CELEX: 51984PC0015
Language: en
Date: 1984-01-20
Title: AMENDED PROPOSAL FOR THE FIRST COUNCIL DIRECTIVE CONCERNING THE MUTUAL RECOGNITION OF DIPLOMAS, CERTIFICATES AND OTHER EVIDENCE OF FORMAL QUALIFICATIONS IN PHARMACY, INCLUDING MEASURES TO FACILITATE THE EFFECTIVE EXERCISE OF THE RIGHT OF ESTABLISHMENT RELATING TO CERTAIN ACTIVITIES IN THE FIELD OF PHARMACY

No C 40/4                            Official Journal of the European Communities                                      15.2.84
              Amendment to the proposal for the First Council Directive concerning the mutual
              recognition of diplomas, certificates and other evidence of formal qualifications in
              pharmacy, including measures to facilitate the effective excercise of the right of
                          establishment relating to certain activities in the field of pharmacy (')
                                                      COM(84) 15 final
              (Submitted by the Commission to the Council pursuant to Article 149 (2) of the EEC Treaty
                                                     on 24 January 1984)
                                                        (84/C 40/05)
                    ORIGINAL PROPOSAL                                                         AMENDED PROPOSAL
Council Directive concerning the mutual recognition                 First Council Directive concerning the mutual
of diplomas, certificates and other evidence of formal             recognition of diplomas, certificates and other
qualifications in pharmacy, including measures to fa-              evidence of formal qualifications in pharmacy,
cilitate the effective exercise of the right of                    including measures to facilitate the effective exercise
establishment relating to certain activities in the field          of the right of establishment relating to certain
                       of pharmacy                                                 activities in the field of pharmacy
                                                   Preamble unchanged
                                         First to sixth r e c i t a l s u n c h a n g e d
                                                                   Recital 6a
                                                                   Whereas, although the coordination of training and
                                                                   the mutual recognition of diplomas are of an
                                                                   objective nature, it is clearly impossible to extend the
                                                                   effect of recognition to access to the exercise of the
                                                                   activities of self-employed persons in the field of
                                                                   pharmacy, with respect to the establishment of new
                                                                   pharmacies or the takeover of pharmacies open to the
                                                                   public which have been in operation for less than two
                                                                   years; whereas the differences in provisions laid down
                                                                   by law, regulation or administrative action in the
                                                                    Member States on this latter matter — in some cases,
                                                                   severe restrictions are placed on such establishment
                                                                   and in others, there is complete freedom in this
                                                                   respect — might in fact, if recognition of diplomas in
                                                                   pharmacy were extended to the right to establish a
                                                                   new pharmacy, lead to unbalanced emigration of
                                                                   pharmacists from Member States where there is
                                                                   geographical distribution of pharmacies to countries
                                                                   where there is complete freedom to set up phar-
                                                                   macies;
                                     S e v e n t h to twelfth r e c i t a l s u n c h a n g e d
                       CHAPTER I                                                                CHAPTER I
                           Scope                                                                   Scope
                                                   Article 1 unchanged
(') OJNo C 35, 18. 2. 1981, p. 6.
 ---pagebreak--- 15.2.84                               Official Journal of the European Communities                                 No C 40/5
                     ORIGINAL PROPOSAL                                                      AMENDED PROPOSAL
                         CHAPTER II                                                             CHAPTER II
Diplomas, certificates and other evidence of formal                   Diplomas, certificates and other evidence of formal
                qualifications in pharmacy                                              qualifications in pharmacy
                           Article 2                                                              Article 2
Each Member State shall recognize the diplomas,                       Each Member State shall recognize the diplomas,
certificates and other qualifications awarded to                      certificates and other qualifications awarded to
nationals of Member States by other Member States                     nationals of Member States by other Member States
in accordance with Article 2 of Directive . . ./                      in accordance with Article 2 of Directive . . ./
. . ./EEC and listed in Article 3, by giving to such                  . . ./EEC and listed in Article 3, by giving to such
qualifications, as far as the right to take up and                    qualifications, as far as the right to take up and
pursue the activities in a self-employed capacity is                  pursue the activities referred to in Article 1 is
concerned, the same effect in its territory as to those               concerned, the same effect in its territory as to those
diplomas, certificates and other qualifications, listed               diplomas, certificates and other qualifications, listed
in the same Article, which it itself awards.                          in Article 3, which it itself awards.
                                                                      However, Member States need not give effect to such
                                                                      diplomas with respect to the establishment of new
                                                                      pharmacies open to the public or the takeover of
                                                                      pharmacies open to the public which have been in
                                                                      operation for less than two years.
                                              A r t i c l e s 3 to 20 u n c h a n g e d
               Proposal for a Council Decision on the conclusion of the Agreement for cooperation in
                       dealing with pollution of the North Sea by oil and other harmful substances
                                                          COM(84) 28 final
                             (Submitted by the Commission to the Council on 3 February 1984)
                                                             (84/C 40/06)
THE COUNCIL OF THE EUROPEAN                                           Whereas, in its Decision of 19 May 1981, the Council
COMMUNITIES —                                                         authorized the Commission to negotiate the accession
                                                                      of the European Economic Community to the
Having regard to the Treaty establishing the                          Agreement of 9 June 1969 for cooperation in dealing
European Economic Community, and in particular                        with pollution of the North Sea by oil and other
Article 235 thereof,                                                  harmful substances;
Having regard to the proposal from the Commission,
Having regard to the opinion of the European                          Whereas, by its Decision of 9 September 1983, the
Parliament,                                                           Council authorized the Community to sign the
                                                                      Agreement for cooperation in dealing with pollution
Whereas the third Community action programme on                       of the North Sea by oil and other harmful substances,
the environment ('), of which the Council of the                      and the Community signed the Agreement on
European Communities and the representatives of the                   13 September 1983;
Governments of the Member States, meeting within
the Council, approved the broad lines on 7 February
1983, provides that the Community shall take
measures to ensure better coordination of the                         Whereas it is important that the Agreement be
discussions of the problems in the North Sea;                         concluded by the European Community; whereas,
                                                                      since the powers of action necessary to this end have
                                                                      not been provided for by the Treaty, recourse must
(') O J N o C 46, 17. 2. 1983.                                        be had to Article 235;