31 Amendments of Sabine VERHEYEN related to 2011/0435(COD)
Amendment 118 #
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 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 152 #
Proposal for a directive
Recital 21
Recital 21
(21) Directive 2005/36/EC provides for a system of national contact points. Due to the entry into force of Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market24, and the establishment of points of single contact under that Directive, there is a risk of overlap. Therefore, the national contact points established by Directive 2005/36/EC, for example, should become assistance centres which should focus their activities on providing advice to citizens, including face to face advice, in order to ensure that daily application of internal market rules in individual cases of citizens is followed up at national level.
Amendment 160 #
Proposal for a directive
Recital 23
Recital 23
(23) One of the major difficulties a citizen who is interested to work in another Member State is facing, is complexity and uncertainty of administrative procedures to comply with. Directive 2006/123/EC already obliges Member States to provide easy access to information and procedure completion through the points of single contact. Citizens seeking recognition of their qualifications under Directive 2005/36/EC can already use the points of single contact if they are covered by Directive 2006/123/EC. However, job seekers and health professionals are not covered by Directive 2006/123/EC and available information remains scarce. There is therefore a need to specify that information, from a user perspective, and to ensure that such information is easily available. It is also important that Member States not only take responsibility at national level but also cooperate with each other and the Commission to ensure that professionals throughout the Union have an easy access to a user-friendly and multilingual information and to procedure completionthe easiest possible procedure completion – e.g. within the scope of Directive 2005/36/EC – through the points of single contact. Links should be made available through other websites, such as the Your Europe portal.
Amendment 289 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
2005/36/EG
Article 4 d – paragraph 2
Article 4 d – paragraph 2
2. The host Member State shall acknowledge receipt of an application for validation of the European Professional Card within a period of five days. 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 monthfive 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 month.
Amendment 296 #
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 months eight 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 months.
Amendment 308 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
5. Where the host Member State fails to take a decision within the time limits set out in the paragraphs 2 and 3 or to request additional information within one month from the date offollowing receipt of the European Professional Card by the home Member State, the European Professional Card shall be deemed to be validated by the host Member State and to constitute recognition of the professional qualification to the regulated profession concerned in the host Member State. Where the host state requests additional information, this shall suspend the time limit for no more than four weeks.
Amendment 311 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 (new)
Article 1 – paragraph 1 – point 5 (new)
2005/36/EG
Article 4d – paragraph 5 (new)
Article 4d – paragraph 5 (new)
5 a. The provisions of the first sentence of Article 4d(5) shall not apply to professions with patient safety implications.
Amendment 360 #
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 shall not be granted to healthcare professions with patient safety implications. 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.
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 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 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 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 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 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 673 #
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 competent authorities or points of single contact:
Amendment 678 #
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 requests for information addressed to the points of single contact and the competent authorities arespond dealt with as quickly as possible to any request for information addressed to the point of single contact. To this end, they may also refer such request for information to the assistance centers mentioned in Article 57b and inform the citizen concerned.
Amendment 682 #
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 is made 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 685 #
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, if they fall within the scope of Directive 2005/36/EC.
Amendment 689 #
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. All relevant 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 application has been submitted by a citizen to a point of single contact.