Progress: Procedure lapsed or withdrawn
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | IMCO | SCHIEDER Andreas ( S&D) | ŠTEFANEC Ivan ( EPP), LØKKEGAARD Morten ( Renew), VAN SPARRENTAK Kim ( Verts/ALE), MAZUREK Beata ( ECR), PELLETIER Anne-Sophie ( GUE/NGL) |
Former Responsible Committee | IMCO | ||
Committee Opinion | PETI | ||
Committee Opinion | LIBE | ||
Committee Opinion | CONT | ||
Committee Opinion | ECON | ||
Committee Opinion | JURI | ||
Committee Opinion | ITRE | ||
Committee Opinion | EMPL | ||
Committee Opinion | ENVI | ||
Committee Opinion | CULT | ||
Former Committee Opinion | CONT | ||
Former Committee Opinion | ITRE | ||
Former Committee Opinion | LIBE | ||
Former Committee Opinion | EMPL | ||
Former Committee Opinion | PETI | ||
Former Committee Opinion | ENVI | ||
Former Committee Opinion | CULT | ||
Former Committee Opinion | JURI | ||
Former Committee Opinion | ECON |
Lead committee dossier:
Legal Basis:
TFEU 053-p1, TFEU 062, TFEU 114
Legal Basis:
TFEU 053-p1, TFEU 062, TFEU 114Subjects
Events
The Committee on the Internal Market and Consumer Protection adopted the report by Sergio GUTIÉRREZ PRIETO (S&D, ES) on the proposal for a directive of the European Parliament and of the Council on the enforcement of the Directive 2006/123/EC on services in the internal market, laying down a notification procedure for authorisation schemes and requirements related to services, and amending Directive 2006/123/EC and Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System.
As a reminder, the proposal aims to increase the efficiency of the notification procedure for better application of the Services Directive in order to facilitate the freedom of establishment of service providers and the freedom to provide services in the single market.
The committee recommended that the European Parliament’s position adopted at first reading under the ordinary legislative procedure should amend the Commission proposal as follows.
Derogations from the notification obligation : in order to ensure that the notification obligation on such authorities is proportionate, Members considered that draft measures implementing authorisation schemes or requirements which have already been notified to the Commission and adopted by the Member State concerned at national level should not be subject to notification.
In addition, Member States shall not be obliged to notify, prior to their adoption, the modifications to a draft measure that is already subject to an ongoing notification procedure, made by a Member State parliament at national or regional level, The Member State concerned may adopt such measures as modified and shall notify them to the Commission without delay, and at the latest two weeks after their adoption.
Members also considered that the obligation to notify a draft measure prior to its adoption shall not apply when a Member State has to adopt an urgent measure very quickly due to serious and unforeseeable circumstances relating to public policy, public security, public health or the protection of the environment.
This exception shall not be used to circumvent the implementation of the notification procedure laid down in this Directive. As a result, Member States should notify all such adopted measures to the Commission, together with their content and the reasons for the urgency that triggered their adoption, without undue delay and in any case not later than the day on which those urgent measures were adopted .
Consultation : the Commission shall facilitate the possibility to comment on the notifications made by Member States within the consultation period and inform the Member State concerned of relevant feedback, if it considers this to be necessary.
Alerts : the proposal provides that if the Commission expresses concerns (an ‘alert’) about the compatibility of the notified draft measure with the Services Directive, the notifying Member State may not adopt the measure in question for a period of three months after the closure of the consultation period organised between the notifying Member State, the other Member States and the Commission.
Members consider that the receipt of an alert shall not prevent the Member State from adopting the corresponding legislation, Regulation or administrative act after the period of three months has passed.
PURPOSE: to lay down a notification procedure for the better enforcement of the ‘Services’ Directive in order to facilitate the freedom of establishment for services providers and the freedom to provide services in the single market.
PROPOSED ACT: Directive of the European Parliament and of the Council.
ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.
BACKGROUND: Directive 2006/123/EC of the European Parliament and of the Council provides, inter alia, that authorisation schemes and certain types of requirements related to services must be non-discriminatory with regard to nationality or residence, justified by an overriding reason related to the public interest.
To make sure that new measures imposed by Member States actually fulfil these conditions and thus facilitate the competitiveness and integration of the single market in services, the Services Directive provides that Member States shall notify to the Commission new or changed authorisation schemes or certain new or changed requirements falling under the Directive.
Commission assessments have shown, however, that the current notification procedure under the Services Directive does not always achieve its objective. The Commission therefore presents a self-standing legislative instrument modernising the current notification procedure under the Services Directive in order to improve the enforcement of the existing provisions of that Directive.
This proposal is included in the continuation of the Single Market Strategy .
The European Council called for ambition in delivering the Single Market Strategy and for the different Single Market strategies to be completed and implemented by 2018.
IMPACT ASSESSMENT: the preferred choice is a combination of options to use a legislative initiative to enable identified shortcomings to be addressed and establish an effective and efficient notification procedure with only a small increase in administrative costs for national public authorities and the Commission.
CONTENT: the notification procedure established by the proposed Directive aims to ensure that certain national restrictions to the freedom of establishment and to the freedom to provide services will comply with the Services Directive, contributing to its better enforcement.
Notification obligation : Member States shall notify to the Commission any draft measure that introduces new requirements or authorisation schemes, or modifies such existing requirements or authorisation schemes.
The proposal also provides that Member States have to notify authorisation schemes, certain establishment requirements, certain requirements affecting the freedom to provide services and requirements concerning professional liability insurance and multidisciplinary activities.
Consultation, alert and Decision : the proposal establishes a consultation period of three months following the notification of a draft measure. The Commission and other Member States have a maximum of two months to comment on a notified measure, followed by a maximum of one month for the notifying Member State to respond to such comments.
The Commission may issue an alert to the notifying Member State where after assessing the notified measure it has concerns about its compliance with the Services Directive. The issuing of an alert implies that the Member State concerned shall not adopt the notified measure at issue for three months.
After an alert has been issued, the Commission may adopt a legally binding Decision finding the notified measure to be incompatible with the Services Directive and requesting the notifying Member State to refrain from adopting it.
Information to the public : the proposal provides for transparency to third parties of notified draft measures, accompanying information and the final adopted measures.
In order to ensure an effective exchange of information between the Member States and the Commission, the Internal Market Information System set up by Regulation (EU) No 1024/2012 (IMI Regulation) of the European Parliament and of the Council should continue to be used under this Directive.
Documents
- Results of vote in Parliament: Results of vote in Parliament
- Committee report tabled for plenary, 1st reading: A8-0396/2017
- Committee of the Regions: opinion: CDR1195/2017
- Committee draft report: PE606.190
- Economic and Social Committee: opinion, report: CES0729/2017
- Contribution: COM(2016)0821
- Contribution: COM(2016)0821
- Contribution: COM(2016)0821
- Contribution: COM(2016)0821
- Contribution: COM(2016)0821
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2016)0434
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2016)0435
- Legislative proposal published: COM(2016)0821
- Legislative proposal published: EUR-Lex
- Document attached to the procedure: EUR-Lex SWD(2016)0434
- Document attached to the procedure: EUR-Lex SWD(2016)0435
- Economic and Social Committee: opinion, report: CES0729/2017
- Committee draft report: PE606.190
- Committee of the Regions: opinion: CDR1195/2017
- Contribution: COM(2016)0821
- Contribution: COM(2016)0821
- Contribution: COM(2016)0821
- Contribution: COM(2016)0821
- Contribution: COM(2016)0821
Votes
A8-0396/2017 - Sergio Gutiérrez Prieto - Décision d'engager des négociations interinstitutionnelles 14/12/2017 12:09:41.000 #
Amendments | Dossier |
217 |
2016/0398(COD)
2017/09/07
IMCO
217 amendments...
Amendment 100 #
Proposal for a directive Recital 15 (15) Failure to comply with the obligation to notify draft measures
Amendment 101 #
Proposal for a directive Recital 15 (15) Failure to comply with the obligation to notify draft measures at least three months prior to their adoption and/or to refrain from adopting the notified measure during this period and, as the case may be, during the 3 months following the reception of an alert,
Amendment 102 #
Proposal for a directive Recital 15 (15) Failure to comply with the obligation to notify draft measures at least
Amendment 103 #
Proposal for a directive Recital 16 (16) T
Amendment 104 #
Proposal for a directive Recital 16 (16)
Amendment 105 #
Proposal for a directive Recital 16 (16) To ensure the efficiency, effectiveness and coherence of the notification procedure, the Commission should retain the power to adopt Decisions requiring the Member State in question to refrain from adopting notified measures or, if already adopted, to repeal them, where they violate Directive 2006/123/EC or, in the case of urgency measures, where they do not meet the necessary conditions to be considered justified.
