A4-0232/98

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 supplementing 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(97)0638 - C4-0657/97 - 97/0345(COD))

The proposal was approved with the following amendments:

(Amendment 1)

Recital 3a (new)

>Original text>

>Text following EP vote>

Whereas, in view of the barriers erected to the mobility of professionals by the imposition of adaptation periods and aptitude tests allowed for the two general systems Directives, and in the interests of promoting a unified labour market for professionals, it is desirable that Member States wishing to impose such adaptation periods and tests should, for each professional field concerned, inform the Commission in writing, setting out the need for a test or adaptation period, the length of such a period and the standards to be adopted in any tests; whereas it is in the interests of transparency and accountability that the Commission, other Member States and the Coordinators Group should be free to comment on the proposed tests and adaptation periods and that all such information be published;

(Amendment 2)

Recital 5

>Original text>

Whereas, in its Communication to the Council and the European Parliament on the SLIM initiative, the Commission undertook, in response to a request from the 'qualifications¨ team, to present proposals aimed at simplifying the updating of the lists of qualifications eligible for automatic recognition; whereas Council Directive 93/16/EEC of 5 April 1993 to facilitate the free movement of doctors and the mutual recognition of their diplomas, certificates and other evidence of formal qualifications provides for a simple procedure in the case of general practitioners¨ qualifications; whereas experience has shown that the procedure affords sufficient legal certainty; whereas it is desirable to extend it to qualifications held by nurses responsible for general care, dental practitioners, veterinary surgeons, midwives, pharmacists and doctors as referred to in Council Directives 77/452/EEC, 78/686/EEC, 78/1026/EEC, 80/154/EEC, 85/433/EEC and 93/16/EEC respectively;

>Text following EP vote>

Whereas, in its Communication to the Council and the European Parliament on the SLIM initiative, the Commission undertook, in response to a request from the 'qualifications¨ team, to present proposals aimed at simplifying the updating of the lists of qualifications eligible for automatic recognition; whereas Council Directive 93/16/EEC of 5 April 1993 to facilitate the free movement of doctors and the mutual recognition of their diplomas, certificates and other evidence of formal qualifications provides for a simple procedure in the case of general practitioners¨ qualifications; whereas experience has shown that the procedure affords sufficient legal certainty; whereas it is desirable to extend it to qualifications held by nurses responsible for general care, dental practitioners, veterinary surgeons, midwives, pharmacists and doctors as referred to in Council Directives 77/452/EEC, 78/686/EEC, 78/1026/EEC, 80/154/EEC, 85/433/EEC and 93/16/EEC respectively;

whereas it would also be appropriate for the Commission to give some thought to the desirability of also including this formula in Directive 85/384/EEC on the profession of architect, whilst adapting it to the special aspects of that Directive;

(Amendment 3)

Recital 6a (new)

>Original text>

>Text following EP vote>

Whereas migrants possessing qualifications or having undertaken training or having professional experience obtained in a third country frequently choose as their first host state within the EU a country with an understanding of the level and quality of the qualifications or experience gained; whereas that first host Member State is likely to be in a position to judge the equivalence of the qualifications and/or experience gained with their own qualifications or experience of their own professionals; whereas it is therefore appropriate that should this Member State choose to issue a certificate or diploma recognizing the equality of the migrant's qualifications and/or experience with their own qualifications, this certificate or diploma should be accorded the same rights as the Member State's qualification for the purposes of recognition under the Directives governing the recognition of qualifications for the following professions: nurse responsible for general care; dental practitioner; veterinary surgeon; midwife; architect; pharmacist; and doctor;

(Amendment 4)

ARTICLE 1(3a) (new)

Article 4(2a) (new) (Directive 89/48/EEC)

>Original text>

>Text following EP vote>

3a. In Article 4, the following paragraph 2a is added:

"2a. Member States basing actions on the provisions of this Article should follow the procedure set out in Article 10a.¨

(Amendment 5)

ARTICLE 1(4)

Article 9(2), second subparagraph, first indent (Directive 89/48/EEC)

>Original text>

- to facilitate the implementation of this Directive, in particular by adopting and publishing opinions on the questions referred to it by the Commission,

>Text following EP vote>

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to facilitate the implementation of this Directive, in particular by adopting and publishing opinions on the questions referred to it by the Commission, or on any other question relating to the application of the Directive. Unless a decision to the contrary is taken, the deliberations of the Coordinators Group shall be widely publicized,

(Amendment 6)

ARTICLE 1(4a) (new)

Article 10a (new) (Directive 89/48/EEC)

>Original text>

>Text following EP vote>

4a. The following new article is inserted after Article 10:

'Article 10a

1. Member States shall inform the Commission in writing of their intention to require an adaptation period or aptitude test. They shall set out the reasons why such a test or adaptation period is required and the length and standards of such periods and tests.

