Activities of Constance LE GRIP related to 2011/0435(COD)
Plenary speeches (1)
Recognition of professional qualifications and administrative cooperation through the Internal Market Information System (debate)
Shadow reports (1)
REPORT proposal for a directive of the European Parliament and of the Council amending Directive 2005/36/EC on the recognition of professional qualifications and Regulation on administrative cooperation through the Internal Market Information System PDF (1011 KB) DOC (1 MB)
Amendments (34)
Amendment 89 #
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) Dual vocational training systems are a key element for low youth unemployment. Given that they are tailored to the requirements of the economy, they permit a smooth transition from training into working life. They should not just be strengthened in this Regulation, but also taken into consideration in other European legislation on reducing youth unemployment. These vocational training systems and their specific features should, moreover, remain unaffected by the rules of Directive 2005/36/EC.
Amendment 104 #
Proposal for a directive
Recital 4
Recital 4
(4) Directive 2005/36/EC only applies to professionals who want to pursue the same profession in another Member State. There are cases where the activities concerned are part of a profession with a larger scope of activities in the host Member State. If the differences between the fields of activity are so large that in reality a full programme of education and training is required from the professional to compensate for shortcomings and if the professional so requests, a host Member State should under these particular circumstances grant partial access. However, in case of overriding reasons of general interest, such as in the case of a doctor of medicine or other health professionals, a Member State should be able to refuseThe Commission shall be informed by the Member State before taking such decision in order to facilitate the full implementation of this provision and to guarantee its uniform application throughout the Union. However, in case of overriding reasons of general interest a Member State should be able to refuse partial access. Professions which benefit from automatic recognition on the basis of coordination of minimum training conditions or common training principles should not be open to partial access.
Amendment 110 #
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) (ii a) The concept of "overriding reasons relating to the public interest" to which reference is made in certain provisions of this Directive has been developed by the Court of Justice in its case law in relation to Articles 49 and 56 of the Treaty and may continue to evolve. The notion as recognised in the case law of the Court of Justice covers inter alia the following grounds: public policy, public security and public health, within the meaning of Articles 52 and 62 of the Treaty;
Amendment 137 #
Proposal for a directive
Recital 19
Recital 19
(19) Directive 2005/36/EC already provides for clear obligations for professionals to have the necessary language skills. The review of that obligation has shown a need to clarify the role of competent authorities and employers notably in the interest of patients' safety. The role of the competent authority is to verify the language knowledge of professionals for the purpose of exercising their professional activity. Language controls should however be reasonable and necessary for the jobs in question and should not constitute grounds for excluding professionals from the labour market in the host Member State.
Amendment 145 #
Proposal for a directive
Recital 20
Recital 20
(20) Graduates wishing to pursue a remunerated traineeship in another Member State where such traineeship is possible should be covered by Directive 2005/36/EC in order to foster their mobility. It is also necessary to provide for the recognition of their traineeship by the home Member State. However, by enlarging its scope to partially qualified professional this Directive should also ensure the respect of the fundamental social rights set out in the article 151 of the Treaty on the Functioning of the European Union which guarantees that the Union shall have as its objectives the promotion of improved working conditions. Therefore, the Directive should set-up a quality framework under the form of minimum conditions to be fulfilled in order to fall under its scope.
Amendment 216 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a – point ii a (new)
Article 1 – paragraph 1 – point 3 – point a – point ii a (new)
Directive 2005/36/EC
Article 3 – paragraph 1 – point m (new)
Article 3 – paragraph 1 – point m (new)
(m) "overriding reasons relating to the public interest" means reasons recognised as such in the case law of the Court of Justice;
Amendment 229 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4a – paragraph 5
Article 4a – paragraph 5
5. Member States shall designate competent authorities for issuing European Professional Cards. Those authorities shall ensure an impartial, objective and timely processing of applications for European Professional Cards. The Assistance Centers referred to in Article 57b may also act in the capacity of a competent authority to issue a European Professional Card. Member States shall ensure that competent authorities inform citizens, including prospective applicants, on the advantages of a European Professional Card where it is available.