Amendment 106 #
Proposal for a directive Recital 16 (16) To ensure the efficiency, effectiveness and coherence of the notification procedure, the Commission should
Amendment 107 #
Proposal for a directive Recital 16 (16) To ensure the efficiency, effectiveness and coherence of the notification procedure, the Commission
Amendment 108 #
Proposal for a directive Recital 16 (16) To ensure the efficiency, effectiveness and coherence of the notification procedure, the Commission should retain the power to adopt
Amendment 109 #
(16) To ensure the efficiency, effectiveness and coherence of the notification procedure, the Commission
Amendment 110 #
Proposal for a directive Recital 16 (16)
Amendment 111 #
Proposal for a directive Recital 16 a (new) (16a) When adopting a decision, the Commission shall ensure that the Member State which is the subject of that decision has the opportunity to inform the Commission of its position on the concerns raised on the compatibility of the measure with Directive 2006/123/EC. Decisions are subject to the control of the legality by the Court of Justice of the European Union, in line with the powers conferred to the Court by the Treaties.
Amendment 112 #
Proposal for a directive Recital 16 b (new) (16b) With regard to authorisation schemes; requirements affecting the freedom to provide services and multi- disciplinary restrictions, the Commission should be given the possibility to adopt recommendations requesting the Member State in question to adapt the notified measures in order to address the serious concerns about the compatibility of those measures with Directive 2006/123/EC.
Amendment 113 #
Proposal for a directive Recital 17 (17)
Amendment 114 #
Proposal for a directive Recital 17 (17) Interested third parties should be given access to notifications sent by Member States in order to make them aware of planned authorisation schemes or certain requirements related to services in markets in which they actually or potentially operate and to enable them to provide comments thereon. The possibility for third parties to comment on the notifications made by the Member States should be facilitated by the Commission.
Amendment 115 #
Proposal for a directive Recital 17 (17) Interested third parties, including professional organisations, should be given access to notifications sent by Member States in order to make them aware of planned authorisation schemes or certain requirements related to services in markets in which they actually or potentially operate and to enable them to provide comments thereon.
Amendment 116 #
Proposal for a directive Recital 17 (17)
Amendment 117 #
Proposal for a directive Recital 17 (17)
Amendment 118 #
Proposal for a directive Recital 17 (17) Interested third parties should be given access to notifications sent by Member States in order to make them aware of planned authorisation schemes or certain requirements related to services in markets in which they actually or potentially operate
Amendment 119 #
Proposal for a directive Recital 17 (17) Interested third parties
Amendment 120 #
Proposal for a directive Recital 18 (18) This Directive does not affect the obligations of Member States to notify the requirements related to information society services under Directive (EU) 2015/1535. In order to avoid duplications of notifications, a notification carried out under that Directive
Amendment 121 #
Proposal for a directive Recital 19 (19) For the same reason, a notification completed under
Amendment 122 #
Proposal for a directive Recital 20 Amendment 123 #
Proposal for a directive Article 1 – paragraph 1 This Directive lays down rules on the notification by Member States of draft laws, regulations or administrative provisions introducing new, or amending existing authorisation schemes and certain requirements falling under the scope of Directive 2006/123/EC. The following shall not fall within the scope of this Directive: provisions relating to town planning, land development and use instruments, urban and rural planning, building regulations and management of national security.
Amendment 124 #
Proposal for a directive Article 2 – paragraph 2 – point a (a) 'draft measure' means a text laying down an authorisation scheme or a requirement, within the meaning of Article 4(6) and (7) of Directive 2006/123/EC, respectively, formulated with the view of having it enacted as a law, regulation or administrative provision of a general nature,
Amendment 125 #
Proposal for a directive Article 2 – paragraph 2 – point b (b) 'adoption' means the decision in a Member State
Amendment 126 #
Proposal for a directive Article 3 – paragraph 1 1. Member States shall notify to the Commission any draft measure that introduces new requirements or authorisation schemes referred to in Article 4, or modifies such existing requirements or authorisation schemes, except when the introduction or modification of the measure meets one of the conditions set out in paragraph 1a.
Amendment 127 #
Proposal for a directive Article 3 – paragraph 1 1. Member States shall notify to the Commission any draft measure that introduces new requirements or authorisation schemes referred to in Article 4, or m
Amendment 128 #
Proposal for a directive Article 3 – paragraph 1 1. Member States shall notify to the Commission any draft measure that introduces new requirements or authorisation schemes referred to in Article 4, or significantly modifies such existing requirements or authorisation schemes.
Amendment 129 #
Proposal for a directive Article 3 – paragraph 1 a (new) 1a. The notification obligation should not, however, apply to: 1. decisions addressed to a specific service provider; 2. draft rules laid down in collective agreements negotiated by the social partners that are not seen as requirements within the meaning of this Directive; 3. provisions laid down by the highway code; 4. draft rules relating to the development and location of homes, urban and rural planning and buildings regulations; 5. administrative sanctions imposed for failure to comply with such rules unless they specifically govern or affect service activities; 6. draft implementation measures for binding acts of the Union in the Member State, when those acts contain uniform provisions to be implemented and where there is no divergence from the rules of the Member States which may result in barriers for the single market.
Amendment 130 #
Proposal for a directive Article 3 – paragraph 1 a (new) Amendment 131 #
Proposal for a directive Article 3 – paragraph 1 a (new) Amendment 132 #
Proposal for a directive Article 3 – paragraph 2 2. Where a Member State significantly modifies a notified draft measure with the effect of
Amendment 133 #
Proposal for a directive Article 3 – paragraph 2 2. Where a Member State substantially modifies a
Amendment 134 #
Proposal for a directive Article 3 – paragraph 2 2. Where a Member State substantially modifies a
Amendment 135 #
Proposal for a directive Article 3 – paragraph 2 2. Where a Member State heavily modifies a previously notified draft measure
Amendment 136 #
Proposal for a directive Article 3 – paragraph 2 a (new) Amendment 137 #
Proposal for a directive Article 3 – paragraph 2 a (new) 2a. Member States are not obliged to notify the changes made during the parliamentary procedure to a draft measure that has been already notified. The same applies to draft measures belonging to the institutions of chambers formed by free, equal and secret ballot. However, Member States shall notify the draft measure containing those changes to the Commission once it has been adopted.
Amendment 138 #
Proposal for a directive Article 3 – paragraph 2 a (new) 2 a. In case a draft measure subject to an ongoing notification procedure is amended by Member States Parliaments, such measure may be adopted, as modified, by Member States Parliaments. Member States shall notify such modification within two weeks after the adoption of the measure.
Amendment 139 #
Proposal for a directive Article 3 – paragraph 3 Amendment 140 #
Proposal for a directive Article 3 – paragraph 3 3. Draft measures referred to in paragraph
Amendment 141 #
Proposal for a directive Article 3 – paragraph 3 3. Draft measures referred to in paragraph
Amendment 142 #
Proposal for a directive Article 3 – paragraph 3 a (new) 3 a. Member States shall not be obliged to notify draft measures implementing authorisation schemes or requirements which have already been notified to the Commission and adopted by the Member State concerned at national level and that do not alter the scope, content or are more restrictive schemes or requirements than the earlier adopted measure.
Amendment 143 #
Proposal for a directive Article 3 – paragraph 3 a (new) 3 a. Member States shall not be obliged to notify draft measures implementing authorisation schemes or requirements which have already been notified to the Commission and adopted in the Member State concerned, in so far as those measures do not extend the scope or content, or make the already notified authorisation schemes or requirements more restrictive for the establishment or the cross-border provision of services.
Amendment 144 #
Proposal for a directive Article 3 – paragraph 3 a (new) 3a. Member States shall not notify draft measures repealing authorisation schemes or requirements or measures implementing authorisation schemes that have already been notified to the Commission. Measures implementing binding acts of the Union should also be excluded from the notification obligation.
Amendment 145 #
Proposal for a directive Article 3 – paragraph 3 a (new) 3 a. Draft measures necessary for the implementation of binding Union Acts shall not be covered by a notification obligation. Member States shall also not be obliged to notify draft measures which solely include the repeal of authorisation schemes or requirements.
Amendment 146 #
Proposal for a directive Article 3 – paragraph 4 Amendment 147 #
Proposal for a directive Article 3 – paragraph 4 Amendment 148 #
Proposal for a directive Article 3 – paragraph 4 4.
Amendment 149 #
Proposal for a directive Article 3 – paragraph 4 4. The breach of one of the obligations set out in Article 3(1)
Amendment 150 #
Proposal for a directive Article 3 – paragraph 4 4. The breach of one of the obligations set out in
Amendment 151 #
Proposal for a directive Article 3 – paragraph 4 4. The breach of one of the obligations set out in Article 3(1), (2), (3) and
Amendment 152 #
Proposal for a directive Article 3 – paragraph 4 4. The breach of one of the obligations set out in Article 3(1), (2), and (2a), (3) and (3a) or in Article 6(2) shall constitute a substantial procedural defect of a serious nature as regards its effects vis-à- vis individuals.
