Legislative resolution embodying Parliament' s opinion on the proposal for a European Parliament and Council Directive amending Directive 93/16/EEC which facilitates the free movement of doctors and provides for the mutual recognition of their diplomas, certificates and other evidence of formal qualifications, and conferring implementing powers on the Commission for the updating of certain articles thereof (COM(94)0626 - C4-0012/95 - 94/ 0305(COD)) (Codecision procedure: first reading)
Date: 1995-06-29
Institutions: Committee on Legal Affairs, European Parliament
Subjects: European Commission, committee (EU), dentist, free movement of persons, freedom to provide services, medical training, midwife, physician, power of implementation, public health, recognition of diplomas, right of establishment, third country













EUR-Lex - 51995AP0099 - EN






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51995AP0099

Legislative resolution embodying Parliament' s opinion on the proposal for a European Parliament and Council Directive amending Directive 93/16/EEC which facilitates the free movement of doctors and provides for the mutual recognition of their diplomas, certificates and other evidence of formal qualifications, and conferring implementing powers on the Commission for the updating of certain articles thereof (COM(94)0626 - C4-0012/95 - 94/ 0305(COD)) (Codecision procedure: first reading)  


Official Journal C 183 , 17/07/1995 P. 0024 





A4-0099/95Proposal for a European Parliament and Council Directive amending Directive 93/16/EEC which facilitates the free movement of doctors and provides for the mutual recognition of their diplomas, certificates and other evidence of formal qualifications, and conferring implementing powers on the Commission for the updating of certain articles thereof (COM(94)0626 - C4-0012/95 - 94/0305(COD))The proposal was approved with the following amendments:(Amendment 1)Recital 2a (new)>Text following EP vote>Whereas the procedures laid down in Council Decision 87/373/EEC will be applied on the basis of the transitional modus vivendi relating to commitology as agreed by 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;(Amendment 2)Recital 6a (new)>Text following EP vote>Whereas, in application of the provisions laid down in new Article 44A, the Commission should also give greater consideration to the question of nationals of Member States who hold qualifications awarded in third countries, which, in the case of certain Member States, constitutes a 'major difficulty' within the meaning of Article 43 of Directive 93/16/EEC;(Amendment 4)ARTICLE 1(1)Article 5(4) (Directive 93/16/EEC)>Original text>4. Paragraph 3 of this Article shall be modified in accordance with the procedure set out in Article 44A(2).>Text following EP vote>4. The list of designations in paragraph 3 of this Article may be modified in accordance with the procedure set out in Article 44A(2).(Amendment 5)ARTICLE 1(2)Article 7(3) (Directive 93/16/EEC)>Original text>3. Paragraph 2 of this Article shall be modified in accordance with the procedure set out in Article 44A(2).>Text following EP vote>3. The list of designations in paragraph 2 of this Article may be modified in accordance with the procedure set out in Article 44A(2).(Amendment 6)ARTICLE 2>Original text>In each of Articles 26 and 27 of Directive 93/16/EEC, there shall be added the following new sentence: 'The provisions of this Article shall be modified in accordance with the procedure set out in Article 44A(3).'>Text following EP vote>In each of Articles 26 and 27 of Directive 93/16/EEC, there shall be added the following new sentence: 'The list of the minimum lengths of the specialized training referred to in this Article may be modified in accordance with the procedure set out in Article 44A(3).'(Amendment 8/rev.)ARTICLE 3Article 44A (new) (Directive 93/16/EEC)>Original text>1. The Commission shall be assisted by the Committee of Senior Officials on Public Health (the Committee) set up by Council Decision 75/365/EEC of 16 June 1975.>Text following EP vote>1. Whenever reference is made to this Article the Commission shall be assisted by the Committee of Senior Officials on Public Health,(the Committee) set up by Council Decision 75/365/EEC of 16 June 1975.>Original text>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.>Text following EP vote>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.>Original text>The opinion shall be recorded in the minutes; in addition, each Member State may ask to have its position recorded in the minutes.>Text following EP vote>The opinion shall be recorded in the minutes; in addition, each Member State may ask to have its position recorded in the minutes.>Original text>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.>Text following EP vote>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.>Original text>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 decisions 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.>Text following EP vote>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 decisions 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.>Original text>The Commission shall adopt measures which apply immediately. However, if these measures are not in accordance with the opinion of the Committee, they shall be communicated by the Commission to the Council forthwith. In that event, the Commission shall defer for a period of two months the application of the measures which it has decided.>Text following EP vote>The Commission shall adopt measures which apply immediately. However, if these measures are not in accordance with the opinion of the Committee, they shall be communicated by the Commission to the Council forthwith. In that event, the Commission shall defer for a period of two months the application of the measures which it has decided.>Original text>The Council, acting by a qualified majority, may take a different decision within the time limit referred to in the previous paragraph.>Text following EP vote>The Council, acting by a qualified majority, may take a different decision within the time limit referred to in the previous paragraph.>Text following EP vote>3a. The Commission shall make its proposal after consulting the Advisory Committee on Medical Training (Council Decision 75/364/EEC of 16 June 1975). It should also give the Standing Committee of European Doctors the opportunity to express a prior opinion. Before submitting proposals for amendments the Commission shall ask the Standing Committee of European Doctors for proposals.Legislative resolution embodying Parliament's opinion on the proposal for a European Parliament and Council Directive amending Directive 93/16/EEC which facilitates the free movement of doctors and provides for the mutual recognition of their diplomas, certificates and other evidence of formal qualifications, and conferring implementing powers on the Commission for the updating of certain articles thereof (COM(94)0626 - C4-0012/95 - 94/0305(COD))(Codecision procedure: first reading)The European Parliament,- having regard to the Commission proposal to Parliament and the Council, COM(94)0626 - 94/0305(COD) ((OJ C 389, 31.12.1994, p. 19.)),- 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 (C4-0012/95),- 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 opinion of the Committee on Culture, Youth, Education and the Media (A4-0099/95),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.