Activities of Thomas HÄNDEL related to 2011/0435(COD)
Plenary speeches (1)
Recognition of professional qualifications and administrative cooperation through the Internal Market Information System (debate)
Shadow reports (1)
REPORT proposal for a directive of the European Parliament and of the Council amending Directive 2005/36/EC on the recognition of professional qualifications and Regulation on administrative cooperation through the Internal Market Information System PDF (1011 KB) DOC (1 MB)
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council amending Directive 2005/36/EC on the recognition of professional qualifications and Regulation on administrative cooperation through the Internal Market Information System (IMI)
Amendments (29)
Amendment 23 #
Proposal for a directive
Recital 4
Recital 4
(4) Directive 2005/36/EC only applies to professionals who want to pursue the same profession in another Member State. There are cases where the activities concerned are part of a profession with a larger scope of activities in the host Member State. If the differences between the fields of activity are so large that in reality a full programme of education and training is required from the professional to compensate for shortcomings and if the professional so requests, a host Member State should under these particular circumstances grant partial access. However, in case of overriding reasons of general interest, such as in the case of a doctor of medicine or other health professionals, a Member State should be able to refuse partial accessa Member State should be able to refuse partial access. Partial access should not be granted for professions providing health services or otherwise related to public health.
Amendment 35 #
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 twelveachieved by at least ten years of general education or success in an examination of an equivalent level.
Amendment 43 #
Proposal for a directive
Recital 22
Recital 22
(22) Whilst the Directive already provides for detailed obligations for Member States to exchange information, such obligations should be reinforced. Member States should not only react to request for information but also alert other Member States in a proactive manner. Such alert system should be similar to that of Directive 2006/123/EC. A specific alert mechanism is however necessary for health professionals benefiting from automatic recognitionregulated under Directive 2005/36/EC. This should also apply to veterinary surgeons unless the Member States have already triggered the alert mechanism provided for in Directive 2006/123/EC. All Member States should be alerted if a professional, due to a disciplinary action or criminal conviction related to the exercise of his or her profession, is no longer entitled to move to another Member State, or if a professional is temporarily or permanently removed from the right to practice in their home or host Member State. This alert should be activated through the IMI regardless of whether the professional has exercised any of the rights under Directive 2005/36/EC or of whether he has applied for recognition of his professional qualifications through the issuance of a European Professional Card or through any other method provided for by that Directive. The alert procedure should comply with Union law on the protection of personal data and other fundamental rights.
Amendment 48 #
Proposal for a directive
Recital 24
Recital 24
(24) In order to supplement or amend certain non-essential elements of Directive 2005/36/EC, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of updating of Annex I, setting the criteria for the calculation of fees related to the European Professional Card, establishing the details of the documentation necessary for the European Professional Card, the adaptations of the list of activities set out in Annex IV, the adaptations of points 5.1.1 to 5.1.4, 5.2.2, 5.3.2, 5.3.3, 5.4.2, 5.5.2, 5.6.2 and 5.7.1 of Annex V, clarifying the knowledge and skills for medical doctors, nurses responsible for general care, dental practitioners, veterinary surgeons, midwives, pharmacists and architects, adapting the minimum periods of training for specialist medical trainings and specialist dental training, the inclusion in point 5.1.3 of Annex V of new medical specialities, the amendments to the list set out in points 5.2.1, 5.3.1, 5.4.1, 5.5.1 and 5.6.1 of Annex V, inclusion in point 5.3.3 of Annex V of new dental specialities, specifying the conditions of application of common training frameworks, and specifying the conditions of application of common training tests. It is of particular importance that the Commission carries out appropriate representation and consultations during its preparatory work, including at experts at both European and national level. The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely, transparent and appropriate transmission of relevant documents to the European Parliament and to the Council.
Amendment 67 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4a – paragraph 6
Article 4a – paragraph 6
6. The Commission shall adopt implementing acts specifying European Professional Cards for specific professions, following the request of the European sectoral social partners and professional associations representing the sectoral professions to establish a card for a specific profession, establishing the format of the European Professional Card, the translations necessary to support any application for issuing a European Professional Card and details for the assessment of applications, taking into account the particularities of each profession concerned. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 58. The Commission shall consult competent authorities and European and national level social partners and professional associations representing the sectoral professions of the related professions on the precise technicalities of the cards of specific professions.
Amendment 68 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4a – paragraph 7
Article 4a – paragraph 7
7. Any fees which applicants may incur in relation toThe administrative procedures to issue a European Professional Card shall be reasonable, proportionate and commensurate with the costs incurred by the home and host Member States and shall not act as a disincentive to apply for a European Professional Card. The Commission shall be empowered to adopt delegated acts in accordance with Article 58a concerning the setting of criteria for the calculation and distribution of feesnot represent any additional cost for the individual professional.
