Activities of Heide RÜHLE related to 2011/0435(COD)
Plenary speeches (1)
Recognition of professional qualifications and administrative cooperation through the Internal Market Information System (debate)
Shadow reports (1)
REPORT proposal for a directive of the European Parliament and of the Council amending Directive 2005/36/EC on the recognition of professional qualifications and Regulation on administrative cooperation through the Internal Market Information System PDF (1011 KB) DOC (1 MB)
Amendments (105)
Amendment 90 #
Proposal for a directive
Recital 3
Recital 3
(3) In order toThe introduction of the European Professional Card on a voluntary basis will promote the free movement of professionals, while ensuring a more efficient and transparent recognition of qualifications it is necessary to provide for a European Professional Card. In particular that card is necessary to facilitate temporary mobility and recognition under the automatic recognition system, as well as to promote a simplified recognition process under the general system. The card should, upon a request by the respective representative professional organisations, be issued upon request from a professional and after submission of necessary documents and completion of related review and verification procedures by the competent authorities. The functioning of the card should be supported by the Internal Market Information System (IMI) established by Regulation (EU) No […] on administrative cooperation through the Internal Market Information System23. This mechanism should help enhance synergies and trust among competent authorities, while at the same time eliminating duplication of administrative work for the authorities and creating more transparency and certainty for professionals. The process for the application and issuing of the card should be clearly structured and incorporate safeguards and the corresponding rights of appeal for the applicant. The card and the related workflow within IMI should ensure the integrity, authenticity and confidentiality of the data stored and avoid unlawful and unauthorised access to information contained therein.
Amendment 98 #
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, a Member State should be able to refuse partial access a Member State should be able to refuse partial access. Partial access does not apply to health professions concerned with patient safety or public health care.
Amendment 114 #
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 services, notaries should not be able to draw up authentic instruments and carry out other activities of authentication which require the seal of the host Member Statenot apply to the profession of notary. When designing their judicial systems, most Member States have established the profession of notary as an independent public office that serves the public interest, with responsibilities that can sometimes vary considerably. The basic thinking behind Directive 2005/36/EC, however, particularly as regards the freedom to provide services, is contrary to this notion of a notary as a public office- holder involved in the judicial system.
Amendment 117 #
Proposal for a directive
Recital 8
Recital 8
(8) In order to apply the mechanism of recognition under the general system, it is necessary to group the various national education and training schemes into different levels. Those levels, which are established only for the purpose of the operation of the general system, should have neither effect upon the national education and training structures nor upon the competence of Member States in this field, including a national policy for implementing the European Qualifications Framework. This can be a tool to promote the transparency and comparability of qualifications and can be a useful additional source of information for the competent authorities examining the recognition of qualifications issued in other Member States. The levels established for the operation of the general system should in principle no longer be used as a criterion for excluding Union citizens from the scope of Directive 2005/36/EC when this would be contrary to the principle of life long learning.
Amendment 121 #
Proposal for a directive
Recital 12
Recital 12
(12) The system of automatic recognition on the basis of harmonised minimum training requirements depends on the timely notification of new or changed evidence of formal qualifications by the Member States and their publication by the Commission. Otherwise, holders of such qualifications have no guarantees that they can benefit from automatic recognition. In order to increase transparency and facilitate the examination of newly notified titles, Member States should designate an appropriate body, such as an accreditation board or a ministry, to examine each notification and provide a report on compliance with Directive 2005/36/EC to the Commission.
Amendment 128 #
Proposal for a directive
Recital 15
Recital 15
(15) The nursing and midwifery professions have significantly evolved in the last three decades: community-based healthcare, the use of more complex therapies and constantly developing technology presuppose a capacity for higher responsibilities for nurses and midwives. In order to prepare them to meet such complex healthcare needs, nursing and midwifery students need to have a solid general education background before they start the training. Therefore, admission to that training should be increased to twelve years of general education or success in an examination of an equivalent level; the decisive factor, however, is the quality and content of training, which must constantly be brought into line with the challenges facing these professions.
Amendment 133 #
Proposal for a directive
Recital 18
Recital 18
(18) Directive 2005/36/EC should promote a more automatic character of recognition of qualifications for those professions which do not currently benefit from it. This should take account of the competence of Member States to decide the qualifications required for the pursuit of professions in their territory as well as the contents and the organisation of their systems of education and professional training. Professional assDual vociations and organisations which are representative at national and Union level should be able to propose common training principles. It should take the form of a common test as a condition for acquiring a professional qualification, or training programmes based on a common set of knowledge, skills and competences. Qualifications obtained under such common training frameworks should automatically be recognised byal training systems are a key element for low youth unemployment because they are tailored to the requirements of the labour market. This ensures a smooth transition from training into working life. If common training frameworks for which a dual training system already exists in a Member State are therefore to be created in a regulated profession, then the common training frameworks should be based on this conceptual approach whilst retaining the standards that exist in the Member States concerned.
