The European Qualifications (Health and Social Care Professions and Accession of New Member States) Regulations 2004

The European Primary and Specialist Dental Qualifications Regulations 1998U.K.

12.—(1) The European Primary and Specialist Dental Qualifications Regulations 1998 M1 shall be amended in accordance with this regulation.

(2) In regulation 2 (interpretation)—

(a)in paragraph (1), in the definition of—

(i)“EEA agreement”, insert at the end “ and by the Agreement on the participation of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic signed at Luxembourg on 14th October 2003 M2 ”,

(ii)“the Dental Training Directive”, for “and Directive 2001/19/EC” substitute “ , Directive 2001/19/EC and the Act of Accession 2003; ”, and

(iii)“the Recognition Directive”, for “and the Swiss Agreement”, substitute “ , the Swiss Agreement and the Act of Accession 2003; ”; and

(b)in paragraph (3)—

(i)after sub-paragraph (d) insert—

“(e)“the Act of Accession 2003” means the Act annexed to the Treaty relating to the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the Adjustments to the Treaties on which the European Union is founded signed at Athens on 16th April 2003.”, and

(ii)insert the following definition in the appropriate alphabetical position—

““national”, in relation to an EEA State, means the same as it does for the purposes of the Community Treaties but does not include a person who by virtue of Article 2 of Protocol No.3 (Channel Islands and Isle of Man) to the Treaty of Accession is not to benefit from Community provisions relating to the free movement of persons and services”.

(3) In regulation 6 (certificates of completion of specialist training), omit paragraph (7).

(4) In regulation 10 (recognised specialist dental qualifications)—

(a)in paragraph (1), after sub-paragraph (d) insert—

“(e)a qualification in orthodontics or (as the case may be) oral surgery which—

(i)was awarded by, or which relates to training started in, the territory specified in column (a) of the table below before the date specified in the corresponding entry in column (b), and

(ii)is accompanied by—

(aa)an attestation by the competent authorities of the EEA State specified in the corresponding entry in column (c) to the effect that the qualification has, on its territory, the same legal validity as the qualifications listed in respect of that State in Schedule 1 to this Order as regards the access to and practice of orthodontics or (as the case may be) oral surgery, and

(bb)a certificate from the competent authorities of that State which states that the holder has effectively and lawfully practised orthodontics or (as the case may be) oral surgery in that State for at least three consecutive years during the five years prior to the date of issue of that certificate.

(b)in paragraph (3)—

(i)after sub-paragraph (ca), insert—

“(cb)1st May 2004, in the case of a qualification granted in the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia or Slovakia; or”; and

(ii)omit “or” after sub-paragraph (ca).

(5) In Schedule 1 (specialist dental qualifications awarded in EEA States other than the United Kingdom in orthodontics and oral surgery)—

(a)in Part I (orthodontics)—

(i)in the entry for Belgium—

(aa)in column 2, for “—”, substitute “ Bijzondere beroepstitel van tandarts specialist in de orthodontie/Titre professionnel particulier de dentiste spécialiste en orthodontie ”; and

(bb)in column 3, for “—”, substitute “ Minister bevoegd voor Volksgezondheit/Ministre de la Santé publique ”,

(ii)in the entry for Greece, for the last word in column 2, substitute“Ορθοδοντικής”and

(iii)in the appropriate alphabetical position insert—

(b)in Part II (oral surgery)

“(i)in the appropriate aphabetical position insert—

(ii)in the entry for Greece, in column 2, for the last word substitute “Γναθοχειρουργικής ”