Amendment 236 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4a – paragraph 6
Article 4a – paragraph 6
6. The Commission shall adopt implementing acts specifying European Professional Cards for, to be issued to specific professions, establishing the format of the European Professional Card, the translations necessary to support any application for issuing a European Professional Card and details for the assessment of applications, taking into account the particularities of each profession concerned. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 58. In addition to the procedure laid down in article 58, the Commission shall carry out a proper consultation of interested parties before the adoption of such act.
Amendment 295 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4d – paragraph 3
Article 4d – paragraph 3
3. In the cases referred to in Articles 7(4) and 14, a host Member State shall decide on whether to recognise the holder's qualifications or to subject him to compensation measures within two montheight weeks from the date of receipt for validation of the European Professional Card transmitted by the home Member State. In case of justified doubts, the host Member State may request additional information from the home Member State. That request shall not suspend the period of two months.For health professions, that request may suspend for two weeks the period of eight weeks. The home Member State shall provide a reply within one week. (point d)
Amendment 306 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4d – paragraph 5
Article 4d – paragraph 5
5. The host Member State shall acknowledge receipt of an application for validation of the European Professional Card within a period of five days. Where the host Member State fails to take a decision within the time limits set out in the paragraphs 2 and 3 or to request additional information within one monthfive weeks from the date of receipt of the European Professional Card by the home Member State, the European Professional Card shall be deemed to be validated by the host Member State and to constitute recognition of the professional qualification to the regulated profession concerned in the host Member State.
Amendment 320 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4e – point 4
Article 4e – point 4
4. The information included in the European Professional Card shall be limited to the information that is necessary to ascertain its holder's professional competence and right to exercise the profession for which it has been issued, in particular name, surname, date and place of birth, title of professional qualifications, applicable regime, competent authorities involved, card number, security features and reference to a valid proof of identity.
Amendment 329 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4f – paragraph 1
Article 4f – paragraph 1
1. The competent authority of the host Member State shall grant partial access on a case-by-case basis to a professional activity in its territory provided that the following conditions are fulfilled:
Amendment 344 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4f – paragraph 1 – point b)
Article 4f – paragraph 1 – point b)
For the purposes of point (b), an activity shall be deemed to be separable if it is exercised as an autonomous activity in the home Member State of the actual applicant.
Amendment 358 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4f – paragraph 2
Article 4f – paragraph 2
2. Partial access may be rejected if such rejection is justified by an overriding reason of general interest, such as public healthas defined in Article 3 – paragraph 1 – point n (new), it would secure the attainment of the objective pursued and it would not go beyond what is strictly necessary.
Amendment 364 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 (new)
Article 1 – paragraph 1 – point 5 (new)
Directive 2005/36/EC
Article 4f – paragraph 2 a (new)
Article 4f – paragraph 2 a (new)
2 a. The Commission must be given prior notification of any such rejection decision taken on the basis of the paragraph 2 of this article.
Amendment 365 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 (new)
Article 1 – paragraph 1 – point 5 (new)
Directive 2005/36/EC
Article 4f – paragraph 2 b (new)
Article 4f – paragraph 2 b (new)
2 b. Partial access can never be granted to professions which benefit from automatic recognition under Title III Chapters III and IIIa.
Amendment 370 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 (new)
Article 1 – paragraph 1 – point 5 (new)
Directive 2005/36/EC
Article 4f – paragraph 4 a (new)
Article 4f – paragraph 4 a (new)
4 a. In application of paragraphs 3 and 4 of this article, partial access may never be directly requested by the applicant and should always results from the refusal of the full recognition of the qualifications.
Amendment 453 #
Proposal for a directive
Article 1 – paragraph 1 – point 17
Article 1 – paragraph 1 – point 17
Directive 2005/36/EC
Article 22 – paragraph 2
Article 22 – paragraph 2
For the purposes of point (b) of the first paragraph, as from [insert date - the day after the date set out in first subparagraph of paragraph 1 of Article 3] and every five years thereafter, the competent authorities in Member States shall submit publicly available reports to the Commission and to the other Member States on their continuing education and trainingprofessional development procedures related to doctors of medicine, medical specialists, nurses responsible for general care, dental practitioners, specialised dental practitioners, veterinary surgeons, midwives and pharmacists. Member States must have systems in place to ensure that professionals can regularly update their skills and knowledge about codes of professional ethics through some type of Continuous Professional Development.
