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The European Communities (Recognition of Professional Qualifications) (Second General System) (Amendment) Regulations 2005

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Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the European Communities (Recognition of Professional Qualifications) (Second General System) Regulations 2002 (“the 2002 Regulations”) (S.I.2002/2934). The 2002 Regulations give effect in the United Kingdom to Council Directive 92/51/EEC (O.J. No. L209, 24.7.92, p.25) on a second general system for the recognition of professional education and training to supplement Council Directive 89/48/EEC (O.J.No.L19, 24.1.89, p.16), as amended.

The amendments have four purposes:

First, they give effect in the United Kingdom to the list in Annex II (Permanent provisions, amendments to secondary law) under “2. Freedom of movement for persons”, sub paragraph , “C. Mutual Recognition of Professional Qualifications, I. General System” referred to in Article 20 of the Accession Treaty dated 16th April, 2003 (O.J. L236, 23.9.03, p.33), by way of amending Schedule 6, Part 1 of the 2002 Regulations.

Second, they also give effect in the United Kingdom to Commission Decision 2004/108/EC of 28th January 2004 (O.J.No.L.32, 5.2.04, p.15) which amends Annex C to Council Directive 92/51/EEC, by way of amending Schedule 6, Part 1 and 2 of the 2002 Regulations.

Thirdly, they give effect in the United Kingdom to the repeal of Directive 77/92/EEC, to facilitate the effective exercise of freedom of establishment and freedom to provide services in respect of the activities of insurance agents and brokers, by Council Directive 2002/92/EC, by way of omitting the entry for Directive 77/92/EEC in Schedule l, Part 2.

Finally, they update and reflect changes in regulated professions in the United Kingdom by including additional regulated professions and their designated authorities, removing and amending the name of regulated professions, as well as removing and adding entries in relation to appeal bodies, by way of amending Schedule 2, Part 1 and Schedule 3.

A Transposition Note is available and can be obtained from the Department for Education and Skills, Vocational and 14-19 Reform Division, Moorfoot, Sheffield S1 4PQ.

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