Activities of David BORRELLI related to 2016/0403(COD)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council introducing a European Services e-card and related administrative facilities
Amendments (20)
Amendment 63 #
Proposal for a regulation
Recital 3
Recital 3
(3) Directive 2006/123/EC requires Member States to put in place and keep constantly updated Points of Single Contacts where a service provider wishing to establish or to provide services can find all relevant information about requirements to be complied with and e-procedures in respect of all formalities, authorisations and notifications to go through. However, costly information challenges and difficulties complying with national procedures at a distance remain to date for service providers, namely for sector-related requirements. Cooperation between the administrations of different Member States should in principle take place via a more complex and sophisticated version of the Internal Market Information System (IMI), an IT-platform offered for cross-border exchange of information and mutual assistance between authorities in different Member States under that Directive. Despite the fact that authorities sometimes have doubts with regard to the legal establishment of a provider in another Member State, the possibilities for cooperation currently provided in IMI are not exploited to their full potential. To make this happen, the IMI system should be implemented with a public interface for service providers, interconnections with other relevant systems, a back-office function for national authorities, and a better system for data matching, data mining and data processing so that the authorities are able to carry out checks in real time and thereby limit the proliferation of fraudulent practices and letterbox companies.
Amendment 79 #
Proposal for a regulation
Recital 12
Recital 12
(12) For reasons of coherence, possible conflicts between the present Regulation and other EU acts governing specific aspects of access or exercise of a service activity in a specific sector should be solved as provided for in Article 3 of Directive 2006/123/EC for conflicts between that Directive and such acts, with the application of those other acts. As a result, the provisions in the present Regulation cannot be relied upon in order to justify prior authorisation schemes, prior notification schemes or establishment requirements which are prohibited by other EU acts governing specific aspects of access or exercise of a service activity in a specific sector such as Directive 2000/31/EC of the European Parliament and of the Council of 8 June 200019. As a further result, this Regulation does in no way affect the obligations service providers should respect in accordance with Directive 96/71/EC of the European Parliament and of the Council20 and Directive 2014/67/EU of the European Parliament and of the Council21 . _________________ 19 , as well as the obligations laid down in Directives 2014/23/EU and 2014/25/EU and the procedures contained in the European Single Procurement Document (ESPD). _________________ 19 Directive 2000/31/EC of the European Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce in the internal market (OJ L178, 17.7.2000, p. 1) 20 Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (OJ L 18, 21.1.1997, p. 1) 21 Directive 2014/67/EU of the European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System (‘the IMI Regulation’) (OJ L 159, 28.5.2014, p. 11)
Amendment 89 #
Proposal for a regulation
Recital 18
Recital 18
(18) Description of the terms of coverage of a mandatory or voluntary insurance included in written contracts might be difficult to find. Insurance distributercompanies, as well as bodies appointed by a Member State to provide compulsory insurance, should therefore provide a description of the core elements of coverage to their client in the format of an insurance certificate. This certificate should be annexed to the application form. In order to ensure uniform implementation of this part of the Regulation, implementing powers should be conferred on the Commission to adopt a harmonised format for the certificates. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council.
Amendment 92 #
Proposal for a regulation
Recital 19
Recital 19
(19) HThis Regulation is without prejudice to Directive 2014/67/EU of the European Parliament and of the Council on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System. Therefore, holders of a European services e- card may want to second staff into the territory of the host Member State. When doing so, service providers may be subject to requirements, such as prior declarations addressed to the host Member State, necessary for the protection of posted workers. The European Services e- card will in no way affect the content of such declarations and the responsibilities by the host Member State in that regard.
Amendment 101 #
Proposal for a regulation
Recital 27
Recital 27
(27) Certified translation of documents shouldmust not be required under this Regulation. The electronic platforms dealing with procedures shouldmust provide for a technical solution to translate their content. In order to ensure uniform implementation of this part of the Regulation implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council. Rules on translation of documents in the context of posting of workers and application for attestations regarding their social security contributions should not be covered by this Regulation.
