52 Amendments of Andreas SCHWAB related to 2011/0435(COD)
Amendment 89 #
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) Dual vocational training systems are a key element for low youth unemployment. Given that they are tailored to the requirements of the economy, they permit a smooth transition from training into working life. They should not just be strengthened in this Regulation, but also taken into consideration in other European legislation on reducing youth unemployment. These vocational training systems and their specific features should, moreover, remain unaffected by the rules of Directive 2005/36/EC.
Amendment 100 #
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 or professionals involved in the proper administration of justice, a Member State should be able to refuse partial access.
Amendment 101 #
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 or in the case of a notary or a lawyer, a Member State should be able to refuse partial access.
Amendment 116 #
Proposal for a directive
Recital 7
Recital 7
(7) Directive 2005/36/EC should also cover notaries. For recognition requests for establishment, Member States should be able to impose the necessary aptitude test or adaptation period to avoid any discrimination in the national selection and nomination procedures. In the case of free provision of servicesThis compensation measure does not dispense the applicant from other requirements of the process of the selection and nomination for notarial offices in the host Member State. Due to their particular function as public office holders, who are empowered and obliged to fulfil certain public functions in their home Member State, notaries shouldall not be able to draw upestablish authentic instruments and carry out other activities of authentication which requireor other judicial functions in the sealcope of the host Member Statefree provision of services.
Amendment 132 #
Proposal for a directive
Recital 18
Recital 18
(18) Directive 2005/36/EC should promote a more automatic character of recognition of qualifications for those professions which do not currently benefit from it. This should take account of the competence of Member States to decide the qualifications required for the pursuit of professions in their territory as well as the contents and the organisation of their systems of education and professional training. Before introducing such training principles, Member States should examine possible alternatives, particularly those that exist in Member States with vocational training. Professional associations and organisations which are representative at national and Union level should also be able to propose common training principles. It should take the form of a common test as a condition for acquiring a professional qualification, or training programmes based on a common set of knowledge, skills and competences. Qualifications obtained under such common training frameworks should automatically be recognised by Member States.
Amendment 147 #
Proposal for a directive
Recital 20
Recital 20
(20) Graduates wishing to pursue a remunerated traineeshiptraineeship which forms part of the training for a regulated profession in another Member State where such traineeship is possible should 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. The home Member State may, however, limit the maximum duration of a traineeship completed in another Member State, insofar as this is required for access to a regulated profession in the home Member State. Recognition of the traineeship is no substitute for an examination required for access to the profession.
Amendment 214 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a – point ii (new)
Article 1 – paragraph 1 – point 3 – point a – point ii (new)
Directive 2005/36/EC
Article 3 – paragraph 1 – point l a (new)
Article 3 – paragraph 1 – point l a (new)
la) 'liberal professions': those practised on the basis of relevant professional qualifications which provide, in a personal, responsible and professionally independent capacity, intellectual and conceptual services in the interest of the client and the public;
Amendment 245 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 (new)
Article 1 – paragraph 1 – point 5 (new)
Directive 2005/36/EC
Article 4 a – paragraph 8 a (new)
Article 4 a – paragraph 8 a (new)
8a. Articles 4a to 4e shall not apply to professional groups that had already introduced their own European Professional Card for their professionals before the entry into force of the Directive.
Amendment 287 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
2005/36/EG
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 monthfive weeks 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 monthtime limit for no more than three weeks.
Amendment 293 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
2005/36/EG
Article 4d – paragraph 3
Article 4d – 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. That request shall not suspend the period of two monthtime limit for no more than three weeks.
Amendment 341 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
2005/36/EG
Article 4f – paragraph 1 – point b) – Sentence 2
Article 4f – paragraph 1 – point b) – Sentence 2
Amendment 348 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4 f – paragraph 2
Article 4 f – paragraph 2
2. Partial access may be rejected if such rejection is justified by an overriding reason of general interest, such as public health or the sound administration of justice, it would secure the attainment of the objective pursued and it would not go beyond what is strictly necessary.
Amendment 351 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
2005/36/EG
Article 4f – paragraph 2
Article 4f – paragraph 2
2. Partial access may be rejected if such rejectionMember States may allow the principle of partial access to apply to certain professions unless rejection of such access is justified 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.
