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20 Amendments of Ivan ŠTEFANEC related to 2016/0402(COD)

Amendment 81 #
Proposal for a directive
Title 1
Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the legal and operational framework of the European services e-card introduced by Regulation ....[ESC Regulation].... (Text with EEA relevance) and for the coordination of provisions concerning the freedom of establishment and the freedom to provide certain services
2017/12/01
Committee: IMCO
Amendment 154 #
Proposal for a directive
Article 5 – paragraph 5
5. Paragraphs 1, 2 and 3 are without prejudice to reporting obligations imposed on the holder of a European services e-card or the performance of checks, inspections or investigations from competent authorities during the provision of the service, in compliance with EU law. During the checks, authorities competent for inspections or investigations shall take into account the European services e– card as a proof of completion of the requirements foreseen in a European services e–card.
2017/12/01
Committee: IMCO
Amendment 174 #
Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – point c
(c) verify whether European services e- cards issued in relation to other home Member States for the same provider and service activityies have been revoked or cancelled, or that cancelation has been requested to allow replacement of those e- cards by the European services e-card to which the application refers to;
2017/12/01
Committee: IMCO
Amendment 184 #
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 2
The host Member State shall take due account in that assessment of the requirements that the applicant already meets in its home Member States. For the purpose of that assessment and within the above-mentioned time-limit, the coordinating authority of the host Member State shall be allowed to request necessary clarifications or necessary additional information from the home Member State or the applicant which is not yet contained in the application. In that case, the time limit referred to in this paragraph is suspended until the requested necessary clarification or necessary additional information is supplied. If the host Member State finds that the requirements already met by the applicant in its home Member State sufficiently fulfil the purpose of the requirement imposed by the host Member State, the host Member State cannot object the European services e-card. The procedure for requesting clarifications or additional information will be laid down by way of the delegated acts referenced in paragraph 4.
2017/12/01
Committee: IMCO
Amendment 191 #
Proposal for a directive
Article 12 – paragraph 3 – subparagraph 1
If the host Member State does not object in accordance with paragraph 1, the coordinating authority of the home Member State shall issue the European services e-card without delay upon expiration of the extended time-limit resulting from the application of paragraph 2. In the absence of any objection under the second subparagraph of paragraph 1Member States shall ensure that, upon reception of the information mentioned in the first and second subparagraph of paragraph 1, the coordinating authority of the home Member State issues, without delay, the European Services Card. In the absence of any objection by the coordinating authority of the host Member State and failing a decision by the coordinating authority of the home Member State upon expiration of the extended time-limit resulting from the application of paragraph 2, the European services e-card shall be deemed to have been issued by the home Member State in the terms communicated to the host Member State in accordance with Article 11(2).
2017/12/01
Committee: IMCO
Amendment 197 #
Proposal for a directive
Article 13 – paragraph 1 – subparagraph 2
TUpon deciding to impose requirements under its national law in accordance with the preceding subparagraphs, the host Member State shall immediately inform the applicant and the coordinating authority of the home Member State of the prior authorisation or prior notification scheme in question, thelisting its conditions which the applicant is required to comply with and of the necessity and proportionality thereof, in accordance with Union law.
2017/12/01
Committee: IMCO
Amendment 199 #
Proposal for a directive
Article 13 – paragraph 3 – subparagraph 1
Upon receipt of the reactdecision byof the coordinating authority of the host Member State to the applicationimpose requirements under its national law in accordance with paragraph 1, the applicant shall be allowed to provide proof of compliance with the conditions identified by the coordinating authority of the host Member State under the paragraph 1therein.
2017/12/01
Committee: IMCO
Amendment 204 #
Proposal for a directive
Article 13 – paragraph 4 – subparagraph 4
Upon receipt of the observations of the applicant or, where no observations have been made, upon expiration of the time- limit to present those observations, the coordinating authority of the host Member State shall decide, within one week, whether to issue the European services e- card or reject the application for the European services e-card. The declaration of intention of rejection of the application and the decision to reject the application, notified to the holder of the European services e-card through the electronic platform where the standard form for application is made available, shall be fully reasoned, detailing which of the conditions identified in accordance with paragraph 1 have been deemed not complied with by the applicant and the reasons therefore.
2017/12/01
Committee: IMCO
Amendment 207 #
Proposal for a directive
Article 13 – paragraph 5 – subparagraph 1 a (new)
Where the coordinating authority of the host Member State intends to reject the application in accordance with the conditions laid down in this Article, the coordinating authority of the host Member State shall inform the applicant and the coordinating authority of the home Member State, and state its reasons. The applicant shall have two weeks to submit its observations.
2017/12/01
Committee: IMCO
Amendment 208 #
Proposal for a directive
Article 14 – paragraph 1
1. Coordinating authorities in the home Member State shall not require providers to provide information andincluding documents which are available to those authorities in accordance with paragraph 2 of this Article or Article 14(32) of Regulation ….[ESC Regulation]….. when applying for a European services e-card or to prove compliance, in the context of a European services e-card for establishment, with conditions identified by the coordinating authority of the host Member State in accordance with Article 13(1).
