Progress: Procedure completed
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Former Responsible Committee | JURI | FONTAINE Nicole ( PPE) | |
Former Responsible Committee | JURI | FONTAINE Nicole ( PPE) |
Lead committee dossier:
Legal Basis:
EC before Amsterdam E 049, EC before Amsterdam E 057-p1/2, EC before Amsterdam E 066
Legal Basis:
EC before Amsterdam E 049, EC before Amsterdam E 057-p1/2, EC before Amsterdam E 066Subjects
Events
While welcoming the generally positive result of the conciliation (on all three points under discussion, namely: qualifications awarded by third countries to Community nationals, the role of the Advisory Committee on Medical Training and comitology), the rapporteur mentioned the problems still to be resolved. In particular the problem of the equivalence of medical qualifications obtained outside the European Union (an issue on which the Commission had agreed to annex a declaration to the joint conciliation text) needed to be resolved within the more general framework of the system of mutual recognition of diplomas. The same applied to the issue of the numerus clausus which threatened to arise more and more frequently as professionals became increasingly mobile within the Community. Commissioner Brittan agreed with the rapporteur’s assessment of the conciliation results and confirmed that the Commission’s declaration on the need to ensure the equivalence of medical qualifications awarded outside the EU could be regarded as the first step towards solving the problem.
The rapporteur, Mrs Fontaine (EPP, F), was critical of the fact that the common position of the Council had only retained the editorial aspects of the amendments drawn up by Parliament. She took the view that nothing inordinate had been demanded at first reading, since the aim had been to adopt a dynamic approach to the issue of the free movement of doctors. As a result the Committee on Legal Affairs, by way of Amendment No 1, had reaffirmed its preference for a management committee (procedure IIb) instead of a regulatory committee; under Amendment No 2 it had restored the Consultative Committee for the training of doctors; finally, Amendment No 3 focused on the question of nationals from Member States who held diplomas awarded by third countries. While recognising that in its initial proposal the Commission has suggested setting-up a management committee, Commissioner Monti declared that his institution would finally accept the Council position; this would essentially mean rejecting Amendments Nos 1 and 4. As far as Amendments Nos 2 and 3 were concerned, the Commission shared Parliament’s views on the role of the committee responsible for doctors’ training and for the recognition of training qualifications acquired outside the EU. In conclusion, however, the Commissioner stressed that the Commission intended to abide by the common position of the Council, as this was well-balanced, comprehensive and legally correct.
Mrs FONTAINE recalled the precedents to the draft Directive, in particular the legislation of April 1993. It was precisely the absence from this last Directive of rules on comitology that was the subject of Amendment No 1, which referred to the agreement on comitology of the previous December. Furthermore, Mrs Fontaine felt that the Directive should include a reference to the involvement of members of the industry in the management committees. Commissioner MONTI stated that he could take over the amendments on the scope of implementation (Amendments Nos 4, 5, 6 and 7). He could also take over Amendment No 1 as it referred to the ‘modus vivendi’ relating to comitology. However, according to the Commissioner, Amendment No 2, which implied almost automatic recognition of qualifications awarded in third countries, would pose difficulties for certain Member States. In addition, the recognition in question was not directly linked to the proposal. As a result, Amendment No 2 could not be taken over. Nor could Amendment No 3, because by seeking to require that the Commission consult the committees of experts appointed by the Member States (before consulting the Committee of Senior Officials on Public Health) it extended the comitology procedure; even the Council would be involved, which would completely contradict the flexible nature of the committee procedure. Amendments Nos 8, 9 and 10 were rejected as they posed the same problem, in relation to the ‘arrangements’, as Amendment No 3, which related to the ‘grounds’.
The ESC noted that the authorisation for the Commission to ‘amend’ the said articles was more extensive than the aim of the draft, namely ‘a more efficient updating of certain articles’ warranted. It doubted, first of all, the basis in Community law for this authorisation to ‘amend’, since under Article 145 of the EC Treaty ‘the Council shall confer on the Commission, in the acts which the Council adopts, powers for the implementation of the rules which the Council lays down’. However, when using such powers, the Commission could neither amend nor supplement the legal acts of the Council to be implemented. The ESC pointed out that the ‘updating’ of qualifications was not only a technical or drafting question of inclusion in the catalogue; in individual cases it entailed an evaluation of qualitative and substantive conformity with the relevant specialisations. The ESC regarded it as necessary to involve the ‘Advisory Committee for further medical training’ in the procedure. It was inadequate for the matter to be left to the ‘Committee of Senior Officials for Public Health’. It was therefore necessary for the Standing Committee of European Doctors, as the federation of national organisations at European level, to be asked for its opinion in all procedures. Moreover, the Commission should be urged to ensure, when a draft Directive was being drawn up, that the Member States’ authorities responsible for further training took account of the views of the national medical profession. The ESC recommended examination of the question of whether the present system of individual references to the extremely varied descriptions of specialisations used in the individual Member States could not be replaced by a more simple system of mutual recognition of main specialisations and associated ‘sub-specialisations’. To this end, the ESC proposed that when it took a decision on the draft Directive under review, the Council should instruct the Commission to request the Standing Committee of European Doctors to produce a proposal on the further development of the mutual recognition arrangements for specialist medical qualifications, with the aim of improving freedom of establishment and freedom to provide services.
