12 Amendments of Philippe BOULLAND related to 2011/0435(COD)
Amendment 25 #
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 or notaries, a Member State should be able to refuse partial access.
Amendment 26 #
Proposal for a directive
Recital 7
Recital 7
Amendment 33 #
Proposal for a directive
Recital 9
Recital 9
(9) Applications for recognition from professionals coming from non-regulating Member States have to be treated in the same way as those of professionals coming from a regulating Member State. Their qualifications have to be compared to the qualifications requested in the host Member State on the basis of the qualification levels and objective criteria in Directive 2005/36/EC. In case of substantial differences the competent authority should be able to impose compensation measures.
Amendment 55 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2005/36/EC
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Directive shall apply to all nationals of a Member State wishing to pursue a regulated profession or a remunerated traineeship in a Member State, including those belonging to the liberal professions,, including those belonging to the liberal professions, wishing to pursue a regulated profession – other than those professions which necessarily require a delegation of public authority – or a remunerated traineeship in a Member State other than that in which they obtained their professional qualifications, on either a self-employed or employed basis.
Amendment 91 #
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 patient safety, consumer protection or public health, it would secure the attainment of the objective pursued and it would not go beyond what is strictly necessary.
Amendment 95 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point a
Article 1 – paragraph 1 – point 6 – point a
Directive 2005/36/EC
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) where the service provider moves, if he has pursued that profession in one or several Member States for at least two years during the last 10 years preceding the provision of services when the profession is not regulated in the Member State of establishment. The condition requiring two years' pursuit shall not apply when either the profession or the education and training leading to the profession is regulated.
Amendment 96 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point a
Article 1 – paragraph 1 – point 6 – point a
Directive 2005/36/EC
Article 5 – paragraph 1 – point b – subparagraph 2
Article 5 – paragraph 1 – point b – subparagraph 2
Amendment 102 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point b
Article 1 – paragraph 1 – point 6 – point b
Directive 2005/36/EC
Article 5 – paragraph 4
Article 5 – paragraph 4
Amendment 106 #
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point a – point ii
Article 1 – paragraph 1 – point 7 – point a – point ii
Directive 2005/36/EC
Article 7 – paragraph 2 – point f
Article 7 – paragraph 2 – point f
f) (f) in the case of evidence of formal qualifications referred to in Article 21 (1) and in the case of certificates of acquired rights referred to in Articles 23, 26, 27, 30, 33, 33a, 37, 39, and 43, evidence attesting sufficient knowledge of the language of the host Member State.
Amendment 127 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point c
Article 1 – paragraph 1 – point 12 – point c
Directive 2005/36/EC
Article 14 – paragraph 3
Article 14 – paragraph 3
Amendment 155 #
Proposal for a directive
Article 1 – paragraph 1 – point 38
Article 1 – paragraph 1 – point 38
Directive 2005/36/EC
Article 53 – paragraphe 2 – subparagraph 1
Article 53 – paragraphe 2 – subparagraph 1
A Member State shall ensure that any controls of the knowledge of a language are carried out by a competent authority afterbefore the decisions referred to in Articles 4d, 7(4) and 51(3) have been taken and if there is a serious and concrete doubt about the professional's sufficient language knowledge in respect of the professional activities this person intends to pursue.
Amendment 162 #
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 the case of professions with patient safety implications, Member States may confer ton the competent authorities the right to carry out language checking covering all professionals concerned in the course of the procedure for the recognition of professional qualifications, if it is expressly requested by the national health care system, or in the case of self- employed professionals not affiliated to the nationals health care system, by representative national patient organisations.