BETA

33 Amendments of Thomas MANN related to 2016/0404(COD)

Proposal for a directive
Article 1 – paragraph 1

This Directive lays down rules on a common framework for conducting proportionality assessments before introducing exclusively new legislative, or regulatory ~~or administrative~~ provisions restricting access to or pursuit of regulated professions, ~~or amending existing ones,~~ with a view to ensuring the proper functioning of the internal market.

2017/09/11
Committee: EMPL

Proposal for a directive
Article 2 – paragraph 1

1. This Directive shall apply to requirements under the legal systems of the Member States ,restricting access to a ~~regulated~~ profession or its pursuit, ~~or one of its modes of pursuit, including the use of professional titles and the professional activities allowed under such title, falling~~ which fallwithin the scope of Directive 2005/36/EC.

2017/09/11
Committee: EMPL

Proposal for a directive
Article 3 – paragraph 2

In addition, the following definitions shall apply: (a) "protected professional title" means a form of regulating a profession where the use of the title in a professional activity or group of professional activities is subject to a particular professional qualification in the relevant field by virtue of legislative, regulatory or administrative provisions, either directly, or indirectly, and where the improper use of this title is subject to sanctions or other measures. (b) "reserved activities" means a form of regulating a profession where the access to a professional activity or group of professional activities is reserved, directly or indirectly, by virtue of legislative, regulatory or administrative provisions to members of a regulated profession, including where the activity is shared with other regulated professions.deleted

2017/09/11
Committee: EMPL

Proposal for a directive
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.

2017/09/11
Committee: EMPL

Proposal for a directive
Article 4 – paragraph 2

~~2. Any provision referred to in paragraph 1 shall be accompanied by a detailed statement making it possible to appraise compliance with the principle of proportionality.~~deleted

2017/09/11
Committee: EMPL

Proposal for a directive
Article 4 – paragraph 3

~~3. The reasons for considering that a provision is justified, necessary and proportionate shall be substantiated by qualitative and, wherever possible, quantitative evidence.~~deleted

2017/09/11
Committee: EMPL

Proposal for a directive
Article 4 – paragraph 4

4. Member States shall monitor the proportionality of legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions on a regular basis and with a frequency appropriate to the regulation concerned, having due regard to any developments that have occurred since the measure concerned was adopdeleted.

2017/09/11
Committee: EMPL

Proposal for a directive
Article 5 – paragraph 3

3. Grounds of a purely economic nature having essentially protectionist aim or effects or purely administrative reasons shall not constitute overriding reasons in the public interest, justifying a restriction on access to or pursuit of regulated professions.deleted

2017/09/11
Committee: EMPL

Proposal for a directive
Article 6 – paragraph 2 – introductory part

2. ~~When assessing the necessity and the proportionality of the provisions, the relevant competent authorities shall consider in particular:~~deleted

2017/09/11
Committee: EMPL

Proposal for a directive
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, to professionals or third parties;~~deleted

2017/09/11
Committee: EMPL

Proposal for a directive
Article 6 – paragraph 2 – point b

(b) the suitability of the provision namely as regards its appropriateness to attain the objective pursued and whether it genuinely reflects that objective in a consistent and systematic manner and thus, addresses the risks identified in a similar way as in comparable activities;deleted

2017/09/11
Committee: EMPL

Proposal for a directive
Article 6 – paragraph 2 – point c

(c) the necessity of the provision and in particular whether existing rules of a specific or more general nature, such as product safety legislation or consumer protection law, are insufficient to protect the objective pursued;deleted

2017/09/11
Committee: EMPL

Proposal for a directive
Article 6 – paragraph 2 – point d

~~(d) the link between the scope of activities covered by a profession or reserved to it and the professional qualification required;~~deleted

2017/09/11
Committee: EMPL

Proposal for a directive
Article 6 – paragraph 2 – point e

(e) the link between the complexity of the tasks and the necessary possession of specific professional qualifications, in particular as regards the level, the nature and the duration of the training or experience required, as well as the existence of different routes to obtain the professional qualification;deleted

2017/09/11
Committee: EMPL

Proposal for a directive
Article 6 – paragraph 2 – point f

(f) the scope of the professional activities reserved to holders of a particular professional qualification, namely whether and why the activities reserved to certain professions can or cannot be shared with other professions;deleted

