15 Amendments of Daniel DALTON related to 2016/0398(COD)
Amendment 44 #
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) Directive 2006/123/EC is a horizontal legal instrument affecting a significant number of laws, regulations and administrative provisions at different levels within a Member State's governance structures. In order to facilitate the competent authorities' compliance with this Directive and to maximise the efficiency of the notification procedure and reduce the administrative burden of that procedure, the Commission should provide guidance regarding the practical aspects of the notification procedure, in particular for municipal and local authorities. Notwithstanding their obligation to notify, to ensure that the notification obligations of such authorities are proportionate, draft measures implementing authorisation schemes or requirements which have already been notified to the Commission and adopted by the Member State concerned at national level and do not extend the scope, content or are more restrictive schemes or requirements than the earlier adopted measure, should not be subject to notification.
Amendment 74 #
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10a) This Directive should allow Member States to act rapidly when urgent matters arise regarding serious and unforeseeable circumstances relating to the protection of public order, public safety, public health or the protection of the environment. This exception to the notification procedure for urgent matters should be temporary and not be used to circumvent the implementation of the notification procedure laid down by this Directive. Therefore the adopted measure should be notified to the Commission.
Amendment 113 #
Proposal for a directive
Recital 17
Recital 17
(17) IA further objective of this Directive is to promote transparency between Member States and interested third parties. The latter should be given access to notifications sent by Member States in order to make them aware of planned authorisation schemes or certain requirements related to services in markets in which they actually or potentially operate and to enable them to provide comments thereon. The Commission should facilitate the possibility for interested third parties to comment on the notifications made by the Member States within the consultation period.
Amendment 133 #
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Where a Member State substantially modifies a notified draft measure with the effect of significantly extendthat is subject to an ongoing notification procedure, altering its scope or content, or shortening the timetable originally envisaged for implementation, or adding requirements or authorisation schemes, or making thoseor tightening requirements or authorisation schemes more restrictive, for the establishment, or the cross-border provision of services, ithe Member State shall notmodify the modified draft measure previously notified under paragraph 1 again, including an explanation of the objective and content of the modifications. In such a case, the previous notification shall be deemed to be withdrawninitial notification, including an explanation of the objective and content thereof.
Amendment 136 #
Proposal for a directive
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
Amendment 142 #
Proposal for a directive
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3 a. Member States shall not be obliged to notify draft measures implementing authorisation schemes or requirements which have already been notified to the Commission and adopted by the Member State concerned at national level and that do not alter the scope, content or are more restrictive schemes or requirements than the earlier adopted measure.
Amendment 152 #
Proposal for a directive
Article 3 – paragraph 4
Article 3 – paragraph 4
4. The breach of one of the obligations set out in Article 3(1), (2), and (2a), (3) and (3a) or in Article 6(2) shall constitute a substantial procedural defect of a serious nature as regards its effects vis-à- vis individuals.
Amendment 164 #
Proposal for a directive
Article 3 – paragraph 5 – subparagraph 2
Article 3 – paragraph 5 – subparagraph 2
That information shall identify the overriding reason relating to the public interest pursued and give the reasons why the notified authorisation scheme or requirementprovide an assessment why the measure is non-discriminatory on grounds of nationality or residence and why it is proportionate with regard to the objective being pursued.
Amendment 170 #
Proposal for a directive
Article 3 – paragraph 8 a (new)
Article 3 – paragraph 8 a (new)
Amendment 183 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. As from the date of the Commission informing the notifying Member State of the completeness of a notification receivOnce the draft measure has been notified, a consultation of maximum three months shall take place among the notifying Member State, other Member States and the Commission from the date of receipt of the notification by the Commission.
Amendment 196 #
Proposal for a directive
Article 5 – paragraph 5 a (new)
Article 5 – paragraph 5 a (new)
5 a. An amended notification made in accordance with Article 3(2a) shall be subject to a consultation period of no less than one month from the date of that amendment being notified, during which the Commission and Member States may issue comments that the notified measure may be incompatible with Directive 2006/123/EC and/or other observations. This provision does not apply to a notification made in accordance with Article 3(2b).
Amendment 204 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Before the closure of the consultation period referred to in Article 5 (2) and (5a), the Commission may alert the notifying Member State of its concerns about the compatibility with Directive 2006/123/EC of the draft measure notified and of its intention to adopt a Decision referred to in Article 7. The Commission may issue a notice, within three months of the modification of the notification provided for in Article 3, paragraph (2b).
Amendment 211 #
Proposal for a directive
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2 a. In case a Member State receives an alert from the Commission regarding a notification of a substantial modification referred to in Article 3 (3a new) it shall refrain from adopting the draft measure for a period of 1 month.
Amendment 225 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
Where the Commission has issued an alert in accordance with Article 6(1), it may, within a period of three m and it still has serious concerns on ths after the date of the closure of the consultation period referred to in Article 5(2), adopt a Decision finding the draft measure to be incompatible with Directive 2006/123/EC ande measure notified in accordance with Article 3, it may, within a period of three months from the date of such notice adopt a Decision requiresting the Member State concerned to refrain from adopting the draft measure or, if such measure has been adopted in breach of Article 3(3) or Article 6(2),notified measure or to repeal it.
Amendment 241 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. By [36 months after the date for transposition of this Directive] and at the latest every five years thereafter, the Commission shall present a report to the European Parliament, the Council and the European Economic and Social Committee on the application of this Directive, including an assessment of any improper use to circumvent the application of the notification procedure established in this Directive.