25 Amendments of Lara COMI related to 2016/0398(COD)
Amendment 38 #
Proposal for a directive
Recital 7
Recital 7
(7) The notification obligation established by this Directive should apply to regulatory measures of Member States, such as laws, regulations, and administrative provisions of general nature or any other binding r. The notification obligation shouled of general nature, including rules adopted by professional organisations to regulate in a collective manner access to service activities or the exercise thereof. The notification obligation should on the other hand not apply to individual decisions issued by national authoritn the other hand not apply to individual decisions adopted by national authorities, to planning instruments, to planning/building legislation or other acts relating to the management of the security and development of territory adopted for that purpose by local bodies.
Amendment 39 #
Proposal for a directive
Recital 7
Recital 7
(7) The notification obligation established by this Directive should apply to regulatory measures of Member States, such as laws, regulations, administrative provisions of general nature or any other binding rule of general nature, including rules adopted by professional organisations to regulate in a collective manner access to service activities or the exercise thereof. The notification obligation should on the other hand not apply to individual decisions issued by national authorities or professional organisations.
Amendment 45 #
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) Directive 2006/123/EC is a horizontal legal instrument affecting a significant number of laws, regulations and administrative provisions at different levels within a Member State's governance structures. In order to facilitate the competent authorities' compliance with this Directive and to maximise the efficiency of the notification procedure and reduce the administrative burden of that procedure, the Commission should provide guidance regarding the practical aspects of the notification procedure, in particular for municipal and local authorities and professional organisations. In order to ensure that the notification obligations of such authorities are proportionate, draft measures implementing authorisation schemes or requirements which have already been notified to the Commission and adopted by the Member State concerned at national level should not be subject to notification.
Amendment 57 #
Proposal for a directive
Recital 8
Recital 8
(8) The obligation for Member States to notify draft measures laying down authorisation schemes or requirements referred to in Article 4 of this Directive at least three months before their adoption is designed to ensure that measures to be adopted comply with Directive 2006/123/EC. In order for the notification procedure to be effective, a consultation on notified measures should take place sufficiently in advance of their adoption. This is appropriate to foster good cooperation and transparency between the Commission and Member States and to further develop exchanges between the Commission and national authorities on new or amended authorisation schemes and certain requirements covered by Directive 2006/123/EC, in accordance with Article 4(3) of the Treaty on European Union (TEU). With a view to ensuring the effectiveness of the procedure, breach of the obligation to notify or to refrain from adopting a notified measure, including during the period following the receipt of an alert,a notified measure should be considered to be a substantial procedural defect of a serious nature as regards its effects vis- à-vis individuals, and the consequences for the Member States, including professional organisations, should be appropriate and proportionate with regard to the nature and relevance of the draft measure.
Amendment 66 #
Proposal for a directive
Recital 9
Recital 9
(9) In the spirit of transparency and cooperation, where significant substantive amendments are made to a draft measure that is subject to an ongoing notification procedure under this Directive, of such a kind as to make it into a new one, the Commission, and other Member States and stakeholders should be made aware of such amendments by the notifying Member State in due time. Modifications of merely clerical nature and those which do not translate into a new draft measure should not be communicated.
Amendment 67 #
Proposal for a directive
Recital 10
Recital 10
(10) The information to be submitted by the notifying Member State should be sufficient to assess compliance with Directive 2006/123/EC and, in particular, the proportionality of a notified authorisation scheme or requirement. Therefore, in accordance with the case-law of the Court of Justice of the European Union (CJEU), such information should clarify the public interest objective pursued, set out and explain how the notified authorisation scheme or requirement is necessary and justified to meet this objective and explain how it is proportionate in doing so; thus, it should include explanations on why it is suitable, why it does not go beyond what is necessary and why no alternative and less restrictive means would be available. The reasons which may be invoked by the Member State concerned by way of justification should be accompanied by appropriate evidence and by an analysis of the proportionality of the notified measurappropriate for meeting that objective.
Amendment 76 #
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10a) The Commission should provide guidelines on the procedure and methodology that the Member States, including professional organisations, should follow to perform the proportionality analysis for the draft measure.
Amendment 87 #
Proposal for a directive
Recital 14
Recital 14
(14) Where following the consultation the Commission still has concerns about the compliance with Directive 2006/123/EC of the notified draft measure, it may alert the notifying Member State, providing appropriate reasons for the alert, and also giving it the opportunity to bring its draft measure into conformity with EU law. That alert should include an appropriate explanation of the legal concerns identified by the Commission and proof that the Commission has complied with the principles of subsidiarity and proportionality. Reception of such an alert entails that the notifying Member State shall not adopt the notified measure for three months.
Amendment 98 #
Proposal for a directive
Recital 15
Recital 15
(15) Failure to comply with the obligation to notify draft measures at least three months prior to their adoption and/or to refrain from adopting the notified measure during this period and, as the case may be, during the 3 months following the reception of an alert, should be considered to be a substantial procedural defect of a seriousshould be considered to be a substantial procedural defect and the consequences for the Member States, including professional organisations, should be appropriate and proportionate with regard to the nature asnd regards its effects vis-à-vis individualslevance of the draft measure.
