COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT pursuant to the second subparagraph of Article 251 (2) of the EC-Treaty concerning the Common position of the Council on the proposal for a European Parliament and Council Directive amending Directives 89/48/EEC and 92/51/EEC on the general system for the recognition of professional qualifications and Directives 77/452/EEC, 77/453/EEC, 78/686/EEC, 78/687/EEC, 78/1026/EEC, 78/1027/EEC, 80/154/EEC, 80/155/EEC, 85/384/EEC, 85/432/EEC, 85/433/EEC and 93/16/EEC concerning the professions of nurse responsible for general care, dental practitioner, veterinary surgeon, midwife, architect, pharmacist and doctor

OMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT pursuant to the second subparagraph of Article 251 (2) of the EC-Treaty concerning the

Common position of the Council on the proposal for a European Parliament and Council Directive amending Directives 89/48/EEC and 92/51/EEC on the general system for the recognition of professional qualifications and Directives 77/452/EEC, 77/453/EEC, 78/686/EEC, 78/687/EEC, 78/1026/EEC, 78/1027/EEC, 80/154/EEC, 80/155/EEC, 85/384/EEC, 85/432/EEC, 85/433/EEC and 93/16/EEC concerning the professions of nurse responsible for general care, dental practitioner, veterinary surgeon, midwife, architect, pharmacist and doctor

1. History

By letter of 3 December 1997, the Commission transmitted to the Council a proposal for a European Parliament and Council Directive amending Directives 89/48/EEC and 92/51/EEC on the general system for the recognition of professional qualifications and Directives 77/452/EEC, 77/453/EEC, 78/686/EEC, 78/687/EEC, 78/1026/EEC, 78/1027/EEC, 80/154/EEC, 80/155/EEC, 85/384/EEC, 85/432/EEC, 85/433/EEC and 93/16/EEC concerning the professions of nurse responsible for general care, dental practitioner, veterinary surgeon, midwife, architect, pharmacist and doctor (COM(1997) 638 - 1997/0345/COD) [1].

[1] JO C 28, 26.1.1998, p. 1.

The European Parliament gave its opinion on first reading on 2 July 1998 [2].

[2] JO C 226, 20.7.1998, p.26.

The Economic and Social Committee gave its opinion on 27 May 1998 [3].

[3] JO C 235, 27.7.1998, p. 53.

The Council adopted a Common Position on 20 March 2000.

2. Subject of the Commission proposal

The proposal for a Directive is intended to:

- implement the recommendations of the SLIM team on the "recognition of diplomas" by facilitating the updating of the lists of diplomas, certificates and other evidence of formal qualifications eligible for automatic recognition.

- introduce other - often technical - amendments intended to improve the legal certainty or to make it easier to interpret the Directives in question and improve their functioning.

3. Comments on the common position

3.1. General remarks

The Council unanimously adopted the Commission proposal after incorporating several amendments intended to reinforce the freedom of movement of persons. After resuming its examination of the situation of specialised nurses, which it had embarked upon when examining the transitional Directives on the mutual recognition of professional qualifications, it decided not to include any special provision in the current proposal for a Directive presented by the Commission.

3.2. The European Parliament's amendments adopted on first reading

The Council did not accept any of the amendments adopted by the European Parliament on first reading. The Commission had not amended its initial proposal.

3.3. Amendments introduced in discussions with the Council

3.3.1. General system for the recognition of professional qualifications

The Council made a number of clarifications intended to make Directives 89/48/EEC and 92/51/EEC clearer, improve their legal certainty and strengthen their effectiveness.

It clarified several elements of the definition of regulated training. Amongst these, it specified that the course of studies referred to in that definition must last at least three years, and it extended to Directives 89/48/EEC and 92/51/EEC provisions contained in other Directives on the mutual recognition of professional qualifications, with a view to making it easier to prove financial capacity where this is required for access to a regulated profession.

It also reinforced the obligation on the competent authorities to take account of knowledge acquired by the migrant in the course of his professional experience. The migrant may, for instance, show that the knowledge acquired in the course of his professional experience is such as to compensate, either partly or wholly, for substantial differences between the diploma and the qualification obtained.

Finally, the Council proposed speeding up the implementation of the amendments to Annexes C and D of Directive 92/51/EEC.

3.3.2. Sectoral Directives on the mutual recognition of diplomas

The Council improved the protection of the holder of a diploma acquired outside the European Union by stipulating that that diploma must be examined within three months.

It also speeded up the procedure for recognising all diplomas by dispensing with the obligation to justify decisions in favour of the applicant.

In addition, in the case of medical or dental specialisations which are subject not to automatic recognition but to individual recognition, the Council has obliged the competent authorities to take account not only of the specialised training acquired, as already laid down in the Directives, but also of the ongoing training which may have been acquired by the applicant.

Finally, as proposed by the Commission with a view to regularising the situation of certain dentists and pharmacists, it introduced a provision allowing the situation of certain specialised doctors and of psychiatric nurses to be regularised, provided that their level of training corresponds to the requirements of the relevant sectoral Directive.

3.4. Position of the Commission on the amendments introduced in the Council

The Commission accepts the amendments made as a result of the Council's work.

4. Conclusions

The Commission considers that the common position is an appropriate addition to the proposal for a Directive presented by the Commission.