36 Amendments of Marian HARKIN related to 2011/0435(COD)
Amendment 24 #
Proposal for a directive
Recital 4
Recital 4
(4) Directive 2005/36/EC only applies to professionals who want to pursue the same profession in another Member State. There are cases where the activities concerned are part of a profession with a larger scope of activities in the host Member State. If the differences between the fields of activity are so large that in reality a full programme of education and training is required from the professional to compensate for shortcomings and if the professional so requests, a host Member State should under these particular circumstances grant partial access. However, in case of overriding reasons of general interest, such as in the case of a doctor of medicine or other health professionals, a Member State should be able to refuse partial accessa Member State should be able to refuse partial access. Partial access should not be granted for professions providing health services or otherwise related to public health.
Amendment 44 #
Proposal for a directive
Recital 22
Recital 22
(22) Whilst the Directive already provides for detailed obligations for Member States to exchange information, such obligations should be reinforced. Member States should not only react to request for information but also alert other Member States in a proactive manner. Such alert system should be similar to that of Directive 2006/123/EC. A specific alert mechanism is however necessary for health professionals benefiting from automatic recognitionregulated under Directive 2005/36/EC. This should also apply to veterinary surgeons unless the Member States have already triggered the alert mechanism provided for in Directive 2006/123/EC. All Member States should be alerted if a professional due to a disciplinary action or criminalis temporarily or permanently removed from the right to practice or if any restrictions to practice or convicdition is no longer entitled to move to anothers on the right to practice have been imposed in their home or host Member State. This alert should be activated through the IMI regardless of whether the professional has exercised any of the rights under Directive 2005/36/EC or of whether he has applied for recognition of his professional qualifications through the issuance of a European Professional Card or through any other method provided for by that Directive. The alert procedure should comply with Union law on the protection of personal data and other fundamental rights.
Amendment 47 #
Proposal for a directive
Recital 24
Recital 24
(24) In order to supplement or amend certain non-essential elements of Directive 2005/36/EC, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of updating of Annex I, setting the criteria for the calculation of fees related to the European Professional Card, establishing the details of the documentation necessary for the European Professional Card, the adaptations of the list of activities set out in Annex IV, the adaptations of points 5.1.1 to 5.1.4, 5.2.2, 5.3.2, 5.3.3, 5.4.2, 5.5.2, 5.6.2 and 5.7.1 of Annex V, clarifying the knowledge and skills for medical doctors, nurses responsible for general care, dental practitioners, veterinary surgeons, midwives, pharmacists and architects, adapting the minimum periods of training for specialist medical trainings and specialist dental training, the inclusion in point 5.1.3 of Annex V of new medical specialities, the amendments to the list set out in points 5.2.1, 5.3.1, 5.4.1, 5.5.1 and 5.6.1 of Annex V, inclusion in point 5.3.3 of Annex V of new dental specialities, specifying the conditions of application of common training frameworks, and specifying the conditions of application of common training tests. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expertrepresentation and consultation including experts at both European and national level. The Commission, when preparing and drawing- up delegated acts, should ensure a simultaneous, timely, transparent and appropriate transmission of relevant documents to the European Parliament and to the Council.
Amendment 50 #
Proposal for a directive
Recital 30 a (new)
Recital 30 a (new)
(30 a) This Directive is without prejudice to measures necessary to ensure a high level of health and consumer protection.
Amendment 61 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a – point ii
Article 1 – paragraph 1 – point 3 – point a – point ii
Directive 2005/36/EC
Article 3 – paragraph 1 – point l
Article 3 – paragraph 1 – point l
(l) “lifelong learning”: all general education, vocational education and training, non-formal education and informal learning undertaken throughout life, resulting in an improvement in competencies (knowledge, skills and competenc, attitudes and values).
Amendment 69 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4a – paragraph 7
Article 4a – paragraph 7
7. Any fees which applicants may incur in relation to administrative procedures to issue a European Professional Card shall be reasonable, proportionate and commensurate with the costs incurred by the home and host Member States and shall not act as a disincentive to apply for a European Professional Card not representing any additional cost for the individual professional. The Commission shall be empowered to adopt delegated acts in accordance with Article 58a concerning the setting of criteria for the calculation and distribution of fees.