Amendment 161 #
Proposal for a directive
Recital 24
Recital 24
(24) In order to supplement or amend certain non-essential elements of Directive 2005/36/EC, 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 updating of Annex I, setting the criteria for the calculation of fees related to the European Professional Card, establishing the details of the documentation necessary for the European Professional Card, the adaptations of the list of activities set out in Annex IV, the adaptations of points 5.1.1 to 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 of Annex V, clarifying the knowledge and skills for medical doctors, nurses responsible for general care, dental practitioners, veterinary surgeons, midwives, pharmacists and architectsthe adaptations of the list of activities set out in Annex IV, adapting the minimum periods of training for specialist medical trainings and specialist dental training, the inclusion in point 5.1.3 of Annex V of new medical specialities, the amendments to the list set out in points 5.2.1, 5.3.1, 5.4.1, 5.5.1 and 5.6.1 of Annex V, inclusion in point 5.3.3 of Annex V of new dental specialities, specifying the conditions of application of common training frameworks, and specifying the conditions of application of common training tests. It is of particular importance that the Commission carries outensure the appropriate consultations during its preparatory work, including at expert of experts at European and national level. The Commission, when preparing and drawing-up delegated acts, should ensure a transparent, simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.
Amendment 167 #
Proposal for a directive
Recital 26
Recital 26
(26) The advisoryverification procedure should be used for the adoption of implementing acts in order to lay down common and uniform rules regarding the specification of European Professional Cards for specific professions, the format of the European Professional Card, the translations necessary to support an application for issuing a European Professional Card, details for the assessment of the applications for a European Professional Card, the technical specifications and the measures necessary to ensure integrity, confidentiality and accuracy of information contained in the European Professional Card and in the IMI file, the conditions and the procedures for making available a European Professional Card, the conditions of access to the IMI file, the technical means and the procedures for the verification of the authenticity and validity of a European Professional Card and the implementation of the alert mechanism, due to the technical nature of those implementing acts.
Amendment 172 #
Proposal for a directive
Recital 27
Recital 27
Amendment 174 #
Proposal for a directive
Recital 29 a (new)
Recital 29 a (new)
(29a) To the extent that they are regulated, this Directive also includes liberal professions, which are, according to this Directive, those practised on the basis of relevant professional qualifications in a personal, responsible and professionally independent capacity by those providing intellectual and conceptual services in the interest of the client and the public. The exercise of the profession might be subject in the Member States, in conformity with the Treaty, to specific legal constraints based on national legislation and on the statutory provisions laid down autonomously, within that framework, by the respective professional representative bodies, safeguarding and developing their professionalism and quality of service and the confidentiality of relations with the client.
Amendment 175 #
Proposal for a directive
Recital 29 b (new)
Recital 29 b (new)
(29b) This Directive is without prejudice to measures necessary to ensure a high level of health and consumer protection.
Amendment 177 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2005/36/EG
Article 1 – paragraph 2
Article 1 – paragraph 2
This Directive also establishes rules concerning partial access to acertain regulated profession and access to and recognition of remunerated traineeships pursued in another Member States.
Amendment 206 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a – point ii
Article 1 – paragraph 1 – point 3 – point a – point ii
Directive 2005/36/EC
Article 3 – paragraph 1 – point k
Article 3 – paragraph 1 – point k
(k) 'European Professional Card': an electronic certificate issued toat the request of the professional proving the recognition ofassociation to the professional documenting his qualifications either for establishment in a host Member State or that he has met all the necessary conditions to provide services in a host Member State on a temporary and occasional basis;
Amendment 209 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a – point ii
Article 1 – paragraph 1 – point 3 – point a – point ii
Directive 2005/36/EC
Article 1 – paragraph 1 – point l
Article 1 – paragraph 1 – point l
(l) 'lifelong learning': all general education, vocational education and training, and non- formal education and informal learning undertaken throughout life, resulting in an improvement in knowledge, skills and competences in terms of professional requirements and professional ethics.
Amendment 215 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a – point ii (new)
Article 1 – paragraph 1 – point 3 – point a – point ii (new)
Directive 2005/36/EC
Article 3 – paragraph 1 – point 1 a (new)
Article 3 – paragraph 1 – point 1 a (new)
la) ‘dual training’: the alternating provision of vocational skills in two learning contexts – the work environment and the vocational school – on the basis of coordinated educational and quality standards. The term ‘vocational skills’ is understood to mean the capacity and willingness to use knowledge, abilities and personal, social and methodological skills both in work situations and for the purpose of professional and personal development;
Amendment 217 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2005/36/EC
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The recognition of professional qualifications by the host Member State shall allow the beneficiary to gain access in that Member State to the same profession or, in the cases referred to in Article 4f, to part of the same profession, as that for which he is qualified in the home Member State and to pursue it in the host Member State under the same conditions as its nationals.
Amendment 220 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4 a – paragraph 1
Article 4 a – paragraph 1
1. Member States shall provide a holder of a professional qualification with a European Professional Card upon his request and on condition that the respective representative professional organisation has requested the issue of a professional card and the Commission has adopted the relevant implementing acts provided for in paragraph 6.
Amendment 224 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4 a – paragraph 2
Article 4 a – paragraph 2
2. Member States shall ensure that the holder of a European Professional Card benefits from all the rights conferred by Articles 4b to 4e, upon validation of the Card by the competent authority of the relevanhost Member State as provided for in paragraphs 3 and 4 of this Article.
