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

The European Specialist Medical Qualifications Order 1995

9.—(1) Until its repeal by virtue of article 31(5) of, and Part 2 of Schedule 10 to, the General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003, the European Specialist Medical Qualifications Order 1995 is to have effect as if it were amended in accordance with this regulation.

(2) In article 2 (interpretation)—

(a) in the definition of “the Directive”, in sub-paragraph (b)—

(i) at the end of sub-paragraph (ii), for “, and”, substitute “;”,

(ii) in sub-paragraph (iii), for “1999.”, substitute “1999 , and”, and

(iii) after sub-paragraph (iii), insert—

“(iv) 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;”;

(b) in the definition of “EEA Agreement”, for the words “and 84/2002”, substitute “, 84/2002” and at the end insert “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(1)”; and

(c) insert the following definition in the appropriate place—

““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 article 6 (certificates of completion of specialist training), in paragraph (5), omit from “and where more than one year” to the end of that paragraph.

(4) In article 8A(1)(2), sub-paragraphs (a) and (b), for “paragraph (3)” in both places where it occurs, substitute “article 8(3)”.

(5) In article 10 (recognised specialist medical qualifications)—

(a) after paragraph (1)(e), insert—

“(f) a specialist qualification in a specialty listed in Part I of Schedule 2 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),

(ii) is accompanied by an attestation by the competent authorities of the EEA State specified in the corresponding entry in column (c) to the effect that that qualification has, on its territory, the same legal validity as regards access to and practice of specialised medicine as a qualification listed in Schedule 4 of this Order in respect of that State in the relevant specialty, and

(iii) is accompanied by a certificate issued by those authorities that the holder has effectively and lawfully been engaged in the activity in question in that State for at least three consecutive years during the five years prior to the date of issue of that certificate.

Column (a)	Column (b)	Column (c)
Former Czechoslovakia	1st January 1993	Czech Republic
Former Czechoslovakia	1st January 1993	Slovakia
Former Soviet Union	20th August 1991	Estonia
Former Soviet Union	21st August 1991	Latvia
Former Soviet Union	11th March 1990	Lithuania
Yugoslavia	25th June 1991	Slovenia”

(b) in paragraph (3)—

(i) omit “or” at the end of sub-paragraph (da), and

(ii) after sub-paragraph (da) insert—

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

(6) In the table in Schedule 4 (specialist qualifications awarded in EEA States other than the United Kingdom)—

(a) in the entry for—

(1)

Cm. 6171.

(2)

Article 8A was inserted by S.I. 2003/3148.