Amendment 73 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
1. The competent authority of the home Member State shall verify the application, create and validate a European Professional Card within two weeks from the date it receives a complete application. It shall inform the applicant and the Member State in which the applicant envisages to provide services, of the validation of the European Professional Card. The transmission of the validation information to the host Member States concerned shall constitute the declaration provided for in Article 7. The host Member State may not require a further declaration under Article 7 for the following two years, unless overriding concerns are expressed.
Amendment 77 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4d – paragraph 2
Article 4d – paragraph 2
2. In the cases referred to in Article 16, 21 and 49a, a host Member State shall decide on validation of a European Professional Card under paragraph 1 within one month as from the date of receipt of the European Professional Card transmitted by the home Member State. In case of justified doubts, the host Member State may request additional information from the home Member State. That request shall not suspend the period of one month period.
Amendment 90 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4f – paragraph 2
Article 4f – paragraph 2
2. Partial access may be rejected if such rejection is justified by an overrshall not be granted for professions providing rheason of general interest, such as public health, it would secure the attainment of the objective pursued and it would not go beyond what is strictly necessarylth services or otherwise related to public health.
Amendment 93 #
Proposal for a directive
Recital 3
Recital 3
(3) In order to promote the free movement of professionals, while ensuring a more efficient and transparent recognition of qualifications it is necessary to provide for a European Professional Card. In particular that card is necessary to facilitate temporary mobility and recognition under the automatic recognition system, as well as to promote a simplified recognition process under the general system. The card should be issued upon request from a professional and after submission of necessary documents and completion of related review and verification procedures by the competent authorities. The functioning of the card should be supported by the Internal Market Information System (IMI) established by Regulation (EU) No […] on administrative cooperation through the Internal Market Information System23 . This mechanism should help enhance synergies and trust among competent authorities, while at the same time eliminating duplication of administrative work for the authorities and creating more transparency and certainty for professionals. The process for the application and issuing of the card should be clearly structured and incorporate safeguards and the corresponding rights of appeal for the applicant. The card and the related workflow within IMI should ensure the integrity, authenticity and confidentiality of the data stored and avoid unlawful and unauthorised access to information contained therein. The recognition of professional qualifications under the professional card should respect the principle that the responsibility to recognise a professional qualification lies exclusively with the host Member State.
Amendment 132 #
Proposal for a directive
Article 1 – paragraph 1 – point 17
Article 1 – paragraph 1 – point 17
Directive 2005/36/EC
Article 22
Article 22
For the purposes of point (b) of the first paragraph, as from [insert date - the day after the date set out in first subparagraph of paragraph 1 of Article 3] and every five years thereafter, the competent authorities in Member States shall submit publicly available reports to the Commission and to the other Member States on their continuing education and training procedures related to doctors of medicine, medical specialists, nurses responsible for general care, dental practitioners, specialised dental practitioners, veterinary surgeons, midwives and pharmacists. Member States must have a system in place to ensure health professionals regularly update their competencies through Continuing Professional Development.
Amendment 137 #
Proposal for a directive
Article 1 – paragraph 1 – point 22 – point b
Article 1 – paragraph 1 – point 22 – point b
Directive 2005/36/EC
Article 31 – paragraph 2
Article 31 – paragraph 2
The Commission shall be empowered to adopt delegated acts in accordance with Article 58a concerning amendments to the list set out in point 5.2.1 of Annex V with a view to adapting it to the educational, scientific and technical progress, and the development and evolution of the nursing profession".
Amendment 138 #
Proposal for a directive
Article 1 – paragraph 1 – point 22 – point c
Article 1 – paragraph 1 – point 22 – point c
Directive 2005/36/EC
Article 31 – paragraph 3
Article 31 – paragraph 3
The training of nurses responsible for general care shall comprise at least three years of study, which may also be expressed with the equivalent ECTS credits, consisting of at least 4 600 hours of theoretical and clinical training, the duration of the theoretical training representing at least one third and the duration of the clinical training at least one half of the minimum duration of the training. Member States may grant partial exemptions to persons who have received part of their training on courses which are of at least an equivalent level.