Amendment 226 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4 a – paragraph 3
Article 4 a – paragraph 3
3. Where the holder of a qualification intends to provide services under Title II other than those covered by Article 7(4), the European Professional Card shall be created and validated by the competent authority of the home Member State in accordance with Articles 4b and 4c and validated by the competent authority of the host Member State in accordance with Articles 4b and 4d.
Amendment 228 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4 a – paragraph 5
Article 4 a – paragraph 5
5. Member States shall designate competent authorities for issuing European Professional Cards. Those authorities shall ensure an impartial, objective and timely processing of applications for European Professional Cards. The Assistance Centers referred to in Article 57b may also act in the capacity of a competent authority to issue a European Professional Card. Member States shall ensure that competent authorities inform citizens, including prospective applicants, on the advantages of a European Professional Card where it is available.
Amendment 232 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4 a – paragraph 6
Article 4 a – paragraph 6
6. TIf the representative professional organisations in over half of the Member States seek the introduction of a professional card for their profession, the Commission shall adopt implementing acts specifying European Professional Cards for specific professions, establishing the format of the European Professional Card, the translations necessary to support any application for issuing a European Professional Card and details for the assessment of applications, taking into account the particularities of each profession concerned. Those implementing acts shall be adopted in accordance with the advisoryverification procedure referred to in Article 58(2).
Amendment 241 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4 a – paragraph 7
Article 4 a – paragraph 7
7. Any fees which applicants may incur in relation to administrative procedures to issue a European Professional Card shall be reasonable, proportionate and commensurate with the costs incurred by the home and host Member States and shall not act as a disincentive to apply for a European Professional Card. The Commission shall be empowered to adopt delegated acts in accordance with Article 58a concerning the setting of criteria for the calculation and distribution of fees.
Amendment 249 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4 b – paragraph 1
Article 4 b – paragraph 1
1. The Member States shall provide that a holder of a professional qualification may apply for a European Professional Card by any means, including through an on-line tool,in written or electronic form in accordance with Article 57 with the competent authority of the home Member State.
Amendment 251 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4 b – paragraph 2
Article 4 b – paragraph 2
2. Applications shall be supported by the documentation required by Article 7(2) and Annex VII as appropriate. The Commission shall be empowered to adopt delegated acts in accordance with Article 58a concerning the establishment of the details of the documentationIn case of justified doubts, the host Member State may ask for the original documents to be forwarded.
Amendment 257 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
2005/36/EG
Article 4b – paragraph 4
Article 4b – paragraph 4
The Commission may adopt implementing acts specifying the technical specifications, the measures necessary to ensure integrity, confidentiality and accuracy of information contained in the European Professional Card and in the IMI file, the conditions and the procedures for making available a European Professional Card to its holder, including the possibility of downloading it or submitting updates for the file. Those implementing acts shall be adopted in accordance with the advisoryexamination procedure referred to in Article 58.
Amendment 262 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
2005/36/EG
Article 4c – paragraph 1
Article 4c – paragraph 1
1. The competent authority of the home Member State shall verify the application, create and valid and create a European Professional Card within twofour weeks from the date it receives athe complete application. It shall inform the applicant and the Member State in which the applicant envisages to provide services, of the validcreation of the European Professional Card. The transmission of the validcreation information to the host Member States concerned shall constitute the declaration provided for in Article 7. The host Member State may not require a further declaration under Article 7 for the following two years.
Amendment 273 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
2005/36/EG
Article 4c – paragraph 2
Article 4c – paragraph 2
2. The decision of the home Member State, or the absence of a decision within the period of twofour weeks referred to in paragraph 1, shall be subject to appeal under national law.
Amendment 281 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
2005/36/EG
Article 4d – paragraph 1
Article 4d – paragraph 1
1. Upon receipt of a complete application for a European Professional Card, the competent authority of the home Member State shall, within twofour weeks, verify and confirm the authenticity and validity of the submitted supporting documents, create the European Professional Card, transmit it for validation to the competent authority of the host Member State and inform that authority on the corresponding IMI file. The applicant shall be informed by the home Member State of the state of the procedure.
Amendment 286 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
2005/36/EG
Article 4d – paragraph 2
Article 4d – paragraph 2
2. In the cases referred to in Article 16, 21 and 49a, a host Member State shall decide on validation of a European Professional Card under paragraph 1 within one montheight weeks as from the date of receipt of the European Professional Card transmitted by the home Member State. In case of justified doubts, the host Member State may request additional information from the home Member State. That request shall not suspend the period of one montheight weeks.
Amendment 291 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
2005/36/EG
Article 4d – paragraph 3
Article 4d – paragraph 3
3. In the cases referred to in Articles 7(4) and 14, a host Member State shall decide on whether to recognise the holder's qualifications or to subject him to compensation measures within two month12 weeks from the date of receipt for validation of the European Professional Card transmitted by the home Member State. In case of justified doubts, the host Member State may request additional information from the home Member State. That request shall not suspend the period of two month12 weeks.
Amendment 298 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
2005/36/EG
Article 4d – paragraph 5
Article 4d – paragraph 5
Amendment 318 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
2005/36/EG
Article 4e – paragraph 2
Article 4e – paragraph 2
2. Access to the information in the IMI file shall be limited to the competent authorities of the home and the host Member State and the holder of the European Professional Card in accordance with Directive 95/46/EC of the European Parliament and of the Council(**).