Amendment 70 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4b – paragraph 3
Article 4b – paragraph 3
1. TIn sectors others than health and social care, the competent authority of the home Member State shall verify the application, create and validate a European Professional Card within two weeks from the date it receives a complete application. It shall inform the applicant and the Member State in which the applicant envisages to provide services, of the validation of the European Professional Card. The transmission of the validation informThe competent authority of the host Member State shall ensure the prior check of the complete application of the professional for temporary provision of service whether his or her qualifications are in conjunction with the national requirements of the host country on qualifications to the host Member States concerned shall constitute the declaration provided for in Article 7provide the same service. Member States shall provide a list to the Commission on certain professions where working with the temporary mobility card and under the prior declaration regime must require a prior check of application. The host Member State may not require a further declaration under Article 7 for the following two years, unless overriding concerns are expressed.
Amendment 71 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4b – paragraph 4
Article 4b – paragraph 4
4. The Commission may adopt implementing acts specifying the technical specifications, the measures necessary to ensure integrity, confidentiality and accuracy of information contained in the European Professional Card and in the IMI file, the conditions and the procedures for making available a European Professional Card to its holder, including the possibility of downloading it or submitting updates for the file. Those implementing acts shall be adopted in accordance with the advisoryexamination procedure referred to in Article 58.
Amendment 75 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4d – paragraph 1
Article 4d – paragraph 1
1. UIn sectors other than health and social care, upon receipt of a complete application for a European Professional Card, the competent authority of the home Member State shall, within two weeks, verify and confirm the authenticity and validity of the submitted supporting documents, create the European Professional Card, transmit it for validation to the competent authority of the host Member State and inform that authority on the corresponding IMI file. The applicant shall be informed by the home Member State of the state of the procedure.
Amendment 78 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4d – paragraph 5
Article 4d – paragraph 5
Amendment 79 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4e – paragraph 1
Article 4e – paragraph 1
1. The competent authorities of the home and the host Member States shall update in a timely manner the corresponding IMI file with information regarding disciplinary action or criminal sanctions taken or any other serious specific circumstances which are likely to have consequences for the pursuit of activities of the holder of the European Professional Card under this Directive. Such updates include the deletion of information which is no longer required. Any updates should be based on a prior decision by a court or a competent authority prohibiting a professional to pursue his or her professional activity. The holder of the European Professional Card and the competent authorities involved in the corresponding IMI file shall be informed of any updates by the competent authorities concerned.
Amendment 82 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4e – paragraph 7 – subparagraph 2
Article 4e – paragraph 7 – subparagraph 2
The Commission shall adopt implementing acts specifying the conditions of access to the IMI file, the technical means and the procedures for the verification referred to in the first subparagraph. Those implementing acts shall be adopted in accordance with the advisoryexamination procedure referred to in Article 58.
Amendment 84 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4f – paragraph 1 – introductory part
Article 4f – paragraph 1 – introductory part
1. The competent authority of the host Member State shall grant partial access to a professional activity in its territory, after consulting with the relevant national social partners and professional associations representing the sectoral professions of the sector the profession of the applicant belongs to, provided that the following conditions are fulfilled:
Amendment 89 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4f – paragraph 2
Article 4f – paragraph 2
2. The concept of partial access shall not apply to the sectoral professions falling under the regime of automatically recognised professions and for health professions in general. 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 93 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4f – paragraph 3
Article 4f – paragraph 3
3. Applications for establishment in the host Member State shall be examined in accordance with Chapters I and IV of Title III by the competent authorities together with the relevant social partners and professional associations representing the sectoral professions in case of establishment in the host Member State.
Amendment 109 #
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 1
Article 7 – paragraph 4 – subparagraph 1
For the first provision of services, in the case of regulated professions having public health or safety implications, which do not benefit from automatic recognition under Chapter II or III of Title III , the competent authority of the host Member State may check the professional qualifications of the service provider prior to the first provision of services. Such a prior check shall be possible only where the purpose of the check is to avoid serious damage to the health or safety of the service recipient due to a lack of professional qualification of the service provider and where this does not go beyond what is necessary for that purpose.
Amendment 112 #
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 2
Article 7 – paragraph 4 – subparagraph 2
Member States shall notify to the Commission the list of professions for which a prior check of qualifications is necessary in order to avoid serious damage to the health or safety of the service recipient under its national laws and regulations. Member States shall provide the Commission with a specific justification for the inclusion of each of those professions in the list.
Amendment 113 #
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point c
Article 1 – paragraph 1 – point 7 – point c
2011/0435(COD)
Article 7 – paragraph 4 - subparagraph 3
Article 7 – paragraph 4 - subparagraph 3
Within a maximum of one month of receipt of the declaration and accompanying documents, the competent authority shall inform the service provider either of its decision not to check his qualifications or of the outcome of such check. Where there is a difficulty which would result in delay, the competent authority shall notify the service provider within the first month of the reason for the delay. The difficulty shall be solved within one monthas quickly as possible following that notification and the decision finalised within the second month following resolution of the difficulty.