Amendment 140 #
Proposal for a directive
Article 1 – paragraph 1 – point 24 – point a
Article 1 – paragraph 1 – point 24 – point a
Directive 2005/36/EC
Article 34 – paragraph 2
Article 34 – paragraph 2
Basic dental training shall comprise a total of at least five years of full-time theoretical and practical study, which may also be expressed with the equivalent of 300 ECTS credits, and shall consist of at least 5000 hours of full-time theoretical and practical study, comprising at least the programme described in Annex V, point 5.3.1 and given in a university, in a higher institute providing training recognised as being of an equivalent level or under the supervision of a university.
Amendment 148 #
Proposal for a directive
Article 1 – paragraph 1 – point 35
Article 1 – paragraph 1 – point 35
Directive 2005/36/EC
Article 49a – paragraph 2 – point d
Article 49a – paragraph 2 – point d
(d) the knowledge, skills and competences for such common training framework shall refer to the levels of the European Qualifications Framework, as defined in Annex II of the Recommendation of the European Parliament and of the Council on the establishment of the European Qualifications Framework for lifelong learning(*);Article 11 of this Directive; Article 11 shall not be applicable to the professions regulated under Annex V point 1.
Amendment 149 #
Proposal for a directive
Article 1 – paragraph 1 – point 35
Article 1 – paragraph 1 – point 35
Directive 2005/36/EC
Article 49a – paragraph 2 – point d
Article 49a – paragraph 2 – point d
(d) the knowledge, skills and competences for such common training framework shall refer to the levels of the European Qualifications Framework, as defined in Annex II of the Recommendation of the European Parliament and of the Council on the establishment of the European Qualifications Framework for lifelong learning(*);Article 11 of this Directive.
Amendment 150 #
Proposal for a directive
Article 1 – paragraph 1 – point 35
Article 1 – paragraph 1 – point 35
Directive 2005/36/EC
Article 49a – paragraph 2 – point e
Article 49a – paragraph 2 – point e
(e) the profession concerned is neither covered by another common training framework nor regulated already under Chapter III of Title III;, or Article 10, point b.
Amendment 157 #
Proposal for a directive
Article 1 – paragraph 1 – point 38
Article 1 – paragraph 1 – point 38
Directive 2005/36/EC
Article 53 – paragraph 2 – subparagraph 1
Article 53 – paragraph 2 – subparagraph 1
A Member State shall ensure that any controlverifications of the knowledge of a language are carried out by a competent authority after the decisions referred to in Articles 4d, 7(4) and 51(3) have been taken and if there is a serious and concrete doubt about the professional's sufficient language knowledge in respect of the professional activities this person intends to pursue.
Amendment 158 #
Proposal for a directive
Recital 22
Recital 22
(22) Whilst the Directive already provides for detailed obligations for Member States to exchange information, such obligations should be reinforced. Member States should not only react to request for information but also alert other Member States in a proactive manner. Such alert system should be similar to that of Directive 2006/123/EC. A specific alert mechanism is however necessary for health professionals benefiting from automatic recognitionregulated under Directive 2005/36/EC. This should also apply to veterinary surgeons unless the Member States have already triggered the alert mechanism provided for in Directive 2006/123/EC. All Member States should be alerted if a professional due to a disciplinary action or criminalis temporarily or permanently removed from the right to practice or if any restrictions to practice or convicdition is no longer entitled to move to anothers on the right to practice have been imposed in their home or host Member State. This alert should be activated through the IMI regardless of whether the professional has exercised any of the rights under Directive 2005/36/EC or of whether he has applied for recognition of his professional qualifications through the issuance of a European Professional Card or through any other method provided for by that Directive. The alert procedure should comply with Union law on the protection of personal data and other fundamental rights.
