EEC concerning the professions of nurse responsible for general care, dental practitioner, veterinary surgeon, midwife, architect, pharmacist and doctor - Main contents

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dossier	COM(1997)638 - Amendment of Directives 89/48/EEC and 92/51/EEC on the general system for the recognition of professional qualifications and ...
document	COM(1997)638
date	May 14, 2001

(1) On 16 February 1996 the Commission gave the European Parliament and the Council its Report on the state of application of the general system for the recognition of higher-education diplomas made in accordance with Article 13 of Council Directive 89/48/EEC of 21 December 1988 on a general system for the recognition of higher-education diplomas awarded on completion of professional education and training of at least three years' duration(4). In this Report the Commission undertook to examine the possibility of incorporating into that Directive the obligation to take into consideration, when examining applications for recognition, experience gained following the award of the qualification in question, the possibility of introducing the concept of 'regulated education and training'. The Commission also undertook to examine the arrangements whereby the role of the Coordinating Group set up by Article 9(2) of Directive 89/48/EEC could be developed in order to ensure more uniform application and interpretation of the Directive.

(2) The concept of regulated education and training, introduced by Council Directive 92/51/EEC of 18 June 1992 on a second general system for the recognition of professional education and training to supplement Directive 89/48/EEC(5) (both Directives being hereinafter referred to as the 'general system Directives'), should be extended to the initial general system and should be based on the same principles by applying to it the same rules; it should be left to the individual Member States to choose the means of defining professions covered by regulated education and training.

(3) The general system Directives permit the host Member State to require, subject to certain conditions, the applicant to take compensation steps, notably where substantial differences exist between the theoretical and/or practical education and training undergone and that covered by the qualification required in the host Member State; under Articles 39 and 43 of the Treaty, as interpreted by the Court of Justice of the European Communities(6), the host Member State must assess whether professional experience is sufficient in order to prove possession of the knowledge which is lacking; in the interests of clarity and legal certainty for individuals wishing to practise their profession in another Member State, it is desirable to incorporate into the general system Directives the requirement that the host Member State has to examine whether the professional experience gained by the applicant since obtaining his qualification(s) covers the subjects referred to above.

(4) The coordination procedure provided for by the general system Directives should be improved and simplified by enabling the Coordinating Group to adopt and publish opinions on questions referred to it by the Commission that relate to the practical application of the general system.

(5) In its Communication to the European Parliament and the Council on the SLIM initiative, the Commission undertook to present proposals aimed at simplifying the updating of the lists of qualifications eligible for automatic recognition. 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(7) provides for a simple procedure in the case of general practitioners' qualifications; experience has shown that the procedure affords sufficient legal certainty; it is desirable to extend it to qualifications held by nurses responsible for general care, dental practitioners, veterinary surgeons, midwives, pharmacists and doctors as referred to in Council Directives 77/452/EEC(8), 77/453/EEC(9), 78/686/EEC(10), 78/687/EEC(11), 78/1026/EEC(12), 78/1027/EEC(13), 80/154/EEC(14), 80/155/EEC(15), 85/432/EEC(16), 85/433/EEC(17) and 93/16/EEC (hereinafter referred to as the 'sectoral Directives') respectively.

(6) According to the case-law of the Court of Justice of the European Communities, Member States are not required to recognise diplomas, certificates and other evidence of formal qualifications which do not testify to training acquired in one of the Member States of the Community(18). However, Member States should take into account professional experience gained by the person concerned in another Member State(19). That being so, it should be stipulated in the sectoral Directives that recognition by a Member State of a diploma, certificate or other evidence of formal qualification awarded to a nurse responsible for general care, dental practitioner, veterinary surgeon, midwife, architect, pharmacist or doctor on completion of education and training in a third country and professional experience gained by the person concerned in a Member State constitute Community elements which the other Member States should examine.

(7) The period within which Member States are to reach a decision on applications for recognition of diplomas, certificates and other evidence of formal qualifications obtained by nurses responsible for general care, dental practitioners, veterinary surgeons, midwives, architects, pharmacists or doctors in a third country should be stipulated.

(8) Lifelong learning has been made especially important in the area of medicine by the rapid advances in technical and scientific progress. It is up to the Member States to decide how to ensure, by suitable continuing training after completion of studies, that doctors maintain their knowledge of progress in medicine. The present system of mutual recognition of professional qualifications remains unchanged.

(9) The applicant must have right of appeal under national law if his application is rejected or if a decision is not reached within the stipulated period. Member States are to state their reasons for such decisions taken regarding the recognition of diplomas, certificates and other evidence of formal qualifications held by nurses responsible for general care, dental practitioners, veterinary surgeons, midwives, architects, pharmacists or doctors; where a Member State decides to recognise a diploma, certificate or other evidence of formal qualifications, it should be free to choose whether or not to state the reasons.

(10) For reasons of fairness, transitional measures should be taken in respect of certain dental practitioners in Italy who hold diplomas, certificates or other evidence of formal qualifications in medicine awarded in Italy but on completion of medical training begun after the deadline stipulated in Article 19 of Directive 78/686/EEC.

(11) Article 15 of Directive 85/384/EEC(20) provides for a derogation during a transitional period that has now expired, that provision should be deleted.

(12) There should be a clear distinction in Article 24 of Directive 85/384/EEC between the formalities to be completed in the case of establishment and those to be completed in the case of provision of services, thereby rendering more effective the exercise of the freedom to provide services as an architect.

(13) For reasons of equality of treatment, transitional measures should be provided for in respect of certain holders of diplomas, certificates and other evidence of formal qualifications in pharmacy awarded in Italy on completion of training that does not fully comply with Directive 85/432/EEC.

(14) It is desirable to extend the scope of mutual recognition of diplomas, certificates and other evidence of formal qualifications in pharmacy in order to facilitate effective exercise of the right of establishment between Greece and the other Member States. Therefore, the derogation provided for in Article 3 of Directive 85/433/EEC should be deleted.

(15) In its Report on specific training in general medical practice provided for by Title IV of Directive 93/16/EEC, the Commission recommended that the requirements applying to part-time training in general medical practice should be brought into line with those applying to other medical specialists.

(16) The general system Directives and the sectoral Directives, should be amended.