25 Amendments of Othmar KARAS 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 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 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 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 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 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 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 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.