Amendment 153 #
Proposal for a directive Article 3 – paragraph 4 4. The breach of one of the
Amendment 154 #
Proposal for a directive Article 3 – paragraph 4 4. The breach of one of the obligations set out in Article 3(1), (2) and (3) or in Article 6(2)
Amendment 155 #
Proposal for a directive Article 3 – paragraph 5 Amendment 156 #
Proposal for a directive Article 3 – paragraph 5 – subparagraph 1 Member States shall, as part of any notification, provide information
Amendment 157 #
Proposal for a directive Article 3 – paragraph 5 – subparagraph 1 Member States shall, as part of any notification,
Amendment 158 #
Proposal for a directive Article 3 – paragraph 5 – subparagraph 2 Amendment 159 #
Proposal for a directive Article 3 – paragraph 5 – subparagraph 2 Amendment 160 #
Proposal for a directive Article 3 – paragraph 5 – subparagraph 2 That information shall identify the overriding reason relating to the public interest pursued and
Amendment 161 #
Proposal for a directive Article 3 – paragraph 5 – subparagraph 2 That information shall identify the overriding reason relating to the public interest pursued and give the reasons why the notified authorisation scheme or requirement is n
Amendment 162 #
That information shall identify the overriding reason relating to the public interest pursued and give the reasons why the notified authorisation scheme or requirement is non-discriminatory
Amendment 163 #
Proposal for a directive Article 3 – paragraph 5 – subparagraph 2 That information shall identify the overriding reason relating to the public interest pursued and give the reasons why the notified authorisation scheme or requirement is non-discriminatory
Amendment 164 #
Proposal for a directive Article 3 – paragraph 5 – subparagraph 2 That information shall identify the overriding reason relating to the public interest pursued and
Amendment 165 #
Proposal for a directive Article 3 – paragraph 5 – subparagraph 3 Amendment 166 #
Proposal for a directive Article 3 – paragraph 5 – subparagraph 3 Amendment 167 #
Proposal for a directive Article 3 – paragraph 5 – subparagraph 3 That information shall include an assessment demonstrating that the draft measure does not go beyond what is necessary to obtain the objective pursued and that less restrictive means are not available, as well as specific evidence substantiating the arguments put forward by the notifying Member State.
Amendment 168 #
Proposal for a directive Article 3 – paragraph 5 a (new) 5a. The European Commission shall formulate guidelines on the procedure and methodology to be applied by Member States, including professional organisations, in carrying out an analysis of the proportionality of the draft measure notified.
Amendment 169 #
Proposal for a directive Article 3 – paragraph 5 a (new) 5a. The Commission shall provide guidelines on the procedure and methodology that the Member States, including professional organisations, must follow to perform the proportionality analysis.
Amendment 170 #
Proposal for a directive Article 3 – paragraph 8 a (new) Amendment 171 #
Proposal for a directive Article 3 – paragraph 8 a (new) 8 a. Paragraphs (3) and (3a) shall not apply when a Member State has to adopt urgent measures due to serious and unforeseeable circumstances related to the protection of public order, public safety, public health or the protection of the environment. The Member State shall notify the Commission of the urgent measure and the reasons for the urgency that triggered its adoption not later than the day on which that urgent measure is adopted. The Commission shall give its views on this communication as soon as possible. It shall take appropriate action in cases where improper use is made of this procedure.
Amendment 172 #
Proposal for a directive Article 3 – paragraph 8 a (new) 8a. Paragraph 3 shall not apply when a Member State has to adopt urgent measures to protect public order, public security, public health, or objectives relating to social policy, environmental protection, safeguarding of cultural heritage or other overriding reasons relating to the public interest. Member State shall notify the Commission without undue delay of the content of such measures and the urgent grounds on which adoption was considered necessary.
Amendment 173 #
Proposal for a directive Article 3 a (new) Article 3 a Urgency procedure 1. A Member State may derogate from the obligations set out in Article 3(1), (2), (3) in cases where, for urgent reasons occasioned by serious and unforeseeable circumstances relating to the protection of the health and safety of persons or the environment, the Member State is obliged to prepare draft measures in a very short space of time in order to adopt them immediately without any consultation being possible. Such measures shall apply for a maximum period of three months. 2. Urgency measures referred to in paragraph 1 shall be communicated to the Commission immediately upon their adoption. 3. In the communication, the Member State shall provide the reasons which warrant the urgency of the adopted measure. 4. Upon receipt of the communication referred to in paragraph 2, the Commission may assess the compatibility of the communicated measure with the conditions set out in paragraph 1 and, where the Commission considers that a measure does not comply with those conditions, it may adopt a Decision finding the draft measure to be incompatible with Directive 2006/123/EC and requiring the Member State concerned to repeal the urgency measure.
Amendment 174 #
Proposal for a directive Article 4 – paragraph 1 – introductory part Member States shall notify the following authorisation schemes and requirements, subject to the requirements excluded in recital 7b of this Directive, and recital 9 of Directive 2006/123/EC:
Amendment 175 #
Proposal for a directive Article 4 – paragraph 1 – introductory part Member States shall notify the following authorisation schemes and requirements, subject to the requirements expressly excluded by recital 9 of Directive 2006/123/EC:
Amendment 176 #
Proposal for a directive Article 4 – paragraph 1 – point a Amendment 177 #
Proposal for a directive Article 4 – paragraph 1 – point d Amendment 178 #
Proposal for a directive Article 4 – paragraph 1 – point d Amendment 179 #
Proposal for a directive Article 4 – paragraph 1 – point e a (new) (e a) professional rules on commercial communications as referred to in Article 24(2) of Directive 2006/123/EC
Amendment 180 #
Proposal for a directive Article 4 – paragraph 1 – point e a (new) (e a) requirements on rules for commercial communications referred to in Art.24 of Directive 2006/123
Amendment 181 #
Proposal for a directive Article 5 – paragraph 1 Amendment 182 #
Proposal for a directive Article 5 – paragraph 2 2.
Amendment 183 #
Proposal for a directive Article 5 – paragraph 2 2.
Amendment 184 #
Proposal for a directive Article 5 – paragraph 2 2. As from the date of the Commission informing the notifying Member State of the completeness of a notification received, a consultation of maximum
Amendment 185 #
Proposal for a directive Article 5 – paragraph 3 3. The Commission and Member States may, within a period of
Amendment 186 #
Proposal for a directive Article 5 – paragraph 3 3. The Commission and Member States may, within a period of
Amendment 187 #
Proposal for a directive Article 5 – paragraph 3 3. The Commission and Member States may, within a period of two months as of the beginning of the consultation period referred to in paragraph 2, submit comments that the notified measure may be incompatible with Directive 2006/123/EC and/or other observations to the notifying Member State.
Amendment 188 #
Proposal for a directive Article 5 – paragraph 3 3. The Commission and Member States may, within a period of two months as of the beginning of the consultation period referred to in paragraph 2, submit comments that the notified measure may be incompatible with Directive 2006/123/EC to the notifying Member State.
Amendment 189 #
Proposal for a directive Article 5 – paragraph 4 4. The notifying Member State shall respond to comments submitted by the Commission or other Member States within one month after their reception
Amendment 190 #
Proposal for a directive Article 5 – paragraph 4 4. The notifying Member State shall respond to comments submitted by the Commission or other Member States within one month after their reception and prior to the adoption of the notified measure, either explaining how those comments will be taken into account in the notified measure or indicating the reasons why those comments cannot be taken into account. The Commission shall take the response from the notifying Member State into due account.
Amendment 191 #
Proposal for a directive Article 5 – paragraph 4 a (new) 4a. With regard to draft measures on services, opinions from the Commission or Member States during the consultation may not affect any cultural policy measures, in particular in the audiovisual sphere, which Member States might adopt in accordance with the law of the Union, taking account of their linguistic diversity, their specific national and regional characteristics and their cultural heritage.
Amendment 192 #
Proposal for a directive Article 5 – paragraph 5 5. Where neither the Commission nor other Member States have submitted comments to a notified draft measure within the
Amendment 193 #
Proposal for a directive Article 5 – paragraph 5 5. Where neither the Commission nor other Member States have submitted comments to a notified draft measure within the
Amendment 194 #
Proposal for a directive Article 5 – paragraph 5 5. Where neither the Commission nor other Member States have submitted comments to a notified draft measure within the two months referred to in paragraph 3, the consultation period shall
Amendment 195 #
Proposal for a directive Article 5 – paragraph 5 a (new) 5a. In urgent cases where it is necessary to swiftly adopt a measure to protect public order, security and health or the environment, the consultation period shall be reduced to 14 days. The Commission and Member States may, within a period of seven days as of the beginning of the consultation period, submit comments to the notifying Member State. The notifying Member State shall answer the comments within seven days of receipt and before the notified measure is adopted.
