40 Amendments of Daniel BUDA related to 2016/0403(COD)
Amendment 5 #
Proposal for a regulation
Recital 1
Recital 1
(1) The Treaty on the Functioning of the European Union (TFEU) guarantees service providers the freedom of establishment in Member States and the freedom to provide services across Member States. The Charter of Fundamental Rights of the European Union also provides for the right of any EU citizen to provide services in any other Member State.
Amendment 7 #
Proposal for a regulation
Recital 3
Recital 3
(3) Directive 2006/123/EC requires Member States to step up their cooperation efforts and to put in place and keep constantly updated Points of Single Contacts where a service provider wishing to establish or to provide services can find all relevant information (including assistance) about requirements to be complied with and e-procedures in respect of all formalities, authorisations and notifications to go through. However, administrative obstacles, costly information challenges and difficulties complying with national procedures at a distance remain to date for service providers, namely for sector-related requirements. Cooperation between the administrations of different Member States should in principle take place via the Internal Market Information System (IMI), an IT-platform offered for cross-border exchange of information and mutual assistance between authorities in different Member States under that Directive. Despite the fact that authorities sometimes have doubts with regard to the legal establishment of a provider in another Member State, the possibilities for cooperation currently provided in IMI are not exploited to their full potential, since, in contrast to other areas, there has to date been very little exchange of information between Member States through the IMI system in fields covered by the Directive.
Amendment 9 #
Proposal for a regulation
Recital 5
Recital 5
(5) Formalities associated with authorisations and notifications often require paper forms to be filled in and paper documents to be submitted, to be translated at significant cost, which must even comply with particular form requirements such as certification or authentication. Information regarding these obstacles is either not available online or is scarce, incomplete, dispersed and difficult to interpret in relation to the particular circumstances of a provider expanding across borders, as they often target purely domestic situations. Service providers often riskAt present, the work of the administrations in the home and host Member States is more difficult because the host Member State often needs to request the same statements and information from several authorities in the home Member State, in an uncoordinated way. Service providers often risk repeating the process of submitting information and documents and resubmitting information and documents and undergoing duplication of controls with different authorities in the same Member State. Significant translation costs work also as an important disincentive for companies to take the first steps when going cross-border.
Amendment 11 #
Proposal for a regulation
Recital 7
Recital 7
(7) Addressing remaining obstacles to more cross-border activities in services will help to strengthen competition, resulting in more choice and better prices for consumers as well as more competitive services sectors creating new jobs, promoting productivity and ensuring a more attractive climate for investment and innovation. In addition, as services account for 40% in the value of a final manufacturing product in the EU, better functioning of services markets will have a positive impact on the competitiveness of industry.
Amendment 15 #
Proposal for a regulation
Recital 10
Recital 10
(10) In so doing, this Regulation specifically targets business and construction service sectors included in scope of Directive …[ESC Directive]… which cannot easily pursue business opportunities in other Member States, as they face some of the most stringent regulatory and administrative barriers to cross-border expansion and consequently have an unexploited potential for internal market integration.
Amendment 17 #
Proposal for a regulation
Recital 11
Recital 11
(11) All matters, activities and fields excluded from the scope of Directive 2006/123/EC should remain excluded from the scope of this Regulation. In particular, this Regulation does not affect matters, activities and fields such as those deriving from taxation, social security and labour law, including any legal or contractual provision concerning employment conditions (such as posting of workers, workers' rights and the social pillar), working conditions, including health and safety at work and the relationship between employers and workers. The provisions of this Regulation do not change or call into question existing safeguards in this respect. Equally this Regulation does not affect the social security or environmental protection legislation of the Member States. This Regulation is also without prejudice to any provision stemming from competition law as well as any rule on the applicable law or jurisdiction pursuant to private international law.
Amendment 18 #
Proposal for a regulation
Recital 12
Recital 12
(12) For reasons of coherence, possible conflicts between the present Regulation and other EU acts governing specific aspects of access or exercise of a service activity in a specific sector should be solved as provided for in Article 3 of Directive 2006/123/EC for conflicts between that Directive and such acts, with the application of those other acts. As a result, the provisions in the present Regulation cannot be relied upon in order to justify prior authorisation schemes, prior notification schemes or establishment requirements which are prohibited by other EU acts governing specific aspects of access or exercise of a service activity in a specific sector such as Directive 2000/31/EC of the European Parliament and of the Council of 8 June 200019 . As a further result, this Regulation does in no way affect the rights and obligations service providers should respect in accordance with Directive 96/71/EC of the European Parliament and of the Council20 and Directive 2014/67/EU of the European Parliament and of the Council21 . Consequently, the rules on posting of workers under Directives 96/71/EC and 2014/67/EU will continue to apply in the context of the European services e-card. _________________ 19 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (OJ L 178, 17.7.2000, p. 1). 20 Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services, OJ L18, 21.1.97, p. 1. 21 Directive 2014/67/EU of the European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System (‘the IMI Regulation’) (OJ L 159, 28.5.2014, p. 11).
