24 Amendments of Heinz K. BECKER related to 2016/0404(COD)
Amendment 9 #
Proposal for a directive
Recital 5
Recital 5
(5) The results of the mutual evaluation process revealed a lack of clarity as regards the criteria to be used by national competent authorities when assessing the proportionality of requirements restricting access to or pursuit of regulated professions, as well as uneven scrutiny of such measures at all levels of regulation. To avoid fragmentation of the internal market and eliminate barriers to taking-up and pursuit of certain employed or self- employed activities and therefore boost employment where relevant, it is therefore necessary to establish a common approach at Union level, preventing disproportionate and unduly excessive measures from being adopted.
Amendment 10 #
Proposal for a directive
Recital 7
Recital 7
(7) The activities covered by this Directive should concern the regulated professions falling within the scope of Directive 2005/36/EC. This Directive should apply in addition to Directive 2005/36/EC and without prejudice to other provisions laid down in a separate Union act concerning access to, and the exercise of a given regulated profession. While professional regulation of healthcare services, consisting of activities intended to assess, maintain or restore the state of health of patients, remains, according to Article 59 of Directive 2005/36/EC, subject to compliance with the proportionality principle, it should be excluded from the scope of this Directive. This exception should also cover commercial health professions (opticians- optometrists including those specialising in contact lenses, hearing aid technicians, orthopaedic technicians, orthopaedic shoe makers and dental technicians).
Amendment 23 #
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8 a) This Directive establishes rules for proportionality test to be carried out before introducing new, or amending existing, legislative, regulatory or administrative provisions restricting access or pursuit of regulated professions.It has to be underlined, that this Directive leaves the prerogative to regulate access to or pursuit of regulated professions within Member States in respect of principles of non- discrimination and proportionality.
Amendment 26 #
Proposal for a directive
Recital 9
Recital 9
(9) The burden of proof of justification and proportionality lies on the Member States. The reasons for regulation invoked by a Member State by way of justification should thus be accompanied by an analysis of the appropriateness and proportionality of the measure adopted by that Member State and by specific evidence substantiating its arguments. Although a Member State does not necessarily have to be able to produce a specific study or a specific form of evidence or materials establishing the proportionality of such measure prior to its adoption, it should carry out a review capable of demonstrating that there was a genuine need to achieve public-interest objectives in view of the specific circumstances of that Member State.
Amendment 31 #
Proposal for a directive
Recital 9
Recital 9
(9) The burden of proof of justification and proportionality lies on the Member States. The reasons for regulation invoked by a Member State by way of justification should thus be accompanied by an analysis of the appropriateness and proportionality of the measure adopted by that State and by specific well justified evidence substantiating its arguments.
Amendment 67 #
Proposal for a directive
Recital 18
Recital 18
(18) The economic impact of the measure, including a cost-benefit analysis with particular regard to the degree of competition in the market and the quality of the service provided, as well as the impact on the right to work and on the free movement of persons and services within Member States and the Union should be duly taken into account by the competent authorities. Based on this analysis, Member States should ascertain, in particular, whether the extent of the restriction of access to or pursuit of regulated professions within the Union is proportionate to the importance of the objectives pursued and the expected gains.
Amendment 77 #
Proposal for a directive
Recital 20 a (new)
Recital 20 a (new)
(20 a) The extent and degree of the criteria being used during the proportionality test should be appropriate and adjusted to the content of the provisions being introduced and its impact.
Amendment 80 #
Proposal for a directive
Recital 21
Recital 21
(21) It is essential for the proper functioning of the internal market to ensure that Member States provide information to citizens, representative associations, social partners and consumers or other relevant stakeholders before introducing new measures restricting access to or pursuit of regulated professions and give them the opportunity to make known their views.
Amendment 84 #
Proposal for a directive
Recital 22
Recital 22
(22) To facilitate the exchange of best practices, each Member State should encouragesure that the relevant competent authorities to share adequate and regularly updated information with other Member States on the regulation of professions. The Commission should take relevant initiatives in order to encourage smooth exchange of information between Member States.
Amendment 89 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
This Directive lays down rules on a common framework for conducting proportionality assessments beforewhen introducing new or amending existing legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, or amending existing ones, with a view to ensuring the proper functioning of the internal market. The Directive shall be without prejudice, however, to the prerogative of Member States as to whether and how they regulate professions, subject to the principles of non-discrimination and proportionality, and to their margin of appreciation in that regard. The adoption by a Member State of protective measures more extensive than those of other Member States shall not necessarily be disproportionate.
