49 Amendments of Dariusz ROSATI related to 2016/0402(COD)
Amendment 81 #
Proposal for a directive
Title 1
Title 1
Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the legal and operational framework of the European services e-card introduced by Regulation ....[ESC Regulation].... (Text with EEA relevance) and for the coordination of provisions concerning the freedom of establishment and the freedom to provide certain services
Amendment 82 #
Proposal for a directive
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 50(1), 53(1) and 62 thereof,
Amendment 90 #
Proposal for a directive
Recital 5
Recital 5
(5) Cross-border trade and cross-border investment in certain business and constructionconstruction and business 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.
Amendment 92 #
Proposal for a directive
Recital 7
Recital 7
(7) In order to make it easier to take up and pursue service activities, this Directive builds upon Directive 2006/123/EC but does in no way amend its rules. The scope of this Directive is even more limited compared to the scope laid down in the Services Directive. It specifically targets business and constructionconstruction and business service sectors, where many obstacles to cross-border activities still remain. In addition, cross- border trade and investment in construction and several business services are low and both sectors have seen weak productivity growth over the last decade.
Amendment 95 #
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7 a) Other service sectors suffer from a similarly low level of cross-border trade and cross-border investment, do not have sector-specific legislation to allow their cross-border expansion and are important for business because of their role as service recipients.However, it is important to give time to the Commission to adapt the IMI to this Directive and to the Member States to adopt measures to implement the European services e- card.Therefore, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of extending the scope of this Directive to those other sectors at later stage under specific conditions.
Amendment 114 #
Proposal for a directive
Recital 26
Recital 26
(26) A coordinating authority of the host Member State should provide clarity as to which requirements apply to the incoming service provider, considering the latter is already established in another Member State. The coordinating authority of the host Member State should ensure the provider knows which requirements govern performance of services in the host Member States, including those applicable once it obtains the European services e- card. The information on the requirements should be included in the application forms. For establishment, i.e., provision of services through branches, agencies or offices, the identification of applicable requirements by the coordinating authority of the host Member State fulfils a different purpose: it lists the requirements the compliance of which the incoming service provider is required to prove before the e- card can be issued.
Amendment 116 #
Proposal for a directive
Recital 28 a (new)
Recital 28 a (new)
(28 a) In the assessment of an application for a European services e- card, as specified in Article 12 and Article 13, the host Member State should not duplicate requirements and controls which are equivalent or essentially comparable as regards their purpose to which the provider is already subject in the home Member State.
Amendment 130 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
This Directive lays down the legal and operational framework for the European services e-card introduced by Regulation ……[ESC Regulation]…….. and coordinates provisions concerning the freedom of establishment and the freedom to provide certain services.
Amendment 132 #
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. TChapters II and III of this Directive appliesy to the services listed in thewithin the meaning of Annex I. Chapter IIIa of this Directive applies to the services within the meaning of Annex Ia.
Amendment 133 #
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 1
Article 2 – paragraph 2 – subparagraph 1
This Directive does not affect the matters mentioned in Article 1(2) to (7) of Directive 2006/123/EC. It shall not have any impact on the regulatory requirements for the provision of services that are in place at national level, such as rules concerning social protection, consumer rights, health and safety or the environment. It does therefore not introduce the country of origin principle.
Amendment 135 #
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 2
Article 2 – paragraph 2 – subparagraph 2
It shall not apply to the activities and fields mentioned in Article 2(2) and (3) of Directive 2006/123/EC or to information society services.
Amendment 138 #
Proposal for a directive
Article 2 – paragraph 3 – subparagraph 2
Article 2 – paragraph 3 – subparagraph 2
This Directive shall be without prejudice to the rights of workers, the obligations of service providers and related controls in Member States laid down in Directives 96/71/EC and 2014/67/EU, as well as in relation to posting of workers who are third country nationals from another Member State.
Amendment 141 #
Proposal for a directive
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
1. "home Member State" means the Member State toin which a provider addressed the application for a European services e-carose territory the provider of the service concerned is established;
Amendment 144 #
Proposal for a directive
Article 3 – paragraph 1 – point 1 a (new)
Article 3 – paragraph 1 – point 1 a (new)
1 a. 'European services e-card' means an electronic certificate, resulting from a harmonised procedure, proving that its holder is a service provider legally established in the home Member State, entitled, in that territory, to provide the service activities in question, as well as proving that its holder is entitled to perform activity in the territory of the host Member State, without establishing there or through a branch, agency or office located therein, as the case may be, and to continue such provision, for as long as it remains valid.
