Proposal for a Council Decision repealing Decisions 75/364/EEC, 77/454/EEC, 78/688/EEC, 78/1028/EEC, 80/156/EEC and 85/434/EEC setting up advisory committees for the training of nurses responsible for general care, dental practitioners, veterinary surgeons, midwives, pharmacists and doctors
Date: 1999-07-15
Institutions: European Commission
Subjects: EU policy, advisory committee (EU), health care profession, vocational training

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 15.07.1999
COM(1999) 177 final

Proposal for a

COUNCIL DECISION

repealing Decisions 75/364/EEC, 77/454/EEC, 78/688/EEC, 78/1028/EEC,
80/156/EEC and 85/434/EEC setting up advisory committees for the training of
nurses responsible for general care, dental practitioners, veterinary surgeons,
midwives, pharmacists and doctors

(presented by the Commission)

EXPLANATORY MEMORANDUM

Purpose

The proposal for a decision follows on from the Communication to the Council and
the European Parliament on the SLIM initiative1 presented by the Commission on
6 November 1996.

In this communication, the Commission indicated in particular that, in response to the
request of the SLIM team on recognition of qualifications, it would present proposals
aimed at rationalising the operation of the advisory committees on training.

The Commission envisages formal adoption in 2000 of decisions giving practical shape
to the guidelines set out under point 2 below.

Reform of the advisory committees

It should first be noted that the advisory committees were set up by the Council when the
sectoral Directives were adopted. The same rules2 govern their composition, with each
committee comprising 90 members (45 full members and 45 alternates), i.e. six experts
from each Member State: two from the profession concerned, two from educational
establishments and two from the competent authorities. Each member is appointed to the
committee for three years.

While this structure appeared appropriate and desirable at the time that the first sectoral
Directives were put in place (29 years ago, when one of the aims was to promote
exchanges of information on training methods and on the content, level and structure of
instruction provided in the Member States),3 it must be
theoretical and practical
acknowledged that some of the provisions contained in the Council decisions setting up
the advisory committees have become obsolete.

In this context, it should also be noted that, while it is true that Article 47 of the
EC Treaty conferred certain powers on the Community as regards education and training
(thereby enabling it, among other things, to adopt the Directives on recognition of
qualifications and coordination of education and training), Articles 149 and 150 of the
EC Treaty spell out clearly the fundamental responsibility of the Member States for the
structure and content of education and training systems. They specifically exclude any
in
harmonisation of those systems, as indicated by the Council,
Decision 94/819/EEC of 6 December 1994 establishing an action programme for the
implementation of a European Community vocational training policy.4

for example,

What is more, the committees have virtually doubled in size as a result of the accessions
that have taken place since 1975.

1

2

3

4

COM(1996) 559 final, 6.11.1996.
See Council Decisions 75/364/EEC (doctors - OJ No L 167, 30.6.1975), 77/454/EEC (nurses -
OJ No L 176, 15.7.1977), 78/688/EEC (dental practitioners - OJ No L 233, 21.8.1978), 78/1028/EEC
(veterinary surgeons - OJ No L 362, 23.12.1978), 80/156/EEC (midwives - OJ No L 33, 11.2.1980)
and 85/434/EEC (pharmacists - OJ No L 253, 24.9.1985).
See Article 2(2) of the Council Decisions referred to at footnote 2.
OJ No L 340, 29.12.1994.

2

This situation has given rise to practical difficulties since the Commission does not have
the human, material and budgetary resources needed to operate the committees in the
manner originally intended. The meetings have become less effective, and the
difficulties would only be compounded by further accessions.

Lastly, the three-yearly renewal exercise likewise gives rise to practical difficulties and a
substantial workload.

These drawbacks were also highlighted by the SLIM team on the recognition of
qualifications.

In these circumstances, the Commission proposes several measures for the six existing
advisory committees on training in certain health-care professions.5

Composition

The Commission considers it essential to scale down the advisory committees by
reducing the number of experts on each of them. For this to be effective and in order to
achieve the desired effect, i.e. to improve the way the committees operate, it proposes
limiting each Member State to one member, i.e. a representative of the profession
concerned.

This would mean that total membership would be reduced to 15 for the EU as it now
stands and an increase of only one member on the occasion of each new accession.

It should be noted that the category of experts from the competent authorities is already
represented on the Committee of Senior Officials on Public Health (set up by
Decision 75/365/EEC6),
by
Pharmaceutical
Decision 75/320/EEC7) and the ad hoc Group of Senior Veterinary Officials.

Committee

(set

the

up

5

6

7

See footnote 2. There is a seventh advisory committee for training in the field of training of
architecture. However, this committee is not concerned here because of its particular responsibilities
under Directive 85/384/EEC. The situation regarding this committee will be examined in the future in
the light of the developments with the current proposal.
OJ No L 167, 30.6.1975, p. 19.
OJ No L 147, 9.6.1975, p. 23.

3

Term

The current term is three years, but the Commission would prefer six. The justification
for this is not only the practical difficulties encountered during each renewal exercise,
but above all the fact that - as also emphasised by the SLIM team - experience has
shown that the current three-year term is too short in that it only rarely allows an
advisory committee to complete its work before that period expires.