Amendment 380 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point a
Article 1 – paragraph 1 – point 6 – point a
2005/36/EG
Article 5 – paragraph 1 – point b b)
Article 5 – paragraph 1 – point b b)
(b) the service provider is accompanying the service recipient, provided that the service recipient's habitual residence is in the service provider's Member State of establishmprovider provides his service in the host country solely for this recipient and the profession does not appear on the list referred to in Article 7(4).
Amendment 386 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point b
Article 1 – paragraph 1 – point 6 – point b
4. In the case of notaries, the authentic instruments and other activities of authentication which require the seal of the host Member Stateor other judicial functions shall be excluded from the provision of services.
Amendment 410 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point b
Article 1 – paragraph 1 – point 9 – point b
Directive 2005/36/EC
Article 11 – Letter c
Article 11 – Letter c
Amendment 415 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point d
Article 1 – paragraph 1 – point 9 – point d
Directive 2005/36/EC
Article 11 – paragraph 2
Article 11 – paragraph 2
Amendment 416 #
Proposal for a directive
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2a. The Commission shall be empowered to adopt delegated acts in accordance with Article 58a in order to revise the list contained in Annex II to take account of forms of training which meet the requirements laid down in paragraph 1(c)(ii).
Amendment 421 #
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Directive 2005/36/EC
Article 13 – paragraph 3
Article 13 – paragraph 3
3. In case of an attestation of competence or evidence of formal qualifications referred to in paragraphs 1 and 2 or a certificate certifying regulated education and training or a vocational training with special structure equivalent to the level provided for in Article 11(c)(i), the host Member State shall accept the level attested or certified by the home Member State.
Amendment 425 #
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Directive 2005/36/EC
Article 13 – paragraph 4
Article 13 – paragraph 4
4. By derogation to paragraphs 1 and 2 of this Article, the competent authority of the host Member State may refuse access to and pursuit of the profession to holders of an attestation of competence in accordance with Article 11(a) where the national qualification required to exercise the profession on its territory is classified under points (c), (d) or (e) of Article 11.
Amendment 431 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point c
Article 1 – paragraph 1 – point 12 – point c
Directive 2005/36/EC
Article 14 – paragraph 3 – subparagraph 2
Article 14 – paragraph 3 – subparagraph 2
For the profession of notary, the host Member State may, when it determines the compensation measure, take into account the specific activities of this profession on its territory, in particular as regards the law to be applied. The host Member State may require from the applicant to complete an adaptation period to a maximum of six months before admission to the aptitude test.
Amendment 442 #
Proposal for a directive
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Directive 2005/36/EC
Article 20
Article 20
The Commission shall be empowered to adopt delegated acts in accordance with Article 58a concerning the adaptations of the lists of activities set out in Annex IV which are the subject of recognition of professional experience pursuant to Article 16 with a view to updating or clarifying the nomenclature, provided that this does not involve anyinvolves neither a narrowing of the scope of the activities related to the individual categories nor the moving of individual activities from one list in Annex IV to another.
Amendment 445 #
Proposal for a directive
Article 1 – paragraph 1 – point 15 a (new)
Article 1 – paragraph 1 – point 15 a (new)
Directive 2005/36/EC
Article 21 – paragraph 4
Article 21 – paragraph 4
(15a) Article 21(4) is replaced by the following: (4) Member States shall not be required, however, to accept evidence of formal qualifications in accordance with Annex V, point 5.6.2, in connection with the establishment of new public pharmacies. For the purposes of this paragraph, pharmacies which have been open for less than three years shall also be regarded as new pharmacies.
Amendment 462 #
Proposal for a directive
Article 1 – paragraph 1 – point 19 – point a a (new)
Article 1 – paragraph 1 – point 19 – point a a (new)
Directive 2005/36/EC
Article 25 – paragraph 2
Article 25 – paragraph 2
(aa) Paragraph 2 is replaced by the following: (2) Specialist medical training shall comprise theoretical and practical training at a university or teaching hospital or, where appropriate, a medical care establishment approved for that purpose by the competent authorities or bodies. Member States shall ensure that the minimum requirements in terms of duration and content laid down in Annex V, point 5.1.3, for specialist medical training are complied with. Training shall be given under the supervision of the competent authorities or bodies. It shall include personal participation of the trainee specialised doctor in the activity and responsibilities entailed by the services in question.
