CELEX: 51980PC0912
Language: en
Date: 1980-01-28
Title: Proposal for a COUNCIL DIRECTIVE supplementing Directives 75/362/EEC, 77/452/EEC, 78/686/EEC and 78/1026/EEC concerning the mutual recognition of diplomas, certificates and other evidence of formal qualifications of doctors, nurses responsible for general care, dentists and veterinary surgeons respectively (Extension of acquired rights) (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (80) 912
Vol. 1980/0284
 ---pagebreak--- Disclaimer
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                   COM(80)912 final
                                                   Brussels , 28 January 1981
                               fr < '     , •   v
                               h~       ^   ' ,
                                   Proposal for a
                                 COUNCIL DIRECTIVE
   supplementing Directives 75 / 362 / EEC , 77 / 452 / EEC , 78 / 686 / EEC and
   78 / 1026 / EEC concerning the mutual recognition of diplomas , certifi­
   cates and other evidence of formal qualifications of doctors , nurses
   responsible for general care , dentists and veterinary surgeons
                                      respectively
                           ( Extension of acquired rights )
                  ( submitted to the Council by the Commission )
 COM(80 ) 912 final
 ---pagebreak---                                EXPLANATORY MEMORANDUM
I. ORIGIN , OBJECTIVE AND LEGAL BASIS FOR THE PROPOSAL
    1 . The Council has adopted the following Directives :
            - Directive 75/362./EEC of 16 June 1975 concerning the mutual recognition
              of diplomas , certificates and other evidence of formal qualifications
              in medicine , including measures to facilitate the effective exercise
              of the right of establishment and freedom to provide services'*"
            - Directive 75/363/EEC of 16 June 1975 concerning the coordination of
              provisions laid down by law , regulation or administrative action in
              respect of activities of doctors"''
            - Directive 77/452/EEC of 27 June 1977 concerning the mutual recognition
              of diplomas , certificates and other evidence of formal qualifications
              as nurses respondible for general care and including measures to
              facilitate the effective exercise of the right of establishment and
                                           2
              freedom to provide services
            - Directive 77/45 3/EEC of 27 June 1979 concerning the coordination of
              provisions laid down by law , regulation or administrative action in
                                                                                2
              respect of the activities of nurses responsible for general care
            - Directive 78/686/EEC of 25 July 1978 concerning the mutual recognition
              of diplomas , certificates and other evidence of formal qualifications
              in dentistry , and including measures to facilitate the effective
              exercise of the right of establishment and freedom to provide services
            - Directive 78/68 7/EEC of 25 July 1978 concerning the coordination of
              provisions laid down by law , regulation or administrative action in
                                                    3
              respect of the activities of dentists
            - Directive 78/1026/EEC of 18 December 1978 concerning the mutual
              recognition of diplomas , certificates and other evidence of formal
              qualifications in veterinary medicine , including measures to facilitate
              the effective exercise of the right of establishment and freedom to
              provide services^
            - Directive 78/1027/EEC of 18 December 1978 concerning the coordination
              of provisions laid down by law , regulation or administrative action
                                       • ■                         4
              in respect of the activities of veterinary surgeons
1    _ . .       ^
 y Official Journal of the European Communities No L 167 , 30.6.1975
 ~       11         11     ■» "     n           "     No L 176 . 15.7.1977
         "          "      "  "     "           "     No L 233 , 24.8.1978
         "          "      »  "     "           "     No L 362 , 23.12.1980 .
 ---pagebreak--- 2 . Article 9(1 ) and ( 2 ) of Directive 75/362/EEC , Article 4 of Directive
77/452/EEC , Article 7(1 ) and ( 2 ) Of Directive 78/686/EEC and Article 4 of
Directive 78/1026/EEC contain provisions on the acquired rights of persons
engaged in the professions in question . The provisions refer to the diplomas ,
certificates and other evidence of formal qualifications issued by the Member
States before implementation of the Directives in question . They are intended
to ensure freedom of movement for persons engaged in these professions whose
diplomas , certificates and other evidence of qualifications are awarded for
training that does not fully satisfy all the qualitative and quantitative
criteria laid down in Articles 1 , 2 , 3 , 4 and 5 of Directive 75/363/EEC ( in
the case of doctors ), Article 1 of Directive 77/45 3/EEC ( in the case of nurses
responsible for general care ), Articles 1 , 2 and 3 of Directive 78/68 7/EEC
( in the case of dentists ) and Article 1 of Directive 78/1027/EEC ( in the case
of veterinary surgeons ) .
