Activities of Emma McCLARKIN 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)
Amendments (57)
Amendment 122 #
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) For automatic recognition on the basis of harmonised minimum training requirements for the health professions, Member States should be allowed to grant partial exemptions to persons other than veterinary surgeons who have received part of their training on courses which are of at least an equivalent level, and if that part of the training has been followed already. Partial exemptions should not usually extend beyond one academic year or 60 credits, where 60 credits are required for the completion of one academic year. By exception partial exemption may extend to two academic years or 120 credits. In considering partial exemptions from courses, Member State should fully consider the implications to patient safety.
Amendment 138 #
Proposal for a directive
Recital 19
Recital 19
(19) Directive 2005/36/EC already provides for a clear obligations for professionals to have the necessary language skills. The review of that obligation has shown a need to clarify the role of competent authorities and employers notably in the interest of patients's safety. Where there are patient safety implications, Member States may confer the right to undertake or supervise language checks to competent authorities or may choose for employers or other organisations to undertake language checking. Language controls should however be reasonable and necessary for the jobs in question and should not constitute grounds for excluding professionals from the labour market in the host Member State.
Amendment 154 #
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 and professionals subject to the general system of recognition, under Title III chapters I and II, that have implications for patient safety. 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 is no longer entitled to move to another Member State. practise or where restrictions on a professionals ability to practise have been imposed through disciplinary action or if a professional has used or attempted to use false information when applying for recognition of their 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 163 #
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 consultations during its preparatory workrepresentation and consultation, 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 199 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a – point ii
Article 1 – paragraph 1 – point 3 – point a – point ii
Directive 2005/36/EC
Article 3 – paragraph 1 – joint j
Article 3 – paragraph 1 – joint j
(j) “remunerated traineeship”: the pursuit of supervised and remunerated activities, with a view to access to a regulated profession granted on the basispursuant to legislative, regulatory ofr an examinationdministrative provisions in a Member State;
Amendment 204 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a – point ii
Article 1 – paragraph 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 of his qualifications for establishment in a host Member State or that he has met all the necessary conditions to provideupon request for the purposes of establishment in a host Member State or the provision of services in a host Member State on a temporary and occasional basis;
Amendment 211 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a – point ii (new)
Article 1 – paragraph 1 – point 3 – point a – point ii (new)
Directive 2005/36/EC
Article 3 – paragraph 1 – point l (new)
Article 3 – paragraph 1 – point l (new)
(l a) Patient safety in the context of this Directive should cover those professions who provide services to promote or contribute to the health and well-being of an individual including both medical and non-medical services.
Amendment 219 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4a – paragraph 1
Article 4a – paragraph 1
1. Member States shall provide a holder of a professional qualification with a European Professional Card upon his request, following the completion of a pilot project for that particular profession, and on condition that the Commission has adopted the relevant implementing acts provided for in paragraph 6. A cost-benefit analysis should be carried out before a Card is proposed to be introduced by implementing acts.
Amendment 223 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4 a – Paragraph 2
Article 4 a – Paragraph 2
2. Member States shall ensure that the holder of a European Professional Card benefits from all the rights conferred by Articles 4b to 4e, uponsubject to validation of the Card by the competent authority of the relevanhost Member State as provided for in paragraphs 3 and 4 of this Article.
Amendment 225 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4a – Paragraph 3
Article 4a – Paragraph 3
3. Where the holder of a qualification intends to provide services under Title II other than those covered by Article 7(4), and health professionals benefiting from automatic recognition under Directive 2005/36/EC the European Professional Card shall be created and validated issued by the competent authority of the home Member State in accordance with Articles 4b and 4c.
Amendment 227 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4a – Paragraph 5
Article 4a – Paragraph 5
5. Member States shall designate competent authorities for iprocessuing European Professional Cards. Those authorities shall ensure an impartial, objective and timely processing of applications for European Professional Cards. The Assistance Centers referred to in Article 57b may also act in the capacity of a competent authority to issucreate a European Professional Card. Member States shall ensure that competent authorities inform citizenprofessionals, including prospective applicants, on the advantagespossibility of a European Professional Card where it is available.
Amendment 231 #
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 specificFollowing the completion of a pilot project for the particular profession, the voluntary European Professional Cards, which should speed up the mobility of professionals, establishshall be available for professions covered by implementing acts adopted by the Commission in accordance with the examination procedure referred to in Article 58. Those implementing acts shall also determinge 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 eachthe profession concerned. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 58. The Commission may introduce a voluntary European Professional Card by an implementing act provided that there is strong evidence of sufficient mobility or potential for sufficient mobility in the profession concerned, there is a request by the stakeholders and respective professions concerned, or if the profession is regulated in a sufficient number of Member States.
