20 Amendments of Heinz K. BECKER related to 2016/0402(COD)
Amendment 38 #
Proposal for a directive
Recital 27
Recital 27
(27) In case a host Member State has put in place a comprehensive and updated information database in its point of single contact, its coordinating authority can simply refer to the relevant webpage from where the information can be retrieved in the context of the European services e-card procedure, which should also be available in all of the official languages.
Amendment 46 #
Proposal for a directive
Recital 35
Recital 35
(35) The host Member State should no longer control whether the applicant for a European services e-card is legally established in another Member State. Nor should it put into question the veracity and validity of the data and documents included in an application, once validated by the coordinating authority of the home Member State. Conversely, the coordinating authority of the home Member State should not assess whether it issues a European services e- card for temporary cross-border provisions of services based on compliance by the provider of host Member State requirements, rather it should only assess of whether the applicant is legally established in its territory for the provision of the service in question at the time the decision to issue is made. The host Member State should have the opportunity to check whether the applicant for a European services e-card is legally established in another Member State, in case of reasonable suspicion of abuse. In the same manner, the member state should be able to put into question the veracity and validity of the data and documents included in an application, even after validation by the coordinating authority of the home Member State, in case of reasonable suspicion of abuse.
Amendment 54 #
Proposal for a directive
Recital 40
Recital 40
(40) A European services e-card should allow for provision of services throughout the territory of the host Member State. A service provider, once established in a Member State in the form of a branch, agency or office, should not, in principle, need to apply for another e-card in order to expand provision of services already covered by the existing e-card domestically through additional branches, agencies or offices there, as the case may be. However, as Directive 2006/123/EC expressly provides for, authorisations for each individual branch, agency or office may be justified by overriding reasons of public interest. In that case, sService providers should continue to have the choice of expanding operations domestically by obtaining those authorisations under national law or applying for additional European services e-cards, for each additional branch, agency of office, as the case may be.
Amendment 58 #
Proposal for a directive
Recital 42
Recital 42
(42) A European services e-card should be valid for an indefinite period in24 months and renewed automatically for the same period an indefinite number of times, without prejudice to, in relation to temporary cross- border services, the effects of case-by-case derogations in accordance with Directive 2006/123/EC. The renewal process should include a check of the validity of information relating to the service provider
Amendment 66 #
Proposal for a directive
Recital 43
Recital 43
(43) A European services e-card should however be suspended by the issuing coordinating authority if, temporarily, the service provider is banned from providing the services in question. The suspension should last as long as the ban is in place. A European services e-card should be revoked by the issuing coordinating authority if the conditions for issuing it or for it to remain valid, as a testament of legality of service provision in the host Member State, are no longer met. A final decision establishing that an e-card holder misrepresented him or herself as a service provider and that, under national law of either home or host Member State he or she is considered to be a worker, should lead to the revocation of the European services e-cards in question. Similarly, cases of fraudulent, inaccurate or falsified information or documents used in the context of issuing a European services e- card should impact the validity of the e- card. In order to prevent the existence of inaccurate or fraudulent information, the service provider should be obliged to update the information on the card regularly. Providing false information on the e-card should be subject to a fine established by the Member States.
Amendment 90 #
Proposal for a directive
Article 5 – paragraph 4 – point v a (new)
Article 5 – paragraph 4 – point v a (new)
(va) any requirements regarding measures relating to posted workers in accordance with the Article 9 of Directive 2014/67/EU.
Amendment 96 #
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1
Article 7 – paragraph 2 – subparagraph 1
A European services e-card shall be valid for an indefinite duration24 months, and shall be automatically renewable an indefinite number of times, unless suspended, revoked or cancelled, in accordance with Articles 15 to 17. The renewal process shall be launched by the coordinating authority concerned and shall include a check of the validity of the information relating to the service provider. The service provider shall provide updated information if requested to do so by the coordinating authority concerned. The coordinating authority shall carry out checks and inspections, if necessary, in order to ascertain the occurrence of any event that may result in the suspension or revocation of the European services e-card pursuant to Article 15 or 16.
