10 Amendments of Bas EICKHOUT related to 2016/0404(COD)
Amendment 22 #
Proposal for a directive
Recital 9
Recital 9
(9) The burden of proof of justification and proportionality lies on the Member States. The reasons for regulation invoked by a Member State by way of justification should thus be accompanied by an analysis of the appropriateness and proportionality of the measure adopted by that State and by specific evidence substantiating its arguments. This should not prevent Member States from taking immediate measures in the field of health care which they consider necessary to protect public health.
Amendment 35 #
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12 a) This Directive should seek to strike a balance between securing public interest objectives and quality of services on the one hand, and improving access to, and exercise of, regulated professions, which is in the interests of the professionals themselves, on the other.It is clear from settled case law of the Court of Justice that when one Member State imposes less strict rules than another Member State, this does not necessarily mean that the latter Member State's rules are disproportionate.
Amendment 52 #
Proposal for a directive
Recital 20 a (new)
Recital 20 a (new)
(20 a) According to Article 168(1) TFEU) a high level of human health protection shall be ensured in the definition and implementation of all Union policies and activities.This also implies that a high level of human health protection is to be ensured when the Union adopts acts under other Treaty provisions.
Amendment 54 #
Proposal for a directive
Recital 20 b (new)
Recital 20 b (new)
(20 b) This Directive should respect Member States' competence to regulate professions in the field of health care based on Article 168(7) TFEU as well as Member States' intention to provide and guarantee a high level of health care and patient safety.For this purpose, Member States should be able to decide on the degree of importance of economic considerations in relation to the other relevant proportionality criteria.
Amendment 63 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
This Directive lays down rules on a common framework for conducting proportionality assessments before introducing new legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, or amending existing ones, with a view to ensuring the proper functioning of the internal market. It does not affect Member States' competence to decide whether and how, in accordance with the principles of non-discrimination and proportionality, to regulate a profession.
Amendment 76 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that before introducing new legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, or amending existing ones, the relevant competent authorities undertake an assessment of their proportionality in accordance with the rules laid down in this Directive, taking full account of the specific nature of each profession.
Amendment 95 #
Proposal for a directive
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. When assessing the necessity and the proportionality of the provisions, the competent authorities shall apply the criteria listed in this paragraph having regard to the particular circumstances of the profession concerned, the nature of the provision and the pursued public interest objective. The relevance of any individual criterion may therefore depend upon the importance of the pursued public interest objectives. The relevant competent authorities shall consider in particular:
Amendment 100 #
Proposal for a directive
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) the nature of the risks related to the public interest objectives pursued, in particular the risks to consumers, topatients, professionals or third parties;
Amendment 114 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
Member States shall, by appropriate means, inform citizens, service recipients, representative associations and relevant stakeholders other than the members of the profess and in addition to members of the profession, inform all relevant stakeholders including citizens, service recipients and representative associations before introducproposing new legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, or amending existing ones, and givegiving them the opportunity to make known their views which shall then be given due consideration. This process may take place, for example, by means of a public consultation whose results inform the content of the adopted provisions.
Amendment 121 #
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The reasons for considering that provisions, assessed in accordance with this Directive, are justified, necessary and proportionate, and which are communicated to the Commission pursuant to paragraphs 5 and 6 of Article 59 of Directive 2005/36/EC, shall be recorded expeditiously by the relevant competent authorities in the database of regulated professions, referred to in Article 59 paragraph 1 of Directive 2005/36/EC and thereafter made publicly available as soon as possible by the Commission.