Activities of Antonyia PARVANOVA related to 2011/0435(COD)
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council amending Directive 2005/36/EC on the recognition of professional qualifications and the Regulation on administrative cooperation through the Internal Market Information System
Amendments (9)
Amendment 70 #
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) The mobility of healthcare professionals should also be considered within the broader context of the European workforce for health which should be addressed through a specific strategy at European level and in coordination with Member States, in order to guarantee the highest level of patients and consumers protection while maintaining the financial and organisational sustainability of national healthcare systems.
Amendment 73 #
Proposal for a directive
Recital 19
Recital 19
(19) Directive 2005/36/EC already provides for clear obligations for professionals to have the necessary language skills. The review of that obligation has shown a need to clarify the role of competent authorities and employers notably in the interest of patients' safety. Language controls should however be reasonable and necessary for the jobs in question and should not constitute grounds for excluding professionals from the labour market in the host Member Statecertain professions with health, patient and consumer safety implications but should not constitute grounds for refusal to recognise a professional qualification.
Amendment 76 #
Proposal for a directive
Recital 22
Recital 22
(22) Whilst the Directive already provides for detailed obligations for Member States to exchange information, such obligations should be reinforced. Member States should not only react to request for information but also alert other Member States in a proactive manner. Such alert system should be similar to that of Directive 2006/123/EC. A specific alert mechanism is however necessary for health professionals benefiting from automatic recognition under Directive 2005/36/EC. This should also apply to veterinary surgeons unless the Member States have already triggered the alert mechanism provided for in Directive 2006/123/EC. All Member States should be alerted if a professional due to a disciplinary action, legal sanction or criminal conviction is no longer entitled to move to another Member Statepractice the profession, or when a professional has used fraudulent or false qualifications or supporting information when applying for recognition. This alert should be activated through the IMI regardless of whether the professional has exercised any of the rights under Directive 2005/36/EC or of whether he has applied for recognition of his professional qualifications through the issuance of a European Professional Card or through any other method provided for by that Directive. The alert procedure should comply with Union law on the protection of personal data and other fundamental rights.
Amendment 78 #
Proposal for a directive
Article 1 – point 1 a (new)
Article 1 – point 1 a (new)
Directive 2005/36/EC
Article 1 – paragraph 3 (new)
Article 1 – paragraph 3 (new)
(1a) In Article 1, the following third paragraph is added: "This Directive shall apply without prejudice to measures necessary to ensure a high level of health and consumer protection.".
Amendment 104 #
Proposal for a directive
Article 1 – point 5
Article 1 – point 5
Directive 2005/36/EC
Article 4e – paragraph 4
Article 4e – 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, professiontype of qualification and profession, nationality at the point of recognition, current registration status, applicable regime, competent authorities involved, card number, security features and reference to a valid proof of identity.
Amendment 111 #
Proposal for a directive
Article 1 – point 15 a (new)
Article 1 – point 15 a (new)
Directive 2005/36/EC
Article 21 – paragraph 7 a (new)
Article 21 – paragraph 7 a (new)
(15a) In Article 21, the following paragraph is added: "7a. Member States may require that professionals possessing evidence of formal qualifications listed in Annex V, points 5.1.1, 5.1.2, 5.1.4, 5.2.2, 5.3.2, 5.3.3, 5.4.2, 5.5.2, 5.6.2 and 5.7.1 shall only benefit from the provisions in paragraph 1 if they have qualified within the preceding 3 years or can demonstrate through an attestation from a competent authority or other relevant organisation, that they have effectively and lawfully been engaged in the activities in question for at least three consecutive years during the five years prior to the date of issue of the attestation. Where this is not provided, Member States may assess a professional's qualification either under the provisions outlined in Title III, Chapter I or grant limited access to the profession according to national law.".
Amendment 131 #
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) The mobility of healthcare professionals should also be considered within the broader context of the European workforce for health which should be addressed through a specific strategy at European level and in coordination with Member States, in order to guarantee the highest level of patients and consumers protection while maintaining the financial and organisational sustainability of national healthcare systems.
Amendment 611 #
Proposal for a directive
Article 1 – paragraph 1 – point 38
Article 1 – paragraph 1 – point 38
Directive 2005/36/EC
Article 53 – paragraph 2 – subparagraph 2
Article 53 – paragraph 2 – subparagraph 2
In case of professions with patient safety implications, Member States may confer to the competent authorities the right to carry out language checking covering all professionals concerned if it is expressly requested by the national health care system, or in case of self-employed professionals not affiliated to the nationals health care system, by representative national patient organisator to request evidence attesting knowledge of the language of the host Member States from all professionals concerned following recognition of the professional qualification but before granting access to the professions.
Amendment 619 #
Proposal for a directive
Article 1 – paragraph 1 – point 38
Article 1 – paragraph 1 – point 38
Directive 2005/36/EC
Article 53 – paragraph 2 – subparagraph 3
Article 53 – paragraph 2 – subparagraph 3
Any language control shall be limited to the knowledge of one of the official languages of the Member State according to the choice of the person concerned, it shall be proportionate to the activity to be pursued and free of charg and any cost should be reasonable and proportionate for the professional. The person concerned shall be allowed to appeal such controls beforein accordance with national courtslaw.