Memorandum by the
Department for Education and Employment
1. The Committee has asked
the Department for Education and Employment to explain what Community
obligation or right is being implemented by regulation 2 of, and
Schedules 1, 2, 3 and 4 to, the above-named instrument, so as
to authorise its being made under section 2(2) of the European
Communities Act 1972.
2. These Regulations amend
the European Communities (Recognition of Professional Qualifications)
(Second General System) Regulations 1996 (S.I. 1996/2374)
("the principal Regulations"). The Committee's attention
is respectfully drawn to regulations 1(3) and 2(1) and the opening
paragraph of the Explanatory Note for confirmation on this point.
By those Regulations, made under section 2(2) of the European
Communities Act 1972, the United Kingdom sought to implement the
Council Directive 92/51/EEC of 18 June 1992 "on a second
general system for the recognition of professional education and
training to supplement Directive 89/48/EEC".
3. Article 13 of Directive
92/51/EEC requires the Member States to designate the competent
authorities empowered to receive applications and take the decisions
referred to in the Directive. Schedule 2 to the principal Regulations
did this in respect of all those competent authorities whose status
as such had been ascertained up to the point of making. Since
that point other competent authorities have been identified and
in order to fulfil the Community obligation to adopt all laws,
regulations and administrative provisions necessary to comply
with the Directive it was necessary to up-date the lists contained
there. This is the purpose of Schedule 2 to these Regulations.
The Department expects the dynamic nature of professional regulation
in the United Kingdom to give rise to further amendments in the
future with a view to ensuring full conformity with Directive
4. Schedules 3 and 4 to these
Regulations are consequential upon the additions made by Schedule
2, reflecting Articles 4, 7 and 12 of the Directive.
5. Schedule 1 to the principal
Regulations excludes from their application professions affected
by other statutory measures which have as their purpose, or as
part of their purpose, procedures for recognition of professional
qualifications obtained elsewhere in the European Union. The exclusion
serves to prevent duplication of rights of recognition. Schedule
1 to these Regulations up-dates the list to take account of changes
since the making of the principal Regulations.
6. Regulation 2(6) similarly
reflects changes that have occurred in relation to the recognition
of professional qualifications since the making of the principal
Regulations, with a view to securing continuing compliance with
7. Finally, regulation 2(2)
of these Regulations amends Regulation 25 of the principal Regulations
with the aim of improving implementation in the particular respect
of appeals against the decisions of competent authorities. Article
12(2) of the Directive requires a remedy to be available against
such decisions, or the absence thereof, before a court or tribunal
in accordance with the provisions of national law. Regulation
25 of the principal Regulations sought to provide such a remedy
but further consideration led the Department to conclude that
it may have failed fully to reflect the Community obligation of
non-discrimination against persons exercising a Community right.
The amendment made by regulation 2(2) secures compliance by providing
that any such person can avail themselves of whichever is the
more favourable in any respect of, on the one hand, the right
of appeal given by the principal Regulations, and on the other,
where it exists, the right of appeal given by the competent authority
to UK nationals.
28th January 1999