2016/0403(COD) European services e-card and related administrative facilities
Lead committee dossier:
Progress: Procedure lapsed or withdrawn
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Lead | IMCO |
LØKKEGAARD Morten ( Renew)
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| Former Responsible Committee | IMCO | ||
| Committee Opinion | PETI | ||
| Committee Opinion | CONT | ||
| Committee Opinion | ECON | ||
| Committee Opinion | JURI | ||
| Committee Opinion | ITRE | ||
| Committee Opinion | EMPL | ||
| Committee Opinion | ENVI | ||
| Former Committee Opinion | ITRE |
David BORRELLI ( EFDD),
Olle LUDVIGSSON ( S&D),
Gesine MEISSNER ( ALDE),
Claude TURMES ( Verts/ALE),
Anneleen VAN BOSSUYT ( ECR)
|
|
| Former Committee Opinion | ECON | ||
| Former Committee Opinion | EMPL |
Rina Ronja KARI ( GUE/NGL),
Dieter-Lebrecht KOCH ( PPE),
Dominique MARTIN ( ENF),
Ulrike TREBESIUS ( ECR)
|
|
| Former Committee Opinion | CONT | ||
| Former Committee Opinion | ENVI | ||
| Former Committee Opinion | JURI | ||
| Former Committee Opinion | PETI |
Lead committee dossier:
Legal Basis:
TFEU 114
Legal Basis:
TFEU 114Subjects
Events
2021/04/23
EC - Proposal withdrawn by Commission
2017/10/11
CofR - Committee of the Regions: opinion
Documents
2017/05/31
ESC - Economic and Social Committee: opinion, report
Documents
2017/05/29
DE_BUNDESTAG - Contribution
Documents
2017/04/03
DE_BUNDESRAT - Contribution
Documents
2017/03/23
ES_PARLIAMENT - Contribution
Documents
2017/03/14
PT_PARLIAMENT - Contribution
Documents
2017/02/01
EP - Committee referral announced in Parliament, 1st reading
2017/01/11
EC - Document attached to the procedure
Documents
2017/01/11
EC - Document attached to the procedure
Documents
2017/01/10
EC - Legislative proposal published
Details
PURPOSE: to introduce a European services e-card and related administrative facilities in order to reduce administrative complexity for service providers that want to expand their activities to other Member States.
PROPOSED ACT: Regulation 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.
The proposal for a European services e-card – presented jointly with a Directive - is complementary to other policy initiatives in the context of services announced in the Single Market Strategy to prevent the introduction of barriers to cross-border service provision at national level.
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 Regulation seeks to introduce the European services e-card and related administrative facilities which can be used by providers to provide services across the border. Through the e-card they will be able to avoid administrative obstacles such as uncertainty as to which requirements apply, filling-in disparate forms in foreign languages, translating, certifying or authenticating documents and non-electronic procedural steps.
The proposal provides for the following:
where a service provider plans to provide a service temporarily cross-border , the e-card would be issued by the home Member State. The host Member States would be able to object to issuance of the e-card where the Services Directive already allows them to do so under one of the overriding reasons of public interest. Once issued, the e-card would allow the service provider to provide services on a temporary cross-border basis in the host Member State; where a service provider plans to provide services through a branch, agency or office in another Member State , the e-card is issued by the host Member State. In this case the service provider would still request the e-card with his home country authorities, who would check that the service provider is established on its territory in line with its applicable rules. But in a second step, the home Member States authorities would initiate a process with the relevant host country administration to allow the latter to verify if the requesting service provider meets its host country regulatory requirements in compliance with the Services Directive.
The European services e-card would also:
offer technical facilities to facilitate compliance with administrative formalities related to posting of staff into the territory of those Member States that have communicated to the Commission that they wish to make use of IMI for this purpose; include rules to facilitate obtaining insurance coverage for services provided across borders.
The European services e-card would apply – in a first stage – to business services and construction services – to the extent the related activities fall already under the Services Directive.
This proposal also includes review clauses for future consideration of the effectiveness of the European service e-card, including as regards compliance with the formalities necessary for the posting of workers.
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.
Documents
Documents
- Committee of the Regions: opinion: CDR1195/2017
- Economic and Social Committee: opinion, report: CES0729/2017
- Contribution: COM(2016)0824
- Contribution: COM(2016)0824
- Contribution: COM(2016)0824
- Contribution: COM(2016)0824
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2016)0442
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2016)0439
- Legislative proposal published: COM(2016)0824
- Legislative proposal published: EUR-Lex
- Document attached to the procedure: EUR-Lex SWD(2016)0442
- Document attached to the procedure: EUR-Lex SWD(2016)0439
- Economic and Social Committee: opinion, report: CES0729/2017
- Committee of the Regions: opinion: CDR1195/2017
- Contribution: COM(2016)0824
- Contribution: COM(2016)0824
- Contribution: COM(2016)0824
- Contribution: COM(2016)0824
| Amendments | Dossier |
| 413 |
2016/0403(COD)
2017/09/25
ITRE
23 amendments...
Amendment 10 #
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 11 #
Proposal for a regulation Recital 6 (6) Cross-border trade and cross-border investment in
Amendment 12 #
Proposal for a regulation Recital 7 (7) Addressing remaining obstacles to more cross-border activities in services, while at the same time maintaining high standards for consumers and workers, will help to strengthen competition, resulting in more choice and better prices for consumers as well as more competitive services sectors creating new jobs, promoting productivity and ensuring a more attractive climate for investment and innovation.
Amendment 13 #
Proposal for a regulation Recital 10 (10) In so doing, this Regulation specifically targets business
Amendment 14 #
Proposal for a regulation Recital 11 (11) All matters, activities and fields excluded from the scope of Directive
Amendment 15 #
Proposal for a regulation Recital 14 (14) The European services e-card should be fully electronic, rely
Amendment 16 #
Proposal for a regulation Recital 18 (18) Description of the terms of coverage of a mandatory or voluntary insurance included in written contracts might be difficult to find. Insurance distributers, as well as bodies appointed by a Member State to provide compulsory insurance, should therefore provide a description of the core elements of coverage to their client in the format of an insurance certificate. This certificate should be annexed to the application form.
Amendment 17 #
Proposal for a regulation Recital 25 (25) Procedures for issuing, updating, suspending or revoking a European services e-card should make use of documents only in exceptional circumstances, when more detailed information is absolutely essential.
Amendment 18 #
Proposal for a regulation Recital 31 Amendment 19 #
Proposal for a regulation Recital 34 (34) The application of this Regulation should be monitored and assessed in order to determine its impact on the costs of expanding operations cross-border, increased transparency about cross-border providers, competition, prices and quality of the services provided and on workers’ rights. The effects of this Regulation and the practical functioning of the cooperation between coordinating authorities should be evaluated regularly. This monitoring will happen in cooperation with Member States, social partners and other relevant stakeholders.
Amendment 20 #
Proposal for a regulation Article 1 – paragraph 2 In order to make available such a European services e-card to take up and pursue activities as a service provider, the necessary coordination of provisions laid down by law, regulation or administrative action in a Member State is laid down in Directive …….[ESC Directive].... This Regulation 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 that respect.
Amendment 21 #
Proposal for a regulation Article 2 – paragraph 3 – subparagraph 2 This Regulation
Amendment 22 #
Proposal for a regulation Article 2 – paragraph 3 – subparagraph 2 a (new) This Regulation is without prejudice to the different labour market models of the Member States, including labour market models regulated by collective agreements, and shall not in any way affect a Member State’s right to assess if a company is considered to be established in its territory.
Amendment 23 #
Proposal for a regulation Article 3 – paragraph 1 – point 14 14. "home Member State" means the Member State
Amendment 24 #
Proposal for a regulation Article 5 – paragraph 2 Amendment 25 #
Proposal for a regulation Article 8 – paragraph 1 – subparagraph 1 Providers shall have the right to paper- based in addition to fully electronic handling and processing of the procedures for the application, issue and update of a European services e-card as well as to fully electronic formalities in accordance with Articles 6(1), 6(3) and 7.
Amendment 26 #
Proposal for a regulation Article 8 – paragraph 2 – subparagraph 1 The Commission shall adopt technical specifications for the paper-based and for the electronic handling and processing of the procedures referred to in paragraph 1 by means of implementing acts, including measures to ensure the integrity, confidentiality and accuracy of the information, as well as the conditions and the procedures for the holder of a European services e-card to download such information, to allow third parties to access such information and for those third parties to verify that same information.
Amendment 27 #
Proposal for a regulation Article 9 – paragraph 1 1. In the context of procedures to issue, update, suspend or revoke a European services e-card competent authorities of Member States shall accept public documents
Amendment 28 #
Proposal for a regulation Article 11 – paragraph 2 Amendment 29 #
Proposal for a regulation Article 18 – paragraph 1 The Commission, with Member States, social partners and other relevant stakeholders, will establish monitoring arrangements to monitor the implementation and the impacts of this Regulation, in particular on workers’ rights and its impacts on the
Amendment 7 #
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 8 #
Amendment 9 #
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.
source: 601.275
2017/10/30
ECON
57 amendments...
Amendment 1 #
Proposal for a regulation – The Committee on Economic and Monetary Affairs calls on the Committee on the Internal Market and Consumer Protection, as the committee responsible, to propose rejection of the Commission proposal for a regulation of the European Parliament and of the Council introducing a European services e-card and related administrative facilities.
Amendment 10 #
Proposal for a regulation Recital 8 (8) This Regulation aims to facilitate the freedom of establishment and the free movement of services within the single market in certain areas already covered by Directive 2006/123/EC through the adoption of further measures on approximation of provisions which have as their object the establishment and functioning of the internal market. It should be based on Article 114 of the TFUE.
