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Mutual Recognition of Qualifications of Veterinary Surgeons Regulations, 2004

20 Articles / Provisions · Malta
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Malta Government Gazette — Legal Notice 2004 257 — Mutual Recognition of Qualifications of Veterinary Surgeons Regulations, 2004

L.N. 257 of 2004

VETERINARY SERVICES ACT

(ACT NO. XXIII of 2001)

Mutual Recognition of Qualifications of Veterinary Surgeons Regulations, 2004

IN exercise of the powers conferred by article 45A of the Veterinary Services

Act, the Minister for Rural Affairs and the Environment has made the following

regulations:-

Citation and commencement

Malta Government Gazette — Legal Notice 2004 257 — Mutual Recognition of Qualifications of Veterinary Surgeons Regulations, 2004

(1) These regulations may be cited as the Mutual Recognition of

Qualifications of Veterinary Surgeons Regulations, 2004.

(2) These regulations shall come into force on such date or dates as the

Minister responsible for Veterinary Services may by notice in the Government

Gazette appoint, and different dates may be so appointed for different purposes and

different provisions of these regulations.

Interpretation

Malta Government Gazette — Legal Notice 2004 257 — Mutual Recognition of Qualifications of Veterinary Surgeons Regulations, 2004

(Regulation 3)

Titles of diplomas, certificates and other evidence of formal qualifications in veterinary

surgery

Country

Title of

Competent

Certificate

qualification

Authority

accompanying

qualification

Belgique / België /

-

Diploma van

- De universiteiten /

Belgien

dierenarts

les universités

-

Diplôme de

- De bevoegde

docteur en

Examencommissie

médecine

van de Vlaamse

vétérinaire

Gemeenschap/le

Jury compétent

d'enseignement de la

Communauté

française

Danmark

Bevis for bestået

Kongelige

kandidateksamen i

Veterinær- og

veterinærvidenskab

Landbohøjskole

B

Zeugnis über das

Der Vorsitzende des

Ergebnis des

Prüfungsausschusses

Dritten Abscnitts

für die Tierärztliche

der Tierärztlichen

Prüfung einer

Prüfung und das

Universität oder

Gesamtergebnis der

Hochschule

Tierärztlichen

Prüfung

Titulo de

Ministerio de

Licenciado en

Educación y Cultura

Veterinaria

/ El rector de una

Universidad

Diplôme d'Etat de

docteur vétérinaire

(see Greek text)

(see Greek text)

The Diplomas,

certificates and

other titles awarded

in another State to

which this

regulation applies

and listed in the

In the case of citizens of Member States whose diplomas, certificates and other

evidence of formal qualifications as veterinary surgeons attest to training received in

the territory of the former German Democratic Republic which does not satisfy all the

minimum training requirements laid down in regulation 4, the Council shall recognise

those diplomas, certificates and other evidence of formal qualifications, as being

sufficient proof if

they attest to training commenced before German unification on the 3 rd

October 1990;

they entitle the holder to pursue the activities of a veterinary surgeon

throughout the territory of Germany under the same conditions as the

qualifications awarded by the competent German authorities and

referred to in this Schedule; and

they are accompanied by a certificate issued by the competent German

authorities stating that those citizens have effectively and lawfully

been engaged in the activities in question in Germany for at least three

consecutive years during the five years prior to the date of issue of the

certificate.

B

present Schedule,

accompanied by a

certificate on the

completed practical

training issued by

the competent

authority.

Ireland

1. Diploma of

Bachelor in/of

Veterinary

Medicine

(MVB)

2. Diploma of

Membership of

the Royal

College of

Veterinary

Surgeons

(MRCVS)

Italia

Diploma di laurea

Universita'

Diploma di

in medicina

abilitazione

veterinaria

all'esercizio della

medicina

veterinaria

B

Liechtenstein

The Diplomas,

certificates and

other titles awarded

in another State to

which Regulation

applies and listed in

the present

Schedule,

accompanied by a

certificate on the

completed practical

training issued by

the competent

authorities

Luxembourg

Diplôme d’Etat de

Jury d’examen

docteur en

d’Etat

médecine

vétérinaire

Magyarorszag

Allatorvos doktor

Szent Istvan

oklevel – dr.

