5 Amendments of Jiří POSPÍŠIL related to 2016/0398(COD)
Amendment 49 #
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) Amendments or modifications to draft measures introduced by legislative assemblies or national parliaments during the parliamentary procedure should not be covered by the notification obligation laid down by this Directive. For the purposes of this Directive, fulfilment of the notification obligation should be assessed in relation to the draft measure in the form in which it is adopted at the end of the parliamentary procedure.
Amendment 55 #
Proposal for a directive
Recital 7 b (new)
Recital 7 b (new)
(7b) Directive 2006/123/EC is a horizontal legal instrument affecting a significant number of laws 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. 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 63 #
Proposal for a directive
Recital 9
Recital 9
(9) In the spirit of transparency and cooperation, where substantive amendments are made to a draft measure that is subject to an ongoing notification procedure under this Directive, the Commission, other Member States and stakeholders should be made aware of such amendments by the notifying Member State in due time. Modifications of merely clerical nature should not be communicated. In any event, the notification of substantive amendments should not significantly alter the deadlines set for the consultation. In such cases, the notifying Member State should notify those modifications at least one month prior to their adoption.
Amendment 103 #
Proposal for a directive
Recital 16
Recital 16
(16) To ensure the efficiency, effectiveness and coherence of the notification procedure, the Commission should retain the power to adopt Decisions requiring the Member State in question to refrain from adopting notified measures or, if already adopted, to repeal them, where they violate Directive 2006/123/EC. he Commission should have the power to issue alerts calling on Member States to comply with the requirements specified therein within one month and to indicate whether the necessary measures to correct the draft measure in compliance with the Commission’s alert have been implemented. Alerts should not hinder the adoption of any laws, regulations or administrative provisions of the notifying Member State. To ensure the efficiency, effectiveness and coherence of the notification procedure, the Commission should retain the power to adopt Decisions. If, after the adoption of a draft measure, the Commission considers that it does not comply with Directive 2006/123/EC and if the Commission subsequently decides to bring the matter before the Court of Justice of the European Union pursuant to Article 258 TFEU, that decision should be accompanied by a proposal for the immediate suspension of all legal effects of the disputed text.
Amendment 224 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
Where the Commission has issueds an alert in accordance with Article 6(1), it may, within a period of thre, and the Member State mconths after the date ofcerned nonetheless adopts the clomeasure of the consultation period referred to in Article 5(2), adopt a Decision finding the draft measure to be incompatiblconcerned without the modifications necessary to ensure its compliance with Directive 2006/123/EC, and requiring the Member State concerned to refrain from adopting the draft measure or, if such measure has been adopted in breach of Article 3(3) or Article 6(2), to repeal itthe Commission subsequently decides to bring the matter before the European Court of Justice pursuant to Article 258 TFEU, the Commission may, once it has notified the Member State concerned thereof, present a proposal for the immediate suspension of the legal effects of that measure.