Amendment 116 #
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point c
Article 1 – paragraph 1 – point 7 – point c
2011/0435(COD)
Article 7 – paragraph 4 – subparagraph 5
Article 7 – paragraph 4 – subparagraph 5
Amendment 130 #
Proposal for a directive
Article 1 – paragraph 1 – point 17
Article 1 – paragraph 1 – point 17
Directive 2005/36/EC
Article 22
Article 22
For the purposes of point (b) of the first paragraph, as from [insert date - the day after the date set out in first subparagraph of paragraph 1 of Article 3] and every five years thereafter, the competent authorities in Member States shall submit publicly available reports to the Commission and to the other Member States on their continuing education and training procedures related to doctors of medicine, medical specialists, nurses responsible for general care, dental practitioners, specialised dental practitioners, veterinary surgeons, midwives and pharmacists. Member States must have systems in place to ensure that health professionals can regularly update their skills trough continuous professional development. The onus shall be on employers to ensure that sufficient supports, practical, financial and other, are in place to allow employees to fully engage and comply with continuous professional development requirements.
Amendment 133 #
Proposal for a directive
Article 1 – paragraph 1 – point 22 – point a
Article 1 – paragraph 1 – point 22 – point a
Directive 2005/36/EC
Article 31 – paragraph 1
Article 31 – paragraph 1
1. Admission to training for nurses responsible for general care shall be contingent upon completion of general education of 12at least 10 years, as attested by a diploma, certificate or other evidence issued by the competent authorities or bodies in a Member State or by a certificate attesting success in an examination, of an equivalent level, for admission to a school of nursing.
Amendment 142 #
Proposal for a directive
Article 1 – paragraph 1 – point 27 – point b
Article 1 – paragraph 1 – point 27 – point b
Directive 2005/36/EC
Article 40 – paragraph 2 – point a
Article 40 – paragraph 2 – point a
(a) completion of at least the 120 years of general school education or a certificate attesting success in an examination, of an equivalent level, for admission to a midwifery school for route I;
Amendment 151 #
Proposal for a directive
Article 1 – paragraph 1 – point 35
Article 1 – paragraph 1 – point 35
Directive 2005/36/EC
Article 49bis – paragraph 2 – point f
Article 49bis – paragraph 2 – point f
(f) the common training framework has been prepared following a transparent due process, including with national social partners, professional associations representing the sectoral professions, and stakeholders from Member States where the profession is regulated or not regulated;
Amendment 152 #
Proposal for a directive
Article 1 – paragraph 1 – point 35
Article 1 – paragraph 1 – point 35
Directive 2005/36/EC
Article 49ter – paragraph 2 – point c
Article 49ter – paragraph 2 – point c
(c) the common training test has been prepared following a transparent due process, including with national social partners, professional associations representing the sectoral professions, and stakeholders from Member States where the profession is regulated or not regulated;
Amendment 156 #
Proposal for a directive
Article 1 – paragraph 1 – point 38
Article 1 – paragraph 1 – point 38
Directive 2005/36/EC
Article 53 – paragraph 2 – subparagraph 1
Article 53 – paragraph 2 – subparagraph 1
A Member State shall ensure that any controls of the knowledge of a language are carried out by a competent authority free of charge for the applicant 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 158 #
Proposal for a directive
Article 1 – paragraph 1 – point 38
Article 1 – paragraph 1 – point 38
Directive 2005/36/EC
Article 53 – paragraph 2 – subparagraph 2
Article 53 – paragraph 2 – subparagraph 2
In case of professions with public health and patient safety implications, Member States may confer to the competent authorities the right to carry out language checking covering all professionals concerned if it is expressly requested by the national health care system, or in case of self-employed professionals not affiliated to the nationals health care system, by representative national patient organisations.
Amendment 171 #
Proposal for a directive
Article 1 – paragraph 1 – point 42
Article 1 – paragraph 1 – point 42
Directive 2005/36/EC
Article 56a – paragraph 1 – introductory part
Article 56a – paragraph 1 – introductory part
1. The competent authorities of a Member State shall inform the competent authorities of all other Member States and the Commission about the identity of a professional who has been prohibited by national authorities or courts from pursuing, even temporarily, on the territory of thatemporarily or permanently removed from the right to practice in their home or host Member State the following professional activities:
Amendment 173 #
Proposal for a directive
Article 1 – paragraph 1 – point 42
Article 1 – paragraph 1 – point 42
Directive 2005/36/EC
Article 56a – paragraph 1 – point ca (new)
Article 56a – paragraph 1 – point ca (new)
(c a) nurses recognised under the scope of Article 10;
Amendment 180 #
Proposal for a directive
Article 1 – paragraph 1 – point 46
Article 1 – paragraph 1 – point 46
1. The Commission shall be assisted by a Committee on the recognition of professional qualifications, ensuring appropriate representation and consultation at both European and national expert level. That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011.