A4-0269/96

Decision on the common position adopted by the Council with a view to adopting a European Parliament and Council Directive amending Directive 93/16/EEC to facilitate the free movement of doctors and the mutual recognition of their diplomas, certificates and other evidence of formal qualifications (C4-0381/96 - 94/0305(COD))

(Codecision procedure: second reading)

The European Parliament,

- having regard to the common position of the Council, C4-0381/96 - 94/0305(COD) ((OJ C 248, 26.8.1996, p. 71.)),

- having regard to its opinion at first reading ((OJ C 183, 17.7.1995, p. 24.)) on the Commission proposal to Parliament and the Council (COM(94)0626) ((OJ C 389, 31.12.1994, p. 19.)),

- having regard to the amended Commission proposal (COM(95)0437) ((OJ C 28, 1.2.1996, p. 7.)),

- having regard to Article 189b(2) of the EC Treaty,

- having regard to Rule 72 of its Rules of Procedure,

- having regard to the recommendation for second reading of the Committee on Legal Affairs and Citizens' Rights (A4-0269/96),

1. Amends the common position as follows;

2. Calls on the Commission to support Parliament's amendments in the opinion it is required to deliver pursuant to Article 189b(2)(d) of the EC Treaty;

3. Calls on the Council to approve all Parliament's amendments, amend its common position accordingly and definitively adopt the act;

4. Instructs its President to forward this decision to the Council and the Commission.

(Amendment 1)

Recital 7

>Original text>

Whereas it is appropriate that in assisting the Commission to implement those changes to Articles 26 and 27, the said Committee should be acting as a regulatory committee,

>Text following EP vote>

Whereas it is appropriate that in assisting the Commission to carry out those changes to Articles 26 and 27, the said Committee should be acting as a management committee,

(Amendment 2)

Recital 7a (new)

>Text following EP vote>

Whereas, by virtue of the Council Decision setting it up (75/364/EEC)1, 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;

1 OJ L 167, 30.6.1975, p. 17.

(Amendment 3)

Recital 7b (new)

>Text following EP vote>

Whereas the problem of nationals of Member States who hold qualifications awarded in third countries is particularly acute in the context of the application of the sectoral directives; whereas, in line with the Commission's report on the state of application of the general system of recognition of higher diplomas, reflection on this subject is also necessary with regard to the medical professions;

(Amendment 4)

ARTICLE 1(4)

Article 44a(3), 2nd, 3rd and 4th subparagraphs (Directive 93/16/EEC)

>Original text>

The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the committee.

If the measures envisaged are not in accordance with the opinion of the Committee, or if no opinion is delivered, the Commission shall without delay submit to the Council a proposal relating to the measures to be taken. The Council shall act by a qualified majority.

If, on the expiry of two months from the date of referral to the Council, the Council has not acted, the proposed measures shall be adopted by the Commission.

>Text following EP vote>

The Commission shall adopt measures which shall apply immediately. However, if these measures are not in accordance with the opinion of the Committee, they shall be communicated by the Commission to the Council forthwith. In that event:

(a) the Commission shall defer application of the measures it has decided for a period of two months;

(b) the Council, acting by a qualified majority, may take a different decision within the time limit laid down in (a).