Amendment 11 #
Proposal for a regulation Recital 10 (10) In so doing, this Regulation specifically targets business
Amendment 12 #
Proposal for a regulation Recital 10 (10) In so doing, this Regulation specifically targets business
Amendment 13 #
Proposal for a regulation Recital 10 (10) In so doing, this Regulation specifically targets business
Amendment 14 #
Proposal for a regulation Recital 14 (14) The European services e-card should be fully electronic, rely almost exclusively on
Amendment 15 #
Proposal for a regulation Recital 15 (15) In order to submit an application for a European services e-card, a harmonised multilingual form should be made available ensuring that the elements necessary for identification of the provider and of the services for which the e-card is requested, as well as for the assessment of specific requirements applicable to the services at stake, such as those regarding proof of its establishment in the home Member State, good repute or insurance coverage, are included and thus made available not only to coordinating authorities in
Amendment 16 #
Proposal for a regulation Recital 15 (15) In order to submit an application for a European services e-card, a harmonised multilingual form should be made available ensuring that the elements
Amendment 17 #
Proposal for a regulation Recital 16 a (new) (16a) The Commission should specify as soon as possible all the categories that will appear in the type application form and the list of supporting documents to be attached.
Amendment 18 #
Proposal for a regulation Recital 18 Amendment 19 #
Proposal for a regulation Recital 18 Amendment 2 #
Proposal for a regulation – The Committee on Economic and Monetary Affairs calls on the Committee on Internal Market and Consumer Protection, as the committee responsible, to propose rejection of the Commission proposal.
Amendment 20 #
Proposal for a regulation Recital 25 (25) Procedures for issuing, updating, suspending or revoking a European services e-card should make use of documents only in exceptional circumstances, when more detailed information is absolutely essential.
Amendment 21 #
Proposal for a regulation Recital 30 Amendment 22 #
Proposal for a regulation Recital 30 Amendment 23 #
Proposal for a regulation Recital 31 Amendment 24 #
Proposal for a regulation Recital 31 Amendment 25 #
Proposal for a regulation Recital 32 Amendment 26 #
Proposal for a regulation Article 2 – paragraph 3 – subparagraph 2 This Regulation
Amendment 27 #
Proposal for a regulation Article 3 – paragraph 1 – point 1 1. “information on the good repute of a provider” means information as referred to in Article 33 (1) of Directive 2006/123/EC
Amendment 28 #
Proposal for a regulation Article 3 – paragraph 1 – point 9 Amendment 29 #
Proposal for a regulation Article 3 – paragraph 1 – point 14 14. ‘home Member State’
Amendment 3 #
Proposal for a regulation Title 1 Amendment 30 #
Proposal for a regulation Article 3 – paragraph 1 – point 14 14. “home Member State” means
Amendment 31 #
Proposal for a regulation Article 3 – paragraph 1 – point 19 Amendment 32 #
Proposal for a regulation Article 3 – paragraph 1 – point 19 19. “insurance
Amendment 33 #
Proposal for a regulation Article 4 – paragraph 1 – subparagraph 3 – point b (b) identification of the service activity, the host Member State, the type of European services e-card envisaged
Amendment 34 #
Proposal for a regulation Article 4 – paragraph 1 – subparagraph 3 – point c Amendment 35 #
Proposal for a regulation Article 4 – paragraph 1 – subparagraph 3 – point g Amendment 36 #
Proposal for a regulation Article 4 – paragraph 1 – subparagraph 3 – point h Amendment 37 #
Proposal for a regulation Article 5 Amendment 38 #
Proposal for a regulation Article 5 Amendment 39 #
Proposal for a regulation Article 5 – paragraph 1 – subparagraph 2 The insurance
Amendment 4 #
Proposal for a regulation 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, authorisations and notifications to go through. The Points of Single Contacts need to be upgraded in line with the proposal for a Regulation of the European Parliament and of the Council on establishing a single digital gateway to provide information, procedures, assistance and problem solving services and amending Regulation (EU) No 1024/20121a.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 the administrations of different Member States should in principle take place via the Internal Market Information System (IMI), an IT-platform offered for cross-border exchange of information and mutual assistance between authorities in different Member States under that Directive. Despite the fact that authorities sometimes have doubts with regard to the legal establishment of a provider in another Member State, the possibilities for cooperation currently provided in IMI are not exploited to their full potential.
Amendment 40 #
Proposal for a regulation Article 5 – paragraph 2 – subparagraph 1 Amendment 41 #
Proposal for a regulation Article 7 – paragraph 1 – subparagraph 1 Providers who are natural persons and apply for a European services e-card may submit a declaration in advance in relation to their own professional qualifications in an electronic platform connected to IMI under the same conditions as prescribed by paragraph 1 of Article 6 in relation to their workers. Natural persons who are third- country nationals legally residing in a Member State may apply for the European e-card on an equal basis.
Amendment 42 #
Proposal for a regulation Article 9 – paragraph 1 1. In the context of procedures to issue, update, suspend or revoke a European services e-card competent authorities of Member States shall accept public documents
Amendment 43 #
Proposal for a regulation Article 9 – paragraph 1 1. In the context of procedures to issue, update, suspend or revoke a European services e-card competent authorities of Member States
Amendment 44 #
Proposal for a regulation Article 11 Amendment 45 #
Proposal for a regulation Article 11 Amendment 46 #
Proposal for a regulation Article 11 – paragraph 1 Amendment 47 #
Proposal for a regulation Article 11 – paragraph 1 1. An insurance
Amendment 48 #
Proposal for a regulation Article 11 – paragraph 2 Amendment 49 #
Proposal for a regulation Article 11 – paragraph 2 – subparagraph 1 Amendment 5 #
Proposal for a regulation Recital 3 a (new) (3a) In order to ensure the proper conditions for introduction of the European services e-card, the Internal Market Information System (IMI) needs to be thoroughly recast to make it more user-friendly and accessible. This must go hand in hand with training for the coordinating authorities in the use of this new computer tool and the deployment of digital technology throughout Europe.
Amendment 50 #
Proposal for a regulation Article 12 Amendment 51 #
Proposal for a regulation Article 12 Amendment 52 #
Proposal for a regulation Article 12 – title Obligations for insurance
Amendment 53 #
Proposal for a regulation Article 12 – paragraph 1 Insurance
Amendment 54 #
Proposal for a regulation Article 12 – paragraph 1 Insurance distributors and bodies appointed by a Member State to provide compulsory insurance shall duly take into account in the acceptance policy
Amendment 55 #
Proposal for a regulation Article 13 Amendment 56 #
Proposal for a regulation Article 13 Amendment 57 #
Proposal for a regulation Article 17 – paragraph 1 1. For the purposes of this Regulation, each Member State shall designate one or more coordinating authorit
Amendment 6 #
Proposal for a regulation Recital 4 (4) Requirements remain in place which can make expansion of service providers’ operations across the internal market burdensome and unappealing, such as multiple and disparate authorisation schemes before different authorities and, which, regarding establishment, fail to achieve mutual recognition of conditions previously complied with in other Member States or, regarding temporary cross-border provision of services sometimes apply disproportionate or unjustified restrictions. As a consequence, service providers can face multiple and disproportionate compliance costs when going cross-border.
Amendment 7 #
Proposal for a regulation Recital 6 (6) Cross-border trade and cross-border investment in
Amendment 8 #
Proposal for a regulation Recital 6 (6) Cross-border trade and cross-border investment in certain business
Amendment 9 #
Proposal for a regulation Recital 6 (6) Cross-border trade and cross-border investment in certain business
source: 612.374
2017/11/06
EMPL
89 amendments...
Amendment 100 #
Proposal for a regulation Article 17 – paragraph 1 1. For the purposes of this Regulation,
Amendment 101 #
Proposal for a regulation Article 17 – paragraph 1 1. For the purposes of this Regulation, each Member State shall designate one coordinating authority, empowered to perform the tasks assigned to them in accordance with this Regulation. In order to rationalise public expenditure, Member States shall have discretion to require that this authority must be an existing authority.
Amendment 102 #
Proposal for a regulation Article 17 – paragraph 3 3. This Article shall not call into question the allocation of the competences, at local or regional level, of the Member States. Without prejudice to paragraph 1, competent authorities in Member States shall retain all competences allocated to them under national law and act accordingly in the context of procedures to issue, update, suspend, revoke or cancel a European services e-card, as well as in relation to the formalities performed in accordance with Articles 6(1), 6(3) and 7.
Amendment 103 #
Proposal for a regulation Article 18 – paragraph 1 The Commission, with Member States, social partners and other relevant stakeholders, will establish monitoring arrangements to monitor the implementation and the impacts of this Regulation, in particular its impacts on the freedom of establishment and freedom to provide services across Member States for the services covered, with regard to costs for providers of expanding operations cross-border, enhancing transparency about cross-border providers, increasing competition and how it impacts prices and quality of those services concerned, considering relevant indicators. It shall assess, inter alia, the impact on social dumping and additional costs which the e- card might generate. Every three months it shall assess the number of people in bogus self-employment, so as to check that the implementation of the e-card is not encouraging the growth of this phenomenon.
Amendment 104 #
Proposal for a regulation Article 19 – paragraph 1 By 60 months after entry into force of this Regulation and at the latest every five years thereafter, the Commission shall carry out an evaluation of this Regulation and submit to the European Parliament and the Council a report on its performance, including an analysis of the impact on administrative burden incurred upon by service providers active across borders. This report shall also include an assessment of any practical experience relevant to cooperation between coordinating authorities. Th
Amendment 16 #
Proposal for a regulation – The Committee on Employment and Social Affairs calls on the Committee on Internal Market and Consumer Protection, as the committee responsible, to propose rejection of the Commission proposal.
Amendment 17 #
Proposal for a regulation – The Committee on Employment and Social Affairs calls on the Committee on Internal Market and Consumer Protection, as the committee responsible, to propose rejection of the Commission proposal.
Amendment 18 #
Proposal for a regulation 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, authorisations and notifications to go through.
