BETA

32 Amendments of Marian HARKIN related to 2016/0403(COD)

Proposal for a regulation
Recital 3

(3) Directive 2006/123/EC requires Member States to put in place and keep constantly updated Points of Single Contacts where a service provider wishing to establish or to provide services can find all relevant information about requirements to be complied with and e-procedures in respect of all formalities, authorisations and notifications to go through. The Points of Single Contacts need to be upgraded in line with the proposal for a Regulation of the European Parliament and of the Council on establishing a single digital gateway to provide information, procedures, assistance and problem solving services and amending Regulation (EU) No 1024/20121a.However, costly information challenges and difficulties complying with national procedures at a distance remain to date for service providers, namely for sector-related requirements. Cooperation between the administrations of different Member States should in principle take place via the Internal Market Information System (IMI), an IT-platform offered for cross-border exchange of information and mutual assistance between authorities in different Member States under that Directive. Despite the fact that authorities sometimes have doubts with regard to the legal establishment of a provider in another Member State, the possibilities for cooperation currently provided in IMI are not exploited to their full potential. In order to create the correct conditions for the introduction of the introduction of the European services e-card, the Internal Market Information System (IMI) needs to be thoroughly recast to make it more user friendly and accessible. This should go hand in hand with training the coordinating authorities in the use of this new computer and tool, and with the roll- out of digital technology, throughout Europe

2018/02/19
Committee: EMPL

Proposal for a regulation
Recital 4

(4) Requirements remain in place which can make expansion of service providers' operations across the internal market burdensome and unappealing, such as multiple and disparate authorisation schemes before different authorities and, which, regarding establishment, fail to achieve mutual recognition of conditions previously complied with in other Member States or, regarding temporary cross-border provision of services sometimes apply disproportionate or unjustified restrictions. As a consequence, in some cases service providers may face multiple and disproportionate compliance costs when going cross-border.

2018/02/19
Committee: EMPL

Proposal for a regulation
Recital 6

(6) Cross-border trade and cross-border investment in certain business ~~and construction services~~ are particularly low showing a potential for better integration of services markets with significant negative repercussions for the remaining part of the economy. This underperformance leads to situations where the potential for more growth and jobs in the Single Market has not been fully exploited.

2018/02/19
Committee: EMPL

Proposal for a regulation
Recital 3

(3) Directive 2006/123/EC requires Member States to put in place and keep constantly updated Points of Single Contacts where a service provider wishing to establish or to provide services can find all relevant information about requirements to be complied with and e-procedures in respect of all formalities, authorisations and notifications to go through. The Points of Single Contacts need to be upgraded in line with the proposal for a Regulation of the European Parliament and of the Council on establishing a single digital gateway to provide information, procedures, assistance and problem solving services and amending Regulation (EU) No 1024/20121a.However, costly information challenges and difficulties complying with national procedures at a distance remain to date for service providers, namely for sector-related requirements. Cooperation between the administrations of different Member States should in principle take place via the Internal Market Information System (IMI), an IT-platform offered for cross-border exchange of information and mutual assistance between authorities in different Member States under that Directive. Despite the fact that authorities sometimes have doubts with regard to the legal establishment of a provider in another Member State, the possibilities for cooperation currently provided in IMI are not exploited to their full potential.

2017/10/30
Committee: ECON

Proposal for a regulation
Recital 8

(8) This Regulation aims to facilitate the freedom of establishment and the free movement of services within the single market in certain areas already covered by Directive 2006/123/EC through the adoption of further measures on approximation of provisions which have as their object the establishment and functioning of the internal market. It should be based on Article 114 of the TFUEU. During the e-card procedure for secondary establishment, a separate mechanism for suspending/withdrawing the e-card and the possibility of case-by- case derogations must be ensured.

2018/02/19
Committee: EMPL

Proposal for a regulation
Recital 10

(10) In so doing, this Regulation specifically targets business ~~and construction service~~ sectors included in scope of Directive …[ESC Directive]… which face some of the most stringent regulatory and administrative barriers to cross-border expansion and consequently have an unexploited potential for internal market integration..