Amendment 319 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
2005/36/EG
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, profession, evidence of formal qualifications (in accordance with Article 49a of this Directive), evidence of professional experience, applicable regime, competent authorities involved, card number, security features and reference to a valid proof of identity.
Amendment 324 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
2005/36/EG
Article 4e – paragraph 7 – subparagraph 2
Article 4e – paragraph 7 – subparagraph 2
The Commission shall adopt implementing acts specifying the conditions of access to the IMI file, the technical means and the procedures for the verification referred to in the first subparagraph. Those implementing acts shall be adopted in accordance with the advisoryexamination procedure referred to in Article 58.
Amendment 339 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
2005/36/EG
Article 4f – paragraph 1 – point b
Article 4f – paragraph 1 – point b
Amendment 340 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
2005/36/EG
Article 4f – paragraph 1 – point b
Article 4f – paragraph 1 – point b
Amendment 349 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
2005/36/EG
Article 4f – paragraph 2
Article 4f – paragraph 2
2. Partial access may be rejected if such rejection is justified by an overriding reason of general interest, such as public health, it would secure the attainment of the objective pursued and it would not go beyond what is strictly necessary. Partial access shall not apply to the healthcare professionals governed by Articles 24, 25, 34, 35 and 44, including cases covered by Article 10b.
Amendment 374 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point a
Article 1 – paragraph 1 – point 6 – point a
2005/36/EG
Article 5 –paragraph 1 – point b
Article 5 –paragraph 1 – point b
(b) where the service provider moves, if he has pursued that profession in one or several Member States other than the one in which the service is to be provided for at least two years during the last 10 years preceding the provision of services when the profession is not regulated in the Member State of establishment.
Amendment 381 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point a
Article 1 – paragraph 1 – point 6 – point a
2005/36/EG
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) where the service provider is accompanying the service recipient, provided that the serviceis not intended either directly or indirectly for recipient's habitual residence is in the service provider's Member State of establishmentin the state of service provision and the profession does not appear on the list referred to in Article 7(4).
Amendment 396 #
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point c
Article 1 – paragraph 1 – point 7 – point c
2005/36/EG
Article 7 – paragraph 4 – subparagraph 2
Article 7 – paragraph 4 – subparagraph 2
Amendment 401 #
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point c
Article 1 – paragraph 1 – point 7 – point c
2005/36/EG
Article 7 – paragraph 4 – subparagraph 4
Article 7 – paragraph 4 – subparagraph 4
Where there is a substantial difference between the professional qualifications of the service provider and the training required in the host Member State, to the extent that that difference is such as to be harmful to public health or safety, and that it cannot be compensated by professional experience or lifelong learning of the service provider, the host Member State shall give the service provider the opportunity to show, in particular by means of an aptitude test, that he has acquired the lacking knowledge or competence. In any case, it must be possible to provide the service within one month of a decision being taken in accordance with the third subparagraph.
Amendment 405 #
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point c
Article 1 – paragraph 1 – point 7 – point c
2005/36/EG
Article 7 – paragraph 4 – subparagraph 5
Article 7 – paragraph 4 – subparagraph 5
Amendment 409 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point a (new)
Article 1 – paragraph 1 – point 9 – point a (new)
Directive 2005/36/EC
Article 11 – paragraph 2 (new)
Article 11 – paragraph 2 (new)
Article 13 shall not apply to the health professions governed by Articles 24, 25, 34, 35 and 44.
Amendment 411 #
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 – subparagraph c – point ii
Article 11 – subparagraph c – point ii
(ii) regulated education and training oOr, in the case of a regulated professions, vocational training with a special structure, with competences going beyond what is provided for in level bincluded in Annex II, equivalent to the level of training provided for under point (i), if such trainingwhich provides a comparable professional standard and which prepares the trainee for a comparable level of responsibilities and functions provided the diploma is accompanied by a certificate from the home Member State;. 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 417 #
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Directive 2005/36/EC
Article 13 – paragraph 2
Article 13 – paragraph 2
Access to and pursuit of the profession referred to in paragraph 1 shall also be granted to applicants possessing an attestation of competence or evidence of formal qualifications referredwho have pursued the profession referred to in that paragraph on a full-time basis for two in Article 11 issued byyears during the previous 10 years in another Member State which does not regulate that profession, providing they possess one or more attestations of competence or documents providing evidence of formal qualifications.
Amendment 419 #
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
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 423 #
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 426 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 (new)
Article 1 – paragraph 1 – point 11 (new)
Directive 2005/36/EC
Article 13 – paragraph 4a (new)
Article 13 – paragraph 4a (new)
4a. Member States shall not be required, however, to accept evidence of formal qualifications in accordance with Annex V, point 5.6.2, in connection with the establishment of new public pharmacies. For the purposes of this paragraph, pharmacies which have been open for less than three years shall also be regarded as new pharmacies.