Amendment 146 #
Proposal for a directive
Article 3 – paragraph 1 – point 3 a (new)
Article 3 – paragraph 1 – point 3 a (new)
3 a. “professional qualification requirements” means requirements of professional qualifications as defined in point (b) of Article 3(1) of Directive 2005/36/EC;
Amendment 147 #
Proposal for a directive
Article 3 – paragraph 1 – point 3 b (new)
Article 3 – paragraph 1 – point 3 b (new)
3 b. "corporate control" means control as defined in Article 3(2) of Council Regulation (EC) 139/2004;
Amendment 148 #
Proposal for a directive
Article 3 – paragraph 1 – point 3 c (new)
Article 3 – paragraph 1 – point 3 c (new)
3 c. "corporate designation" means a specific name or part of a name, including an ending designation, used to designate a corporate body.
Amendment 151 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. A European services e-card for temporary cross-border service provision is an electronic certification, resulting from a harmonised procedure, that stipulates the right of its holder to start provision of services, without establishing, in the host Member State, and to continue such provision, for as long as it remains valid. A host Member State shall not impose any prior authorisation scheme, prior notification scheme or an establishment requirement on the holder of a previously issued European services e- card for temporary cross-border provision of services as a condition for such provision of services in its territory. These schemes shall include registration in the official lists of approved economic operators in accordance with Article 64 of Directive 2014/24/EU and Article 46 of Directive 2009/81/EC, as appropriate.
Amendment 152 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. A European services e-card for secondary establishment is an electronic certification, resulting from a harmonised procedure, that stipulates the right of its holder to start provision of services in the host Member State through a branch, agency or office located in the territory of this Member State, and to continue such provision, for as long as it remains valid. A host Member State shall not impose any prior authorisation scheme or prior notification scheme on the holder of a previously issued European services e-card for establishment as a condition for establishment in its territory through a branch, agency or office located in its territory. These schemes shall include registration in the official lists of approved economic operators, in accordance with Article 64 of Directive 2014/24/EU and Article 46 of Directive 2009/81/EC, as appropriate.
Amendment 153 #
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. A host Member State shall refrain from imposing on holders of a previously issued European services e-card requirements other than those referred to in paragraphs 1 and 2 the compliance of which has been or is deemed to have been verified under Artnot impose any authorisation scheme or notification scheme on a holder of a European services e-card, once service provision in its territory has started, which duplicates equivalent or essentially comparable controls to which the provider was subject as part of the procedure for issuing the European servicles 11 to 13e-card.
Amendment 154 #
Proposal for a directive
Article 5 – paragraph 5
Article 5 – paragraph 5
5. Paragraphs 1, 2 and 3 are without prejudice to reporting obligations imposed on the holder of a European services e-card or the performance of checks, inspections or investigations from competent authorities during the provision of the service, in compliance with EU law. During the checks, authorities competent for inspections or investigations shall take into account the European services e– card as a proof of completion of the requirements foreseen in a European services e–card.
Amendment 159 #
Proposal for a directive
Article 7 – paragraph 1 – subparagraph 2
Article 7 – paragraph 1 – subparagraph 2
A European services e-card for establishment shall be valid, as regards the service activities covered by that e-card, throughout the territory of the host Member State through one or more branches, agencies or offices located in the territory of this Member State except where an authorisation for each additional branch, agency or office is based on the provisions justified in accordance with Article 10(4) of Directive 2006/123/EC. In case an authorisation as referred to in the second subparagraph is required under the national law of the host Member State, an additional European services e-card may be requested in order for its holder to obtain the right to start provision of services in the host Member State through the additional branch, agency or office in question.
Amendment 166 #
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Providers of service activities for which a European professional card for establishment has been introduced, in accordance with Directive 2005/36/EC, shall not be eligible for a European services e-card for establishment. Those providers shall be eligible for a European services e-cardthat purpose except as regards requirements and provisions referenced in the second subparagraph of Article 4a(5) of Directive 2005/36 EC.
Amendment 167 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
In assessing applications for the European services e-card, Member States shall retainhave the right to invoke those overriding reasons of public interests recognised under Directive 2006/123/EC, in particular Article 16 thereof, or other acts of EU law.
Amendment 171 #
Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – introductory part
Article 11 – paragraph 1 – subparagraph 1 – introductory part
The coordinating authority of the home Member State shall within onetwo weeks of having received an application for a European services e-card:
Amendment 174 #
Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – point c
Article 11 – paragraph 1 – subparagraph 1 – point c
(c) verify whether European services e- cards issued in relation to other home Member States for the same provider and service activityies have been revoked or cancelled, or that cancelation has been requested to allow replacement of those e- cards by the European services e-card to which the application refers to;
Amendment 178 #
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The coordinating authority of the home Member State shall, upon completion of the tasks referred to in paragraph 1, communicate without delay the application to the coordinating authority of the host Member State, with information to the applicant. This communication shall constitute proof of establishment of the applicant in the territory of its home Member State, entitled, in that territory, to provide the service activities to which the application refers.