Amendment 19 #
Proposal for a regulation
Recital 13
Recital 13
(13) A European services e-card should be introduced as a voluntary alternative to service providers working, in particular, in construction and business services. Service providers should continue to enjoy the possibility of demonstrating compliance with applicable requirements when expanding operations across borders in the context of other authorisations and notifications introduced under the national law of the Member States concerned. A service provider should always be able to choose not to apply for a European services e-card.
Amendment 20 #
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) Administrative simplification is being implemented by setting up an EU- level harmonised procedure, which starts in the home Member State and which allows the same procedural workflow to be implemented irrespective of the host Member State or of the service in question, as it is specifically designed for cross-border situations, resulting in a certificate, namely the European services e-card, which mentions, and is equivalent to, the right to start the provision of services in the host Member State and to continue such provision for as long as the European services e-card remains valid. The European services e-card and the related workflow ensure the integrity and confidentiality of the data stored. Service providers requesting the provision of multiple services in a host Member State may apply for more than one service at the same time.
Amendment 22 #
Proposal for a regulation
Recital 14
Recital 14
(14) The European services e-card should be fully electronic, accessible and user-friendly, rely almost exclusively on data provided by reliable sources, limit the use of documents to the minimum necessary and allow for multilingual processing to avoid translation costs. In order to make the procedure fully electronic and allow for administrative cooperation between home and host Member States. T, the Internal Market Information system set up by Regulation (EU) No 1024/2012 of the European Parliament and of the Council22 should be used under this Regulation. A, by adding a specific module through which procedures will be launched for applying for, issuing and monitoring e-cards. This specific electronic platform should be developed for the purpose of issuing, updating, suspending, revoking or cancelling European services e-cards, as well as to make valid European services e- cards electronically available to their holders and to competent authorities. The Internal Market Information System (IMI) has already shown clear benefits in facilitating communication between competent authorities, preventing duplication of administrative tasks and creating more transparency, for example with regard to the European Professional Card. _________________ 22 Regulation (EU) No 1024/2012 of the European Parliament and of the Council of 25 October 2012 on administrative cooperation through the Internal Market Information System and repealing Commission Decision 2008/49/EC ( ‘the IMI Regulation’ ) (OJ L 316, 14.11.2012, p. 1).
Amendment 25 #
Proposal for a regulation
Recital 15
Recital 15
(15) In order to submit an application for a European services e-card, a harmonised multilingual form should be made available ensuring that the elements necessary for identification of the provider and of the services for which the e-card is requested, as well as for the assessment of specific requirements applicable to the services at stake, such as those regarding proof of its establishment in the home Member State, proof of an existing genuine legal situation and of the veracity of other information or documents from the jurisdiction of the home Member State, good repute or insurance coverage, are included and thus made available to coordinating authorities in both home and host Member States.
Amendment 29 #
Proposal for a regulation
Recital 19
Recital 19
(19) Holders of a European services e- card may want to second staff into the territory of the host Member State. When doing so, service providers may be subject to requirements, such as prior declarations addressed to the host Member State, necessary for the protection of posted workers, in accordance with Article 6 of this Regulation. The European Services e- card will in no way affect the content of such declarations and the responsibilities by the host Member State in that regard; nor will it in any way affect the rights and obligations of posted workers, in accordance with EU legislation and with national law.
Amendment 33 #
Proposal for a regulation
Recital 25
Recital 25
(25) Procedures for issuing, updating, suspending or revoking a European services e-card are governed by the ‘once- only’ principle and should make use of documents only in exceptionalabsolutely necessary circumstances, when more detailed information is absolutely essential. In any case, all of such documents should be used and accepted in simple form.
