Next event: LØKKEGAARD Morten (Renew) appointed as rapporteur in IMCO 2019/07/18 more...
- Committee of the Regions: opinion 2017/10/11
Progress: Awaiting committee decision
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | IMCO | LØKKEGAARD Morten ( Renew) | |
Former Responsible Committee | IMCO | LØKKEGAARD Morten ( ALDE) | |
Committee Opinion | PETI | ||
Committee Opinion | CONT | ||
Committee Opinion | ECON | ||
Committee Opinion | JURI | ||
Committee Opinion | ITRE | ||
Committee Opinion | EMPL | ||
Committee Opinion | ENVI | ||
Former Committee Opinion | ECON | Marian HARKIN ( ALDE), Paloma LÓPEZ BERMEJO ( GUE/NGL), Stanisław OŻÓG ( ECR), Michel REIMON ( Verts/ALE) | |
Former Committee Opinion | EMPL | LUDVIGSSON Olle ( S&D) | |
Former Committee Opinion | CONT | ŠOJDROVÁ Michaela ( PPE) | |
Former Committee Opinion | ENVI | ||
Former Committee Opinion | JURI | SPYRAKI Maria ( PPE) | |
Former Committee Opinion | PETI | GEBHARDT Evelyne ( S&D) | |
Former Committee Opinion | ITRE | David BORRELLI ( EFDD), Olle LUDVIGSSON ( S&D), Gesine MEISSNER ( ALDE), Claude TURMES ( Verts/ALE), Anneleen VAN BOSSUYT ( ECR) |
Lead committee dossier:
Legal Basis:
TFEU 053-p1, TFEU 062
Legal Basis:
TFEU 053-p1, TFEU 062Events
PURPOSE: to set the legal and operational framework of the European services e-card.
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: with services accounting for around 70% of EU GDP and employment , promoting the competitiveness of EU services markets is central for the creation of jobs and growth in the EU. The Services Directive , adopted in 2006, set general provisions facilitating the establishment of service providers and their ability to offer services cross-border in the single market.
Service providers trying to establish a permanent presence in another Member State or to provide cross-border services on a temporary basis often find it difficult to understand which rules to apply and how. Administrative formalities in different Member States are often complicated and costly for service providers to complete. As a consequence, service providers face multiple and disproportionate compliance costs when going cross-border.
Following on from the Single Market Strategy , the Commission presented a proposal for a Regulation introducing a European services e-card (ESC) which can be used by service providers to carry out activities in other Member States. This proposal for a Directive concerns the operational framework applicable to ESC introduced by the proposed Regulation.
According to the Commission, cost savings related to the formalities covered by the e-card procedure would be significant compared to the existing situation, potentially going up to 50% or even more.
IMPACT ASSESSMENT: the combination of options withheld would allow the service provider to make use of an EU-level procedure to facilitate access to the market of another Member State, including an advanced electronic mechanism connected to the Internal Market Information System (IMI) to facilitate compliance with formalities for posted staff which the host Member State can choose to make use of. In addition, it would address practical obstacles related to insurance in cross-border situations.
CONTENT: the proposed Directive lays down a legal and operational framework for the European services e-card, introduced by the ESC Regulation, setting out the rules governing access and exercise of service activities by holders of an e-card.
The proposal:
sets the scope of this Directive as including the business and construction services listed in its Annex; clarifies the evidentiary value, throughout the Union, of a European services e-card in relation to establishment in the home Member States of the provider, from where it expands operations by making use of the e-card; details the effects of the European services e-card as proof of the ability of the e-card holder to provide services in the territory of the host Member State, either temporarily or through a branch, agency or office located therein; determines the validity of the European services e-card to be indefinite in time, unless suspended, revoked or cancelled, and encompassing all of the territory of the host Member State; determines that the application for an e-card should be submitted to the coordinating authority of the home Member State; safeguards the right of Member States to invoke those overriding reasons of public interest; describes procedural steps for issuing a European services e-card for providing services through establishment in the form of branches, agencies or offices. The coordinating authority of the host Member State informs of requirements applicable on its territory in order for access to be granted. The applicant needs to prove the necessary compliance. If no decision is taken by the coordinating authority of the host Member State after a proper due process with the applicant and despite of an alert to react, the e-card is issued; provides the right of redress against decisions by coordinating authorities of the home or host Member States; introduces a once-only principle at domestic level, under which information and documents in the possession of home Member State authorities need not be supplied again by the applicant for a European services e-card; lists events occurring in the host Member State which must trigger suspension or revocation of a European services e-card.