Amendment 475 #
Proposal for a directive
Article 1 – paragraph 1 – point 22 – point a
Article 1 – paragraph 1 – point 22 – point a
Directive 2005/36/EC
Article 31 – paragraph 1
Article 31 – paragraph 1
1. Admission to training for nurses responsible for general care shall be contingent upon completion of general education of 12 years, as attested by a diploma, certificate or other evidence issued by the competent authorities or bodies in a Member State or by a certificate attesting success in an examination, of an equivalent level, for admission to a school of nursing.:
Amendment 477 #
Proposal for a directive
Article 1 – paragraph 1 – point 22 – point a (new)
Article 1 – paragraph 1 – point 22 – point a (new)
Directive 2005/36/EC
Article 31 – paragraph 1 – subparagraph a (new)
Article 31 – paragraph 1 – subparagraph a (new)
a. completion of general education of at least 10 years, as attested by a diploma, certificate or other evidence issued by the competent authorities or bodies in a Member State or by a certificate attesting success in an examination, of an equivalent level, and giving access to a vocational school of nursing, or
Amendment 479 #
Proposal for a directive
Article 1 – paragraph 1 – point 22 – point a (new)
Article 1 – paragraph 1 – point 22 – point a (new)
Directive 2005/36/EC
Article 31 – paragraph 1 – subparagraph b
Article 31 – paragraph 1 – subparagraph b
b. possession of a diploma, certificate or other evidence of qualification giving access, on the basis of general education of 12 years, to universities or higher education institutes of a level recognised as equivalent.
Amendment 485 #
Proposal for a directive
Article 1 – paragraph 1 – point 22 – point c a (new)
Article 1 – paragraph 1 – point 22 – point c a (new)
Directive 2005/36/EC
Article 31 – paragraph 4 (new)
Article 31 – paragraph 4 (new)
(4) Theoretical training is that part of nurse training from which trainee nurses acquire the professional knowledge, skills and competences required under paragraphs 6 and 7. The training shall be given by teachers of nursing care and by other competent persons, at universities, at higher education institutes of a level recognised as equivalent or at vocational schools of nursing.
Amendment 486 #
Proposal for a directive
Article 1 – paragraph 1 – point 22 – point c b (new)
Article 1 – paragraph 1 – point 22 – point c b (new)
Directive 2005/36/EC
Article 31 – paragraph 5 (new)
Article 31 – paragraph 5 (new)
(5) Clinical training is that part of nurse training in which trainee nurses learn, as part of a team and in direct contact with a healthy or sick individual and/or community, to organise, dispense and evaluate the required comprehensive nursing care, on the basis of the knowledge, skills and competences which they have acquired. The trainee nurse shall learn not only how to work in a team, but also how to lead a team and organise overall nursing care, including health education for individuals and small groups, within the health institute or in the community. This training shall take place in hospitals and other health institutions and in the community, under the responsibility of nursing teachers, in cooperation with and assisted by other qualified nurses. Other qualified personnel may also take part in the teaching process. Trainee nurses shall participate in the activities of the department in question insofar as those activities are appropriate to their training, enabling them to learn to assume the responsibilities involved in nursing care.
Amendment 490 #
Proposal for a directive
Article 1 – paragraph 1 – point 22 – point d
Article 1 – paragraph 1 – point 22 – point d
Amendment 491 #
Proposal for a directive
Article 1 – paragraph 1 – point 22 – point d
Article 1 – paragraph 1 – point 22 – point d
Directive 2005/36/EC
Article 31 – paragraph 7 – point a
Article 31 – paragraph 7 – point a
(a) the adequacy of knowledge of the sciences of general nurcompetence to take full responsibility for planning, organising, as referred to in point (a) of paragraph 6, in line with scientific and technological progress as well as the necessary competences such knowledge should entail in line with scientific and technological progress and recent developments in educationnd administering nursing care when treating patients on the basis of the knowledge and skills acquired in accordance with paragraph 6 letters a, b and c;
Amendment 492 #
Proposal for a directive
Article 1 – paragraph 1 – point 22 – point d
Article 1 – paragraph 1 – point 22 – point d
Directive 2005/36/EC
Article 31 – paragraph 7 – point b
Article 31 – paragraph 7 – point b
(b) the degree of sufficiency of understanding of the items referred to in point (a) of paragraph 6 and the necessary competences following from such understanding in line with scientific and technological progress and recent developments in educationcompetence to work together effectively with other actors in the health sector, including participation in the practical training of health personnel on the basis of the knowledge and skills acquired in accordance with paragraph 6 letter d and e;
Amendment 493 #
Proposal for a directive
Article 1 – paragraph 1 – point 22 – point d
Article 1 – paragraph 1 – point 22 – point d
Directive 2005/36/EC
Article 31 – paragraph 7 – point c
Article 31 – paragraph 7 – point c
(c) the degree of sufficiency of knowledge about the items referred to in point (b) of paragraph 6 and the necessary competences following from such knowledge in line with scientific progress and recent developments in education;competence to empower individuals, families and groups towards healthy lifestyles and self-care on the basis of the knowledge and skills acquired in accordance with paragraph 6 letters a and b.