Amendment 240 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4 a – Paragraph 7
Article 4 a – Paragraph 7
7. Any fees which applicants may incur in relation to 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 fees.
Amendment 248 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 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 meansin writing or in electronic form, including through an on-line tool, with the competent authority of the home Member State.
Amendment 260 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
COM(2011)833
Article 4c
Article 4c
European Professional Card for the temporary provision of services other than those covered by Article 7(4) and health professionals benefiting from automatic recognition under Directive 2005/36/EC.
Amendment 261 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
COM(2011)833
Article 4c – Paragraph 1
Article 4c – Paragraph 1
1. The competent authority of the home Member State shall verify the application, create and validate a and the supporting documentation and shall issue the European Professional Card within two weeksone month 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 information to ttransmit the European Professional Card immediately to the competent authority of the host Member State concerned and shall inform the applicant accordingly. The host Member States concerned shall constitute the declaration provided for in Article 7. The host Member State may not require a further declaration under Article 7 for the following two years.
Amendment 270 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 (new)
Article 1 – paragraph 1 – point 5 (new)
COM(2011)833
Article 4c – paragraph 1a (new)
Article 4c – paragraph 1a (new)
1 a. In case where neither the profession nor the education and training leading to this profession is regulated in the home Member State, the competent authority of this Member State shall at least verify the legal status of the applicant, the authenticity and the completeness of the submitted documents.
Amendment 271 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 (new)
Article 1 – paragraph 1 – point 5 (new)
COM(2011)833
Article 4c – Paragraph 1 (new)
Article 4c – Paragraph 1 (new)
1 b. Following the completion of a pilot project for a particular profession involving the relevant competent authorities, the Commission shall be empowered to adopt implementing acts in accordance with Article 58 concerning the establishment of timelines for the process outlined in paragraph 1.
Amendment 272 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
COM(2011)833
Article 4c – Paragraph 2
Article 4c – Paragraph 2
2. The decision of the competent authority of the home Member State, or the absence of a decision within the period of two weeksone month referred to in paragraph 1, shall be subject to appeal under national law.
Amendment 278 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
COM(2011)833
Article 4c – paragraph 4
Article 4c – paragraph 4
The European Professional Card shall be valid for as long as its holder maintains the right to practice in the home Member State on the basis of the documents and information contained in the IMI file or unless the holder has been prohibited from practising in any Member State.
Amendment 280 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
COM(2011)833
Article 4d
Article 4d
European Professional Card for establishment and for the temporary provision of services under Article 7 (4) and for the temporary provision of services by health professionals benefiting from automatic recognition under Title III Chapter III
Amendment 290 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
COM(2011)833
Article 4d paragraph 3
Article 4d paragraph 3
3. In the cases referred to in Articles 7(4) and 14, a host Member State shall decide on whether to recognise the holder's qualifications or to subject himissue a European Professional Card or to subject the professional concerned to compensation measures within two months from the date of receipt for validation of thethe draft European Professional Card transmitted by the home Member State. In case of justified doubts, the host Member State may request additional information from the home Member State. That request shall not suspend the period of two months.
Amendment 303 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
COM(2011)833
Article 4d – paragraph 5
Article 4d – paragraph 5
5. Where the host Member State fails to take a decision within the time limits set out in the paragraphs 2 and 3 or to request additional information within one month from the date of receipt of the European Professional Card by the home Member State, the European Professional Card shall be deemed to be temporarily validated by the host Member State and to constitute recognition of the professional qualification to the regulated profession concerned in the host Member State.
Amendment 314 #
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. TWithout prejudice to the presumption of innocence, 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. 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 323 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
COM(2011)833
Article 4e – paragraph 7 – subparagraph 1
Article 4e – paragraph 7 – subparagraph 1
Host Member States shallmay provide that employers, customers, patients and other interested parties may verify the authenticity and validity of a European Professional Card presented to them by the card holder without prejudice to paragraphs 2 and 3.
Amendment 335 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 (new)
Article 1 – paragraph 1 – point 5 (new)
COM(2011)833
Article 4.f – paragraph 1 – point a a (new)
Article 4.f – paragraph 1 – point a a (new)
(a a) the professional is fully qualified to exercise in the home Member State the professional activity for which partial access may be granted in the host Member State;
Amendment 356 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
COM(2011)833
Article 4f – paragraph 2
Article 4f – paragraph 2
2. Partial access may be rejected by the Member State if such rejection is justified by an overriding reason of general interest, such as public health, if it would secure the attainment of the objective pursued and it would not go beyond what is strictly necessary.