Amendment 196 #
Proposal for a directive Article 5 – paragraph 5 a (new) 5 a. An amended notification made in accordance with Article 3(2a) shall be subject to a consultation period of no less than one month from the date of that amendment being notified, during which the Commission and Member States may issue comments that the notified measure may be incompatible with Directive 2006/123/EC and/or other observations. This provision does not apply to a notification made in accordance with Article 3(2b).
Amendment 198 #
Proposal for a directive Article 6 – paragraph 1 1. Before the closure of the consultation period referred to in Article 5(2), the Commission may
Amendment 199 #
Proposal for a directive Article 6 – paragraph 1 1. Before the closure of the consultation period referred to in Article 5(2), the Commission may alert the notifying Member State of its concerns about the compatibility with Directive 2006/123/EC of the draft measure notified
Amendment 200 #
Proposal for a directive Article 6 – paragraph 1 1. Before the closure of the consultation period referred to in Article 5(2), the Commission may alert the notifying Member State, while complying with the principles of subsidiarity and proportionality, of its concerns about the compatibility with Directive 2006/123/EC of the draft measure notified
Amendment 201 #
1. Before the closure of the consultation period referred to in Article 5(2), the Commission may alert the notifying Member State of its concerns about the compatibility with Directive 2006/123/EC of the draft measure notified and of its intention to
Amendment 202 #
Proposal for a directive Article 6 – paragraph 1 1. Before the closure of the consultation period referred to in Article 5(2), the Commission may alert the notifying Member State of its concerns about the compatibility with Directive 2006/123/EC of the draft measure notified, setting out its reasons in detail, and of its intention to adopt a
Amendment 203 #
Proposal for a directive Article 6 – paragraph 1 1. Before the closure of the consultation period referred to in Article
Amendment 204 #
Proposal for a directive Article 6 – paragraph 1 1. Before the closure of the consultation period referred to in Article 5 (2) and (5a), the Commission may alert the notifying Member State of its concerns about the compatibility with Directive 2006/123/EC of the draft measure notified and of its intention to adopt a Decision referred to in Article 7. The Commission may issue a notice, within three months of the modification of the notification provided for in Article 3, paragraph (2b).
Amendment 205 #
Proposal for a directive Article 6 – paragraph 2 Amendment 206 #
Proposal for a directive Article 6 – paragraph 2 2.
Amendment 207 #
Proposal for a directive Article 6 – paragraph 2 2.
Amendment 208 #
Proposal for a directive Article 6 – paragraph 2 2. Upon receipt of such an alert, the notifying Member State shall not adopt the draft measure for a period of
Amendment 209 #
Proposal for a directive Article 6 – paragraph 2 2. Upon receipt of such an alert, the notifying Member State shall
Amendment 210 #
Proposal for a directive Article 6 – paragraph 2 2.
Amendment 211 #
Proposal for a directive Article 6 – paragraph 2 a (new) 2 a. In case a Member State receives an alert from the Commission regarding a notification of a substantial modification referred to in Article 3 (3a new) it shall refrain from adopting the draft measure for a period of 1 month.
Amendment 212 #
Proposal for a directive Article 6 – paragraph 2 a (new) 2a. The notifying Member State may, within one month, respond to the Commission’s alert by providing further clarifications.
Amendment 213 #
Proposal for a directive Article 6 – paragraph 2 b (new) 2b. Where the Commission deems the clarifications provided by the Member State to be appropriate, it shall inform the Member State accordingly, without unnecessary delay.
Amendment 214 #
Proposal for a directive Article 7 – title Amendment 218 #
Proposal for a directive Article 7 – paragraph 1 Where the Commission has issued an alert in accordance with Article 6(1), in view of the fact that the notified draft measure does not comply with Directive 2006/123/EC, it may, within a period of
Amendment 219 #
Proposal for a directive Article 7 – paragraph 1 Where the Commission has issued an alert in accordance with Article 6(1), it may, within a period of three months after the date of the closure of the consultation period referred to in Article 5(2),
Amendment 220 #
Proposal for a directive Article 7 – paragraph 1 Where the Commission has issued an alert in accordance with Article 6(1), it may, within a period of three months after the date of the closure of the consultation period referred to in Article 5(2), adopt a
Amendment 221 #
Proposal for a directive Article 7 – paragraph 1 Where the Commission has issued an alert in accordance with Article 6(1), it may, within a period of three months after the date of the closure of the consultation period referred to in Article 5(2), adopt a
Amendment 222 #
Proposal for a directive Article 7 – paragraph 1 Where the Commission has issued a
Amendment 223 #
Where the Commission has issued a
Amendment 224 #
Proposal for a directive Article 7 – paragraph 1 Where the Commission
Amendment 225 #
Proposal for a directive Article 7 – paragraph 1 Where the Commission has issued an alert in accordance with Article 6(1)
Amendment 226 #
Proposal for a directive Article 7 – paragraph 1 Where the Commission has issued an alert in accordance with Article 6(1), it may, within a period of three months after the date of the closure of the consultation period referred to in Article 5(2), adopt a Decision finding the draft measure to be incompatible with Directive 2006/123/EC and requiring the Member State concerned to refrain from adopting the draft measure or, if such measure has been adopted in
Amendment 227 #
Proposal for a directive Article 7 – paragraph 1 Where the Commission has issued an alert in accordance with Article 6(1), it may, within a period of three months after the date of the closure of the consultation period referred to in Article 5(2), adopt a Decision finding the draft measure to be incompatible with Directive 2006/123/EC and requiring the Member State concerned to refrain from adopting the notified draft measure or
Amendment 228 #
Proposal for a directive Article 7 – paragraph 1 a (new) 2. When the Commission deems it necessary, it shall call on the Court of Justice to order interim measures pursuant to Article 279 to suspend the application of the measure in question.
Amendment 229 #
Proposal for a directive Article 8 – paragraph 1 a (new) Stakeholders shall be able to use the website to provide feedback on the published notifications, as well as to alert the Commission of draft or adopted measures which have not been notified.
Amendment 230 #
Proposal for a directive Article 8 – paragraph 1 The Commission shall publish on a dedicated public website the notifications made by Member States under Articles 3(1) and (2) and the related adopted measures. Member States shall be equipped with the necessary resources to advise interested parties of the alerts issued by the European Commission, when these occur. The alerts issued by the European Commission to Member States, referred to in Article 6(1) and (2), shall also be published on that dedicated website.
Amendment 231 #
Proposal for a directive Article 8 – paragraph 1 The Commission shall publish on a dedicated public website the notifications made by Member States under Articles 3(1) and (2) and the related adopted measures, as well as the alerts issued and decisions taken by the Commission under Articles 6 and 7.
Amendment 232 #
Proposal for a directive Article 8 – paragraph 1 The Commission shall publish on a dedicated public website the notifications made by Member States under Articles
Amendment 233 #
Proposal for a directive Article 8 – paragraph 1 The Commission shall publish without delay, on a dedicated public website, the notifications made by Member States under Article
Amendment 234 #
Proposal for a directive Article 8 – paragraph 1 The Commission shall publish on a dedicated public website the notifications made by Member States under Articles 3(1) and (2) and the related adopted
Amendment 235 #
Proposal for a directive Article 9 – paragraph 1 Member States shall designate and communicate to the Commission a competent authority responsible at national level for the operation of the notification procedure established by this Directive. That authority shall supply legal support and appropriate technical and economic resources in order to assist local authorities to achieve the objectives of this Directive.
Amendment 236 #
Proposal for a directive Article 9 – paragraph 1 Member States shall
Amendment 237 #
Proposal for a directive Article 9 a (new) Article 9 a Pre-notification by stakeholders Stakeholders must have the opportunity to alert the Commission via a designated communication channel of draft measures that are about to be adopted and have not been notified yet, and which raise concerns among stakeholders. The Commission will inform the Member State concerned without delay upon receiving such an alert. A Member State will provide a clarification within 1 month of receipt of such an alert or will notify the draft measure concerned.
Amendment 238 #
Proposal for a directive Article 10 – paragraph 1 1. Where a Member State is required to notify a measure under Article 3 of this Directive and under Article 5(1) of Directive (EU) 2015/1535, a notification carried out under that Directive
Amendment 239 #
Proposal for a directive Article 10 – paragraph 1 1. Where a Member State is required to notify a measure under Article 3 of this Directive and under Article 5(1) of Directive (EU) 2015/1535, a notification carried out under that Directive and which complies with the obligations laid down in paragraphs
Amendment 240 #
Proposal for a directive Article 10 – paragraph 2 2. Where a Member State is required to notify a measure under Article
Amendment 241 #
Proposal for a directive Article 11 – paragraph 1 1. By [36 months after the date for transposition of this Directive] and at the latest every five years thereafter, the Commission shall present a report to the European Parliament, the Council and the European Economic and Social Committee on the application of this Directive, including an assessment of any improper use to circumvent the application of the notification procedure established in this Directive.