BUDGETARY IMPLICATIONS: the proposal is expected to have implications for the EU budget to the extent that the future European services e-card will use the Internal Market Information System (IMI) as its operational backbone. Member States already have the experience with the system, as more than 5 000 competent authorities are already registered with IMI since 2011 and with the European Professional Card (EPC) since January 2016.
It is now necessary to adapt the IMI system to support the European services e-card procedure and storage requirements and supplemented with some additional functions. Any necessary allocations will be met through redeployment ; no budgetary impact is expected on EU budget over and beyond the appropriations already foreseen in the official financial programming of the Commission.
DELEGATED ACTS: the proposal contains provisions empowering the Commission to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union.
Documents
- Committee of the Regions: opinion: CDR1195/2017
- Economic and Social Committee: opinion, report: CES0729/2017
- Contribution: COM(2016)0823
- Contribution: COM(2016)0823
- Reasoned opinion: PE602.785
- Reasoned opinion: PE602.790
- Contribution: COM(2016)0823
- Contribution: COM(2016)0823
- Debate in Council: 3519
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2016)0437
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2016)0438
- Legislative proposal published: COM(2016)0823
- Legislative proposal published: EUR-Lex
- Document attached to the procedure: EUR-Lex SWD(2016)0437
- Document attached to the procedure: EUR-Lex SWD(2016)0438
- Reasoned opinion: PE602.785
- Reasoned opinion: PE602.790
- Economic and Social Committee: opinion, report: CES0729/2017
- Committee of the Regions: opinion: CDR1195/2017
- Contribution: COM(2016)0823
- Contribution: COM(2016)0823
- Contribution: COM(2016)0823
- Contribution: COM(2016)0823
Amendments | Dossier |
50 |
2016/0402(COD)
2017/09/25
ITRE
50 amendments...
Amendment 12 #
Proposal for a directive – The Committee on Industry, Research and Energy calls on the Committee on the Internal Market and Consumer Protection, as the committee responsible, to propose rejection of the Commission proposal.
Amendment 13 #
Proposal for a directive – The Committee on Industry, Research and Energy calls on the Committee on the Internal Market and Consumer Protection, as the committee responsible, to propose rejection of the Commission proposal.
Amendment 14 #
Proposal for a directive – The Committee on Industry, Research and Energy calls on the Committee on the Internal Market and Consumer Protection, as the committee responsible, to propose rejection of the Commission proposal.
Amendment 15 #
Proposal for a directive – The Committee on Industry, Research and Energy calls on the Committee on Internal Market and Consumer Protection, as the committee responsible, to propose rejection of the Commission proposal.
Amendment 16 #
Proposal for a directive Recital 2 (2) Directive 2006/123/EC of the European Parliament and of the Council17 establishes general provisions facilitating the exercise of the freedom of establishment for service providers and the free movement of services. It provides inter alia that Member States should provide for administrative simplification, for instance offering electronic procedures via Points of Single Contact, simplifying existing procedures and the need for certified documents and making best use of a system of tacit approval. The Directive also sets a framework furthering the freedom to provide services on a temporary basis in another Member State.
