in so far as that Directive relates to veterinary medicine, hereby make the following Regulations—