42 Amendments of Rina Ronja KARI related to 2016/0404(COD)
Amendment 13 #
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. Following Article 168 TFEU, professions in the health and social service sector should be excluded from the scope of this directive.
Amendment 28 #
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 evidence substantiating its arguments, substantiating its arguments.In accordance with the Court of Justice, Member States must be allowed discretion in the election of the measure and level of protection of the public interest, which may vary from one Member State to another.
Amendment 32 #
Proposal for a directive
Recital 10
Recital 10
(10) It is appropriate to monitor the proportionality of the provisions restricting access to or pursuit of regulated professions on a regular basis and with a frequency appropriate to the regulation concernafter they are adopted. A review of the proportionality of restrictive national legislation in the area of regulated professions should be based not only on the objective of that legislation at the time of its adoption, but also on the effects of the legislation, assessed after its adoption. The assessnot exceed the requirements of the proportionality of the national legislation should be based on developments found to have occurred in the area since the legislation was adoptedArticle 59(3) of Directive 2005/36/EC.
Amendment 37 #
Proposal for a directive
Recital 11
Recital 11
(11) Member States should carry out proportionality assessments in an objective and independent manner, including where a profession is regulated indirectly, by giving a particular professional body the power to do so. In particular, while the assessment of the local authorities, regulatory bodies or professional organisations, whose greater proximity to local conditions and specialised knowledge could in certain cases make them better placed to identify the best way of meeting the public interest objectives, there is particular reason for concern in cases where the policy choice made by those authorities or bodies provides benefits to established operators at the expense of new market entrants.
Amendment 45 #
Proposal for a directive
Recital 12
Recital 12
(12) Where the taking-up and pursuit of certain employed or self-employed activities are conditional on complying with certain provisions relating to specific professional qualifications, laid down directly or indirectly by the Member States, it is necessary to ensure that such provisions are justified by public interest objectives, such as those within the meaning of the Treaty, namely public policy, public security and public health or by overriding reasons of general interest, recognised as such in the case-law of the Court of Justice. It is important to ensure that public interest objectives are adequately identified in order to determine the intensity of the regulation. For example, in order to ensure a high level of protection of public health, Member States should enjoy a margin of discretion to decide on the degree of protection which they wish to afford to public health and on the way in which that protection is to be achieved. It is also necessary to clarify that among the overriding reasons of general interest, recognised by the Court of Justice, are 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; roadtransport 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, social policy objectives, the protection of individual and collective workers' rights, vocational training systems, workers' self- management, and cultural policy objectives. According to settled case-law, purely economic reasons, having essentially protectionist aims, as well as purely administrative reasons, such as carrying out controls or gathering statistics cannot constitute an overriding reason of general interest.
Amendment 52 #
Proposal for a directive
Recital 14
Recital 14
(14) To meet the requirement of proportionality, the measure should be suitable for securing the attainment of the objective pursued. A measure should only be considered suitable for securing the attainment of the objective pursued, if it genuinely reflects a concern to attain that objective in a consistent and systematic manner, for instance where similar risks related to certain activities are addressed in a comparable way and where any exceptions to the restrictions involved are applied in line with the stated objective. Furthermore, the national measure should contribute to achieving the objective pursued and therefore, where it has no effect on the ground for justification, it should not be considered as suitable.
Amendment 54 #
Proposal for a directive
Recital 15
Recital 15
(15) RAccording to European case-law1a, requirements linked to professional qualifications shouldmay be considered as necessary only where existing measures, such as consumer protection law, cannot be regarded as being suitable or genuinely effective to achieve the aim pursued.ppropriate and necessary without Member States having to prove, positively, that no other conceivable measure could enable that objective to be attained under the same conditions. _________________ 1a Case C-110/05; Case-518/06
Amendment 57 #
Proposal for a directive
Recital 16
Recital 16
(16) Among the elements tohat may be taken into account by national authorities, the following are of most relevancre are: the link between the scope of professional activities covered by a profession and the professional qualification required; the complexity of the tasks in particular as regards the level, the nature and the duration of the training or experience required; the existence of different routes to obtain the professional qualification; the scope of the professional activities, reserved to holders of a particular professional qualification, and in particular whether the activities reserved to certain professionals can be shared with other professionals; the degree of autonomy in exercising a regulated profession in particular where the activities relating to a regulated profession are pursued under the control and responsibility of a duly qualified professional.
