WRITTEN QUESTION E-0421/03

by Giovanni Pittella (PSE)and Elena Paciotti (PSE) to the Commission

(17 February 2003)

Subject: Professional training of future specialists

In Italy Legislative Decree No 368 of 17 August 1999 implemented Directive 93/16/EEC(1) on the free movement of doctors and the mutual recognition of their diplomas, certificates and other evidence of formal qualifications, as amended by Directives 97/50/EC(2), 98/21/EC(3), 98/63/EC(4) and 1999/46/EC(5).

On the basis of this legislation the contractual status of doctors studying to become specialists is equivalent to that regulated by on-the-job training contracts.

The implementation of the provisions of Legislative Decree No 368/99 is dependent on the adoption of regulations concerning financial cover, which the Italian Government has, however, not incorporated in the budget.

Can the Commission say what steps it intends to take to ensure that Italy implements Directive 93/16/EEC by providing adequate financial cover for Legislative Decree 368/99, in order to make contractual and social security arrangements for on-the-job training applicable to doctors undergoing further training?

(1) OJ L 165, 7.7.1993, p. 1.

(2) OJ L 291, 24.10.1997, p. 35.

(3) OJ L 119, 22.4.1998, p. 15.

(4) OJ L 253, 15.9.1998, p. 24.

(5) OJ L 139, 2.6.1999, p. 25.

Answer given by Mr Bolkestein on behalf of the Commission

(18 March 2003)

According to Annex I of 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 (also called Doctors Directive) the training of specialists shall be carried out in specific posts recognised

by the competent authority. Whilst no specific indication is given concerning the contractual and social security arrangements, the above-mentioned annex explicitly stipulates that this training is subject to an appropriate remuneration. In this respect the particular attention of the Honourable Members is drawn to the ruling of the European Court of Justice in case C-131/97 (Carbonari) where it was stated that the obligation resulting from the above Directive that the trainee specialists receive remuneration is unconditional. The Court equally pointed out that it is common ground that the Doctors Directive does not contain any Community definition either of the remuneration which is to be regarded as appropriate or of the methods by which that remuneration is to be fixed. Such definitions are in principle a matter for the Member States, which must adopt specific implementing measures in the field. At the same time Member States enjoy a broad discretion in determining the body liable to provide remuneration for the periods of training in medical specialities.

It follows that a Member State might decide either to remunerate the trainee specialists with a borsa di studio (study bursary) or in accordance with contratto di formazione (training contract) while respecting the above principles. On the basis of available information, the Commission does not see any ground for intervention as it cannot be concluded that Italy is currently breaching the principles resulting from the jurisprudence of the Court