Documents
- Final act published in Official Journal: Directive 1997/50
- Final act published in Official Journal: OJ L 291 24.10.1997, p. 0035
- Text adopted by Parliament, 3rd reading: OJ C 286 22.09.1997, p. 0177-0207
- Text adopted by Parliament, 3rd reading: T4-0384/1997
- Decision by Parliament, 3rd reading: T4-0384/1997
- Debate in Parliament: Debate in Parliament
- Report tabled for plenary by Parliament delegation to Conciliation Committee, 3rd reading: A4-0246/1997
- Report tabled for plenary by Parliament delegation to Conciliation Committee, 3rd reading: OJ C 286 22.09.1997, p. 0009
- Report tabled for plenary, 3rd reading: A4-0246/1997
- Joint text approved by Conciliation Committee co-chairs: 3615/1997
- Joint text approved by Conciliation Committee co-chairs: 3615/1997
- Commission opinion on Parliament's position at 2nd reading: EUR-Lex
- Commission opinion on Parliament's position at 2nd reading: COM(1996)0638
- Text adopted by Parliament, 2nd reading: OJ C 347 18.11.1996, p. 0020-0031
- Text adopted by Parliament, 2nd reading: T4-0508/1996
- Decision by Parliament, 2nd reading: T4-0508/1996
- Debate in Parliament: Debate in Parliament
- Committee recommendation tabled for plenary, 2nd reading: A4-0269/1996
- Committee recommendation tabled for plenary, 2nd reading: OJ C 320 28.10.1996, p. 0004
- Committee recommendation tabled for plenary, 2nd reading: A4-0269/1996
- Commission communication on Council's position: EUR-Lex
- Commission communication on Council's position: SEC(1996)1367
- Council position: 07550/1/1996
- Council position: OJ C 248 26.08.1996, p. 0071
- Council position published: 07550/1/1996
- Modified legislative proposal: EUR-Lex
- Modified legislative proposal: OJ C 028 01.02.1996, p. 0007
- Modified legislative proposal: COM(1995)0437
- Modified legislative proposal published: EUR-Lex
- Modified legislative proposal published: COM(1995)0437
- Text adopted by Parliament, 1st reading/single reading: OJ C 183 17.07.1995, p. 0017-0024
- Text adopted by Parliament, 1st reading/single reading: T4-0326/1995
- Decision by Parliament, 1st reading: T4-0326/1995
- Debate in Parliament: Debate in Parliament
- Committee report tabled for plenary, 1st reading/single reading: A4-0099/1995
- Committee report tabled for plenary, 1st reading/single reading: OJ C 151 19.06.1995, p. 0003
- Committee report tabled for plenary, 1st reading: A4-0099/1995
- Economic and Social Committee: opinion, report: CES0316/1995
- Economic and Social Committee: opinion, report: OJ C 133 31.05.1995, p. 0010
- Legislative proposal: EUR-Lex
- Legislative proposal: OJ C 389 31.12.1994, p. 0019
- Legislative proposal: COM(1994)0626
- Legislative proposal published: EUR-Lex
- Legislative proposal published: COM(1994)0626
- Legislative proposal: EUR-Lex OJ C 389 31.12.1994, p. 0019 COM(1994)0626
- Economic and Social Committee: opinion, report: CES0316/1995 OJ C 133 31.05.1995, p. 0010
- Committee report tabled for plenary, 1st reading/single reading: A4-0099/1995 OJ C 151 19.06.1995, p. 0003
- Text adopted by Parliament, 1st reading/single reading: OJ C 183 17.07.1995, p. 0017-0024 T4-0326/1995
- Modified legislative proposal: EUR-Lex OJ C 028 01.02.1996, p. 0007 COM(1995)0437
- Council position: 07550/1/1996 OJ C 248 26.08.1996, p. 0071
- Commission communication on Council's position: EUR-Lex SEC(1996)1367
- Committee recommendation tabled for plenary, 2nd reading: A4-0269/1996 OJ C 320 28.10.1996, p. 0004
- Text adopted by Parliament, 2nd reading: OJ C 347 18.11.1996, p. 0020-0031 T4-0508/1996
- Commission opinion on Parliament's position at 2nd reading: EUR-Lex COM(1996)0638
- Joint text approved by Conciliation Committee co-chairs: 3615/1997
- Report tabled for plenary by Parliament delegation to Conciliation Committee, 3rd reading: A4-0246/1997 OJ C 286 22.09.1997, p. 0009
- Text adopted by Parliament, 3rd reading: OJ C 286 22.09.1997, p. 0177-0207 T4-0384/1997
History
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