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The European Qualifications (Health and Social Care Professions and Accession of New Member States) Regulations 2004
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- 2004 No. 1947
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Explanatory Note
(This note is not part of the Regulations)
These Regulations implement in part Annex II to 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 (“the Annex”).
These Regulations implement the Annex insofar as it amends the Directives relating to dentists, pharmacists and doctors, and they partially implement the Annex insofar as it amends the Directives relating to nurses responsible for general care and midwives. The Regulations also amend relevant definitions in the Care Standards Act 2000 in relation to the profession of social worker. The Annex also amends Directives 89/48/EEC and 92/51/EEC which apply, among others, to chiropractors, osteopaths and the health professions regulated under the Health Professions Order 2001 and these Regulations partially implement these amendments. The date of accession of the new Member States is 1st May 2004.
The Regulations in particular amend existing legislation to make special provision for the recognition of qualifications awarded in the new Member States before 1st May 2004, or qualifications in respect of training commenced before that date. The Regulations also make special provision for the recognition of qualifications that were awarded in the territory of the former Czechoslovakia, the former Soviet Union or Yugoslavia.
In addition to implementing the Annex, these Regulations also make minor amendments to the way in which relevant Directives have been previously implemented. In particular, the Regulations provide in accordance with the judgment in Tennah-Durez, (C-110/01), for the removal of requirements for United Kingdom competent authorities to annotate certificates awarded to health care professionals where more than one year of the training undertaken to obtain a particular health care qualification takes place outside the EEA.
A transposition table is available on the following website: http://www.legislation. hmso.gov.uk/stat.htm. The transposition table gives further information about the implementation of the Annex insofar as it is implemented by these Regulations.
A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business.
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