Amendment 427 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point a
Article 1 – paragraph 1 – point 12 – point a
Directive 2005/36/EC
Article 14
Article 14
Amendment 434 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point d
Article 1 – paragraph 1 – point 12 – point d
Directive 2005/36/EC
Article 14 – paragraph 5
Article 14 – paragraph 5
5. Paragraph 1 shall be applied with due regard to the principle of proportionality. In particular, if the host Member State intends to require the applicant to complete an adaptation period or take an aptitude test, it must first ascertain whether the professionally relevant knowledge, skills and competences acquired by the applicant in the course of his professional experience and through lifelong learning in any Member State or in a third country is of a nature to cover, in full or in part, the substantially different matters referred to in paragraph 4.
Amendment 442 #
Proposal for a directive
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Directive 2005/36/EC
Article 20
Article 20
The Commission shall be empowered to adopt delegated acts in accordance with Article 58a concerning the adaptations of the lists of activities set out in Annex IV which are the subject of recognition of professional experience pursuant to Article 16 with a view to updating or clarifying the nomenclature, provided that this does not involve anyinvolves neither a narrowing of the scope of the activities related to the individual categories nor the moving of individual activities from one list in Annex IV to another.
Amendment 443 #
Proposal for a directive
Article 1 – paragraph 1 – point 15Directive 2005/36/EC
Article 1 – paragraph 1 – point 15Directive 2005/36/EC
Article 21 – paragraph 7
(15) Paragraphs 4, 6 and 7 of Article 21 areis deleted.
Amendment 446 #
Proposal for a directive
Article 1 – paragraph 1 – point 16
Article 1 – paragraph 1 – point 16
Directive 2005/36/EC
Article 21a – paragraph 2
Article 21a – paragraph 2
Amendment 449 #
Proposal for a directive
Article 1 – paragraph 1 – point 16
Article 1 – paragraph 1 – point 16
Directive 2005/36/EC
Article 21a – paragraph 4
Article 21a – paragraph 4
4. Where the Commission considers that the notified acts referred to in paragraph 1 are not in compliance with this Directive, it shall adopt an implementing decision on that non-compliance, within six months of receiving all necessary information, in accordance with the procedure laid down in Article 58(2).
Amendment 450 #
Proposal for a directive
Article 1 – paragraph 1 – point 17
Article 1 – paragraph 1 – point 17
Directive 2005/36/EC
Article 22 – paragraph 2
Article 22 – paragraph 2
Amendment 458 #
Proposal for a directive
Article 1 – paragraph 1 – point 18 – point a
Article 1 – paragraph 1 – point 18 – point a
Directive 2005/36/EC
Article 24 – paragraph 2
Article 24 – paragraph 2
Basic medical training shall comprise a total of at least five years of study, which may also be expressed as an additional criterion with the equivalent ECTS credits, and shall consist of at least 5500 hours of theoretical and practical training provided by, or under the supervision of, a university.
Amendment 460 #
Proposal for a directive
Article 1 – paragraph 1 – point 18 – point b
Article 1 – paragraph 1 – point 18 – point b
Directive 2005/36/EC
Article 24 – paragraph 4
Article 24 – paragraph 4
Amendment 468 #
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 12at 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, for admission to a school of nursing. This provision shall be without prejudice to the right of Member States may lay down at national level a longer period of general education as a requirement for admission to training.
Amendment 487 #
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
Article 31 – paragraph 7
Amendment 499 #
Proposal for a directive
Article 1 – paragraph 1 – point 24 – point a
Article 1 – paragraph 1 – point 24 – point a
Directive 2005/36/EC
Article 34 – paragraph 2
Article 34 – paragraph 2
Basic dental training shall compriselast a total of at least five years and consist of at least 5000 hours of full-time theoretical and practical study, which may also be expressed as an additional criterion with the equivalent ECTS credits, comprising at least the programme described in Annex V, point 5.3.1 and given inat a university, in or at a higher institute providing training recogniszed as being of an equivalent level, or under the supervision of a university, covering at least the study programme referred to in Annex V, point 5.4.1.
Amendment 505 #
Proposal for a directive
Article 1 – paragraph 1 – point 24 – point b
Article 1 – paragraph 1 – point 24 – point b
Directive 2005/36/EC
Article 34 – paragraph 4
Article 34 – paragraph 4
Amendment 507 #
Proposal for a directive
Article 1 – paragraph 1 – point 25 – point a
Article 1 – paragraph 1 – point 25 – point a
Directive 2005/36/EC
Article 35 – paragraph 2
Article 35 – paragraph 2
Full-time specialist dental courses shall be of a minimum of three years' duration, which may also be expressed as an additional criterion with the equivalent ECTS credits, and shall be supervised by the competent authorities or bodies. It shall involve the personal participation of the dental practitioner training to be a specialist in the activity and in the responsibilities of the establishment concerned.
Amendment 511 #
Proposal for a directive
Article 1 – paragraph 1 – point 26 – point a
Article 1 – paragraph 1 – point 26 – point a
Directive 2005/36/EC
Article 38 – paragraph 1 – subparagraph 1
Article 38 – paragraph 1 – subparagraph 1
The training of veterinary surgeons shall comprise a total of at least five years of full-time theoretical and practical study, which may also be expressed as an additional criterion with the equivalent ECTS credits, at a university or at a higher institute providing training recognized as being of an equivalent level, or under the supervision of a university, covering at least the study programme referred to in Annex V, point 5.4.1.
