27 Amendments of Kosma ZŁOTOWSKI related to 2016/0402(COD)
Amendment 52 #
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Ddirective applies to the services listed in the Annexactivities for construction and engineer of buildings, including services in the area of installation and maintenance of equipment except of installation, servicing, maintenance, repair, checking for leaks or decommissioning of equipment that contains fluorinated greenhouse gases of whose functioning relies upon those gases for which certification or attestation is required under Articles 3(4) and 10 of Regulation 517/2014.
Amendment 60 #
Proposal for a directive
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
1. "home Member State" means the Member State toin which a provider addressed the application for a European services e-card;ose territory the provider of the service concerned is established.
Amendment 63 #
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 as well as in the territory of the host Member State after completing the required procedures and receiving a final, positive decision from the competent authorities of the host Member State, to provide the service activities covered by the e-card.
Amendment 65 #
Proposal for a directive
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
After the holder completed the required procedures and received the final, positive decision by the competent authorities of the host Member State, his e-card shall be a proof that its holder is entitled to perform activity in the territory of the host Member State.
Amendment 66 #
Proposal for a directive
Article 4 – paragraph 1 b (new)
Article 4 – paragraph 1 b (new)
After the holder completed the required procedures and received the final, positive decision by the competent authorities of the host Member State, his e-card shall be a proof that its holder is entitled, in that territory, to provide the service activities covered by the e-card.
Amendment 72 #
Proposal for a directive
Article 5 – paragraph 4 – point ii
Article 5 – paragraph 4 – point ii
Amendment 73 #
Proposal for a directive
Article 5 – paragraph 4 – point iii
Article 5 – paragraph 4 – point iii
Amendment 74 #
Proposal for a directive
Article 5 – paragraph 5
Article 5 – paragraph 5
5. Paragraphs 1, 2 and 3 are without prejudice to reporting obligations imposed on the holder of a European services e-card or the performance of checks, inspections or investigations from competent authorities during the provision of the service, in compliance with EU law. During the checks, the authorities competent for inspections or investigations should take into account the e–card as a proof of completion of the requirements set out in an e–card.
Amendment 78 #
A European services e-card for establishment shall be valid, as regards the service activities covered by that e-card, throughout the territory of the host Member State through one or more branches, agencies or offices located in the territory of this Member State except where an authorisation for each additional branch, agency or office is based on the provisions justified in accordance with Article 10(4) of Directive 2006/123/EC.
Amendment 81 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
Member States shall ensure that providers with establishment in the territory of one Member State shall have the right to submit an application for a European services e-card to the coordinating authority of that sae home Member State.
Amendment 82 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
In assessing applications for the European services e-card, Member States shall retainve the right to invoke those overriding reasons of public interests, when this is based on the provisions which justify it, recognised under Directive 2006/123/EC, in particular Article 16 thereof, or other acts of EU law.
Amendment 86 #
Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – introductory part
Article 11 – paragraph 1 – subparagraph 1 – introductory part
The coordinating authority of the home Member State shall within onetwo weeks of having received an application for a European services e-card:
Amendment 94 #
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
Within two weeks from receiving the application the coordinating authority of the host Member State 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). The application form has to include the information about above mentioned requirements. 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. The objection of an application should be always justified.
Amendment 100 #
Proposal for a directive
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
2a. Before issuing the objection by the coordinating authority of the host Member State, the applicant shall have a possibility to fulfil the requirements to which he was not obliged in the home Member State. In that case, the time-limit referred to in paragraph 1, shall automatically be extended by two additional weeks. The electronic platform, where the application for a European services e-card has been submitted, shall issue an alert to the coordinating authority of the home Member State to the effect that failure to fulfil requirements by applicant shall imply that the European services e-card shall not be issued to the applicant.
Amendment 106 #
Proposal for a directive
Article 13 – paragraph 1 – subparagraph 1
Article 13 – paragraph 1 – subparagraph 1
In the context of a procedure for issuing a European services e-card for establishment in the form of a branch, agency or office, the coordinating authority of the host Member State shall, within fourtwo weeks from receiving the application, identify which, if any, prior authorisation scheme or prior notification scheme as referred to in Article 5(2) is applicable, in compliance with EU law, to such establishment. If such a prior authorisation scheme or prior notification scheme has been identified, the host Member State shall also identify the conditions which the applicant is required to comply with, with the exception of those referred to in Article 5(5). The host Member State shall indicate why the application of such a prior authorisation scheme or prior notification scheme is necessary and proportionate for the pursuance of overriding reasons of public interest.
