19 Amendments of Virginie ROZIÈRE related to 2016/0398(COD)
Amendment 28 #
Proposal for a directive
Recital 4
Recital 4
(4) The Commission has received an increasing number of notifications from Member States regarding newly introduced requirements under Directive 2006/123/EC. However, not all of those national requirements are non- discriminatory with regard to nationality or residence, justified and proportionate, thus resulting in a significant number of structural dialogues launched by the Commission vis-à-vis Member States. This shows that the existing notification procedure is not sufficient to avoid discrimination on the grounds of nationality or residence, unjustified or disproportionate requirements. This is to the detriment of citizens and businesses in the internal market for services. Moreover, it appears that some new or modified requirements related to services falling within the scope of Directive 2006/123/EC have not been notified at all.
Amendment 31 #
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) This situation should induce the Commission to set in motion the procedures set out in the Treaty for Directive 2006/123/EC to be fully adopted and adhered to by the Member States.
Amendment 33 #
Proposal for a directive
Recital 6
Recital 6
(6) The effective enforcement of the rules governing the internal market for services set out in Directive 2006/123/EC should be enhanced by improvfully adopting the existing notification procedure established by that Directive in respect of national authorisation schemes and certain requirements concerning both access to self-employed activities and their exercise. The prevention ofEnhancing dialogue between the Commission and the Member States should prevent the adoption of national provisions establishing requirements and authorisation schemes that would be contrary to Directive 2006/123/EC should be facilitated. This Directive is without prejudice to the Commission's powerspowers conferred on the Commission and the Court of Justice under the Treaties and the Member States' obligation to comply with the provisions of Union law.
Amendment 62 #
Proposal for a directive
Recital 8
Recital 8
(8) The obligation for Member States to notify draft measures laying down authorisation schemes or requirements referred to in Article 4 of this Directive at least three months before their adoption is designed to ensurestart a dialogue between the Commission and the Member States on ensuring that measures to be adopted comply with Directive 2006/123/EC. In order for the notification procedure to be effective, a consultation on notified measures should take place sufficiently in advance of their adoption. This is appropriate to foster good cooperation and transparency between the Commission and Member States and to further develop exchanges between the Commission and national authorities on new or amended authorisation schemes and certain requirements covered by Directive 2006/123/EC, in accordance with Article 4(3) of the Treaty on European Union (TEU). With a view to ensuring the effectiveness of the procedure, breach of the obligation to notify or to refrain from adopting a notified measure, including during the period following the receipt of an alert, should be considered to be a substantial procedural defect of a serious nature as regards its effects vis-à-vis individuals.
Amendment 72 #
Proposal for a directive
Recital 10
Recital 10
(10) The information to be submitted by the notifying Member State should be sufficient to assess compliance with Directive 2006/123/EC and, in particular, the proportionality of a notified authorisation scheme or requirement. Therefore, in accordance with the case-law of the Court of Justice of the European Union (CJEU), such information should clarify the public interest objective pursued, set out how the notified authorisation scheme or requirement is necessary and justified to meet this objective and explain how it is proportionate in doing so; thus, it should include explanations on why it is suitable, why it does not go beyond what is necessary and why no alternative and less restrictive means would be available. The reasons which may be invoked by the Member State concerned by way of justification should be accompanied by appropriate evidence and by an analysis of the proportionality of the notified measure.(Does not affect English version.)
Amendment 88 #
Proposal for a directive
Recital 14
Recital 14
(14) Where following the consultation the Commission still has concerns about the compliance with Directive 2006/123/EC of the notified draft measure, it may alert the notifying Member State, giving it the opportunity to bring its draft measure into conformity with EU law. That alert should include an explanation of the legal concerns identified by the Commission. Reception of such an alert entails that the notifying Member State shall not adopt the notified measure for threone months.
Amendment 96 #
Proposal for a directive
Recital 15
Recital 15
(15) Failure to comply with the obligation to notify draft measures at least three monPursuant to Article 15(7) of Directive 2006/123, the Member States are required to notify the Commission of any new law, regulation or administrative provision which sets the requirements referred to in Article 15(6) of the Directive. The Commission shall communicate thse prior to their adoption and/or to refrain from adopting the notified measure during this period and, as the case may be, during the 3 months following theovisions concerned to the other Member States. Such notification shall not prevent the adoption by Member States of the provisions in question. Within a period of three months from the date of receiption of an alert, should be considered to be a substantial procedural defect of a serious nature as regards its effects vis-à-vis individuals. the notification, the Commission shall examine the compatibility of any new requirements with Community law and, where appropriate, shall adopt a decision requesting the Member State in question to refrain from adopting them or to abolish them.