Amendment 110 #
Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – introductory part
Article 11 – paragraph 1 – subparagraph 1 – introductory part
The coordinating authority of the home Member State shall within onthree weeks of having received an application for a European services e-card:
Amendment 117 #
Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – point d
Article 11 – paragraph 1 – subparagraph 1 – point d
(d) verify the content and validity of accompanying documents, if any, that prove compliance with requirements applicable to the service provision to which the applicant is subject in the home Member State;
Amendment 118 #
Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – point g
Article 11 – paragraph 1 – subparagraph 1 – point g
(g) upload to the electronic platform where the standard form for application is made available the necessary documents, if any, obtained in accordance with Article 14(2).
Amendment 121 #
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The coordinating authority of the home Member State shall, upon completion of the tasks referred to in paragraph 1, communicatetransfer without delay the application to the coordinating authority of the host Member State, with information to the applicant.
Amendment 126 #
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
Within twohree weeks from receiving the application from the home member state, the coordinating authority of the host Member State shall examine it and inform the applicant and the home Member State of any requirements applicable to temporary cross-border provisions under the legislation of the host Member State with the exception of those referred to in Article 5(4). In line with the rights of Member States as referred to in Article 10, the coordinating authority of the host Member State may within the same time- limit, decide to object to the issue of the European services e-card by the coordinating authority of the home Member State where it demonstrates that the application of a prior authorisation scheme, prior notification scheme or requirements to the applicant is justified for one of those overriding reasons of public interest set out in Article 16 of Directive 2006/123/EC or is admissible in accordance with other acts of EU law.
Amendment 141 #
Proposal for a directive
Article 12 – paragraph 3 – subparagraph 1
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 1 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).
Amendment 149 #
Proposal for a directive
Article 13 – paragraph 1 – subparagraph 2
Article 13 – paragraph 1 – subparagraph 2
The host Member State shall immediatelyno later than three weeks after receipt of the application inform the applicant and the coordinating authority of the home Member State of the prior authorisation or prior notification scheme in question, the conditions which the applicant is required to comply with and of the necessity and proportionality thereof.
Amendment 170 #
Proposal for a directive
Article 13 – paragraph 6
Article 13 – paragraph 6
Amendment 175 #
Proposal for a directive
Article 13 – paragraph 7
Article 13 – paragraph 7
7. The Commission shall be empowered to adopt delegated acts in accordance with Article 18 in order to specify the procedure for the coordinating authority of the host Member State to request clarifications or additional information from the home Member State as referred to in paragraph 5, and to modify if necessary the time-limits mentioned in paragraphs 1 and 4.
Amendment 182 #
Proposal for a directive
Article 15 – paragraph 2 – point iv a (new)
Article 15 – paragraph 2 – point iv a (new)
(iva) Member States shall ensure that coordinating authorities who issued a European services e-card revoke it in case the e-card holder does not comply with the posting of workers regulation
Amendment 184 #
Proposal for a directive
Article 16 – paragraph 3 – introductory part
Article 16 – paragraph 3 – introductory part
3. Member States shall ensure coordinating authorities who issued a European services e-card revoke, by electronic means, through the IMI system, all European services e-cards issued for the same provider and service activities in case that provider:
Amendment 191 #
Proposal for a directive
Article 17 – paragraph 6
Article 17 – paragraph 6
6. The holder of a European services e-card may, by electronic means, request the cancellation of its previously issuedthe European services e-card to the issuing coordinating authority at any time.
Amendment 194 #
Proposal for a directive
Article 17 – paragraph 7 – subparagraph 2 a (new)
Article 17 – paragraph 7 – subparagraph 2 a (new)
Member States may impose a fine on a service provider that provides information that proves to be incorrect upon inspection.