S.I. No. 36/2004 - European Communities (General System For The Recognition of Higher Education Diplomas and Professional Education and Training and Second General System For The Recognition of Professional Education and Training) (Amendment) Regulations 2003

I, NOEL DEMPSEY, Minister for Education and Science, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving effect to Directive 2001/19/EC of the European Parliament and of the Council of 14 May 2001¹ , hereby make the following Regulations:

1. These Regulations may be cited as the European Communities (General System for the Recognition of Higher Education Diplomas and Professional Education and Training and Second General System for the Recognition of Professional Education and Training) (Amendment) Regulations 2003.

2. (1) In these Regulations—

“Principal Regulations” means the European Communities (General System for the Recognition of Higher Education Diplomas) Regulations 1991 ( S.I. No. 1 of 1991 );

“Regulations of 1996” means the European Communities (Second General System for the Recognition of Professional Education and Training) Regulations 1996 ( S.I. No. 135 of 1996 ).

PART 1

Amendment of Principal Regulations

3. Regulation 3(1) of the Principal Regulations is amended by—

(a) substituting in paragraph (a)(ii) of the definition of “diploma” the word “equivalent” for “similar”;

(b) substituting for the definition of “the Directive” the following—

“ ‘Directive’ means Council Directive No. 89/48/EEC of 21 December 1988² as amended by Directive 2001/19/EC of the European Parliament and of the Council of 14 May 2001¹ ;”; and

“ ‘regulated education and training’ means any education and training which—

(a) is directly geared to the practice of a defined profession, and

(b) comprises a post-secondary course of at least 3 years’ duration or of an equivalent duration part-time, at a university or higher education establishment or in another establishment of equivalent level and, where appropriate, the professional training, professional traineeship or professional practice required in addition to the post-secondary course, the structure and level of the professional training, professional traineeship or professional practice to be determined by the designated authority concerned;”.

4. Regulation 4 of the Principal Regulations is amended by inserting the following after paragraph (b)—

“The period of 2 years referred to in paragraph (b) shall not be required where the qualifications held by the applicant and referred to in that paragraph were awarded on completion of regulated education and training.”.

5. The Principal Regulations are amended by inserting the following after Regulation 5—

“5A. Where a designated authority intends to require an applicant to complete successfully an adaptation period or to pass an aptitude test in accordance with Regulation 5(b), it shall, before doing so, examine whether the knowledge acquired by the applicant in the course of his or her professional experience is such that it covers, fully or partly, the substantial difference referred to in that Regulation.”.

6. Regulation 8 of the Principal Regulations is amended by inserting the following after paragraph (2)(b)—

“(c) A designated authority shall accept as sufficient proof that an applicant satisfies a requirement that he or she is of good financial standing, a certificate showing that the requirement is met issued by a bank in the Member State of origin or the Member State which the applicant comes.

(d) A designated authority shall accept as sufficient proof that an applicant satisfies a requirement that he or she is insured against financial risks arising from his or her professional liability, a certificate stating that the insurer has complied with the laws and regulations in force in the State regarding the terms and extent of such insurance cover issued by an insurance undertaking of another Member State, provided that such certificate is presented to the designated authority concerned not later than 3 months from its date of issue.”.

PART 2

Amendment of Regulations of 1996

7. Regulation 2(1) of the Regulations of 1996, as amended by Regulation 2 of the European Communities (Second General System for the Recognition of Professional Education and Training) (Amendment) Regulations 2002 ( S.I. No. 434 of 2002 ), is amended by substituting for the definition of “the Directive” the following:

“ ‘Directive’ means Council Directive No. 92/51/EEC of 18 June 1992³ as amended by Commission Directive No. 94/38/EC of 26 July 1994⁴ , Commission Directive No. 95/43/EC of 20 July 1995⁵ , Commission Directive No. 97/38/EC of 20 June 1997⁶ , Commission Directive No. 2000/5/EC of 25 February 2000⁷ and Directive 2001/19/EC of the European Parliament and of the Council of 14 May 2001¹ ;”.

8. Regulation 4 of the Regulations of 1996 is amended by inserting the following after paragraph (2)—

“(3) Where a designated authority intends to require an applicant to complete successfully an adaptation period or to pass an aptitude test in accordance with paragraph (1)(b), it shall, before doing so, examine whether the knowledge acquired by the applicant in the course of his or her professional experience is such that it covers, fully or partly, the substantial difference referred to in that paragraph.”.

9. Regulation 5 of the Regulations of 1996 is amended by inserting the following after paragraph (4)—

“(5) Where a designated authority intends to require an applicant to complete successfully an adaptation period or to pass an aptitude test in accordance with paragraph (4), it shall, before doing so, examine whether the knowledge acquired by the applicant in the course of his or her professional experience is such that it covers, fully or partly, the difference between the diploma and certificate referred to in paragraph (1).”.

10. The Regulations of 1996 are amended by inserting after Regulation 7 the following:—

“7A Where a designated authority intends to require an applicant to complete successfully an adaptation period or to pass an aptitude test in accordance with Regulation 7(a), it shall, before doing so, examine whether the knowledge acquired by the applicant in the course of his or her professional experience is such that it covers, fully or partly, the substantial difference referred to in that Regulation.”.

11. Regulation 12 of the Regulations of 1996 is amended by inserting the following after paragraph (2)(b)—

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GIVEN under my Official Seal, on this day 27th January 2004.

NOEL DEMPSEY,

Minister for Education and Science.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

The purpose of these regulations is to give legal effect to Council Directive No. 2001/19/EEC of 14th May, 2001, insofar as it relates to the amendment of Council Directives 89/48/EEC and 92/51/EEC on the general system for the recognition of professional qualifications.

¹ O.J. No. L206, 31.7.2001, p. 1.

² O.J. No. L019, 24.1.1989, p. 16.

¹ O.J. No. L206, 31.7.2001, p. 1.

³ O.J. No. L209, 24.7.1992, p. 25.

⁴ O.J. No. L217, 23.8.1994, p. 8.

⁵ O.J. No. L184, 3.8.1995, p. 21.

⁶ O.J. No. L184, 12.7.1997, p. 31.

⁷ O.J. No. L054, 25.2.2000, p. 42.

¹ O.J. No. L206, 31.7.2001, p. 1.