BETA

Activities of Bernadette VERGNAUD related to 2011/0435(COD)

Plenary speeches (2)

Recognition of professional qualifications and administrative cooperation through the Internal Market Information System (debate)
2016/11/22
Dossiers: 2011/0435(COD)
Recognition of professional qualifications and administrative cooperation through the Internal Market Information System (debate)
2016/11/22
Dossiers: 2011/0435(COD)

Reports (1)

REPORT 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 PDF (1011 KB) DOC (1 MB)
2016/11/22
Committee: IMCO
Dossiers: 2011/0435(COD)
Documents: PDF(1011 KB) DOC(1 MB)

Amendments (23)

Amendment 129 #
Proposal for a directive
Recital 16
(16) To simplify the system for automatic recognition of all medical and dental, dental, pharmaceutical and veterinary specialities, such specialities should be covered by Directive 2005/36/EC if they are common to at least one third of the Member States.
2012/10/17
Committee: IMCO
Amendment 144 #
Proposal for a directive
Recital 20
(20) Graduates wishing to pursue a remunerated traineeship in another Member State where such traineeship is possible shouldtraineeship which forms part of the training for a regulated profession in another Member State where such traineeship is possible should, irrespective of the level and nature of the remuneration provided, be covered by Directive 2005/36/EC in order to foster their mobility. It is also necessary to provide for the recognition of their traineeship by the home Member State.
2012/10/17
Committee: IMCO
Amendment 178 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
2005/36/EC
Article 1 – paragraph 2
This Directive also establishes rules concerning partial access to acertain regulated professions and access to and recognition of remunerated traineeships which form part of the training for a regulated profession, irrespective of the level and nature of the remuneration provided, pursued in another Member State.
2012/10/17
Committee: IMCO
Amendment 187 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 2005/36/EC
Article 2 – paragraph 1
1. This Directive shall apply to all nationals of a Member State wishing to pursue a regulated profession or a remunerated traineeshiptraineeship which forms part of the training for a regulated profession, irrespective of the level and nature of the remuneration provided, in a Member State, including those belonging to the liberal professions, other than that in which they obtained their professional qualifications, on either a self-employed or employed basis.
2012/10/17
Committee: IMCO
Amendment 201 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a – point ii
Directive 2005/36/EC
Article 3 – paragraph 1 – point j
(j) 'remunerated traineeship': the pursuit of supervised and remunerated activitiestraineeship which forms part of the training for a regulated profession': the pursuit of supervised activities, irrespective of the level and nature of the remuneration provided, with a view to access to a regulated profession granted on the basis of an examination;
2012/10/17
Committee: IMCO
Amendment 254 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
2005/36/CE
Article 4 b – paragraph 3
3. The competent authority of the home Member State shall acknowledge receipt of the application and inform the applicant of any missing document without delay fromin three working days of submission of the application. It shall create a file of the application containing all supporting documents, which must be certified as valid, within the Internal Market Information System (IMI) established by Regulation (EU) No […] of the European Parliament and of the Council(*). In case of subsequent applications by the same applicant, the competent authorities of the home or the host Member State may not request the re- submission of documents which are already contained in the IMI file and which are still valid.
2012/10/17
Committee: IMCO
Amendment 292 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
2005/36/CE
Article 4 d – paragraph 3
3. In the cases referred to in Articles 7(4) and 14, a host Member State shall decide on whether to recognise the holder's qualifications or to subject him to compensation measures within two montheight weeks from the date of receipt for validation 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. TWhere that request shall not suspend the period of two monthsis justified on practical, technical or organisational grounds, the aforementioned period of eight weeks may be extended by a further two weeks, provided that the professional is duly informed thereof.
2012/10/17
Committee: IMCO
Amendment 304 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
2005/36/CE
Article 4 d – paragraph 5
5. The host Member State shall acknowledge receipt of the application for validation of the European Professional Card within a period of five working days. Where the host Member State fails to take a decision within the time limits set out in the paragraphs 2 and 3 or to request additional information within one monthfive weeks from the date of receipt of the European Professional Card by the home Member State, the European Professional Card shall be deemed to be validated by the host Member State and to constitute recognition of the professional qualification to the regulated profession concerned in the host Member State. This tacit recognition of qualifications shall not constitute automatic recognition of the right to practise.
