BETA

55 Amendments of Dita CHARANZOVÁ related to 2016/0404(COD)

Amendment 56 #
Proposal for a directive
Title
Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on a proportionality test before adoption of new regulation of services and professions (Text with EEA relevance)
2017/09/08
Committee: IMCO
Amendment 57 #
Proposal for a directive
Recital 1
(1) The freedom to choose an occupation is a fundamental right. The Charter of Fundamental Rights of the European Union guarantees the freedom to choose an occupation, as well as the freedom to conduct a business. The free movement of workers, freedom of establishment and freedom to provide services are fundamental principles of the internal market enshrined in the Treaty. National rules organising access to service activities, and in particular the activities of regulated professions should therefore not constitute any unjustified and disproportionate obstacle to the exercise of those fundamental rights.
2017/09/08
Committee: IMCO
Amendment 59 #
Proposal for a directive
Recital 2
(2) In the absence of specific provisions harmonising the requirements on access to a service activity, such as an activity of a regulated profession or its pursuit laid down in Union law, it is the Member States’ prerogative to decide whether and how to regulate a service activity or a profession within the limits of the principles of non- discrimination and proportionality.
2017/09/08
Committee: IMCO
Amendment 67 #
Proposal for a directive
Recital 7
(7) The activities covered by this Directive should concern the legislative, regulatory or administrative provisions of Member States restricting the access to or pursuit of service activities, including in particular the activities of 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 service activity or a regulated profession.
2017/09/08
Committee: IMCO
Amendment 73 #
Proposal for a directive
Recital 7 a (new)
(7a) The rules of this Directive on a common framework for conducting proportionality assessments should begin to apply before Member States introduce new, or amend existing, legislative, regulatory or administrative provisions restricting the access to or pursuit of services activities, including in particular the activities of regulated professions. In addition, where the provisions being introduced, or amended, make substantive changes to the regulation of service activities or concern a profession, the existing requirements that are not being amended should also be subject to the proportionality assessment under this Directive.
2017/09/08
Committee: IMCO
Amendment 91 #
Proposal for a directive
Recital 10
(10) It is appropriate to monitor the proportionality of the provisions restricting the access to or pursuit of service activities, including the activities of regulated professions, on a regular basis and with a frequency appropriate to the regulation concerned. A review of the proportionality of restrictive national legislation in the area of regulated service activities, and in particular the activities 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 assessment of the proportionality of the national legislation should be based on developments found to have occurred in the area since the legislation was adopted.
2017/09/08
Committee: IMCO
Amendment 103 #
Proposal for a directive
Recital 12
(12) Where the taking-up and pursuit of certain employed or self-employed activities are conditional on complying with certain provisions, and in particular requirements 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. Where those objectives apply, regulation of professions should be considered to be a necessary safeguard of the public interest rather than an obstacle to competition and free movement. 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; 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, social policy objectives 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.
2017/09/08
Committee: IMCO
Amendment 106 #
Proposal for a directive
Recital 12 a (new)
(12a) Where an example of regulation of professions is justified by the protection of public health, the special characteristics of health services should be borne in mind. Health services are very different from other services, and patients are very different from other service recipients. Consequently, health professions should be considered to be typically subject to regulation of professions.
2017/09/08
Committee: IMCO
Amendment 112 #
Proposal for a directive
Recital 13
(13) Where a Member State intends to regulate a service activity, and in particular the access to or pursuit of a profession, or to amend existing rules, account should be taken of the nature of the risks related to the public interest objectives pursued, in particular the risks to consumers, to professionals or third parties. It should also be borne in mind that, in the field of professional services, there is usually an asymmetry of information between consumers and professionals. Professionals display a high level of technical knowledge which consumers may not have and consumers therefore find it difficult to judge the quality of the services provided to them.
2017/09/08
Committee: IMCO
Amendment 119 #
Proposal for a directive
Recital 16
(16) Among the elements to be taken into account by national authorities, the following are of most relevance when assessing the requirements falling within the scope of Directive 2005/36/EC: 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.
2017/09/08
Committee: IMCO
Amendment 122 #
Proposal for a directive
Recital 17
(17) Where a Member State regulates a service activity or a profession, account should be taken of the fact that technological developments may reduce the asymmetry of information between consumers and professionals. In view of the speed of technological change and scientific progress, up-dates in access requirements may be of particular importance for a number of service activities and regulated professions.
