Activities of Ulrike TREBESIUS 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 (14)
Amendment 36 #
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 distributers, 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 47 #
Proposal for a regulation
Recital 32
Recital 32
(32) A statement relating to claims history should be instrumental in allowingmaking it easier for insurance distributers and bodies appointed by a Member State to provide compulsory indemnity insurance to ban discriminatory practices towards cross- border providers of which information is more scarce and difficult to obtain. The same non-discrimination principle should apply to pto provide voluntary insurance cover. The taking-out of insurance cover shall be governed by the market. Professional organisations whoich offer group cover to their members or other service providers should also be able to offer insurance cover to foreign workers.
Amendment 48 #
Proposal for a regulation
Recital 33
Recital 33
(33) A single coordinating authority should be designated by each Member State to carry out the tasks provided for in this Regulation, without prejudice to the competences seTo carry out the tasks provided for in this Regulation, use should be made of the ‘Points of Single Contact’ (PSCs) established in the Services Directive. It wout in applicable national legislation. Suchld not be proportionate to set up new authorities. PSCs should be registered as a competent authority in the Internal Market Information system for the purposes of Regulation (EU) 1024/2012 and communicated to the Commission.
Amendment 51 #
Proposal for a regulation
Recital 36
Recital 36
Amendment 52 #
Proposal for a regulation
Recital 37
Recital 37
(37) This Regulation respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. In particular, this Regulation, through the introduction of the European services e-card and related administrative facilities and procedures, seeks to promote the rights of establishment and the right to provide services in any Member State, preventing any discrimination on grounds of nationality and ensuring impartial, fair and reasonably speed procedure. At the same time, this Regulation must not restrict the leeway available to Member States and lower-tier regional units. In addition, in accordance with Articles 15, 21 and 41 of the Charter of Fundamental Rights of the European Union, there must be an impartial, fair and reasonably speedy procedure while ensuring full respect ofor the protection of personal data, including in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council28, and giving due consideration to the risk of abuse of rights provided for respectively in Articles 8 and 54 of that Charter. __________________ Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the institutions and bodies of the Community and on the free movement of such data (OJ L 8, 12.1.2001, p. 1).
Amendment 53 #
Proposal for a regulation
Article 2 – paragraph 2 – subparagraph -1 (new)
Article 2 – paragraph 2 – subparagraph -1 (new)
This Regulation shall not apply to the area regulated by Directive 2005/36/EC.
Amendment 54 #
Proposal for a regulation
Article 2 – paragraph 2 – subparagraph 2 a (new)
Article 2 – paragraph 2 – subparagraph 2 a (new)
This Regulation shall not apply to the area covered by the Professional Qualifications Recognition Directive (2005/36/EC).
Amendment 68 #
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 2
Article 5 – paragraph 1 – subparagraph 2
The insurance distributor or the body appointed by a Member State to provide compulsory insurance shall provide the certificate to the applicant upon request.
Amendment 74 #
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1 a (new)
Article 6 – paragraph 1 – subparagraph 1 a (new)
Such declaration shall be renewed once a year if the service provider intends to provide temporary or occasional services in the host Member State during that year. The service provider may supply the declaration by any means.
Amendment 79 #
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 2
Article 7 – paragraph 1 – subparagraph 2
Regarding declarations in advance in relation to the professional qualifications of the provider, the attestations referred to in points b) and d) of Article 7(2) of Directive 2005/36/EC shall becontinue to apply. The host Member State may waive that requirement and replaced them by the completed application form for a European services e-card, communicated to the host Member State in accordance with Article 11 of Directive. [ESC Directive]…….., proving establishment of the provider.
Amendment 85 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. In the context of procedures to issue, update, suspend or revoke a European services e-card, competent authorities of Member States shall normally accept documents in a simple copy form and shall not request that documents submitted to them are subject to legalisation, apostille formalities, certification or authentication. In cases of justified doubt, competent authorities may request originals or certified copies.
Amendment 94 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
Insurance distributors and bodies appointed by a Member State to provide compulsory insurance shallmay freely choose their contractors and need not disclose the grounds for their choice. They should 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 95 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
Professional organisations, including competent authorities as defined in points (i) and (ii) of Article 3(18), which offer group cover related to professional liability insurance to their members or to providers of services under specific conditions, shall may ensure access to such cover, under the same conditions in a non-discriminatory manner, to providers of services from other Member States which express an interest in benefiting from such group cover.
Amendment 100 #
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. For the purposes of this Regulation, each Member State shall designate one coordinating authority,, in accordance with its administrative and organisational set-up, shall designate one competent authority and/or other bodies empowered to perform the tasks assigned to them in accordance with this Regulation.