OPINION OF THE COMMISSION pursuant to Article 189 b (2) (d) of the EC Treaty, on the European Parliament's amendments to the Council's common position regarding 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
Date: 1996-12-12
Institutions: European Commission
Subjects: comitology, free movement of persons, health care profession, physician, recognition of diplomas

COMMISSION  OF THE EUROPEAN  COMMUNITIES 

Brussels,  12.12.1996 
COM(96)  638  final 

94/0305  (COD) 

OPINION  OF THE  COMMISSION 
pursuant  to  Article  189  b (2)  (d)  of  the  EC  Treaty, 
on  the  European  Parliament's  amendments 
to  the  Council's  common  position  regarding  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 

1.  BACKGROUND 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

On  16 December  1994 the Commission  presented  to the Council  a proposal 
for  a  Directive  amending  Council  Directive  93/16/EEC  of  5 April  1993 
which  facilitates  the  free  movement  of doctors  and  provides  for  the  mutual 
recognition  of  their  diplomas,  certificates  and  other  evidence  of  formal 
qualifications  (COM(94) 626 final).1 

On  29  March  1995  the  Economic  and  Social  Committee  delivered  its 
opinion.2 

On  29 June  1995  Parliament  adopted  at  first  reading  a  favourable  opinion 
comprising 7 amendments to the Commission's proposal.3 

On 27 November  1995 the Commission  adopted  pursuant  to Article  189a(2) 
of the EC Treaty  an amended proposal  incorporating  5 of the 7 amendments 
(COM(95) 437 final).4 

On  18 June  1996 the Council adopted a common position.5 

On  16 July  1996  the  Commission  accepted  the  common  position  and 
presented its opinion to the European Parliament (SEC(96)  1367 final). 

On  22 October  1996  the  European  Parliament  adopted  at  second reading 
4 amendments to the common position. 

2.  OBJECT OF THE PROPOSAL 

the  proposal 

The  object  of 
into  Directive 93/16/EEC 
to 
committee procedures  that  would  allow  flexible  and regular  updating  of the  lists of 
medical  specialisations.  Directive 93/16/EEC provides for the mutual  recognition of 
these  specialisations  and  sets  the  minimum  length  of  the  corresponding  training 
periods. 

introduce 

is 

1  OJ No C 389, 31.12.1994, p. 19. 

2  OJ No C  133,31.5.1995, p. 10. 

3  OJ No C  183, 17.7.1995, p. 24. 

4  OJ No C 28,  1.2.1996, p. 7. 

5  OJC  248, 26.8.1996, p. 71. 

3.  COMMISSION  OPINION  ON  THE  AMENDMENTS  PROPOSED  BY  HE 

EUROPEAN  PARLIAMENT 

Parliament  adopted,  at  second reading,  four amendments  to  the  Council's  common 
position. 

Amendments  1 and 4 are designed  to transform  the regulatory  committee  provided 
for  in respect of changes to the length of training courses for medical  specialisations 
into a management committee. 

The  Commission  had  proposed  a management  committee  (procedure  of the  type  II 
b). 

committee  procedures 

In  the  recitals  of  its  initial  proposal,  the  Commission  set  out  the  reasons  why 
a 
two different 
straightforward  advisory committee was deemed sufficient  for changes to the lists of 
medical  specialisations,  a management committee  was proposed  for  changes  to  the 
length  of the relevant  training  courses  because  of the  financial  implications  of  any 
such changes. 

been  proposed.  Although 

had 

In  its  common  position,  the  Council  took  the  view  that,  in  addition  to  financial 
aspects,  account  should  be  taken  of  the  protection  of  public  health  and  that, 
accordingly, a regulatory committee was necessary. 

The  Commission  stated  in  its  communication  on  the  common position  that  it  was 
able to support the amendment resulting  from  the discussions that took place in the 
Council. 

Amendment  2  is  intended  to  underline  the  fact  that  "by  virtue  of  the  Decision  ... 
setting  it  up, the  Advisory  Committee  on  Medical  Training  must  communicate  to 
the Commission  and to the Member  States its opinions and recommendations  in the 
framework  of the application of Directive 93/16/EEC". This amendment takes up, in 
another  form,  amendment  3  [which  would  have  inserted  a new recital  6(b)]  which 
had  been  tabled  at  the  first  reading  but  which  was  withdrawn  before  the  plenary 
session. Moreover, this amendment does not have any direct link with the  operative 
part of the directive and it creates certain ambiguity regarding the jurisdiction  of the 
Advisory  Committee  which  is  not  a  committee  within  the  meaning  of  Council 
Decision  87/373/EEC6. 

Amendment  3 calls upon the Commission  to present  its thinking on the question  of 
the  recognition  of  qualifications  obtained  in  non-Community  countries.  This 
amendment  is  a  modified  version  of  amendment 2  [which  would  have  inserted  a 
new recital 6(a)]  adopted  at  first  reading.  The  Commission  did  not  accept  this 
amendment  in its amended  proposal, nor did the Council  it in its common position. 
The amendment is totally unconnected to the contents of the proposal. 

In conclusion, the Commission considers that these four amendments  should  not be 
accepted. 

OJn°L  197 of  18.7.1987, p.33. 

ISSN 0254-1475 

COM(96) 638 final 

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