Amendment 102 #
Proposal for a regulation
Recital 28
Recital 28
(28) Member States are entitled to charge fees only to the extent of the specific costs borne to carry out the procedure. Costs borne already by the budget of the Union should not give rise to fees charged by Member States. Member States should communicate their fees charged to the Commission through IMI and publish such information. Given that IMI is in essence offering all necessary facilities, Member States should, inter alia, not charge fees to update, suspend, revoke or cancel a European services e-card. In order to ensure uniform implementation of the provisions on the payment of fees, implementing powers should be conferred on the Commission to adopt rules on payment modalities and processing. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the CouncilThe European services e-card is a voluntary and entirely free instrument for the service provider. Member States are not entitled to charge fees for carrying out the procedure. Given that IMI is in essence offering all necessary facilities, Member States should, inter alia, not charge fees to update, suspend, revoke or cancel a European services e-card.
Amendment 105 #
Proposal for a regulation
Recital 30
Recital 30
(30) Service providers obliged to acquire professional liability insurance in Member States where they have not been active often have difficulty demonstrating their claims history regarding cover obtained elsewhere. Claims histories are an essential element to insurance distributeors in ascertaining and assessing the risk profile of a potential client. Demonstration is difficult due to poor communication between insurance distributercompanies across internal market borders but also to disparities in describing the track-record of an insured party, even within the same Member State. Insurance distributercompanies and bodies appointed by a Member State to provide compulsory insurance cover should therefore be obliged to issue a statement relating to the third party liability claims which can then be used across borders and even domestically, should a service provider change insurance distributeor.
Amendment 117 #
Proposal for a regulation
Article 2 – paragraph 3 – subparagraph 2
Article 2 – paragraph 3 – subparagraph 2
This Regulation, in particular its Chapter III, shall be without prejudice to the rights of workers, the obligations of service providers and related controls in Member States laid down in Directives 96/71/EC and 2014/67/EU and shall not affect in any way the right of Member States to verify whether a company is established in their territory. Furthermore, in order to strengthen the rights and obligations laid down in those Directives, the Commission, after the transposition of this Directive, shall take action against cases of social dumping and consider the possibility of tabling a legislative proposal to extend the scope of EU competition law.
Amendment 120 #
Proposal for a regulation
Article 2 – paragraph 3 – subparagraph 2 a (new)
Article 2 – paragraph 3 – subparagraph 2 a (new)
Furthermore, this Regulation shall be without prejudice to Directives 2014/23 and 2014/25 and the procedures contained in the European Single Procurement Document (ESPD).
Amendment 126 #
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 2
Article 4 – paragraph 1 – subparagraph 2
Any applications for a European services e-card shall be submitted in an electronic platform connected to IMI using a multilingual standard form, which shall differ according to the service.
Amendment 129 #
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 3 – point a
Article 4 – paragraph 1 – subparagraph 3 – point a
(a) identification of the provider, including the social security number and, where applicable, registration numbers in central, commercial or company registers and for tax and social security purposes;
Amendment 156 #
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1
Article 10 – paragraph 1 – subparagraph 1
Amendment 158 #
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 2
Article 10 – paragraph 1 – subparagraph 2
Amendment 159 #
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 3
Article 10 – paragraph 1 – subparagraph 3
Amendment 160 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
Amendment 162 #
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
Amendment 164 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. An insurance distributorcompany shall issue, within 15 days of receiving a request to this effect from the policyholder, a statement concerning the third party liability claims related to his activities covered by the contract of professional liability insurance, during the preceding years of the contractual relationship up to a maximum of 5 years, or to the absence of such claims, describing the liabilities arising from provision of the services in question which were the object of a claim.
Amendment 168 #
Proposal for a regulation
Article 12 – title
Article 12 – title
Obligations for insurance distributorscompanies.
Amendment 169 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
Insurance distributorcompanies and bodies appointed by a Member State to provide compulsory insurance shall duly take into account in the acceptance policy and in the calculation of premiums, in a non- discriminatory manner, the experience of the provider as reflected in the claims statement issued in accordance with Article 11, as presented by the provider.
Amendment 177 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
By 360 months after entry into force of this Regulation and at the latest every fivthree years thereafter, the Commission shall carry out an evaluation of this Regulation and submit to the European Parliament and the Council a report on its performance, including an analysis of the impact on administrative burden incurred upon by service providers active across borders. This report shall also include an assessment of any practical experience relevant to cooperation between coordinating authorities. This report shall contain an assessment of the appropriateness of introducing a European services e-card for other service activities. It shall contain an evaluation of Directive ….[ESC Directive]…in line with its Article 21.