Activities of Mario PIRILLO related to 2011/0435(COD)
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 the Regulation on administrative cooperation through the Internal Market Information System
Amendments (13)
Amendment 75 #
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 recognition 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, following a disciplinary action or criminal conviction is no longer entitled to move to another Member Statewhich totally or partially restricts him from lawfully pursuing his profession, is no longer entitled to move to another Member State or if he used, or tried to use, false documents as a basis for requesting recognition of his professional qualifications. 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 77 #
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 andclarifying the knowledge and skills for 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 consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.
Amendment 82 #
Proposal for a directive
Article 1 – point 3 – point a – point ii
Article 1 – point 3 – point a – point ii
Directive 2005/36/EC
Article 3 – paragraph 1 – point k
Article 3 – paragraph 1 – point k
(k) ‘European Professional Card’: an electronic certificate issued to the professional proving the recognition ofby the competent authority to document his qualifications for establishment in a host Member State for that he has met all the necessary conditions toe purpose of provideing services in a host Member State on a temporary and occasional basis;
Amendment 92 #
Proposal for a directive
Article 1 – point 5
Article 1 – point 5
Directive 2005/36/EC
Article 4b – paragraph 1
Article 4b – paragraph 1
1. The Member States shall provide that a holder of a professional qualification may apply for a European Professional Card by any means, including through an on-line tool, withto the competent authority of the home Member State.
Amendment 93 #
Proposal for a directive
Article 1 – point 5
Article 1 – point 5
Directive 2005/36/EC
Article 4b – paragraph 2
Article 4b – paragraph 2
2. Applications shall be supported by the documentation required by Article 7(2) and Annex VII as appropriate. The Commission shall be empowered to adopt delegated acts in accordance with Article 58a concerning the establishment of the details of the documentation. If the host Member State has doubts in relation to the documentation submitted, it may require the applicant to provide original documents.
Amendment 96 #
Proposal for a directive
Article 1 – point 5
Article 1 – point 5
Directive 2005/36/EC
Article 4c – paragraph 1
Article 4c – paragraph 1
1. The competent authority of the home Member State shall verify the application, create and valid and create a European Professional Card within twofive weeks from the date it receives athe complete application. It shall inform the applicant and the Member State in which the applicant envisages to provide services, of the validcreation of the European Professional Card. The transmission of the validation information to the host Member States concerned shall constitute the declaration provided for in Article 7. The host Member State may not require a furAfter a year has elapsed since ther declaration made under Article 7 for the following two years, the host Member State may require a further declaration.
Amendment 100 #
Proposal for a directive
Article 1 – point 5
Article 1 – point 5
1. Upon receipt of a complete application for a European Professional Card, the competent authority of the home Member State shall, within twofive 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 103 #
Proposal for a directive
Article 1 – point 5
Article 1 – point 5
Directive 2005/36/EC
Article 4e – paragraph 4
Article 4e – paragraph 4
4. The information included in the European Professional Card shall be limited to the information that is necessary to ascertain its holder's right to exercise the profession for which it has been issued, in particular name, surname, date and place of birth, professional title, applicable regime, competent authorities involved, card number, security features and reference to a valid proof of identity.
Amendment 108 #
Proposal for a directive
Article 1 – point 5
Article 1 – point 5
Directive 2005/36/EC
Article 4f – paragraph 2
Article 4f – paragraph 2
2. Partial access may be rejected if such rejectThe health professions may be excluded from partial access if their exclusion 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 122 #
Proposal for a directive
Article 1 – point 24 – point a
Article 1 – point 24 – point a
Directive 2005/36/EC
Article 34 – paragraph 2 – subparagraph 1
Article 34 – paragraph 2 – subparagraph 1
"Basic dental training shall comprise a total of at least five years of full-time theoretical and practical study, which may also be expressed with the equivalent ECTS credits, on the basis that one academic year corresponds to 60 training credits, comprising at least the programme described in Annex V, point 5.3.1 and given in a university, in a higher institute providing training recognised as being of an equivalent level or under the supervision of a university.
Amendment 133 #
Proposal for a directive
Article 1 – point 38
Article 1 – point 38
Directive 2005/36/EC
Article 53 – paragraph 2 – subparagraph 2
Article 53 – paragraph 2 – subparagraph 2
In the case of professions with patient safety implications, Member States mayshall confer ton 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 organisationsof the professionals concerned.
Amendment 141 #
Proposal for a directive
Article 1 – point 42
Article 1 – point 42
Directive 2005/36/EC
Article 56a – paragraph 1 – subparagraph 2
Article 56a – paragraph 1 – subparagraph 2
The information referred to in the first subparagraph shall be sent, via the IMI, at the latest within three days from the date of adoption of the decision prohibiting the professional concerned from exercising a professional activity.
Amendment 142 #
Proposal for a directive
Article 1 – point 42
Article 1 – point 42
Directive 2005/36/EC
Article 56a – paragraph 2 a (new)
Article 56a – paragraph 2 a (new)
2a. Where the competent authority of a host Member State has grounds for believing that an applicant obtained his title without having completed a regular course of study, the host Member State may require the application of compensatory measures.