>Original text>

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2. The Commission shall notify other Member States and the Coordinators Group of any such communication and pass on a full text on request.

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3. The Commission, other Member States and the Coordinators Group shall be at liberty to offer comments or opinions, as appropriate, on the proposed test or adaptation period. Where criticisms of the proposals are made, the Member State proposing the test or period should address these points in writing to the Commission, the Coordinators Group and other Member States.

>Original text>

>Text following EP vote>

4. The details of the tests and adaptation periods should be published and made available to the public together with summaries of opinions or comments made.

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5. Having followed this procedure, the Member State in question shall then be entitled to apply the test or period in so far as it does not contravene the main objectives of this Directive.¨

(Amendment 7)

ARTICLE 2(1a) (new)

Article 4(1)(b), second subparagraph (Directive 92/51/EEC)

>Original text>

>Text following EP vote>

1a. In Article 4(1)(b), the second subparagraph is replaced by:

'Should the host Member State make use of this possibility, the procedure laid down in Article 14a shall apply. It must give the applicant the right to choose between an adaptation period and an aptitude test. Where the host Member State, which requires a diploma as defined in Directive 89/48/EEC or in this Directive, intends to introduce derogations from an applicant's right to choose, the procedure laid down in Article 14 shall apply.¨

(Amendment 8)

ARTICLE 2(1b) (new)

Article 5, second paragraph a (new) (Directive 92/51/EEC)

>Original text>

>Text following EP vote>

1b. In Article 5, the following paragraph is inserted after the second paragraph:

'Where the host Member State proposes that an applicant must complete an adaptation period or aptitude test the procedure set out in Article 14a shall apply.¨

(Amendment 9)

ARTICLE 2(1c) (new)

Article 7, second paragraph a (new) (Directive 92/51/EEC)

>Original text>

>Text following EP vote>

1c. In Article 7, the following paragraph is inserted after the second paragraph:

'The procedure set out in Article 14a shall apply to actions based on the provisions contained within this Article.¨

(Amendment 10)

ARTICLE 2(2)

Article 13(2), first indent (Directive 92/51/EEC)

>Original text>

- to facilitate the implementation of this Directive, in particular by adopting and publishing opinions on the questions referred to it by the Commission,

>Text following EP vote>

-

to facilitate the implementation of this Directive, in particular by adopting and publishing opinions on the questions referred to it by the Commission, or on any other question relating to the application of the Directive. Unless a decision to the contrary is taken, the deliberations of the Coordinators Group shall be widely publicized,

(Amendment 11)

ARTICLE 2(2a) (new)

Article 14a (new) (Directive 92/51/EEC)

>Original text>

>Text following EP vote>

2a. The following new article is inserted after Article 14:

'Article 14a

1. Member States shall inform the Commission in writing of their intention to require an adaptation period or aptitude test. They shall set out the reasons why such a test or adaptation period is required and the length and standards of such periods and tests.

>Original text>

>Text following EP vote>

2. The Commission shall notify other Member States and the Coordinators Group of any such communication and pass on a full text on request.

>Original text>

>Text following EP vote>

3. The Commission, other Member States and the Coordinators Group shall be at liberty to offer comments or opinions, as appropriate, on the proposed test or adaptation period. Where criticisms of the proposals are made, the Member State proposing the test or period should address these points in writing to the Commission, the Coordinators Group and other Member States.

>Original text>

>Text following EP vote>

4. The details of the tests and adaptation periods should be published and made available to the public together with summaries of opinions or comments made.

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>Text following EP vote>

5. Having followed this procedure, the Member State in question shall then be entitled to apply the test or period in so far as it does not contravene the main objectives of this Directive.¨

(Amendment 12)

ARTICLE 3, SECOND PARAGRAPH (new)

>Original text>

>Text following EP vote>

That notice shall be deemed to have been accepted by the other Member States if none expresses reservations within six months of the date of its publication by the Commission in the Official Journal of the European Communities. If reservations are expressed, the sectoral advisory committee shall automatically be asked for its opinion.

(Amendment 13)

ARTICLE 5, SECOND PARAGRAPH (new)

>Original text>

>Text following EP vote>

In cases where a Member State has issued a certificate or diploma guaranteeing the equivalence of qualifications and/or experience obtained outside the EU with a certificate, diploma or qualification included in the list of qualifications subject to automatic recognition, and has notified the Commission of this new certificate according to the procedures set out in Article 3, this new certificate shallbe entitled to the same rights of automatic recognition.