Amendment 465 #
Proposal for a directive
Article 1 – paragraph 1 – point 19 – point c
Article 1 – paragraph 1 – point 19 – point c
Directive 2005/36/EC
Article 25 – paragraph 5
Article 25 – paragraph 5
5. The Commission shall be empowered to adopt, in cooperation with European professional associations, delegated acts in accordance with Article 58a concerning the adaptations of the minimum periodsrequirements in terms of the duration and content of training courses referred to in point 5.1.3 of Annex V to scientific and technical progress.
Amendment 475 #
Proposal for a directive
Article 1 – paragraph 1 – point 22 – point a
Article 1 – paragraph 1 – point 22 – point a
Directive 2005/36/EC
Article 31 – paragraph 1
Article 31 – paragraph 1
1. Admission to training for nurses responsible for general care shall be contingent upon completion of general education of 12 years, as attested by a diploma, certificate or other evidence issued by the competent authorities or bodies in a Member State or by a certificate attesting success in an examination, of an equivalent level, for admission to a school of nursing.:
Amendment 477 #
Proposal for a directive
Article 1 – paragraph 1 – point 22 – point a (new)
Article 1 – paragraph 1 – point 22 – point a (new)
Directive 2005/36/EC
Article 31 – paragraph 1 – subparagraph a (new)
Article 31 – paragraph 1 – subparagraph a (new)
a. completion of general education of at least 10 years, as attested by a diploma, certificate or other evidence issued by the competent authorities or bodies in a Member State or by a certificate attesting success in an examination, of an equivalent level, and giving access to a vocational school of nursing, or
Amendment 479 #
Proposal for a directive
Article 1 – paragraph 1 – point 22 – point a (new)
Article 1 – paragraph 1 – point 22 – point a (new)
Directive 2005/36/EC
Article 31 – paragraph 1 – subparagraph b
Article 31 – paragraph 1 – subparagraph b
b. possession of a diploma, certificate or other evidence of qualification giving access, on the basis of general education of 12 years, to universities or higher education institutes of a level recognised as equivalent.
Amendment 485 #
Proposal for a directive
Article 1 – paragraph 1 – point 22 – point c a (new)
Article 1 – paragraph 1 – point 22 – point c a (new)
Directive 2005/36/EC
Article 31 – paragraph 4 (new)
Article 31 – paragraph 4 (new)
(4) Theoretical training is that part of nurse training from which trainee nurses acquire the professional knowledge, skills and competences required under paragraphs 6 and 7. The training shall be given by teachers of nursing care and by other competent persons, at universities, at higher education institutes of a level recognised as equivalent or at vocational schools of nursing.
Amendment 486 #
Proposal for a directive
Article 1 – paragraph 1 – point 22 – point c b (new)
Article 1 – paragraph 1 – point 22 – point c b (new)
Directive 2005/36/EC
Article 31 – paragraph 5 (new)
Article 31 – paragraph 5 (new)
(5) Clinical training is that part of nurse training in which trainee nurses learn, as part of a team and in direct contact with a healthy or sick individual and/or community, to organise, dispense and evaluate the required comprehensive nursing care, on the basis of the knowledge, skills and competences which they have acquired. The trainee nurse shall learn not only how to work in a team, but also how to lead a team and organise overall nursing care, including health education for individuals and small groups, within the health institute or in the community. This training shall take place in hospitals and other health institutions and in the community, under the responsibility of nursing teachers, in cooperation with and assisted by other qualified nurses. Other qualified personnel may also take part in the teaching process. Trainee nurses shall participate in the activities of the department in question insofar as those activities are appropriate to their training, enabling them to learn to assume the responsibilities involved in nursing care.
