The European Qualifications (Health Care Professions) Regulations 2003

Amendment of European Primary and Specialist Dental Qualifications Regulations 1998 U.K.

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

(2) In regulation 2 (interpretation), in paragraph (1)—

(a) in the definition of—

““the Dental Training Directive”, after “Act”, add

“and Directive 2001/19/EC”

; “EEA”, after “Area”, add

“and shall be read as including Switzerland ”

; “EEA Agreement”, after “1993”, add

“and as amended by Decision of the EEA Joint Committee No. 84/2002 of 25th June 2002 ”M2

; “EEA State”, after “Agreement”, add

“or Switzerland ”

; “the Recognition Directive”, for “and the Accession of Austria, Finland and Sweden Act”, substitute

“, the Accession of Austria, Finland and Sweden Act, Directive 2001/19/EC and the Swiss Agreement ””; and

(b) after the definition of “EEA State”, insert—

““exempt person” means a person—

(a)

who is a national of an EEA State who is exercising an enforceable Community right; or

(b)

is not a national of an EEA State but is, by virtue of a right conferred by article 11 of Council Regulation (EEC) No. 1612/68 or any other enforceable Community right, entitled to be treated, for the purposes of access to the profession of dentistry, no less favourably than a national of such a State;”.

(3) In regulation 2(3), omit “and” the end of sub-paragraph (b), and after sub-paragraph (c) add—

“; and

(d) “the Swiss Agreement” means the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons, signed at Luxembourg on 21st June 1999.”.

(4) In paragraph (2) of regulation 4 (the competent authority)—

(a) in sub-paragraph (a)(ii), for the words “training already undertaken abroad”, substitute “ additional training already undertaken and professional experience etc. already acquired ”;

(b) for sub-paragraph (b)(ii), substitute—

“(b)  

(ii) article 6(3) (requirement to assess content and duration of training, to take into account professional experience etc. and to communicate what additional training is required);”;

(c) after sub-paragraph (b)(ii), insert—

“(iia) article 6(4) (requirement to give a decision within four months of receipt of an application together with full supporting documentation);”.

(5) In regulation 9 (eligible specialists)—

(a) for paragraph (3), substitute—

“(3) In the case of a person falling within paragraph (2) who is an exempt person the GDC shall, when considering whether it is satisfied as mentioned in paragraph (2)(a) or (b), take into account—

(a) all his dental qualifications, knowledge or experience, wherever acquired, which are relevant to its determination; and

(b) where the person has specialist qualifications in orthodontics or (as the case may be) oral surgery awarded outside the EEA which have been accepted by another EEA State as qualifying him to practise as a specialist in that State, that acceptance.”; and

(b) after paragraph (4), add—

“(5) In the case of an exempt person, the GDC shall, within the specified period, give the applicant notice—

(a) of its decision as to whether it is satisfied that he is an eligible specialist in accordance with paragraph (2), (3) or (4); and

(b) where it is not so satisfied, of the reasons for its decision and of the applicant’s right to appeal under regulation 14(1)(b).

(6) Failure to notify an applicant who is an exempt person of a decision within the specified period shall be treated as a decision from which an applicant may appeal under regulation 14(1)(b).

(7) In paragraphs (5) and (6), “the specified period” means—

(a) the period of three months beginning with the date on which the GDC receives the application together with full supporting documentation; or

(b) such longer period as is permitted by article 13 of the Recognition Directive.”.

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

(a) in paragraph (1)(a), for “article 5(1) (orthodontics) or (as the case may be) article 5(2) (oral surgery) of”, substitute “ Annex B, Part 1 (orthodontics) or (as the case may be) Annex B, Part 2 (oral surgery) to ”;

(b) in paragraph (1)(c)(ii) and (iii) and paragraph (2)(b), for “article 5(1) or (2) of”, substitute “ Annex B, Part 1 or Part 2, to ”;

(c) in paragraph (3), omit “or” at the end of sub-paragraph (c), and after sub-paragraph (c) insert—

“(ca) 1st June 2002, in the case of Switzerland; or”.

(7) For regulation 13 (other specialties), substitute—

“13.— (1) If the GDC exercises its powers under section 26(3) and (4) of the Act so as to prescribe specialist titles or provide for specialist lists in any branch of dentistry other than orthodontics or oral surgery, it shall secure that—

(a) in assessing the entitlement of an exempt person—

(i) to use the specialist title in question; or

(ii) to have his name entered in any specialist list relating to that branch of dentistry; or

(b) in assessing what (if any) further training he must undergo for the purpose of obtaining a qualification in that branch of dentistry,

it takes into account the matters mentioned in paragraph (2).

(2) The matters are—

(a) if a specialist qualification in the branch of dentistry in question awarded to that person outside the EEA has been accepted by another EEA State as qualifying him to practise as a specialist in that State, that acceptance; and

(b) all his dental qualifications, knowledge or experience, wherever acquired, which are relevant to its determination.”.

(8) In regulation 16(2)(g) (the competent authorities), for “EEC” substitute “ EEA ”.

(9) For Schedule 1 (specialist dental qualifications awarded in EEA States other than the United Kingdom in orthodontics and oral surgery), substitute the Schedule 1 set out in Schedule 2, Part II to these Regulations.

(10) In Schedule 2 (minimum training requirements for training leading to the award of primary dental qualifications in the United Kingdom—text of Article 1 of and the Annex to the Dental Training Directive), in paragraph 1 for “Article 3 of” substitute “ Annex A to ”.

Marginal Citations

M1 S.I. 1998/811.

M2 O.J. No. L 266, 3.10.2002, p.36. The Agreement has been amended by other Decisions not relevant to these Regulations.