Amendment 242 #
Proposal for a directive Article 11 – paragraph 1 1. By [36 months after the date for transposition of this Directive] and at the latest every five years thereafter, the Commission shall present a report to the European Parliament, the Council and the European Economic and Social Committee on the application of this Directive, including an assessment of any improper use to circumvent the application of the notification procedure established in this Directive.
Amendment 243 #
Proposal for a directive Article 12 A
Amendment 28 #
Proposal for a directive Recital 4 (4) The Commission has received an increasing number of notifications from Member States regarding newly introduced requirements under Directive 2006/123/EC. However, not all of those national requirements are non- discriminatory with regard to nationality or residence, justified and proportionate, thus resulting in a significant number of structural dialogues launched by the Commission vis-à-vis Member States.
Amendment 29 #
Proposal for a directive Recital 4 (4) The Commission has received an increasing number of notifications from Member States regarding newly introduced requirements under Directive 2006/123/EC. However, not all of those national requirements are non- discriminatory with regard to nationality or residence, justified and proportionate, thus resulting in a significant number of structural dialogues launched by the Commission vis-à-vis Member States.
Amendment 30 #
Proposal for a directive Recital 4 (4) The Commission has received an increasing number of notifications from Member States regarding newly introduced
Amendment 31 #
Proposal for a directive Recital 4 a (new) (4a) This situation should induce the Commission to set in motion the procedures set out in the Treaty for Directive 2006/123/EC to be fully adopted and adhered to by the Member States.
Amendment 32 #
Proposal for a directive Recital 6 (6) The effective enforcement of the rules governing the internal market for services set out in Directive 2006/123/EC should be enhanced by improving the existing notification procedure established by that Directive in respect of national authorisation schemes and certain requirements concerning both access to self-employed activities and their exercise. Th
Amendment 33 #
Proposal for a directive Recital 6 (6) The effective enforcement of the rules governing the internal market for services set out in Directive 2006/123/EC should be enhanced by
Amendment 34 #
Proposal for a directive Recital 6 (6) The effective enforcement of the rules governing the internal market for services set out in Directive 2006/123/EC should be enhanced by improving the existing notification procedure established by that Directive in respect of national authorisation schemes and certain requirements concerning both access to self-employed activities and their exercise. The pr
Amendment 35 #
Proposal for a directive Recital 6 (6) The effective enforcement of the rules governing the internal market for services set out in Directive 2006/123/EC should be enhanced by improving the existing notification procedure established by that Directive in respect of national authorisation schemes and certain requirements concerning both access to self-employed activities and their exercise. The prevention of the adoption of national provisions establishing requirements and authorisation schemes that would be contrary to Directive 2006/123/EC should be facilitated. This Directive is without prejudice to the Commission's powers under the Treaties and the Member States' obligation to comply with the provisions of Union law. This Directive should not infringe upon the principle of the separation of powers at Member State and EU level with respect to the executive, legislative and judiciary branches.
Amendment 36 #
Proposal for a directive Recital 6 (6) The effective enforcement of the rules governing the internal market for services set out in Directive 2006/123/EC should be enhanced by improving the existing notification procedure established by that Directive in respect of national authorisation schemes and certain requirements concerning both access to self-employed activities and their exercise. The prevention of the adoption of national provisions establishing requirements and authorisation schemes that would be
Amendment 37 #
Proposal for a directive Recital 7 (7) The notification obligation established by this Directive should apply to draft regulatory measures of Member States, such as laws, regulations, administrative provisions of general nature or any other draft binding rule of general nature, including rules adopted by professional organisations and/or associations to regulate in a collective manner access to service activities or the exercise thereof. The notification obligation should on the other hand not apply to
Amendment 38 #
Proposal for a directive Recital 7 (7) The notification obligation established by this Directive should apply to regulatory measures of Member States, such as laws, regulations
Amendment 39 #
Proposal for a directive Recital 7 (7) The notification obligation established by this Directive should apply to regulatory measures of Member States, such as laws, regulations, administrative provisions of general nature or any other binding rule of general nature, including rules adopted by professional organisations to regulate in a collective manner access to service activities or the exercise thereof. The notification obligation should on the other hand not apply to individual decisions issued by national authorities or professional organisations.
Amendment 40 #
Proposal for a directive Recital 7 (7) The notification obligation established by this Directive should apply to regulatory measures of Member States, such as laws, regulations, administrative provisions of general nature or any other binding rule of general nature, including rules adopted by professional organisations
Amendment 41 #
Proposal for a directive Recital 7 (7) The notification obligation established by this Directive should apply to regulatory measures of Member States, such as laws, regulations, administrative provisions of general nature or any other binding rule of general nature, including rules adopted by professional organisations to regulate in a collective and legally binding manner access to service activities or the exercise thereof. The notification obligation should on the other hand not apply to individual decisions issued by national authorities.
Amendment 42 #
Proposal for a directive Recital 7 a (new) (7 a) Amendments or modifications to draft measures introduced by legislative assemblies or local, regional or national parliaments during the parliamentary procedure should not be covered by the notification obligation laid down by this Directive. For the purposes of this Directive, the notification obligation should be considered to have been fulfilled when the draft measure is implemented and finally adopted at the end of the parliamentary procedure.
Amendment 43 #
Proposal for a directive Recital 7 a (new) (7a) Amendments or modifications to draft measures introduced by legislative assemblies or national parliaments during the parliamentary procedure should not be covered by the notification obligation to notify prior to adoption, as laid down by this Directive. Member States notify such modifications without delay after the adoption of the measure.
Amendment 44 #
Proposal for a directive Recital 7 a (new) (7a) Directive 2006/123/EC is a horizontal legal instrument affecting a significant number of laws, regulations and administrative provisions at different levels within a Member State's governance structures. In order to facilitate the competent authorities' compliance with this Directive and to maximise the efficiency of the notification procedure and reduce the administrative burden of that procedure, the Commission should provide guidance regarding the practical aspects of the notification procedure, in particular for municipal and local authorities. Notwithstanding their obligation to notify, to ensure that the notification obligations of such authorities are proportionate, draft measures implementing authorisation schemes or requirements which have already been notified to the Commission and adopted by the Member State concerned at national level and do not extend the scope, content or are more restrictive schemes or requirements than the earlier adopted measure, should not be subject to notification.
Amendment 45 #
Proposal for a directive Recital 7 a (new) (7a) Directive 2006/123/EC is a horizontal legal instrument affecting a significant number of laws, regulations and administrative provisions at different levels within a Member State's governance structures. In order to facilitate the competent authorities' compliance with this Directive and to maximise the efficiency of the notification procedure and reduce the administrative burden of that procedure, the Commission should provide guidance regarding the practical aspects of the notification procedure, in particular for municipal and local authorities and professional organisations. In order to ensure that the notification obligations of such authorities are proportionate, draft measures implementing authorisation schemes or requirements which have already been notified to the Commission and adopted by the Member State concerned at national level should not be subject to notification.
Amendment 46 #
Proposal for a directive Recital 7 a (new) (7a) Directive 2006/123/EC is a horizontal legal instrument affecting a significant number of laws, regulations and administrative provisions at different levels within a Member State's governance structures. In order to facilitate the competent authorities' compliance with this Directive and to maximise the efficiency of the notification procedure and reduce the administrative burden of that procedure, the Commission should provide guidance regarding the practical aspects of the notification procedure, in particular for municipal and local authorities and professional organisations. In order to ensure that the notification obligations of such authorities are proportionate, draft measures implementing authorisation schemes or requirements which have already been notified to the Commission and adopted by the Member State concerned at national level should not be subject to notification.
Amendment 47 #
Proposal for a directive Recital 7 a (new) (7a) It should be recognised that certain Member States involve social partners and professions in standard setting for professions and qualifications. Where standards for professions and qualifications are set by or with social partners and professional organisations, their involvement shall be guaranteed during any notification processes. They should also be involved in any subsequent discussions and amendments of the proposal where the Commission has objected or commented.
Amendment 48 #
Proposal for a directive Recital 7 a (new) (7a) In the case of regulatory measures that implement authorisation schemes or requirements which have already been notified to the Commission and adopted by the Member State concerned at national level, the implementing measures should only be notified if they impose new restrictions or obligations on service providers, thus extending the scope or content of the original authorisation scheme or requirement.
Amendment 49 #
Proposal for a directive Recital 7 a (new) (7a) Amendments or modifications to draft measures introduced by legislative assemblies or national parliaments during the parliamentary procedure should not be covered by the notification obligation laid down by this Directive. For the purposes of this Directive, fulfilment of the notification obligation should be assessed in relation to the draft measure in the form in which it is adopted at the end of the parliamentary procedure.
Amendment 50 #
Proposal for a directive Recital 7 a (new) (7a) Member States shall not be required to notify measures that are necessary in order to implement binding Union Acts where there is no scope for divergence between Member States. Also, the obligation to notify does not apply when the draft measure consists only of the repeal of authorization schemes or requirements.
