9 Amendments of Marcus PRETZELL related to 2016/0398(COD)
Amendment 40 #
Proposal for a directive
Recital 7
Recital 7
(7) The notification obligation established by this Directive should apply to regulatory measures of Member States, such as laws, regulations, administrative provisions of general nature or any other binding rule of general nature, including rules adopted by professional organisations to regulate in a collective manner access to service activities or the exercise thereof. The notification obligation should on the other hand not apply to individual decisions issued by national authorities or professional organisations.
Amendment 46 #
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) Directive 2006/123/EC is a horizontal legal instrument affecting a significant number of laws, regulations and administrative provisions at different levels within a Member State's governance structures. In order to facilitate the competent authorities' compliance with this Directive and to maximise the efficiency of the notification procedure and reduce the administrative burden of that procedure, the Commission should provide guidance regarding the practical aspects of the notification procedure, in particular for municipal and local authorities and professional organisations. In order to ensure that the notification obligations of such authorities are proportionate, draft measures implementing authorisation schemes or requirements which have already been notified to the Commission and adopted by the Member State concerned at national level should not be subject to notification.
Amendment 58 #
Proposal for a directive
Recital 8
Recital 8
(8) The obligation for Member States to notify draft measures laying down authorisation schemes or requirements referred to in Article 4 of this Directive at least three months before their adoption is designed to ensure that measures to be adopted comply with Directive 2006/123/EC. In order for the notification procedure to be effective, a consultation on notified measures should take place sufficiently in advance of their adoption. This is appropriate to foster good cooperation and transparency between the Commission and Member States and to further develop exchanges between the Commission and national authorities on new or amended authorisation schemes and certain requirements covered by Directive 2006/123/EC, in accordance with Article 4(3) of the Treaty on European Union (TEU). With a view to ensuring the effectiveness of the procedure, breach of the obligation to notify or to refrain from adopting a notified measure, including during the period following the receipt of an alert, should be considered to be a substantial procedural defect of a serious nature as regards its effects vis-à-vis individualsshould constitute a substantial procedural defect with respect to its effects on individuals, the consequences of which for Member States, including professional organisations, must be appropriate and in proportion to the nature and scale of the draft measure.
Amendment 77 #
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10a) The European Commission shall provide guidelines on the procedure and methodology to be applied by Member States, including professional organisations, to facilitate analysis of the proportionality of draft measures notified.
Amendment 97 #
Proposal for a directive
Recital 15
Recital 15
(15) Failure to comply with the obligation to notify draft measures at least three 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 3 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 individualsshould constitute a substantial procedural defect of a serious nature with respect to its effects on individuals, the consequences of which for Member States, including professional organisations, must be appropriate and in proportion to the nature and scale of the draft measure.
Amendment 115 #
Proposal for a directive
Recital 17
Recital 17
(17) Interested third parties, including professional organisations, should 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 151 #
Proposal for a directive
Article 3 – paragraph 4
Article 3 – paragraph 4
4. The breach of one of the obligations set out in Article 3(1), (2), (3) and (3a) or in Article 6(2) shall constitute a substantialve procedural defect of a serious nature as regards its effects vis-à-vis individualswith respect to its effects vis-à-vis individuals, the consequences of which for Member States, including professional organisations, must be appropriate and in proportion to the nature and scale of the draft measure.
Amendment 168 #
Proposal for a directive
Article 3 – paragraph 5 a (new)
Article 3 – paragraph 5 a (new)
5a. The European Commission shall formulate guidelines on the procedure and methodology to be applied by Member States, including professional organisations, in carrying out an analysis of the proportionality of the draft measure notified.
Amendment 230 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
The Commission shall publish on a dedicated public website the notifications made by Member States under Articles 3(1) and (2) and the related adopted measures. Member States shall be equipped with the necessary resources to advise interested parties of the alerts issued by the European Commission, when these occur. The alerts issued by the European Commission to Member States, referred to in Article 6(1) and (2), shall also be published on that dedicated website.