Amendment 36 #
Proposal for a regulation
Recital 28
Recital 28
(28) When they apply for a European services e-card, service providers who expand operations across borders should see a drastic reduction in the costs which they bear at present. Member States are entitled to charge fees only to the extent of the specific costs borne to carry out the procedure. Costs borne already by the budget of the Union should not give rise to extra fees charged by Member States. Member States should communicate their fees charged to the Commission through IMI and publish such information. Any fees which applicants incur in relation to administrative procedures for issuing a European services e-card should be reasonable, proportionate and should not act as a disincentive to apply for a European services e-card. Given that IMI is in essence offering all necessary facilities, Member States should, inter alia, not charge fees to update, suspend, revoke or cancel a European services e-card. In order to ensure uniform implementation of the provisions on the payment of fees, implementing powers should be conferred on the Commission to adopt rules on payment modalities and processing. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council.
Amendment 38 #
Proposal for a regulation
Recital 30
Recital 30
(30) Service providers obliged to acquire professional liability insurance in Member States where they have not been active often have difficulty demonstrating their claims history regarding cover obtained elsewhere. Claims histories are an essential element to insurance distributers in ascertaining and assessing the risk profile of a potential client. Demonstration is difficult due to poor communication between insurance distributers across internal market borders but also to disparities in describing the track-record of an insured party, even within the same Member State. Insurance distributercompanies and bodies appointed by a Member State to provide compulsory insurance cover should therefore be obliged to issue a statement relating to the third party liability claims which can then be used across borders and even domestically, should a service provider change insurance distributer.
Amendment 41 #
Proposal for a regulation
Recital 34
Recital 34
(34) The application of this Regulation should be monitored and assessed in order to determine its impact on the costs of expanding operations cross-border, the simplification of administrative procedures for the expansion of cross- border operations, increased transparency about cross-border providers, competition and competitiveness, prices and quality of the services provided. The effects of this Regulation and the practical functioning of the cooperation between coordinating authorities in the home and host Member States should be evaluated regularly. This monitoring will happen in cooperation with Member States, social partners and other relevant stakeholders.
Amendment 43 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
Amendment 44 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
In order to make available such a European services e-card to take up and pursue activities as a cross-border service provider, the necessary coordination of provisions laid down by law, regulation or administrative action in a Member State is laid down in Directive ….[ESC Directive]…’
Amendment 45 #
Proposal for a regulation
Article 2 – paragraph 2 – subparagraph 1 a (new)
Article 2 – paragraph 2 – subparagraph 1 a (new)
This Regulation shall not have any impact on the regulatory requirements for the provision of services that are in place at national and EU level, such as rules concerning social protection, consumer rights, health, safety or the environment. It does not therefore introduce the country of origin principle.
Amendment 46 #
Proposal for a regulation
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
2a. This Regulation is also without prejudice to any provision stemming from EU competition rules, as well as any rule regarding the law or jurisdiction applicable under private international law.
Amendment 51 #
Proposal for a regulation
Article 3 – paragraph 1 – point 1 a (new)
Article 3 – paragraph 1 – point 1 a (new)
1a. The European services e-card is a digital certificate issued as a result of a voluntary procedure initiated in the home Member State, this procedure being fully electronic, specifically designed for cross- border situations, fully multilingual and data-driven, minimising the use of documents, governed by the ‘once-only’ principle and harmonised at EU-level; the European services e-card certifies that the holder is lawfully engaged in his or her activity in the home Member State and establishes the right of the holder to start providing the services in question in the host Member State, temporarily or through a branch, agency or offices located therein and continue providing them for the duration of validity of the card.
Amendment 52 #
Proposal for a regulation
Article 3 – paragraph 1 – point 11 a (new)
Article 3 – paragraph 1 – point 11 a (new)
11a. “recipient” shall mean a recipient, as defined in Article 4(3) of Directive 2006/123/EC;
Amendment 53 #
Proposal for a regulation
Article 3 – paragraph 1 – point 14
Article 3 – paragraph 1 – point 14
14. "“home Member State"” means the Member State to which a provider addressedwhere the service provider is established in accordance with the laws of that Member State and to which the application for a European services e-card is addressed;
Amendment 54 #
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
Providers may choose to apply for a European services e-card. seeking recognition of the right to provide services in the host Member State may choose to apply for a European services e-card in the home Member State when they decide to expand their operations cross-border.
Amendment 55 #
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 2
Article 4 – paragraph 1 – subparagraph 2
Any applications for a European services e-card shall be submitted to the competent authority in the home Member State, in an electronic platform connected to IMI using a multilingual standard form, in accordance with the provisions of this Regulation.