Amendment 179 #
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
Within two weeks from receiving the application the coordinating authority of the host Member State shall examine it and inform the applicant and the coordinating authority of the home Member State of any requirements applicable to temporary cross-border provisions under the legislation of the host Member State with the exception of those referred to in Article 5(4). In line with the rights of Member States as referred to in Article 10, tThe application form shall include the information about abovementioned requirements. The coordinating authority of the host Member State may, alternatively and within the same time- limit, decide to object to the issue of the European services e-card by the coordinating authority of the home Member State where it demonstrates that in accordance withe application of a prior authorisation scheme, prior notification scheme or requirements to the applicant is justified for one of thosble Union law. In this case, the coordinating authority of the host Member State shall specify the applicable legislation and why the decision is necessary and appropriate for the purpose of safeguarding the overriding reasons of publicgeneral interest set out in Article 16 of Directive 2006/123/EC or is admissibleinvoked and how the decision does not go beyond what is necessary to attain that purpose, in accordance with other acts of EUUnion law.
Amendment 184 #
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 2
Article 12 – paragraph 1 – subparagraph 2
The host Member State shall take due account in that assessment of the requirements that the applicant already meets in its home Member States. For the purpose of that assessment and within the above-mentioned time-limit, the coordinating authority of the host Member State shall be allowed to request necessary clarifications or necessary additional information from the home Member State or the applicant which is not yet contained in the application. In that case, the time limit referred to in this paragraph is suspended until the requested necessary clarification or necessary additional information is supplied. If the host Member State finds that the requirements already met by the applicant in its home Member State sufficiently fulfil the purpose of the requirement imposed by the host Member State, the host Member State cannot object the European services e-card. The procedure for requesting clarifications or additional information will be laid down by way of the delegated acts referenced in paragraph 4.
Amendment 189 #
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Taking into account the rights of Member States as referred to in Article 10, iIf the coordinating authority of the host Member State does not react within the time-limit referred to in paragraph 1 of this Article, that time limit shall automatically be extended by two additional weeks and t. The electronic platform where the application for a European services e-card has been submitted shall issue an alert to the coordinating authority of the host Member State to the effect that failure to react shall imply that there is no objection to the issue of the European services e-card to the applicant.
Amendment 191 #
Proposal for a directive
Article 12 – paragraph 3 – subparagraph 1
Article 12 – paragraph 3 – subparagraph 1
Amendment 195 #
Proposal for a directive
Article 13 – paragraph 1 – subparagraph 1
Article 13 – paragraph 1 – subparagraph 1
In the context of a procedure for issuing a European services e-card for establishment in the form of a branch, agency or office, the coordinating authority of the host Member State shall, within four weeks from receiving the application, identify which,examine ift any, prior authorisation scheme or prior notification scheme as referred to in Article 5(2) is applicable, in compliance with EU law, to such establishment. If such a prior authorisation scheme or prior notification scheme has been identified, the host Member State shall also identify the conditions which the applicant is required to comply with, with the exception of those referred to in Article 5(5). The host Member State shall indicate why the application of such a prior authorisation scheme or prior notification scheme is necessary and proportionate for the pursuance of overriding reasons of public interestd determine whether compliance with requirements imposed under a prior authorisation scheme or prior notification scheme under its national law, is required. The host Member State shall take due account in that assessment of the requirements that the applicant already meets in its home Member State. The requirements mentioned in this paragraph shall not result in the need for reincorporation or corporate restructuring of the service provider in its home Member State, or in the need for cessation of activities legally pursued by the applicant in the territory of the home Member State.
Amendment 197 #
Proposal for a directive
Article 13 – paragraph 1 – subparagraph 2
Article 13 – paragraph 1 – subparagraph 2
Amendment 199 #
Proposal for a directive
Article 13 – paragraph 3 – subparagraph 1
Article 13 – paragraph 3 – subparagraph 1
Upon receipt of the reactdecision byof the coordinating authority of the host Member State to the applicationimpose requirements under its national law in accordance with paragraph 1, the applicant shall be allowed to provide proof of compliance with the conditions identified by the coordinating authority of the host Member State under the paragraph 1therein.