Amendment 58 #
Proposal for a directive
Recital 17
Recital 17
Amendment 62 #
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 on 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 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 69 #
Proposal for a directive
Recital 19
Recital 19
(19) Member States should carry out a comparison between the national measure at issue and the alternative and less restrictive solutions that would allow the same objective to be attained but would impose fewer restrictions. 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 objective could be attained by less restrictive means than reserving activities to professionals, such as protection of the professional title or enrolment on a professional register. Regulation by way of reserved activities should be used only in cases where the measures aim at preventing a risk of serious harm to public interest objectives.
Amendment 73 #
Proposal for a directive
Recital 20
Recital 20
(20) The national authorities should carry out a global assessment of the circumstances in which the restrictive measure is adopted and implemented and examine in particular the cumulative effect of imposing several requirements in addition to the specific professional qualification. The taking-up and pursuit of certain activities may be conditional on complying with certain provisions such as rules relating to the organisation of the profession, compulsory membership of a professional body, professional ethics, supervision and liability. Therefore, when assessing the cumulative effect of the measures, the competent authorities should also take into account other existing requirements, such as continuous professional development, compulsory chamber membership, registration or authorisation schemes, quantitative restrictions, specific legal form requirements and shareholding requirements, territorial restrictions, multidisciplinary restrictions and incompatibility rules, requirements concerning insurance cover as well as language knowledge requirements, to the extent necessary to practise the profession. When doing so, existing procedures that are not amended should not be subject to a new proportionality assessment. A measure introduced by a Member State cannot be regarded as necessary to achieve the objective pursued if it essentially duplicates requirements which have already been introduced in the context of other rules or procedures.
Amendment 79 #
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 the social partners, as well as citizens, representative associations, or other relevant stakeholders with a legitimate interest, before introducing new measures restricting access to or pursuit of regulated professions and give them the opportunity to make known their views.
Amendment 91 #
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 before introducing new 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. It does not affect the Member States' prerogative and margin of discretion to decide whether and how to regulate a profession within the limits of the principles of non-discrimination and proportionality.
Amendment 102 #
Proposal for a directive
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
1 a. Without prejudice to the application of Directive 2005/36/EC, this directive shall not apply to professions providing health care services and social services, whether or not those services are provided within the framework of healthcare or social service establishments and independently of the manner in which they are organised and financed at national, regional and local level and independently from its provision by the public or private (non-profit or commercial) sector.
Amendment 115 #
Proposal for a directive
Article 4 – title
Article 4 – title
Amendment 123 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that before introducingundertake an assessment of proportionality when introducing significant new legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, or amending existing ones, the relevant competent authorities undertake an assessment of their proportionality in accordance with the rules laid down in this Directive.
Amendment 129 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Any provision referred to in paragraph 1 shall be accompanied by a detailed statementn explanation making it possible to appraise compliance with the principle of proportionality.
Amendment 134 #
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The reasons for considering that a provision is justified, necessary and proportionateAny provision referred to in paragraph 1 shall be substantiated by qualitative and, wherever possible relevant, quantitative evidence.
Amendment 139 #
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Member States shall monitor the proportionality of legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions on a regular basis and with a frequency appropriate to the regulation concerned, having due regard to any developments that have occurred since the measure concerned was adoptedafter adoption.
Amendment 145 #
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 manner including through involvement of independent scrutiny bodies.
Amendment 151 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The relevant competent authoritiMember States 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. These include, inter alia, 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, roadtransport 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, social policy objectives; the protection of individual and collective worker’s rights, vocational training systems, workers‘ self-management and cultural policy objectives.
