25 Amendments of Robert ROCHEFORT related to 2011/0435(COD)
Amendment 105 #
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 professionalsgrant partial access. In respect of professions with implications for public health, safety or health monitoring, a Member State could refuse to grant partial access were it to consider the quality of service provided to be lower. In case of overriding reasons of general interest, a Member State should always be able to refuse partial access.
Amendment 115 #
Proposal for a directive
Recital 7
Recital 7
(7) Directive 2005/36/EC should also cover notaries. For recognition requests for establishment, Member States should be able to impose the necessary aptitude test or adaptation period to avoid any discrimination in the national selection and nomination procedures. In the case of free provision of services, notaries should not be able to draw up authentic instruments and carry out other activities of authentication which require the seal of the hostnot apply to the profession of notary in connection with recognition requests for establishment or the provision of services in another Member State.
Amendment 134 #
Proposal for a directive
Recital 18 a (new)
Recital 18 a (new)
(18a) Common training frameworks should also make it possible for regulated professions which are subject to an automatic recognition procedure based on coordination of minimum training conditions under Chapter III of Title III and in which new specialities are not covered by that automatic recognition procedure to secure recognition of such specialities on the basis of an automatic procedure.
Amendment 148 #
Proposal for a directive
Recital 20
Recital 20
(20) Graduates wishing to pursue a remunerated traineeshiptraineeship which forms part of the training for a regulated profession and on which the validity of evidence of formal qualifications depends in another Member State where such traineeship is possible should be covered by Directive 2005/36/EC in order to foster their mobility. It is also necessary to provide for the recognition of their traineeship by the home Member State.
Amendment 168 #
Proposal for a directive
Recital 26
Recital 26
(26) The advisory procedure should be used for the adoption of implementing acts in order to lay down common and uniform rules regarding the specification of European Professional Cards for specific professions, the format of the European Professional Card, the translations necessary to support an application for issuing a European Professional Card, details for the assessment of the applications for a European Professional Card, the technical specifications and 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, the conditions of access to the IMI file, the technical means and the procedures for the verification of the authenticity and validity of a European Professional Card and the implementation of the alert mechanism, due to the technical nature of those implementing acts.
Amendment 171 #
Proposal for a directive
Recital 26 a (new)
Recital 26 a (new)
(26a) The examination procedure should be used for the adoption of implementing acts in order to lay down common and uniform rules governing whether or not a European Professional Card should be introduced for a regulated profession.
Amendment 183 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2005/36/EC
Article 1 – paragraph 2
Article 1 – paragraph 2
This Directive also establishes rules concerning partial access to a regulated profession and access to and recognition of remunerated traineeships pursued in another Member State which form part of the training for a regulated profession and on which the validity of evidence of formal qualifications depends.
Amendment 192 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2005/36/EC
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Directive shall apply to all nationals of a Member State wishing to pursue a regulated profession or a remunerated traineeshiptraineeship which forms part of the training for a regulated profession and on which the validity of evidence of formal qualifications depends in a Member State, including those belonging to the liberal professions, other than that in which they obtained their professional qualifications, on either a self-employed or employed basis.
Amendment 203 #
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 j
Article 3 – paragraph 1 – point j
(j) 'remunerated traineeship'‘traineeship which forms part of the training for a regulated profession and on which the validity of evidence of formal qualifications depends’: the pursuit of supervised and remunerated activities, with a view to access to a regulated profession granted on the basis of an examination;
Amendment 237 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4 a – paragraph 6
Article 4 a – paragraph 6
6. TAt the request of professional organisations wishing to introduce European Professional Cards for the professions they represent, the Commission shall adopt implementing acts specifying European Professional Cards for specific professions, 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 advisoryexamination procedure referred to in Article 58(3).
Amendment 331 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
2005/36/CE
Article 4 f – paragraph 1
Article 4 f – paragraph 1
1. THaving consulted representative stakeholders, the competent authority of the host Member State shall grant partial access to a professional activity in its territory provided that the following conditions are fulfilled:
Amendment 337 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 (new)
Article 1 – paragraph 1 – point 5 (new)
2005/36/CE
Article 4 f – paragraph 1 – point b (new)
Article 4 f – paragraph 1 – point b (new)
b a) opening up a professional activity with implications for public health, safety or health monitoring to partial access does not result in the quality of the service normally offered in the host member State being undermined.
Amendment 357 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
2005/36/CE
Article 4 f – paragraph 2
Article 4 f – paragraph 2
2. Partial access may be rejected if such rejection is justified by an overriding reason of general interest, such as public healthrelating to the public interest, it would secure the attainment of the objective pursued and it would not go beyond what is strictly necessary.
Amendment 378 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point a
Article 1 – paragraph 1 – point 6 – point a
2005/36/CE
Article 5 – paragraph 1 – point bb)
Article 5 – paragraph 1 – point bb)
Amendment 387 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point b
Article 1 – paragraph 1 – point 6 – point b
Amendment 430 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point c
Article 1 – paragraph 1 – point 12 – point c
Amendment 544 #
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 at a university or comparable teaching institution leading to successful completion of a university-level examination and at least two years of remunerated traineeshiptraineeship which form part of the training for a regulated profession and on which the validity of evidence of formal qualifications depends;
Amendment 551 #
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 b)
Article 46 – paragraph 1 – point b)
(b) at least five years of full-time study at a university or comparable teaching institution leading to successful completion of a university-level examination and at least one year of remunerated traineeship.traineeship which forms part of the training for a regulated profession and on which the validity of evidence of formal qualifications depends;
Amendment 558 #
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 traineeshiptraineeship referred to in paragraph 1 must be carried out in a Member State, under the supervision of a person providing adequate guarantees regarding their ability to provide practical training. It must be undertaken after the completion of the study referred to in paragraph 1. The completion of the remunerated traineeship must be attested to in a certificate accompanying the evidence of formal qualifications.
Amendment 577 #
Proposal for a directive
Article 1 – paragraph 1 – point 35
Article 1 – paragraph 1 – point 35
Directive 2005/36/EC
Article 49 a – paragraph 2 – point e
Article 49 a – paragraph 2 – point e
e) the profession concerned is neitherot covered by another common training framework nor regulated already under Chapter III of Title III;
Amendment 614 #
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 control shall be limited to the knowledge of one of the official languages of the Member State according towhich the choice of the person concerned,lder of a professional qualification needs in order to pursue his profession; it shall be proportionate to the activity to be pursued and free of charge for the professional. The person concerned shall be allowed to appeal such controls before national courts.
Amendment 632 #
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 remunerated traineeshiptraineeships which form part of the training for a regulated profession and on which the validity of evidence of formal qualifications depends
Amendment 640 #
Proposal for a directive
Article 1 – paragraph 1 – point 39
Article 1 – paragraph 1 – point 39
Directive 2005/36/EC
Article 55 a
Article 55 a
With a view to grant access to a regulated profession, the home Member State shall recognise the remunerated traineeshiptraineeship, which forms part of the training for a regulated profession and on which the validity of evidence of formal qualifications depends, pursued in another Member State and certified by a competent authority of that Member State.
Amendment 657 #
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) professions covered by the automatic recognition procedure under Chapter III of Title III of this Directive which are subject to a common training framework to ensure the relevant specialities are recognised in another Member State, with the exception of the profession of architect;
Amendment 707 #
Proposal for a directive
Article 1 – paragraph 1 – point 46 (new)
Article 1 – paragraph 1 – point 46 (new)
Directive 2005/36/EC
Article 58 – paragraph 2 a (new)
Article 58 – paragraph 2 a (new)
2a. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.