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19 Amendments of Tatjana ŽDANOKA related to 2016/0404(COD)

Amendment 27 #
Proposal for a directive
Recital 9
(9) The burden of proof of justification and proportionality lies on the Member States. The reasons for regulation invoked by a Member State by way of justification should thus be accompanied by an analysis of the appropriateness and proportionality of the measure adopted by that State and by specific evidence substantiating its arguments. This should not prevent Member States from taking immediate measures which they consider necessary to protect public health or where they consider measures necessary to pursue other overriding reasons of public interest.
2017/09/11
Committee: EMPL
Amendment 33 #
Proposal for a directive
Recital 10
(10) It is appropriate to monitor the proportionality of the provisions restricting access to or pursuit of regulated professions on a regular basis and with a frequency appropriate to the regulation concerned and to a degree commensurate with the complexity of the regulations in place and the extent of the new measures proposed. A review of the proportionality of restrictive national legislation in the area of regulated professions should be based not only on the objective of that legislation at the time of its adoption, but also on the effects of the legislation, assessed after its adoption. The assessment of the proportionality of the national legislation should be based on developments found to have occurred in the area since the legislation was adopted.
2017/09/11
Committee: EMPL
Amendment 47 #
Proposal for a directive
Recital 12 a (new)
(12 a) This Directive seeks to strike a balance between securing public interest objectives and quality of services on the one hand, and improving access to, and exercise of, regulated professions, which is in the interests of the professionals themselves, on the other.It is clear from settled case law of the Court of Justice that when one Member State imposes less strict rules than another Member State, this does not necessarily mean that the latter Member State's rules are disproportionate.
2017/09/11
Committee: EMPL
Amendment 55 #
Proposal for a directive
Recital 16
(16) Among the elements to be taken into account by national authorities, the following are of most relevance: the link between the scope of professional activities covered by a profession and the professional qualification required; the complexity of the tasks in particular as regards the level, the nature and the duration of the training or experience required; the existence of different routes to obtain the professional qualification; the scope of the professional activities, reserved to holders of a particular professional qualification, and in particular whether the activities reserved to certain professionals can be shared with other professionals; the degree of autonomy in exercising a regulated profession in particular where the activities relating to a regulated profession are pursued under the control and responsibility of a duly qualified professional.deleted
2017/09/11
Committee: EMPL
Amendment 64 #
Proposal for a directive
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 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.
2017/09/11
Committee: EMPL
Amendment 98 #
Proposal for a directive
Article 2 – paragraph 1
1. This Directive shall apply to requirements under the legal systems of the Member States restricting access to a regulated profession or its pursuit, or one of its modes of pursuit, including the use of professional titles and the professional activities allowed under such title, falling within the scope of Directive 2005/36/EC. It does not affect Member States' competence to decide whether and how, in accordance with the principles of non- discrimination and proportionality, to regulate a profession.
2017/09/11
Committee: EMPL
Amendment 118 #
Proposal for a directive
Article 4 – paragraph 1
1. Member States shall ensure that beforewhen 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, taking full account of the specific nature of each profession. The extent of this assessment shall be commensurate to the content and impact of the provisions in question. .
2017/09/11
Committee: EMPL
Amendment 127 #
Proposal for a directive
Article 4 – paragraph 2
2. Any provision referred to in paragraph 1 shall be accompanied by a detailed statement making it possible to appraise the provision's compliance with the principle of proportionality.
2017/09/11
Committee: EMPL
Amendment 132 #
Proposal for a directive
Article 4 – paragraph 3
3. The reasons for considering that a provision is justified, necessary and proportionate shall be substantiated by qualitative and, wherever possible, quantitative evidence.
2017/09/11
Committee: EMPL
Amendment 147 #
Proposal for a directive
Article 5 – paragraph 1
1. Member States shall ensure that legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions they intend to introduce and amendments they intend to make to existing provisions are justified by public interest objectives.
2017/09/11
Committee: EMPL
Amendment 153 #
Proposal for a directive
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 for example but not limited to: preserving the financial equilibrium of the social security system, the protection of consumers, recipients of services 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.
2017/09/11
Committee: EMPL
Amendment 198 #
Proposal for a directive
Article 6 – paragraph 2 – point d
(d) the link between the scope of activities covered by a profession or reserved to it and the professional qualification required;deleted
2017/09/11
Committee: EMPL
Amendment 200 #
Proposal for a directive
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;deleted
2017/09/11
Committee: EMPL
Amendment 204 #
Proposal for a directive
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;deleted
2017/09/11
Committee: EMPL
Amendment 207 #
Proposal for a directive
Article 6 – paragraph 2 – point g
(g) the degree of autonomy in exercising a regulated profession and the impact of organisational and supervision arrangements on the attainment of the objective pursued, in particular where the activities relating to a regulated profession are pursued under the control and responsibility of a duly qualified professional;deleted
2017/09/11
Committee: EMPL
Amendment 210 #
Proposal for a directive
Article 6 – paragraph 2 – point h
(h) the scientific and technological developments which may reduce the asymmetry of information between professionals and consumers;deleted
2017/09/11
Committee: EMPL
Amendment 219 #
Proposal for a directive
Article 6 – paragraph 2 – point i
(i) the economic impact of the measure, with particular regard to the degree of competition in the market and on the quality of the service provided, as well as the impact on the free movement of persons and services within the Union;
2017/09/11
Committee: EMPL
Amendment 286 #
Proposal for a directive
Article 6 – paragraph 4 – subparagraph 1 (new)
These requirements shall not be considered disproportionate restrictions per se, nor shall any restrictive effect resulting from their implementation.
2017/09/11
Committee: EMPL
Amendment 288 #
Proposal for a directive
Article 7 – paragraph 1
Member States shall, by appropriate means, inform citizens, service recipients, representative associations and relevant stakeholders other than the members of the profess and in addition to the members of the profession, inform all relevant stakeholders, including service recipients, representative associations before introducproposing new legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, or amending existing ones, and give them the opportunity to make known their views which shall then be given due consideration. This requirement may be fulfilled, for example, by means of a public consultation whose results inform the content of the adopted provisions.
2017/09/11
Committee: EMPL