Amendment 496 #
Proposal for a directive
Article 1 – paragraph 1 – point 23 – point a a (new)
Article 1 – paragraph 1 – point 23 – point a a (new)
Directive 2005/36/EC
Article 33 – paragraph 2
Article 33 – paragraph 2
(aa) the whole paragraph 2 of the art. 33 is deleted
Amendment 529 #
Proposal for a directive
Article 1 – paragraph 1 – point 29 a (new)
Article 1 – paragraph 1 – point 29 a (new)
Directive 2005/36/EC
Article 43 – paragraph 3
Article 43 – paragraph 3
(29a) the whole paragraph 3 of Article 43 is deleted
Amendment 579 #
Proposal for a directive
Article 1 – paragraph 1 – point 35
Article 1 – paragraph 1 – point 35
Directive 2005/36/EC
Article 49 a – paragraph 2 – point f
Article 49 a – paragraph 2 – point f
(f) the common training framework has been prepared following a transparent due process, including withmeaning that initiatives in this regard should be published and undertaken in close co-operation with professional organisations and other representative stakeholders, including from Member States where the profession is not regulated;
Amendment 608 #
Proposal for a directive
Article 1 – paragraph 1 – point 38
Article 1 – paragraph 1 – point 38
Directive 2005/36/EC
Article 53 – paragraph 2 – subparagraph 2
Article 53 – paragraph 2 – subparagraph 2
In case of professions with public health and patient safety implications, Member States may confer to the competent authorities the right to carry out language checking covering all professionals concerned if it is expressly requested by the national health care system, or in case of self-employed professionals not affiliated to the nationals health care system, by representative national patient organisations.
Amendment 629 #
Proposal for a directive
Article 1 – paragraph 1 – point 39
Article 1 – paragraph 1 – point 39
Directive 2005/36/EC
Article 55 a
Article 55 a
Recognition of remunerated traineeship With a view to grant access to a regulated profession, the home Member State shall recognise the traineeship pursued in another Member State and certified by a competent authority of that Member State. For the application of paragraph 1 of this Article, a traineeship can be recognised only under the following conditions: - It is part of higher education that brings ECTS credits and where interns have a student status or a professional training; - It is carried out on the basis of a written and legally binding contract outlining the length as well as the description of learning objectives and assigned tasks.
Amendment 646 #
Proposal for a directive
Article 1 – paragraph 1 – point 41
Article 1 – paragraph 1 – point 41
Directive 2005/36/EC
Article 56 – paragraph 2 – subparagraph 1
Article 56 – paragraph 2 – subparagraph 1
The competent authorities of the host and home Member States shall exchange information regarding disciplinary action or criminal sanctions taken or any other serious, specific circumstances which are likely to have consequences for thelead to professionals being suspended or stripped of their right to pursuite of activities under this Directive, respecting personal data protection legislation provided for in Directive 95/46/EC and Directive 2002/58/EC of the European Parliament and of the Council (*).
Amendment 719 #
Proposal for a directive
Article 1 – paragraph 1 – point 48
Article 1 – paragraph 1 – point 48
Directive 2005/36/EC
Article 59 – paragraph 2 – point b
Article 59 – paragraph 2 – point b
(b) requirements must be justified by an overriding reason relating to a public interest, as defined in Article 3 – paragraph 1 – point n (new);