2017/12/01
Committee: IMCO
Amendment 210 #
Proposal for a directive
Article 14 – paragraph 2
2. The coordinating authority in the home Member State shall obtain the information andincluding documents required for the purposes referred to in paragraph 1 which are available to other authorities in the home Member State or originate from those authorities, in accordance with the rules on the protection of personal data as provided for in Directive 95/46/EC, Regulation (EU) No 2016/679 and national legislation.
2017/12/01
Committee: IMCO
Amendment 214 #
Proposal for a directive
Article 15 – paragraph 2 – point i
(i) made use of information orincluding documents in the context of the procedure to issue the e-card which have been ascertained to be fraudulent, inaccurate or falsified by a final decision of either home or host Member State, not subject to appeal under the applicable national law;
2017/12/01
Committee: IMCO
Amendment 220 #
Proposal for a directive
Article 16 – paragraph 3 – point vi
(vi) is no longer legally established in the home Member State, for any other reason.
2017/12/01
Committee: IMCO
Amendment 221 #
Proposal for a directive
Article 17 – paragraph 1 – subparagraph 1
A Member State which detects a reason to trigger the suspension or revocation of a European services e-card, in accordance with Articles 15 or 16, occurring in its territory shall communicate via IMI to the holder of the European services e-card in question the motivation therefore and shall give it the opportunity to be heard. The preceding subparagraph shall not apply in case of a measure put in place in accordance with Article 18 of Directive 2006/123/EC.
2017/12/01
Committee: IMCO
Amendment 223 #
Proposal for a directive
Article 17 – paragraph 2 – subparagraph 1
Once a Member State concludes on the need to suspend or revoke a European services e-card it shall do so without delay, in case its coordinating authority is the issuing authority of the e-card in question, or it shall communicate without delay to the issuing coordinating authority its conclusion on the need to suspend or revoke the European services e-card in question, including by application of a measure put in place in accordance with Article 18 of Directive 2006/123/EC.
2017/12/01
Committee: IMCO
Amendment 224 #
Proposal for a directive
Article 17 – paragraph 2 – subparagraph 2
The notification mentioned in Article 35(6) of Directive 2006/123/EC shall constitute the communication referred to in the first subparagraph, as appropriate. The issuing coordinating authority which receives the communication of a conclusion on the need to suspend or revoke the European services e-card from another Member State shall immediately suspend or revoke the European services e- card in question, as appropriate.
2017/12/01
Committee: IMCO
Amendment 227 #
Proposal for a directive
Chapter 3 a (new)
CHAPTER IIIa COORDINATION OF PROVISIONS CONCERNING FREEDOM OF ESTABLISHMENT AND THE PROVISION OF SERVICES LISTED IN ANNEX Ia Article 17a Legal form requirements Member States shall allow providers of services listed in Annex II to form companies and establish, in their respective territories, in accordance with any of the types listed in Annex II of Directive (EU) 2017/1132 for their respective territories. Article 17b Corporate control and management requirements 1.Member States shall ensure that providers of services listed in Annex II formed as a legal person and established in their territory are not subject to any of the following requirements: a) more than a simple majority stake giving corporate control must be held by natural persons subject to professional qualification requirements or by legal persons subject to other requirements specific to the service activities concerned and related to professional qualifications; or b) more than a simple majority of the members in each of its management bodies and supervisory bodies are made subject to professional qualification requirements. Member States shall ensure that no other requirements specific to the service activities concerned are imposed on holders of a stake or members of management or supervisory bodies in a provider of services listed in Annex II, with the exception of authorisation or notification schemes meant to control the requirements introduced in accordance with the preceding subparagraph. 2.Member States may, within the simple majority stake giving corporate control referred to in point (a) of paragraph 1, require that the registered corporate purpose of a legal person holding a corporate stake in a provider established in their territory for the provision of services listed in Annex II includes the provision of the services in question. 3.Member States shall ensure that no requirements specific to the service activities concerned other than the requirements referred to in paragraph 2 are imposed regarding legal persons holders of a stake in a provider of services listed in Annex II. However, requirements may be imposed on providers of services listed in Annex II regarding the use of a particular corporate designation in case the service activities in question may be provided by legal persons not subject to such requirements. Article 17c Multidisciplinary activities 1. Member States shall ensure that architectural, engineering and construction services listed in Annex II may be exercised by a legal person jointly or in partnership. This shall apply without prejudice to requirements for the prevention of conflicts of interests in the context of and with consideration for a certain service provision in particular. 2.Notwithstanding paragraph 1, Member States may, in accordance with Article 25 of Directive 2006/123/EC, ban the joint exercise of architectural, engineering and construction services by providers of architectural or engineering services making use of a particular corporate designation in case the provision of the service activities in question, without exception, is admissible to providers not subject to requirements the compliance of which allows for the use of that same designation
2017/12/01
Committee: IMCO
Amendment 257 #
Proposal for a directive
Annex I – Section N – Division 82 – Group 82.4 (new)
Group 82.4. Registration of a branch, agency, office
2017/12/04
Committee: IMCO
Amendment 258 #
Proposal for a directive
Annex I – Section N – Division 82 – Group 82.5 (new)
82.5 VAT registration
2017/12/04
Committee: IMCO
Amendment 259 #
Proposal for a directive
Annex I – Section N – Division 82 – Group 82.6 (new)
82.6 Registration for social security purposes
2017/12/04
Committee: IMCO