2017/09/08
Committee: IMCO
Amendment 128 #
Proposal for a directive
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 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 service activities, including the activities of regulated professions, within the Union is proportionate to the importance of the objectives pursued and the expected gains.
2017/09/08
Committee: IMCO
Amendment 137 #
Proposal for a directive
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 toauthorisation schemes, restrictions on advertising as well as mandatory tariff requirements, to the extent necessary to exercise service activities or practise the profession. 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.
2017/09/08
Committee: IMCO
Amendment 140 #
Proposal for a directive
Recital 20 a (new)
(20a) The proportionality criteria as set out in this Directive should be applied to the appropriate extent and degree of intensity as part of an assessment of proportionality to be undertaken before introducing new or amended legislative, regulatory or administrative provisions restricting access to or pursuit of service activities, including the activities of regulated professions. The extent and degree of intensity applied during the assessment should be proportionate to the content of the provision being introduced and its impact.
2017/09/08
Committee: IMCO
Amendment 147 #
Proposal for a directive
Recital 21
(21) It is essential for the proper functioning of the internal market to ensure that Member States provide information toconsult citizens, representative associations or other relevant stakeholders before introducing new measures restricting access to or pursuit of service activities, including the activities of regulated professions, and give them the opportunity to make knownthat they take account of their views.
2017/09/08
Committee: IMCO
Amendment 149 #
Proposal for a directive
Recital 22
(22) To facilitate the exchange of best practices, each Member State should encourage the relevant competent authorities to share adequate and regularly updated information with other Member States on the regulation of services and professions.
2017/09/08
Committee: IMCO
Amendment 152 #
Proposal for a directive
Recital 23
(23) In order to increase transparency and promote proportionality assessments based on comparable criteria, it is important that the information on regulated professions submitted by Member States be easily accessible in the database of regulated professions to allow all interested parties to submit comments.
2017/09/08
Committee: IMCO
Amendment 153 #
Proposal for a directive
Recital 24
(24) Since the objectives of this Directive, namely the removal of disproportionate restrictions on access to or pursuit of service activities, and in particular the activities of regulated professions, cannot be sufficiently achieved by the Member States but can rather, by reason of the scale of the action, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives,
2017/09/08
Committee: IMCO
Amendment 161 #
Proposal for a directive
Article 2 – paragraph 1
1. This Directive shall apply to requirements under the legal systems of the Member States restricting access to or exercise of service activities, and in particular requirements restricting the access to a regulated profession or its pursuit, or one of its modes of pursuit, including the use of professional titles and the professional activities allowed under such title, falling within the scope of Directive 2005/36/EC. Article 9 of this Directive shall apply to requirements falling within the scope of Directive 2005/36/EC.
2017/09/08
Committee: IMCO
Amendment 165 #
Proposal for a directive
Article 2 – paragraph 1 a (new)
1 a. The common framework for conducting proportionality assessments set out in this Directive shall apply to new or amended legislative, regulatory or administrative provisions restricting access to or pursuit of service activities, including the activities of regulated professions. Where those new or amended provisions make substantive changes to the regulation of a service activity or the profession concerned, the common framework for conducting proportionality assessments shall also apply to existing requirements that are not being amended.
2017/09/08
Committee: IMCO
Amendment 170 #
Proposal for a directive
Article 2 – paragraph 2
2. Where specific arrangements concerning the regulation of a service activity or a given profession are established in a separate Union act, the corresponding provisions of this Directive shall not apply.
2017/09/08
Committee: IMCO
Amendment 174 #
Proposal for a directive
Article 3 – paragraph 2 – point b a (new)
(ba) "service activity" means any economic activity, normally provided for remuneration, within the meaning of Article 57 TFEU.
2017/09/08
Committee: IMCO
Amendment 181 #
Proposal for a directive
Article 4 – paragraph 1
1. Member States shall ensure that before introducing new, or amending existing, legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, or amending existing service activities, including in particular the activities of regulated professiones, the relevant competent authorities undertake an assessment of their proportionality in accordance with the rules laid down in this Directive.
2017/09/08
Committee: IMCO
Amendment 195 #
Proposal for a directive
Article 4 – paragraph 4
4. Member States shall monitor the proportionality of legislative, regulatory or administrative provisions restricting access to or pursuit of service activities, and in particular the activities 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 adopted.