Egyetem

med.vet.

Allatorvos-

tudomanyi Kar

Malta

Licenzja ta’

Kunsill tal-Kirurgi

Kirurgu Veterinarju Veterinarji

Nederland

Getuigschrift van

met goed gevolg

afgelegd

diergeneeskundig /

veeartsenijkundig

examen

Norway

Eksamensbevis

Norwegian College

utstedt av Norges

of Veterinary

veterinaerhogskole Medicine

for bestatt

veterinaemedisinsk

embetseksamen

(diploma of degree

cand. med. vet.)

1. Diplom-

Universität

-

Doktor

der

Österreich

Tierarzt

Veterinärmedizin

2. Magister

- Doctor medicinae

medicinae

veterinariae

veterinariae

- Fachtierarzt

Portugal

Carta de curso de

Universidade

licenciatura em

medicina

veterinária

Polska

Dyplom lekarza

1. Szkola Glowna

weterynarni

Gospoddarstwa

Wiejskiego w

B

Warszawie

2. Akademia

Rolnicza we

Wroclawiu

3. Akademia

Rolnicza w

Lublinie

4. Uniwersytet

Warminsko-

Mazurski w

Olsztynie

Slovenija

Diploma s katero se Univerza

Spricevalo o

podeljuje strokovni

opravljenem

naslov “doktor

drzavnem izpitu s

veterinarske

podrocja

medicine/doktorica

veterinarstva

veterinarske

medicine

Slovensko

Vysokoskolsky

Univerzita

diplom o udeneleni veterinarskeho

akademickeho

lekarstva”

titulu “doktor

veterinarskej

mediciny”

(“MVDr.”)

Suomi / Finland

Eläinlääketieteen

Helsingin yliopisto

lisensiaatin tutkinto / Helsingfors

/ veterinärmedicine universitet

licentiatexamen

Sverige

Veterinärexamen

Sveriges

Landbruksuniversit

et

Switzerland

Titulaire du

Departement

Diplome Federal de Federal de

Veterinaire/

l’Intererieur

Eidgenissisch

Diplomierter

Tierarzt/ Titolare di

Diploma Federale

di Veterinario

United Kingdom

1. Bachelor of

1. University of

Veterinary

Bristol

Science (BVSc) 2. University of

2. Bachelor of

Liverpool

Veterinary

3. University of

Science (BVSc)

Cambridge

3. Bachelor of

4. University of

Veterinary

Edinburgh

Medicine

5. University of

(BvetMB)

Glasgow

B

4. Bachelor of

6. University of

Veterinary

London

Medicine and

Surgery

(BVM&S)

5. Bachelor of

Veterinary

Medicine and

Surgery

(BVM&S)

6. Bachelor of

Veterinary

Medicine

(BvetMed)

Malta Government Gazette — Legal Notice 2004 257 — Mutual Recognition of Qualifications of Veterinary Surgeons Regulations, 2004

In these regulations, unless the context otherwise requires –

(i) “the Act” means the Veterinary Services Act;

(ii) “applicant” means any person from a Member State applying to the

Council for authorisation to practise the profession in Malta;

(iii) “application” means a request submitted by an applicant to practise the

profession in Malta;

(iv) "competent authority", in relation to -

(a)

any document, certificate, diploma or qualification, or

attestation of competence; or

(b)

a period of professional experience,

means the authority, body or person in a Member State authorised under the

legislation or established practice of that State to issue, award or recognise

such document, certificate, diploma or qualification, or attestation of

competence, or to certify any such period of professional experience;

(v) "diploma" includes a degree;

(vi) “EEA” means the European Economic Area;

(vii) "European Union" means the European Union referred to in the Treaty;

B

(viii) "Member State" means a State which is a member of the European

Union;

(ix) “Nationals” means nationals of Member States of the European

Community and also includes nationals of EEA States and Switzerland;

(x) “Qualifications” means qualifications obtained in Member States, as well

as those obtained in States which are part of the EEA and Switzerland;

(xi) "the Treaty" has the same meaning as is assigned to it in article 2 of the

European Union Act, 2003.