Amendment 163 #
Proposal for a directive
Article 1 – paragraph 1 – point 38
Article 1 – paragraph 1 – point 38
Directive 2005/36/EC
Article 53 – paragraph 2 – subparagraph 2
Article 53 – paragraph 2 – subparagraph 2
In case of professions with public health and patient safety implications, Member States may confer to the competent authorities the right to carry out language checking covering all professionals concerned if it is expressly requested by the national health care system, or in case of self-employed professionals not affiliated to the nationals health care system, by representative national patient organisationsverify the language knowledge necessary to carry out the specific role. Language verification undertaken by the competent authority shall not prevent an employer from carrying out additional checks, as appropriate.
Amendment 164 #
Proposal for a directive
Article 1 – paragraph 1 – point 38
Article 1 – paragraph 1 – point 38
Directive 2005/36/EC
Article 53 – paragraph 2 – subparagraph 3
Article 53 – paragraph 2 – subparagraph 3
Any language control shall be limited to the knowledge of one of the official languages of the Member State according to the choice of the person concerned, itknowledge verification shall be proportionate to the activity to be pursued and free of charge for the professional. The person concerned shall be allowed to appeal such controls before national courts.
Amendment 170 #
Proposal for a directive
Article 1 – paragraph 1 – point 39
Article 1 – paragraph 1 – point 39
Directive 2005/36/EC
Article 55a
Article 55a
With a view to grant access to a regulated profession, the home Member State shall recognisetake proportionate account of the remunerated traineeship pursued in another Member State and certified by a competent authority of that Member State.
Amendment 172 #
Proposal for a directive
Article 1 – paragraph 1 – point 42
Article 1 – paragraph 1 – point 42
1. The competent authorities of a Member State shall inform the competent authorities of all other Member States and the Commission about the identity of a professional who has been prohibitedtemporarily or permanently removed from the right to practice or if any restrictions to practice or conditions on right to practice have been imposed in their home or host Member State by national authorities or courts from pursuing, even temporarily, on the territory of that Member State the following professional activities:
Amendment 175 #
Proposal for a directive
Article 1 – paragraph 1 – point 42
Article 1 – paragraph 1 – point 42
Directive 2005/36/EC
Article 56a – paragraph 1 – point c a (new)
Article 56a – paragraph 1 – point c a (new)
(c a) nurses recognised under the scope of Article 10;
Amendment 176 #
Proposal for a directive
Article 1 – paragraph 1 – point 42
Article 1 – paragraph 1 – point 42
Directive 2005/36/EC
Article 56a – paragraph 1 – subparagraph 2
Article 56a – paragraph 1 – subparagraph 2
The information referred to in the first subparagraph shall be sent at the latest within three days from the date of adoption ofwhen the decision prohibiting the professional concerned from permanently exercising a professional activity is legally binding.
Amendment 178 #
Proposal for a directive
Article 1 – paragraph 1 – point 44
Article 1 – paragraph 1 – point 44
Directive 2005/36/EC
Article 57a – paragraph 4
Article 57a – paragraph 4
4. All procedures shall be carried out in accordance with the provisions of Directive 2006/123/EC relating to the points of single contact. Any time limits for Member States to be complied with procedures or formalities set out in this Directive shall commence at the point when an complete application has been submitted by a citizen tovia a point of single contact to the competent authority.
Amendment 179 #
Proposal for a directive
Article 1 – paragraph 1 – point 44
Article 1 – paragraph 1 – point 44
Directive 2005/36/EC
Article 57a–paragraph 4 a (new)
Article 57a–paragraph 4 a (new)
4 a. The functioning of points of single contact shall be without prejudice to the allocation of functions and powers among the authorities within national systems.
