15 Amendments of Lambert van NISTELROOIJ related to 2016/0404(COD)
Amendment 127 #
Proposal for a directive
Recital 18
Recital 18
(18) The economic impact of the measure, including a cost-benefit analysis with particular regard to the degree of competition in the market and the quality of the service provided, as well as the impact on the right to work and on the free movement of persons and services within the Union, having due regard to the specific situation of cross-border regions, should be duly taken into account by the competent authorities. Based on this analysis, Member States should ascertain, in particular, whether the extent of the restriction of access to or pursuit of regulated professions within the Union is proportionate to the importance of the objectives pursued and the expected gains.
Amendment 155 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
This Directive lays down rules on a common framework for conducting proportionality assessments before introducing new legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, or amending existing ones, with a view to ensuring the proper functioning of the internal market. It does not affect Member States' prerogative and margin of discretion to decide whether and how to regulate a profession, including as regards guaranteeing a high level of health care and patient safety, within the limits of the principles of non- discrimination and proportionality.
Amendment 180 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that before introducing new legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, or amending existing ones, the relevant competent authorities undertake an assessment of their proportionality in accordance with the rules laid down in this Directive and taking into account the nature, content and impact of the requirements being introduced or amended.
Amendment 213 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The relevant competent authorities shall consider in particular whether those provisions are objectively justified on the basis of public policy, public security or public health, or by overriding reasons in the public interest, such as preserving the financial equilibrium of the social security system, the protection of consumers, recipients of services, including patients, and workers, the safeguarding of the proper administration of justice, fairness of trade transactions, combating fraud and prevention of tax evasion and avoidance, road safety, the protection of the environment and the urban environment, the health of animals, intellectual property, the safeguarding and conservation of the national historic and artistic heritage, social policy objectives and cultural policy objectives.
Amendment 220 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Before introducing new legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, or amending existing ones, Member States shall assess whether those provisions are necessary and suitable for securing the attainment of the objective pursued and do not go beyond what is necessary to attain that objective. The assessment shall take into account the specificities of the profession concerned as well as the nature, content and impact of the requirements being introduced or amended in view of the public interest objectives being pursued.
Amendment 237 #
Proposal for a directive
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
(b) the suitability of the provision namely as regards its appropriateness to attain the objective pursued and whether it genuinely reflects that objective in a consistent and systematic manner and thus, addresses the risks identified in a similar way as in comparable activities;
Amendment 241 #
Proposal for a directive
Article 6 – paragraph 2 – point b a (new)
Article 6 – paragraph 2 – point b a (new)
(ba) whether the provision genuinely reflects the objective pursued in a consistent and systematic manner and thus, addresses the risks identified in a similar way as in comparable activities;
Amendment 244 #
Proposal for a directive
Article 6 – paragraph 2 – point c a (new)
Article 6 – paragraph 2 – point c a (new)
(ca) the economic impact of the measure, including the degree of competition in the market, the quality of the service provided, the availability of services, the effects on job creation as well as the impact on the free movement of persons and services within the Union, having due regard to the specific situation of cross-border regions;
Amendment 246 #
Proposal for a directive
Article 6 – paragraph 2 – point c b (new)
Article 6 – paragraph 2 – point c b (new)
(cb) the cumulative effect of restrictions to both the access and pursuit of the profession, and in particular how each of those requirements contributes to and whether it is necessary to achieve the same public interest objective.
Amendment 256 #
Proposal for a directive
Article 6 – paragraph 2 – point e
Article 6 – paragraph 2 – point e
(e) the link between the complexity of the tasks and the necessary possession of specific professional qualifications, in particular as regards the level, the nature and the duration of the training or experience required, as well as the existence of different routes to obtain the professional qualification;
Amendment 258 #
Proposal for a directive
Article 6 – paragraph 2 – point e a (new)
Article 6 – paragraph 2 – point e a (new)
(ea) the existence of different routes to obtain the professional qualification
Amendment 262 #
Proposal for a directive
Article 6 – paragraph 2 – point f
Article 6 – paragraph 2 – point f
(f) the scope of the professional activities reserved to holders of a particular professional qualification, namely whether and why the activities reserved to certain professions can or cannot be shared with other professions;
Amendment 270 #
Proposal for a directive
Article 6 – paragraph 2 – point h
Article 6 – paragraph 2 – point h
Amendment 276 #
Proposal for a directive
Article 6 – paragraph 2 – point j
Article 6 – paragraph 2 – point j
Amendment 331 #
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Member States, relevant stakeholders and other interested parties may submit comments to the Commission or to the Member State which has notified the provisions.