Appointment procedure

Under the existing procedure, the Member States submit a list of their experts to the
Council, which appoints them formally. The Commission intends to simplify the
procedure by allowing the Member States to notify it directly of their experts’ names.
Alongside the effects that reducing the number of members and extending the term of
office would have, this procedure would considerably lighten the workload involved in
renewing the advisory committees.

Remit

The Commission is pleased to note that the principal objectives for which the advisory
committees on training were originally set up have been attained overall. Thanks to
improved mutual knowledge of educational objectives and training levels and structures,
it has been possible to establish the basic climate of trust necessary for the mutual
recognition of qualifications.

In addition, the professions concerned have generally organised themselves at European
level, and this too has contributed to the proliferation of exchanges of information and
views on training matters.

Moreover, based as they are on qualitative and quantitative criteria that have proved
satisfactory, without prejudice to the possible need to adapt them, the minimum training
requirements stipulated by the sectoral Directives are generally considered acceptable as
regards the mutual recognition of qualifications.

Consequently, the nature of the expert advice that the Commission can seek from the
advisory committees should be redefined. The intention is that their future discussions
should relate to any request for an opinion submitted by Commission departments
concerning freedom of movement in the various professions covered by the sectoral
Directives. These Directives are an integral part of the internal market exercise,
especially the free movement of persons.

4

Conclusion

The measures giving practical shape to these guidelines, which the Commission plans to
adopt formally in 2000, will constitute a genuine legislative simplification in so far as a
single Commission decision regarding the six advisory committees concerned will
replace six Council decisions (which the Commission proposes to repeal), while at the
same time the numerous Council decisions appointing committee members will be
dispensed with. The administrative aspects will thus likewise be simplified. Lastly, the
Member States’ administrative workload will be lightened in that they will in future have
to submit the names of the experts only once every six years instead of submitting six
experts’ names once every three years, and the committees will also operate in a less
cumbersome fashion.

The Council is asked to adopt the attached proposal.

5

Proposal for a

COUNCIL DECISION

repealing Decisions 75/364/EEC, 77/454/EEC, 78/688/EEC, 78/1028/EEC,
80/156/EEC and 85/434/EEC setting up advisory committees for the training of
nurses responsible for general care, dental practitioners, veterinary surgeons,
midwives, pharmacists and doctors

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to the proposal from the Commission,

(1) Whereas, by its Decisions 75/364/EEC8, 77/454/EEC9, 78/688/EEC10,
78/1028/EEC11, 80/156/EEC12 and 85/434/EEC13, the Council set up Advisory
Committees on the training of doctors, nurses responsible for general care,
dental practitioners, veterinary surgeons, midwives and pharmacists;

(2) Whereas these Committees have completed their tasks as defined by the

Council in the aforementioned Decisions;

(3) Whereas it is appropriate to rationalise the operation of these Committees, as
indicated by the Commission in its Communication to the Council and to the
European Parliament on the SLIM initiative14,
its Communication to the
Council and to the European Parliament on the implementation of
the
recommendations of
the SLIM "Recognition of Diplomas" team and the
explanatory text to its proposal for a Directive of the European Parliament
the Council amending Directives 89/48/EEC and 92/51/EEC
and of
concerning the general system of recognition of professional qualifications
and supplementing Directives 77/452/EEC, 77/453/EEC, 78/686/EEC,
80/155/EEC,
78/687/EEC,
85/384/EEC, 85/432/EEC, 85/433/EEC and 93/16/EEC concerning the
occupations of nurse responsible for general care, dental practitioner,
veterinary surgeon, midwife, architect, pharmacist and doctor15;

78/1027/EEC 80/154/EEC,

78/1026/EEC,

8 OJ No 167 of 30.6.1975
9 OJ No L 176 of 15.7.1977
10 OJ No L 233 of 21.8.1978
11 OJ No L 362 of 23.12.1978
12 OJ No L 33 of 11.2.1980
13 OJ No L 253 of 24.9.1985
14 COM (1996) 559 final of 6.11.1996.
15 COM (1997) 638 final of 2.12.1997

6

(4) Whereas, with a view to implementing this rationalisation, the Commission
indicated in the said explanatory text its intention to set up new Advisory
Committees on nurses responsible for general care, dental practitioners,
veterinary surgeons, midwives, pharmacists and doctors; whereas the mandate
of these new committees will be for a period of six years; whereas their new
remit will cover all aspects of the sectoral Directives intended to facilitate the
free movement of the professions concerned and the mutual recognition of
their diplomas, certificates and other formal qualifications; whereas the
method of nominating members will be simplified, and the number of
members reduced to one expert per Member State;

(5) Whereas

these measures

constitute

legislative

and

administrative

simplification;

(6) Whereas it is desirable to delay the entry into force of this Decision until a
date close to the dates of expiry of the mandates of the existing Committees,
i.e. until 31 December 2000, given that the Commission Decision setting up
the new Committees will come into force after this date;

(7) Whereas the Committees set up by the Council Decisions referred to above
will therefore be able to continue functioning until 31 December 2000,

HAS DECIDED AS FOLLOWS:

Article 1

Decisions 75/364/EEC, 77/454/EEC, 78/688/EEC, 78/1028/EEC, 80/156/EEC and
85/434/EEC are repealed.

This Decision shall enter into force on 31 December 2000.

Article 2

Article 3

This Decision is addressed to the Member States.

Done at Brussels,

For the Council
The President

7