(xii) “the Council” means the Veterinary Surgeons Council as established

under article 39 of the Veterinary Services Act.

Recognition of formal qualifications fulfilling regulation 4 and Acquired Rights.

Malta Government Gazette — Legal Notice 2004 257 — Mutual Recognition of Qualifications of Veterinary Surgeons Regulations, 2004

(Regulation 4(2))

Minimum Core Subjects

The programme of studies leading to the diploma, certificate or other evidence

of formal qualifications in veterinary medicine shall include at least the

subjects listed below. Instruction in one or more of these subjects may be

given as part of, or in association with, other courses.

A. Basic subjects

•

Physics

•

Chemistry

•

Animal biology

•

Plant biology

•

Biomathematics

B. Specific subjects

Group 1: Basic sciences

•

Anatomy (including histology and embryology)

•

Physiology

•

Bio-chemistry

•

Genetics

•

Pharmacology

•

Pharmacy

•

Toxicology

•

Microbiology

•

Immunology

•

Epidemiology

•

Professional ethics

Group 2: Clinical sciences

•

Obstetrics

•

Pathology (including pathological anatomy)

•

Parasitology

•

Clinical medicine and surgery (including anaesthetics)

•

Clinical lectures on the various domestic animals, poultry and other animal

species

•

Preventive medicine

•

Radiology

•

Reproduction and reproductive disorders

•

Veterinary state medicine and public health

•

Veterinary legislation and forensic medicine

•

Therapeutics

•

Propaedeutics

Group 3: Animal production

•

Animal production

•

Animal nutrition

•

Agronomy

•

Rural economics

•

Animal husbandry

•

Veterinary hygiene

•

Animal ethology and protection

Group 4: Food hygiene

•

Inspection and control of animal foodstuffs or foodstuffs of animal origin

•

Food hygiene and technology

•

Practical work (including practical work in places where slaughtering and

processing of foodstuffs takes place).

Practical training may be in the form of a training period, provided that such

training is full-time and under the direct control of the competent authority,

and does not exceed six months within the aggregate training period of five

years study.

The distribution of the theoretical and practical training among the various

groups of subjects shall be balanced and co-ordinated in such a way that the

knowledge and experience listed in regulation 4 may be acquired in a manner

which will adequately enable veterinary surgeons to perform all their various

duties.

Mitbug] fl-Istamperija tal-Gvern - Printed at the Government Printing Press

Malta Government Gazette — Legal Notice 2004 257 — Mutual Recognition of Qualifications of Veterinary Surgeons Regulations, 2004

(1) The Council shall recognise the diplomas, certificates and other

evidence of formal qualifications awarded to citizens of Member States by a

competent authority in accordance with regulation 4 and as listed in Schedule I, by

giving such qualifications, as regards the right to take up and pursue the activities of a

veterinary surgeon, the same effect in Malta as those awarded by the Council itself.

Where a diploma, certificate or other evidence of formal qualifications, namely the

State examination certificate in Veterinary medicine awarded by the competent

authority on the basis of the findings of the Competent State examining board, was

issued before the implementation of European Union Council Directive 78/1027/EEC

in the Member State in question, the said required qualifications shall be accompanied

by a certificate from the authorities concerned in the issuing country. This shall state

that it complies with article 1 of European Union Council Directive 78/1027/EEC.

(2) In the case of nationals of Member States whose diplomas, certificates and

other evidence of formal qualifications do not satisfy all the minimum training

requirements laid down in article 1 of European Union Council Directive

78/1027/EEC, in the Member State in question, each Member State shall recognise, as

being sufficient proof, the diplomas, certificates and other evidence of formal

qualifications in veterinary medicine awarded by those Member States before the

implementation of European Union Council Directive 78/1027/EEC, accompanied by

a certificate stating that those nationals have effectively and lawfully been engaged in

the activities in question for at least three consecutive years during the five years prior

to the date of issue of the certificate.

