Activities of Ole CHRISTENSEN related to 2011/0435(COD)
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council amending Directive 2005/36/EC on the recognition of professional qualifications and Regulation on administrative cooperation through the Internal Market Information System (IMI)
Amendments (20)
Amendment 22 #
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 relating the case of a doctor of medo the public ine or other health professionalsterest, a Member State should be able to refuse partial access.
Amendment 39 #
Proposal for a directive
Recital 19
Recital 19
(19) Directive 2005/36/EC already provides for clear obligations for professionals to have the necessary language skills. The review of that obligation has shown a need to clarify the role of competent authorities and employers notably in the interest of patients' and consumers' safety. Language controls should however be reasonable and necessary for the jobs in question and should not constitute grounds for excluding professionals from the labour market in the host Member State. and should therefore be reasonable and necessary. The concept of reasonable and necessary should be defined in cooperation between the competent authorities and the national social partners within a given sector
Amendment 46 #
Proposal for a directive
Recital 22 a (new)
Recital 22 a (new)
(22 a) Member States shall be encouraged to publicly share information about their national arrangements for basic education and training and their quality assurance arrangements for the purposes of improving trust and confidence in Member States' education and training systems and to ensure that all relevant courses are compliant with the requirements of this Directive.
Amendment 64 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4a – paragraph 5
Article 4a – paragraph 5
5. Member States shall designate competent authorities for issuing European Professional Cards. Those authorities shall ensure an impartial, objective and timely processing of applications for European Professional Cards. The Assistance Centers referred to in Article 57b may also act in the capacity of a competent authority to issue a European Professional Card. Member States shall ensure that competent authorities inform citizens, including prospective applicants, as well as the social partners on the advantages of a European Professional Card where it is available.
Amendment 66 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4a – paragraph 6
Article 4a – paragraph 6
6. The Commission shall adopt implementing acts specifying European Professional Cards for specific professions, establishing the format of the European Professional Card, the translations necessary to support any application for issuing a European Professional Card and details for the assessment of applications, taking into account the particularities of each profession concerned. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 58. The Commission shall consult the national and European social partners regarding the precise technicalities of each sector-specific professional card and shall also conduct pilot projects taking into account the particularities of each profession concerned before introducing the professional cards.
Amendment 80 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4e – paragraph 4
Article 4e – paragraph 4
4. The information included in the European Professional Card shall be limited to the information that is necessary to ascertain its holder's right to exercise the profession for which it has been issued, in particular name, surname, date and place of birth, profession, applicable regime, competent authorities involved, card number, security features, education, professional experience, training courses of importance to public safety and reference to a valid proof of identity.
Amendment 83 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4f – paragraph 1 – introductory part
Article 4f – paragraph 1 – introductory part
1. TAfter having consulted the national social partners of the sectoral professions that the applicant belongs to, the competent authority of the host Member State shall grant partial access to a professional activity in its territory, provided that the following conditions are fulfilled:
Amendment 85 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4f – paragraph 1 – point b
Article 4f – paragraph 1 – point b
(b) the professional activity can objectively be separated from other activities falling under the regulated profession in the host Member State. During the overall assessment of whether the activity shall be deemed to be separable from other activities, the host Member State's competent authorities shall consider among other things whether the activity is exercised as an autonomous activity in the home Member State.
Amendment 86 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4f – paragraph 1
Article 4f – paragraph 1
Amendment 88 #
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 overriding reason of general interest, such as public healthrelating to the public interest, it would secure the attainment of the objective pursued and it would not go beyond what is strictly necessary.
Amendment 92 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4f – paragraph 3
Article 4f – paragraph 3
3. Applications forIn case of establishment in the host Member State, applications for establishment shall be examined in accordance with Chapters I and IV of Title III in case of establishment in the host Member State. by the competent authorities of the Member State in close cooperation with the national social partners representing the sectoral professions.