Amendment 19 #
Proposal for a regulation 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, authorisations and notifications to go through. The Points of Single Contacts need to be upgraded in line with the proposal for a Regulation of the European Parliament and of the Council on establishing a single digital gateway to provide information, procedures, assistance and problem solving services and amending Regulation (EU) No 1024/20121a. 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 the administrations of different Member States should in principle take place via the Internal Market Information System (IMI), an IT-platform offered for cross-border exchange of information and mutual assistance between authorities in different Member States under that Directive. Despite the fact that authorities sometimes have doubts with regard to the legal establishment of a provider in another Member State, the possibilities for cooperation currently provided in IMI are not exploited to their full potential.
Amendment 20 #
Proposal for a regulation Recital 3 a (new) (3a) In order to create the correct conditions for the introduction of the European services e-card, the Internal Market Information System (IMI) needs to be thoroughly recast to make it more user-friendly and accessible. This should go hand in hand with training the coordinating authorities in the use of this new computer tool, and with the roll-out of digital technology, throughout Europe.
Amendment 21 #
Proposal for a regulation Recital 4 (4) Requirements remain in place which can make expansion of service providers' operations across the internal market burdensome and unappealing, such as multiple and disparate authorisation schemes before different authorities and, which, regarding establishment, fail to achieve mutual recognition of conditions previously complied with in other Member States or, regarding temporary cross-border provision of services sometimes apply disproportionate or unjustified restrictions. As a consequence, in some cases service providers may face multiple and disproportionate compliance costs when going cross-border.
Amendment 22 #
Proposal for a regulation Recital 6 (6) Cross-border trade and cross-border investment in certain business
Amendment 23 #
Proposal for a regulation Recital 8 (8) This Regulation aims to facilitate the freedom of establishment and the free movement of services within the single market in areas already covered by Directive 2006/123/EC through the adoption of further measures on approximation of provisions which have as their object the establishment and functioning of the internal market. It should be based on Article 114 of the TFUE. During the e-card procedure for secondary establishment, a separate mechanism for suspending/withdrawing the e-card and the possibility of case-by- case derogations must be ensured.
Amendment 24 #
Proposal for a regulation Recital 8 (8) This Regulation aims to facilitate the freedom of establishment and the free movement of services within the single market in certain areas already covered by Directive 2006/123/EC through the adoption of further measures on approximation of provisions which have as their object the establishment and functioning of the internal market. It should be based on Article 114 of the TF
Amendment 25 #
Proposal for a regulation Recital 10 (10) In so doing, this Regulation specifically targets business
Amendment 26 #
Proposal for a regulation Recital 10 (10) In so doing, this Regulation specifically targets business
Amendment 27 #
Proposal for a regulation Recital 10 a (new) (10a) Furthermore, the European services e-card should contribute positively towards making the European market more competitive, facilitating administrative provisions for businesses, which could give a further push for growth and employment policies.
Amendment 28 #
Proposal for a regulation Recital 14 (14) The European services e-card should be fully electronic, rely
Amendment 29 #
Proposal for a regulation Recital 14 (14) The European services e-card should be fully electronic, rely almost exclusively on data provided by home Member State and other reliable sources, limit the use of documents to the minimum necessary and allow for multilingual processing to avoid translation costs. In order to make the procedure fully electronic and allow for administrative cooperation between home and host Member States. The Internal Market Information system set up by Regulation (EU) No 1024/2012 of the European Parliament and of the Council22 should be used under this Regulation. A specific electronic platform should be developed for the purpose of issuing, updating, suspending, revoking or cancelling European services e-cards, as well as to make valid European services e-cards electronically available to their holders and to competent authorities. __________________ 22 Regulation (EU) No 1024/2012 of the European Parliament and of the Council of 25 October 2012 on administrative cooperation through the Internal Market Information System and repealing Commission Decision 2008/49/EC ( ‘the IMI Regulation’ ) (OJ L 316, 14.11.2012, p. 1)
Amendment 30 #
Proposal for a regulation Recital 14 (14) The European services e-card should be fully electronic, rely almost exclusively on
Amendment 31 #
Proposal for a regulation Recital 15 (15) In order to submit an application
Amendment 32 #
Proposal for a regulation Recital 15 (15) In order to submit an application for a European services e-card, a harmonised multilingual form should be made available ensuring that the elements necessary for identification of the provider and of the services for which the e-card is requested, as well as for the assessment of specific requirements applicable to the services at stake, such as those regarding proof of its establishment in the home Member State, good repute or insurance coverage, are included and thus made available to coordinating authorities in both home and host Member States. The application for a European services e- card should be submitted to the coordinating authority of the home Member State, where the applicant has its previous legal establishment, to be checked by that same home Member State during its assessment of the application. As in the context of Directive 2006/123/EC, in case of several places of establishment for the services concerned, the location of the provider's centre of activities relating to the particular service in question should be that place of establishment. The determination that the home Member State in relation to one or more e-cards is not where the centre of activities of its holder is located should determine the revocation of those e-cards.
Amendment 33 #
Proposal for a regulation Recital 16 a (new) (16a) The Commission should specify as soon as possible all the categories which will appear in the type application form and the list of supporting documents to be attached.
Amendment 34 #
Proposal for a regulation Recital 17 (17) During the implementation of this Regulation, Member States should inform and update the Commission of procedures
Amendment 35 #
Proposal for a regulation Recital 18 (18) Description of the terms of coverage of a mandatory or voluntary insurance included in written contracts might be difficult to find. Insurance distributers, as well as bodies appointed by a Member State to provide compulsory insurance, should therefore provide a description of the core elements of coverage to their client in the format of an insurance certificate. This certificate should be annexed to the application form.
Amendment 36 #
Proposal for a regulation Recital 18 (18) Description of the terms of coverage of a mandatory or voluntary insurance included in written contracts might be difficult to find. Insurance distributers
Amendment 37 #
Proposal for a regulation Recital 19 (19) Holders of a European services e- card may want to second staff into the territory of the host Member State. When doing so, service providers may be subject to requirements, such as
Amendment 38 #
Proposal for a regulation Recital 21 (21) As regards the
Amendment 39 #
Proposal for a regulation Recital 21 (21) As regards the
Amendment 40 #
Proposal for a regulation Recital 22 (22) The electronic platform connected to IMI should be made available by the Commission to those Member States that have previously communicated to the Commission their intention to make use of this possibility. Where Member States decide to allow for the use of IMI for the sending of the
Amendment 41 #
Proposal for a regulation Recital 25 (25) Procedures for issuing, updating, suspending or revoking a European services e-card should make use of documents
Amendment 42 #
Proposal for a regulation Recital 25 (25) Procedures for issuing, updating, suspending or revoking a European services e-card should make use of documents
Amendment 43 #
Proposal for a regulation Recital 30 (30) Service providers obliged to acquire professional liability insurance in Member States where they have not been active often have difficulty demonstrating
Amendment 44 #
Proposal for a regulation Recital 30 (30) Service providers obliged to acquire professional liability insurance in Member States where they have not been active often have difficulty demonstrating their claims history regarding cover obtained elsewhere. Claims histories are an essential element to insurance distributers in ascertaining and assessing the risk profile of a potential client.
Amendment 45 #
Proposal for a regulation Recital 31 Amendment 46 #
Proposal for a regulation Recital 31 Amendment 47 #
Proposal for a regulation Recital 32 (32) A statement relating to claims history should be instrumental in
Amendment 48 #
Proposal for a regulation Recital 33 (33)
Amendment 49 #
Proposal for a regulation Recital 33 (33) A single coordinating authority should be designated by each Member State
Amendment 50 #
Proposal for a regulation Recital 34 (34) The application of this Regulation should be regularly monitored and assessed in order to determine its impact on the costs of expanding operations cross- border, increased transparency about cross- border providers, competition, prices and quality of the services provided. The effects of this Regulation and the practical functioning of the cooperation between coordinating authorities should be evaluated
Amendment 51 #
Proposal for a regulation Recital 36 Amendment 52 #
Proposal for a regulation Recital 37 (37) This Regulation respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. In particular, this Regulation, through the introduction of the European services e-card and related administrative facilities and procedures, seeks to promote the rights of establishment and the right to provide services in any Member State, preventing any discrimination on grounds of nationality
Amendment 53 #
Proposal for a regulation Article 2 – paragraph 2 – subparagraph -1 (new) This Regulation shall not apply to the area regulated by Directive 2005/36/EC.
Amendment 54 #
Proposal for a regulation Article 2 – paragraph 2 – subparagraph 2 a (new) This Regulation shall not apply to the area covered by the Professional Qualifications Recognition Directive (2005/36/EC).
Amendment 55 #
Proposal for a regulation Article 2 – paragraph 3 – subparagraph 2 a (new) This Regulation shall be without prejudice to the different labour market models of the Member States, including labour markets regulated by collective agreements.
Amendment 56 #
Proposal for a regulation Article 2 – paragraph 3 a (new) 3a. This Regulation is without prejudice to other Union acts related to social security and labour law, including any legal or contractual provision concerning employment conditions, working conditions, in particular health and safety at work and the relationship between employers and workers.
Amendment 57 #
Proposal for a regulation Article 3 – paragraph 1 – point -1 (new) -1 "European services e-card": means an electronic tool, resulting from a harmonised procedure, proving that its holder is a service provider legally established in the home Member State, entitled, in that territory, to provide the service activities in question, as well as stipulating the right of its holder to start provision of the services in question in the host Member State, without establishing there or through a branch, an agency or office located therein, as the case may be, and to continue such provision, for as long as it remains valid;
Amendment 58 #
Proposal for a regulation Article 3 – paragraph 1 – point 14 14. ‘home Member State’ means:
Amendment 59 #
Proposal for a regulation Article 3 – paragraph 1 – point 17 17. ‘coordinating authority’ means an authority
Amendment 60 #
Proposal for a regulation Article 4 – paragraph 1 – subparagraph 1 Providers may voluntarily choose to apply for a European services e-card.
Amendment 61 #
Proposal for a regulation Article 4 – paragraph 1 – subparagraph 2 Any applications for a European services e-card shall be submitted in an electronic platform connected to IMI using a multilingual standard form, which shall be available in all the languages of European Union.
