31975Y0701(01)

COUNCIL STATEMENTS made on adopting the texts concerning freedom of establishment and freedom to provide services for doctors within the Community

A. Statements regarding the Directive 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 (question of good character and good repute) 1. Council statement re Article 12

"The Council notes that in order to apply Article 12 Member States agree to observe the principle that, except for cases relating to acts committed in its own territory, the host Member State may not suspend or withdraw the right of establishment unless the particulars communicated by the Member State of origin or Member State from which the foreign national comes include penalties which deprive the person concerned, temporarily or permanently, of his right to pursue his activity in that country."

2. Council statement re Article 22

"If a Member State which has been requested to recognize the diplomas, certificates or other evidence of formal qualifications issued by an institution of another Member State has serious doubts whether those diplomas, certificates or other evidence of formal qualifications are based on training which complies with the minimum standards laid down by Directive 75/362/EEC of 16 June 1975, it shall be incumbent on the said Member State to inform the Commission thereof. The Commission shall examine the matter as soon as possible and shall confirm, if such is the case, to the Member States concerned that the training standards have been complied with."

B. Statement on hospital doctors:

"THE COUNCIL,

Having regard to the fact that according to Article 48 (4) of the EEC Treaty the provisions relating to the freedom of movement of workers do not apply to employment in the public service;

Whereas in certain Member States doctors employed in public hospitals have the status of public servants ; and whereas they appear for this reason to be affected by the provisions of Article 48 (4) of the EEC Treaty;

Desirous, nevertheless, of facilitating the mobility of doctors within the Community, whatever the status governing their activity;

Having regard to the resolution of the European Parliament on the definition of the concepts "public service" and "official authority" in the Member States and the effects of this definition on the application of Articles 48 (4) and 55 of the Treaty establishing the EEC, and in particular point 11 thereof;

Having regard to the judgement of the Court of Justice of 21 June 1974 in case No 2/74,

NOTES:

That where in a Member State the practice of the medical profession in a public hospital carries with it the status of public servant, that Member State shall, with a view to facilitating the mobility of professional persons in this sector, and this within three years at the latest after the adoption by the Council of Directives 75/362/EEC of 16 June 1975 and 75/363/EEC of 16 June 1975, undertake to enable nationals of the other Member States to take up this activity, if necessary under special conditions of employment;

Notwithstanding the nature of these special conditions, nationals of the other Member States shall have access to this activity and may practise it under the same conditions and with rights having equivalent effect to those of nationals in that professional field in the host country;

With regard to requirements as to competence, however, the Member States concerned shall take account of the special qualifications acquired by the person concerned as well as of the practice he has had in the Member States, both being vouched for by a certificate issued for this purpose;

This undertaking shall not extend to the activity of a hospital doctor which involves high-level administrative duties or which includes activities which are connected, even occasionally, with the exercise of official authority,

CALLS UPON:

The Commission to submit to it, four years after the adoption of these Directives, a report on the implementation by the Member States of this undertaking and, where appropriate, to submit suitable suggestions."