Amendment 490 #
Proposal for a directive
Article 1 – paragraph 1 – point 22 – point d
Article 1 – paragraph 1 – point 22 – point d
Amendment 491 #
Proposal for a directive
Article 1 – paragraph 1 – point 22 – point d
Article 1 – paragraph 1 – point 22 – point d
Directive 2005/36/EC
Article 31 – paragraph 7 – point a
Article 31 – paragraph 7 – point a
(a) the adequacy of knowledge of the sciences of general nurcompetence to take full responsibility for planning, organising, as referred to in point (a) of paragraph 6, in line with scientific and technological progress as well as the necessary competences such knowledge should entail in line with scientific and technological progress and recent developments in educationnd administering nursing care when treating patients on the basis of the knowledge and skills acquired in accordance with paragraph 6 letters a, b and c;
Amendment 492 #
Proposal for a directive
Article 1 – paragraph 1 – point 22 – point d
Article 1 – paragraph 1 – point 22 – point d
Directive 2005/36/EC
Article 31 – paragraph 7 – point b
Article 31 – paragraph 7 – point b
(b) the degree of sufficiency of understanding of the items referred to in point (a) of paragraph 6 and the necessary competences following from such understanding in line with scientific and technological progress and recent developments in educationcompetence to work together effectively with other actors in the health sector, including participation in the practical training of health personnel on the basis of the knowledge and skills acquired in accordance with paragraph 6 letter d and e;
Amendment 493 #
Proposal for a directive
Article 1 – paragraph 1 – point 22 – point d
Article 1 – paragraph 1 – point 22 – point d
Directive 2005/36/EC
Article 31 – paragraph 7 – point c
Article 31 – paragraph 7 – point c
(c) the degree of sufficiency of knowledge about the items referred to in point (b) of paragraph 6 and the necessary competences following from such knowledge in line with scientific progress and recent developments in education;competence to empower individuals, families and groups towards healthy lifestyles and self-care on the basis of the knowledge and skills acquired in accordance with paragraph 6 letters a and b.
Amendment 496 #
Proposal for a directive
Article 1 – paragraph 1 – point 23 – point a a (new)
Article 1 – paragraph 1 – point 23 – point a a (new)
Directive 2005/36/EC
Article 33 – paragraph 2
Article 33 – paragraph 2
(aa) the whole paragraph 2 of the art. 33 is deleted
Amendment 529 #
Proposal for a directive
Article 1 – paragraph 1 – point 29 a (new)
Article 1 – paragraph 1 – point 29 a (new)
Directive 2005/36/EC
Article 43 – paragraph 3
Article 43 – paragraph 3
(29a) the whole paragraph 3 of Article 43 is deleted
Amendment 542 #
Proposal for a directive
Article 1 – paragraph 1 – point 32
Article 1 – paragraph 1 – point 32
Directive 2005/36/EC
Article 46 – paragraph 1 – point a)
Article 46 – paragraph 1 – point a)
(a) at least four years of full-time study (which may also be expressed with the additional ECTS credits) at a university or comparable teaching institution leading to successful completion of a university-level examination and at least two years of remunerated traineeshiptraineeship for practical training to gain professional experience;
Amendment 549 #
Proposal for a directive
Article 1 – paragraph 1 – point 32
Article 1 – paragraph 1 – point 32
Directive 2005/36/EC
Article 46 – paragraph 1 – point (b)
Article 46 – paragraph 1 – point (b)
(b) at least fiveour years of full-time study (which may also be expressed with the equivalent ECTS credits) at a university or comparable teaching institution leading to successful completion of a university-level examination and at least onetwo years of remunerated traineeship.traineeship for practical training to gain professional experience;
Amendment 555 #
Proposal for a directive
Article 1 – paragraph 1 – point 32
Article 1 – paragraph 1 – point 32
3. The remunerated traineeship must be carried out in a Member State, under the supervision of a person providing adequate guarantees regarding their ability to provide practical training. It must be undertaken after the completion of the study referred to in paragraph 1n architect or a person or body approved for that purpose by a competent authority which has adequately checked their ability to provide practical training. The completion of the remunerated traineeship must be attested to in a certificate issued by a competent authority and accompanying the evidence of formal qualifications.
Amendment 564 #
Proposal for a directive
Article 1 – paragraph 1 – point 35 (new)
Article 1 – paragraph 1 – point 35 (new)
Directive 2005/36/EC
Article 49 a – paragraph 2 a (new)
Article 49 a – paragraph 2 a (new)
2a. The Commission shall consider suggestions and draft documents submitted by professional associations and Member States in order to determine whether they meet the criteria laid down in paragraph 2 and shall call on all the Member States to assess the possible implications of introducing a common training framework and to identify the bodies to which such a framework can be offered. In that connection the Member States shall consider whether and to what extent such training frameworks can be offered as part of a general training course at a university or higher education institution or as part of a vocational training course.
