(Codecision procedure: second reading)

The European Parliament,

-  having regard to the Council common position (5l03/3/2000 - C5-0162/2000 )(1) ,

-  having regard to its position at first reading(2) on the Commission proposal to Parliament and the Council (COM(1997) 638 )(3) ,

-  having regard to Article 251(2) of the EC Treaty,

-  having regard to Rule 80 of its Rules of Procedure,

-  having regard to the recommendation for second reading of the Committee on Legal Affairs and the Internal Market (A5-0174/2000 ),

1.  Amends the common position as follows;

2.  Instructs its President to forward its position to the Council and Commission.

Council common position   Amendments by Parliament (Amendment 1) Recital 5a (new) (5a) All the Union's endeavours to achieve better and more transparent law making will fail if the outcome of such law making, i.e. a consolidated version of the legal texts in force at the time, remains hidden from the citizen or is accessible only with an unacceptable degree of effort that even specialists find hard. The institutions are still urged therefore to make available to everyone easily accessible consolidated versions of legal texts. (Amendment 2) Recital 6a (new) (6a) The recognition of diplomas, certificates and other evidence of formal qualifications acquired in a third country and of professional experience gained in third countries remains an urgent problem. As this issue has far-reaching implications, the Commission is called on to draw up without delay sectoral studies and to submit appropriate legislative proposals in the light of its findings. (Amendment 3) Recital 7a (new) (7a) Lifelong learning has been made especially important by the rapid advances in technical and scientific progress in the area of medicine. Continuing training must consequently be a component of qualifications. (Amendment 4) Recital 12    (12) According to the case-law of the Court of Justice of the European Communities(1 ) , for reasons of fairness, transitional measures should be applied in Italy in respect of certain holders of diplomas, certificates and other evidence of formal qualifications in pharmacy awarded on completion of training that does not fully comply with Directive 85/432/EEC . ______________ (1 ) C-307/94 (Commission/Italy) [1996[ ECR I-1011.    (12) For reasons of equality of treatment, transitional measures should be applied in Italy in respect of certain holders of diplomas, certificates and other evidence of formal qualifications in pharmacy awarded on completion of training that does not fully comply with Directive 85/432/EEC . (Amendment 6) ARTICLE 1(-1) (new) Article 1(a), 2nd indent (Directive 89/48/EEC )    - 1. In Article 1, the second indent of point (a) shall be replaced by the following: "- which shows that the holder has successfully completed a post-secondary course of at least three years" duration, or of an equivalent duration part-time, at a university or establishment of higher education or another establishment of equivalent level and, where appropriate, that he has successfully completed the professional training required in addition to the post-secondary course, and” (Amendment 5) ARTICLE 1(1) Article 1(da), 2nd indent (Directive 89/48/EEC )    - comprises a post-secondary course of at least three years" duration, or an equivalent duration part-time, at a university or establishment of higher education or another establishment of similar level and, where appropriate, the professional training, professional traineeship or professional practice required in addition to the post-secondary course; the structure and level of the professional training, professional traineeship or professional practice shall be determined by the laws, regulations or administrative provisions of the Member State concerned or monitored or approved by the authority designated for that purpose.    - comprises a post-secondary course of at least three years" duration, or an equivalent duration part-time, at a university or establishment of higher education or another establishment of equivalent level and, where appropriate, the professional training, professional traineeship or professional practice required in addition to the post-secondary course; the structure and level of the professional training, professional traineeship or professional practice shall be determined by the laws, regulations or administrative provisions of the Member State concerned or monitored or approved by the authority designated for that purpose. (Amendment 11) ARTICLE 12 Article 2(6) (Directive 85/432/EEC )    6. As a transitional measure and by way of derogation from paragraphs 3 and 5, Italy, whose laws, regulations and administrative provisions prescribed training which was not brought fully into line with the training requirements laid down in this Article by the deadline stipulated in Article 5 of this Directive, may continue to apply those provisions to persons who commenced their training in pharmacy on 31 October 1993 at the latest .    6. As a transitional measure and by way of derogation from paragraphs 3 and 5, Italy, whose laws, regulations and administrative provisions prescribed training which was not brought fully into line with the training requirements laid down in this Article by the deadline stipulated in Article 5 of this Directive, may continue to apply those provisions to persons who commenced their training in pharmacy before 1 November 1993 and concluded it before 1 November 2003 . Each host Member State shall be authorised to require that holders of diplomas, certificates and other evidence of formal qualifications in pharmacy awarded in Italy on completion of training commenced before 1 November 1993 produce, together with their qualifications, a certificate stating that, for at least three consecutive years during the five years prior to the issue of the certificate, they were effectively and lawfully engaged in one of the activities referred to in Article 1(2) insofar as such activity is regulated in Italy. Each host Member State shall be authorised to require that holders of diplomas, certificates and other evidence of formal qualifications in pharmacy awarded in Italy on completion of training commenced before 1 November 1993 and concluded before 1 Nov ember 2003 produce, together with their qualifications, a certificate stating that, for at least three consecutive years during the five years prior to the issue of the certificate, they were effectively and lawfully engaged in one of the activities referred to in Article 1(2) insofar as such activity is regulated in Italy. (Amendment 7) ARTICLE 14(8a) (new) Article 24(1)(ba) (new) (Directive 93/16/EEC ) 8a. In Article 24(1), the following point shall be added: "(ba) it includes adequate knowledge of general medical practice;” (Amendment 9) ARTICLE 14(9a) (new) Article 30 (Directive 93/16/EEC ) 9a. Article 30 shall be replaced by the following: "Article 30 Each Member State which dispenses the complete training referred to in Article 23 within its territory shall institute specific training in general medical practice meeting requirements at least as stringent as those laid down in Articles 31 and 32, in such a manner that the first diplomas, certificates or other evidence of formal qualifications awarded on completion of the course are issued not later than three years after the entry into force of this Directive.” (Amendment 8) ARTICLE 14(9b) (new) Article 31(1)(b) (Directive 93/16/EEC ) 9b. In Article 31(1), point (b) shall be replaced by the following: "(b) it shall be a full-time course lasting at least three years, and shall be supervised by the competent authorities or bodies. " (Amendment 10) ARTICLE 14(9c) (new) Article 31(1)(da) (new) (Directive 93/16/EEC ) 9c. In Article 31(1), the following point shall be added: "(da) In addition, evidence must be produced of regular participation in periods of continuing training, at intervals which must be consistent with progress in medicine.”

(1) OJ C 119, 27.4.2000, p. 1. (2) OJ C 226, 20.7.1998, p. 19. (3) OJ C 28, 26.1.1998, p. 1.