Amendment 51 #
Proposal for a directive Recital 7 a (new) (7a) The notification obligation should not apply to draft measures repealing authorisation schemes or requirements or measures implementing authorisation schemes that have already been notified to the Commission. Measures implementing binding acts of the Union should also be excluded from the notification obligation.
Amendment 52 #
Proposal for a directive Recital 7 b (new) (7b) The notification obligation shall not apply to: (a) rules contained in collective contracts concluded with the social partners; (b) administrative acts issued by local bodies, such as town planning and building planning in a municipal framework, and participation in land planning at the supralocal level; the usage and intended use of areas owned by the State; the organisation of public services of general interest with a local scope, including public transport services; the planning and management of the local social services system and the provision of relevant services to citizens; school services and promotion of the right to study, including at university; regional organisation of professional training services; programming and organisation of health and social services; rules on cultural activities, the promotion of environmental, cultural and landscape assets; promotion and organisation of tourism; (c) services excluded from the scope of Directive 2006/123/EC, pursuant to Articles 17 and 18 of that Directive.
Amendment 53 #
Proposal for a directive Recital 7 b (new) (7b) The notification obligation should not apply to rules laid down in collective agreements negotiated by social partners which shall not be considered as requirements within the meaning of this Directive. This Directive applies only to requirements which affect the access to, or the exercise of, a service activity. Therefore, it does not apply to requirements, such as road traffic rules, rules concerning the development or use of land, town and country planning, building standards as well as administrative penalties imposed for non- compliance with such rules which do not specifically regulate or specifically affect the service activity but have to be respected by providers in the course of carrying out their economic activity in the same way as by individuals acting in their private capacity.
Amendment 54 #
Proposal for a directive Recital 7 b (new) (7b) Directive2006/123/EC is a horizontal legal instrument affecting a significant number of laws, regulations and administrative provisions at different levels within a Member State's governance structures. In order to facilitate the competent authorities' compliance with this Directive and to maximise the efficiency of the notification procedure and reduce the administrative burden of that procedure, the Commission should provide guidance regarding the practical aspects of the notification procedure, including for municipal and local authorities. In order to ensure that the notification obligations of such authorities are proportionate, draft measures implementing authorisation schemes or requirements which have already been notified to the Commission and adopted by the Member State concerned at national level should not be subject to notification, in so far as those measures do not extend the scope or content, or make the already notified authorisation schemes or requirements more restrictive.
Amendment 55 #
Proposal for a directive Recital 7 b (new) (7b) Directive 2006/123/EC is a horizontal legal instrument affecting a significant number of laws and administrative provisions at different levels within a Member State's governance structures. In order to facilitate the competent authorities' compliance with this Directive and to maximise the efficiency of the notification procedure and reduce the administrative burden of that procedure, the Commission should provide guidance regarding the practical aspects of the notification procedure, in particular for municipal and local authorities. In order to ensure that the notification obligations of such authorities are proportionate, draft measures implementing authorisation schemes or requirements which have already been notified to the Commission and adopted by the Member State concerned at national level should not be subject to notification.
Amendment 56 #
Proposal for a directive Recital 8 (8) The obligation for Member States to notify draft measures laying down authorisation schemes or requirements referred to in Article 4 of this Directive at least three months before their adoption is designed to ensure that measures to be adopted comply with Directive 2006/123/EC. In order for the notification procedure to be effective, a consultation on notified measures should take place sufficiently in advance of their adoption. This is appropriate to foster good cooperation and transparency between the Commission and Member States and to further develop exchanges between the Commission and national authorities on new or amended authorisation schemes and certain requirements covered by Directive 2006/123/EC, in accordance with Article 4(3) of the Treaty on European Union (TEU).
Amendment 57 #
Proposal for a directive Recital 8 (8) The obligation for Member States to notify draft measures laying down authorisation schemes or requirements referred to in Article 4 of this Directive at least three months before their adoption is designed to ensure that measures to be adopted comply with Directive 2006/123/EC. In order for the notification procedure to be effective, a consultation on notified measures should take place sufficiently in advance of their adoption. This is appropriate to foster good cooperation and transparency between the Commission and Member States and to further develop exchanges between the Commission and national authorities on new or amended authorisation schemes and certain requirements covered by Directive 2006/123/EC, in accordance with Article 4(3) of the Treaty on European Union (TEU). With a view to ensuring the effectiveness of the procedure, breach of the obligation to notify
Amendment 58 #
Proposal for a directive Recital 8 (8) The obligation for Member States to notify draft measures laying down authorisation schemes or requirements referred to in Article 4 of this Directive at least three months before their adoption is designed to ensure that measures to be adopted comply with Directive 2006/123/EC. In order for the notification procedure to be effective, a consultation on notified measures should take place sufficiently in advance of their adoption. This is appropriate to foster good cooperation and transparency between the Commission and Member States and to further develop exchanges between the Commission and national authorities on new or amended authorisation schemes and certain requirements covered by Directive 2006/123/EC, in accordance with Article 4(3) of the Treaty on European Union (TEU). With a view to ensuring the effectiveness of the procedure, breach of the obligation to notify
Amendment 59 #
Proposal for a directive Recital 8 (8) The obligation for Member States to notify draft measures laying down authorisation schemes or requirements referred to in Article 4 of this Directive
Amendment 60 #
Proposal for a directive Recital 8 (8) The obligation for Member States to notify draft measures laying down authorisation schemes or requirements referred to in Article 4 of this Directive at least three months before their adoption is designed to ensure that measures to be adopted comply with Directive 2006/123/EC. In order for the notification procedure to be effective, a consultation on notified measures should take place sufficiently in advance of their adoption. This is appropriate to foster good cooperation and transparency between the Commission and Member States and to further develop exchanges between the Commission and national authorities on new or amended authorisation schemes and certain requirements covered by Directive 2006/123/EC, in accordance with Article 4(3) of the Treaty on European Union (TEU). With a view to ensuring the effectiveness of the procedure, breach of the obligation to notify, or a failure to notify a significantly modified draft measure, or a failure to notify a draft measure within foreseen time limits, or to refrain from adopting a notified measure, including during the period following the receipt of an alert, should be considered to be a substantial procedural defect of a serious nature as regards its effects vis-à- vis individuals.
Amendment 61 #
Proposal for a directive Recital 8 (8) The obligation for Member States to notify draft measures laying down authorisation schemes or requirements referred to in Article 4 of this Directive at least three months before their adoption is designed to ensure that measures to be adopted comply with Directive 2006/123/EC. In order for the notification procedure to be effective, a consultation on notified measures should take place sufficiently in advance of their adoption. This is appropriate to foster good cooperation and transparency between the Commission and Member States and to further develop exchanges between the Commission and national authorities on new or amended authorisation schemes and certain requirements covered by Directive 2006/123/EC, in accordance with Article 4(3) of the Treaty on European Union (TEU). With a view to ensuring the effectiveness of the procedure, breach of the obligation to notify or to refrain from adopting a notified measure, including during the period following the receipt of an alert, should be considered to be a substantial procedural defect of a serious nature as regards its effects vis-à-vis individuals, and should bring with it immediate and clear consequences as regards the validity of the measure concerned.
Amendment 62 #
Proposal for a directive Recital 8 (8) The obligation for Member States to notify draft measures laying down authorisation schemes or requirements referred to in Article 4 of this Directive at least three months before their adoption is designed to
Amendment 63 #
Proposal for a directive Recital 9 (9) In the spirit of transparency and cooperation, where substantive amendments are made to a draft measure that is subject to an ongoing notification procedure under this Directive, the Commission, other Member States and stakeholders should be made aware of such amendments by the notifying Member State in due time. Modifications of merely clerical nature should not be communicated. In any event, the notification of substantive amendments should not significantly alter the deadlines set for the consultation. In such cases, the notifying Member State should notify those modifications at least one month prior to their adoption.
Amendment 64 #
Proposal for a directive Recital 9 (9) In the spirit of transparency and cooperation, where substantive amendments are made to a draft measure that is subject to an ongoing notification procedure under this Directive, the Commission, other Member States and stakeholders should be made aware of such amendments by the notifying Member
Amendment 65 #
Proposal for a directive Recital 9 (9) In the spirit of transparency and cooperation, where substantive amendments are made to a draft measure that is subject to an ongoing notification procedure under this Directive, the Commission, other Member States and stakeholders should be made aware of such amendments by the notifying Member State in due time, and be given the opportunity to provide feedback on these amendments. Modifications of merely clerical nature should not be communicated.
