COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 12.12.1996 
COM(96) 638 final 
94/0305 (COD) 
OPINION OF THE COMMISSION 
pursuant to Article 189 b (2) (d) of the EC Treaty, 
on the European Parliament's amendments 
to the Council's common position regarding the 
proposal for a 
EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE 
amending Directive 93/16/EEC which facilitates the free movement of doctors and 
provides for the mutual recognition of their diplomas, certificates 
and other evidence of formal qualifications 

1. BACKGROUND 
(a) On 16 December 1994 the Commission presented to the Council a proposal 
for a Directive amending Council Directive 93/16/EEC of 5 April 1993 
which facilitates the free movement of doctors and provides for the mutual 
recognition of their diplomas, certificates and other evidence of formal 
qualifications (COM(94) 626 final).1 
(b) On 29 March 1995 the Economic and Social Committee delivered its 
opinion.2 
(c) On 29 June 1995 Parliament adopted at first reading a favourable opinion 
comprising 7 amendments to the Commission's proposal.3 
(d) On 27 November 1995 the Commission adopted pursuant to Article 189a(2) 
of the EC Treaty an amended proposal incorporating 5 of the 7 amendments 
(COM(95) 437 final).4 
(e) On 18 June 1996 the Council adopted a common position.5 
(f) On 16 July 1996 the Commission accepted the common position and 
presented its opinion to the European Parliament (SEC(96) 1367 final). 
(g) On 22 October 1996 the European Parliament adopted at second reading 
4 amendments to the common position. 
2. OBJECT OF THE PROPOSAL 
The object of the proposal is to introduce into Directive 93/16/EEC 
committee procedures that would allow flexible and regular updating of the lists of 
medical specialisations. Directive 93/16/EEC provides for the mutual recognition of 
these specialisations and sets the minimum length of the corresponding training 
periods. 
1 OJ No C 389, 31.12.1994, p. 19. 
2 OJ No C 133,31.5.1995, p. 10. 
3 OJ No C 183, 17.7.1995, p. 24. 
4 OJ No C 28, 1.2.1996, p. 7. 
5 OJC 248, 26.8.1996, p. 71. 
3. COMMISSION OPINION ON THE AMENDMENTS PROPOSED BY HE 
EUROPEAN PARLIAMENT 
Parliament adopted, at second reading, four amendments to the Council's common 
position. 
Amendments 1 and 4 are designed to transform the regulatory committee provided 
for in respect of changes to the length of training courses for medical specialisations 
into a management committee. 
The Commission had proposed a management committee (procedure of the type II 
b). 
In the recitals of its initial proposal, the Commission set out the reasons why 
two different committee procedures had been proposed. Although a 
straightforward advisory committee was deemed sufficient for changes to the lists of 
medical specialisations, a management committee was proposed for changes to the 
length of the relevant training courses because of the financial implications of any 
such changes. 
In its common position, the Council took the view that, in addition to financial 
aspects, account should be taken of the protection of public health and that, 
accordingly, a regulatory committee was necessary. 
The Commission stated in its communication on the common position that it was 
able to support the amendment resulting from the discussions that took place in the 
Council. 
Amendment 2 is intended to underline the fact that "by virtue of the Decision ... 
setting it up, the Advisory Committee on Medical Training must communicate to 
the Commission and to the Member States its opinions and recommendations in the 
framework of the application of Directive 93/16/EEC". This amendment takes up, in 
another form, amendment 3 [which would have inserted a new recital 6(b)] which 
had been tabled at the first reading but which was withdrawn before the plenary 
session. Moreover, this amendment does not have any direct link with the operative 
part of the directive and it creates certain ambiguity regarding the jurisdiction of the 
Advisory Committee which is not a committee within the meaning of Council 
Decision 87/373/EEC6. 
Amendment 3 calls upon the Commission to present its thinking on the question of 
the recognition of qualifications obtained in non-Community countries. This 
amendment is a modified version of amendment 2 [which would have inserted a 
new recital 6(a)] adopted at first reading. The Commission did not accept this 
amendment in its amended proposal, nor did the Council it in its common position. 
The amendment is totally unconnected to the contents of the proposal. 
In conclusion, the Commission considers that these four amendments should not be 
accepted. 
OJn°L 197 of 18.7.1987, p.33. 

ISSN 0254-1475 
COM(96) 638 final 
DOCUMENTS 
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