20 Amendments of Tom VANDENKENDELAERE related to 2016/0404(COD)
Amendment 9 #
Proposal for a directive
Recital 5
Recital 5
(5) The results of the mutual evaluation process revealed a lack of clarity as regards the criteria to be used by national competent authorities when assessing the proportionality of requirements restricting access to or pursuit of regulated professions, as well as uneven scrutiny of such measures at all levels of regulation. To avoid fragmentation of the internal market and eliminate barriers to taking-up and pursuit of certain employed or self- employed activities and therefore boost employment where relevant, it is therefore necessary to establish a common approach at Union level, preventing disproportionate and unduly excessive measures from being adopted.
Amendment 23 #
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8 a) This Directive establishes rules for proportionality test to be carried out before introducing new, or amending existing, legislative, regulatory or administrative provisions restricting access or pursuit of regulated professions.It has to be underlined, that this Directive leaves the prerogative to regulate access to or pursuit of regulated professions within Member States in respect of principles of non- discrimination and proportionality.
Amendment 31 #
Proposal for a directive
Recital 9
Recital 9
(9) The burden of proof of justification and proportionality lies on the Member States. The reasons for regulation invoked by a Member State by way of justification should thus be accompanied by an analysis of the appropriateness and proportionality of the measure adopted by that State and by specific well justified evidence substantiating its arguments.
Amendment 63 #
Proposal for a directive
Recital 18
Recital 18
(18) The economic impact of the measure, including a cost-benefit analysis with particular regard to the degree of competition in the market and, the quality of the service provided, consumer choice, job creation, employment opportunities for young graduates as well as the impact on the right to work and on the free movement of persons and services within the Union should be duly taken into account by the competent authorities. Based on this analysis, Member States should ascertain, in particular, whether the extent of the restriction of access to or pursuit of regulated professions within the Union is proportionate to the importance of the objectives pursued and the expected gains.
Amendment 67 #
Proposal for a directive
Recital 18
Recital 18
(18) The economic impact of the measure, including a cost-benefit analysis with particular regard to the degree of competition in the market and the quality of the service provided, as well as the impact on the right to work and on the free movement of persons and services within Member States and the Union should be duly taken into account by the competent authorities. Based on this analysis, Member States should ascertain, in particular, whether the extent of the restriction of access to or pursuit of regulated professions within the Union is proportionate to the importance of the objectives pursued and the expected gains.
Amendment 77 #
Proposal for a directive
Recital 20 a (new)
Recital 20 a (new)
(20 a) The extent and degree of the criteria being used during the proportionality test should be appropriate and adjusted to the content of the provisions being introduced and its impact.
Amendment 80 #
Proposal for a directive
Recital 21
Recital 21
(21) It is essential for the proper functioning of the internal market to ensure that Member States provide information to citizens, representative associations, social partners and consumers or other relevant stakeholders before introducing new measures restricting access to or pursuit of regulated professions and give them the opportunity to make known their views.
Amendment 84 #
Proposal for a directive
Recital 22
Recital 22
(22) To facilitate the exchange of best practices, each Member State should encouragesure that the relevant competent authorities to share adequate and regularly updated information with other Member States on the regulation of professions. The Commission should take relevant initiatives in order to encourage smooth exchange of information between Member States.
Amendment 119 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that before introducing new legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, or amending existing ones, the relevant competent authorities undertake an assessment of their proportionality in accordance with the rules laid down in this Directive and taking into account the nature, content and effects of the provisions being introduced or amended.
Amendment 133 #
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The reasons for considering that a provision is justified, necessary, non- discriminatory and proportionate shall be substantiated by qualitative and, wherever possible, quantitative evidence.
Amendment 155 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The relevant competent authorities shall consider in particular whether those provisions are objectively justified on the basis of public policy, public security or public health, or by overriding reasons in the public interest, such as preserving the financial equilibrium of the social security system, the protection of consumers, recipients of services and workers, the safeguarding of the proper administration of justice, fairness of trade transactions, combating fraud and prevention of tax evasion and avoidance, road safety, the protection of the environment and the urban environment, the health of animals, intellectual property, the safeguarding and conservation of the national historic and artistic heritage, threats to social policy objectives and cultural policy objectives.
Amendment 164 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Before introducing new legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, or amending existing ones, Member States shall assess whether those provisions are necessary and suitable for securing the attainment of the objective pursued and do not go beyond what is necessary to attain that objective. The intensity of the assessment shall be proportionate to the nature, content and effects of the new or amended legislative, regulatory or administrative provisions in view of their pursued public interest objectives.
Amendment 180 #
Proposal for a directive
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) the nature of the risks related to the public interest objectives pursued, in particular the risks to consumers, patients to professionals or third parties;
Amendment 191 #
Proposal for a directive
Article 6 – paragraph 2 – point c a (new)
Article 6 – paragraph 2 – point c a (new)
(c a) the economic impact of the measure, including the degree of competition in the market, the quality of the service provided, consumer choice, job creation, employment opportunities for young graduates as well as the impact on the free movement of persons and services within the Union;
Amendment 217 #
Proposal for a directive
Article 6 – paragraph 2 – point i
Article 6 – paragraph 2 – point i
(i) the economic impact and impact on employment of the measure, with particular regard to the degree of competition in the market and the quality of the service provided, job creation, employment opportunities for young graduates as well as the impact on the free movement of persons and services within the Union;
Amendment 282 #
Proposal for a directive
Article 6 – paragraph 4 – point j a (new)
Article 6 – paragraph 4 – point j a (new)
(j a) proportionality of administrative requirements.
Amendment 291 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
Member States shall, by appropriate means, inform citizens, service recipients, those in relevant training or education, representative associations and relevant stakeholders other than the members of the profession before introducing new legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, or amending existing ones, and give them the opportunity to make known their views.
Amendment 295 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
Member States shall, by appropriate means, informconsult citizens, service recipients, representative associations and relevant stakeholders other than the members of the profession, including social partners, before introducing new legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, or amending existing ones, and givtake them the opportunity to make known their viewsir views into account.
Amendment 299 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. For the purposes of the efficient application of this Directive, before introducing new legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, or amending existing ones, Member States shall encourage thsure exchange of information with competent authorities of other Member States on matters covered by this Directive, such as the particular way they regulate a profession or the effects of regulation identified in similar sectors of activities, on a regular basis, or, where appropriate, on an ad hoc basis.
Amendment 305 #
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Member States and, relevant stakeholders such as social partners and consumer protection associations as well as other interested parties may submit comments to the Commission or to the Member State which has notified the provisions.