Activities of Paloma LÓPEZ BERMEJO related to 2016/0402(COD)
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council on the legal and operational framework of the European services e-card introduced by Regulation ....[ESC regulation]....
Amendments (34)
Amendment 18 #
Proposal for a directive
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The Committee on Employment and Social Affairs calls on the Committee on Internal Market and Consumer Protection, as the committee responsible, to propose rejection of the Commission proposal.
Amendment 26 #
Proposal for a directive
Recital 12
Recital 12
(12) The main purpose of the European services e-card is to introduce a uniform and simplified procedure for service providers wishing to expand provision of services across internal market borders. The e-card represents an electronic certificate stating that a service provider is legally established in a Member State (the home Member State). Host Member States where a service provider is interested in expanding to should furthermore notmay apply, to holders of an e- card, their prior authorisation or notifications schemes put in place under national law to control access to or exercicse of service activities, which is already the object of control before issue of a European services e- card.
Amendment 33 #
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 related to 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 States. The application for a European services e-card should thus be submitted to the coordinating authority of the home Member State.
Amendment 37 #
Proposal for a directive
Recital 25
Recital 25
Amendment 43 #
Proposal for a directive
Recital 33
Recital 33
(33) Host Member States should bare allowed to request clarifications or additional information from the home Member State before the issue of a European services e- card, essentially relevant for the assessment of whether there is a justified and proportionate need to object to temporary provision of services by the applicant in its territory or, for establishment, to assess just how many of its regulatory concerns are already suitably addressed by compliance of the applicant with home Member State's requirements. Over time, it is expected that Member States will gain a better knowledge of their respective regulatory frameworks in the sectors covered by the e-card that should lead to enhanced mutual trust and thus allow for a more expedient assessment to the benefit of applicants.
Amendment 53 #
Proposal for a directive
Recital 39
Recital 39
(39) A service provider should be allowed to apply for a European services e- card in the home Member State and have that application assessed and ultimately approved by the host Member State regarding the applicable conditions to provide services through a branch in the territory of that host Member State before that applicant is required to apply for registration of the future branch in that same host Member State. Thus, the applicant will be certain of the applicable sector-specific conditions and ultimately that it complies with them in a manner satisfactory to the host Member State before spending time and resources on requesting the registration of a branch in that host Member State for company law purposes. At the same time, the applicant will need to comply with national rules on registration of branches under company law to provide services through such a branch in compliance with EU law.
Amendment 61 #
Proposal for a directive
Recital 42
Recital 42
(42) A European services e-card should be valid for an indefinite period in time period of 18 months and must be subject to checks and inspections every 3 months by the host Member State's authorities, 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 68 #
Proposal for a directive
Recital 43
Recital 43
(43) A European services e-card should however be suspended by the issuing coordinating authority if, temporarily, the service provider is banned from providing the services in question. The suspension should last as long as the ban is in place. A European services e-card should be revoked by the issuing coordinating authority if the conditions for issuing it or for it to remain valid, as a testament of legality of service provision in the host Member State, are no longer met. A final decision establishing that an e-card holder misrepresented him or herself as a service provider and that, under national law of either home or host Member State he or she is considered to be a worker, should lead to the revocation of the European services e-cards in question. Similarly, cases of fraudulent, inaccurate or falsified information or documents used in the context of issuing a European services e- card should impact the validity of the e- card. In cases of fraud and falsified information, Member States shall put in place effective, proportionate and dissuasive sanctions.
Amendment 71 #
Proposal for a directive
Article 2 – paragraph 3 – subparagraph 2
Article 2 – paragraph 3 – subparagraph 2
This Directive 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. This Directive shall be without prejudice to the different labour market models of the Member States, including labour markets regulated by collective agreements.
Amendment 79 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. A host Member State shall notmay impose any prior authorisation scheme, prior notification scheme or an establishment requirement on the holder of a previously issued European services e- card for temporary cross-border provision of services as a condition for such provision of services in its territory.
Amendment 83 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. A host Member State shall notmay 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.
Amendment 86 #
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
Amendment 92 #
Proposal for a directive
Article 5 – paragraph 5 a (new)
Article 5 – paragraph 5 a (new)
5a. This article shall not affect the control measures related to posted workers laid down in Directive 2016/67/EU or prevent host Member States from applying its national law and practice - including those laid down in collective agreements - on employment and working conditions.
Amendment 100 #
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 18 moths, unless suspended, revoked or cancelled, in accordance with Articles 15 to 17and must be subject to checks and inspections every 3 months by the host Member State's authorities.
Amendment 107 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
In assessing applications for the European services e-card, host 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.
Amendment 112 #
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 onefour weeks of having received an application for a European services e-card:
Amendment 122 #
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
Amendment 129 #
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
Within twofour 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). 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 132 #
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 forA failure to provide the coordinating authority of the host Member State with the requestinged clarifications or additional information will be laid down by way of the delegated acts referenced in paragraph 4in due time shall lead to an expiration of the application.
Amendment 133 #
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 3
Article 12 – paragraph 1 – subparagraph 3
Amendment 135 #
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Taking into account the rights of Member States as referred to in Article 10, if the coordinating authority of the host Member State does not react within the time-limit referred to in paragraph 1, that time limit shall automatically be extended by two additional weeks and 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 host Member State to the effect that failure to react shall imply that there is no objection to the issue of the European services e-card to the applicant. A European Services E-card can only be issued to a provider with the active consent of the host Member State.
Amendment 137 #
Proposal for a directive
Article 12 – paragraph 3 – subparagraph 1
Article 12 – paragraph 3 – subparagraph 1
Amendment 144 #
Proposal for a directive
Article 12 – paragraph 4
Article 12 – paragraph 4
Amendment 145 #
Proposal for a directive
Article 12 – paragraph 6
Article 12 – paragraph 6
Amendment 146 #
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 four 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 153 #
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Taking into account the rights of Member States as referred to in Article 10, if the coordinating authority of the host Member State does not react within the time-limit referred to in paragraph 1, that time limit shall automatically be extended by two additional weeks and 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 host Member State to the effect that failure to react shall imply that the European services e- card shall be issued to the applicant.
Amendment 155 #
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 onefour 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 161 #
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 one week, whether to issue the European services e- card or to reject the application for the European services e-card.
Amendment 166 #
Proposal for a directive
Article 13 – paragraph 5 – subparagraph 1
Article 13 – paragraph 5 – subparagraph 1
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 limits referred to in paragraphs 1 and 4 are suspended until the requested necessary clarification or necessary additional information is supplied. A failure to provide the coordinating authority of the host Member State with the requested clarification or additional information in due time shall lead to an expiration of the application.
Amendment 167 #
Proposal for a directive
Article 13 – paragraph 5 – subparagraph 2
Article 13 – paragraph 5 – subparagraph 2
Amendment 173 #
Proposal for a directive
Article 13 – paragraph 7
Article 13 – paragraph 7
Amendment 177 #
Proposal for a directive
Article 13 – paragraph 9 – subparagraph 1
Article 13 – paragraph 9 – subparagraph 1
Amendment 178 #
Proposal for a directive
Article 13 – paragraph 10
Article 13 – paragraph 10
Amendment 192 #
Proposal for a directive
Article 17 – paragraph 7
Article 17 – paragraph 7