Amendment 17 #
Proposal for a directive Recital 3 (3) Directive 2006/123/EC requires Member States to put in place and keep constantly updated Points of Single Contacts where a service provider wishing to establish or to provide services can find all relevant information about requirements to be complied with and e-procedures in respect of all formalities, authorisation and notifications to go through. However, costly information challenges and difficulties complying with national procedures at a distance remain to date for service providers, namely for sector-related requirements. Cooperation between authorities in different Member States should in principle take place
Amendment 18 #
Proposal for a directive Recital 5 (5) Cross-border trade and cross-border investment in
Amendment 19 #
Proposal for a directive Recital 7 (7) In order to make it easier to take up and pursue service activities, this Directive builds upon Directive 2006/123/EC but
Amendment 20 #
Proposal for a directive Recital 10 a (new) (10a) This Directive respects the different labour market models of the Member States, including labour market models regulated by collective agreements.
Amendment 21 #
Proposal for a directive Recital 11 (11) This Directive also includes a framework for the validity and the reasons for suspending or revoking a European services e-card throughout the European Union.
Amendment 22 #
Proposal for a directive Recital 12 (12) The main purpose of the European services e-card is to introduce a uniform and simplified procedure for service providers wishing to expand provision of services across internal market borders. The e-card represents an electronic certificate, released through an online platform, stating that a service provider is legally established in a Member State (the home Member State). Host Member States where a service provider is interested in expanding to should furthermore not apply, to holders of an e-card, their prior authorisation or notifications schemes put in place under national law to control access to or exerci
Amendment 23 #
Proposal for a directive Recital 18 (18) In addition, Member States should not be allowed to impose on holders of a European services e-card any service provision related authorisation or notification schemes prior to a service provision. Member States should not repeat, wholly or partially, controls previously performed in the context of issuing the European services e-card once provision of services has started in the host Member State. Authorisation or notification schemes such as those deriving from taxation, social security and labour law shall remain applicable as such matters are excluded from the scope of this Directive. Ex-post checks, inspections and investigations initiated by competent authorities, in both the home and host Member States, should however remain admissible to control service performance, as under current EU Law. Those ex-post checks are strongly recommended in respect of released e-cards of indefinite duration. If such controls reveal serious breaches of requirements applicable in a host Member State, this could lead to the suspension or revocation of the European services e-card.
Amendment 24 #
Proposal for a directive Recital 21 (21) There are two types of European services e-cards offered to service providers: a simpler procedure, for an e- card with a validity period of 36 months, for temporary cross-border provision of services into other Member States, essentially controlling their previous establishment in the home Member State and allowing a host Member State to object to temporary provision of cross-border services only due to overriding reasons of public interests, and a more complex one, for an e-card with a validity period of indefinite duration, framing the control by host Member States of an economic activity in their territory for an indefinite period through secondary establishment in the form of branches, agencies or offices, in order to ensure, in a simplified workflow, mutual recognition is performed properly and expeditiously.
Amendment 25 #
Proposal for a directive Recital 26 (26) A coordinating authority of the host Member State should provide clarity as to which requirements apply to the incoming service provider, considering the latter is already established in another Member State. The coordinating authority of the host Member State should ensure, through the relevant webpage and the authorities’ offices, that the provider knows which requirements govern performance of services in the host Member States, including those applicable once it obtains the European services e-
Amendment 26 #
Proposal for a directive Recital 27 Amendment 27 #
Proposal for a directive Recital 37 (37) Prior to the issuance of the European services e-card, a host Member State should be allowed to invoke legitimate policy concerns.
Amendment 28 #
Proposal for a directive Recital 37 (37) Prior to the issuance of the European services e-card, a host Member State should be allowed to invoke legitimate policy concerns. Nevertheless, in the interest of allowing for a simplified and swift procedure, the principle of tacit approval should be observed in issuing a European services e-card. That is the general principle introduced under Directive 2006/123/EC. An alert of impending tacit approval and the extension of the applicable deadlines by t
Amendment 29 #
Proposal for a directive Recital 42 (42) A European services e-card should be valid for a
Amendment 30 #
Proposal for a directive Recital 42 (42)
Amendment 31 #
Proposal for a directive Recital 44 (44) Administrative cooperation between home and host Member State authorities should ensure observance of conditions of validity of a previously issued European services e-card. To further ensure no European services e-card misrepresents the situation of its holder at any given moment, its holder and competent authorities should be obliged to inform, at a recurring date to be determined by the competent authorities of the host Member State, the coordinating authority who issued it of changes in the situation of the holder which may impact the validity of the e-card.