Amendment 62 #
Proposal for a regulation Article 4 – paragraph 1 – subparagraph 3 – point a (a) identification of the provider, including
Amendment 63 #
Proposal for a regulation Article 4 – paragraph 1 – subparagraph 3 – point d (d) information
Amendment 64 #
Proposal for a regulation Article 4 – paragraph 1 a (new) 1a. Information on service providers deemed to be their personal data must be protected and accessible only to authorised persons. Such information must comply with the rules on the protection of personal data contained in Directive 95/46/EC, Regulation (EU) 2016/679, and national legislation.
Amendment 65 #
Proposal for a regulation Article 4 – paragraph 2 – subparagraph 1 Amendment 66 #
Proposal for a regulation Article 4 – paragraph 3 Amendment 67 #
Proposal for a regulation Article 4 – paragraph 4 4. Member States shall provide to the Commission with all information on the procedural steps related to requirements imposed on providers for the provision of services through a branch, agency or office and for temporary cross-border provision of service activities falling under Directive …[ESC Directive]……….., necessary for the development of the standard application forms, describing the information and documents the presentation of which is required under national law of the provider in relation to all applicable requirements, through IMI by [9 months after entry into force of this
Amendment 68 #
Proposal for a regulation Article 5 – paragraph 1 – subparagraph 2 The insurance distributor
Amendment 69 #
Proposal for a regulation Article 5 – paragraph 2 Amendment 70 #
Proposal for a regulation Article 5 – paragraph 2 Amendment 71 #
Proposal for a regulation Article 5 – paragraph 2 – subparagraph 1 Amendment 72 #
Proposal for a regulation Article 5 – paragraph 2 – subparagraph 1 The Commission
Amendment 73 #
Proposal for a regulation Article 6 – paragraph 1 – subparagraph 1 Amendment 74 #
Proposal for a regulation Article 6 – paragraph 1 – subparagraph 1 a (new) Such declaration shall be renewed once a year if the service provider intends to provide temporary or occasional services in the host Member State during that year. The service provider may supply the declaration by any means.
Amendment 75 #
Proposal for a regulation Article 6 – paragraph 2 – subparagraph 1 Amendment 76 #
Proposal for a regulation Article 6 – paragraph 3 Amendment 77 #
Proposal for a regulation Article 6 – paragraph 3 – subparagraph 4 Amendment 78 #
Proposal for a regulation Article 6 – paragraph 4 Amendment 79 #
Proposal for a regulation Article 7 – paragraph 1 – subparagraph 2 Regarding declarations in advance in relation to the professional qualifications of the provider, the attestations referred to in points b) and d) of Article 7(2) of Directive 2005/36/EC shall
Amendment 80 #
Proposal for a regulation Article 8 – paragraph 3 3. The coordinating authorities of Member States shall inform the public about the functioning
Amendment 81 #
Proposal for a regulation Article 9 – paragraph 1 1. In the context of procedures to issue, update, suspend or revoke a European services e-card competent authorities of Member States
Amendment 82 #
Proposal for a regulation Article 9 – paragraph 1 1. In the context of procedures to issue, update, suspend or revoke a
Amendment 83 #
Proposal for a regulation Article 9 – paragraph 1 1. In the context of procedures to issue, update, suspend or revoke a European services e-card competent authorities of Member States
Amendment 84 #
Proposal for a regulation Article 9 – paragraph 1 1. In the context of procedures to issue, update, suspend or revoke a European services e-card competent authorities of Member States shall
Amendment 85 #
Proposal for a regulation Article 9 – paragraph 1 1. In the context of procedures to issue, update, suspend or revoke a European services e-card, competent authorities of Member States shall normally accept documents in a simple copy form
Amendment 86 #
Proposal for a regulation Article 9 – paragraph 1 1. In the context of procedures to issue, update, suspend or revoke a European services e-card competent authorities of Member States shall accept documents in a simple copy form and shall not request that documents submitted to them
Amendment 87 #
Proposal for a regulation Article 9 – paragraph 3 3. A certified translation shall
Amendment 88 #
Proposal for a regulation Article 9 – paragraph 4 Amendment 89 #
Proposal for a regulation Article 11 – paragraph 1 (1)
Amendment 90 #
Proposal for a regulation Article 11 – paragraph 2 Amendment 91 #
Proposal for a regulation Article 11 – paragraph 2 Amendment 92 #
Proposal for a regulation Article 11 – paragraph 2 – subparagraph 1 The Commission
Amendment 93 #
Proposal for a regulation Article 12 Amendment 94 #
Proposal for a regulation Article 12 – paragraph 1 Insurance distributors
Amendment 95 #
Proposal for a regulation Article 13 – paragraph 1 Professional organisations, including competent authorities as defined in points (i) and (ii) of Article 3(18), which offer group cover related to professional liability insurance to their members or to providers of services under specific conditions
Amendment 96 #
Proposal for a regulation Article 14 – paragraph 1 1. Coordinating authorities and competent authorities in different Member States shall exchange information and give each other mutual assistance in the context of a procedure to issue suspend, revoke or cancel a European services e-card as well as in the update of the information contained therein.
Amendment 97 #
Proposal for a regulation Article 14 – paragraph 1 1. Coordinating authorities and competent authorities in different Member States shall exchange information and give each other mutual assistance in the context of a procedure to issue suspend, revoke or cancel a European services e-card as well as in the update of the information contained therein.
Amendment 98 #
Proposal for a regulation Article 14 – paragraph 2 a (new) 2a. A Member State may, for overriding reasons of general interest or to protect sensitive economic data, refuse to allow the interconnection of national registers. The Member States shall inform the European Parliament and the Commission accordingly.
Amendment 99 #
Proposal for a regulation Article 17 – paragraph 1 1. For the purposes of this Regulation
source: 612.184
2017/12/01
IMCO
123 amendments...
Amendment 100 #
Proposal for a regulation Recital 27 Amendment 101 #
Proposal for a regulation Recital 27 (27) Certified translation of documents
Amendment 102 #
Proposal for a regulation Recital 28 (28)
Amendment 103 #
Proposal for a regulation Recital 30 Amendment 104 #
Proposal for a regulation Recital 30 (30) Service providers obliged to acquire professional liability insurance in
Amendment 105 #
Proposal for a regulation Recital 30 (30) Service providers obliged to acquire professional liability insurance in Member States where they have not been active often have difficulty demonstrating their claims history regarding cover obtained elsewhere. Claims histories are an essential element to insurance distribut
Amendment 106 #
Proposal for a regulation Recital 31 Amendment 107 #
Proposal for a regulation Recital 31 Amendment 108 #
Proposal for a regulation Recital 31 (31) In order to ensure uniform implementation of this Regulation in relation to the presentation of the description of liabilities according to Article 11, implementing powers to adopt rules on the standardi
Amendment 109 #
Amendment 110 #
Proposal for a regulation Recital 32 Amendment 111 #
Proposal for a regulation Recital 32 a (new) (32a) Professional organisations which offer group cover related to professional liability insurance to their members or to service providers under specific conditions must ensure access to such cover, under the same conditions and in a non-discriminatory manner, to service providers from other Member States. Applicants for the Professional Card wishing to access such group cover should, if necessary, require their employees to be registered with the professional organisation or association of the country of destination of their employees, so as, inter alia, to benefit from the lower costs of collective professional policies and the extent of their cover.
Amendment 112 #
Proposal for a regulation Recital 37 Amendment 113 #
Proposal for a regulation Article 1 – paragraph 1 This Regulation introduces a European services e-card and related administrative facilities, which shall be made available throughout the European Union to undertakings that provide
Amendment 114 #
Proposal for a regulation Article 1 – paragraph 1 a (new) This Regulation does not affect the rules on national requirements in place in the host Member States in terms of service provision. Moreover, the Regulation will not infringe EU law in terms of employment conditions, in particular those of posted workers, but also in terms of health, security and environmental protection.
Amendment 115 #
Proposal for a regulation Article 2 – paragraph 2 – subparagraph 1 This Regulation does not affect the matters mentioned in Article 1(2) to (7) of Directive 2006/123/EC. It shall not have any impact on the regulatory requirements for the provision of services that are in place at national level, such as rules concerning social protection, consumer rights, health and safety or the environment. It does therefore not introduce the country of origin principle.
Amendment 116 #
Proposal for a regulation Article 2 – paragraph 2 – subparagraph 1 This Regulation does not affect the matters mentioned in Article 1(2) to (7) of Directive 2006/123/EC. It shall not have any impact on the regulatory requirements for the provision of services that are in place at national level, such as rules concerning social protection, consumer rights, health and safety or the environment. It does therefore not introduce the country of origin principle.
Amendment 117 #
Proposal for a regulation Article 2 – paragraph 3 – subparagraph 2 This Regulation, in particular its Chapter III, 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 and shall not affect in any way the right of Member States to verify whether a company is established in their territory. Furthermore, in order to strengthen the rights and obligations laid down in those Directives, the Commission, after the transposition of this Directive, shall take action against cases of social dumping and consider the possibility of tabling a legislative proposal to extend the scope of EU competition law.
Amendment 118 #
Proposal for a regulation Article 2 – paragraph 3 – subparagraph 2 This Regulation, in particular its Chapter III, 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 and EU Regulations 883/2004/EC and 987/2009/EC on the coordination of social security systems.
Amendment 119 #
Proposal for a regulation Article 2 – paragraph 3 – subparagraph 2 This Regulation, in particular its Chapter III, 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 concerning the posting of workers, including the posting of workers who are third country nationals.
Amendment 120 #
Proposal for a regulation Article 2 – paragraph 3 – subparagraph 2 a (new) Furthermore, this Regulation shall be without prejudice to Directives 2014/23 and 2014/25 and the procedures contained in the European Single Procurement Document (ESPD).
Amendment 121 #
Proposal for a regulation Article 2 – paragraph 3 a (new) 3a. The e-card procedure shall apply only to undertakings that supply services, while self-employed workers providing services on a temporary basis will be excluded from the scope of the Directive and, in order to be able to provide their services, must be subject to recognition of their professional qualifications under Directive 2005/36/EC of the European Parliament and of the Council.
