5 Amendments of Philippe JUVIN related to 2016/0404(COD)
Amendment 72 #
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) While professional regulation of healthcare services, consisting of activities intended to assess, maintain, restore or improve the state of health of patients, remains, according to Article 59 of Directive 2005/36/EC, subject to compliance with the proportionality principle, it should be excluded from the scope of this Directive. With regard to the protection of public health, it should be highlighted that health and life of humans rank foremost among the interests protected by the Treaty and that it is for the Member States to determine the level of protection which they wish to afford to public health and the way in which that level is to be achieved.
Amendment 109 #
Proposal for a directive
Recital 13
Recital 13
(13) Where a Member State intends to regulate a profession or to amend existing rules, account should be taken of the nature of the risks related to the public interest objectives pursued, in particular the risks to consumers, to professionals or third parties. It should also be borne in mind that, in the field of professional services, there is usually an asymmetry of information between consumers and professionals. Professionals havedisplay a high level of technical knowledge, which consumers may not have and consumers therefore find it difficult to judge the quality of the services provided to them. Member States should apply the proportionality criteria laid down in this Directive when introducing new or amending existing legislative, regulatory or administrative provisions to the extent that those criteria are relevant for a given profession. The extent of the assessment should be proportionate to the nature, the content and the impact of the provision being introduced for a given regulated profession.
Amendment 164 #
Proposal for a directive
Article 2 – paragraph 1 – subparagraph 1 a (new)
Article 2 – paragraph 1 – subparagraph 1 a (new)
This Directive shall not apply to healthcare services consisting of activities intended to assess, maintain or restore the state of health of patients whether or not they are provided via healthcare facilities.
Amendment 215 #
Proposal for a directive
Article 5 – paragraph 2 – point a (new)
Article 5 – paragraph 2 – point a (new)
2 a. The assessment of proportionality cannot represent a restriction of the capacity of the Member States to determine the level of the public interest protection they consider as appropriate in the field of the medical and paramedical professions, which therefore can differ within the EU.
Amendment 261 #
Proposal for a directive
Article 6 – paragraph 2 – point f
Article 6 – paragraph 2 – point f
(f) the scope of the professional activities reserved to holders of a particular professional qualification, namely whether and why the activities reserved to certain professions can or cannot be shared with other professions;, provided that the security and the quality of the service can be guaranteed at the same level.