Amendment 569 #
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 c
Article 49 a – paragraph 2 – point c
(c) the common set of knowledge, skills and competences combines the knowledge, skills and competences defined in the systems of education and training applicable in at least one third of all Member States; in that connection it shall be irrelevant whether the knowledge, skills and competences have been acquired as part of a general training course at a university or higher education institution or as part of a vocational training course;
Amendment 572 #
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 dequalifications specifined in Annex II of the Recommendation of the European Parliament and of the Council on the establishment of the European Qualifications Framework for lifelong learningrticle 11 of this Directive (*);
Amendment 582 #
Proposal for a directive
Article 1 – paragraph 1 – point 35
Article 1 – paragraph 1 – point 35
Directive 2005/36/EC
Article 49 a – paragraph 3
Article 49 a – paragraph 3
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 58a specifying the common set of knowledge, skills and competences as well as the qualifications on the common training framework. The degree of detail shall not exceed that of the minimum training requirements laid down in Chapter III of Title III.
Amendment 585 #
Proposal for a directive
Article 1 – paragraph 1 – point 35
Article 1 – paragraph 1 – point 35
Directive 2005/36/EC
Article 49 a – paragraph 5
Article 49 a – paragraph 5
5. A Member State may request a derogation from the application ofdeclare within six months following the entry into force of the delegated act referred to in paragraph 3 that the common training framework referred to in paragraph 3 is not applicable on its territory if it wereould otherwise be compelled to introduce a new regulated profession in its territory, if it werould be required to amend existing fundamental domestic principles relating to the structure of professions as regards training and the conditions of access to such professions or if the Member State does not wish to relate its national qualifications system to the qualifications set out in that common training framework. The Commission may adopt an implementing decision, in order to grant such derogation to the Member States concerned.
Amendment 586 #
Proposal for a directive
Article 1 – paragraph 1 – point 35
Article 1 – paragraph 1 – point 35
Directive 2005/36/EC
Article 49 b
Article 49 b
Amendment 587 #
Proposal for a directive
Article 1 – paragraph 1 – point 35
Article 1 – paragraph 1 – point 35
Directive 2005/36/EC
Article 49 b – title
Article 49 b – title
Amendment 588 #
Proposal for a directive
Article 1 – paragraph 1 – point 35
Article 1 – paragraph 1 – point 35
Directive 2005/36/EC
Article 49 b – paragraph 1
Article 49 b – paragraph 1
Amendment 589 #
Proposal for a directive
Article 1 – paragraph 1 – point 35
Article 1 – paragraph 1 – point 35
Directive 2005/36/EC
Article 49 b – paragraph 2
Article 49 b – paragraph 2
Amendment 592 #
Proposal for a directive
Article 1 – paragraph 1 – point 35
Article 1 – paragraph 1 – point 35
Directive 2005/36/EC
Article 49 b – paragraph 3
Article 49 b – paragraph 3
Amendment 631 #
Proposal for a directive
Article 1 – paragraph 1 – point 39
Article 1 – paragraph 1 – point 39
Directive 2005/36/EC
Article 55 a – Title
Article 55 a – Title
Recognition of remunerated traineeship
Amendment 639 #
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 recognise the remunerated traineeship pursued in another Member State and certified by a competent authority of that Member State. traineeship which forms part of the training for a regulated profession, whether or not the right to pursue that profession is conditional on completion of that training, pursued in another Member State and certified by a competent authority of that Member State. Member States may limit the maximum duration of a traineeship pursued in another Member State if access to a regulated profession in the home Member State is conditional on completion of that traineeship. Recognition of the traineeship shall not replace an examination which must be passed in order to gain access to the profession in question.
Amendment 723 #
Proposal for a directive
Article 1 – paragraph 1 – point 50 a (new)
Article 1 – paragraph 1 – point 50 a (new)
Directive 2005/36/EC
Annex V – V.1 – point 5.1.3 (new)
Annex V – V.1 – point 5.1.3 (new)
(50a) Annex V , point 5.1.3., is replaced by the following: 5.1.3.Types of specialist medical training – Minimum requirements in terms of duration and content