40 Amendments of Jiří MAŠTÁLKA related to 2016/0402(COD)
Amendment 4 #
Proposal for a directive
–
–
The Committee on Legal Affairs calls on the Committee on Internal Market and Consumer Protection, as the committee responsible, to propose rejection of the Commission proposal.
Amendment 9 #
Amendment 11 #
Proposal for a directive
Recital 7
Recital 7
(7) In order to make it easier to take up and pursue service activities, this Directive builds upon Directive 2006/123/EC but does in no way amend its rules. The scope of this Directive is even more limited compared to the scope laid down in the Services Directive. It specifically targets business and construction service sectors, where many obstacles to cross-border activities still remain. In addition, cross- border trade and investment in construction and several business services are low and both sectors have seen weak productivity growth over the last decade.
Amendment 17 #
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 23 #
Proposal for a directive
Recital 18
Recital 18
(18) In addition, Member States should not be allowed to impose on holders of a European services e-card any service provision related authorisation or notification schemes prior to a service provision. Member States should not repeat, wholly or partially, controls previously performed in the context of issuing the European services e-card once provision of services has started in the host Member State. Authorisation or notification schemes such as those deriving from taxation, social security and labour law shall remain applicable as such matters are excluded from the scope of this Directive. Ex-post checks, inspections and investigations initiated by competent authorities should however remain admissible to control service performance, as under current EU Law. If such controls reveal serious breaches of requirements applicable in a host Member State, this cshould lead to the suspension or revocation of the European services e-card.
Amendment 29 #
Proposal for a directive
Recital 25
Recital 25
Amendment 35 #
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 41 #
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 assess. A service provider should have that application substantially 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 45 #
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 24 months and should be subject to checks and inspections every 6 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 46 #
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 and dissuasive measures with respect for the principle of proportionality and the fundamental rights.
Amendment 56 #
Proposal for a directive
Article 2 – paragraph 3 – subparagraph 2 a (new)
Article 2 – paragraph 3 – subparagraph 2 a (new)
This Directive shall be without prejudice to the different market models of the Member States, including labour markets regulated by collective agreements.
Amendment 57 #
Proposal for a directive
Article 2 – paragraph 3 – subparagraph 2 b (new)
Article 2 – paragraph 3 – subparagraph 2 b (new)
The fundamental rights, such as the protection of personal data, the rights of establishment and the right to provide services in any Member State, the right to equality and non-discrimination on grounds of nationality, the right to an impartial, fair and reasonably speedy procedure, as well as the prohibition of abuse of rights, shall be fully respected.
Amendment 58 #
Proposal for a directive
Article 2 – paragraph 3 a (new)
Article 2 – paragraph 3 a (new)
3a. This Directive shall fully respect the principle of administrative and procedural autonomy of the Member States.
Amendment 69 #
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 70 #
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 71 #
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
Amendment 75 #
Proposal for a directive
Article 5 – paragraph 5 a (new)
Article 5 – paragraph 5 a (new)
5a. The control measures related to posted workers laid down in Directive 2016/67/EU and in relevant legislation shall not be affected. Host Member States shall not be prevented from applying its national law and practice - including those laid down in collective agreements - on employment and working conditions.
Amendment 80 #
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 24 months, unless suspended, revoked or cancelled, in accordance with Articles 15 to 17and shall be subject to checks and inspections every 6 months by the host Member State's authorities.
Amendment 85 #
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 91 #
Proposal for a directive
Article 11 – paragraph 4 – subparagraph 1
Article 11 – paragraph 4 – subparagraph 1
Amendment 92 #
Proposal for a directive
Article 11 – paragraph 4 – subparagraph 2
Article 11 – paragraph 4 – subparagraph 2
Amendment 95 #
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
Within two 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 97 #
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 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 98 #
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 3
Article 12 – paragraph 1 – subparagraph 3
Amendment 99 #
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 101 #
Proposal for a directive
Article 12 – paragraph 3 – subparagraph 1
Article 12 – paragraph 3 – subparagraph 1
Amendment 102 #
Proposal for a directive
Article 12 – paragraph 4
Article 12 – paragraph 4
Amendment 103 #
Proposal for a directive
Article 12 – paragraph 6 – subparagraph 1
Article 12 – paragraph 6 – subparagraph 1
Amendment 104 #
Proposal for a directive
Article 12 – paragraph 6 – subparagraph 2
Article 12 – paragraph 6 – subparagraph 2
Amendment 107 #
Proposal for a directive
Article 13 – paragraph 1 – subparagraph 2
Article 13 – paragraph 1 – subparagraph 2
Amendment 109 #
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 110 #
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 116 #
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, in due time whether to issue the European services e- card or reject the application for the European services e- card.
Amendment 117 #
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 119 #
Proposal for a directive
Article 13 – paragraph 5 – subparagraph 2
Article 13 – paragraph 5 – subparagraph 2
Clarifications and additional information shallmay be requested in accordance with the procedure laid down in accordance with paragraph 7.
Amendment 120 #
Proposal for a directive
Article 13 – paragraph 7
Article 13 – paragraph 7
Amendment 121 #
Proposal for a directive
Article 13 – paragraph 9 – subparagraph 1
Article 13 – paragraph 9 – subparagraph 1
Amendment 122 #
Proposal for a directive
Article 13 – paragraph 10 – subparagraph 1
Article 13 – paragraph 10 – subparagraph 1
Amendment 123 #
Proposal for a directive
Article 13 – paragraph 10 – subparagraph 2
Article 13 – paragraph 10 – subparagraph 2
Amendment 129 #
Proposal for a directive
Article 17 – paragraph 7 – subparagraph 1
Article 17 – paragraph 7 – subparagraph 1