No C 230/10 Official  Journal  of the European  Communities 10. 9. 81 
Opinion  on the proposal  for a Council  Directive  concerning  the coordination  of provisions  laid 
down  by law,  regulation  or administrative  action  in respect  of certain  activities  in the field  of 
pharmacy;  proposal  for a Council  Directive  concerning  the mutual  recognition  of diplomas, 
certificates  and  other  evidence  of formal  qualifications  in pharmacy,  including  measures  to 
facilitate  the effective  exercise  of the right  of establishment  relating  to certain  activities  in the 
fields  of pharmacy,  and  the draft  Council  Decision  setting  up an Advisory  Committee  on 
Pharmaceutical  Training 
A. LEGAL  BASIS  FOR  THE  OPINION 
On 13 February  1981  the Council  referred  the abovementioned  proposals  to the Economic  and 
Social  Committee  in accordance  with  Articles  49 and  57 of the Treaty  establishing  the 
European  Economic  Community. 
B. OPINION  OF THE  ECONOMIC  AND  SOCIAL  COMMITTEE 
The Economic  and  Social  Committee  prepared  its opinion  on the above  matter  at its 189th 
plenary  session  held  in Brussels  on 1,2  and  3 July  1981. 
The full  text  of the opinion  is as follows: 
THE  ECONOMIC  AND  SOCIAL  COMMITTEE, 
Having  regard  to the Treaty  establishing  the European 
Economic  Community,  and in particular  Articles  49 and 
57 thereof, 
Having  regard  to the request  made  by the Council  of the 
European  Communities  on 13 February  1981  for an 
opinion  on  the  proposal  for  a Council  Directive 
concerning  the coordination  of provisions  laid  down  by 
law, regulation  or administrative  action  in respect  of 
certain  activities  in the field  of pharmacy;  proposal  for a 
Council  Directive  concerning  the mutual  recognition  of 
diplomas,  certificates  and  other  evidence  of formal 
qualifications  in pharmacy,  including  measures  to 
facilitate  the  effective  exercise  of the  right  of 
establishment  relating  to certain  activities  in the fields  of 
pharmacy  and  the draft  Council  Decision  setting  up an 
Advisory  Committee  on Pharmaceutical  Training, 
Having  regard  to the decision  taken  by its Bureau  on 24 
February  1981,  instructing  the  Section  for  Industry, 
Commerce,  Crafts  and Services  to draw  up an opinion 
and a -report  on this  subject, 
Having  regard  to the opinion  issued  by the Section  for 
Industry,  Commerce,  Crafts  and Services  at its meeting 
on 2 and  3 June  1981  (sitting  of 3 June  1981), Having  regard  to the  report  by  the  rapporteur, 
Mr Chabrol, 
Having  regard  to the discussions  at its 189th  plenary 
session,  held  on 1,2  and  3 July  1981  (meeting  of 2 July 
1981), 
HAS ADOPTED  THE  FOLLOWING  OPINION 
with  no votes  against  and  five  abstentions: 
The Committee  has the following  comments  to make  on 
the Commission  proposals  of which  it has taken  note: 
GENERAL  COMMENTS 
1. The  Commission  formally  withdrew  its 1969  and 
1972  proposals  on  the  right  of establishment  of 
pharmacists;  the Committee  therefore  welcomes  these 
new proposals  as this  profession  is one of the few  in the 
health  field  which  still  awaits  a Council  Decision. 
2. The  Committee  notes  that  the  Commission's 
proposals  fail  to take  account  either  of the  former's 
opinions  on the earlier  texts  or of Article  57 (3) of the 
Treaty,  which  specifies  that  the progressive  abolition  of 
restrictions  in the medical  and allied  and pharmaceutical 
professions  shall  be dependent  upon  coordination  of the 
conditions  for  their  exercise  in the  various  Member 
10. 9. 81 Official  Journal  of the European  Communities No C 230/11 
States.  This  approach  was  followed  in the Directives 
adopted  on doctors,  dentists,  nurses,  midwives  and 
veterinary  surgeons.  The  Committee  has no desire  to take 
a stand  on the legal  aspect  or the extent  to which  this 
provision  embodies  a 'prior  condition'  but would  stress 
that the case  of pharmacists  differs  significantly  from  the 
others  referred  to above  in that exercise  of this profession 
is determined  by such  factors  as dispensing  monopolies 
and geographical  distribution  of pharmacies.  The present 
proposals  can therefore  be regarded  as a step  backwards 
compared  with  the earlier  ones.  The  Commission  will 
have  to present  a further  Directive  in the very  near  future 
to avoid  any  distortion  arising  in freedom  of 
establishment  or the  responsibilities  involved  in this 
profession. 
3. At  present  pharmaceutical  training  varies  both  in 
duration  and  structure  from  State  to State  - ranging 
from  four  and  a half  years  to five  and  a half.  For 
coordination  purposes,  the Committee  feels  that  some 
flexibility  is required  to make  allowance  for national 
traditions.  Transitional  provisions  are therefore  needed 
so that  the qualifications  of pharmacists  trained  in States 
where  courses  are shorter  than  the five  years  specified  by 
the Commission  are  recognized  in other  Member 
States. 
4. The  Committee  is pleased  to note  that  the 
Commission  has  extended  the  present  provisions  to 
employed  as well  as self-employed  pharmacists,  as 
recommended  in the  former's  opinion  on the  1969 
proposal  for a Directive. 
SPECIFIC  COMMENTS 
1. Coordination  Directive: 
Second  paragraph  of the preamble: 
Following  up its general  comments,  the  Committee 
recommends  that  this  paragraph  be  amended  as 
follows: . continue,  to be matters  for the Member  States 
until  coordination  of these  conditions  for practising, 
which  should  take  place  at the same  time  as the present 
Directive  is implemented'. 
Article  2 (2) 
For greater  clarity,  the Committee  proposes  that  it be 
amended  as follows: 
. . duration  referred  to in the first  subparagraph  on 
account  of the length  and  curriculum  of secondary 
studies,  provided  that  . . 
Article  4 
The Committee  would  have  preferred  the Commission  to 
specify,  as is customary  in its proposals  to the Council, 
when  this  Directive  is to come  into  force. 
2. Directive  on the mutual  recognition  of diplomas, 
etc.: 
Article  2 
In order  to specify  quite  clearly  the extent  of mutual 
recognition,  the Committee  proposes  that  the following 
should  be added  at the end of Article  2: 
'. . . within  the  limits  of the  fields  of activities 
stipulated  in Article  1 of the Coordination  Directive 
.../..  ./EEC. 
Article  3 (2) (d) 
The 'State  diploma  in pharmacy  awarded  by the 
universities'  has been  replaced  in France  by the 'State 
Diploma  of Doctor  in Pharmacy  awarded  by the 
universities'. 
Done  at Brussels,  2 July  1981. 
The Chairman 
of the 
Economic  and  Social  Committee 
Tomas  ROSEINGRAVE