Amendment 390 #
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point a – point ii
Article 1 – paragraph 1 – point 7 – point a – point ii
COM(2011)833
Article 4f – paragraph 2 – point f
Article 4f – paragraph 2 – point f
(f) for professions with patient safety implications, in the case of evidence of formal qualifications referred to in Article 21 (1) and in the case of certificates of acquired rights referred to in Articles 23, 26, 27, 30, 33, 33a, 37, 39, and 43, evidence attesting knowledge of the languageofficial language or one of the official languages of the host Member State
Amendment 399 #
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point c
Article 1 – paragraph 1 – point 7 – point c
COM(2011)833
Article 7 – Paragraph 4 – subparagraph 4
Article 7 – Paragraph 4 – subparagraph 4
Where there is a substantial difference between the professional qualifications of the service provider and the training required in the host Member State, to the extent that that difference is such as to be harmful to public health or safety, and that it cannot be compensated by professional experience or lifelong learning of the service provider, the host Member State shall give the service provider the opportunity to show, in particular by means of an aptitude test or adaptation period, that he has acquired the lacking knowledge or competence. In any case, it must be possible to provide the service within one month of a decision being taken in accordance with the third subparagraph.
Amendment 413 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point c
Article 1 – paragraph 1 – point 9 – point c
Directive 2005/36/EC
Article 11e
Article 11e
(e) a diploma certifying that the holder has successfully completed a post-secondary course of more thanat least four years' duration, or of an equivalent duration on a part-time basis, or if applicable in the home Member State, of an equivalent number of ECTS credits, at a university or establishment of higher education or another establishment of equivalent level and, where appropriate, that he has successfully completed the professional training required in addition to the post-secondary course.
Amendment 432 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point d
Article 1 – paragraph 1 – point 12 – point d
Directive 2005/36/EC
Article 14 – paragraph 4
Article 14 – paragraph 4
4. For the purposes of paragraphs 1 and 5, ‘substantially different matters’ shall mean matters of which knowledge and competence is essential for pursuing the profession and with regard to which the training received by the migrant shows important differences in terms of content from the training required by the host Member State.
Amendment 444 #
Proposal for a directive
Article 1 – paragraph 1 – point 15 a (new)
Article 1 – paragraph 1 – point 15 a (new)
Directive 2005/36/EC
Article 21 – paragraph 8 (new)
Article 21 – paragraph 8 (new)
(15a) Member States may require that professionals possessing evidence of formal qualifications listed in Annex V, points 5.1.1, 5.1.2, 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 shall only benefit from the provisions in paragraph 1 if they have qualified within the preceding 3 years or can demonstrate through an attestation from a competent authority or other relevant organisation, that they have effectively and lawfully been engaged in the activities in question for at least three consecutive years during the five years prior to the date of issue of the attestation. Where this is not provided, Member States may assess a professional's qualification either under the provisions outlined in Title III, Chapter I or grant limited access to the profession according to national law.
Amendment 451 #
Proposal for a directive
Article 1 – paragraph 1 – point 17
Article 1 – paragraph 1 – point 17
Directive 2005/36/EC
Article 22 – paragraph 2
Article 22 – paragraph 2
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.(c) Member States must have a system in place to ensure health professionals regularly update their competencies through Continuing Professional Development.
Amendment 502 #
Proposal for a directive
Article 1 – paragraph 1 – point 24 – point a (new)
Article 1 – paragraph 1 – point 24 – point a (new)
Directive 2005/36/EC
Article 34 – paragraph 2 (new)
Article 34 – paragraph 2 (new)
Basic dental training shall comprise a total of at least five years or 5000 hours of full-time theoretical and practical study, which may also be expressed with the equivalent ECTS 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. Member States may grant partial exemptions to persons who have received certified prior qualifications on courses which are of at least an equivalent level and which have covered the subject matter required by Annex V 5.3.1.
Amendment 539 #
Proposal for a directive
Article 1 – paragraph 1 – point 32
Article 1 – paragraph 1 – point 32
Directive 2005/36/EC
Article 46 – paragraph 1 – point a
Article 46 – paragraph 1 – point a
(a) at least four years of full-time study, which may also be expressed with the equivalent ECTS credits, at a university or comparable teaching institution leading to successful completion of a university-level examination and at least two years of remuneratedmandated supervised traineeship leading to the award of an accompanying certificate of traineeship;
Amendment 553 #
Proposal for a directive
Article 1 – paragraph 1 – point 32
Article 1 – paragraph 1 – point 32
Directive 2005/36/EC
Article 46 – paragraph 3
Article 46 – paragraph 3
3. The remunerated traineeship mustshall be carried out in a Member State, under the supervision of a person providing adequate guarantees regarding their ability to provide practical training. It mustshall be undertaken after the completion of the study referred to in paragraph 1. The completion of the remunerated traineeship mustshall be attested to in a certificate accompanying the evidence of formal qualifications.
