S.I. No. 90/1980 - The European Communities (Recognition of Dental Qualifications) Regulations, 1980.

S.I. No. 90 of 1980.

THE EUROPEAN COMMUNITIES (RECOGNITION OF DENTAL QUALIFICATIONS) REGULATIONS, 1980.

The Minister for Health, in exercise of the powers conferred on him by section 3 of the European Communities Act 1972 (No. 27 of 1972), hereby makes the following Regulations:

1. These Regulations may be cited as the European Communities (Recognition of Dental Qualifications) Regulations, 1980.

2. These Regulations shall come into operation on the 1st day of April, 1980.

3. (1) In these Regulations—

"Directive No. 78/686/EEC" means the Directive so numbered adopted by the Council of the European Communities on 25 July 1978 and published on the Official Journal of the European Communities Volume 21 No. L233, dated 24 August 1978;

"Directive No. 78/687/EEC" means the Directive so numbered adopted by the Council of the European Communities on 25 July, 1978 and published in the Official journal of the European Communities, volume 21, No. L233. dated 24 August 1978;

"The Board" means the Dental Board established under section 3 of the Dentists Act, 1928 (No. 25 of 1928).

(2) In these Regulations, words and phrases shall have the same meaning as in the Directive referred to in paragraph (1).

4. These Regulations shall apply to nationals of Member States of the European Communities who possess diplomas, certificates and other evidence of formal qualifications in dentistry awarded in a Member State and to such nationals who possess diplomas, certificates and other evidence of formal qualifications in specialised dentistry awarded in a Member State.

5. The Dentists Act, 1928 , is hereby amended—

( a ) by the addition to section 1 of the following definitions—

"the expression 'Directive No. 78/686/EEC means the Directive so numbered adopted by the Council of the European Communities on 25 July 1978 and published in the Official Journal of the European Communities Volume 21 No. L233 dated 24 August 1978;

The expression 'Directive No. 78/6871 EEC' means the Directive so numbered adopted by the Council of the European Communities on 25 July 1978 and published in the Official Journal of the European Communities Volume 21 No. L233 dated 24 August 1978".

( b ) by the addition of the following paragraphs to subsection (1) of section 27—

" ( c )every person, being a national of a Member State of the European Economic Community, who at the time of such application holds a diploma, certificate or other evidence of formal qualification in dentistry awarded in accordance with Article 1 of Directive No. 78/687/EEC and referred to in Articles 2 and 3 of Directive No. 78/686/EEC, and

( d ) every person, being a national of a Member State of the European Economic Community, who at the time of such application holds a diploma, certificate or other evidence of formal qualification in dentistry referred to in paragraph 1 of Article 7 of Directive No. 78/686/EEC and in respect of whom a certificate has been issued by a competent authority designated in accordance with Article 22 of Directive No. 78/686/EEC, stating that he has effectively and lawfully been engaged in the activities of a dentist for at least three consecutive years during the five years prior to the date of issue of the certificate".

6. The following bodies are hereby designated, pursuant to Article 22 of Directive No. 78/686/EEC to be the competent examining bodies in the State for the purposes of paragraph (e) of Article 3 of that Directive and, on granting primary qualifications, these bodies shall satisfy themselves that the requirements for such qualifications set out in Article 1 of Directive No. 78/687/EEC have been complied with—

7. The Board is hereby designated, in accordance with Article 22 of Directive No. 78/686/EEC, to be the competent authority or body in the State for the following purposes of that Directive—

( a ) to issue the certificates of specialist dentist listed in Article 5 of that Directive, in accordance with Articles 2 and 3 of Directive No. 78/687/EEC;

( b ) to receive the diplomas, certificates and other evidence of formal qualifications in specialised dentistry, listed in Article 5 of that Directive, awarded in accordance with Articles 2 and 3 of Directive No. 78/687/EEC by the competent authorities or bodies designated for this purpose by the other Member States;

( c ) to issue and receive—

(i) information under paragraph 3 of Article 6;

(ii) certificates under paragraphs 1 and 2 of Article 7;

(iii) certificates under paragraph 1 of Article 9;

(iv) documents under paragraph 2 of Article 9;

(v) information under paragraph 3 of Article 9;

(vi) information under paragraphs 1 and 2 of Article 10;

(vii) certificates under Article 11;

(viii) information under paragraph 1 of Article 15;

(ix) declarations under paragraph 2 of Article 15;

(x) certificates under paragraph 3 of Article 15;

(xi) information under Article 21.

8. The Board—

( a ) shall be the competent authority in the State in respect of the requirements to be fulfilled under paragraph 3 of Article 9 and under paragraph 2 of Article 10 of Directive No. 78/686/EEC:

( b ) shall ensure the confidentiality of any information issued or received under Articles 9 and 10 of Directive No. 78/686/EEC.

9. The Board is hereby designated, pursuant to paragraph 3 of Article 2 of Directive No. 78/687/EEC, to be the competent authority in the State to issue diplomas, certificates or other evidence of formal qualifications in specialised dentistry referred to in paragraph 1 of that Article and in issuing such diplomas, qualifications or other evidence, the Board shall satisfy itself that the requirements of Article 2, of that Directive have been complied with.

