24. 9. 85 Official Journal of the European Communities No L 253/37 COUNCIL DIRECTIVE of 16 September 1985 concerning the mutual recognition of diplomas, certificates and other evidence of formal qualifications in pharmacy, including measures to facilitate the effec- tive exercise of the right of establishment relating to certain activities in the field of pharmacy (85/433/EEC) " THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Articles 49 and 57 thereof, Having regard to the proposal from the Commis- sion ('), Having regard to the opinion of the European Parli- ament (%), Having regard to the opinion of the Economic and Social Committee (3), Whereas, pursuant to the Treaty, all discriminatory treatment based on nationality with regard to estab- lishment and provision of services is prohibited as from the end of the transitional period ; whereas the principle of such treatment based on nationality applies, in particular, to the grant of any authorization required for the practice of certain activities, and also to registration with or membership of professional organizations or bodies; Whereas it nevertheless seems desirable that certain provisions be introduced to facilitate the effective exer- cise of the right of establishment; Whereas, pursuant to Article 54 (3) (h) of the Treaty, the Member States are required not to grant any form of aid likely to distort the conditions of establishment ; Whereas Article 57 (1) of the Treaty provides that Directives be adopted for mutual recognition of diplomas, certificates and other evidence of formal qualifications ; Whereas, in view of the present disparities in training in pharmacy given in the Member States, it is neces- sary to lay down certain coordinating provisions to enable the Member States to introduce mutual recog- nition of diplomas, certificates and other evidence of formal qualifications; whereas such coordination has been established by Council Directive 85/432/EEC of 16 September 1985, concerning the coordination of provisions laid down by law, regulation or administra- () OJ No C 35, 18. 2. 1981, p. 6 and O] No C 40, 18. 2. 1984, p. 4. (® OJ No C 277, 17. 10. 1983, p. 160. () OJ No C 230, 10. 9. 1981, p. 10. tive action in respect of certain activities in the field of pharmacy (*) ; Whereas in certain Member States access to certain activities in the field of pharmacy is, apart from the award of the relevant diploma, certificate or other formal qualification, subject to the requirement of additional professional experience; whereas, since there is as yet no convergence of views among the Member States on this point, it is advisable, in order to obviate any difficulties, to recognize as a sufficient condition appropriate practical experience of equal duration acquired in another Member State ; Whereas, under their national policies in the sphere of public health, which seek inter alia to ensure the satisfactory dispensing of medicinal products over their entire territories, certain Member States restrict the number of new pharmacies that may be establi- shed, while others have adopted no such provisions; whereas in these circumstances it is premature to provide that the effects of the recognition of diplomas, _ certificates and other evidence of formal qualifications in pharmacy must also extend to the pursuit of the activities of pharmacist as the controller of a pharmacy open to the public for less than three years; whereas this problem must be re-examined by the Commission and the Council within a certain period; Whereas, with regard to the possession of a formal certificate of training, since a Directive on the mutual recognition of diplomas does not necessarily imply equivalence in the training covered by such diplomas, the use of such qualifications should be authorized only in the language of the Member State of origin or of the Member State from which the foreign national comes ; Whereas, to facilitate the application of this Directive by the national authorities, Member States may pres- cribe that, in addition to formal certificates of training, the person who satisfies the conditions of training required by this Directive must provide a certificate from the competent authorities of his country of" origin or of the country from which he comes stating that these certificates of training are those covered by the Directive ; () See page 34 of this Official Journal.