S.I. No. 393/2008 - European Communities (Directive 2006/100/Ec) (Recognition of Bulgarian and Romanian Medical Qualifications) Regulations 2008


S.I. No. 393 of 2008

EUROPEAN COMMUNITIES (DIRECTIVE 2006/100/EC) (RECOGNITION OF BULGARIAN AND ROMANIAN MEDICAL QUALIFICATIONS) REGULATIONS 2008

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 10th October, 2008.

I, MARY HARNEY, Minister for Health and Children, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) as amended by the European Communities Act 2007 (No. 18 of 2007), and for the purpose of giving effect to Council Directive 2006/100/EC of 20 November 2006 1 in so far as that directive relates to doctors, hereby make the following Regulations—

1. (1) These Regulations may be cited as the European Communities (Directive 2006/100/EC) (Recognition of Bulgarian and Romanian Medical Qualifications) Regulations 2008.

(2) These Regulations shall come into operation on the date they are signed by the Minister.

2. In these Regulations—

“Act of 2007” means the Medical Practitioners Act 2007 (No. 25 of 2007), as amended by the Health (Miscellaneous Provisions) Act 2007 (No. 42 of 2007);

“Directive 2005/36/EC” means Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 2 ;

“Directive 2006/100/EC” means Council Directive 2006/100/EC of 20 November 2006;

“Minister” means the Minister for Health and Children.

3. Section 2 of the Act of 2007 is amended by substituting for the definition of “Directive 2005/36/EC” of the following:

“ ‘Directive 2005/36/EC’ means Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications, as amended by Council Directive 2006/100/EC of 20 November 2006 adapting certain Directives in the field of freedom of movement of persons, by reason of the accession of Bulgaria and Romania;”.

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GIVEN under my Official Seal,

26 September 2008

MARY HARNEY.

Minister for Health and Children.

EXPLANATORY NOTE

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

These Regulations amend the definition of Directive 2005/36/EC of the European Parliament and of the Council which is provided for in section 2 of the Medical Practitioners Act 2007 , to include the amendment of that Directive by Council Directive 2006/100/EC.

The effect of this amendment is to allow for the recognition of medical qualifications of Romanian and Bulgarian medical practitioners by the Medical Council under the provisions of the 2007 Act.

1 OJ L 363, 20.12.2006, p.141.

2 OJ L 255, 30.09.2005, p.22.