Amendment 560 #
Proposal for a directive
Article 1 – paragraph 1 – point 35
Article 1 – paragraph 1 – point 35
Directive 2005/36/EC
Article 49a – paragraph 1
Article 49a – paragraph 1
1. For the purpose of this Article, “common training framework” shall mean a common set of knowledge, skills and competences necessary for the pursuit of a specific profession. A common training framework may be set up within the territory of a Member State on the conditions and the manner laid down in this Article. For the purpose of access to and pursuit of such profession, a Member State shall give evidence of qualifications acquired on the basis of such framework the same effect in its territory as the evidence of formal qualifications which it itself issues, on condition that such framework fulfils the criteria set under paragraph 2. Such criteria shall respect the specifications referred to in paragraph 3.
Amendment 563 #
Proposal for a directive
Article 1 – paragraph 1 – point 35 (new)
Article 1 – paragraph 1 – point 35 (new)
Directive 2005/36/EC
Article 49 a – paragraph 2 a (new)
Article 49 a – paragraph 2 a (new)
2a. The provisions of paragraph 1 shall not apply to the professions of doctors, nurses responsible for general care, dental practitioners, veterinary surgeons, midwives, pharmacists and architects which are based on the fundamental principle of automatic recognition of the evidence of formal qualifications on the basis of coordinated minimum conditions for training.
Amendment 581 #
Proposal for a directive
Article 1 – paragraph 1 – point 35
Article 1 – paragraph 1 – point 35
Directive 2005/36/EC
Article 49 a – paragraph 3
Article 49 a – paragraph 3
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 58a specifying the minimum common set of knowledge, skills and competences as well as the qualifications on theeach specific common training framework.
Amendment 594 #
Proposal for a directive
Article 1 – paragraph 1 – point 36 (new)
Article 1 – paragraph 1 – point 36 (new)
Directive 2005/36/EC
Article 49 b – paragraph 3 a a (new)
Article 49 b – paragraph 3 a a (new)
3aa. Exchange of information between competent authorities of different Member States under this Article shall take place via the Internal Market information System (IMI).
Amendment 606 #
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 patient safety implications, Member States may confer to the competent authorities the right to carry out or to supervise the verification of language checking covering all professionals concerned if the professional intends to work or is working in a self employed capacity or it is expressly requested by the national health care system, (or in case of self-employed professprivate organisationals not affiliated to the nationals health care system, by representative national patientthe organisations).
Amendment 613 #
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 3
Article 53 – paragraph 2 – subparagraph 3
Any language controls shall be limited to the knowledge of one of the official languages of the Member State according to the choice of the person concerned, it shall be proportionate to the activity to be pursued and. Any free of charge for the professionals which the applicant may incur in relation to the verification of language shall be reasonable and proportionate. The person concerned shall be allowed to appeal such controls before the national courts.
Amendment 625 #
Proposal for a directive
Article 1 – paragraph 1 – point 39
Article 1 – paragraph 1 – point 39
Directive 2005/36/EC
Article 55 a – Title
Article 55 a – Title
Recognition of remuneratmandatory supervised traineeship
Amendment 642 #
Proposal for a directive
Article 1 – paragraph 1 – point 39 (new)
Article 1 – paragraph 1 – point 39 (new)
Directive 2005/36/EC
Article 55 b (new)
Article 55 b (new)
55 b. Any fees which applicants may incur in relation to additional controls shall be commensurate with the costs incurred and of an amount comparable to those required of domestic or non-EU professionals.
Amendment 644 #
Proposal for a directive
Article 1 – paragraph 1 – point 41
Article 1 – paragraph 1 – point 41
Directive 2005/36/EC
Article 56 – paragraph 2 – subparagraph 1
Article 56 – paragraph 2 – subparagraph 1
The competent authorities of the host and home Member States shall exchange 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 under this Directive, respecting personal data protection legislation provided for in Directive 95/46/EC and Directive 2002/58/EC of the European Parliament and of the Council (*) To this end, competent authorities shall use the Internal Market Information System (IMI).
