6 Amendments of Lara COMI related to 2011/0435(COD)
Amendment 255 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4 b – paragraph 3
Article 4 b – paragraph 3
3. The competent authority of the home Member State shall acknowledge receipt of the application and inform the applicant of any missing document without delay from submiss, without delay from submission of the application, of any missing documents, which should be produced within a reasonable periond of thime applicationnd in accordance with all specified requirements. It shall create a file of the application containing all supporting documents within the Internal Market Information System (IMI) established by Regulation (EU) No […] of the European Parliament and of the Council(*). In case of subsequent applications by the same applicant, the competent authorities of the home or the host Member State may not request the re- submission of documents which are already contained in the IMI file and which are still valid.
Amendment 309 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4 d – paragraph 5
Article 4 d – paragraph 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 montha reasonable period from the date of 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 for a maximum period of two months and to constitute recognition of the professional qualification to the regulated profession concerned in the host Member State.
Amendment 382 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point a
Article 1 – paragraph 1 – point 6 – point a
Directive 2005/36/EC
Article 5 – paragraph 1 – subparagraph 2 – point b
Article 5 – paragraph 1 – subparagraph 2 – point b
b) the service provider is accompanying the service recipient, provided that the service recipient'’s habitual residence is in the service provider'’s Member State of establishment and the profession does not appear on the list referred to in Article 7(4), except in the case of services provided by tourist guides.
Amendment 403 #
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point c
Article 1 – paragraph 1 – point 7 – point c
Directive 2005/36/EC
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, to adversely affect consumers’ rights or to be incompatible with overriding requirements in the public interest, 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 600 #
Proposal for a directive
Article 1 – paragraph 1 – point 38
Article 1 – paragraph 1 – point 38
Directive 2005/36/CE
Article 53 – paragraph 2
Article 53 – paragraph 2
A Member State shall ensure that any controls of the knowledgehecking of a language areknowledge is carried out by a competent authority after the decisions referred to in Articles 4d, 7(4) and 51(3) have been taken and if there is a serious and concrete doubt about the professional'’s sufficient language knowledge in respect of the professional activities this person intends to pursue.
Amendment 617 #
Proposal for a directive
Article 1 – paragraph 1 – point 38
Article 1 – paragraph 1 – point 38
Directive 2005/36/CE
Article 53 – paragraph 2 – subparagraph 3
Article 53 – paragraph 2 – subparagraph 3
Any controls and language controlhecking shall be limited to the knowledge of one of the official languages of the Member State according to the choice of the person concerned, it and shall be proportionate to the activity to be pursued and free of charge for the professional. The person concerned shall be allowed to appeal such controls before national courts.