Committee Reports > List of Committees > Joint > 1978 > Committee on the Secondary Legislation of the European Communities > Report No. 26 - Right of Establishment and Freedom to Provide Services by Veterinary Surgeons

REPORT

Introduction

1. The Joint Committee has examined revised proposals for two Council Directives concerning the right of establishment and the provision of services for the activities of veterinary surgeons [R/864/77 (ES 44)]. It has also, considered a related proposal for a Council Decision to set up an advisory committee on veterinary training [R/858/78 (ES 38)].

2. The Committee understands that consideration of these proposals by a Council Working Party has been completed and that the proposals are now with COREPER. It seems likely that the proposals will come before the Council in the near future.

3. The draft Directives replace earlier proposals which had to be revised following the decisions of the Court of Justice in the Reyners [2/74 (1974) ECR 631] and Van Binsbergen [33/74 (1974) ECR 1299] Cases. The effect of these judgments is dealt with in the thirty-fifth report of the Joint Committee’s predecessor (Prl. 5591).

Scope of Proposals

4. One draft Directive provides for the mutual recognition of professional qualifications of veterinary surgeons. The second draft Directive specifies standards for the training of aspiring veterinary surgeons.

5. In regard to veterinary surgeons permanently transferring to another Member State there are provisions dealing with the furnishing of evidence of character and health where such are required by the host country of its own nationals. There are also provisions dealing with the furnishing by Member States of information regarding professional misconduct or criminal offences.

6. Veterinary surgeons providing services in a Member State other than their own would be exempt from the necessity of registration with the appropriate professional body in the host country. They would, however, be required to inform the competent authorities and provide appropriate evidence of qualifications.

7. In relation both to the right of establishment and the provision of services there are provisions relating to the use of the professional title and the furnishing by Member States to persons concerned of information on veterinary laws and professional ethics. Where necessary, Member States would also be obliged to ensure that veterinary surgeons availing of their rights acquire the necessary linguistic knowledge.

8. The proposed Council Decision seeks to establish an advisory Committee on which three experts from each Member State would serve and which would be charged with ensuring that there is a comparably demanding standard of veterinary training in each Member State.

Views of the Joint Committee

9. As the Joint Committee understands the position in light of the judgments of the Court of Justice, the right of a national of a Member State to take up employment, or set up as a self-employed person or provide services anywhere in the Community is a fundamental one which arises directly from the provisions of the Treaty of Rome. Moreover, that Treaty clearly obliges the Council to adopt appropriate legislation to ensure that these rights can be effectively exercised. The Joint Committee has, therefore, no objections in principle to the proposals regarding veterinary surgeons and is concerned merely with ensuring that the interests of Irish veterinary surgeons are protected as far as possible.

10. It had been suggested to the Joint Committee that the proposals, if adopted, would give British Commonwealth veterinary surgeons, who qualified outside the United Kingdom, the right to practise freely in this country if they succeeded in being registered in the British register. The Committee understands, however, that the proposed Directive is to be amended to ensure that this right will be confined to those who graduate in United Kingdom universities. The Joint Committee welcomes this amendment.

11. The Veterinary Council has informed the Joint Committee that in the case of the provision of services it would favour temporary registration to ensure that disciplinary action could be taken in the event of unprofessional or unethical conduct by the person providing the service. The Joint Committee is not averse to this suggestion but doubts if it is likely to be acceptable having regard to the legislation already adopted in regard to other professions. However, the Committee would be surprised if such conduct could not be penalised by the withdrawal of the right to provide services in the host country and it trusts that this aspect will be examined.

12. The Joint Committee welcomes the proposed establishment of an advisory committee. In maintaining a high standard of veterinary training in the community the advisory Committee should ensure a degree of flexibility in regard to qualifications which is desirable.

Bodies Consulted

13. The Joint Committee consulted the Irish Veterinary Council and the Irish Veterinary Union in regard to the proposals. It wishes to record its appreciation of and express its thanks for the assistance it received.

(Signed) MARK CLINTON,

Chairman of the Joint Committee.

8th November, 1978.