17 Amendments of Jasenko SELIMOVIC related to 2016/0398(COD)
Amendment 36 #
Proposal for a directive
Recital 6
Recital 6
(6) The effective enforcement of the rules governing the internal market for services set out in Directive 2006/123/EC should be enhanced by improving the existing notification procedure established by that Directive in respect of national authorisation schemes and certain requirements concerning both access to self-employed activities and their exercise. The prevention of the adoption of national provisions establishing requirements and authorisation schemes that would be contrary to Directive 2006/123/EC should be facilitated in order to minimise the number of new infringement cases and to prevent the fragmentation of the internal market. This Directive is without prejudice to the Commission's powers under the Treaties and the Member States' obligation to comply with the provisions of Union law.
Amendment 48 #
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) In the case of regulatory measures that implement authorisation schemes or requirements which have already been notified to the Commission and adopted by the Member State concerned at national level, the implementing measures should only be notified if they impose new restrictions or obligations on service providers, thus extending the scope or content of the original authorisation scheme or requirement.
Amendment 61 #
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 individuals, and should bring with it immediate and clear consequences as regards the validity of the measure concerned.
Amendment 65 #
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, and be given the opportunity to provide feedback on these amendments. Modifications of merely clerical nature should not be communicated.
Amendment 73 #
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10a) In exceptional circumstances, where there is a demonstrable threat to public health, public safety or the environment, Member States should be able to adopt temporary urgency measures without going through the normal notification procedure. All such measures should be communicated to the Commission upon adoption. In order to avoid misuse of the urgency procedure, the Commission should have the power to review such measures, and request their withdrawal, should they be found to be unjustified.
Amendment 79 #
Proposal for a directive
Recital 12
Recital 12
(12) The notification obligation set out in Directive 2006/123/EC requires Member States to inform the Commission and other Member States of requirements covered by Article 15(2), the third subparagraph of Article 16(1) and the first sentence of Article 16(3) of Directive 2006/123/EC. The application of that Directive has shown that authorisation schemes or requirements related to authorisation schemes, professional liability insurance, professional rules on commercial communication, guarantees or similar arrangements, and multi-disciplinary restrictions are common and can constitute important barriers in the single market for services. They should hence also be covered by a notification obligation to facilitate the compliance of relevant Member States' draft laws, regulations and administrative provisions with Directive 2006/123/EC. The requirements mentioned in Article 16(2) of Directive 2006/123/EC are covered by the notification obligation to the extent that they fall under Article 16(3).
Amendment 99 #
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 individuals. To discourage Member States from by-passing the notification procedure, measures that are adopted incorrectly should be treated the same way as measures that do not comply with Directive 2006/123/EC.
Amendment 105 #
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 or, in the case of urgency measures, where they do not meet the necessary conditions to be considered justified.
Amendment 126 #
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall notify to the Commission any draft measure that introduces new requirements or authorisation schemes referred to in Article 4, or modifies such existing requirements or authorisation schemes, except when the introduction or modification of the measure meets one of the conditions set out in paragraph 1a.
Amendment 130 #
Proposal for a directive
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
Amendment 148 #
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) and (3) or in Article 6(2) shall constitute a substantial procedural dWhere the Commission becomes aware of the fact that a Member State, in adopting a measure, has breached one of the obligations set out in Article 3(1), (2) and (3) or in Article 6(2), this measure shall not be considered legally binding and the Commission shall ask the Member State concerned to suspend the legal, regulatory, and administrative effects of a serious nature as regards its effects vis-à-vis individualsthe measure. Within 3 months of the Commission becoming aware of the breach, it shall adopt a Decision requiring the Member State to repeal the measure concerned. Once the measure has been repealed, the Member State may reintroduce it following the procedure set out in this Article.
Amendment 161 #
Proposal for a directive
Article 3 – paragraph 5 – subparagraph 2
Article 3 – paragraph 5 – subparagraph 2
That information shall identify the overriding reason relating to the public interest pursued and give the reasons why the notified authorisation scheme or requirement is non-either directly nor indirectly discriminatory on grounds of nationality or residence and why it is proportionate.
Amendment 167 #
Proposal for a directive
Article 3 – paragraph 5 – subparagraph 3
Article 3 – paragraph 5 – subparagraph 3
That information shall include an assessment demonstrating that the draft measure does not go beyond what is necessary to obtain the objective pursued and that less restrictive means are not available, as well as specific evidence substantiating the arguments put forward by the notifying Member State.
Amendment 173 #
Proposal for a directive
Article 3 a (new)
Article 3 a (new)
Article 3 a Urgency procedure 1. A Member State may derogate from the obligations set out in Article 3(1), (2), (3) in cases where, for urgent reasons occasioned by serious and unforeseeable circumstances relating to the protection of the health and safety of persons or the environment, the Member State is obliged to prepare draft measures in a very short space of time in order to adopt them immediately without any consultation being possible. Such measures shall apply for a maximum period of three months. 2. Urgency measures referred to in paragraph 1 shall be communicated to the Commission immediately upon their adoption. 3. In the communication, the Member State shall provide the reasons which warrant the urgency of the adopted measure. 4. Upon receipt of the communication referred to in paragraph 2, the Commission may assess the compatibility of the communicated measure with the conditions set out in paragraph 1 and, where the Commission considers that a measure does not comply with those conditions, it may adopt a Decision finding the draft measure to be incompatible with Directive 2006/123/EC and requiring the Member State concerned to repeal the urgency measure.
Amendment 179 #
Proposal for a directive
Article 4 – paragraph 1 – point e a (new)
Article 4 – paragraph 1 – point e a (new)
(e a) professional rules on commercial communications as referred to in Article 24(2) of Directive 2006/123/EC
Amendment 229 #
Proposal for a directive
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
Stakeholders shall be able to use the website to provide feedback on the published notifications, as well as to alert the Commission of draft or adopted measures which have not been notified.
Amendment 231 #
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, as well as the alerts issued and decisions taken by the Commission under Articles 6 and 7.