Amendment 32 #
Proposal for a directive Recital 47 (47) The application of this Directive
Amendment 33 #
Proposal for a directive Article 1 – paragraph 1 – subparagraph 1 a (new) This Directive is without prejudice to existing Union law on social issues, employment conditions (in particular posting of workers, workers' rights and the social pillar), health and safety and protection of the environment. It does not change or put into question existing safeguards in this respect.
Amendment 34 #
Proposal for a directive Article 2 – paragraph 3 – subparagraph 2 This Directive shall be without prejudice to the rights of workers, the obligations of service providers and related controls in Member States laid down in Directives 96/71/EC and 2014/67/EU. In order to bolster the rights and obligations laid down in those Directives, following the transposition of this Directive, the Commission should take action against any cases of social dumping. For this purpose, the Commission should consider submitting a legislative proposal for the broadening of Union competition law.
Amendment 35 #
Proposal for a directive Article 2 – paragraph 3 – subparagraph 2 This Directive shall be without prejudice to fundamental rights of workers, including trade union rights and the rights of workers, the obligations of service providers and related controls in Member States laid down in Directives 96/71/EC and 2014/67/EU.
Amendment 36 #
Proposal for a directive Article 2 – paragraph 3 a (new) 3a. This Directive shall not in any way affect a Member State’s right to assess whether a company is established in its territory
Amendment 37 #
Proposal for a directive Article 3 – paragraph 1 – point 1 1. "home Member State" means the Member State
Amendment 38 #
Proposal for a directive Article 5 – paragraph 2 a (new) 2a. The competent authorities of the host Member State may ask the competent authorities of the home Member State, in the event of justified doubts, to verify the authenticity and validity of documents required for the issuance of the European services e-card.
Amendment 39 #
Proposal for a directive Article 7 – paragraph 1 – subparagraph 1 A European services e-card for temporary cross-border provision of services
Amendment 40 #
Proposal for a directive Article 7 – paragraph 2 – subparagraph 1 A European services e-card shall be valid for a
Amendment 41 #
Proposal for a directive Article 7 – paragraph 2 – subparagraph 1 A European services e-card shall be
Amendment 42 #
Proposal for a directive Article 7 – paragraph 2 – subparagraph 1 A European services e-card shall be valid for an initial period of 36 months and shall be automatically renewed thereafter to be valid for an indefinite duration, unless suspended, revoked or cancelled, in accordance with Articles 15 to 17. Without prejudice to Article 17(4), Member States shall, before the expiration of the initial period referred to in the preceding subparagraph and at any other time, perform checks, inspections or investigations, in accordance with Union law and in particular Article 17(5) of this Directive in order to ascertain the occurrence of any event that may, as prescribed by Articles 15 and 16, determine a suspension or revocation of a European services e-card. This shall be without prejudice to measures put in place in accordance with Article 18 of Directive 2006/123/EC.
Amendment 43 #
Proposal for a directive Article 7 – paragraph 2 – subparagraph 1 A European services e-card shall be valid for an indefinite duration, unless suspended, revoked or cancelled, in accordance with Articles 15 to 17, for 36 months for the service providers applying for temporary cross-border services, and for an indefinite duration for the providers applying for provision of services through branches, agencies and offices.
Amendment 44 #
Proposal for a directive Article 7 – paragraph 2 – subparagraph 1 a (new) During this initial trial period of 36 months, Member States are advised to perform checks, inspections or investigations, in accordance with Union law and in particular Article 17(5) of this Directive, in order to ascertain the occurrence of any event that may, as prescribed by Articles 15 and 16, determine a suspension or revocation of a European services e-card.