Amendment 97 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point a
Article 1 – paragraph 1 – point 6 – point a
Directive 2005/36/EC
Article 5 – paragraph 1 – point b – subparagraph 2 – point b
Article 5 – paragraph 1 – point b – subparagraph 2 – point b
Amendment 105 #
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point a – point i
Article 1 – paragraph 1 – point 7 – point a – point i
Directive 2005/36/EC
Article 7 – paragraph 2 – point e
Article 7 – paragraph 2 – point e
(e) for professions in the security sector, the educational sector and in the health sector, where the Member State so requires for its own nationals, evidence of neither temporary and final suspensions from exercising the profession nor criminal convictions
Amendment 108 #
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point c
Article 1 – paragraph 1 – point 7 – point c
Directive 2005/36/EC
Article 7 – paragraph 4 – subparagraph 1
Article 7 – paragraph 4 – subparagraph 1
For the first provision of services, in the case of regulated professions having public health or safety implicationswith overriding reasons relating to the public interest, which do not benefit from automatic recognition under Chapter II or III of Title III , the competent authority of the host Member State may check the professional qualifications of the service provider prior to the first provision of services. Such a prior check shall be possible only where the purpose of the check is to avoid serious damage to the health or safety of the service recipient, the service provider or the public in general due to a lack of professional qualification of the service provider and where this does not go beyond what is necessary for that purpose.
Amendment 111 #
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point c
Article 1 – paragraph 1 – point 7 – point c
Directive 2005/36/EC
Article 7 – paragraph 4 – subparagraph 2
Article 7 – paragraph 4 – subparagraph 2
Member States shall notify to the Commission the list of professions for which a prior check of qualifications is necessary in order to avoid serious damage to the health or safety of the service recipienpublic interest under its national laws and regulations. Member States shall provide the Commission with a specific justification for the inclusion of each of those professions in the list.
Amendment 115 #
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point c
Article 1 – paragraph 1 – point 7 – point c
Directive 2005/36/EC
Article 7 – paragraph 4 – subparagraph 4
Article 7 – paragraph 4 – subparagraph 4
Where there is a substantial difference between the professional qualifications of the service provider and the training required in the host Member State, to the extent that that difference is such as to be harmful to the public health or safetyinterest, and that it cannot be compensated by professional experience or lifelong learning of the service provider, the host Member State shall give the service provider the opportunity to show, in particular by means of an aptitude test, that he has acquired the lacking knowledge or competence. In any case, it must be possible to provide the service within one month of a decision being taken in accordance with the third subparagraph.
Amendment 118 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2005/36/EC
Article 8 – paragraph 1
Article 8 – paragraph 1
1. The competent authorities of the host Member State may ask the competent authorities of the Member State of establishment, in case of doubts, to provide any information relevant to the legality of the service provider's establishment and his good conduct, as well as the absence of any disciplinary or criminal sanctions of a professional nature. In case of control of qualifications, the competent authorities of the host Member State may ask the competent authorities of the Member State of establishment information about the service provider training courses to the extent necessary to assess substantial differences likely to be harmful to the public health or safetyinterest. The competent authorities of the Member State of establishment shall provide that information in accordance with Article 56.
Amendment 154 #
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 controls 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 beenwhile the relevant decisions are 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 160 #
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 withrelating to patient safety implior quality in educations, 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 organisat social partners representing the sectoral professions.
Amendment 177 #
Proposal for a directive
Article 1 – paragraph 1 – point 42
Article 1 – paragraph 1 – point 42
Directive 2005/36/EC
Article 56a – paragraph 2
Article 56a – paragraph 2
2. In the cases not covered by Directive 2006/123/EC, wWhere a professional established in a Member State carries out a professional activity under a professional title other than those referred to in paragraph 1 and within the framework of this Directive, a Member State shall inform without delay other Member States concerned and the Commission upon gaining actual knowledge of any conduct, specific acts or circumstances which is related to such activity and which could cause serious damage to the health or safety of persons, the public interest or to the environment in another Member State. That information shall not go beyond what is strictly necessary to identify the professional concerned and shall include the reference to the decision of a competent authority prohibiting him or her from pursuing the professional activities. Other Member State may request further information under the conditions set out in Articles 8 and 56.