BAKGRUNN (fra kommisjonsbeslutningen)

(1) Annex V to Directive 2005/36/EC contains lists of the evidence of formal qualifications of doctors of medicine, specialist doctors, nurses responsible for general care, dental practitioners, specialist dental practitioners, veterinary surgeons, midwives, pharmacists and architects. 

(2) Article 21a(1) of that Directive requires Member States to notify to the Commission any legislative, regulatory and administrative provisions that Member States adopt for issuing evidence of formal qualifications benefiting from automatic recognition. The Commission then evaluates these submissions against agreed minimum training standards. 

(3) The Commission has assessed the notifications from Member States and concluded that amended provisions notified by Member States comply with the conditions set out in Articles 24, 25, 28, 31, 34, 35, 38, 40, 41, 44 and 46 of Directive 2005/36/EC. The outcome of the assessment of those notifications is reflected in this Decision, in the amendments to Annex V to Directive 2005/36/EC. 

(4) In accordance with Article 26 of Directive 2005/36/EC, this Decision introduces sports medicine as a new category of specialist medical training under point 5.1.3 of Annex V to that Directive. Titles in sports medicine for 11 Member States are included in that new category. Those qualifications meet the requirements for specialist medical training set out in Article 25 and share a minimum training duration of 4 years. 

(5) Commission Delegated Decision (EU) 2023/2383 introduced for France under point 5.1.3 of Annex V to Directive 2005/36/EC, the title ‘Chirurgie orale’ under the medical specialty of ‘Dental, oral and maxillo-facial surgery (basic medical and dental training)’. Commission Delegated Decision (EU) 2020/548 introduced for France under point 5.1.1 of Annex V to Directive 2005/36/EC, the evidence of formal qualifications ‘Diplôme de formation approfondie en sciences médicales’ and the certificate accompanying the qualifications ‘Certificat de compétence clinique’. Under point 5.3.2 of Annex V to Directive 2005/36/EC, the same Delegated Decision included the evidence of basic formal qualifications of dental practitioners the ‘Diplôme de formation approfondie en sciences odontologiques’ and as certificate accompanying the evidence of qualifications the ‘Certificat de synthèse clinique et thérapeutique’. These titles, evidence of formal qualifications and certificates accompanying the qualifications should not have been added to Directive 2005/36/EC. Thus, they should be removed from points 5.1.1, 5.1.3 and 5.3.2 of Annex V to Directive 2005/36/EC. 

(6) In the past, Latvia notified the title ‘Mutes, sejas un žokļu ķirurģija’ under the medical specialty ‘maxillo-facial surgery (basic medical training)’ under point 5.1.3 of Annex V to Directive 2005/36/EC. In a new notification Latvia indicated that this title should be removed from that part of point 5.1.3 and added instead to the medical specialty ‘Dental, oral and maxilla-facial surgery (basic medical and dental training)’. Thus, the title ‘Mutes, sejas un žokļu ķirurģija’ should be moved under the medical specialty ‘Dental, oral and maxilla-facial surgery (basic medical and dental training)’ under point 5.1.3 of Annex V to Directive 2005/36/EC. 

(7) Annex V to Directive 2005/36/EC should therefore be updated. For reasons of clarity and legal certainty, all relevant points of Annex V to Directive 2005/36/EC on the evidence of formal qualifications and titles of training courses should be replaced. (8) Directive 2005/36/EC should therefore be amended accordingly,