Amendment 122 #
Proposal for a regulation Article 3 – paragraph 1 – point 1 1. "information on the good repute of a provider" means information as referred to in Article 33 (1) of Directive 2006/123/EC - provided that this means only completed procedures;
Amendment 123 #
Proposal for a regulation Article 3 – paragraph 1 – point 14 14. "home Member State" means the Member State
Amendment 124 #
Proposal for a regulation Article 3 – paragraph 1 – point 19 a (new) 19a. ‘insurance intermediary’ means any natural or legal person, other than an insurance or reinsurance undertaking or their employees and other than an ancillary insurance intermediary, who, for remuneration, takes up or pursues the activity of insurance distribution in accordance with Article 2(1) of Directive EU 2016/97 of the European Parliament and of the Council;
Amendment 125 #
Proposal for a regulation Article 4 – paragraph 1 – subparagraph 1 Providers may choose to apply for a European services e-card for one or more countries.
Amendment 126 #
Proposal for a regulation Article 4 – paragraph 1 – subparagraph 2 Any applications for a European services e-card shall be submitted in an electronic platform connected to IMI using a multilingual standard form, which shall differ according to the service.
Amendment 127 #
Proposal for a regulation Article 4 – paragraph 1 – subparagraph 3 – point a (a) identification of the provider, including, where applicable, the nationality of the service provider, the country of establishment, registration numbers in central, commercial or company registers and for tax and social security purposes;
Amendment 128 #
Proposal for a regulation Article 4 – paragraph 1 – subparagraph 3 – point a (a) identification of the provider, the provider’s nationality and the country in which its business is based, including, where applicable, registration numbers in central, commercial or company registers and for tax and social security purposes;
Amendment 129 #
Proposal for a regulation Article 4 – paragraph 1 – subparagraph 3 – point a (a) identification of the provider, including the social security number and, where applicable, registration numbers in central, commercial or company registers and for tax and social security purposes;
Amendment 130 #
Proposal for a regulation Article 4 – paragraph 1 – subparagraph 3 – point b (b) statistical identification code of the service activit
Amendment 131 #
Proposal for a regulation Article 4 – paragraph 1 – subparagraph 3 – point c a (new) (ca) indication whether pre-approval as an economic operator active in public procurement in accordance with Article 64 of Directive 2014/24/EU or Article 46 of Directive 2009/81/EC is envisaged;
Amendment 132 #
Proposal for a regulation Article 4 – paragraph 1 – subparagraph 3 – point e (e) requirements to which the applicant is subject for the provision of the service in its home Member State, such as qualifications or certifications, compulsory registration with or membership of a professional organisation;
Amendment 133 #
Proposal for a regulation Article 4 – paragraph 1 – subparagraph 3 – point e a (new) Amendment 134 #
Proposal for a regulation Article 4 – paragraph 1 – subparagraph 3 – point g (g) information on any existing professional
Amendment 135 #
Proposal for a regulation Article 4 – paragraph 1 – subparagraph 3 – point g (g) information on any existing professional indemnity insurance of the provider in relation to professional liability in the territory of the home Member State,
Amendment 136 #
Proposal for a regulation Article 4 – paragraph 1 – subparagraph 3 – point h a (new) (ha) requirements relating to recognition of the professional qualifications necessary in order to provide the service, where applicable;
Amendment 137 #
Proposal for a regulation Article 4 – paragraph 2 – subparagraph 1 Amendment 138 #
Proposal for a regulation Article 4 – paragraph 3 Amendment 139 #
Proposal for a regulation Article 4 – paragraph 3 – introductory part 3. The Commission
Amendment 140 #
Proposal for a regulation Article 4 – paragraph 3 – introductory part 3. The Commission is empowered to adopt – after consulting relevant stakeholders, such as professional organisations – delegated acts in accordance with Article 15 in order to further specify:
Amendment 141 #
Proposal for a regulation Article 4 – paragraph 4 4. Member States shall provide to the Commission with all information on the procedural steps related to requirements imposed on providers for the provision of services through a branch, agency or office and for temporary cross-border provision of service activities falling under Directive …[ESC Directive]……….., necessary for the development of the standard application forms, describing the information and documents the presentation of which is required under national law of the provider in relation to all applicable requirements, through IMI by [9 months after entry into force of this Regulation] to the extent that the information was not contained in the notification of the requirement itself
Amendment 142 #
Proposal for a regulation Article 5 Amendment 143 #
Proposal for a regulation Article 5 – paragraph 1 – subparagraph 2 The insurance
Amendment 144 #
Proposal for a regulation Article 5 – paragraph 1 – subparagraph 2 The insurance
Amendment 145 #
Proposal for a regulation Article 5 – paragraph 1 – subparagraph 3 The insurance certificate shall contain information about the existence of professional liability insurance for the services concerned, including the territorial scope of such cover in other Member States, the insured risks, the
Amendment 146 #
Proposal for a regulation Article 5 – paragraph 2 Amendment 147 #
Proposal for a regulation Article 6 – paragraph 4 Amendment 148 #
Proposal for a regulation Article 7 – paragraph 1 – subparagraph 1 Providers who are natural persons and apply for or already hold a European services e-card may submit a declaration in advance in relation to their own professional qualifications in an electronic platform connected to IMI under the same conditions as prescribed by paragraph 1 of Article 6 in relation to their workers.
Amendment 149 #
Proposal for a regulation Article 7 – paragraph 1 – subparagraph 2 Regarding declarations in advance in relation to the professional qualifications of the provider, the proof of nationality, the details of insurance cover, the attestation
Amendment 150 #
Proposal for a regulation Article 7 – paragraph 3 Amendment 151 #
Proposal for a regulation Article 8 – paragraph 1 – subparagraph 1 Amendment 152 #
Proposal for a regulation Article 8 – paragraph 2 Amendment 153 #
Proposal for a regulation Article 8 – paragraph 2 – subparagraph 2 Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 16(2) and shall guarantee personal data protection.
Amendment 154 #
Proposal for a regulation Article 9 – paragraph 3 Amendment 155 #
Proposal for a regulation Article 9 – paragraph 4 Amendment 156 #
Proposal for a regulation Article 10 – paragraph 1 – subparagraph 1 Amendment 157 #
Proposal for a regulation Article 10 – paragraph 1 – subparagraph 1 Any fees charged in the context of a procedure to issue a European services e- card shall be reasonable and proportionate and shall not exceed the cost directly ensuing from the specific work related to the procedure in order to avoid excessive user costs, especially in the case of microenterprises and SMEs.
Amendment 158 #
Proposal for a regulation Article 10 – paragraph 1 – subparagraph 2 Amendment 159 #
Proposal for a regulation Article 10 – paragraph 1 – subparagraph 3 Amendment 160 #
Proposal for a regulation Article 10 – paragraph 2 Amendment 161 #
Proposal for a regulation Article 10 – paragraph 2 2. Member States shall communicate the fees and payment modalities introduced under this Article to the Commission through IMI by [
Amendment 162 #
Proposal for a regulation Article 10 – paragraph 3 Amendment 163 #
Proposal for a regulation Article 11 Amendment 164 #
Proposal for a regulation Article 11 – paragraph 1 1. An insurance
Amendment 165 #
Proposal for a regulation Article 11 – paragraph 2 Amendment 166 #
Proposal for a regulation Article 12 Amendment 167 #
Proposal for a regulation Article 12 Amendment 168 #
Proposal for a regulation Article 12 – title Obligations for insurance
Amendment 169 #
Proposal for a regulation Article 12 – paragraph 1 Insurance
Amendment 170 #
Proposal for a regulation Article 13 Amendment 171 #
Proposal for a regulation Article 13 – paragraph 1 Professional organisations, including competent authorities as defined in points (i) and (ii) of Article 3(18), which offer group cover related to professional liability insurance to their members or to providers of services under specific conditions, shall ensure access to such cover, under the same conditions in a non-discriminatory manner, to providers of services from other Member States which express an interest in benefiting from such group cover. Access to insurance under specific conditions, including for service providers from other Member States, cannot be made available at the expense of the requirement to belong to a professional organisation, if required.
Amendment 172 #
Proposal for a regulation Article 14 – paragraph 3 Amendment 173 #
Proposal for a regulation Article 15 – paragraph 2 a (new) 2a. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with principles laid down in the Interinstitutional Agreement on Better law-making of 13 April 2016.
Amendment 174 #
Proposal for a regulation Article 17 – paragraph 2 2. Member States shall communicate the identity of the coordinating authorities designated in accordance with paragraph 1 to the Commission by [
Amendment 175 #
Proposal for a regulation Article 19 – paragraph 1 By
Amendment 176 #
Proposal for a regulation Article 19 – paragraph 1 By
Amendment 177 #
Proposal for a regulation Article 19 – paragraph 1 By 36
Amendment 178 #
Proposal for a regulation Article 19 – paragraph 1 By 36
Amendment 179 #
Proposal for a regulation Article 19 – paragraph 2 a (new) The Commission shall, as part of the review, assess whether and how to introduce a harmonised multilingual format for the insurance certificate as referred to in Article 5 of this Regulation. If the outcome of the assessment deems a standardised multilingual format for the insurance certificate appropriate, the Commission shall adopt rules accordingly.
Amendment 180 #
Proposal for a regulation Article 21 – paragraph 2 Article 4(1) to (3), Article 5(1), Article 6(1), (2), (3) and (4) , Article 7(1) and (2), Article 8(1), Article 9(1), (2) and (3), Article 10(1) and Article 14(1), (2) and (3) shall apply from [t
Amendment 63 #
Proposal for a regulation 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, authorisations 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 the administrations of different Member States should in principle take place via a more complex and sophisticated version of the Internal Market Information System (IMI), an IT-platform offered for cross-border exchange of information and mutual assistance between authorities in different Member States under that Directive. Despite the fact that authorities sometimes have doubts with regard to the legal establishment of a provider in another Member State, the possibilities for cooperation currently provided in IMI are not exploited to their full potential. To make this happen, the IMI system should be implemented with a public interface for service providers, interconnections with other relevant systems, a back-office function for national authorities, and a better system for data matching, data mining and data processing so that the authorities are able to carry out checks in real time and thereby limit the proliferation of fraudulent practices and letterbox companies.