2012/10/17
Committee: IMCO
Amendment 321 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
2005/36/CE
Article 4 e – 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, qualifications, applicable regime, competent authorities involved, card number, security features and reference to a valid proof of identity.
2012/10/17
Committee: IMCO
Amendment 336 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 (new)
2005/36/CE
Article 4 f – paragraph 1 – point b (new)
b a) the professional is fully qualified to practise in the home Member State the professional activity for which partial access may be granted in the host Member State;
2012/10/17
Committee: IMCO
Amendment 362 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
2. Partial access may be rejected if such rejection is justifiedMember States may refuse to apply the principle of partial access to certain professions if they are able to justify this refusal by an overriding reason 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 necessary. However, a measure of this kind shall not prevent a competent authority from being able to grant partial access to a professional activity on a case by case basis in specific identified situations.
2012/10/17
Committee: IMCO
Amendment 375 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point a
2005/36/CE
Article 5 – paragraph 1 – point b
b) where the service provider moves, if he has pursued that profession as his main activity or as a regular seasonal activity in one or several Member States for at least two years during the last 10 years preceding the provision of services when the profession is not regulated in the Member State of establishment.
2012/10/17
Committee: IMCO
Amendment 383 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point a (new)
2005/36/CE
Article 5 – paragraph 1 – subparagraph 3 (new)
Member States may however retain the requirement concerning pursuit of the profession in the case of certain professions with health or safety implications, if they are able to justify this on grounds of overriding reasons of public interest. Member States shall notify the Commission of the list of professions concerned by (insert the date of entry into force of the directive) at the latest and every two years thereafter.
2012/10/17
Committee: IMCO
Amendment 433 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point d
Directive 2005/36/EC
Article 14 – paragraph 4
4. For the purposes of paragraphs 1 and 5, ‘substantially different matters’ shall mean matters of which knowledge is essential for pursuing the profession and with regard to which the training received by the migrant shows important differences in terms of duration or content from the training required by the host Member State.
2012/10/17
Committee: IMCO
Amendment 435 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point e
Directive 2005/36/EC
Article 14 – paragraph 6
(c) explain the substantial differences in terms of content and the implications those differences have for the professional's ability to practise his profession in a satisfactory manner in the host Member State;
2012/10/17
Committee: IMCO
Amendment 436 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point e
Directive 2005/36/EC
Article 14 – paragraph 6 – point d
(d) explain why due to these substantial differences, the applicant cannot perform his profession in a satisfactory manner in the host Member State territory;deleted
2012/10/17
Committee: IMCO
Amendment 441 #
Proposal for a directive
Article 1 – paragraph 1 – point 14 a (new)
Directive 2005/36/EC
Chapter III – heading
(14a) The heading of Chapter III is replaced by the following: Recognition on the basis of a common set of training conditions and levels (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
2012/10/17
Committee: IMCO
Amendment 456 #
Proposal for a directive
Article 1 – paragraph 1 – point 18 – point a
Directive 2005/36/EC
Article 24 – paragraph 2
Basic medical training shall comprise a total of at least fivesix years of study, which may also be expressed with the equivalent ECTS credits, and shall consist of at least 5500 hours of theoretical and practical training provided by, or under the supervision of, a university. For persons who began their studies before 1 January 1972, the course of training referred to in the first subparagraph may comprise six months of full-time practical training at university level under the supervision of the competent authorities. By way of derogation from the first paragraph, in exceptional cases Member States may notify, under the procedure provided for in Article 21a, training programmes comprising fewer than six years of study, which may also be expressed with the equivalent ECTS credits, if those programmes consist of at least 5500 hours of theoretical and practical training provided by, or under the supervision of, a university. In such cases, a supplementary assessment carried out by an independent body and confirming that the training programme is of a sufficiently high standard of quality and complies with the requirements of this Directive shall be submitted together with the report provided for in Article 21a(2).
