29 Amendments of Ulrike TREBESIUS related to 2016/0402(COD)
Amendment 32 #
Proposal for a directive
Recital 20
Recital 20
(20) In order to concentrate actions and decisions within a Member State and facilitate cooperation between different competent authorities in home and host Member States, a coordinating authority in the home Member State and in the host Member State should ultimately be responsible for handling issues relatthe concept of Points of Single Contact (PSCs) introduced toby the European services e-card, thus coordinating the input from the different competent national authorities and acting as a contact point with its counterparts in other Member StatesServices Directive should be applied. The application for a European services e-card should thus be submitted to the coordinating authority of the home Member Stausing the PSC system.
Amendment 40 #
Proposal for a directive
Recital 29
Recital 29
(29) For provision of temporary cross- border services, given that Article 16 of Directive 2006/123/EC admits requirements for the generality of services covered by this Directive, host Member States should be allowed to object to the issue of a European services e-card by the home Member State in those cases whereand subsidiary administrative units should be allowed, always respecting the proportionality principle, to object to the issue of a European services e-card by the home Member State in those cases where certain (regulated) professions are affected for reasons associated with the public interest (e.g. for health or consumer protection reasons). Furthermore, objections should be permissible whenever the circumstances of the applicant give rise to genuine and sufficiently serious threats to public interests related to public policy, public security, public health or the protection of the environment, in a manner which cannot be suitably and sufficiently addressed by requirements and controls applicable once service provision starts. This should be the case when a prior authorisation scheme or prior notification for temporary provision of the services in question is in place, justified in proportionate terms under one of those four overriding reasons of public interest safeguarded under Article 16 of Directive 2006/123/EC and when the conditions met by the applicant in its home Member State cannot be considered equivalent to the ones required in the host Member State for the granting of that prior authorisation. The possibilities and prerrogatives of host Member States under Article 16 of Directive 2006/123/EC apply in the context of issuing a European services e-card.
Amendment 42 #
Proposal for a directive
Recital 32
Recital 32
(32) Equivalence between requirements of a host Member State and those requirements of the home Member State the applicant has already complied should be an integral part of this assessment. The host Member State shall determine the equivalence between requirements. In order to facilitate the assessment of the equivalence of requirements in home and host Member States, where the authority of the host Member State declares its intention to refuse an e-card for establishment, the applicant should have a renewed possibility to prove that it meets the conditions laid down in the prior authorisation or prior notification on the basis of which the authorities of the host Member States base their intention to refuse the e-card, including through requirements to which the applicant is subject in the home Member State and which they deem to be equivalent. The possibilities for the Member States and/or subsidiary administrative units to regulate services and certain (regulated) professions for reasons of public interest (e.g. for health or consumer protection reasons) and in compliance with the proportionality principle must not be restricted.
Amendment 47 #
Proposal for a directive
Recital 35
Recital 35
(35) The host Member State should no longer control whether the applicant for a European services e-card is legally established in another Member State. Nor should it put into question the veracity and validity of the data and documents included in an application, once validated by the coordinating authority of the home Member State, unless there are reasonable doubts. Conversely, the coordinating authority of the home Member State should not assess whether it issues a European services e-card for temporary cross-border provisions of services based on compliance by the provider of host Member State requirements, rather it should only assess of whether the applicant is legally established in its territory for the provision of the service in question at the time the decision to issue is made.
Amendment 55 #
Proposal for a directive
Recital 40
Recital 40
(40) A European services e-card should allow for provision of services throughout the territory of the host Member State. A service provider, once established in a Member State in the form of a branch, agency or office, should not, in principle, need to apply for another e-card in order to expand provision of services already covered by the existing e-card domestically through additional branches, agencies or offices there, as the case may be. However, as long as there are no divergent regulations issued by subsidiary administrative units. If there are such regulations, the service provider must fulfil and show that it has fulfilled additional requirements when expanding its activities in these areas. Furthermore, as Directive 2006/123/EC expressly provides for, authorisations for each individual branch, agency or office may be justified by overriding reasons of public interest. In that case, service providers should continue to have the choice of expanding operations domestically by obtaining those authorisations under national law or applying for additional European services e-cards, for each additional branch, agency of office, as the case may be.
Amendment 57 #
Proposal for a directive
Recital 41
Recital 41
(41) This Directive should not interfere with the division of regional or local competences within the Member States, including regional and local self- government. This notwithstanding, administrative cooperation between different national authorities within strict time-limits may be necessary in order to meet the obligations laid down in the Directive. In order to help Member States meet their obligations and considering the decentralised structure of many of them, IMI could also be used as a tool for the effective exchange of information and mutual assistance between competent authorities within a certain Member State, without prejudice to other solutions put in place by Member States.
Amendment 63 #
Proposal for a directive
Recital 42
Recital 42
(42) A European services e-card should be valid for an indefinite period in timefive years, without prejudice to, in relation to temporary cross-border services, the effects of case-by-case derogations in accordance with Directive 2006/123/EC.
Amendment 70 #
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 2 a (new)
Article 2 – paragraph 2 – subparagraph 2 a (new)
This directive shall not apply to the area covered by the Professional Qualifications Directive (2005/36/EC).