3 . These provisions do not , however , specifically cover the diplomas ,
certificates and other evidence of formal qualifications for training that
does not fully with the abovementioned requirements when such training is
completed after implementation of the said Directives but began before their
implementation .
4.   This proposal for a Directive sets out to deal with this point .
5 . The proposal has its legal basis in the Treaty setting up the European
Community , in particular Articles 49 , 57 and 66 .
II . CONTENTS OF THE PROPOSAL
     1 . Article 1 of the proposal specifies that the abovementioned provisions
         of Article 9 of Directive 75/362/EEC , Article 4 of Directive 77/452/EEC ,
         Article 7 of Directive 78/686/EEC and Article 4 of Directive 78/1027/EEC
         apply also to diplomas , certificates and other evidence of formal
         qualifications issued for training that does not satisfy all the
         qualitative and quantitative criteria laid down in the Directives
         when such training was begun before implementation of the Directives
         and was completed after such implementation .
     2 . Articles 2 and 3 of the proposal for a Directive fix the dates for the
         implementation and destination of the Directives .
 ---pagebreak---                                PROPOSAL
                        FOR A COUNCIL DIRECTIVE
SUPPLEMENTING DIRECTIVES 75 / 362 / EEC , 77 / 452 / EEC , 78 / 686 / EEC
AND 78 / 1 026 / EEC CONCERNING THE MUTUAL
RECOGNITION OP DIPLOMAS , CERTIFICATES AND OTHER EVIDENCE
OF FORMAL QUALIFICATIONS OF DOCTORS , NURSES RESPONSIBLE FOR
GENERAL CARE , DENTISTS AND VETERINARY SURGEONS RESPECTIVELY
                    ( Extension of acquired rights )
 ---pagebreak--- THE COUNCIL OP THE EUROPEAN COMMUNITIES
Having regard, to the Treaty establishing the European Economic Community
and. in particular Articles 49 » 57 and 66 thereof ,
Having regard to the proposal from the Commission ,
Having regard to the Opinion of the European Parliament ,
Having regard to the Opinion of the Economic and Social Committee ,
                                             1               2               ..3                      <
Whereas in Council Directives 75 / 362 / EEC , 77 / 452 / EEC , 78 / 686 / EEC    and 78 / 1026 / EEC
      concerning the mutual recognition of diplomas , certificates and other
evidence of formal qualifications of doctors , nurses responsible for general
care , dentists and veterinarians respectively, and including measures to
facilitate the effective exercise of the right of establishment and freedom
to provide services , the provisions relating to acquired rights refer to
diplomas , certificates and other evidence of formal qualifications of doctors ,
nurses responsible for general care , dentists and veterinarians issued by
the Member States before the implementation of the abov ^nent ioned              Directives :
Whereas these provisions therefore do not expressly cover the diplomas ,
certificates and other evidence of formal qualifications which are
evidence of        training not meeting the minimum training requirements
provided for in 8 Council Directives 75 /363/EEC^ 77/453/EEC^, 78/687/EEC7
and 78 / 1027 / EEC which was completed after the implementation of the Directives ,
but which had commenced before the said implementation ;
Whereas it is advisable to make good this omission ;
^ OJ No L 167 , 30.6.1975 , p.1
2'0J No L 176, 15.7.1977 , p.1
3 0J No L 233, 24.8.1978, p.1
4- 0J No L 362 , 23.12.1978, p.1
50J  No  L 167 ,  30.6.1975 , p.14
60J  No  L 176,   15.7.1977, p.8
70J  No  L 233 ,  24.8.1978, p.10
80J  No  L 362 ,  23.12.1978, p.7
 ---pagebreak--- HAS ADOPTED THIS DIRECTIVE
                                 Article 1
The provisions of Article 9 ( l) and. ( 2) of Directive 75/362/EECf
                     Article 4 of Directive 77/452/EEC f . Article 7 ( l )
and ( 2 ) of Directive 78/686/EEC and Article 4 of Directive 78/IO26/EEC
shall also apply to the diplomas , certificates and other evidence of
formal qualifications which are evidence of       training which does not meet
the minimum training requirements provided for respectively in Articles 1 ,
2 , 3 , 4 and. 5 of Directive 75/363/EEC , Article 1 of Directive 77/453/EEC ,
Articles 1 , 2 and 3 of Directive 78/687/EEC and Article 1 of Directive
78/1027/EEC and which was completed after the implementation of these
Directives       but      had been commenced before the said implementation .
                                 Article 2
Member States shall take , aii the measures necessary to comply with
this Directive by 30 June 19a^ at the Latest .     Tney snail forthwith
inform the Commission thereof .
                                Article 3
This Directive is addressed to the Member States .
Done at Brussels ,                               For the Council