7 Amendments of Maria GRAPINI related to 2016/0398(COD)
Amendment 71 #
Proposal for a directive
Recital 10
Recital 10
(10) The information to be submitted by the notifying Member State should be sufficient and relevant enough to assess compliance with Directive 2006/123/EC and, in particular, the proportionality of a notified authorisation scheme or requirement. Therefore, in accordance with the case-law of the Court of Justice of the European Union (CJEU), such information should clarify the public interest objective pursued, set out how the notified authorisation scheme or requirement is necessary and justified to meet this objective and explain how it is proportionate in doing so; thus, it should include sufficient explanations on why it is suitable, why it does not go beyond what is necessary and why no alternative and less restrictive means would be available. The reasons which may be invoked by the Member State concerned by way of justification should be accompanied by sufficient and appropriate evidence and by an analysis of the proportionality of the notified measure.
Amendment 83 #
Proposal for a directive
Recital 13
Recital 13
(13) The present Directive establishes a consultation of threesix months to allow an assessment of notified draft measures as well as an effective dialogue with the notifying Member State. In order to make the consultation work in practice and to allow Member States, the Commission and stakeholders to effectively provide their comments, Member States should notify draft measures at least three months prior to their adoption. Notifying Member States should take into account the comments made on the notified draft measure, in compliance with Union law.
Amendment 102 #
Proposal for a directive
Recital 15
Recital 15
(15) Failure to comply with the obligation to notify draft measures at least threesix months prior to their adoption and/or to refrain from adopting the notified measure during this period and, as the case may be, during the threesix months following the reception of an alert, should be considered to be a substantial procedural defect of a serious nature as regards its effects vis-à- vis individuals.
Amendment 119 #
Proposal for a directive
Recital 17
Recital 17
(17) Interested third parties shouldneed to be given access to notifications sent by Member States in order to make them aware of planned authorisation schemes or certain requirements related to services in markets in which they actually or potentially operate and to enable them to provide comments thereon.
Amendment 184 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. As from the date of the Commission informing the notifying Member State of the completeness of a notification received, a consultation of maximum threesix months shall take place among the notifying Member State, other Member States and the Commission.
Amendment 185 #
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. The Commission and Member States may, within a period of twofive months as of the beginning of the consultation period referred to in paragraph 2, submit comments to the notifying Member State.
Amendment 192 #
Proposal for a directive
Article 5 – paragraph 5
Article 5 – paragraph 5
5. Where neither the Commission nor other Member States have submitted comments to a notified draft measure within the twofive months referred to in paragraph 3, the consultation period shall end immediately.