10. The Board, acting as the competent authority for the purposes of Article 5 of Directive No. 78/686/EEC—

( a ) shall record particulars of the certificates of specialist dentist issued by the Board and of diplomas, certificates and other evidence of formal qualifications in specialised dentistry issued by the other Member States and received by the Board, and

( b ) shall make such record available for public inspection at all reasonable times.

11. In the case of nationals of Member States whose diplomas, certificates and other evidence of formal qualifications in specialised dentistry do not satisfy the minimum training requirements under Articles 2 and 3 of Directive No. 78/687/EEC, the Board shall recognise as sufficient proof the diplomas, certificates and other evidence of formal qualifications in specialised dentistry awarded by the Member States before 27 January 1980 where such diplomas, certificates and other evidence of formal qualifications are accompanied by a certificate issued by the competent authorities or bodies of the Member State of origin or of the Member State from which the foreign national comes, stating that he has been engaged in the activity in question as a specialist for a period equal to twice the difference between the length of specialised training of the Member State of origin or of the Member State from which the foreign national comes and the minimum training period referred to in Directive No. 78/687/EEC where these periods are not equal to the minimum training periods laid down in Article 2 of Directive No. 78/687/EEC.

12. In the case of the provision of services in the State pursuant to Article 15 of Directive No. 78/686/EEC by a national of a Member State who, while not established in dental practice in the State, is so established in another Member State and possesses a diploma, certificate or other evidence of formal qualification in dentistry referred to in Article 2 of that Directive, the following provisions shall apply—

( a ) the person concerned—

(i) shall be exempt from the requirement to be registered in the Register of Dentists established under section 23 of the Dentists Act 1928 as a condition for the carrying out of functions restricted to dentists by that Act, and

(ii) shall for the purposes of the Misuse of Drugs Act, 1977 (No. 12 of 1977) and any Regulations made thereunder, be regarded as a registered dentist;

( b ) the Board shall require the person concerned to make a prior declaration to the Board in the form to be determined by the Board, concerning the provision of his services where they involve a temporary stay in the State; in urgent cases this declaration may be made as soon as possible after the services have been provided;

( c ) the Board shall require the person concerned to supply to it one or more documents, which shall have been issued within the previous twelve months, containing the following particulars:

(i) the declaration referred to at (b);

(ii) a certificate stating that the person concerned is lawfully pursuing the activities in question in the Member State where he is established, and

(iii) a certificate that the person concerned holds one or other of the diplomas, certificates or other evidence of formal qualifications appropriate for the provision of the services in question and referred to in that Directive;

( d ) where the Board deprives a national of the State or a national of another Member State established in the State of the right to pursue an activity referred to in Article 1 of the Directive, the Board shall ensure the withdrawal of any certificate of the kind referred to at (ii) of paragraph (c) issued by it in respect of that national.

13. The Board may require of the competent authorities of another Member State confirmation of the authenticity of the diplomas, certificates and other evidence of formal qualifications issued in that other Member State and referred to in Chapters II to IV of Directive No. 78/686/EEC, and also confirmation of the fact that the person concerned has fulfilled all the training requirements laid down in Directive No. 78/686/EEC.

14. The Board may charge such fees as it shall determine from time to time, with the approval of the Minister for Health, for services rendered in its capacity as the designated competent authority of body under Article 7 of these Regulations.

GIVEN under the Official Seal of the Minister for Health this 31st day of March, 1980.

DR. MICHAEL WOODS,

Minister for Health.

EXPLANATORY NOTE.

Two Directives relating to the dental profession were adopted by the Council of the European Communities on 25 July 1978. The Directives require Member States to bring into force measures necessary to comply with their provisions. This is the purpose of the Regulations.

The first Directive (No. 78/686/EEC) concerns the mutual recognition of dental qualifications awarded in the Member States to nationals of the Member States and includes measures to facilitate the exercise of the right of persons holding such qualifications to establish themselves and to provide services anywhere in the Community.

The second Directive (No. 78/687/EEC) is concerned with setting and maintaining specified minimum standards of dental training.

Articles 1 to 4 of the Regulations deal with definitions and other technical matters.

Article 5 adapts the provisions of section 27 of the Dentists Act, 1928 so as to give effect to the requirements of Article 2 of the first Directive which obliges the State to recognise the primary dental qualifications awarded by other Member States to nationals of Member States.

Article 6 designates the bodies to be the examining bodies responsible in respect of basic dental qualifications and the associated standards of training.

Articles 7 and 8 designate the Dental Board to be the competent authority or body in the State for the purposes of the functions listed in those Articles.

Article 9 designates the Board to be the competent body to issue certificates in specialised dentistry and to be responsible for seeing that the minimum standards specified in the Directives have been complied with,

Article 11 provides for transitional obligations in respect of certain qualifications awarded in Member States prior to the coming into operation of the Directives.

Article 12 deals with the requirements applicable where a dentist who is established in practice in a Member State goes to another Member State to provide a service; it is essentially a practical issue only in certain border areas on the European mainland but provision must be made in case it should happen here.

Article 13 provides a means for the resolution of doubts about qualifications.