COMMON POSITION (EC) No 39/96

adopted by the Council on 18 June 1996

with a view to adopting Directive 96/. . ./EC of the European Parliament and of the Council 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

(96/C 248/04)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 49, Article 57 (1) and (2), first and third sentences, and Article 66 thereof,

Having regard to the proposal from the Commission (1),

Having consulted the Economic and Social Committee (2),

Acting in accordance with the procedure referred to in Article 189b of the Treaty (3),

Whereas it is necessary to introduce appropriate procedures for updating Articles 5 (3), 7 (2), 26 and 27 of Directive 93/16/EEC (4) to take into account the frequent changes in the training and designations of medical specializations in the various Member States;

Whereas use of these procedures which are set out in Council Decision 87/373/EEC of 13 July 1987 laying down the procedures for the exercise of implementing powers conferred on the Commission (5) should improve the efficiency of the Community's decision making in order to facilitate the effective exercise of the right of establishment of, and freedom to provide services by, those medical specialists whose rights are dependent on the updating of the said provisions;

Whereas the procedures laid down in Decision 87/373/EEC will be applied on the bases of the modus vivendi (6) relating to the committee procedure as agreed by the European Parliament, the Council and the Commission until such time as a revision of the Treaties is carried out pursuant to Article N (2) of the Treaty on European Union;

Whereas it is necessary to update Articles 5 (3) and 7 (2) in relation to medical specializations as and when they are recognized by two ore more Member States and to add those Member States to the relevant lists of designations of specializations as and when the training in those Member States comply with the minimum requirements set out in Directive 93/16/EEC;

Whereas it is necessary to set in Articles 26 and 27 of the said Directive the minimum length of the training courses for the specializations when they are introduced and to update others as and when necessary;

Whereas the Commission assisted by the Committee of Senior Officials on Public Health set up by Direction 75/365/EEC (7) in an advisory capacity will be able to implement the necessary changes to Articles 5 (3) and 7 (2);

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,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Directive 93/16/EEC shall be amended as follows:

1. the following paragraph 4 shall be added in Article 5:

'4. The list of designations in paragraph 3 shall be amended in accordance with the procedure laid down in Article 44a (2).`;

2. the following paragraph 3 shall be added to Article 7:

'3. The list of designations in paragraph 2 shall be amended in accordance with the procedure laid down in Article 44a (2).`;

3. The following paragraph shall be added to Articles 26 and 27:

'The list of the minimum lengths of the specialized training courses referred to in this Article shall be amended in accordance with the procedure laid down in Article 44a (3).`;

4. the following Article shall be added:

'Article 44a

1. Where the procedure laid down in this Article is to be followed, the Commission shall be assisted by the Committee of Senior Officials on Public Health, set up under Decision 75/365/EEC (*).

2. The representative of the Commission shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver its opinion on the draft, within a time limit which the chairman may lay down according to the urgency of the matter, if necessary by taking a vote.

The opinion shall be recorded in the minutes; in addition, each Member State may ask to have its position recorded in the minutes.

The Commission shall take the utmost account of the opinion delivered by the Committee. It shall inform the Committee of the manner in which its opinion has been taken into account.

3. The representative of the Commission shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver its opinion on the draft within a time limit which the chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148 (2) of the Treaty in the case of decision which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the Committee shall be weighted in the manner set out in that Article. The chairman shall not vote.

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.

(*) 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).`

Article 2

This Directive shall enter into force on the day following that of its publication in the Official Journal of the European Communities.

Article 3

This Directive is addressed to the Member States.

Done at Brussels, . . .

For the European Parliament

The President

For the Council

The President

(1) OJ No C 389, 31. 12. 1994, p. 19, and OJ No C 28, 1. 2. 1996, p. 7.

(2) OJ No C 133, 31. 5. 1995, p. 10.

(3) Opinion of the European Parliament of 29. 6. 1995 (OJ No C 183, 17. 7. 1995, p. 24), Council common position of . . . (not yet published in the Official Journal) and Decision of the European Parliament of . . . (not yet published in the Official Journal).

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

(5) OJ No L 197, 18. 7. 1987, p. 33.

(6) OJ No C 102, 4. 4. 1996, p. 1.

(7) 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).

STATEMENT OF THE COUNCIL'S REASONS

I. INTRODUCTION

1. On 19 December 1994 the Commission submitted a proposal for a Directive, based on Article 49, Article 57 (1), the first and third sentences of Article 57 (2) and Article 66 of the EC Treaty, amending Directive 93/16 to facilitate the free movement of doctors and the mutual recognition of their diplomas, certificates and other evidence of formal qualifications.

The European Parliament and the Economic and Social Committee delivered their opinions on 29 June 1995 and 29 March 1995 respectively.

Further to these opinions, the Commission submitted an amended proposal by letter dated 27 November 1995.

2. On 18 June 1996 the Council adopted its common position in accordance with Article 189b of the Treaty.

II. OBJECTIVE

The purpose of the Directive is to achieve more effective application of Directive 93/16/EEC by facilitating updating of the lists of specialist medical qualifications awarded in the Member States (Article 5 (3) and 7 (2) of Directive 93/16/EEC) and of the corresponding lists of the minimum periods of training concerned (Articles 26 and 27 of Directive 93/16/EEC).

To that end, a new Article 44a would be inserted in the basic Directive providing that the lists in question would be kept up to date by a type I committee procedure (1).

III. ANALYSIS OF THE COMMON POSITION

1. The common position of the Council generally follows the amended Commission proposal, adopting the 5 amendments from the European Parliament which had been accepted in the main by the Commission.

2. However, the Council thought that in paragraph 3 of Article 44a (new) the type II (b) committee procedure (Management Committee) proposed by the Commission should be replaced by a type III (a) committee procedure (Regulatory Committee). The last recital is amended in consequence.

This change was introduced by the Council because of the fact that a change in the minimum length of one of the courses referred to in Articles 26 and 27 of the basic Directive could involve either a reduction or an increase in the length of the course which, is some cases, might reduce the level of protection offered to the public. Further, in the opposite case, an increase in the length of a given training course could involve not insignificant costs which might have to be borne by the public.

3. Apart from purely textual emendations, the only other change in the text is the inclusion in the first recital of a reference to the amendment of Directive 93/16/EEC by the 1994 Act of Accession.

IV. CONCLUSION

The Council considers therefore that the text of the common position meets in full the purpose of the Commission proposal, viz. the speedy and effective updating of Directive 93/16/EEC where this is required in the light of the constant changes in specialist medical qualifications and the corresponding training courses.

(1) See Council Decision 87/373/EEC of 13 July 1987 laying down the procedures for the exercise of implementing powers conferred on the Commission (OJ No L 197, 18. 7. 1987, p. 33).