Amendment 45 #
Proposal for a directive Article 9 – paragraph 2 a (new) 2a. Providers of service activities that have not been economically active in the home Member State for more than six months shall not be eligible for a European services e-card.
Amendment 46 #
Proposal for a directive Article 10 – paragraph 1 a (new) A Member State shall not be prevented from applying its rules on employment conditions, including those laid down in collective agreements.
Amendment 47 #
Proposal for a directive Article 11 – paragraph 1 – subparagraph 1 – introductory part The coordinating authority of the home Member State shall within
Amendment 48 #
Proposal for a directive Article 12 – paragraph 1 – subparagraph 1 Within
Amendment 49 #
Proposal for a directive Article 12 – paragraph 1 – subparagraph 1 Within t
Amendment 50 #
Proposal for a directive Article 12 – paragraph 1 – subparagraph 1 a (new) A Member State shall not be prevented from applying its rules on employment conditions, including those laid down in collective agreements.
Amendment 51 #
Proposal for a directive Article 12 – paragraph 2 2. Taking into account the rights of Member States as referred to in Article 10, if the coordinating authority of the host Member State does not react within the time-limit referred to in paragraph 1, that time limit shall automatically be extended by
Amendment 52 #
Proposal for a directive Article 12 – paragraph 3 – subparagraph 1 If the host Member State does not object in
Amendment 53 #
Proposal for a directive Article 12 – paragraph 3 – subparagraph 1 If the host Member State does not object in accordance with paragraph 1, the coordinating authority of the home Member State shall issue the European services e-card without delay upon expiration of the extended time-limit resulting from the application of paragraph 2. In the absence of any objection under the second subparagraph of paragraph 1 and failing a decision by the coordinating authority of the home Member State upon expiration of the extended time-limit resulting from the application of paragraph 2, the European services e-card shall be
Amendment 54 #
Proposal for a directive Article 13 – paragraph 2 2. Taking into account the rights of Member States as referred to in Article 10, if the coordinating authority of the host Member State does not react within the time-limit referred to in paragraph 1, that time limit shall automatically be extended by
Amendment 55 #
Proposal for a directive Article 13 – paragraph 4 – subparagraph 1 The coordinating authority of the host Member State shall assess, within
Amendment 56 #
Proposal for a directive Article 13 – paragraph 4 – subparagraph 4 Upon receipt of the observations of the applicant or, where no observations have been made, upon expiration of the time- limit to present those observations, the coordinating authority of the host Member State shall decide, within
Amendment 57 #
Proposal for a directive Article 13 – paragraph 4 – subparagraph 4 Upon receipt of the observations of the applicant or, where no observations have been made, upon expiration of the time- limit to present those observations, the coordinating authority of the host Member State shall decide, within
Amendment 58 #
Proposal for a directive Article 13 – paragraph 6 6. In case the host Member State, upon expiration of the periods for its reaction mentioned in paragraphs, 2 and 4, does not request compliance with any condition under paragraph 1 or does not take the decision to issue the European services e-card under paragraph 4, the European services e-card shall be deemed to have been
Amendment 59 #
Proposal for a directive Article 16 – paragraph 3 – point vi a (new) (via) does not respect the existing employer obligations or workers’ and trade unions’ rights.
Amendment 60 #
Proposal for a directive Article 20 – paragraph 1 The Commission, with Member States, social partners and other relevant stakeholders, will establish monitoring arrangements to monitor and assess the implementation and impacts of this Directive, in particular on workers’ rights and how it impacts freedom of establishment and freedom to provide services across Member States for the service activities covered, namely by reducing costs for providers, enhancing transparency about providers expanding cross-border and increasing competition, and how it impacts prices and quality of the services concerned, considering relevant indicators.
Amendment 61 #
Proposal for a directive Annex I – Section F source: 601.269
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