Amendment 108 #
Proposal for a directive
Article 13 – paragraph 1 – subparagraph 2
Article 13 – paragraph 1 – subparagraph 2
The host Member State shall immediately inform the applicant and the coordinating authority of the home Member State of the prior authorisation or prior notification scheme in question, the conditions which the applicant is required to comply with and of the necessity and proportionality thereof.
Amendment 111 #
Proposal for a directive
Article 13 – paragraph 4 – subparagraph 1
Article 13 – paragraph 4 – subparagraph 1
The coordinatingmpetent authority of the host Member State shall assess, within onetwo 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 112 #
Proposal for a directive
Article 13 – paragraph 4 – subparagraph 2
Article 13 – paragraph 4 – subparagraph 2
In case the coordinatingmpetent authority of the host Member State decides to issue the European services e-card, it shall do so without delay.
Amendment 113 #
Proposal for a directive
Article 13 – paragraph 4 – subparagraph 3
Article 13 – paragraph 4 – subparagraph 3
Alternatively, the coordinatingmpetent authority of the host Member State may inform the applicant and the coordinatingmpetent authority of the home Member State of its intention to reject the application, in which case the applicant shall have a two weeks to present its observations.
Amendment 115 #
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 coordinatingmpetent authority of the host Member State shall decide, within one week, whether to issue the European services e- card or reject the application for the European services e-card. Rejection of an application shall always be justified.
Amendment 118 #
Proposal for a directive
Article 13 – paragraph 5 – subparagraph 1
Article 13 – paragraph 5 – subparagraph 1
The coordinatingmpetent 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 limits referred to in paragraphs 1 and 4 are suspended until the requested necessary clarification or necessary additional information is supplied.
Amendment 125 #
Proposal for a directive
Article 15 – paragraph 2 – point iii
Article 15 – paragraph 2 – point iii
(iii) is subject to a final decision, in compliance with Article 4(5) of Directive 2014/67/EC, not subject to appeal under national law, by the host Member State that it considers the holder does not meet one or more conditions applicable for temporary cross- border provision as prescribed by the first subparagraph of Article 11(1), the compliance of which, under the national law of the host Member State, is essential to continued legal provision of the services in question in its territory;
Amendment 126 #
Proposal for a directive
Article 15 – paragraph 2 – point iv
Article 15 – paragraph 2 – point iv
(iv) is subject to a final decision, in compliance with Article 4(5) of Directive 2014/67/EC, not subject to appeal under national law, by the host Member State that it considers the holder does not meet one or more conditions imposed in the context of a prior authorisation or prior notification scheme applicable for establishment as prescribed by the first subparagraph of Article 12(1), the compliance of which, under the national law of the host Member State, is essential to continued legal provision of the services in question in its territory.
Amendment 133 #
Proposal for a directive
Article 23 – paragraph 1
Article 23 – paragraph 1
This Directive shall enter into force on the [twentieth] dayafter [three] years following thate day of its publication in the Official Journal of the European Union.
Amendment 134 #
Proposal for a directive
Annex I – paragraph 1 – part 4 – paragraph 6 – subparagraph 3 a (new)
Annex I – paragraph 1 – part 4 – paragraph 6 – subparagraph 3 a (new)
Group 82.4. registration of a branch, agency, office
Amendment 135 #
Proposal for a directive
Annex I – paragraph 1 – part 4 – paragraph 6 – subparagraph 3 b (new)
Annex I – paragraph 1 – part 4 – paragraph 6 – subparagraph 3 b (new)
82.5 VAT registration
Amendment 136 #
Proposal for a directive
Annex I – paragraph 1 – part 4 – paragraph 6 – subparagraph 3 c (new)
Annex I – paragraph 1 – part 4 – paragraph 6 – subparagraph 3 c (new)
82.6 registration for social security purposes