Amendment 66 #
Proposal for a directive Recital 9 (9) In the spirit of transparency and cooperation, where significant substantive amendments are made to a draft measure that is subject to an ongoing notification procedure under this Directive, of such a kind as to make it into a new one, the Commission
Amendment 67 #
Proposal for a directive Recital 10 (10) The information to be submitted by the notifying Member State should be sufficient to assess compliance with Directive 2006/123/EC
Amendment 68 #
Proposal for a directive Recital 10 (10) The information to be submitted by the notifying Member State following an alert from the Commission should be sufficient to assess compliance with Directive 2006/123/EC and, in particular, the proportionality of a notified authorisation scheme or requirement. Therefore, in accordance with the case-law of the Court of Justice of the European Union (CJEU), such information should clarify the public interest objective pursued
Amendment 69 #
Proposal for a directive Recital 10 (10) The information to be submitted by the notifying Member State should be sufficient to assess compliance with Directive 2006/123/EC and, in particular, the proportionality of a notified authorisation scheme or requirement. Therefore, in accordance with the case-law of the Court of Justice of the European Union (CJEU), such information should clarify the public interest objective pursued, set out how the notified authorisation scheme or requirement is necessary and justified to meet this objective and explain how it is proportionate in doing so
Amendment 70 #
Proposal for a directive Recital 10 (10) The information to be submitted by the notifying Member State should be sufficient to assess compliance with Directive 2006/123/EC and, in particular, the proportionality of a notified authorisation scheme or requirement. Therefore, in accordance with the case-law of the Court of Justice of the European Union (CJEU), such information should clarify the public interest objective pursued, set out how the notified authorisation scheme or requirement is necessary and justified to meet this objective and explain how it is proportionate in doing so; thus, it should include explanations on why it is suitable, why it does not go beyond what is necessary and why no alternative and less restrictive means would be available.
Amendment 71 #
Proposal for a directive Recital 10 (10) The information to be submitted by the notifying Member State should be sufficient and relevant enough to assess compliance with Directive 2006/123/EC and, in particular, the proportionality of a notified authorisation scheme or requirement.
Amendment 72 #
Proposal for a directive Recital 10 (10)
Amendment 73 #
Proposal for a directive Recital 10 a (new) (10a) In exceptional circumstances, where there is a demonstrable threat to public health, public safety or the environment, Member States should be able to adopt temporary urgency measures without going through the normal notification procedure. All such measures should be communicated to the Commission upon adoption. In order to avoid misuse of the urgency procedure, the Commission should have the power to review such measures, and request their withdrawal, should they be found to be unjustified.
Amendment 74 #
Proposal for a directive Recital 10 a (new) (10a) This Directive should allow Member States to act rapidly when urgent matters arise regarding serious and unforeseeable circumstances relating to the protection of public order, public safety, public health or the protection of the environment. This exception to the notification procedure for urgent matters should be temporary and not be used to circumvent the implementation of the notification procedure laid down by this Directive. Therefore the adopted measure should be notified to the Commission.
Amendment 75 #
Proposal for a directive Recital 10 a (new) (10a) This Directive enables Member States to derogate from the notification obligation when they have to adopt urgent measures to protect public order, public security, public health, or objectives relating to social policy, environmental protection, safeguarding of cultural heritage or other overriding reasons relating to the public interest.
Amendment 76 #
Proposal for a directive Recital 10 a (new) (10a) The Commission should provide guidelines on the procedure and methodology that the Member States, including professional organisations, should follow to perform the proportionality analysis for the draft measure.
Amendment 77 #
Proposal for a directive Recital 10 a (new) (10a) The European Commission shall provide guidelines on the procedure and methodology to be applied by Member States, including professional organisations, to facilitate analysis of the proportionality of draft measures notified.
Amendment 78 #
Proposal for a directive Recital 12 (12) The notification obligation set out in Directive 2006/123/EC requires Member States to inform the Commission and other Member States of requirements covered by Article 15(2), the third subparagraph of Article 16(1) and the first sentence of Article 16(3) of Directive 2006/123/EC. The application of that Directive has shown that authorisation schemes or requirements related to authorisation schemes,
Amendment 79 #
Proposal for a directive Recital 12 (12) The notification obligation set out in Directive 2006/123/EC requires Member States to inform the Commission and other Member States of requirements covered by Article 15(2), the third subparagraph of Article 16(1) and the first sentence of Article 16(3) of Directive 2006/123/EC. The application of that Directive has shown that authorisation schemes or requirements related to authorisation schemes, professional liability insurance, professional rules on commercial communication, guarantees or similar arrangements, and multi-disciplinary restrictions are common and can constitute important barriers in the single market for services. They should hence also be covered by a notification obligation to facilitate the compliance of relevant Member States' draft laws, regulations and administrative provisions with Directive 2006/123/EC. The requirements mentioned in Article 16(2) of Directive 2006/123/EC are covered by the notification obligation to the extent that they fall under Article 16(3).
Amendment 80 #
Proposal for a directive Recital 13 (13) The present Directive establishes a consultation of three months to allow an assessment of notified draft measures as well as an effective dialogue with the notifying Member State. In order to make
Amendment 81 #
Proposal for a directive Recital 13 (13) The present Directive establishes
Amendment 82 #
Proposal for a directive Recital 13 (13) The present Directive establishes a consultation of three months to allow an assessment of notified draft measures as well as an effective dialogue with the notifying Member State. In order to make the consultation work in practice and to allow Member States, the Commission and stakeholders to effectively provide their comments, Member States should notify draft measures
Amendment 83 #
Proposal for a directive Recital 13 (13) The present Directive establishes a consultation of
Amendment 84 #
Proposal for a directive Recital 14 (14) Where following the consultation the Commission still has concerns about the compliance with Directive 2006/123/EC of the notified draft measure, it may alert the notifying Member State, giving it the opportunity to bring its draft measure into conformity with EU law. That alert
Amendment 85 #
Proposal for a directive Recital 14 (14) Where
Amendment 86 #
Proposal for a directive Recital 14 (14) Where following the consultation the Commission still has concerns about the compliance with Directive 2006/123/EC of the notified draft measure, it may alert the notifying Member State, giving it the opportunity to bring its draft measure into conformity with EU law. That alert should include an explanation of the legal concerns identified by the Commission.
Amendment 87 #
Proposal for a directive Recital 14 (14) Where following the consultation the Commission still has concerns about the compliance with Directive 2006/123/EC of the notified draft measure, it may alert the notifying Member State, providing appropriate reasons for the alert, and also giving it the opportunity to bring its draft measure into conformity with EU law. That alert should include an appropriate explanation of the legal concerns identified by the Commission and proof that the Commission has complied with the principles of subsidiarity and proportionality. Reception of such an alert entails that the notifying Member State shall not adopt the notified measure for three months.
Amendment 88 #
Proposal for a directive Recital 14 (14) Where following the consultation the Commission still has concerns about the compliance with Directive 2006/123/EC of the notified draft measure, it may alert the notifying Member State, giving it the opportunity to bring its draft measure into conformity with EU law. That alert should include an explanation of the legal concerns identified by the Commission. Reception of such an alert entails that the notifying Member State shall not adopt the notified measure for
Amendment 89 #
Proposal for a directive Recital 14 (14) Where
Amendment 90 #
Proposal for a directive Recital 14 (14) Where following the consultation the Commission still has concerns about the compliance with Directive 2006/123/EC of the notified draft measure, it may alert the notifying Member State, giving it the opportunity to bring its draft measure into conformity with EU law. That alert should include an explanation of the legal concerns identified by the Commission or other Member States. Reception of such an alert entails that the notifying Member State shall not adopt the notified measure for three months.
Amendment 91 #
Proposal for a directive Recital 14 (14) Where following the consultation the Commission still has concerns about the compliance with Directive 2006/123/EC of the notified draft measure, it may alert the notifying Member State, giving it the opportunity to bring its draft measure into conformity with EU law. That alert should include an explanation of the legal concerns identified by the Commission. Reception of such an alert
Amendment 92 #
Proposal for a directive Recital 14 (14) Where following the consultation the Commission still has concerns about the compliance with Directive 2006/123/EC of the notified draft measure, it may
Amendment 93 #
Proposal for a directive Recital 15 Amendment 94 #
Proposal for a directive Recital 15 Amendment 95 #
Proposal for a directive Recital 15 Amendment 96 #
Proposal for a directive Recital 15 (15)
Amendment 97 #
Proposal for a directive Recital 15 (15) Failure to comply with the obligation to notify draft measures at least three months prior to their adoption
Amendment 98 #
Proposal for a directive Recital 15 (15) Failure to comply with the obligation to notify draft measures at least
Amendment 99 #
Proposal for a directive Recital 15 (15) Failure to comply with the obligation to notify draft measures at least three months prior to their adoption and/or to refrain from adopting the notified measure during this period and, as the case may be, during the 3 months following the reception of an alert, should be considered to be a substantial procedural defect of a serious nature as regards its effects vis-à- vis individuals. To discourage Member States from by-passing the notification procedure, measures that are adopted incorrectly should be treated the same way as measures that do not comply with Directive 2006/123/EC.