Amendment 104 #
Proposal for a directive
Recital 16
Recital 16
(16) TPursuant to Article 17 of the Treaty on European Union and the procedure laid down in Article 258 et seq. of the Treaty on the Functioning of the European Union, to ensure the efficiency, effectiveness and coherence of the notification procedure, the Commission should rmay seta in the power to adopt Decisions requiring the Member State in question to refrain from adopting notified measures or, if already adopted,motion an infringement procedure through the Court to establish that a measure notified by a Member State is in breach of Directive 2006/123 or other provisions of EU law. At the Commission’s discretion and pursuant to Article 279 TFEU, the Commission may call on the Court to prepeal them, where they violate Directive 2006/123/ECscribe interim measures to suspend the operation of a notified measure that the Commission considers contrary to EU law.
Amendment 120 #
Proposal for a directive
Recital 18
Recital 18
(18) This Directive does not affect the obligations of Member States to notify the requirements related to information society services under Directive (EU) 2015/1535. In order to avoid duplications of notifications, a notification carried out under that Directive and in compliance with the relevant obligations laid down in this Directive should be deemed to equally fulfil the notification obligation established under this Directive.
Amendment 121 #
Proposal for a directive
Recital 19
Recital 19
(19) For the same reason, a notification completed under this Directive should be deemed to fulfil the reporting obligations of Member States under Article 59(5) of Directive 2005/36/EC of the European Parliament and of the Council18. _________________ 18 Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (OJ L 255, 30.9.2005, p. 22)Articles 21a and 56 of Directive 2005/36/EC of the European Parliament and of the Council shall be deemed to fulfil the notification obligation established by this Directive.
Amendment 163 #
Proposal for a directive
Article 3 – paragraph 5 – subparagraph 2
Article 3 – paragraph 5 – subparagraph 2
That information shall identify the overriding reason relating to the public interest pursued and give the reasons why the notified authorisation scheme or requirement is non-discriminatory on grounds of nationality or residence and why it is, necessary and proportionate.
Amendment 182 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. AUnder the procedure provided for in Article 15(7) of Directive 2006/123/EC, as from the date of the Commission informing the notifying Member State of the completeness of a notification received, a consultation of maximum three months shall take place among the notifying Member State, other Member States and the Commission. Such notification shall not prevent the adoption by Member States of the provisions in question.
Amendment 201 #
1. Before the closure of the consultation period referred to in Article 5(2), the Commission may alert the notifying Member State of its concerns about the compatibility with Directive 2006/123/EC of the draft measure notified and of its intention to adopt a Decisionbegin an infringement procedure referred to in Article 7.
Amendment 208 #
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Upon receipt of such an alert, the notifying Member State shall not adopt the draft measure for a period of threone months after the closure of the consultation period.
Amendment 214 #
Proposal for a directive
Article 7 – title
Article 7 – title
Amendment 218 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
Where the Commission has issued an alert in accordance with Article 6(1), in view of the fact that the notified draft measure does not comply with Directive 2006/123/EC, it may, within a period of threone months after the date of the closure of the consultation period referred to in Article 5(2), adopt a Decision finding the draft measure to be incompatible with Directive 2006/123/EC and requiring the Member State concerned to refrain from adopting the draft measure or, if such measure has been adopted in breach of Article 3(3) or Article 6(2), to repeal itbegin an infringement procedure in accordance with the provisions laid down in Article 258 TFEU in order for the Court of Justice to establish that the notified draft measure is in breach of EU law.
Amendment 228 #
Proposal for a directive
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
2. When the Commission deems it necessary, it shall call on the Court of Justice to order interim measures pursuant to Article 279 to suspend the application of the measure in question.
Amendment 238 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Where a Member State is required to notify a measure under Article 3 of this Directive and under Article 5(1) of Directive (EU) 2015/1535, a notification carried out under that Directive and which complies with the obligations laid down in paragraphs 3, 5, 6 and 7 of Article 3 of this Directive shall be deemed to have satisfied also the notification obligation established under Article 3(1) and (2) of this Directive.
Amendment 240 #
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Where a Member State is required to notify a measure under Article 3 of this Directive and to inform the Commission in accordance with Article 59(5) of Directive 2005/36/ECs 21a and 56 of Directive 2005/36/EC of the European Parliament and of the Council, that notification shall be deemed to have satisfied also the informthe notification obligation set out in Article 59(5) of Directive 2005/36/ECestablished in this Directive.