Amendment 514 #
Proposal for a directive
Article 1 – paragraph 1 – point 26 – point b
Article 1 – paragraph 1 – point 26 – point b
Directive 2005/36/EC
Article 38 – paragraph 4
Article 38 – paragraph 4
Amendment 531 #
Proposal for a directive
Article 1 – paragraph 1 – point 30 – point a
Article 1 – paragraph 1 – point 30 – point a
Directive 2005/36/EC
Article 44 – paragraph 2
Article 44 – paragraph 2
Evidence of formal qualifications as a pharmacist shall attest to training of at least five years' duration, which may also be expressed as an additional criterion with the equivalent ECTS credits, including at least:
Amendment 534 #
Proposal for a directive
Article 1 – paragraph 1 – point 30 – point b
Article 1 – paragraph 1 – point 30 – point b
Directive 2005/36/EC
Article 44
Article 44
Amendment 537 #
Proposal for a directive
Article 1 – paragraph 1 – point 32
Article 1 – paragraph 1 – point 32
Directive 2005/36/EC
Article 46 – paragraph 1
Article 46 – paragraph 1
1. The duration of the training as an architect must be at least six years which may also be expressed with the equivalent ECTS credits. The training in a Member State shall comprise any of the following:
Amendment 541 #
Proposal for a directive
Article 1 – paragraph 1 – point 32
Article 1 – paragraph 1 – point 32
Directive 2005/36/EC
Article 46 – point 1 – point a
Article 46 – point 1 – point a
(a) at least four years of full-time study (which may also be expressed as an additional criterion with the equivalent ECTS credits) at a university or comparable teaching institution leading to successful completion of a university-level examination and at least two years of remunerated traineeshipconferring a formal qualification and at least two years of traineeship involving practical training conferring a professional qualification;
Amendment 547 #
Proposal for a directive
Article 1 – paragraph 1 – point 32
Article 1 – paragraph 1 – point 32
Directive 2005/36/EC
Article 46 – paragraph 1 – point b
Article 46 – paragraph 1 – point b
(b) at least five years of full-time study (which may also be expressed as an additional criterion with the equivalent ECTS credits) at a university or comparable teaching institution leading to successful completion of a university-level examination and at least one year of remunerated traineeship.conferring a formal qualification and at least one year of traineeship involving practical training conferring a professional qualification;
Amendment 554 #
Proposal for a directive
Article 1 – paragraph 1 – point 32
Article 1 – paragraph 1 – point 32
Directive 2005/36/EC
Article 46 – paragraph 3
Article 46 – paragraph 3
3. The remunerated traineeship must be carried out in a Member State, under the supervision of a person providing adequate guarantees regarding their ability to provide practical training. It must be undertaken after the completion of the study referred to in paragraph 1n architect or a person or body approved for that purpose by a competent authority which has adequately checked their ability to provide practical training. The completion of the remunerated traineeship must be attested to in a certificate issued by a competent authority and accompanying the official evidence of formal qualifications.
Amendment 566 #
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 b
Article 49 a – paragraph 2 – point b
(b) the profession concerned is already regulated in at least one thirdhalf of all Member States;
Amendment 570 #
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; . If the profession in question is already regulated in a Member State by means of a dual training system within the meaning of Article 3(1)(la), the common training framework shall provide for training under a dual system whilst maintaining current standards;
Amendment 572 #
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 d
Article 49 a – paragraph 2 – point d
(d) the knowledge, skills and competences for such common training framework shall refer to the levels of the European Qualifications Framework, as dequalifications specifined in Annex II of the Recommendation of the European Parliament and of the Council on the establishment of the European Qualifications Framework for lifelong learningrticle 11 of this Directive (*);
Amendment 575 #
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 e
Article 49 a – paragraph 2 – point e
(e) the profession concerned is neither covered by another common training framework nor regulated already under Chapter III of Title III; of Title III, Chapter III of Title III or Article 10, point b.
Amendment 580 #
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 g
Article 49 a – paragraph 2 – point g
(g) the common training framework permits nationals from any Member State to be eligible for acquiring the qualification under such framework without first being required to be a member of any professional organisation or to be registered with such organisation.
Amendment 582 #
Proposal for a directive
Article 1 – paragraph 1 – point 35
Article 1 – paragraph 1 – point 35
Directive 2005/36/EC
Article 49 a – paragraph 3
Article 49 a – paragraph 3
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 58a specifying the common set of knowledge, skills and competences as well as the qualifications on the common training framework. The degree of detail shall not exceed that of the minimum training requirements laid down in Chapter III of Title III.
Amendment 584 #
Proposal for a directive
Article 1 – paragraph 1 – point 35
Article 1 – paragraph 1 – point 35
Directive 2005/36/EC
Article 49 a – paragraph 4
Article 49 a – paragraph 4
Amendment 585 #
Proposal for a directive
Article 1 – paragraph 1 – point 35
Article 1 – paragraph 1 – point 35
Directive 2005/36/EC
Article 49 a – paragraph 5
Article 49 a – paragraph 5
5. A Member State may request a derogation from the application ofdeclare within six months following the entry into force of the delegated act referred to in paragraph 3 that the common training framework referred to in paragraph 3 is not applicable on its territory if it wereould otherwise be compelled to introduce a new regulated profession in its territory, if it werould be required to amend existing fundamental domestic principles relating to the structure of professions as regards training and the conditions of access to such professions or if the Member State does not wish to relate its national qualifications system to the qualifications set out in that common training framework. The Commission may adopt an implementing decision, in order to grant such derogation to the Member States concerned.