Amendment 170 #
Proposal for a directive
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. When assessing the necessity and the proportionality of the provisions, the relevant competent authoritiFor the purposes of the assessment in paragraph 1, Member States shall consider in particular:
Amendment 183 #
Proposal for a directive
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
(b) the suitability of the provision namely as regards its appropriateness to attain the objective pursued and whether it genuinely reflects that objective in a consistent and systematic manner and thus, addresses the risks identified in a similar way as in comparable activities;
Amendment 188 #
Proposal for a directive
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
Amendment 221 #
Proposal for a directive
Article 6 – paragraph 2 – point i
Article 6 – paragraph 2 – point i
(i) the economic impact of the measure, 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 free movement of persons and services within the Union;
Amendment 225 #
Proposal for a directive
Article 6 – paragraph 2 – point j
Article 6 – paragraph 2 – point j
(j) the possibility to use less restricalternative means to achieve the public interest objective;
Amendment 229 #
Proposal for a directive
Article 6 – paragraph 2 – point k
Article 6 – paragraph 2 – point k
Amendment 232 #
Proposal for a directive
Article 6 – paragraph 2 – point k a (new)
Article 6 – paragraph 2 – point k a (new)
(k a) the necessity to uphold the precautionary principle, so that the maximum protection of public health, consumer safety and the environment is ensured in the face of risks that are uncertain or not fully apparent;
Amendment 237 #
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 240 #
Proposal for a directive
Article 6 – paragraph 4 – introductory part
Article 6 – paragraph 4 – introductory part
4. For the purposes of paragraph 2(k), the relevant competent authorities shall assess in particular the cumulative effect of imposing any of the following requirements:deleted
Amendment 246 #
Proposal for a directive
Article 6 – paragraph 4 – point a
Article 6 – paragraph 4 – point a
(a) reserved activities, existing alongside protected professional title;deleted
Amendment 251 #
Proposal for a directive
Article 6 – paragraph 4 – point b
Article 6 – paragraph 4 – point b
(b) continuous professional development requirements;deleted
Amendment 256 #
Proposal for a directive
Article 6 – paragraph 4 – point c
Article 6 – paragraph 4 – point c
(c) rules relating to the organisation of the profession, professional ethics and supervision;deleted
Amendment 260 #
Proposal for a directive
Article 6 – paragraph 4 – point d
Article 6 – paragraph 4 – point d
(d) compulsory chamber membership, registration or authorisation schemes, in particular where those requirements imply the possession of a particular professional qualification;deleted
Amendment 262 #
Proposal for a directive
Article 6 – paragraph 4 – point e
Article 6 – paragraph 4 – point e
(e) quantitative restrictions, in particular requirements limiting the number of authorisations to practise, or fixing a minimum or a maximum number of employees, managers or representatives holding particular professional qualifications;deleted
Amendment 265 #
Proposal for a directive
Article 6 – paragraph 4 – point f
Article 6 – paragraph 4 – point f
(f) specific legal form requirements or requirements which relate to the shareholding or management of a company, to the extent those requirements are directly linked to the exercise of the regulated profession;deleted
Amendment 269 #
Proposal for a directive
Article 6 – paragraph 4 – point g
Article 6 – paragraph 4 – point g
(g) territorial restrictions, in particular where the profession is regulated in parts of a Member State’s territory in a different manner;deleted
Amendment 271 #
Proposal for a directive
Article 6 – paragraph 4 – point h
Article 6 – paragraph 4 – point h
(h) requirements restricting the exercise of a regulated profession jointly or in partnership, as well as incompatibility rules;deleted
Amendment 275 #
Proposal for a directive
Article 6 – paragraph 4 – point i
Article 6 – paragraph 4 – point i
(i) requirements concerning insurance cover or other means of personal or collective with regard to professional liability;deleted
Amendment 278 #
Proposal for a directive
Article 6 – paragraph 4 – point j
Article 6 – paragraph 4 – point j
(j) language knowledge requirements, to the extent necessary to practise the profession.deleted
Amendment 293 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
Member States shall, by appropriate means, inform the social partners, as well as citizens, service recipients, representative associations and relevant stakeholders other than the members of the professionwith a legitimate interest, 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.