WRITTEN QUESTION No. 584/99 by Giacomo SANTINI Freedom to practise medicine in France
Date: 1999-03-03
Institutions: European Parliament, SANTINI
Subjects: France, access to a profession, freedom to provide services, physician, professional society, professional sport, recognition of diplomas, right of establishment

C 325/122

Official Journal of the European Communities

EN

12.11.1999

(1999/C 325/170)

WRITTEN QUESTION P-0584/99

by Giacomo Santini (PPE) to the Commission

(3 March 1999)

Subject: Freedom to practise medicine in France

In addition to setting the seal on mutual recognition of diplomas, certificates, and other qualifications held by
doctors in the Union, Council Directive 93/16/EEC of 5 April 1993 is intended to facilitate free movement (1).

Can the Commission answer the following:

1. Given that no doctor may practise on any part of French territory unless he or she has previously
registered in France, is it not the case that the peculiar provision to that effect in French national law
infringes the Community legislation currently in force?

2.

Is advance registration in another Member State, an arrangement admittedly applying to other
professions, a necessary and justified condition to which entitlement to practise should be subject in
the specific case of the medical profession?

3. What steps will the Commission take to deal with special needs of European citizens, for example visiting
professional sportspeople from other Member States who cannot be treated in France by their
accompanying medical
from exercising their
teams, because the latter are prohibited, de facto,
professional prerogatives?

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

Answer given by Mr Monti on behalf of the Commission

(26 March 1999)

1.
No. The French legislation provides for registration with the Doctors Registration Board (Ordre des
médecins) in the case of doctors wishing to exercise their right of establishment, and a simple prior declaration
in the case of the provision of services involving a temporary stay in French territory, in accordance with
Article 17 of Directive 93/16/EEC, quoted by the honourable Member.

2.

Yes, if it is a prior declaration in the case of the provision of services.

3.
In the case cited by the honourable Member, doctors accompanying professional sportspeople in a
Member State other than the one in which they are established must be considered as being service providers.
Under those circumstances, they are obliged to make a prior declaration to the authorities of each Member
State in which they intend to provide services involving a temporary stay in their territory, in accordance with
Article 17 of Directive 93/16/EEC.

(1999/C 325/171)

WRITTEN QUESTION E-0585/99

by John McCartin (PPE) to the Commission

(12 March 1999)

Subject: Non-Italian EU nationals lecturing in Italy

Can the Commission state what action has been taken in relation to allegations of unfair treatment of non-
Italian EU nationals who are teaching in Italian educational institutions and whether it has received any
assurances from the Italian authorities that the rights of all EU citizens working in Italy are being fully
respected?

Answer given by Mr Flynn on behalf of the Commission

(23 April 1999)

Infringement proceedings have been launched against Italy with regard to the safeguarding of the acquired
rights of language lecturers by Italian universities.