2017/09/08
Committee: IMCO
Amendment 205 #
Proposal for a directive
Article 5 – paragraph 1
1. Member States shall ensure that legislative, regulatory or administrative provisions restricting access to or pursuit of service activities, and in particular the activities of regulated professions, they intend to introduce and amendments they intend to make to existing provisions are justified by public interest objectives. Where those provisions introduce substantive changes to the regulation of a service activity or the profession concerned, Member States shall also review whether the existing regulation that is not being amended remains justified by its underlying public interest objectives.
2017/09/08
Committee: IMCO
Amendment 212 #
Proposal for a directive
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, including patients, 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, social policy objectives and cultural policy objectives.
2017/09/08
Committee: IMCO
Amendment 219 #
Proposal for a directive
Article 6 – paragraph 1
1. Before introducing new, or amending existing, legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, or amending existing service activities, including the activities of regulated professiones, Member States shall assess whether those provisions are necessary and suitable for securing the attainment of the objective pursued and do not go beyond what is necessary to attain that objective. Where those provisions introduce substantive changes to the regulation of a services activity or the profession concerned, Member States shall also assess the proportionality of the existing regulation.
2017/09/08
Committee: IMCO
Amendment 224 #
Proposal for a directive
Article 6 – paragraph 2 – introductory part
2. When assessing the necessity and the proportionality of the provisions, the competent authorities shall apply the criteria set out in this paragraph in a considered manner, and having regard to the particular circumstances of the individual case and the nature of the provision being assessed. The relevant competent authorities shall consider in particular:
2017/09/08
Committee: IMCO
Amendment 233 #
Proposal for a directive
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, service recipients, including patients, to professionals or third parties;
2017/09/08
Committee: IMCO
Amendment 236 #
Proposal for a directive
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;
2017/09/08
Committee: IMCO
Amendment 242 #
Proposal for a directive
Article 6 – paragraph 2 – point b a (new)
(ba) whether the provision genuinely reflects the objective pursued in a consistent and systematic manner and therefore, addresses the risks identified in a similar way as in comparable activities;
2017/09/08
Committee: IMCO
Amendment 245 #
Proposal for a directive
Article 6 – paragraph 2 – point c a (new)
(ca) the scientific and technological developments which might reduce the asymmetry of information between professionals and consumers;
2017/09/08
Committee: IMCO
Amendment 247 #
Proposal for a directive
Article 6 – paragraph 2 – point c b (new)
(c b) 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;
2017/09/08
Committee: IMCO
Amendment 248 #
Proposal for a directive
Article 6 – paragraph 2 – point c c (new)
(c c) the possibility to use less restrictive means to achieve public interest objective; 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 authorities shall assess in particular whether the objective can be attained by the use of a protected professional title, without reserving activities;
2017/09/08
Committee: IMCO
Amendment 249 #
Proposal for a directive
Article 6 – paragraph 2 – point c d (new)
(c d) the cumulative effect of restrictions to both the access and pursuit of the service activity, including the activity of a regulated profession, and in particular how each of those requirements contributes to and whether it is necessary to achieve the same public interest objective.
2017/09/08
Committee: IMCO
Amendment 250 #
Proposal for a directive
Article 6 – paragraph 2 – point d
(d) the link between the scope of activities covered by a profession or reserved to it and the professional qualification required;deleted
2017/09/08
Committee: IMCO
Amendment 254 #
Proposal for a directive
Article 6 – paragraph 2 – point e
(e) the link between the complexity of the tasks and the necessary possession of specific professional qualifications, in particular as regards the level, the nature and the duration of the training or experience required, as well as the existence of different routes to obtain the professional qualification;deleted
2017/09/08
Committee: IMCO
Amendment 259 #
Proposal for a directive
Article 6 – paragraph 2 – point f
(f) the scope of the professional activities reserved to holders of a particular professional qualification, namely whether and why the activities reserved to certain professions can or cannot be shared with other professions;deleted
2017/09/08
Committee: IMCO
Amendment 266 #
Proposal for a directive
Article 6 – paragraph 2 – point g
(g) the degree of autonomy in exercising a regulated profession and the impact of organisational and supervision arrangements on the attainment of the objective pursued, in particular where the activities relating to a regulated profession are pursued under the control and responsibility of a duly qualified professional;deleted
2017/09/08
Committee: IMCO
Amendment 268 #
Proposal for a directive
Article 6 – paragraph 2 – point h
(h) the scientific and technological developments which may reduce the asymmetry of information between professionals and consumers;deleted
2017/09/08
Committee: IMCO
Amendment 272 #
Proposal for a directive
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;deleted
2017/09/08
Committee: IMCO
Amendment 277 #
Proposal for a directive
Article 6 – paragraph 2 – point j
(j) the possibility to use less restrictive means to achieve the public interest objective;deleted
2017/09/08
Committee: IMCO
Amendment 283 #
Proposal for a directive
Article 6 – paragraph 2 a (new)
(The points in this new paragraph 2a come, with some changes, from the existing paragraph2 a. When assessing the proportionality of the provisions falling within the scope of Directive 2005/36/EC, the relevant competent authorities shall also consider: (a) the link between the scope of activities covered by a profession or reserved to it and the professional qualification required; (b) the link between the complexity of the tasks and the necessary possession of specific professional qualifications, in particular as regards the level, the nature and the duration of the training or experience required; (c) the existence of different routes to obtain the professional qualification; (d) whether and why the activities reserved to certain professions can or cannot be shared with other professions; (e) the degree of autonomy in exercising a regulated profession and the impact of organisational and supervision arrangements on the attainment of the objective pursued, in particular where the activities relating to a regulated profession are pursued under the control and responsibility of a duly qualified professional; Or. en 2 of the COM proposal.)