Amendment 56 #
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 3 – point b
Article 4 – paragraph 1 – subparagraph 3 – point b
(b) identification of the service activity, the host Member States that the applicant is seeking to provide, the host Member State where the applicant is seeking to provide these services, the type of European services e-card envisaged;’
Amendment 59 #
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 3 – point d
Article 4 – paragraph 1 – subparagraph 3 – point d
(d) information pertaining to the name of the home Member State, establishment of the provider in the home Member State in relation toand the existence and nature of the service activity identified in accordance with (b), including the date of initial establishment and identification of other Member States of establishment;
Amendment 65 #
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 2
Article 4 – paragraph 2 – subparagraph 2
The application shall include all the necessary supporting documents, uploaded by the applicant into the electronic platform where the standard form for application is made available, including proof of an existing factual and legal situation and of the veracity of other information.
Amendment 70 #
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 2
Article 5 – paragraph 1 – subparagraph 2
The insurance distributorcompany or the body appointed by a Member State to provide compulsory insurance shall provide the certificate to the applicant upon requesinsurance distributor or to the applicant upon request. The insurance distributor shall forward the certificate to the applicant.
Amendment 81 #
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 2
Article 7 – paragraph 1 – subparagraph 2
Regarding declarations in advance in relation to the professional qualifications of the provider, his/her nationality, details regarding the insurance certificate, the attestations referred to in points b) and d) of Article 7(2) of Directive 2005/36/EC shall be replaced by the completed application form for issuance of a European services e-card, communicated to the host Member State in accordance with Article 11 of Directive .[ESC Directive]….., proving legal establishment of the provider.’
Amendment 86 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The coordinating authorities of Member States shall inform the publicMember States shall ensure that the coordinating and/or competent authorities inform the public and, in particular, service providers in the business and construction sectors and regularly carry out promotion campaigns about the functioning and the value added of the European services e-card and the formalities for secondment of staff and movement of self-employed in accordance with Articles 6(1) and 7.
Amendment 87 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. In the context of procedures to issue, update, suspend or revoke a European services e-card competent authorities of Member States shall accept documents in a simple copy form from the European services e-card applicant, and shall not request that documents submitted to them are subject to legalisation, apostille formalities, certification or authentication.
Amendment 92 #
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1
Article 10 – paragraph 1 – subparagraph 1
Any fees charged in the context of a procedure to issue a European services e- card shall be reasonable and proportionate, shall not act as a disincentive for applicants, shall not exceed total fees for existing procedures and shall not exceed the cost directly ensuing from the specific work related to the procedure.’
Amendment 93 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Member States shall communicate the fees and payment modalities introduced under this Article to the Commission through IMI, by [21 years after entry into force of this Regulation] at the latest and shall publish this information appropriately.
Amendment 97 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. AnThe insurance distributorcompany shall issue, within 15 days of receiving a request to this effect from the policyholder, a statement concerning the third party liability claims related to his activities covered by the contract of professional liability insurance, during the preceding years of the contractual relationship up to a maximum of 5 years, or to the absence of such claims, describing the liabilities arising from provision of the services in question which were the object of a claim.
Amendment 99 #
Proposal for a regulation
Article 12 – title
Article 12 – title
Obligations for insurance distributorcompanies
Amendment 100 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
Insurance distributorcompanies and bodies appointed by a Member State to provide compulsory insurance shall duly take into account in the acceptance policy and in the calculation of premiums, in a non- discriminatory manner, the experience of the provider as reflected in the claims statement issued in accordance with Article 11, as presented by the provider.
Amendment 103 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Coordinating authorities and competent authorities in different Member States shall exchange information and give each other mutual assistance in the context of a procedure to issue suspend, revoke or cancel a European services e-card as well as in the monitoring/supervision and update of the information contained therein. This obligation shall also apply in the context of formalities in accordance with Articles 6 (1) and 7 for secondment of staff and movement of self- employed, in relation to competent authorities as defined in point (ii) of Article 3(19).
Amendment 105 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016.
Amendment 108 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
The Commission, with Member States, social partners and other relevant stakeholders, will establish monitoring arrangements to monitor the implementation and the impacts of this Regulation, in particular its impacts on the freedom of establishment and freedom to provide services across Member States for the services covered, with regard to simplification of administrative procedures for the cross-border expansion of operations, costs for providers of expanding operations cross-border, enhancing transparency about cross-border providers, increasing competition and how itcompetitiveness, and how these impacts prices and quality of those services concerned, considering relevant indicators.