17 Amendments of Lara COMI related to 2016/0403(COD)
Amendment 68 #
Proposal for a regulation
Recital 4
Recital 4
(4) RThe requirements remain in place which 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 apply disproportionate or unjustified restrictions. Furthermore, self-employed workers providing cross-border services who are required to have a specific professional qualification come up against barriers in respect of recognition of their professional qualification. As a consequence, service providers face multiple and disproportionate compliance costs when going cross-border.
Amendment 75 #
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. The e-card procedure will apply only to undertakings that supply services and will exclude self- employed workers providing services on a temporary basis, who must therefore be subject to recognition of their professional qualifications under Directive 2005/36/EC of the European Parliament and of the Council.
Amendment 78 #
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) The e-card procedure will apply only to undertakings that supply services, while self-employed workers providing services on a temporary basis will be excluded from the scope of the Directive and must therefore be subject to recognition of their professional qualifications under Directive 2005/36/EC of the European Parliament and of the Council.
Amendment 84 #
Proposal for a regulation
Recital 16
Recital 16
(16) The power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to specify the details of the information to be contained in the standard application form and the documents to be included in the application as supporting evidence. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at with the social partners, professional and business organisations and expert levels, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.
Amendment 85 #
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16a) Those consultations should in particular involve stakeholders from the sectors which fall under the scope of this Regulation, including professional and sectoral organisations and social partners in the services sector.
Amendment 91 #
Proposal for a regulation
Recital 19
Recital 19
(19) Holders of a European services e- card may want to second staff into the territory of the host Member State. When doing so, service providers may be subject to requirements, such as prior declarations addressed to the host Member State, necessary for the protection of posted workers or their registration with an appropriate professional organisation to be able to provide their services. The European Services e-card will in no way affect the content of such declarations and the responsibilities by the host Member State in that regard or the obligations arising in the host Member State to be able to provide services.
Amendment 111 #
Proposal for a regulation
Recital 32 a (new)
Recital 32 a (new)
(32a) Professional organisations which offer group cover related to professional liability insurance to their members or to service providers under specific conditions must ensure access to such cover, under the same conditions and in a non-discriminatory manner, to service providers from other Member States. Applicants for the Professional Card wishing to access such group cover should, if necessary, require their employees to be registered with the professional organisation or association of the country of destination of their employees, so as, inter alia, to benefit from the lower costs of collective professional policies and the extent of their cover.
Amendment 113 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation introduces a European services e-card and related administrative facilities, which shall be made available throughout the European Union to undertakings that providers of services and are willing to avail themselves of that e-card.
Amendment 121 #
Proposal for a regulation
Article 2 – paragraph 3 a (new)
Article 2 – paragraph 3 a (new)
3a. The e-card procedure shall apply only to undertakings that supply services, while self-employed workers providing services on a temporary basis will be excluded from the scope of the Directive and, in order to be able to provide their services, must be subject to recognition of their professional qualifications under Directive 2005/36/EC of the European Parliament and of the Council.
Amendment 127 #
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 3 – point a
Article 4 – paragraph 1 – subparagraph 3 – point a
(a) identification of the provider, including, where applicable, the nationality of the service provider, the country of establishment, registration numbers in central, commercial or company registers and for tax and social security purposes;
Amendment 132 #
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 3 – point e
Article 4 – paragraph 1 – subparagraph 3 – point e
(e) requirements to which the applicant is subject for the provision of the service in its home Member State, such as qualifications or certifications, compulsory registration with or membership of a professional organisation;
Amendment 133 #
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 3 – point e a (new)
Article 4 – paragraph 1 – subparagraph 3 – point e a (new)
Amendment 135 #
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 3 – point g
Article 4 – paragraph 1 – subparagraph 3 – point g
(g) information on any existing professional indemnity insurance of the provider in relation to professional liability in the territory of the home Member State, including information on the cover for activities carried out in the territory of other Member States, as appropriatend its period of validity;
Amendment 136 #
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 3 – point h a (new)
Article 4 – paragraph 1 – subparagraph 3 – point h a (new)
(ha) requirements relating to recognition of the professional qualifications necessary in order to provide the service, where applicable;
Amendment 139 #
Proposal for a regulation
Article 4 – paragraph 3 – introductory part
Article 4 – paragraph 3 – introductory part
3. The Commission ishall be empowered to adopt, after consultation with interested parties, including professional and business organisations, delegated acts in accordance with Article 15 in order to further specifyspecify in greater detail:
Amendment 145 #
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 3
Article 5 – paragraph 1 – subparagraph 3
The insurance certificate shall contain information about the existence of professional liability insurance for the services concerned, including the territorial scope of such cover in other Member States, the insured risks, the durationperiod of validity and/or its renewal, the insured sums per claim and for all claims in a year, and possible exclusions.
Amendment 171 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
Professional organisations, including competent authorities as defined in points (i) and (ii) of Article 3(18), which offer group cover related to professional liability insurance to their members or to providers of services under specific conditions, shall ensure access to such cover, under the same conditions in a non-discriminatory manner, to providers of services from other Member States which express an interest in benefiting from such group cover. Access to insurance under specific conditions, including for service providers from other Member States, cannot be made available at the expense of the requirement to belong to a professional organisation, if required.