Amendment 64 #
Proposal for a regulation 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, authorisations and notifications to go through. However, costly information challenges and difficulties complying with national procedures and laws at a distance remain to date for service providers, namely for sector-related requirements, in relation to any liability insurance, for example. Care should therefore be taken to ensure that points of single contact have the necessary information and that details are given of the service offered by providers. Cooperation between the administrations of different Member States should in principle take place via the Internal Market Information System (IMI), an IT-platform offered for cross-border exchange of information and mutual assistance between authorities in different Member States under that Directive. Despite the fact that authorities sometimes have doubts with regard to the legal establishment of a provider in another Member State, the possibilities for cooperation currently provided in IMI are not exploited to their full potential.
Amendment 65 #
Proposal for a regulation Recital 3 a (new) (3a) Recalls that the internal market must be based on reciprocal trust among the Member States. To this end, and in order to ensure the authenticity of the information and documents required during the procedure for issuing the services e-card, the host Member State must be able to verify their validity in all circumstances.
Amendment 66 #
Proposal for a regulation Recital 3 a (new) (3a) The host Member State should be able to ask the home Member State to verify the validity of documents in case of reasonable doubt.
Amendment 67 #
Proposal for a regulation Recital 4 Amendment 68 #
Proposal for a regulation Recital 4 (4)
Amendment 69 #
Proposal for a regulation Recital 4 a (new) (4a) The European services e-card should not legitimise unreasonable requirements that Member States should already have withdrawn in compliance with Directive 2006/123/EC or that are in breach of Directive 96/71/EC or Directive 2014/67/EU.
Amendment 70 #
Proposal for a regulation Recital 6 (6) Cross-border trade and cross-border investment in certain business
Amendment 71 #
Proposal for a regulation Recital 6 (6) Cross-border trade and cross-border investment in certain
Amendment 72 #
Proposal for a regulation Recital 7 Amendment 73 #
Proposal for a regulation Recital 8 Amendment 74 #
Proposal for a regulation Recital 9 Amendment 75 #
Proposal for a regulation Recital 10 (10) In so doing, this Regulation specifically targets business and construction service sectors included in scope of Directive …[ESC Directive]… which face some of the most stringent regulatory and administrative barriers to cross-border expansion and consequently have an unexploited potential for internal market integration. The e-card procedure will apply only to undertakings that supply services and will exclude self- employed workers providing services on a temporary basis, who must therefore be subject to recognition of their professional qualifications under Directive 2005/36/EC of the European Parliament and of the Council.
Amendment 76 #
Proposal for a regulation Recital 10 (10) In so doing, this Regulation specifically targets business and construction service sectors included in scope of Directive …[ESC Directive]… which face some of the most stringent regulatory and administrative barriers to cross-border expansion and consequently
Amendment 77 #
Proposal for a regulation Recital 10 (10) In so doing, this Regulation specifically targets
Amendment 78 #
Proposal for a regulation Recital 10 a (new) (10a) The e-card procedure will apply only to undertakings that supply services, while self-employed workers providing services on a temporary basis will be excluded from the scope of the Directive and must therefore be subject to recognition of their professional qualifications under Directive 2005/36/EC of the European Parliament and of the Council.
Amendment 79 #
Proposal for a regulation Recital 12 (12) For reasons of coherence, possible conflicts between the present Regulation and other EU acts governing specific aspects of access or exercise of a service activity in a specific sector should be solved as provided for in Article 3 of Directive 2006/123/EC for conflicts between that Directive and such acts, with the application of those other acts. As a result, the provisions in the present Regulation cannot be relied upon in order to justify prior authorisation schemes, prior notification schemes or establishment requirements which are prohibited by other EU acts governing specific aspects of access or exercise of a service activity in a specific sector such as Directive 2000/31/EC of the European Parliament and of the Council of 8 June 200019. As a further result, this Regulation does in no way affect the obligations service providers should respect in accordance with Directive 96/71/EC of the European Parliament and of the Council20 and Directive 2014/67/EU of the European Parliament and of the Council21
Amendment 80 #
Proposal for a regulation Recital 12 (12) For reasons of coherence, possible conflicts between the present Regulation and other EU acts governing specific aspects of access or exercise of a service activity in a specific sector should be solved as provided for in Article 3 of Directive 2006/123/EC for conflicts between that Directive and such acts, with the application of those other acts. As a result, the provisions in the present
Amendment 81 #
Proposal for a regulation Recital 14 Amendment 82 #
Proposal for a regulation Recital 15 Amendment 83 #
Proposal for a regulation Recital 16 Amendment 84 #
Proposal for a regulation Recital 16 (16) The power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to specify the details of the information to be contained in the standard application form and the documents to be included in the application as supporting evidence. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work
Amendment 85 #
Proposal for a regulation Recital 16 a (new) (16a) Those consultations should in particular involve stakeholders from the sectors which fall under the scope of this Regulation, including professional and sectoral organisations and social partners in the services sector.
Amendment 86 #
Proposal for a regulation Recital 17 Amendment 87 #
Proposal for a regulation Recital 18 Amendment 88 #
Proposal for a regulation Recital 18 (18) Description of the terms of coverage of a mandatory or voluntary insurance included in written contracts might be difficult to find. Insurance distributors, as well as bodies appointed by a Member State to provide compulsory insurance, should therefore provide a description of the core elements of coverage to their client in the format of an insurance certificate.
Amendment 89 #
Proposal for a regulation Recital 18 (18) Description of the terms of coverage of a mandatory or voluntary insurance included in written contracts might be difficult to find. Insurance
Amendment 90 #
Proposal for a regulation Recital 19 Amendment 91 #
Proposal for a regulation Recital 19 (19) Holders of a European services e- card may want to second staff into the territory of the host Member State. When doing so, service providers may be subject to requirements, such as prior declarations addressed to the host Member State, necessary for the protection of posted workers or their registration with an appropriate professional organisation to be able to provide their services. The European Services e-card will in no way affect the content of such declarations and the responsibilities by the host Member State in that regard or the obligations arising in the host Member State to be able to provide services.
Amendment 92 #
Proposal for a regulation Recital 19 (19)
Amendment 93 #
Proposal for a regulation Recital 21 Amendment 94 #
Proposal for a regulation Recital 22 Amendment 95 #
Proposal for a regulation Recital 23 Amendment 96 #
Proposal for a regulation Recital 23 (23) In order to ensure uniform implementation of this Regulation in relation to procedures to issue and update
Amendment 97 #
Proposal for a regulation Recital 25 Amendment 98 #
Proposal for a regulation Recital 25 (25) Procedures for issuing, updating, suspending or revoking a European services e-card should make use of documents only in exceptional circumstances, when more detailed information is absolutely essential. In any case, all of such documents should be used
Amendment 99 #
Proposal for a regulation Recital 26 source: 615.303
2017/12/05
JURI
109 amendments...
Amendment 1 #
Proposal for a regulation – The Committee on Legal Affairs calls on the Committee on the Internal Market and Consumer Protection, as the committee responsible, to propose rejection of the Commission proposal.
Amendment 10 #
Proposal for a regulation Recital 7 Amendment 100 #
Proposal for a regulation Article 12 – paragraph 1 Insurance
Amendment 101 #
Proposal for a regulation Article 13 Amendment 102 #
1. Coordinating authorities and competent authorities in different Member States shall exchange information and give each other mutual assistance in the context of a procedure to issue suspend, revoke or cancel a European services e-card as well as in the update of the information contained therein with a view to speeding up the above-mentioned procedures . This obligation shall also apply in the context of formalities in accordance with Articles 6 (1) and 7 for secondment of staff and movement of self-
Amendment 103 #
Proposal for a regulation Article 14 – paragraph 1 1. Coordinating authorities and competent authorities in different Member States shall exchange information and give each other mutual assistance in the context of a procedure to issue suspend, revoke or cancel a European services e-card as well as in the monitoring/supervision and update of the information contained therein. This obligation shall also apply in the context of formalities in accordance with Articles 6 (1) and 7 for secondment of staff and movement of self-
Amendment 104 #
Proposal for a regulation Article 14 – paragraph 3 – subparagraph 1 Amendment 105 #
Proposal for a regulation Article 15 – paragraph 1 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016.
Amendment 106 #
Proposal for a regulation Article 17 – paragraph 1 1. For the purposes of this Regulation, each Member State shall designate one or more coordinating authorit
Amendment 107 #
Proposal for a regulation Article 17 – paragraph 2 2. Member States shall communicate the identity of the coordinating authorities designated in accordance with paragraph 1 to the Commission by [
Amendment 108 #
Proposal for a regulation Article 18 – paragraph 1 The Commission, with Member States, social partners and other relevant stakeholders, will establish monitoring arrangements to monitor the implementation and the impact
Amendment 109 #
Proposal for a regulation Article 19 – paragraph 1 By 60 months after entry into force of this Regulation and at the latest every five years thereafter, the Commission shall carry out an evaluation of this Regulation and submit to the European Parliament and the Council a report on its performance, including an analysis of the impact on administrative burden incurred upon by service providers active across borders. This report shall also include an assessment of any practical experience relevant to cooperation between coordinating authorities. Th
Amendment 11 #
Proposal for a regulation Recital 7 (7) Addressing remaining obstacles to more cross-border activities in services will help to strengthen competition, resulting in more choice and better prices for consumers as well as more competitive services sectors creating new jobs, promoting productivity and ensuring a more attractive climate for investment and innovation. In addition, as services account for 40% in the value of a final manufacturing product in the EU, better functioning of services markets will have a positive impact on the competitiveness of industry.