(3) Veterinary diplomas which are awarded to nationals of Member States by

Member States and which do not satisfy all the minimum training requirements laid

down in Article 1 of European Union Council Directive 78/1027/EEC shall be treated

as diplomas satisfying these requirements if -

(a) there is evidence of training which was completed before the

implementation of the said Directive -

(i)

For Belgium, Denmark, Germany, France, Ireland,

Luxembourg, the Netherlands and the United Kingdom: 21 st

December 1980;

For Greece: 1 st January 1981;

(ii)

(iii) For Italy: 1 st January 1985;

For Spain and Portugal: 1 st January 1986;

(iv)

For Austria, Finland, Sweden, Norway and Iceland: 1 st January

(v)

1994;

For Liechtenstein: 1 st May 1995;

(vi)

(vii) For Switzerland: 1 st June 2002;

(viii) For the Czech Republic, Estonia, Cyprus, Latvia, Lithuania,

Hungary, Poland, Slovakia and Slovenia: 1 st of May 2004.

(b) or, there is evidence of training which was completed after but which

was commenced before the implementation of the said Directive and,

in each case, if -

(i)

they are accompanied by a certificate stating that their holders

have been effectively and lawfully engaged in the activities in

question in a Member State for at least 3 consecutive years

during the 5 years preceding the award of the certificate.

(c) The Veterinary Services shall examine the other cases of nationals

whose Veterinary diplomas attest to training received on the territory of

particular States in particular time or before this State becomes Member

State.

(d) In the case of nationals of Member States whose diplomas, certificates

and other evidence of formal qualifications in veterinary medicine were

awarded by, or whose training started in former Czechoslovakia before 1 st

January 1993, each Member State shall recognise those veterinary

diplomas, certificates and other evidence of formal qualifications as being

sufficient proof when the authorities of the Czech Republic attest that

those qualifications have, on its territory, and the same legal validity as

Czech qualifications in veterinary medicine as regard access to the

veterinary profession and practice thereof. Such attestation must be

accompanied by a certificate issued by the same authorities stating that

those Member States’ nationals have effectively and lawfully been

engaged in the activity in question in the territory of the Czech Republic

for at least 3 consecutive years during the five years prior to the date of

issue of the certificate.

(e) In the case of nationals of Member States whose diplomas, certificates

and other evidence of formal qualifications in veterinary medicine were

awarded by, or whose training started in, the former Soviet Union before

the 20 th August 1991, each Member State shall recognise those Veterinary

diplomas, certificates and other evidence of formal qualifications as being

sufficient proof when the authorities of the Republic of Estonia attest that

those qualifications have, on its territory, the same legal validity as

Estonian qualifications in the veterinary medicine as regards access to the

B

veterinary profession and practice thereof. Such attestation must be

accompanied by a certificate issued by the same authorities stating that

those Member States nationals have effectively and lawfully been engaged

in the activity in question in the territory of the Republic of Estonia for at

least 5 consecutive years during the 7 years prior to the date of issue of the

certificate.

(f) In the case of nationals of the Member States whose diplomas,

certificates and other evidence of formal qualifications in veterinary

medicine were awarded by, or whose training started in, the former Soviet

Union before the 21 st August 1991, each Member State shall recognise

those Veterinary diplomas, certificate and other evidence of formal

qualifications as being sufficient proof when the authorities of the Latvia

attest that those qualifications have, on its territory, the same legal validity

as Latvian qualifications in veterinary medicine as regards access to the

veterinary profession and practice thereof. Such attestation must be

accompanied by a certificate issued by the same authorities stating that

those Member States nationals have effectively and lawfully been engaged

in the activity in question in the territory of Latvia for at least 3

consecutive years during the 5 years prior to the date of issue of the

certificate.

(g) In the case of nationals of the Member States whose diplomas,

certificates and other evidence of formal qualifications in veterinary

medicine were awarded by, or whose training started in the former Soviet

Union before 11 th March 1990, each Member State shall recognise those

diplomas, certificates and other evidence of formal qualifications in

veterinary medicine as being sufficient proof when the authorities of the

Lithuania attest that those qualifications have, on its territory, the same

legal validity as Lithuanian qualifications in veterinary medicine as

regards access to the veterinary profession and practice thereof. Such

attestation must be accompanied by a certificate issued by the same

authorities stating that those Member States’ nationals have effectively and

lawfully been engaged in the activity in question in the territory of

Lithuania for at least three consecutive years during the five years prior to

the date of issue of the certificate.