2018/02/19
Committee: EMPL

Proposal for a regulation
Recital 4

(4) Requirements remain in place which can make expansion of service providers’ operations across the internal market burdensome and unappealing, such as multiple and disparate authorisation schemes before different authorities and, which, regarding establishment, fail to achieve mutual recognition of conditions previously complied with in other Member States or, regarding temporary cross-border provision of services sometimes apply disproportionate or unjustified restrictions. As a consequence, service providers can face multiple and disproportionate compliance costs when going cross-border.

2017/10/30
Committee: ECON

Proposal for a regulation
Recital 14

(14) The European services e-card should be fully electronic, rely ~~almost~~ exclusively on ~~data~~valid and authentic data verified by the home and host Member States and provided by reliable sources, limit the use of documents to the minimum necessary and allow for multilingual processing to avoid translation costs. In order to make the procedure fully electronic and allow for administrative cooperation between home and host Member States. The Internal Market Information system set up by Regulation (EU) No 1024/2012 of the European Parliament and of the Council22 should be used under this Regulation. A specific electronic platform should be developed for the purpose of issuing, updating, suspending, revoking or cancelling European services e-cards, as well as to make valid European services e- cards electronically available to their holders and to competent authorities. __________________ 22 Regulation (EU) No 1024/2012 of the European Parliament and of the Council of 25 October 2012 on administrative cooperation through the Internal Market Information System and repealing Commission Decision 2008/49/EC ( ‘the IMI Regulation’ ) (OJ L 316, 14.11.2012, p. 1)

2018/02/19
Committee: EMPL

Proposal for a regulation
Recital 18

(18) Description of the terms of coverage of a mandatory or voluntary insurance included in written contracts might be difficult to find. Insurance distributers, ~~as well as bodies appointed by a Member State to provide compulsory insurance,~~ should therefore provide a description of the core elements of coverage to their client in the format of an insurance certificate. This certificate should be annexed to the application form. In order to ensure uniform implementation of this part of the Regulation, implementing powers should be conferred on the Commission to adopt a harmonised format for the certificates. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council.

2018/02/19
Committee: EMPL

Proposal for a regulation
Recital 6

(6) Cross-border trade and cross-border investment in certain business ~~and construction services~~ are particularly low showing a potential for better integration of services markets with significant negative repercussions for the remaining part of the economy. This underperformance leads to situations where the potential for more growth and jobs in the Single Market has not been fully exploited.

2017/10/30
Committee: ECON

Proposal for a regulation
Recital 21

(21) As regards the ~~prior~~ declaration that may be required under Article 9 of Directive 2014/67/EU of the European Parliament and of the Council25 , the electronic platform connected to IMI should direct holders of a European services e-card to electronic national procedures put in place in the host Member State where the workers will be posted, wherever such national procedures allow for the electronic submission of the above- mentioned ~~prior~~ declaration. __________________ 25 Directive 2014/67/EU of the European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System (‘the IMI Regulation’) (OJ L 159, 28.5.2014, p. 11)

2018/02/19
Committee: EMPL

Proposal for a regulation
Recital 25

(25) Procedures for issuing, updating, suspending or revoking a European services e-card should make use of documents ~~only in exceptional circumstances,~~ when more detailed information is absolutely essential. In any case, ~~all of such~~only certified documents should be ~~used and accepted in simple form~~accepted.

2018/02/19
Committee: EMPL

Proposal for a regulation
Recital 8

(8) This Regulation aims to facilitate the freedom of establishment and the free movement of services within the single market in certain areas already covered by Directive 2006/123/EC through the adoption of further measures on approximation of provisions which have as their object the establishment and functioning of the internal market. It should be based on Article 114 of the TFUE.

2017/10/30
Committee: ECON

Proposal for a regulation
Recital 30

(30) Service providers obliged to acquire professional liability insurance in Member States where they have not been active often have difficulty demonstrating their claims history regarding cover obtained elsewhere. Claims histories are an essential element to insurance distributers in ascertaining and assessing the risk profile of a potential client. Demonstration is difficult due to poor communication between insurance distributers across internal market borders but also to disparities in describing the track-record of an insured party, even within the same Member State. Insurance distributers and bodies appointed by a Member State to provide compulsory insurance cover should therefore be obliged to issue a statement relating to the third party liability claims which can then be used across borders and even domestically, should a service provider change insurance distributer.