Amendment 586 #
Proposal for a directive
Article 1 – paragraph 1 – point 35
Article 1 – paragraph 1 – point 35
Directive 2005/36/EC
Article 49 b
Article 49 b
Amendment 587 #
Proposal for a directive
Article 1 – paragraph 1 – point 35
Article 1 – paragraph 1 – point 35
Directive 2005/36/EC
Article 49 b – title
Article 49 b – title
Amendment 588 #
Proposal for a directive
Article 1 – paragraph 1 – point 35
Article 1 – paragraph 1 – point 35
Directive 2005/36/EC
Article 49 b – paragraph 1
Article 49 b – paragraph 1
Amendment 589 #
Proposal for a directive
Article 1 – paragraph 1 – point 35
Article 1 – paragraph 1 – point 35
Directive 2005/36/EC
Article 49 b – paragraph 2
Article 49 b – paragraph 2
Amendment 592 #
Proposal for a directive
Article 1 – paragraph 1 – point 35
Article 1 – paragraph 1 – point 35
Directive 2005/36/EC
Article 49 b – paragraph 3
Article 49 b – paragraph 3
Amendment 626 #
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 634 #
Proposal for a directive
Article 1 – paragraph 1 – point 39
Article 1 – paragraph 1 – point 39
Directive 2005/36/EC
Article 55 a – paragraph 1
Article 55 a – paragraph 1
Amendment 659 #
Proposal for a directive
Article 1 – paragraph 1 – point 42
Article 1 – paragraph 1 – point 42
Directive 2005/36/EC
Article 56 a – paragraph 1 – subparagraph 2
Article 56 a – paragraph 1 – subparagraph 2
The information referred to in the first subparagraph shall be sent immediately, and in any event at the latest within three day48 hours from the date of legally binding adoption of the decision prohibiting the professional concerned from exercising a professional activity.
Amendment 668 #
Proposal for a directive
Article 1 – paragraph 1 – point 42
Article 1 – paragraph 1 – point 42
Directive 2005/36/EC
Article 56 a – paragraph 5
Article 56 a – paragraph 5
5. The Commission shall adopt implementing acts for the application of the alert mechanism. The implementing act shall include provisions on the competent authorities entitled to sending and/or receiving alerts, on complementing the alerts with additional information, on the withdrawal and closure of alerts, on rights of access to data, and ways of correcting the information contained in the alerts, and measures to ensure the security of processing and retention periods. Those implementing acts shall be adopted in accordance with the advisoryexamination procedure referred to in Article 58.
Amendment 671 #
Proposal for a directive
Article 1 – paragraph 1 – point 43
Article 1 – paragraph 1 – point 43
Directive 2005/36/EC
Article 57 – paragraph 1
Article 57 – paragraph 1
1. Member States shall ensure that the following information is available online and regularly updated through the points of single contactcompetent authorities or bodies:
Amendment 674 #
Proposal for a directive
Article 1 – paragraph 1 – point 43
Article 1 – paragraph 1 – point 43
Directive 2005/36/EC
Article 57 – paragraph 1 – point a
Article 57 – paragraph 1 – point a
a) a list of all regulated professions within the meaning of Article 3(1)(a) in the Member State including contact details of the competent authorities for each regulated profession and the assistance centre and contact points referred to in Article 57b;
Amendment 677 #
Proposal for a directive
Article 1 – paragraph 1 – point 43
Article 1 – paragraph 1 – point 43
Directive 2005/36/EC
Article 57 – paragraph 3
Article 57 – paragraph 3
3. Member States shall ensure that the points of single contact and the competent authorities respond as quickly as possible to any request for information addressed to the point of single contactany request for information is dealt with as quickly as possible. To this end, they may also refer such request for information to the assistance centers and contact points mentioned in Article 57b and inform the citizen concerned.
Amendment 680 #
Proposal for a directive
Article 1 – paragraph 1 – point 43
Article 1 – paragraph 1 – point 43
Directive 2005/36/EC
Article 57 – paragraph 4
Article 57 – paragraph 4
4. Member States and the Commission shall take accompanying measures in order to ensure that points of single contact make the information provided for in paragraph 1 available in other official languages of the Union. This shall not affect the legislation of Member States on the use of languages in their territory.
Amendment 684 #
Proposal for a directive
Article 1 – paragraph 1 – point 44
Article 1 – paragraph 1 – point 44
Directive 2005/36/EC
Article 57 a – paragraph 1
Article 57 a – paragraph 1
1. Member States shall ensure that all requirements, procedures and formalities relating to matters covered by this Directive may be easily completed, at a distance and by electronic means, through the relevant point of single contact.