(h) In the case of nationals of the Member States whose diplomas,

certificates and other evidence of formal qualifications in veterinary

medicine were awarded by, or whose training started in, the former

Czechoslovakia before the 1 st January 1993, each Member State shall

recognise those diplomas, certificates and other formal qualifications in

veterinary medicine as being sufficient proof when the authorities of

Slovakia attest that those qualifications have, on its territory, the same

legal validity as Slovak qualifications in the veterinary medicine as regards

access in the veterinary profession and practice thereof. Such attestation

must be accompanied by a certificate issued by the same authorities stating

that those Member States’ nationals have effectively and lawfully been

engaged in the activity in question in the territory of Slovakia for at least

three consecutive years during the five years prior to the date of issue of

the certificate.

(i) In the case of nationals of the Member States whose diplomas,

certificates and other evidence of formal qualifications in veterinary

medicine were awarded by, or whose training started in, the Yugoslavia

before the 25 th June 1991, each Member State shall recognise those

diplomas, certificates and other evidence of formal qualifications in

veterinary medicine as being sufficient proof when the authorities of

Slovenia attest that those qualifications have, on its territory, the same

legal validity as Slovenian qualifications in the veterinary medicine as

regards access in the veterinary profession and practice thereof. Such

attestation must be accompanied by a certificate issued by the same

authorities stating that those Member States’ nationals have effectively and

lawfully been engaged in the activity in question in the territory of

Slovenia for at least three consecutive years during the five years prior to

the date of issue of the certificate.

Requirements for recognition

Malta Government Gazette — Legal Notice 2004 257 — Mutual Recognition of Qualifications of Veterinary Surgeons Regulations, 2004

(1) The Council shall require persons wishing to take up and pursue the

profession of veterinary surgeon to hold a diploma, certificate or other evidence of

formal qualifications in veterinary medicine as listed in the First Schedule, which

guarantees that during his complete training period the applicant has acquired -

(a)

adequate knowledge of the sciences on which the activities of the

veterinary surgeon are based;

(b)

adequate knowledge of the structure and functions of healthy animals,

of their husbandry, reproduction and hygiene in general, as well as

their feeding, including the technology involved in the manufacture

and preservation of foods corresponding to their needs;

(c)

adequate knowledge of the behaviour and protection of animals;

(d)

adequate knowledge of the causes, nature, course, effects, diagnosis

and treatment of the diseases of animals, whether considered

individually or in groups, including a special knowledge of the

diseases which may be transmitted to humans;

(e)

adequate knowledge of preventive medicine;

(f)

adequate knowledge of the hygiene and technology involved in the

production, manufacture and putting into circulation of animal

foodstuffs or foodstuffs of animal origin intended for human

consumption;

(g)

adequate knowledge of the laws, regulations and administrative

provisions relating to the subjects listed above; and

B

(h)

adequate clinical and other practical experience under appropriate

supervision.

(2) Veterinary training of this kind shall comprise in all at least five years'

theoretical and practical full-time instruction given in a university, a higher education

institution recognised as having equivalent status, or under the supervision of a

university, and shall include at least the subjects listed in Schedule II.

(3) In order to be accepted for this training, the candidate shall have a diploma

or a certificate which entitles him to be admitted to the universities or higher

education institutions recognised as having the equivalent status of a Member State

for the course of study concerned.

(4) Nothing in these regulations shall prejudice any facility which may be

granted in accordance with Maltese law, regulations or administrative provisions to

authorise holders of diplomas, certificates or other evidence of formal qualifications

which have not been obtained in a Member State to take up and pursue the activities

of a veterinary surgeon in Malta.

(5) In pursuance of these regulations, the Council shall automatically

recognise qualifications awarded in the States listed in Schedule I including all

European Union Member States and EEA States and Switzerland. Moreover,

qualifications from third country states which are deemed equivalent to those awarded

in Malta or in the States listed under Schedule I, may also be recognised after

verification by the Council.