Amendment 103 #
Proposal for a directive
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
1a. This Directive shall not apply to healthcare services consisting of activities intended to assess, maintain or restore the state of health of patients whether or not they are provided via healthcare facilities.This shall also include commercial health professions (opticians- optometrists including those specialising in contact lenses, hearing aid technicians, orthopaedic technicians, orthopaedic shoe makers and dental technicians).
Amendment 104 #
Proposal for a directive
Article 2 – paragraph 2
Article 2 – paragraph 2
2. Where specific arrangrequirements concerning the regulation of a given profession are established in a separate Union act, the corresponding provisions of this Directive shall not apply. Nor shall the provisions of the Directive apply in respect of Member States' provisions on the organisation or content of professional education and training or on delegating the organisation and supervision of such education and training to professional organisations.
Amendment 131 #
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The reasons for considering that a provision is justified, necessarynon-discriminatory, justified and proportionate shall be substantiated by qualitative and, wherever possible, quantitative evidence, taking into account the reasonable margin of appreciation allowed to Member States. An absence of quantitative evidence shall not be grounds for concluding that a provision is disproportionate.
Amendment 133 #
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The reasons for considering that a provision is justified, necessary, non- discriminatory and proportionate shall be substantiated by qualitative and, wherever possible, quantitative evidence.
Amendment 144 #
Proposal for a directive
Article 4 – paragraph 5
Article 4 – paragraph 5
5. Member States shall take the necessary measures to ensure that the assessment of proportionality referred to in paragraph 1 is carried out in an objective and independent mannerincluding through involvement of independent scrutiny bodies.
Amendment 155 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The relevant competent authorities shall consider in particular whether those provisions are objectively justified on the basis of public policy, public security or public health, or by overriding reasons in the public interest, such as preserving the financial equilibrium of the social security system, the protection of consumers, recipients of services and workers, the safeguarding of the proper administration of justice, fairness of trade transactions, combating fraud and prevention of tax evasion and avoidance, road safety, the protection of the environment and the urban environment, the health of animals, intellectual property, the safeguarding and conservation of the national historic and artistic heritage, threats to social policy objectives and cultural policy objectives.
Amendment 180 #
Proposal for a directive
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) the nature of the risks related to the public interest objectives pursued, in particular the risks to consumers, patients to professionals or third parties;
Amendment 217 #
Proposal for a directive
Article 6 – paragraph 2 – point i
Article 6 – paragraph 2 – point i
(i) the economic impact and impact on employment of the measure, with particular regard to the degree of competition in the market and the quality of the service provided, job creation, employment opportunities for young graduates as well as the impact on the free movement of persons and services within the Union;
Amendment 226 #
Proposal for a directive
Article 6 – paragraph 2 – point k
Article 6 – paragraph 2 – point k
Amendment 238 #
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. For the purposes of paragraph 2(j), where the measures are justified by consumer protection and where the risks identified are limited to the relationship between the professional and the consumer without negatively affecting third parties, the relevant competent authoritiMember States shall assess in particular whether the objective can be attained by protected professional title without reserving activiless restrictive means than reserving activities. Compulsory chamber membership shall also be an appropriate requirement in respect of professions covered by this Directive where the State has made professional organisations responsible for safeguarding the relevant public-interest objectives.
Amendment 257 #
Proposal for a directive
Article 6 – paragraph 4 – point d
Article 6 – paragraph 4 – point d
Amendment 282 #
Proposal for a directive
Article 6 – paragraph 4 – point j a (new)
Article 6 – paragraph 4 – point j a (new)
(j a) proportionality of administrative requirements.
Amendment 291 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
Member States shall, by appropriate means, inform citizens, service recipients, those in relevant training or education, representative associations and relevant stakeholders other than the members of the profession before introducing new legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, or amending existing ones, and give them the opportunity to make known their views.
Amendment 299 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. For the purposes of the efficient application of this Directive, before introducing new legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, or amending existing ones, Member States shall encourage thsure exchange of information with competent authorities of other Member States on matters covered by this Directive, such as the particular way they regulate a profession or the effects of regulation identified in similar sectors of activities, on a regular basis, or, where appropriate, on an ad hoc basis.