15 Amendments of Jeroen LENAERS related to 2016/0402(COD)
Amendment 25 #
Proposal for a directive
Recital 12
Recital 12
(12) The main purpose of the European services e-card, which is designed to be voluntary, is to introduce a uniform and simplified procedure for service providers wishing to expand provision of services across internal market borders. The e-card represents an electronic certificate stating that a service provider is legally established in a Member State (the home Member State). Host Member States where a service provider is interested in expanding to should furthermore not apply, to holders of an e-card, their prior authorisation or notifications schemes put in place under national law to control access to or exercice of service activities, which is already the object of control before issue of a European services e- card.
Amendment 64 #
Proposal for a directive
Recital 42
Recital 42
(42) A European services e-card should be valid for an indefinite period in time24 months, without prejudice to, in relation to temporary cross-border services, the effects of case-by-case derogations in accordance with Directive 2006/123/EC.
Amendment 65 #
Proposal for a directive
Recital 43
Recital 43
(43) A European services e-card should however be suspended by the issuing coordinating authority if, temporarily, the service provider is banned from providing the services in question. The suspension should last as long as the ban is in place. Similarly, cases of fraudulent, inaccurate or falsified information or documents used in the context of issuing a European services e-card should impact the validity of the e- card. In order to prevent the existence of inaccurate or fraudulent information, the service provider should be obliged to update the information on the card regularly. Providing incorrect or false information on the e-card should be subject to a penalty established by the Member States.
Amendment 78 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. A host Member State shall notmay impose any prior authorisation scheme, prior notification scheme or an establishment requirement on the holder of a previously issued European services e- card for temporary cross-border provision of services as a condition for such provision of services in its territory.
Amendment 82 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. A host Member State shall notmay impose any prior authorisation scheme or prior notification scheme on the holder of a previously issued European services e-card for establishment as a condition for establishment in its territory through a branch, agency or office located in its territory.
Amendment 85 #
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
Amendment 89 #
Proposal for a directive
Article 5 – paragraph 4 – point v a (new)
Article 5 – paragraph 4 – point v a (new)
(va) any requirements regarding measures relating to posted workers in accordance with Article 9 of Directive 2014/67/EU.
Amendment 103 #
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1
Article 7 – paragraph 2 – subparagraph 1
A European services e-card shall be valid for an indefinite duration24 months, unless suspended, revoked or cancelled, in accordance with Articles 15 to 17.
Amendment 139 #
Proposal for a directive
Article 12 – paragraph 3 – subparagraph 1
Article 12 – paragraph 3 – subparagraph 1
If the host Member State does not object in accordance with paragraph 1, the coordinating authority of the home Member State shall issue the European services e-card without delay upon expiration of the extended time-limit resulting from the application of paragraph 2. In the absence of any objection under the second subparagraph of paragraph 1 and failing a decision by the coordinating authority of the home Member State upon expiration of the extended time-limit resulting from the application of paragraph 2, the European services e- card shall be deemed to have been issued by the home Member State in the terms communicated to the host Member State in accordance with Article 11(2).
Amendment 150 #
Proposal for a directive
Article 13 – paragraph 1 – subparagraph 2
Article 13 – paragraph 1 – subparagraph 2
Amendment 168 #
Proposal for a directive
Article 13 – paragraph 6
Article 13 – paragraph 6
Amendment 174 #
Proposal for a directive
Article 13 – paragraph 7
Article 13 – paragraph 7
7. The Commission shall be empowered to adopt delegated acts in accordance with Article 18 in order to specify the procedure for the coordinating authority of the host Member State to request clarifications or additional information from the home Member State as referred to in paragraph 5, and to modify if necessary the time-limits mentioned in paragraphs 1 and 4.
Amendment 185 #
Proposal for a directive
Article 16 – paragraph 3 – introductory part
Article 16 – paragraph 3 – introductory part
3. Member States shall ensure that coordinating authorities who issued a European services e-card revoke, by electronic means, through the IMI system, all European services e-cards issued for the same provider and service activities in case that provider:
Amendment 190 #
Proposal for a directive
Article 17 – paragraph 6
Article 17 – paragraph 6
6. The holder of a European services e-card may, by electronic means, request the cancellation of its previously issuedthe European services e-card to the issuing coordinating authority at any time.
Amendment 193 #
Proposal for a directive
Article 17 – paragraph 7 – subparagraph 2 a (new)
Article 17 – paragraph 7 – subparagraph 2 a (new)
Member States may impose a penalty on a service provider that provides information that proves to be incorrect or false upon inspection.