28 Amendments of Anne SANDER related to 2016/0402(COD)
Amendment 4 #
Proposal for a directive
Recital 2
Recital 2
(2) Directive 2006/123/EC of the European Parliament and of the Council17 establishes general provisions facilitating the exercise of the freedom of establishment for service providers and the free movement of services. It provides inter alia that Member States should provide for administrative simplification, for instance offering electronic procedures via Points of Single Contact, and simplifying existing procedures and the need for certified documents and making best use of a system of tacit approval, while ensuring that the documents submitted are reliable. The Directive also sets a framework furthering the freedom to provide services on a temporary basis in another Member State. __________________ 17 Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (OJ L 376, 27.12.2006, p. 36).
Amendment 6 #
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) It is desirable to clarify the link and relationship between the new paperless administrative procedures made available by the European services e-card and a certain number of existing tools, such as the one-stop shops established by the Services Directive and the Qualifications Directive, the European Professional Card established by the Qualifications Directive, and the Single Digital Gateway being negotiated under the Single Market Strategy;
Amendment 19 #
Proposal for a directive
Recital 2
Recital 2
(2) Directive 2006/123/EC of the European Parliament and of the Council17 establishes general provisions facilitating the exercise of the freedom of establishment for service providers and the free movement of services. It provides inter alia that Member States should provide for administrative simplification, for instance offering electronic procedures via Points of Single Contact, and simplifying existing procedures and the need for certified documents and making best use of a system of tacit approval, while ensuring that the documents submitted are reliable. The Directive also sets a framework furthering the freedom to provide services on a temporary basis in another Member State. __________________ 17 Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (OJ L 376, 27.12.2006, p. 36).
Amendment 21 #
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) It is desirable to clarify the link and relationship between the new paperless administrative procedures made available by the European services e-card and a certain number of existing tools, such as the one-stop shops established by the Services Directive and the Qualifications Directive, the European Professional Card established by the Qualifications Directive, and the Single Digital Gateway being negotiated under the Single Market Strategy;
Amendment 25 #
Proposal for a directive
Recital 37
Recital 37
(37) Prior to the issuance of the European services e-card, a host Member State should be allowed to invoke legitimate policy concerns. Nevertheless, in the interest of allowing for a simplified and swift procedure, the principle of tacit approval should be observed in issuing a European services e-card. That is the general principle introduced under Directive 2006/123/EC. An alert of impending tacit approval and the extension of the applicable deadlines by two additional weeks should ensure that the host Member State has the appropriate time and means to consider applications for a European services e-card. A lack of information from the host Member State on applicable requirements should also not impede automatic issue ofThe possible extension by the host Member State of the time limits it has set for issuing a European services e-card should ensure that it has the appropriate time and means to consider applications for a European services e-card.
Amendment 27 #
Proposal for a directive
Recital 37 a (new)
Recital 37 a (new)
(37a) The European services e-card should not serve to call into question the powers of scrutiny of the competent authorities, which are the only party capable of assessing compliance with national requirements.
Amendment 32 #
Proposal for a directive
Recital 42
Recital 42
(42) A European services e-card should be valid for an indefin limited period in time and be updated regularly by professionals, 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 44 #
Proposal for a directive
Article 5 – paragraph 4 a (new)
Article 5 – paragraph 4 a (new)
4a. Paragraphs 1, 2 and 3 shall apply without prejudice to the prior notification system established by Directive 2014/67/EU for the posting of workers.
Amendment 49 #
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, unless limited period and be updated regularly by professionals. It may also be suspended, revoked or cancelled, in accordance with Articles 15 to 17.
Amendment 49 #
Proposal for a directive
Recital 37
Recital 37
(37) Prior to the issuance of the European services e-card, a host Member State should be allowed to invoke legitimate policy concerns. Nevertheless, in the interest of allowing for a simplified and swift procedure, the principle of tacit approval should be observed in issuing a European services e-card. That is the general principle introduced under Directive 2006/123/EC. An alert of impending tacit approval and the extension of the applicable deadlines by two additional weeks should ensure that the host Member State has the appropriate time and means to consider applications for a European services e-card. A lack of information from the host Member State on applicable requirements should also not impede automatic issue ofThe possible extension by the host Member State of the time limits it has set for issuing a European services e-card should ensure that it has the appropriate time and means to consider applications for a European services e-card.