Amendment 12 #
Proposal for a regulation Recital 7 (7) Addressing remaining obstacles to more cross-border activities in services will help to strengthen competition, resulting in more choice and better prices for consumers as well as more competitive services sectors creating new jobs, promoting productivity and ensuring a more attractive climate for investment and innovation, always under the scope of respecting and protecting the rights of workers.
Amendment 13 #
Proposal for a regulation Recital 8 Amendment 14 #
Proposal for a regulation Recital 9 Amendment 15 #
Proposal for a regulation Recital 10 (10) In so doing, this Regulation specifically targets business and construction service sectors included in scope of Directive …[ESC Directive]…
Amendment 16 #
Proposal for a regulation Recital 10 (10) In so doing, this Regulation specifically targets business
Amendment 17 #
Proposal for a regulation Recital 11 (11) All matters, activities and fields excluded from the scope of Directive 2006/123/EC should remain excluded from the scope of this Regulation. In particular, this Regulation does not affect matters, activities and fields such as those deriving from taxation, social security and labour law, including any legal or contractual provision concerning employment conditions (such as posting of workers, workers' rights and the social pillar), working conditions, including health and safety at work and the relationship between employers and workers. The provisions of this Regulation do not change or call into question existing safeguards in this respect. Equally this Regulation does not affect the social security or environmental protection legislation of the Member States. This Regulation is also without prejudice to any provision stemming from competition law as well as any rule on the applicable law or jurisdiction pursuant to private international law.
Amendment 18 #
Proposal for a regulation Recital 12 (12) For reasons of coherence, possible conflicts between the present Regulation and other EU acts governing specific aspects of access or exercise of a service activity in a specific sector should be solved as provided for in Article 3 of Directive 2006/123/EC for conflicts between that Directive and such acts, with the application of those other acts. As a result, the provisions in the present Regulation cannot be relied upon in order to justify prior authorisation schemes, prior notification schemes or establishment requirements which are prohibited by other EU acts governing specific aspects of access or exercise of a service activity in a specific sector such as Directive 2000/31/EC of the European Parliament and of the Council of 8 June 200019 . As a further result, this Regulation does in no way affect the rights and obligations service providers should respect in accordance with Directive 96/71/EC of the European Parliament and of the Council20 and Directive 2014/67/EU of the European Parliament and of the Council21 . Consequently, the rules on posting of workers under Directives 96/71/EC and 2014/67/EU will continue to apply in the context of the European services e-card. _________________ 19 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (OJ L 178, 17.7.2000, p. 1).
Amendment 19 #
Proposal for a regulation Recital 13 (13) A European services e-card should be introduced as a voluntary alternative to service providers working, in particular, in construction and business services. Service providers should continue to enjoy the possibility of demonstrating compliance with applicable requirements when expanding operations across borders in the context of other authorisations and notifications introduced under the national law of the Member States concerned. A service provider should always be able to choose not to apply for a European services e-card.
Amendment 2 #
Proposal for a regulation – The Committee on Legal Affairs calls on the Committee on the Internal Market and Consumer Protection, as the committee responsible, to propose rejection of the Commission proposal.
Amendment 20 #
Proposal for a regulation Recital 13 a (new) (13a) Administrative simplification is being implemented by setting up an EU- level harmonised procedure, which starts in the home Member State and which allows the same procedural workflow to be implemented irrespective of the host Member State or of the service in question, as it is specifically designed for cross-border situations, resulting in a certificate, namely the European services e-card, which mentions, and is equivalent to, the right to start the provision of services in the host Member State and to continue such provision for as long as the European services e-card remains valid. The European services e-card and the related workflow ensure the integrity and confidentiality of the data stored. Service providers requesting the provision of multiple services in a host Member State may apply for more than one service at the same time.
Amendment 21 #
Proposal for a regulation Recital 14 Amendment 22 #
Proposal for a regulation Recital 14 (14) The European services e-card should be fully electronic, accessible and user-friendly, rely almost exclusively on data provided by reliable sources, limit the use of documents to the minimum necessary and allow for multilingual processing to avoid translation costs. In order to make the procedure fully electronic and allow for administrative cooperation between home and host
Amendment 23 #
Proposal for a regulation Recital 14 (14) The European services e-card should be fully electronic, rely
Amendment 24 #
Proposal for a regulation Recital 15 Amendment 25 #
Proposal for a regulation Recital 15 (15) In order to submit an application for a European services e-card, a harmonised multilingual form should be made available ensuring that the elements necessary for identification of the provider and of the services for which the e-card is requested, as well as for the assessment of specific requirements applicable to the services at stake, such as those regarding proof of its establishment in the home Member State, proof of an existing genuine legal situation and of the veracity of other information or documents from the jurisdiction of the home Member State, good repute or insurance coverage, are included and thus made available to coordinating authorities in both home and host Member States.
Amendment 26 #
Proposal for a regulation Recital 16 Amendment 27 #
Proposal for a regulation Recital 17 Amendment 28 #
Proposal for a regulation Recital 18 Amendment 29 #
Proposal for a regulation Recital 19 (19) Holders of a European services e- card may want to second staff into the territory of the host Member State. When doing so, service providers may be subject to requirements, such as prior declarations addressed to the host Member State, necessary for the protection of posted workers, in accordance with Article 6 of this Regulation. The European Services e- card will in no way affect the content of such declarations and the responsibilities by the host Member State in that regard; nor will it in any way affect the rights and obligations of posted workers, in accordance with EU legislation and with national law.
Amendment 3 #
Proposal for a regulation – The Committee on Legal Affairs calls on the Committee on the Internal Market and Consumer Protection, as the committee responsible, to propose rejection of the Commission proposal.
Amendment 30 #
Proposal for a regulation Recital 23 Amendment 31 #
Proposal for a regulation Recital 24 (24) Domestic administrative procedures supporting the procedures governed by this Regulation should be electronic if the Member States in question so decide. They are encouraged, however, to promote the use of e-procedures with a view to bureaucratic decongestion and faster handling of the issues involved. Member States could
Amendment 32 #
Proposal for a regulation Recital 25 Amendment 33 #
Proposal for a regulation Recital 25 (25) Procedures for issuing, updating, suspending or revoking a European services e-card are governed by the ‘once- only’ principle and should make use of documents only in
Amendment 34 #
Proposal for a regulation Recital 26 Amendment 35 #
Proposal for a regulation Recital 27 Amendment 36 #
Proposal for a regulation Recital 28 (28) When they apply for a European services e-card, service providers who expand operations across borders should see a drastic reduction in the costs which they bear at present. Member States are entitled to charge fees only to the extent of the specific costs borne to carry out the procedure. Costs borne already by the budget of the Union should not give rise to extra fees charged by Member States. Member States should communicate their fees charged to the Commission through IMI and publish such information. Any fees which applicants incur in relation to administrative procedures for issuing a European services e-card should be reasonable, proportionate and should not act as a disincentive to apply for a European services e-card. Given that IMI is in essence offering all necessary facilities, Member States should, inter alia, not charge fees to update, suspend, revoke or cancel a European services e-card. In order to ensure uniform implementation of the provisions on the payment of fees, implementing powers should be conferred on the Commission to adopt rules on payment modalities and processing. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council.
Amendment 37 #
Proposal for a regulation Recital 30 Amendment 38 #
Proposal for a regulation Recital 30 (30) Service providers obliged to acquire professional liability insurance in Member States where they have not been active often have difficulty demonstrating their claims history regarding cover obtained elsewhere. Claims histories are an
Amendment 39 #
Proposal for a regulation Recital 31 Amendment 4 #
Proposal for a regulation – The Committee on Legal Affairs calls on the Committee on the Internal Market and Consumer Protection, as the committee responsible, to propose rejection of the Commission proposal.
Amendment 40 #
Proposal for a regulation Recital 32 Amendment 41 #
Proposal for a regulation Recital 34 (34) The application of this Regulation should be monitored and assessed in order to determine its impact on the costs of expanding operations cross-border, the simplification of administrative procedures for the expansion of cross- border operations, increased transparency about cross-border providers, competition and competitiveness, prices and quality of the services provided. The effects of this Regulation and the practical functioning of the cooperation between coordinating authorities in the home and host Member States should be evaluated regularly. This monitoring will happen in cooperation with Member States, social partners and other relevant stakeholders.
Amendment 42 #
Proposal for a regulation Recital 37 Amendment 43 #
Proposal for a regulation Article 1 – paragraph 1 Amendment 44 #
Proposal for a regulation Article 1 – paragraph 2 In order to make available such a European services e-card to take up and pursue activities as a cross-border service provider, the necessary coordination of provisions laid down by law, regulation or administrative action in a Member State is laid down in Directive ….[ESC Directive]…’
Amendment 45 #
Proposal for a regulation Article 2 – paragraph 2 – subparagraph 1 a (new) This Regulation shall not have any impact on the regulatory requirements for the provision of services that are in place at national and EU level, such as rules concerning social protection, consumer rights, health, safety or the environment. It does not therefore introduce the country of origin principle.
Amendment 46 #
Proposal for a regulation Article 2 – paragraph 2 a (new) 2a. This Regulation is also without prejudice to any provision stemming from EU competition rules, as well as any rule regarding the law or jurisdiction applicable under private international law.
Amendment 47 #
Proposal for a regulation Article 2 – paragraph 3 – subparagraph 2 This Regulation
Amendment 48 #
Proposal for a regulation Article 2 – paragraph 3 – subparagraph 2 a (new) This Regulation shall fully respect the administrative and procedural autonomy of the Member States.
Amendment 49 #
Proposal for a regulation Article 2 – paragraph 3 – subparagraph 2 b (new) The fundamental rights, such as the protection of personal data, the right of establishment and the right to provide services in any Member State, the right to equality and non-discrimination on grounds of nationality, the right to an impartial, fair and reasonably speedy procedure, as well as the prohibition of abuse of rights, shall be fully respected.
Amendment 5 #
Proposal for a regulation Recital 1 (1) The Treaty on the Functioning of the European Union (TFEU) guarantees service providers the freedom of establishment in Member States and the freedom to provide services across Member States. The Charter of Fundamental Rights of the European Union also provides for the right of any EU citizen to provide services in any other Member State.