source: 610.537
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History
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docs/8/date |
Old
2017-05-30T00:00:00New
2017-05-29T00:00:00 |
docs/9/date |
Old
2017-05-17T00:00:00New
2017-05-16T00:00:00 |
docs/2 |
|
docs/3 |
|
docs/4 |
|
docs/5 |
|
docs/5 |
|
docs/5/date |
Old
2017-03-14T00:00:00New
2017-03-15T00:00:00 |
docs/6 |
|
docs/6/date |
Old
2017-04-09T00:00:00New
2017-04-10T00:00:00 |
docs/7 |
|
docs/7/date |
Old
2017-04-12T00:00:00New
2017-04-13T00:00:00 |
docs/8 |
|
docs/8/date |
Old
2017-05-29T00:00:00New
2017-05-30T00:00:00 |
docs/9 |
|
docs/9 |
|
docs/9/date |
Old
2017-05-16T00:00:00New
2017-05-17T00:00:00 |
docs/10 |
|
docs/11 |
|
docs/12 |
|
docs/13 |
|
docs/9/docs/0/url |
Old
http://www.connefof.europarl.europa.eu/connefof/app/exp/COM(2016)0821New
https://connectfolx.europarl.europa.eu/connefof/app/exp/COM(2016)0821 |
docs/10/docs/0/url |
Old
http://www.connefof.europarl.europa.eu/connefof/app/exp/COM(2016)0821New
https://connectfolx.europarl.europa.eu/connefof/app/exp/COM(2016)0821 |
docs/11/docs/0/url |
Old
http://www.connefof.europarl.europa.eu/connefof/app/exp/COM(2016)0821New
https://connectfolx.europarl.europa.eu/connefof/app/exp/COM(2016)0821 |
docs/12/docs/0/url |
Old
http://www.connefof.europarl.europa.eu/connefof/app/exp/COM(2016)0821New
https://connectfolx.europarl.europa.eu/connefof/app/exp/COM(2016)0821 |
docs/13/docs/0/url |
Old
http://www.connefof.europarl.europa.eu/connefof/app/exp/COM(2016)0821New
https://connectfolx.europarl.europa.eu/connefof/app/exp/COM(2016)0821 |
links/Research document/url |
Old
http://www.europarl.europa.eu/thinktank/en/document.html?reference=EPRS_BRI(2017)608657New
https://www.europarl.europa.eu/thinktank/en/document/EPRS_BRI(2017)608657 |
docs/0 |
|
docs/9 |
|
docs/9/date |
Old
2017-03-15T00:00:00New
2017-03-14T00:00:00 |
docs/10 |
|
docs/10 |
|
docs/10/date |
Old
2017-04-10T00:00:00New
2017-04-09T00:00:00 |
docs/11 |
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|
docs/11/date |
Old
2017-04-13T00:00:00New
2017-04-12T00:00:00 |
docs/12 |
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docs/12 |
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docs/12/date |
Old
2017-05-30T00:00:00New
2017-05-29T00:00:00 |
docs/13 |
|
docs/13 |
|
docs/13/date |
Old
2017-05-17T00:00:00New
2017-05-16T00:00:00 |
docs/14 |
|
events/0 |
|
committees/1/rapporteur |
|
docs/0 |
|
events/0 |
|
docs/7/docs/0/url |
https://www.europarl.europa.eu/doceo/document/IMCO-PR-606190_EN.html
|
events/1/body |
EP
|
events/2/body |
EP
|
events/4/body |
EP
|
events/8/body |
EP
|
docs/7/docs/0/url |
https://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE606.190
|
events/1 |
|
events/1 |
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events/2 |
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events/2 |
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events/4 |
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events/4 |
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events/8 |
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events/8 |
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committees/0 |
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committees/0 |
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committees/0 |
|
committees/0 |
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committees/1 |
|
committees/1 |
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committees/0 |
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committees/0 |
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committees/0 |
|
committees/0 |
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committees/0 |
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committees/0 |
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committees/1 |
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committees/1 |
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docs/6/docs/0/url |
Old
https://dm.eesc.europa.eu/EESCDocumentSearch/Pages/redresults.aspx?k=(documenttype:AC)(documentnumber:0729)(documentyear:2017)(documentlanguage:EN)New
https://dmsearch.eesc.europa.eu/search/public?k=(documenttype:AC)(documentnumber:0729)(documentyear:2017)(documentlanguage:EN) |
docs/8/docs/0/url |
Old
https://dm.cor.europa.eu/CORDocumentSearch/Pages/redresults.aspx?k=(documenttype:AC)(documentnumber:1195)(documentyear:2017)(documentlanguage:EN)New
https://dmsearch.cor.europa.eu/search/public?k=(documenttype:AC)(documentnumber:1195)(documentyear:2017)(documentlanguage:EN) |
committees/0 |
|
committees/0 |
|
docs/7/docs/0/url |
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE606.190New
https://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE606.190 |
events/4/docs/0/url |
Old
http://www.europarl.europa.eu/doceo/document/A-8-2017-0396_EN.htmlNew
https://www.europarl.europa.eu/doceo/document/A-8-2017-0396_EN.html |
events/5/body |
EP
|
events/7/body |
EP
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procedure/stage_reached |
Old
Awaiting Parliament 1st reading / single reading / budget 1st stageNew
Awaiting Parliament's position in 1st reading |
procedure/Notes |
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events/5 |
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events/7 |
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events/4/docs/0/url |
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2017-0396&language=ENNew
http://www.europarl.europa.eu/doceo/document/A-8-2017-0396_EN.html |
events/6 |
|
committees/0 |
|
committees/0 |
|
committees/2/opinion |
False
|
committees/5/opinion |
False
|
committees/7/opinion |
False
|
committees/8/opinion |
False
|
committees/10/opinion |
False
|
docs/7 |
|
events/2 |
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events/3 |
|
procedure/stage_reached |
Old
Awaiting committee decisionNew
Awaiting Parliament 1st reading / single reading / budget 1st stage |
committees/0 |
|
committees/0 |
|
committees/9/opinion |
False
|
committees/3/opinion |
False
|
committees/6/opinion |
False
|
committees/4/opinion |
False
|
committees/0/date |
|
committees/1 |
|
committees/1 |
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activities |
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commission |
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committees/0 |
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committees/0 |
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committees/17 |
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committees/18 |
|
committees/19 |
|
council |
|
docs |
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events |
|
other |
|
otherinst |
|
procedure/Mandatory consultation of other institutions |
European Economic and Social Committee
|
procedure/Notes |
|
procedure/dossier_of_the_committee |
Old
IMCO/8/08987New
|
procedure/instrument |
Old
DirectiveNew
|
procedure/other_consulted_institutions |
European Economic and Social Committee
|
procedure/stage_reached |
Old
Awaiting Parliament 1st reading / single reading / budget 1st stageNew
Awaiting committee decision |
procedure/subject |
Old
New
|
procedure/summary |
|
activities/3 |
|
activities/4 |
|
activities/5 |
|
activities/6 |
|
procedure/stage_reached |
Old
Awaiting committee decisionNew
Awaiting Parliament 1st reading / single reading / budget 1st stage |
activities/1/committees/5/shadows/3 |
|
committees/5/shadows/3 |
|
activities/1/committees/5/shadows/1/mepref |
Old
4f1ac80eb819f25efd0000c5New
54b473efd1d1c53703000000 |
activities/1/committees/5/shadows/1/name |
Old
FORD VickyNew
DALTON Daniel |
committees/5/shadows/1/mepref |
Old
4f1ac80eb819f25efd0000c5New
54b473efd1d1c53703000000 |
committees/5/shadows/1/name |
Old
FORD VickyNew
DALTON Daniel |
links/Research document |
|
activities/0/commission/0 |
|
other/0 |
|
activities/1/committees/5/shadows/4 |
|
activities/2 |
|
committees/5/shadows/4 |
|
activities/1/committees/5/shadows/3 |
|
committees/5/shadows/3 |
|
procedure/Mandatory consultation of other institutions |
Old
Economic and Social CommitteeNew
European Economic and Social Committee |
activities/0/docs/0/celexid |
CELEX:52016PC0821:EN
|
activities/0/docs/0/celexid |
CELEX:52016PC0821:EN
|
activities/1/committees/5/shadows/1 |
|
committees/5/shadows/1 |
|
activities/1/committees/5/shadows/1 |
|
committees/5/shadows/1 |
|
activities/1/committees/5/shadows |
|
committees/5/shadows |
|
activities/0/docs/0/text |
|
activities/1/committees/5/date |
2017-01-25T00:00:00
|
activities/1/committees/5/rapporteur |
|
committees/5/date |
2017-01-25T00:00:00
|
committees/5/rapporteur |
|
activities/1 |
|
procedure/dossier_of_the_committee |
IMCO/8/08987
|
procedure/stage_reached |
Old
Preparatory phase in ParliamentNew
Awaiting committee decision |
activities |
|
committees |
|
links |
|
other |
|
procedure |
|