Amendment 647 #
Proposal for a directive
Article 1 – paragraph 1 – point 42
Article 1 – paragraph 1 – point 42
Directive 2005/36/EC
Article 56 a – paragraph 1
Article 56 a – paragraph 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 or restricted by national authorities or courts from pursuing, even temporarily, on the territory of that Member State the following professional activities:
Amendment 656 #
Proposal for a directive
Article 1 – paragraph 1 – point 42 (new)
Article 1 – paragraph 1 – point 42 (new)
Directive 2005/36/EC
Article 56 a – paragraph 1 – point j a (new)
Article 56 a – paragraph 1 – point j a (new)
(ja) Professionals subject to the general system of recognition, under Title III chapters I and II, that have implications for patient safety.
Amendment 658 #
Proposal for a directive
Article 1 – paragraph 1 – point 42
Article 1 – paragraph 1 – point 42
Directive 2005/36/EC
Article 56 a – paragraph 1 – subparagraph 2
Article 56 a – paragraph 1 – subparagraph 2
The information referred to in the first subparagraph shall be sent at the latest within three days from the date of adoption of the decision prohibiting the professional concerned from exercising a professional activity via the Internal Market Information System (IMI).
Amendment 662 #
Proposal for a directive
Article 1 – paragraph 1 – point 42 (new)
Article 1 – paragraph 1 – point 42 (new)
Directive 2005/36/EC
Article 56 a – paragraph 2 a (new)
Article 56 a – paragraph 2 a (new)
Member States should inform without delay other Member States included in paragraph 1 and 2, when an applicant presents false information including false evidence of training and education.
Amendment 700 #
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 as mentioned under recital 24. That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
Amendment 710 #
Proposal for a directive
Article 1 – paragraph 1 – point 47 (new)
Article 1 – paragraph 1 – point 47 (new)
Directive 2005/36/EC
Article 58 a – paragraph 2 a (new)
Article 58 a – paragraph 2 a (new)
2 a. The power to adopt delegated acts referred to in Articles 24(a), 25(5), 26, 31(2), 34(2), 40(1), 49(3) and 49b(3) requires the Commission to consult Member States and relevant stakeholders which may include competent authorities and representative bodies before the delegated act is adopted.
Amendment 714 #
Proposal for a directive
Article 1 – paragraph 1 – point 48
Article 1 – paragraph 1 – point 48
1. Member States shall notify to the Commission a list of existing regulated professions according to their national law bin their territory [insert date – end of transposition period]. Any change to this list of regulated professions shall also be notified to the Commission without delay. The Commission shall set up and maintain a publicly available database for such information.
Amendment 716 #
Proposal for a directive
Article 1 – paragraph 1 – point 48
Article 1 – paragraph 1 – point 48
Directive 2005/36/EC
Article 59 – paragraph 2
Article 59 – paragraph 2
2. Member States shall examine whether under their legal system requirements under their legal system restricting the access to a profession or its pursuit to the holders of a specific professional qualification, including the use of professional titles and the professional activities allowed under such title, isreferred to in Article as "requirements" are compatible with the following principles:
Amendment 717 #
Proposal for a directive
Article 1 – paragraph 1 – point 48
Article 1 – paragraph 1 – point 48
Directive 2005/36/EC
Article 59 – paragraph 2 – point a
Article 59 – paragraph 2 – point a
(a) requirements must be neither directly nor indirectly discriminatory according to theon the basis of nationality nor the residence;
Amendment 718 #
Proposal for a directive
Article 1 – paragraph 1 – point 48
Article 1 – paragraph 1 – point 48
Directive 2005/36/EC
Article 59 – paragraph 2 – point b
Article 59 – paragraph 2 – point b
(b) requirements must be justified by an overriding reason relating to athe public interest;
Amendment 720 #
Proposal for a directive
Article 1 – paragraph 1 – point 48
Article 1 – paragraph 1 – point 48
Directive 2005/36/EC
Article 59 – paragraph 3
Article 59 – paragraph 3
3. Paragraph 1 shall also apply to professions regulated in a Member State by an association or organisation within the meaning of Article 3(2) and any requirements related to the need for membershipfor membership of those associations or organisations.
Amendment 721 #
Proposal for a directive
Article 1 – paragraph 1 – point 48
Article 1 – paragraph 1 – point 48
Directive 2005/36/EC
Article 59 – paragraph 4
Article 59 – paragraph 4
4. By [insert date - end of transposition period], Member States shall provide information on the requirements they intend to maintain and the reasons for considering that theirose requirements comply with paragraph 2. Member States shall provide information on the requirements they subsequently introduced and the reasons for considering that those requirements comply with paragraph 2 within six months of the adoption of the measure.