Recognition of formal qualifications not conforming with qualifications as may

be specified by the Minister.

Malta Government Gazette — Legal Notice 2004 257 — Mutual Recognition of Qualifications of Veterinary Surgeons Regulations, 2004

In the case of citizens of Member States whose diplomas, certificates and

other evidence of formal qualifications as veterinary surgeon do not conform with the

qualifications or designations as listed in Schedule I, the Council shall recognise as

being sufficient proof the diplomas, certificates and other evidence of formal

qualifications awarded by those Member States, accompanied by a certificate issued

by the competent authority. The certificate shall certify that the diplomas, certificates

and other evidence of formal qualifications as veterinary surgeon were awarded

following training in accordance with regulation 4, and are treated by the Member

State which awarded them as equivalent to those as listed in Schedule I.

Use of academic title

Malta Government Gazette — Legal Notice 2004 257 — Mutual Recognition of Qualifications of Veterinary Surgeons Regulations, 2004

(1) Without prejudice to regulation 14, the Council shall ensure that the

citizens of Member States who fulfil the conditions laid down in regulations 3 and 5

have the right to use the lawful academic title or, where appropriate, the abbreviation

thereof, of their Member State of origin or of the Member State from which they

come, in the language of that State. The Council may require this title to be followed

by the name and location of the establishment or examining board which awarded it.

(2) If the academic title used in the Member State of origin, or in the Member

State from which an applicant comes, can be confused in Malta with a title requiring

additional training which the applicant has not undergone, the Council may require

B

such person to use the title employed in the Member State of origin or the Member

State from which he comes in suitable wording to be indicated by the Council.

Proof of good character

Malta Government Gazette — Legal Notice 2004 257 — Mutual Recognition of Qualifications of Veterinary Surgeons Regulations, 2004

(1) Whereas in accordance with article 43(3)(d) of the Act, the Council

requires of persons applying proof of good character when they take up for the first

time the activities of veterinary surgeons, it shall accept as sufficient evidence, in

respect of citizens of Member States, a certificate issued by a competent judicial or

administrative authority in the Member State of origin or in the Member State from

which the applicant comes, attesting that the requirements of the Member State as to

good character for taking up the activities in question have been met.

(2) Where the Member State of origin or the Member State from which the

applicant comes does not require proof of good character of persons wishing to take

up the activities in question for the first time, the Council may require of citizens of

the Member State of origin or of the Member State from which the applicant comes,

an extract from the ‘judicial record’ or, failing this, an equivalent document issued by

a competent judicial or administrative authority in the Member State of origin or the

Member State from which the applicant comes.

(3) If the Council has detailed knowledge of a serious matter which has

occurred abroad and which is likely to affect the taking up in Malta of the activities

concerned, it may inform the Member State of origin or the Member State from which

the applicant comes.

(4) The Member State of origin or the Member State from which the applicant

comes shall verify the accuracy of the facts. The counterpart bodies in that State shall

themselves decide on the nature and extent of the investigation to be made and shall

inform the Council of any consequential action which they take with regard to the

certificates or documents they have issued.

(5) The Council shall ensure the confidentiality of the information which is

forwarded.

Disciplinary action

Malta Government Gazette — Legal Notice 2004 257 — Mutual Recognition of Qualifications of Veterinary Surgeons Regulations, 2004

(1) Where there are cases of serious professional misconduct or conviction

for criminal offences, the Member State of origin or the Member State from which the

applicant comes shall forward to the Council all necessary information regarding

measures or disciplinary action of a professional or administrative nature taken in

respect of the applicant or any criminal penalties imposed on him when pursuing his

profession in the Member State of origin or in the Member State from which he came.

(2) If the Council has detailed knowledge of a serious matter which has

occurred in a country other than Malta and which is likely to affect the pursuit of the

activities concerned in Malta, it shall inform the Member State of origin or the

Member State from which the applicant comes.