2018/02/19
Committee: EMPL

Proposal for a regulation
Recital 10

(10) In so doing, this Regulation specifically targets business ~~and construction service sectors~~ included in scope of Directive …[ESC Directive]… which face some of the most stringent regulatory and administrative barriers to cross-border expansion and consequently have an unexploited potential for internal market integration.

2017/10/30
Committee: ECON

Proposal for a regulation
Article 9 – paragraph 1

1. In the context of procedures to issue, update, suspend or revoke a European services e-card competent authorities of Member States shall only accept ~~documents in a simple copy form and shall not request that documents submitted to them are subject to legalisation, apostille formalities, certification or authentication~~certified, reliable supporting documents.

2018/02/19
Committee: EMPL

Proposal for a regulation
Article 14 – paragraph 1

1. Coordinating authorities and competent authorities in different Member States shall exchange information and give each other mutual assistance in the context of a procedure to issue suspend, revoke or cancel a European services e-card as well as in the update of the information contained therein. ~~This~~Clear lines of responsibility shall be established in respect of updating the information contained in the European services e-card in a timely manner. These obligations shall also apply in the context of formalities in accordance with Articles 6 (1) and 7 for secondment of staff and movement of self- employed, in relation to competent authorities as defined in point (ii) of Article 3(19).

2018/02/19
Committee: EMPL

Proposal for a regulation
Recital 14

(14) The European services e-card should be fully electronic, rely almost exclusively on ~~data~~valid and authentic data verified by the home Member State and provided by reliable sources, limit the use of documents to ~~the minimum~~what is necessary and allow for multilingual processing to avoid translation costs. In order to make the procedure fully electronic and allow for administrative cooperation between home and host Member States. The Internal Market Information system set up by Regulation (EU) No 1024/2012 of the European Parliament and of the Council22 should be used under this Regulation. A specific electronic platform should be developed for the purpose of issuing, updating, suspending, revoking or cancelling European services e-cards, as well as to make valid European services e- cards electronically available to their holders and to competent authorities. __________________ 22 Regulation (EU) No 1024/2012 of the European Parliament and of the Council of 25 October 2012 on administrative cooperation through the Internal Market Information System and repealing Commission Decision 2008/49/EC (‘the IMI Regulation’) (OJ L 316, 14.11.2012, p. 1)

2017/10/30
Committee: ECON

Proposal for a regulation
Recital 15

(15) In order to submit an application for a European services e-card, a harmonised multilingual form should be made available ensuring that the elements necessary for identification of the provider and of the services for which the e-card is requested, as well as for the assessment of specific requirements applicable to the services at stake, such as those regarding proof of its establishment in the home Member State, good repute ~~or insurance coverage, are included~~, and thus made available to coordinating authorities in both home and host Member States.

2017/10/30
Committee: ECON

Proposal for a regulation
Recital 18

(18) Description of the terms of coverage of a mandatory or voluntary insurance included in written contracts might be difficult to find. Insurance distributers, as well as bodies appointed by a Member State to provide compulsory insurance, should therefore provide a description of the core elements of coverage to their client in the format of an insurance certificate. This certificate should be annexed to the application form. In order to ensure uniform implementation of this part of the Regulation, implementing powers should be conferred on the Commission to adopt a harmonised format for the certificates. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council.deleted

2017/10/30
Committee: ECON

Proposal for a regulation
Recital 30

(30) Service providers obliged to acquire professional liability insurance in Member States where they have not been active often have difficulty demonstrating their claims history regarding cover obtained elsewhere. Claims histories are an essential element to insurance distributers in ascertaining and assessing the risk profile of a potential client. Demonstration is difficult due to poor communication between insurance distributers across internal market borders but also to disparities in describing the track-record of an insured party, even within the same Member State. Insurance distributers and bodies appointed by a Member State to provide compulsory insurance cover should therefore be obliged to issue a statement relating to the third party liability claims which can then be used across borders and even domestically, should a service provider change insurance distributer.deleted

2017/10/30
Committee: ECON

Proposal for a regulation
Recital 31

(31) In order to ensure uniform implementation of this Regulation in relation to the presentation of the description of liabilities, implementing powers to adopt rules on the standardised presentation format of that statement should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council.deleted