(Amendment 14)

ARTICLE 15(-1) (new)

Article 11(f), fifth indent (new) (Directive 85/384/EEC)

>Original text>

>Text following EP vote>

-1. In Article 11(f), the following indent is inserted after the fourth indent:

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'- a certificate or attestation of competence issued by the competent authorities to the effect that a person who, on the date of entry into force of this Directive, had, over a period of at least five years prior to that date, pursued architectural activities, the nature and importance of which in the opinion of the competent authorities give that person an established right to pursue those activities;¨

(Amendment 15)

ARTICLE 18 (7a) (new)

Article 23 (1) (da) (new) (Directive 93/16/EEC)

>Original text>

>Text following EP vote>

7a.

In Article 23(1) the following subparagraph is added:

"(da) Adequate knowledge of general medical practice.¨

(Amendment 16)

ARTICLE 18 (8a) (new)

Article 30 (Directive 93/16/EEC)

>Original text>

>Text following EP vote>

8a. Article 30 is amended as follows:

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'Each Member State which dispenses the complete training referred to in Article 23 within its territory shall institute specific training in general medical practice meeting requirements at least as stringent as those laid down in Articles 31 and 32, in such a manner that the first diplomas, certificates or other evidence of formal qualifications awarded on completion of the course are issued not later than 1 January 2005.¨

(Amendment 17)

ARTICLE 18 (8b) (new)

Article 31 (1) (b) (Directive 93/16/EEC)

>Original text>

>Text following EP vote>

8b.

In Article 31, paragraph 1 (b) shall be amended as follows:

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>Text following EP vote>

"(b)

it shall be a full-time course lasting at least three years, and shall be supervised by the competent authorities or bodies;¨

(Amendment 19)

ARTICLE 18 (8c) (new)

Article 31 (2) (Directive 93/16/EEC)

>Original text>

>Text following EP vote>

8c.

In Article 31, paragraph 2 is amended as follows:

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>Text following EP vote>

"2.

Member States shall be entitled to defer application of the provisions of paragraph 1(c) relating to minimum periods of instruction until 1 January 2009 at the latest.¨

(Amendment 20)

ARTICLE 18 (8e) (new)

Article 33 (Directive 93/16/EEC)

>Original text>

>Text following EP vote>

8e. Article 33 is amended as follows:

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'On the basis of experience acquired, and in the light of developments in training in general medical practice, the Commission shall submit to the Council, by 1 January 2008 at the latest, a report on the implementation of Articles 31 and 32 and suitable proposals in order to achieve further harmonization of the training of general medical practitioners.

The Council shall act on these proposals in accordance with procedures laid down by the Treaty before 1 January 2009.¨

(Amendment 21)

ARTICLE 18 (10a) (new)

Article 40 (Directive 93/16/EEC)

>Original text>

>Text following EP vote>

10a.

Article 40 is amended as follows:

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>Text following EP vote>

On the basis of experience acquired, and in the light of developments in training in general medical practice, the Commission shall submit to the Council by 1 January 2008 at the latest a report on the implementation of this Title and, if necessary, suitable proposals with a view to appropriate training for every general medical practitioner in order to satisfy requirements of general medical practice. The Council shall act on those proposals in accordance with the procedures laid down in the Treaty.

Legislative resolution embodying Parliament's opinion 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 supplementing 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(97)0638 - C4-0657/97 - 97/0345(COD))(Codecision procedure: first reading)

The European Parliament,

- having regard to the Commission proposal to Parliament and the Council, COM(97)0638 - 97/0345(COD) ((OJ C 28, 26.1.1998, p. 1.)),

- having regard to Articles 189b(2), 49, 57(1) and (2), first and third sentences, and 66 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C4-0657/97),

- having regard to Rule 58 of its Rules of Procedure,

- having regard to the report of the Committee on Legal Affairs and Citizens' Rights and the opinions of the Committee on Employment and Social Affairs and the Committee on Culture, Youth, Education and the Media (A4-0232/98),

1. Approves the Commission proposal, subject to Parliament's amendments;

2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 189a(2) of the EC Treaty;

3. Calls on the Council to incorporate Parliament's amendments in the common position that it adopts in accordance with Article 189b(2) of the EC Treaty;

4. Should the Council intend to depart from the text approved by Parliament, calls on the Council to notify Parliament and requests that the conciliation procedure be initiated;

5. Points out that the Commission is required to submit to Parliament any modification it may intend to make to its proposal as amended by Parliament;

6. Instructs its President to forward this opinion to the Council and Commission.