2017/09/11
Committee: EMPL

Proposal for a directive
Article 6 – paragraph 2 – point g

(g) the degree of autonomy in exercising a regulated profession and the impact of organisational and supervision arrangements on the attainment of the objective pursued, in particular where the activities relating to a regulated profession are pursued under the control and responsibility of a duly qualified professional;deleted

2017/09/11
Committee: EMPL

Proposal for a directive
Article 6 – paragraph 2 – point h

~~(h) the scientific and technological developments which may reduce the asymmetry of information between professionals and consumers;~~deleted

2017/09/11
Committee: EMPL

Proposal for a directive
Article 6 – paragraph 2 – point i

(i) the economic impact of the measure, 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 free movement of persons and services within the Union;deleted

2017/09/11
Committee: EMPL

Proposal for a directive
Article 6 – paragraph 2 – point j

~~(j) the possibility to use less restrictive means to achieve the public interest objective;~~deleted

2017/09/11
Committee: EMPL

Proposal for a directive
Article 6 – paragraph 2 – point k

(k) the cumulative effect of restrictions to both access to and pursuit of the profession, and in particular how each of those requirements contributes to and whether it is necessary to achieve the same public interest objective.deleted

2017/09/11
Committee: EMPL

Proposal for a directive
Article 6 – paragraph 3

3. For the purposes of paragraph 2(j), where the measures are justified by consumer protection and where the risks identified are limited to the relationship between the professional and the consumer without negatively affecting third parties, the relevant competent authorities shall assess in particular whether the objective can be attained by protected professional title without reserving activities.deleted

2017/09/11
Committee: EMPL

Proposal for a directive
Article 6 – paragraph 4 – introductory part

4. ~~For the purposes of paragraph 2(k), the relevant competent authorities shall assess in particular the cumulative effect of imposing any of the following requirements:~~deleted

2017/09/11
Committee: EMPL

Proposal for a directive
Article 6 – paragraph 4 – point a

~~(a) reserved activities, existing alongside protected professional title;~~deleted

2017/09/11
Committee: EMPL

Proposal for a directive
Article 6 – paragraph 4 – point b

~~(b) continuous professional development requirements;~~deleted

2017/09/11
Committee: EMPL

Proposal for a directive
Article 6 – paragraph 4 – point c

~~(c) rules relating to the organisation of the profession, professional ethics and supervision;~~deleted

2017/09/11
Committee: EMPL

Proposal for a directive
Article 6 – paragraph 4 – point d

~~(d) compulsory chamber membership, registration or authorisation schemes, in particular where those requirements imply the possession of a particular professional qualification;~~deleted

2017/09/11
Committee: EMPL

Proposal for a directive
Article 6 – paragraph 4 – point e

(e) quantitative restrictions, in particular requirements limiting the number of authorisations to practise, or fixing a minimum or a maximum number of employees, managers or representatives holding particular professional qualifications;deleted

2017/09/11
Committee: EMPL

Proposal for a directive
Article 6 – paragraph 4 – point f

(f) specific legal form requirements or requirements which relate to the shareholding or management of a company, to the extent those requirements are directly linked to the exercise of the regulated profession;deleted

2017/09/11
Committee: EMPL

Proposal for a directive
Article 6 – paragraph 4 – point g

~~(g) territorial restrictions, in particular where the profession is regulated in parts of a Member State’s territory in a different manner;~~deleted

2017/09/11
Committee: EMPL

Proposal for a directive
Article 6 – paragraph 4 – point h

~~(h) requirements restricting the exercise of a regulated profession jointly or in partnership, as well as incompatibility rules;~~deleted

2017/09/11
Committee: EMPL

Proposal for a directive
Article 6 – paragraph 4 – point i

~~(i) requirements concerning insurance cover or other means of personal or collective with regard to professional liability;~~deleted

2017/09/11
Committee: EMPL

Proposal for a directive
Article 6 – paragraph 4 – point j

~~(j) language knowledge requirements, to the extent necessary to practise the profession.~~deleted

2017/09/11
Committee: EMPL

Proposal for a directive
Article 10 – paragraph 2

~~2. Where appropriate, the report referred to in paragraph 1 shall be accompanied by relevant proposals.~~deleted

2017/09/11
Committee: EMPL