25 Amendments of Ádám KÓSA related to 2016/0404(COD)
Amendment 3 #
Proposal for a directive
Recital 1
Recital 1
Amendment 7 #
Proposal for a directive
Recital 3
Recital 3
Amendment 9 #
Proposal for a directive
Recital 5
Recital 5
(5) The results of the mutual evaluation process revealed a lack of clarity as regards the criteria to be used by national competent authorities when assessing the proportionality of requirements restricting access to or pursuit of regulated professions, as well as uneven scrutiny of such measures at all levels of regulation. To avoid fragmentation of the internal market and eliminate barriers to taking-up and pursuit of certain employed or self- employed activities and therefore boost employment where relevant, it is therefore necessary to establish a common approach at Union level, preventing disproportionate and unduly excessive measures from being adopted.
Amendment 23 #
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8 a) This Directive establishes rules for proportionality test to be carried out before introducing new, or amending existing, legislative, regulatory or administrative provisions restricting access or pursuit of regulated professions.It has to be underlined, that this Directive leaves the prerogative to regulate access to or pursuit of regulated professions within Member States in respect of principles of non- discrimination and proportionality.
Amendment 31 #
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 well justified evidence substantiating its arguments.
Amendment 43 #
Proposal for a directive
Recital 12
Recital 12
Amendment 59 #
Proposal for a directive
Recital 17
Recital 17
Amendment 65 #
Proposal for a directive
Recital 18
Recital 18
Amendment 67 #
Proposal for a directive
Recital 18
Recital 18
(18) The economic impact of the measure, including a cost-benefit analysis with particular regard to the degree of competition in the market and the quality of the service provided, as well as the impact on the right to work and on the free movement of persons and services within Member States and the Union should be duly taken into account by the competent authorities. Based on this analysis, Member States should ascertain, in particular, whether the extent of the restriction of access to or pursuit of regulated professions within the Union is proportionate to the importance of the objectives pursued and the expected gains.
Amendment 75 #
Proposal for a directive
Recital 20
Recital 20
Amendment 77 #
Proposal for a directive
Recital 20 a (new)
Recital 20 a (new)
(20 a) The extent and degree of the criteria being used during the proportionality test should be appropriate and adjusted to the content of the provisions being introduced and its impact.
Amendment 80 #
Proposal for a directive
Recital 21
Recital 21
(21) It is essential for the proper functioning of the internal market to ensure that Member States provide information to citizens, representative associations, social partners and consumers or other relevant stakeholders before introducing new measures restricting access to or pursuit of regulated professions and give them the opportunity to make known their views.
Amendment 84 #
Proposal for a directive
Recital 22
Recital 22
(22) To facilitate the exchange of best practices, each Member State should encouragesure that the relevant competent authorities to share adequate and regularly updated information with other Member States on the regulation of professions. The Commission should take relevant initiatives in order to encourage smooth exchange of information between Member States.
Amendment 133 #
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The reasons for considering that a provision is justified, necessary, non- discriminatory and proportionate shall be substantiated by qualitative and, wherever possible, quantitative evidence.
Amendment 152 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The relevant competent authorities shall consider in particular whether those provisions, whilst complying with the objectives set out in the Treaty, are objectively justified on the basis of public policy, public security or public health, or by overriding reasons in the public interest, such as preserving the financial equilibrium of the social security system,; the protection of consumers, recipients of services and workers,; the safeguarding of the proper administration of justice,; fairness of trade transactions,; combating fraud and prevention of tax evasion and tax avoidance,; road safety,; the protection of the environment and the urban environment, thehealthof animals,; animal health; intellectual property,; the safeguarding andconservation of the national historic and artistic heritage,; and social policy objectives and cultural policy objectives.
Amendment 155 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The relevant competent authorities shall consider in particular whether those provisions are objectively justified on the basis of public policy, public security or public health, or by overriding reasons in the public interest, such as preserving the financial equilibrium of the social security system, the protection of consumers, recipients of services and workers, the safeguarding of the proper administration of justice, fairness of trade transactions, combating fraud and prevention of tax evasion and avoidance, road safety, the protection of the environment and the urban environment, the health of animals, intellectual property, the safeguarding and conservation of the national historic and artistic heritage, threats to social policy objectives and cultural policy objectives.
Amendment 160 #
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Grounds of a purely economic nature having essentially or indirectly protectionist aim or effects or purely administrative reasons shall not constitute overriding reasons in the public interest, justifying a restriction on access to or pursuit of regulated professions.
Amendment 165 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Before introducing new legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, or amending existing ones, Member States shall assess whether those provisions are necessary and suitable for securing the attainment of the objective pursued and do not go beyond what is necessary to attain that objective, which would be in violation of the provisions and objectives of the Treaty.
Amendment 180 #
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, patients to professionals or third parties;
Amendment 217 #
Proposal for a directive
Article 6 – paragraph 2 – point i
Article 6 – paragraph 2 – point i
(i) the economic impact and impact on employment of the measure, with particular regard to the degree of competition in the market and the quality of the service provided, job creation, employment opportunities for young graduates as well as the impact on the free movement of persons and services within the Union;
Amendment 218 #
Proposal for a directive
Article 6 – paragraph 2 – point i
Article 6 – paragraph 2 – point i
(i) the economic impact of the measure, with particular regard to the degree of competition in the marketand, the quality of the service provided, - including services guaranteed when public services are provided - as well as the impact on the free movement of persons and services within the Union;
Amendment 280 #
Proposal for a directive
Article 6 – paragraph 4 – point j
Article 6 – paragraph 4 – point j
(j) higher-level language knowledge requirements, to the extent strictly necessary to practise the profession.
Amendment 282 #
Proposal for a directive
Article 6 – paragraph 4 – point j a (new)
Article 6 – paragraph 4 – point j a (new)
(j a) proportionality of administrative requirements.
Amendment 291 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
Member States shall, by appropriate means, inform citizens, service recipients, those in relevant training or education, representative associations and relevant stakeholders other than the members of the profession before introducing new legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, or amending existing ones, and give them the opportunity to make known their views.
Amendment 299 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. For the purposes of the efficient application of this Directive, before introducing new legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, or amending existing ones, Member States shall encourage thsure exchange of information with competent authorities of other Member States on matters covered by this Directive, such as the particular way they regulate a profession or the effects of regulation identified in similar sectors of activities, on a regular basis, or, where appropriate, on an ad hoc basis.