WRITTEN QUESTION P-3320/01 by Jorge Moreira Da Silva (PPE-DE) to the Commission. Recognition of degrees in medicine in the European Union.
Date: 2001-11-22
Institutions: European Parliament, Provisional data
Subjects: European Union, Poland, Russia, application of EU law, medicine, professional qualifications, recognition of diplomas

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16.5.2002

Has

1.
organisations which hinder freedom of movement of workers in the European Union?

the Commission detected any similar cases of maladministration by Greek insurance

2. What measures does the Commission intend to take to ensure that Greece complies with Community
legislation in this area?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(17 January 2002)

The Commission has indeed received a number of complaints from various European citizens asking it to
intervene in connection with a specific problem relating to the granting of certain social benefits, especially
certain family benefits, on the basis of nationality. Having examined these complaints, it asked the Court to
declare that, by excluding, through regulations or administrative practice, workers who are citizens of
other Member States, on grounds of their nationality, Greece has violated Community law. The Court, in
its judgment of 29 October 1998 (in Case C-185/96, Commission/Hellenic Republic), censured Greece,
holding that it had failed to fulfil its obligations under Community law.

Following this judgment, the Greek authorities amended their regulations on this matter.

The Commission is not aware of any other cases of maladministration in Greek social security institutions
in the situations referred to by the Honourable Member.

(2002/C 115 E/272)

WRITTEN QUESTION P-3320/01

by Jorge Moreira Da Silva (PPE-DE) to the Commission

Subject: Recognition of degrees in medicine in the European Union

(22 November 2001)

The Commission is no doubt aware of the serious problems which have arisen in recent years in European
Community Member States with regard to recognition of the equivalence of medical degrees obtained in
Eastern European countries, including Russia.

Can a national of an EU Member State who holds a degree in medicine from an Eastern European country
(Poland, Russia) as well as a Certificate of Equivalence of university qualifications issued by the Ministry of
Education of a Member State obtain automatic recognition of the university qualifications in the other EU
Member States?

Answer given by Mr Bolkestein on behalf of the Commission

(18 December 2001)

The European Court of Justice has already on several occasions treated the question of diplomas awarded
outside the European Economic Area held by citizens of one of the Member States; this concerns
particularly holders of one of the diplomas of the so-called sectoral directives,
including the Doctor’s
Directive, 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 (1).

‘Haim I’ the Court of

In its judgement
Justice stated ‘[…] that recognition by a Member State of
qualifications awarded by non-member States, even if they have been recognised as equivalent in one or
more Member States, does not bind the other Member States.’ (2) However, the host Member State is
obliged to examine if ‘[…] the experience already established by the person concerned […] in another
Member State, corresponds to that required’.

In a recent judgement the Court of Justice has had the occasion to specify further the obligations of the
host Member State under the EC-Treaty. In the case Hocsman (3) it is stated, that ‘Article 52 of the EC
is to be interpreted as meaning that where […] a
Treaty (now, after amendment, Article 43 EC)

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Community national applies for authorisation to practise a profession access to which depends, under
national
law, on the possession of a diploma or professional qualification, or on periods of practical
experience, the competent authorities of the Member State concerned must take into consideration all the
diplomas, certificates and other evidence of formal qualifications of the person concerned and his relevant
experience, by comparing the specialised knowledge and abilities certified by those diplomas and that
experience with the knowledge and qualifications required by the national rules.’

system for

By Directive 2001/19/EC of the Parliament and of the Council of 14 May 2001 amending Council
Directives 89/48/EEC and 92/51/EEC on the general
the recognition of professional
qualifications and Council Directives 77/452/EEC, 77/453/EEC, 78/686/EEC, 78/687/EEC, 78/1026/EEC,
78/1027/EEC, 80/154/EEC, 80/155/EEC, 85/384/EEC, 85/432/EEC, 85/433/EEC and 93/16/EEC concern-
ing the professions of nurse responsible for general care, dental practitioner, veterinary surgeon, midwife,
architect, pharmacist and doctor (4) which has to be implemented by Member States by the latest on
1 January 2003 Article 42c has been introduced into Directive 93/16/EC. It states that Member States shall
examine diplomas, certificates and other evidence of formal qualifications in the field covered by this
Directive obtained by the holder outside the Union in cases where those diplomas, certificates and other
evidence of formal qualifications have been recognised in a Member State, as well as of training undergone
and/or professional experience gained in a Member State. The Member State shall give its decision within
three months of the date on which the applicant submits his application together with full supporting
documentation. Furthermore, the host Member State is obliged to give the reasons for the decision and the
migrant has a right of appeal before the courts under national law. By enshrining these obligations directly
in the directive, the Community legislator has considerably contributed to legal certainty for situations
described by the Honourable Member.

(1) OJ L 165, 7.7.1993.
(2) ECJ Case C-319/92 (HAIM I).
(3) ECJ Case C-238/98 (Hocsman).
(4) OJ L 206, 31.7.2001.

(2002/C 115 E/273)

WRITTEN QUESTION E-3323/01

by Eurig Wyn (Verts/ALE) to the Commission

(30 November 2001)

Subject: Proposals for changes in the regulation of veterinary medicinal products

Proposals for changes in the regulation of veterinary medicinal products in the European Union (Revision
2001 F Article 67 (b)) would mean significant changes for people working in the agricultural industry.
One particular provision would make all animal medicines for farm livestock and horses available only on
a veterinary prescription.

I agree that such medicines should be regulated, but would the Commission acknowledge that such a
proposal would spell the end for the majority of agricultural merchants in the UK and would mean extra
costs for farmers, who would be forced to deal solely with veterinary surgeons? Does the Commission
believe that the imposition of this proposal might result in a black market in veterinary products?

Answer given by Mr Liikanen on behalf of the Commission

(15 January 2002)

The Commission refers the Honourable Member to its reply to Written Question E-2913/01 by
Mr Bowe (1).

As far as dispensing of veterinary medicines is concerned, the Commission would stress that its proposals
to amend the pharmaceutical
legislation address only the provisions relating to prescription. The
Commission does not consider that its proposal to have a veterinary prescription required for dispensing
‘veterinary medicinal products for food producing animals’ would represent a significant change to the