2017/09/08
Committee: IMCO
Amendment 286 #
Proposal for a directive
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 authorities shall assess in particular whether the objective can be attained by protected professional title without reserving activities.deleted
2017/09/08
Committee: IMCO
Amendment 290 #
Proposal for a directive
Article 6 – paragraph 4 – introductory part
4. For the purposes of point (cd) of paragraph 2(k), the relevant competent authorities shall assess in particular the cumulative effect of imposing any of the following requirements:
2017/09/08
Committee: IMCO
Amendment 293 #
Proposal for a directive
Article 6 – paragraph 4 – point a
(a) reserved activities, existing alongside protected professional title;
2017/09/08
Committee: IMCO
Amendment 296 #
Proposal for a directive
Article 6 – paragraph 4 – point a a (new)
(aa) a protected professional title;
2017/09/08
Committee: IMCO
Amendment 299 #
Proposal for a directive
Article 6 – paragraph 4 – point b
(b) mandatory continuous professional development requirements;
2017/09/08
Committee: IMCO
Amendment 305 #
Proposal for a directive
Article 6 – paragraph 4 – point j
(j) language knowledge requirements, to the extent necessary to practise the profession.;
2017/09/08
Committee: IMCO
Amendment 306 #
Proposal for a directive
Article 6 – paragraph 4 – point j a (new)
(ja) authorisation schemes;
2017/09/08
Committee: IMCO
Amendment 307 #
Proposal for a directive
Article 6 – paragraph 4 – point j b (new)
(j b) requirements on advertising;
2017/09/08
Committee: IMCO
Amendment 308 #
Proposal for a directive
Article 6 – paragraph 4 – point j c (new)
(j c) compulsory tariff requirements.
2017/09/08
Committee: IMCO
Amendment 314 #
Proposal for a directive
Article 7 – paragraph 1
Member States shall, by appropriate means, informconsult citizens, service recipients, representative associations and relevant stakeholders other than the members of the profession before introducing new, or amending existing, legislative, regulatory or administrative provisions restricting access to or pursuit of services activities, including activities of regulated professions, or amending existing ones, and give them the opportunity to make knowntake account of their views.
2017/09/08
Committee: IMCO
Amendment 319 #
Proposal for a directive
Article 8 – paragraph 1
1. For the purposes of the efficient application of this Directive, before introducing new, or amending existing, legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, or amending existing onesservices activities, including activities of regulated professions, and when reviewing existing regulation in case of substantive changes being introduced, Member States shall encourage the 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.
2017/09/08
Committee: IMCO
Amendment 323 #
Proposal for a directive
Article 9 – paragraph 1
1. The reasons for considering that provisions restricting access to or the pursuit of regulated professions, assessed in accordance with this Directive, are justified, necessary and proportionate, and which are communicated to the Commission pursuant to paragraphs 5 and 6 of Article 59 of Directive 2005/36/EC, shall be recorded by the relevant competent authorities in the database of regulated professions, referred to in Article 59 paragraph 1 of Directive 2005/36/EC and thereafter made publicly available by the Commission.
2017/09/08
Committee: IMCO