2017/10/30
Committee: ECON

Proposal for a regulation
Recital 32

(32) A statement relating to claims history should be instrumental in allowing insurance distributers and bodies appointed by a Member State to provide compulsory indemnity insurance to ban discriminatory practices towards cross- border providers of which information is more scarce and difficult to obtain. The same non-discrimination principle should apply to professional organisations who offer group cover to their members or other service providers.deleted

2017/10/30
Committee: ECON

Proposal for a regulation
Article 3 – paragraph 1 – point 9

~~9. “professional liability insurance” means professional liability insurance as defined in the last indent of Article 23(5) of Directive 2006/123/EC.~~deleted

2017/10/30
Committee: ECON

Proposal for a regulation
Article 3 – paragraph 1 – point 19

19. “insurance distributor” means insurance distributor as defined in point (8) of Article 2(1) of Directive (EU) 2016/97 of the European Parliament and of the Council30 , __________________ 30Directive (EU) 2016/97 of the European Parliament and of the Council of 20 January 2016 on insurance distribution (recast) (OJ L 26, 2.2.2016, p. 19)deleted

2017/10/30
Committee: ECON

Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 3 – point g

(g) information on any existing professional indemnity insurance of the provider in relation to professional liability in the territory of the home Member State, including information on the cover for activities carried out in the territory of other Member States, as appropriate;deleted

2017/10/30
Committee: ECON

Proposal for a regulation
Article 5

1. Where information on insurance cover is entered into the standard form, in accordance with point (g) of the third subparagraph of Article 4(1), a corresponding insurance certificate shall be attached to the application form. The insurance distributor or the body appointed by a Member State to provide compulsory insurance shall provide the certificate to the applicant upon request. The insurance certificate shall contain information about the existence of professional liability insurance for the services concerned, including the territorial scope of such cover in other Member States, the insured risks, the duration, the insured sums per claim and for all claims in a year, and possible exclusions. 2. The Commission may adopt a harmonised format for the insurance certificate as referred to in the second subparagraph of paragraph 1 by means of an implementing act. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 16(2).Article 5 deleted Insurance certificate

2017/10/30
Committee: ECON

Proposal for a regulation
Article 11

Statement relating to third party liability 1. issue, within 15 days of receiving a request to this effect from the policyholder, a statement concerning the third party liability claims related to his activities covered by the contract of professional liabilityArticle 11 deleted claims An insurance, during the preceding years of the contractual relationship up to a maximum of 5 years, or to the absence of such claims, describing the liabilities arising from provision of the services in question which were the object of a claim. 2. The Commission may adopt rules on the standardised presentation format of the statement referred to in paragraph 1 by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 16(2).istributor shall

2017/10/30
Committee: ECON

Proposal for a regulation
Article 11 – paragraph 1

1. An insurance distributor shall issue, within 15 days of receiving a request to this effect from the policyholder, a statement concerning the third party liability claims related to his activities covered by the contract of professional liability insurance, during the preceding years of the contractual relationship up to a maximum of 5 years, or to the absence of such claims, describing the liabilities arising from provision of the services in question which were the object of a claim.deleted

2017/10/30
Committee: ECON

Proposal for a regulation
Article 11 – paragraph 2

2. The Commission may adopt rules on the standardised presentation format of the statement referred to in paragraph 1 by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 16(2).deleted

2017/10/30
Committee: ECON

Proposal for a regulation
Article 12

Obligations for insurance distributors Insurance distributors and bodies appointed by a Member State to provide compulsory insurance shall duly take into account in the acceptance policy and in the calculation of premiums, in a non- discriminatory manner, the experience of the provider as reflected in the claims statement issued in accordance with Article 11, as presented by the provider.Article 12 deleted

2017/10/30
Committee: ECON

Proposal for a regulation
Article 13

Obligations for professional organisations Professional organisations, including competent authorities as defined in points (i) and (ii) of Article 3(18), which offer group cover related to professional liability insurance to their members or to providers of services under specific conditions, shall ensure access to such cover, under the same conditions in a non-discriminatory manner, to providers of services from other Member States which express an interest in benefiting from such group cover.Article 13 deleted

2017/10/30
Committee: ECON