Amendment 101 #
Proposal for a directive
Recital 15
Recital 15
(15) Failure to comply with the obligation to notify draft measures at least three months prior to their adoption and/or to refrain from adopting the notified measure during this period and, as the case may be, during the 3 months following the reception of an alert, shouldmay in the most significant cases be considered to be a substantial procedural defect of a serious nature as regards its effects vis-à- vis individuals.
Amendment 106 #
Proposal for a directive
Recital 16
Recital 16
(16) To ensure the efficiency, effectiveness and coherence of the notification procedure, the Commission should retainhave the power to adopt Decisreasoned opinions requiring the Member State in question to refrain from adoptingamend notified measures or, if measures already adopted, to repeal them, where they violate Directive 2006/123/ECaking into account the concerns reported, in accordance with the provisions of Directive 2006/123/EC and European Union law.
Amendment 116 #
Proposal for a directive
Recital 17
Recital 17
(17) Interested third parties should be given access to notifications sent by Member StatesNotifications sent by Member States should be disclosed to interested third parties, including professional organisations, in order to make them aware of planned authorisation schemes or certain requirements related to services in markets in which they actually or potentially operate and to enable them to provide comments thereon.
Amendment 123 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
This Directive lays down rules on the notification by Member States of draft laws, regulations or administrative provisions introducing new, or amending existing authorisation schemes and certain requirements falling under the scope of Directive 2006/123/EC. The following shall not fall within the scope of this Directive: provisions relating to town planning, land development and use instruments, urban and rural planning, building regulations and management of national security.
Amendment 127 #
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall notify to the Commission any draft measure that introduces new requirements or authorisation schemes referred to in Article 4, or modifiesakes significant changes to such existing requirements or authorisation schemes, in such a way as to give rise to new restrictions.
Amendment 132 #
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Where a Member State significantly modifies a notified draft measure with the effect of significantly extending its scope or content, or shortening the timetable originally envisaged for implementation, or adding requirements or authorisation schemes, or making those requirements or authorisation schemes more restrictive for the establishment, or the cross-border provision of services, it shall notify the modified draft measure previously notified under paragraph 1 again, including an explanation of the objective and content of the modifications. In such a case, the previous notification shall be deemed to be withdrawnmaking it into a new one, it shall notify the modifications made, including an explanation of the objective and content of such modifications.
Amendment 141 #
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. Draft measures referred to in paragraphs 1 and 2 shall be notified to the Commission at least three months prior to their adoption.
Amendment 150 #
Proposal for a directive
Article 3 – paragraph 4
Article 3 – paragraph 4
4. The breach of one of the obligations set out in Article 3(1), (2) and (3) or in Article 6(2)paragraphs 1, 2, 3 and 3a shall constitute a substantial procedural defect of a serious nature as regards its effects vis-à-vis individualsand the consequences for the Member States, including professional organisations, should be appropriate and proportionate to the nature and relevance of the draft measure.
Amendment 154 #
Proposal for a directive
Article 3 – paragraph 4
Article 3 – paragraph 4
4. The breach of one of the obligations set out in Article 3(1), (2) and (3) or in Article 6(2) shallmay, in the most serious cases, constitute a substantial procedural defect of a serious nature as regards its effects vis-à-vis individuals.
Amendment 156 #
Proposal for a directive
Article 3 – paragraph 5 – subparagraph 1
Article 3 – paragraph 5 – subparagraph 1
Member States shall, as part of any notification, provide information demonstratingon the overriding reason relating to the public interest which evidences the compliance of the notified authorisation scheme or requirement with Directive 2006/123/EC.
Amendment 169 #
Proposal for a directive
Article 3 – paragraph 5 a (new)
Article 3 – paragraph 5 a (new)
5a. The Commission shall provide guidelines on the procedure and methodology that the Member States, including professional organisations, must follow to perform the proportionality analysis.
Amendment 175 #
Proposal for a directive
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
Member States shall notify the following authorisation schemes and requirements, subject to the requirements expressly excluded by recital 9 of Directive 2006/123/EC:
Amendment 176 #
Proposal for a directive
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
Amendment 200 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Before the closure of the consultation period referred to in Article 5(2), the Commission may alert the notifying Member State, while complying with the principles of subsidiarity and proportionality, of its concerns about the compatibility with Directive 2006/123/EC of the draft measure notified and of its intention to adopt a Decision referred to in Article 7, together with the reasons for those concerns.
Amendment 220 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
Where the Commission has issued an alert in accordance with Article 6(1), it may, within a period of three months after the date of the closure of the consultation period referred to in Article 5(2), adopt a Decision finding the draft measure to be incompatible with Directive 2006/123/EC and requiring the Member State concerned to refrain from adopting the draft measure or, if such measure has been adopted in breach of Article 3(3) or Article 6(2), to repeal itreasoned opinion asking the Member State concerned to amend the measures notified or already adopted, taking into account the comments made therein, in order to bring them into line with the provisions of Directive 2006/123/EC.
Amendment 232 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
The Commission shall publish on a dedicated public website the notifications made by Member States under Articles 3(1) and (2) and the related adopted measures. The Commission’s alert notifications to the Member States referred to in Article 6(1) and (2) shall also be published on the same dedicated website.