S.I. No. 268/1994 - European Communities (European Economic Area) (Recognition of Qualifications in Veterinary Medicine) Regulations, 1994.


S.I. No. 268 of 1994.

EUROPEAN COMMUNITIES (EUROPEAN ECONOMIC AREA) (RECOGNITION OF QUALIFICATIONS IN VETERINARY MEDICINE) REGULATIONS, 1994.

I, JOE WALSH, Minister for Agriculture, Food and Forestry, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), as adapted by section 4 of the European Communities (Amendment) Act, 1993 (No. 25 of 1993), and for the purpose of giving effect to the Decision of the Council and the Commission No. 94/1/ECSC, EC of 13 December, 19931 and the decision of the Council and the Commission No. 94/2/ECSC, EC of the said 13 December2 in so far as they relate to the adaptation of Council Directive No. 78/1026/EEC of 18 December, 19783 and Council Directive No. 78/1027 of the said 18 December4 by Article 30 and Annex VII C 12 and 13 of the agreement on the European Economic Area5, as amended by Article 20 of the Protocol Adjusting the Agreement on the European Economic Area6, hereby make the following regulations:

1 O.J. No. L.1, 3/1/1994, p. 1.

2 O.J. No. L.1, 3/1/1994, p. 571.

3 O.J. No. L.326, 23/12/1978, p. 1.

4 O.J. No. L.362, 23/12/1978, p. 7.

5 Agreement on the European Economic Area signed in Oporto on the 2nd day of May, 1992, as adjusted by the protocol to that agreement done at Brussels on the 17th day of March, 1993.

6 Protocol adjusting the Agreement on the European Economic Area done at Brussels on 17th March, 1993.

1. (1) These Regulations may be cited as the European Communities (European Economic Area) (Recognition of Qualifications in Veterinary Medicine) Regulations, 1994.

(2) The European Communities (Recognition of Qualifications in Veterinary Medicine) Regulations, 1980 to 1992 and these Regulations may be cited together as the European Communities (Recognition of Qualifications in Veterinary Medicine) Regulations, 1980 to 1994.

2. In these Regulations "the Principal Regulations" means the European Communities (Recognition of Qualifications in Veterinary Medicine) Regulations, 1980 ( S.I. No. 391 of 1980 ).

3. (1) Section 31 of the Veterinary Surgeons Act, 1931 (No. 36 of 1931), as amended by Regulation 4 (1) of the Principal Regulations is hereby amended by the substitution of the following for paragraph (c) of subsection (1):

"(c) every person who, being a national of a Member State of the European Economic Community or the European Free Trade Association, other than a national of the Swiss Confederation, at the time of such application, holds a diploma or a certificate or as regards whom there is evidence of formal qualification referred to in Article 1 of Directive No. 78/1027/EEC or Article 2 of Directive No. 78/1026/EEC, and".

(2) Paragraph (c), as amended by paragraph (1) of this Regulation, and paragraph (d) of section 31 of the Veterinary Surgeons Act, 1931 , inserted by Regulation 4 (1) of the Principal Regulations, as extended by the provisions of Regulation 3 of the European Communities (Recognition of Qualifications in Veterinary Medicine) (Amendment) Regulations, 1982 ( S.I. No. 323 of 1982 ), Regulation 3 of the European Communities (Recognition of Qualifications in Veterinary Medicine) (Amendment) Regulations, 1987 ( S.I. No. 159 of 1987 ), and Regulation 3 of the European Communities (Recognition of Qualifications in Veterinary Medicine) (Amendment) Regulations, 1992 ( S.I. No. 253 of 1992 ), shall be construed and have effect having regard and subject to the provisions of:

Article 30 and Annex VII C 12 and 13 of the European Economic Area Agreement7 as amended by Article 20 of the Protocol Adjusting the Agreement on the European Economic Area8.

7 Agreement on the European Economic Area signed in Oporto on the 2nd day of May, 1992, as adjusted by the protocol to that agreement done at Brussels on the 17th day of March, 1993.

8 Protocol adjusting the European Economic Area Agreement done at Brussels on 17th March, 1993.

(3) The reference in Regulation 4 (2) of the Principal Regulations to paragraph (1) shall be construed as including a reference to paragraph (2) of this Regulation.

4. (1) The reference in Regulation 3 of the Principal Regulations to Directive No. 78/1026/EEC shall be construed as a reference to that Directive as amended and extended by Article 30 and Annex VII C 12 of the European Economic Area Agreement as amended by Article 20 of the Protocol Adjusting the Agreement on the European Economic Area.

(2) The reference in Regulation 3 of the Principal Regulations to Directive No. 78/1027/EEC shall be construed as a reference to that Directive as extended by Article 30 and Annex VII C 13 of the European Economic Area Agreement.

GIVEN under my Official Seal, this 31st day of August, 1994.

JOE WALSH,

Minister for Agriculture, Food

and Forestry.

EXPLANATORY NOTE.

These Regulations provide for the recognition of veterinary qualifications held by nationals of Member States of the European Free Trade Association which are contracting parties to the European Economic Area Agreement for the purposes of Council Directives 78/1026/EEC and 78/1027/EEC in relation to the rights of establishment of veterinary surgeons in the European Community.