Amendment 51 #
Proposal for a directive
Recital 37 a (new)
Recital 37 a (new)
(37a) The European services e-card should not serve to call into question the powers of scrutiny of the competent authorities, which are the only party capable of assessing compliance with national requirements.
Amendment 57 #
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 one week of having receiveda reasonable period, such as to permit efficient scrutiny of an application for a European services e- card:
Amendment 60 #
Proposal for a directive
Recital 42
Recital 42
(42) A European services e-card should be valid for an indefin limited period in time and be updated regularly by professionals, 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 67 #
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
Within two weeks from receiving the applicationa period set by the host Member State with a view to avoiding distortions with national undertakings, 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 79 #
Proposal for a directive
Article 13 – paragraph 1 – subparagraph 1
Article 13 – paragraph 1 – subparagraph 1
In the context of a procedure for issuing a European services e-card for establishment in the form of a branch, agency or office, the coordinating authority of the host Member State shall, within four weeks from receiving the applicationa reasonable period to be determined by itself, identify which, if any, prior authorisation scheme or prior notification scheme as referred to in Article 5(2) is applicable, in compliance with EU law, to such establishment. If such a prior authorisation scheme or prior notification scheme has been identified, the host Member State shall also identify the conditions which the applicant is required to comply with, with the exception of those referred to in Article 5(5). The host Member State shall indicate why the application of such a prior authorisation scheme or prior notification scheme is necessary and proportionate for the pursuance of overriding reasons of public interest.
Amendment 82 #
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 84 #
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 one week upon receipt of proof of compliance with the conditions identified in accordance with paragraph 1a reasonable period to be determined by the host Member State, whether to issue the European services e-card or reject the application for the European services e- card.
Amendment 91 #
Proposal for a directive
Article 5 – paragraph 4 a (new)
Article 5 – paragraph 4 a (new)
4a. Paragraphs 1, 2 and 3 shall apply without prejudice to the prior notification system established by implementing Directive 2014/67/EU for the posting of workers.
Amendment 93 #
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, whether to issue the European services e- card or reject the application for the European services e- card.
Amendment 99 #
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, unless limited period and be updated regularly by professionals. It may also be suspended, revoked or cancelled, in accordance with Articles 15 to 17.
Amendment 109 #
Proposal for a directive
Article 17 – paragraph 5 – subparagraph 1
Article 17 – paragraph 5 – subparagraph 1
Coordinating authorities shall exchange information on their own initiative and give assistance to other coordinating authorities in relation to events that have come to their knowledge which may determine a suspension or revocation of the European services e-card in question or the need to otherwise update its content.
Amendment 109 #
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 one week of having receiveda reasonable period, such as to permit efficient scrutiny of an application for a European services e- card:
Amendment 123 #
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
Within two weeks from receiving the applicationa period set by the host Member State with a view to avoiding distortions with national undertakings, 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 147 #
Proposal for a directive
Article 13 – paragraph 1 – subparagraph 1
Article 13 – paragraph 1 – subparagraph 1
In the context of a procedure for issuing a European services e-card for establishment in the form of a branch, agency or office, the coordinating authority of the host Member State shall, within four weeks from receiving the applicationa reasonable period to be determined by itself, identify which, if any, prior authorisation scheme or prior notification scheme as referred to in Article 5(2) is applicable, in compliance with EU law, to such establishment. If such a prior authorisation scheme or prior notification scheme has been identified, the host Member State shall also identify the conditions which the applicant is required to comply with, with the exception of those referred to in Article 5(5). The host Member State shall indicate why the application of such a prior authorisation scheme or prior notification scheme is necessary and proportionate for the pursuance of overriding reasons of public interest.
Amendment 152 #
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 154 #
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 one week upon receipt of proof of compliance with the conditions identified in accordance with paragraph 1a reasonable period to be determined by the host Member State, whether to issue the European services e-card or reject the application for the European services e- card.
Amendment 165 #
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 expirationy of the time- limit to present those observations, the coordinating authority of the host Member State shall decide, within one week, whether to issue the European services e- card or reject the application for the European services e- card.
Amendment 189 #
Proposal for a directive
Article 17 – paragraph 5 – subparagraph 1
Article 17 – paragraph 5 – subparagraph 1
Coordinating authorities shall exchange information on their own initiative and give assistance to other coordinating authorities in relation to events that have come to their knowledge which may determine a suspension or revocation of the European services e-card in question or the need to otherwise update its content.