2012/10/17
Committee: IMCO
Amendment 497 #
Proposal for a directive
Article 1 – paragraph 1 – point 23 – point b a (new)
Directive 2005/36/EC
Article 33 – paragraph 3 a (new)
(3a) The new provisions of Article 31(1) shall be without prejudice to the acquired rights of nurses responsible for general care who commenced a course of training on the basis of the 10-year general education requirements prior to the date of transposition of this Directive.
2012/10/17
Committee: IMCO
Amendment 513 #
Proposal for a directive
Article 1 – paragraph 1 – point 26 – point a a (new)
Directive 2005/36/EC
Article 38 – paragraph 3
(aa) Paragraph 3 is replaced by the following: ‘3. Training as a veterinary surgeon shall provide an assurance that the person in question has acquired the following knowledge and skills: (a) adequate knowledge of the sciences on which the activities of the veterinary surgeon are based; (b) adequate knowledge of the structure and functions of healthy animals, of their husbandry, reproduction and hygiene in general, as well as their feeding, including the technology involved in the manufacture and preservation of foods corresponding to their needs; (c) adequate knowledge of the behaviour and protection of animals; (d) adequate knowledge of the causes, nature, course, effects, diagnosis and treatment of the diseases of animals, whether considered individually or in groups, including a special knowledge of the diseases which may be transmitted to humans; (e) adequate knowledge of preventive medicine; (f) the skills required for the collection, packaging, conservation and transport of samples, the performance of basic laboratory tests and the interpretation of the test results; (g) adequate knowledge of the hygiene and technology involved in the production, manufacture and putting into circulation of animal foodstuffs or foodstuffs of animal origin intended for human consumption, providing the skills required to understand and explain good farming hygiene practice and take part in ante- and post-mortem health inspections; (h) knowledge of the general principles of descriptive epidemiology, providing the skills required to take part in an epidemiological investigation; (i) the skills required to take part in programmes for the prevention and control of zoonotic, contagious, emerging and re-emerging diseases; (j) the skills required for responsible and sensible use of veterinary products intended for the prevention, treatment, control or eradication of agents harmful to animals or of animal diseases, in order to guard against the emergence of a resistance to antibiotics or other products, to ensure the safety of the food chain and to protect the environment and animal health; (k) knowledge of the health issues involved in removing and processing carcases and waste from health care activities carrying a risk of infection and the skills required to sterilise the necessary equipment and carry out surgical operations under appropriate aseptic conditions; (l) the skills required to certify the health status of individual animals or groups of animals with respect to diseases, in accordance with ethical and professional standards; (m) adequate knowledge of the laws, regulations and administrative provisions relating to the subjects listed above; (n) adequate clinical and other practical experience under appropriate supervision.’
2012/10/17
Committee: IMCO
Amendment 523 #
Proposal for a directive
Article 1 – paragraph 1 – point 28
Directive 2005/36/EC
Article 41 – paragraph 1 – point (a)
(a) full-time training of at least three years as a midwife, consisting of at least 5000 hours of theoretical and practical training, which may also be expressed with the equivalent ECTS credits, with at least one-third of those hours being spent in direct clinical practice;
2012/10/17
Committee: IMCO
Amendment 622 #
Proposal for a directive
Article 1 – paragraph 1 – point 39 a (new)
Directive 2005/36/EC
Article 55 b (new)
(39a) Civil liability and in-service training requirements 1. This Directive shall be without prejudice to Community and national provisions which enable Member States to require insurance or financial safeguards as such and shall not affect requirements relating to participation in a collective compensation fund, for instance for members of professional bodies or organisations, provided that the provisions in question are non- discriminatory. 2. This Directive shall be without prejudice to national provisions which, for overriding reasons relating to the public interest, make the right to exercise a profession conditional on the regular practice thereof, providing that the provisions in question are non- discriminatory.
2012/10/23
Committee: IMCO
Amendment 635 #
Proposal for a directive
Article 1 – paragraph 1 – point 39
Directive 2005/36/EC
Article 55 a
With a view to grant access to a regulated profession, the home Member State shall recognise the remunerated traineeshiptraineeship which forms part of the training for a regulated profession, irrespective of the level or nature of the remuneration provided, pursued in another Member State and certified by a competent authority of that Member State.
2012/10/23
Committee: IMCO