(3) The Member State of origin or the Member State from which the applicant

comes shall verify the accuracy of the facts. The counterpart bodies in that State shall

themselves decide on the nature and extent of the investigation to be made and shall

B

inform the Council of any consequential action which they take with regard to the

information they have forwarded in accordance with sub-regulation (1).

(4) The Council shall ensure the confidentiality of the information forwarded.

(5) An applicant shall be subject to disciplinary action as a result of any error

that he commits in his diagnosis and, or, treatment in Malta.

State of good physical and mental health

Malta Government Gazette — Legal Notice 2004 257 — Mutual Recognition of Qualifications of Veterinary Surgeons Regulations, 2004

(1) Whereas in accordance with paragraph (3)(e) of article 43 of the Act, the

Council requires a person applying for a warrant to be in a state of good physical and

mental health, the Council shall accept as sufficient evidence thereof the presentation

of the document required in the Member State of origin or the Member State from

which the applicant comes.

(2) Where the Member State of origin or the Member State from which the

applicant comes does not impose any requirements of this nature on those wishing to

take up or pursue the activities of veterinary surgeons, the Council shall accept from

such applicant a certificate issued by a competent medical authority in that State

corresponding to the certificates issued in Malta.

Time limit for presentation of documents

Malta Government Gazette — Legal Notice 2004 257 — Mutual Recognition of Qualifications of Veterinary Surgeons Regulations, 2004

Documents issued in accordance with regulations 7, 8 and 9 may not be

presented later than three months after their date of issue.

Decisions with regard to regulations 7, 8 and 9

Malta Government Gazette — Legal Notice 2004 257 — Mutual Recognition of Qualifications of Veterinary Surgeons Regulations, 2004

(1) The procedure for authorising the applicant to take up the activities of

veterinary surgeons, in accordance with regulations 7, 8 and 9 must be completed as

soon as possible and not later than three months after presentation of all the

documents relating to such person, without prejudice to delays resulting from any

appeal that may be made upon termination of this procedure.

(2) In the cases referred to in regulation 7 (3) and (4) and regulation 8 (2) and

(3), a request for re-examination shall suspend the period laid down in sub-regulation

(1).

(3) The Member State consulted shall give its reply within a period of three

months. If it does not, the Council may take action in consequence of its detailed

knowledge of the serious matter involved.

(4)

On receipt of the reply or at the end of the period, the Council shall

continue with the procedure referred to in sub-regulation (1).

Decisions of the Council

Malta Government Gazette — Legal Notice 2004 257 — Mutual Recognition of Qualifications of Veterinary Surgeons Regulations, 2004

(1) The Council shall also examine diplomas, certificates and other

evidence of formal qualifications in the field of veterinary surgery obtained by the

applicant outside any Member State, in cases where those diplomas, certificates and

other evidence of formal qualifications have been recognised in a Member State, as

well as of training undergone and, or, professional experience.

B

(2) The Council shall give its decision within three months of the date on

which the applicant submits his application together with full supporting

documentation.

(3) Where the application is rejected, the Council shall duly give the reasons

for its decision.

(4) Applicants shall have a right of appeal before the Mutual Recognition of

Qualifications Appeals Board set up under article 7 of the Mutual Recognition of

Qualifications Act, 2002.

Provision of transitory services

Malta Government Gazette — Legal Notice 2004 257 — Mutual Recognition of Qualifications of Veterinary Surgeons Regulations, 2004

(1) The applicant shall provide transitory services in the field of veterinary

surgery, with the same rights and obligations as veterinary surgeons exercising their

profession in Malta; in particular he shall be subject to the rules of conduct of a

professional or administrative nature which apply in Malta.

(2) Where the Council adopts a measure pursuant to sub-regulations (3) and

(4) or becomes aware of facts which run counter to these provisions, it shall forthwith

inform the counterpart body in the Member State where the applicant is established.

(3) The Council may require the applicant to make a prior declaration

concerning the provision of his services where they involve a temporary stay in Malta.

The Council may in all cases require a veterinary surgeon established in another

Member State to supply a prior declaration of provision of services in the form of a

prescription or of veterinary certificates not involving the examination of animals.