Amendment 204 #
Proposal for a directive
Article 13 – paragraph 4 – subparagraph 4
Article 13 – paragraph 4 – subparagraph 4
Upon receipt of the observations of the applicant or, where no observations have been made, upon expiration of the time- limit to present those observations, the coordinating authority of the host Member State shall decide, within one week, whether to issue the European services e- card or reject the application for the European services e-card. The declaration of intention of rejection of the application and the decision to reject the application, notified to the holder of the European services e-card through the electronic platform where the standard form for application is made available, shall be fully reasoned, detailing which of the conditions identified in accordance with paragraph 1 have been deemed not complied with by the applicant and the reasons therefore.
Amendment 207 #
Proposal for a directive
Article 13 – paragraph 5 – subparagraph 1 a (new)
Article 13 – paragraph 5 – subparagraph 1 a (new)
Where the coordinating authority of the host Member State intends to reject the application in accordance with the conditions laid down in this Article, the coordinating authority of the host Member State shall inform the applicant and the coordinating authority of the home Member State, and state its reasons. The applicant shall have two weeks to submit its observations.
Amendment 208 #
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Coordinating authorities in the home Member State shall not require providers to provide information andincluding documents which are available to those authorities in accordance with paragraph 2 of this Article or Article 14(32) of Regulation ….[ESC Regulation]….. when applying for a European services e-card or to prove compliance, in the context of a European services e-card for establishment, with conditions identified by the coordinating authority of the host Member State in accordance with Article 13(1).
Amendment 210 #
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The coordinating authority in the home Member State shall obtain the information andincluding documents required for the purposes referred to in paragraph 1 which are available to other authorities in the home Member State or originate from those authorities, in accordance with the rules on the protection of personal data as provided for in Directive 95/46/EC, Regulation (EU) No 2016/679 and national legislation.
Amendment 214 #
Proposal for a directive
Article 15 – paragraph 2 – point i
Article 15 – paragraph 2 – point i
(i) made use of information orincluding documents in the context of the procedure to issue the e-card which have been ascertained to be fraudulent, inaccurate or falsified by a final decision of either home or host Member State, not subject to appeal under the applicable national law;
Amendment 220 #
Proposal for a directive
Article 16 – paragraph 3 – point vi
Article 16 – paragraph 3 – point vi
(vi) is no longer legally established in the home Member State, for any other reason.
Amendment 221 #
Proposal for a directive
Article 17 – paragraph 1 – subparagraph 1
Article 17 – paragraph 1 – subparagraph 1
A Member State which detects a reason to trigger the suspension or revocation of a European services e-card, in accordance with Articles 15 or 16, occurring in its territory shall communicate via IMI to the holder of the European services e-card in question the motivation therefore and shall give it the opportunity to be heard. The preceding subparagraph shall not apply in case of a measure put in place in accordance with Article 18 of Directive 2006/123/EC.
Amendment 223 #
Proposal for a directive
Article 17 – paragraph 2 – subparagraph 1
Article 17 – paragraph 2 – subparagraph 1
Once a Member State concludes on the need to suspend or revoke a European services e-card it shall do so without delay, in case its coordinating authority is the issuing authority of the e-card in question, or it shall communicate without delay to the issuing coordinating authority its conclusion on the need to suspend or revoke the European services e-card in question, including by application of a measure put in place in accordance with Article 18 of Directive 2006/123/EC.
Amendment 224 #
Proposal for a directive
Article 17 – paragraph 2 – subparagraph 2
Article 17 – paragraph 2 – subparagraph 2
The notification mentioned in Article 35(6) of Directive 2006/123/EC shall constitute the communication referred to in the first subparagraph, as appropriate. The issuing coordinating authority which receives the communication of a conclusion on the need to suspend or revoke the European services e-card from another Member State shall immediately suspend or revoke the European services e- card in question, as appropriate.
Amendment 227 #
Proposal for a directive
Chapter 3 a (new)
Chapter 3 a (new)
Amendment 234 #
Proposal for a directive
Annex I – title
Annex I – title
Services to which Chapters II and III of this Directive appliesy
Amendment 257 #
Proposal for a directive
Annex I – Section N – Division 82 – Group 82.4 (new)
Annex I – Section N – Division 82 – Group 82.4 (new)
Group 82.4. Registration of a branch, agency, office
Amendment 258 #
Proposal for a directive
Annex I – Section N – Division 82 – Group 82.5 (new)
Annex I – Section N – Division 82 – Group 82.5 (new)
82.5 VAT registration
Amendment 259 #
Proposal for a directive
Annex I – Section N – Division 82 – Group 82.6 (new)
Annex I – Section N – Division 82 – Group 82.6 (new)
82.6 Registration for social security purposes
Amendment 260 #
Proposal for a directive
Annex I a (new)
Annex I a (new)