Mutual Recognition of Qualifications of Veterinary Surgeons Regulations, 2004
Table of Provisions (20)
Statutory Text (20 Articles)
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
(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
(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)
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.
(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
(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
(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.
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
(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
(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
(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
(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
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
(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
(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
(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
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
(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
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
(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.