12 Amendments of Jeroen LENAERS related to 2016/0403(COD)
Amendment 19 #
Proposal for a regulation
Recital 3
Recital 3
(3) Directive 2006/123/EC requires Member States to put in place and keep constantly updated Points of Single Contacts where a service provider wishing to establish or to provide services can find all relevant information about requirements to be complied with and e-procedures in respect of all formalities, authorisations and notifications to go through. The Points of Single Contacts need to be upgraded in line with the proposal for a Regulation of the European Parliament and of the Council on establishing a single digital gateway to provide information, procedures, assistance and problem solving services and amending Regulation (EU) No 1024/20121a. However, costly information challenges and difficulties complying with national procedures at a distance remain to date for service providers, namely for sector-related requirements. Cooperation between the administrations of different Member States should in principle take place via the Internal Market Information System (IMI), an IT-platform offered for cross-border exchange of information and mutual assistance between authorities in different Member States under that Directive. Despite the fact that authorities sometimes have doubts with regard to the legal establishment of a provider in another Member State, the possibilities for cooperation currently provided in IMI are not exploited to their full potential.
Amendment 21 #
Proposal for a regulation
Recital 4
Recital 4
(4) Requirements remain in place which can make expansion of service providers' operations across the internal market burdensome and unappealing, such as multiple and disparate authorisation schemes before different authorities and, which, regarding establishment, fail to achieve mutual recognition of conditions previously complied with in other Member States or, regarding temporary cross-border provision of services sometimes apply disproportionate or unjustified restrictions. As a consequence, in some cases service providers may face multiple and disproportionate compliance costs when going cross-border.
Amendment 24 #
Proposal for a regulation
Recital 8
Recital 8
(8) This Regulation aims to facilitate the freedom of establishment and the free movement of services within the single market in certain areas already covered by Directive 2006/123/EC through the adoption of further measures on approximation of provisions which have as their object the establishment and functioning of the internal market. It should be based on Article 114 of the TFUEU.
Amendment 25 #
Proposal for a regulation
Recital 10
Recital 10
(10) In so doing, this Regulation specifically targets business and construction service sectors included in scope of Directive …[ESC Directive]… which face some of the most stringent regulatory and administrative barriers to cross-border expansion and consequently have an unexploited potential for internal market integration.
Amendment 28 #
Proposal for a regulation
Recital 14
Recital 14
(14) The European services e-card should be fully electronic, rely almost exclusively on datavalid and authentic data verified by the home and host Member States and provided by reliable sources, limit the use of documents to the minimum necessary and allow for multilingual processing to avoid translation costs. In order to make the procedure fully electronic and allow for administrative cooperation between home and host Member States. The Internal Market Information system set up by Regulation (EU) No 1024/2012 of the European Parliament and of the Council22 should be used under this Regulation. A specific electronic platform should be developed for the purpose of issuing, updating, suspending, revoking or cancelling European services e-cards, as well as to make valid European services e- cards electronically available to their holders and to competent authorities. __________________ 22 Regulation (EU) No 1024/2012 of the European Parliament and of the Council of 25 October 2012 on administrative cooperation through the Internal Market Information System and repealing Commission Decision 2008/49/EC ( ‘the IMI Regulation’ ) (OJ L 316, 14.11.2012, p. 1)
Amendment 35 #
Proposal for a regulation
Recital 18
Recital 18
(18) Description of the terms of coverage of a mandatory or voluntary insurance included in written contracts might be difficult to find. Insurance distributers, as well as bodies appointed by a Member State to provide compulsory insurance, should therefore provide a description of the core elements of coverage to their client in the format of an insurance certificate. This certificate should be annexed to the application form. In order to ensure uniform implementation of this part of the Regulation, implementing powers should be conferred on the Commission to adopt a harmonised format for the certificates. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council.
Amendment 42 #
Proposal for a regulation
Recital 25
Recital 25
(25) Procedures for issuing, updating, suspending or revoking a European services e-card should make use of documents only in exceptional circumstances, when more detailed information is absolutely essential. In any case, all of such documents should be used and accepted in simple form.
Amendment 43 #
Proposal for a regulation
Recital 30
Recital 30
(30) Service providers obliged to acquire professional liability insurance in Member States where they have not been active often have difficulty demonstrating their claims history regarding cover obtained elsewhere. Claims histories are an essential element to insurance distributers in ascertaining and assessing the risk profile of a potential client. Demonstration is difficult due to poor communication between insurance distributers across internal market borders but also to disparities in describing the track-record of an insured party, even within the same Member State. Insurance distributers and bodies appointed by a Member State to provide compulsory insurance cover should therefore be obliged to issue a statement relating to the third party liability claims which can then be used across borders and even domestically, should a service provider change insurance distributer.
Amendment 45 #
Proposal for a regulation
Recital 31
Recital 31
Amendment 70 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
Amendment 90 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
Amendment 97 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Coordinating authorities and competent authorities in different Member States shall exchange information and give each other mutual assistance in the context of a procedure to issue suspend, revoke or cancel a European services e-card as well as in the update of the information contained therein. ThisClear guidelines shall be adopted concerning the annual updating of the information contained in the European services e-card. These obligations shall also apply in the context of formalities in accordance with Articles 6 (1) and 7 for secondment of staff and movement of self- employed, in relation to competent authorities as defined in point (ii) of Article 3(19).