(4) The Council requiring such prior declaration shall take the steps necessary

to provide the possibility that the declaration is made, where appropriate, for a series

of services provided within one and the same region and in respect of one or more

recipients within a given period of not more than one year.

Provided that in urgent cases, this declaration may be made as soon as possible after

the services have been provided.

(5) Pursuant to the provisions of this regulation, the Council may require the

applicant to supply one or more documents containing the following particulars -

(a)

the declaration referred to in sub-regulation (3);

(b)

a certificate stating that the applicant is lawfully pursuing the

activities in question in the Member State where he is

established;

(c)

a certificate that the applicant holds one or other of the

diplomas, certificates or other evidence of formal qualification

appropriate for the provision of the services in question and

referred to in these regulations.

B

(6) The documents specified in sub-regulation (5) may not be produced later

than 12 months after their date of issue.

(7) Where the Council temporarily or permanently deprives, in whole or in

part, a Maltese citizen or a citizen of a Member State established in Malta of the right

to pursue one of the activities of veterinary surgeons, it shall, as appropriate, ensure

the temporary or permanent withdrawal of the certificate referred to in paragraph

(5)(b).

Use of Professional Title

Malta Government Gazette — Legal Notice 2004 257 — Mutual Recognition of Qualifications of Veterinary Surgeons Regulations, 2004

Citizens of Member States who fulfil the conditions laid down in

regulations 3 and 5 shall use the professional title in Malta and the abbreviated form

thereof.

Information to applicants

Malta Government Gazette — Legal Notice 2004 257 — Mutual Recognition of Qualifications of Veterinary Surgeons Regulations, 2004

(1) The Council shall take the necessary measures to enable any applicants

to obtain information on veterinary legislation and on professional ethics existing in

Malta.

(2) Applicants may obtain the necessary information from the Malta

Qualifications Recognition Information Centre has been established under article 6 of

the Mutual Recognition of Qualifications Act, 2002. In the case of establishment in

Malta, the Council may require the applicants to contact this Centre.

(3) The Council shall ensure that, where appropriate, the applicants acquire, in

their own interest and in that of their clients, the linguistic knowledge necessary for

the pursuit of their profession in Malta.

Authenticity of evidence of formal qualifications

Malta Government Gazette — Legal Notice 2004 257 — Mutual Recognition of Qualifications of Veterinary Surgeons Regulations, 2004

Where legitimate doubt exists, the Council may require of the competent

authorities of a Member State confirmation of the authenticity of the diplomas,

certificates and other evidence of formal qualifications awarded in that Member State

and referred to in regulation 3 and as listed in Schedule I, and also confirmation of the

fact that the applicant has fulfilled all the training requirements laid down in

regulation 4.

Transitional measure

Malta Government Gazette — Legal Notice 2004 257 — Mutual Recognition of Qualifications of Veterinary Surgeons Regulations, 2004

(1) Upon the transitional measures given to Italy under article 1(5) of

European Union Council Directive 78/1027/EEC, each host Member State shall be

authorised to require of holders of diplomas, certificates or other evidence of formal

qualifications as veterinary surgeon awarded by Italy following training commenced

before 1 st January 1985 that their diplomas, certificates and other evidence of formal

qualifications be accompanied by a certificate stating that they have effectively and

lawfully been engaged in the activities of veterinary surgeon for at least three

consecutive years during the five years prior to the date of the issue of the certificate,

unless the said diploma, certificate or other evidence of formal qualifications is

accompanied by a certificate issued by the competent Italian authorities stating that it

attests to training in full compliance with the provisions of article 1(5) of European

Union Council Directive 78/1027/EEC and the Annex to the said Directive.

B

(2) In the case of nationals of the Member States whose diplomas, certificates

and other evidence of formal qualifications in veterinary medicine were awarded by,

or whose training started in, Estonia before the date of accession, Member States shall

recognise those diplomas, certificates and other evidence of formal qualifications in

veterinary medicine as being sufficient proof if accompanied by a certificate stating

that those Member States’ nationals have effectively and lawfully been engaged in the

activity in question in Estonia for at least 5 consecutive years during the seven years

prior to the date of issue of the certificate.

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