Amendment 686 #
Proposal for a directive
Article 1 – paragraph 1 – point 44
Article 1 – paragraph 1 – point 44
Directive 2005/36/EC
Article 57 a – paragraph 4
Article 57 a – paragraph 4
4. AIf activities covered by Directive 2006/123/EC are affected, all procedures shall be carried out in accordance with the provisions of Directive 2006/123/EC relating to the points of single contact. Any time limits for Member States to be complied with procedures or formalities set out in this Directive shall commence at the point when an complete application has been submitted by a citizen to a point of single contact.
Amendment 691 #
Proposal for a directive
Article 1 – paragraph 1 – point 45
Article 1 – paragraph 1 – point 45
Directive 2005/36/EC
Article 57 b – title
Article 57 b – title
Assistance centres and points of contact
Amendment 692 #
Proposal for a directive
Article 1 – paragraph 1 – point 45
Article 1 – paragraph 1 – point 45
Directive 2005/36/EC
Article 57 b – paragraph 1
Article 57 b – paragraph 1
1. Each Member State shall designate, no later than [insert date – transposition deadline] an assistance centre and/or national contact points whose remit shall be to provide citizens and centreontact points of the other Member States with assistance concerning the recognition of professional qualifications provided for in this Directive, including information on the national legislation governing the professions and the pursuit of those professions, social legislation, and, where appropriate, the rules of ethics.
Amendment 694 #
Proposal for a directive
Article 1 – paragraph 1 – point 45
Article 1 – paragraph 1 – point 45
Directive 2005/36/EC
Article 57 b – paragraph 2
Article 57 b – paragraph 2
2. The assistance centres or national contact points in host Member States shall assist citizens in exercising the rights conferred on them by this Directive, in cooperation, where appropriate, with the assistance centre or national contact points in the home Member State and the competent authorities and the points of single contact in the host Member State.
Amendment 695 #
Proposal for a directive
Article 1 – paragraph 1 – point 45
Article 1 – paragraph 1 – point 45
Directive 2005/36/EC
Article 57 b – paragraph 3
Article 57 b – paragraph 3
3. Any competent authority in the host Member State shall be required to fully cooperate with an assistance centre or the national contact points in the host Member State and provide information about individual cases to such assistance centres in the host Member Statesthem upon their request.
Amendment 696 #
Proposal for a directive
Article 1 – paragraph 1 – point 45
Article 1 – paragraph 1 – point 45
Directive 2005/36/EC
Article 57 b – paragraph 4
Article 57 b – paragraph 4
4. At the Commission’s request, the assistance centres or national contact points shall inform the Commission concerning enquiries with which the Commission is dealing within two months after receiving such a request.
Amendment 705 #
Proposal for a directive
Article 1 – paragraph 1 – point 46 (new)
Article 1 – paragraph 1 – point 46 (new)
Directive 2005/36/EC
Article 58 – paragraph 1 a (new)
Article 58 – paragraph 1 a (new)
1a. The Commission shall ensure that experts from the professional groups concerned are consulted in an appropriate manner, in particular in the context of the work of the committee referred to in Article 58, and shall provide that committee with a reasoned report on those consultations.
Amendment 706 #
Proposal for a directive
Article 1 – paragraph 1 – point 46
Article 1 – paragraph 1 – point 46
Directive 2005/36/EC
Article 58 – paragraph 2
Article 58 – paragraph 2
2. Where reference is made to this paragraph, Article 45 of Regulation (EU) No 182/2011 shall apply.
Amendment 709 #
Proposal for a directive
Article 1 – paragraph 1 – point 47
Article 1 – paragraph 1 – point 47
Directive 2005/36/EC
Article 58 a – paragraph 2
Article 58 a – paragraph 2
2. The power to adopt delegated acts referred to in Articles 3(2), 4a(7), 4b(2), 20, 21a(3), 24(4), 25(5), 26(2), 31(2), 31(7), 34(2), 34(44(2), 35(4), 38(1), 38(4), 40(1), 40(4), 44(2), 44(4), 46(4), 49a(34(2), 46(4) and 49ba(3) shall be conferred on the Commission for an indeterminate period of time from [insert the date - date of entry into force of the amending Directive].
Amendment 711 #
Proposal for a directive
Article 1 – paragraph 1 – point 47
Article 1 – paragraph 1 – point 47
Directive 2005/36/EC
Article 58 a – paragraph 3
Article 58 a – paragraph 3
3. The delegation of power referred to in Articles 3(2), 4a(7), 4b(2), 20, 21a(3), 24(4), 25(5), 26(2), 31(2), 31(7), 34(2), 34(44(2), 35(4), 38(1), 38(4), 40(1), 40(4), 44(2), 44(4), 46(4), 49a(34(2), 46(4) and 49ba(3) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 712 #
Proposal for a directive
Article 1 – paragraph 1 – point 48
Article 1 – paragraph 1 – point 48
Amendment 713 #
Proposal for a directive
Article 1 – paragraph 1 – point 48 a (new)
Article 1 – paragraph 1 – point 48 a (new)
Directive 2005/36/EC
Article 60 – paragraph 1 (new)
Article 60 – paragraph 1 (new)
(48a) Article 60(1) is replaced by the following: (1) As from [insert date – transposition deadline] the Member States shall forward to the Commission every two years a report on the application of this Directive which includes a list of the professions currently regulated under their national law. The Commission shall set up and maintain a publicly available database for such information.