Amendment 74 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
Member States shall accept a valid European services e-card as proof that its holder is established in the territory of his home Member State and is entitled, in that territory, to provide the service activities covered by the e-card. In cases where there are divergent requirements on the part of subsidiary administrative units, the proof shall relate only to areas in which the service provider fulfils the requirements. These regulation / registration requirements are set down in the Professional Qualifications Directive.
Amendment 81 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. A host Member State shall not impose any prior authorisation scheme or prior notification scheme on the holder of a previously issued European services e-card for establishment as a condition for establishment in its territory through a branch, agency or office located in its territory. Regulation / registration requirements permitted under the Professional Qualifications Directive shall be exempt from this.
Amendment 88 #
Proposal for a directive
Article 5 – paragraph 4 – point i v
Article 5 – paragraph 4 – point i v
(iv) requirements regarding recognition of professional qualifications as provided for by Articles 4 and 4f of Directive 2005/36/EC;
Amendment 93 #
Proposal for a directive
Article 5 – paragraph 5 a (new)
Article 5 – paragraph 5 a (new)
5a. Before issuing the e-card, the competent authority shall undertake the inspections and checks statutorily stipulated at national or, secondarily, regional level.
Amendment 94 #
Proposal for a directive
Article 5 – paragraph 5 b (new)
Article 5 – paragraph 5 b (new)
5b. The host Member State can determine the length of validity of the e- card.
Amendment 95 #
Proposal for a directive
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
A European services e-card for temporary cross-border provision of services concerned by that e-card shall be valid throughout the territory of the host Member State, as long as there are no divergent regulations issued by subsidiary administrative units. If there are such regulations, the service provider must fulfil and show that it has fulfilled additional requirements when expanding its activities in these areas.
Amendment 98 #
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1
Article 7 – paragraph 2 – subparagraph 1
A European services e-card shall be valid for an indefinite duration period of five years, unless suspended, revoked or cancelled, in accordance with Articles 15 to 17. A new inspection by the competent authorities shall be conducted upon expiry of the validity period and before the e-card is extended.
Amendment 105 #
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Providers of service activities for which a European professional card for the temporary and occasional provision of services has been or can be introduced, in accordance with Directive 2005/36/EC, shall not be eligible for a European services e-card for the provision of temporary cross-border services.
Amendment 106 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
In assessing applications for the European services e-card, Member States shall retain the right to invoke those overriding reasons of public interests recognised under Directive 2006/123/EC, in particular Article 16 thereof, or other acts of EU law, or under national or secondary regional requirements.
Amendment 108 #
Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – introductory part
Article 11 – paragraph 1 – subparagraph 1 – introductory part
The coordinating authority or Point of Single Contact (PSC) of the home Member State shall within oneeight weeks of having received an application for a European services e-card:
Amendment 127 #
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
Within twoeight weeks from receiving the application the coordinating authority of the host Member State or the Point of Single Contact (PSC) shall examine it and inform the applicant and the home Member State of any requirements applicable to temporary cross-border provisions under the legislation of the host Member State with the exception of those referred to in Article 5(4). In line with the rights of Member States as referred to in Article 10, the coordinating authority of the host Member State may within the same time- limit, decide to object to the issue of the European services e-card by the coordinating authority of the home Member State where it demonstrates that the application of a prior authorisation scheme, prior notification scheme or requirements to the applicant is justified for one of those overriding reasons of public interest set out in Article 16 of Directive 2006/123/EC or is admissible in accordance with other acts of EU law.
Amendment 130 #
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 2
Article 12 – paragraph 1 – subparagraph 2
The host Member State shall take due account in that assessment of the requirements that the applicant already meets in its home Member States. For the purpose of that assessment and within the above-mentioned time-limit, the coordinating authority of the host Member State shall be allowed to request necessary clarifications or necessary additional information from the home Member State or the applicant which is not yet contained in the application. In that case, the time limit referred to in this paragraph is suspended until the requested necessary clarification or necessary additional information is supplied. The procedure for requesting clarifications or additional information will be laid down by way of the delegated acts referenced in paragraph 4.
Amendment 143 #
Proposal for a directive
Article 12 – paragraph 4
Article 12 – paragraph 4
Amendment 156 #
Proposal for a directive
Article 13 – paragraph 4 – subparagraph 1
Article 13 – paragraph 4 – subparagraph 1
The coordinating authority of the host Member State shall assess, within oneeight weeks upon receipt of proof of compliance with the conditions identified in accordance with paragraph 1, whether to issue the European services e-card or reject the application for the European services e- card.
Amendment 162 #
Proposal for a directive
Article 13 – paragraph 4 – subparagraph 4
Article 13 – paragraph 4 – subparagraph 4
Upon receipt of the observations of the applicant or, where no observations have been made, upon expiration of the time- limit to present those observations, the coordinating authority of the host Member State shall decide, within oneeight weeks, whether to issue the European services e- card or reject the application for the European services e-card.
Amendment 172 #
Proposal for a directive
Article 13 – paragraph 7
Article 13 – paragraph 7
Amendment 195 #
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
Amendment 196 #
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
Amendment 198 #
Proposal for a directive
Article 18 – paragraph 3
Article 18 – paragraph 3
Amendment 199 #
Proposal for a directive
Article 18 – paragraph 4
Article 18 – paragraph 4
Amendment 200 #
Proposal for a directive
Article 18 – paragraph 5
Article 18 – paragraph 5