COUNCIL RESOLUTION of 24 July 1997 on migrant doctors within the Community (97/C 241/01)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

1. Whereas Community action is aimed at the abolition of obstacles to the free movement of persons and services, including obstacles for doctors and the services provided by them;

2. Whereas Community action must also contribute towards bringing about a high level of health protection as well as strengthening consumer protection;

3. Having regard to Council Directive 93/16/EEC of 5 April 1993 to facilitate the free movement of doctors and the mutual recognition of their diplomas, certificates and other evidence of formal qualifications (1);

4. Whereas Directive 93/16/EEC forms part of the Agreement on the European Economic Area (2);

5. Taking note of the Conclusions of the Symposium on 'Quality of Medical Practice and Professional Misconduct in the European Union`, which took place in Amsterdam on 20 January 1997 under the auspices of the Netherlands Presidency;

6. Noting that there have been cases where doctors who had been subject to disciplinary tribunal proceedings or sentenced by a criminal court or otherwise sanctioned in one Member State for professional misconduct and/or negligence, or had been suspended pending legal proceedings in one Member State, nonetheless continued to exercise their profession without hindrance in another Member State;

7. Whereas this might have harmful consequences for public health;

8. Whereas also, in cases where doctors who in some other way have been restricted in their medical practice by the competent authority of one Member State may continue to exercise their profession without hindrance in another Member State; whereas the right of the patient to proper treatment may be called into question;

9. Noting that under Article 12 (1) of Directive 93/16/EEC, the Member State of origin or the Member State from which the foreign national comes should forward to the host Member State all necessary information regarding measures of disciplinary action of a professional or administrative nature taken in respect of the person concerned or criminal penalties imposed on him when pursuing his profession in the Member State of origin or in the Member State from which he came;

10. Whereas it is of vital importance as a protection against professional negligence and/or misconduct on the part of doctors that the competent authority in the host Member State maintain close contact with the competent authorities in the Member State of origin or the Member State from which the doctor came and vice versa;

11. Whereas Article 43 of Directive 93/16/EEC provides that where a Member State encounters major difficulties in certain fields when applying that Directive, the Commission shall examine these difficulties in conjunction with that State and shall request the opinion of the Committee of Senior Officials on Public Health set up by Decision No 75/365/EEC (3);

12. Whereas in principle difficulties may arise or may already have arisen for all Member States in the area referred to in this Resolution,

REQUESTS THE COMMISSION:

- to examine further the application in the Member States of the provisions to facilitate the effective exercise of the right of establishment and freedom to provide services in respect of the activities of doctors within the framework of Directive 93/16/EEC;

- to check, in this respect, whether there is a necessity for an alignment of the provisions regarding the freedom to provide services with the relevant provisions regarding the right of establishment in Chapter VI of Directive 93/16/EEC;

- to study the possibilities for optimizing the information exchange under Directive 93/16/EEC.

(1) OJ No L 165, 7. 7. 1993, p. 1. Directive as amended by the 1994 Act of Accession.

(2) OJ No L 1, 3. 1. 1994, p. 1.

(3) OJ No L 167, 30. 6. 1975, p. 19. Decision as last amended by Decision 80/157/EEC (OJ No L 33, 11. 2. 1980, p. 15).