Amendment 181 #
Proposal for a directive
Article 1 – paragraph 1 – point 46
Article 1 – paragraph 1 – point 46
Directive 2005/36/EC
Article 58 – paragraph 1
Article 58 – paragraph 1
1. The Commission shall be assisted by a Committee on the recognition of professional qualifications, ensuring appropriate representation and consultation at both European and national expert level. That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
Amendment 501 #
Proposal for a directive
Article 1 – paragraph 1 – point 24 – point a
Article 1 – paragraph 1 – point 24 – point a
Directive 2005/36/EC
Article 34 – paragraph 2
Article 34 – paragraph 2
Basic dental training shall comprise a total of at least five years of full-time theoretical and practical study, which may also be expressed with the equivalent of 300 ECTS credits, and shall consist of at least 5000 hours of full-time theoretical and practical study, comprising at least the programme described in Annex V, point 5.3.1 and given in a university, in a higher institute providing training recognised as being of an equivalent level or under the supervision of a university.
Amendment 574 #
Proposal for a directive
Article 1 – paragraph 1 – point 35
Article 1 – paragraph 1 – point 35
Directive 2005/36/EC
Article 49 a – paragraph 2 – point d
Article 49 a – paragraph 2 – point d
(d) the knowledge, skills and competences for such common training framework shall refer to the levels of the European Qualifications Framework, as defined in Annex II of the Recommendation of the European Parliament and of the Council on the establishment of the European Qualifications Framework for lifelong learning(*);Article 11 of this Directive. Article 11 shall not be applicable to the professions regulated under Annex V point 1.
Amendment 602 #
Proposal for a directive
Article 1 – paragraph 1 – point 38
Article 1 – paragraph 1 – point 38
Directive 2005/36/EC
Article 53 – paragraph 2
Article 53 – paragraph 2
A Member State shall ensure that any controlverifications of the knowledge of a language are carried out by a competent authority after the decisions referred to in Articles 4d, 7(4) and 51(3) have been taken and if there is a serious and concrete doubt about the professional's sufficient language knowledge in respect of the professional activities this person intends to pursue.
Amendment 610 #
Proposal for a directive
Article 1 – paragraph 1 – point 38
Article 1 – paragraph 1 – point 38
Directive 2005/36/EC
Article 53 – paragraph 2 – subparagraph 2
Article 53 – paragraph 2 – subparagraph 2
In case of professions with patient safety implications, Member States may confer to the competent authorities the right to carry out language checking covering all professionals concerned if it is expressly requested by the national health care system, or in case of self-employed professionals not affiliated to the nationals health care system, by representative national patient organisator to request evidence attesting knowledge of the language of the host Member States from all professionals concerned following recognition of the professional qualification but before granting access to the professions.
Amendment 620 #
Proposal for a directive
Article 1 – paragraph 1 – point 38
Article 1 – paragraph 1 – point 38
Directive 2005/36/EC
Article 53 – paragraph 2 – subparagraph 3
Article 53 – paragraph 2 – subparagraph 3
Any language control shall be limited to the knowledge of one of the official languages of the Member State according to the choice of the person concerned, itknowledge verification shall be proportionate to the activity to be pursued and free of charge for the professional. The person concerned shall be allowed to appeal such controls before national courts.
Amendment 641 #
Proposal for a directive
Article 1 – paragraph 1 – point 39
Article 1 – paragraph 1 – point 39
Directive 2005/36/EC
Article 55 a
Article 55 a
With a view to grant access to a regulated profession, the home Member State shall recognisetake proportionate account of the remunerated traineeship pursued in another Member State and certified by a competent authority of that Member State.
Amendment 683 #
Proposal for a directive
Article 1 – paragraph 1 – point 44 a (new)
Article 1 – paragraph 1 – point 44 a (new)
Directive 2005/36/EC
Recital 44
Recital 44
(44a) This Directive is without prejudice to measures necessary to ensure a high level of health and consumer protection.
Amendment 690 #
Proposal for a directive
Article 1 – paragraph 1 – point 44
Article 1 – paragraph 1 – point 44
Directive 2005/36/EC
Article 57 a – paragraph 4
Article 57 a – paragraph 4
4. All procedures shall be carried out in accordance with the provisions of Directive 2006/123/EC relating to the points of single contact. Any time limits for Member States to be complied with procedures or formalities set out in this Directive shall commence at the point when an complete application has been submitted by a citizen tovia a point of single contact to the competent authority.