Amendment 50 #
Proposal for a regulation Article 3 – paragraph 1 – point 1 1. "information on the good repute of a provider" means information as referred to in Article 33 (1) of Directive 2006/123/EC
Amendment 51 #
Proposal for a regulation Article 3 – paragraph 1 – point 1 a (new) 1a. The European services e-card is a digital certificate issued as a result of a voluntary procedure initiated in the home Member State, this procedure being fully electronic, specifically designed for cross- border situations, fully multilingual and data-driven, minimising the use of documents, governed by the ‘once-only’ principle and harmonised at EU-level; the European services e-card certifies that the holder is lawfully engaged in his or her activity in the home Member State and establishes the right of the holder to start providing the services in question in the host Member State, temporarily or through a branch, agency or offices located therein and continue providing them for the duration of validity of the card.
Amendment 52 #
Proposal for a regulation Article 3 – paragraph 1 – point 11 a (new) 11a. “recipient” shall mean a recipient, as defined in Article 4(3) of Directive 2006/123/EC;
Amendment 53 #
Proposal for a regulation Article 3 – paragraph 1 – point 14 14.
Amendment 54 #
Proposal for a regulation Article 4 – paragraph 1 – subparagraph 1 Providers
Amendment 55 #
Proposal for a regulation Article 4 – paragraph 1 – subparagraph 2 Any applications for a European services e-card shall be submitted to the competent authority in the home Member State, in an electronic platform connected to IMI using a multilingual standard form, in accordance with the provisions of this Regulation.
Amendment 56 #
Proposal for a regulation Article 4 – paragraph 1 – subparagraph 3 – point b (b) identification of the service
Amendment 57 #
Proposal for a regulation Article 4 – paragraph 1 – subparagraph 3 – point b (b) identification of the service activity, the host Member State, the type of European services e-card envisaged
Amendment 58 #
Proposal for a regulation Article 4 – paragraph 1 – subparagraph 3 – point c Amendment 59 #
Proposal for a regulation Article 4 – paragraph 1 – subparagraph 3 – point d (d) information pertaining to the name of the home Member State, establishment of the provider in the home Member State
Amendment 6 #
Proposal for a regulation 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, authorisations and notifications to go through.
Amendment 60 #
Proposal for a regulation Article 4 – paragraph 1 – subparagraph 3 – point d (d) information pertaining to establishment of the provider in the home Member State in relation to the service activity identified in accordance with (b)
Amendment 61 #
Proposal for a regulation Article 4 – paragraph 1 – subparagraph 3 – point f Amendment 62 #
Proposal for a regulation Article 4 – paragraph 1 – subparagraph 3 – point h Amendment 63 #
Proposal for a regulation Article 4 – paragraph 2 Amendment 64 #
Proposal for a regulation Article 4 – paragraph 2 – subparagraph 1 The Commission shall clearly specify how the information referred to in points (a) to (h) above is to be presented in the standard form and lay down the technical details of the standard form throughout the European
Amendment 65 #
Proposal for a regulation Article 4 – paragraph 2 – subparagraph 2 The application shall include all the necessary
Amendment 66 #
Proposal for a regulation Article 4 – paragraph 3 Amendment 67 #
Proposal for a regulation Article 4 – paragraph 3 Amendment 68 #
Proposal for a regulation Article 4 – paragraph 4 4. Member States shall provide to the Commission with all information on the procedural steps related to requirements imposed on providers for the provision of services through a branch, agency or office and for temporary cross-border provision of service activities falling under Directive …[ESC Directive]……….., necessary for the development of the standard application forms, describing the information and documents the presentation of which is required under national law of the provider in relation to
Amendment 69 #
Proposal for a regulation Article 5 Amendment 7 #
Proposal for a regulation Recital 3 (3) Directive 2006/123/EC requires Member States to step up their cooperation efforts and 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 (including assistance) about requirements to be complied with and e-procedures in respect of all formalities, authorisations and notifications to go through. However, administrative obstacles, 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 the administrations of different Member States should in principle take place via the Internal Market Information System (IMI), an IT-platform offered for cross-border exchange of information and mutual assistance between authorities in different Member States under that Directive. Despite the fact that authorities sometimes have doubts with regard to the legal establishment of a provider in another Member State, the possibilities for
Amendment 70 #
Proposal for a regulation Article 5 – paragraph 1 – subparagraph 2 The insurance
Amendment 71 #
Proposal for a regulation Article 5 – paragraph 2 – subparagraph 1 Amendment 72 #
Proposal for a regulation Article 5 – paragraph 2 – subparagraph 2 Amendment 73 #
Proposal for a regulation Article 6 – paragraph 1 – subparagraph 1 Amendment 74 #
Proposal for a regulation Article 6 – paragraph 3 Amendment 75 #
Proposal for a regulation Article 6 – paragraph 3 – subparagraph 1 Amendment 76 #
Amendment 77 #
Proposal for a regulation Article 6 – paragraph 3 – subparagraph 3 Amendment 78 #
Proposal for a regulation Article 6 – paragraph 3 – subparagraph 4 Amendment 79 #
Proposal for a regulation Article 6 – paragraph 4 Amendment 8 #
Proposal for a regulation Recital 4 Amendment 80 #
Proposal for a regulation Article 6 – paragraph 4 Amendment 81 #
Proposal for a regulation Article 7 – paragraph 1 – subparagraph 2 Regarding declarations in advance in relation to the professional qualifications of the provider, his/her nationality, details regarding the insurance certificate, the attestations referred to in points b) and d) of Article 7(2) of Directive 2005/36/EC shall be replaced by the completed application form for issuance of a European services e-card, communicated to the host Member State in accordance with Article 11 of Directive
Amendment 82 #
Proposal for a regulation Article 7 – paragraph 3 Amendment 83 #
Proposal for a regulation Article 8 – paragraph 1 – subparagraph 1 Amendment 84 #
Proposal for a regulation Article 8 – paragraph 1 – subparagraph 3 Member States shall determine whether the procedural workflows between their coordinating authorities and their competent authorities involved in the European services e-card procedures and formalities for secondment of staff and movement of self-employed in accordance
Amendment 85 #
Proposal for a regulation Article 8 – paragraph 2 Amendment 86 #
Proposal for a regulation Article 8 – paragraph 3 3.
Amendment 87 #
Proposal for a regulation Article 9 – paragraph 1 1. In the context of procedures to issue, update, suspend or revoke a European services e-card competent authorities of Member States shall accept documents in a simple copy form from the European services e-card applicant, and shall not request that documents submitted to them are subject to legalisation, apostille formalities, certification or authentication.
Amendment 88 #
Proposal for a regulation Article 9 – paragraph 1 1. In the context of procedures to issue, update, suspend or revoke a European services e-card competent authorities of Member States
Amendment 89 #
Proposal for a regulation Article 9 – paragraph 3 Amendment 9 #
Proposal for a regulation Recital 5 (5) Formalities associated with authorisations and notifications often require paper forms to be filled in and paper documents to be submitted, to be translated at significant cost, which must even comply with particular form requirements such as certification or authentication. Information regarding these obstacles is either not available online or is scarce, incomplete, dispersed and difficult to interpret in relation to the particular circumstances of a provider expanding across borders, as they often target purely domestic situations.
Amendment 90 #
Proposal for a regulation Article 9 – paragraph 4 Amendment 91 #
Proposal for a regulation Article 9 – paragraph 4 Amendment 92 #
Proposal for a regulation Article 10 – paragraph 1 – subparagraph 1 Any fees charged in the context of a procedure to issue a European services e- card shall be reasonable and proportionate, shall not act as a disincentive for applicants, shall not exceed total fees for existing procedures and shall not exceed the cost directly ensuing from the specific work related to the procedure.’
Amendment 93 #
Proposal for a regulation Article 10 – paragraph 2 2. Member States shall communicate the fees and payment modalities introduced under this Article to the Commission through IMI, by [
Amendment 94 #
Proposal for a regulation Article 10 – paragraph 3 – subparagraph 1 Amendment 95 #
Proposal for a regulation Article 10 – paragraph 3 – subparagraph 2 Amendment 96 #
Proposal for a regulation Article 11 Amendment 97 #
Proposal for a regulation Article 11 – paragraph 1 1.
Amendment 98 #
Proposal for a regulation Article 12 Amendment 99 #
Proposal for a regulation Article 12 – title Obligations for insurance
source: 615.319
2018/02/19
EMPL
12 amendments...
Amendment 1 #
Proposal for a regulation 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, authorisations and notifications to go through. The Points of Single Contacts need to be upgraded in line with the proposal for a Regulation of the European Parliament and of the Council on establishing a single digital gateway to provide information, procedures, assistance and problem solving services and amending Regulation (EU) No 1024/20121a.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 the administrations of different Member States should in principle take place via the Internal Market Information System (IMI), an IT-platform offered for cross-border exchange of information and mutual assistance between authorities in different Member States under that Directive. Despite the fact that authorities sometimes have doubts with regard to the legal establishment of a provider in another Member State, the possibilities for cooperation currently provided in IMI are not exploited to their full potential. In order to create the correct conditions for the introduction of the introduction of the European services e-card, the Internal Market Information System (IMI) needs to be thoroughly recast to make it more user friendly and accessible. This should go hand in hand with training the coordinating authorities in the use of this new computer and tool, and with the roll- out of digital technology, throughout Europe
Amendment 10 #
Proposal for a regulation Recital 30 (30) Service providers obliged to acquire professional liability insurance in Member States where they have not been active often have difficulty demonstrating their claims history regarding cover obtained elsewhere. Claims histories are an essential element to insurance distributers in ascertaining and assessing the risk profile of a potential client.
Amendment 11 #
Proposal for a regulation Article 9 – paragraph 1 1. In the context of procedures to issue, update, suspend or revoke a European services e-card competent authorities of Member States shall only accept
Amendment 12 #
Proposal for a regulation Article 14 – paragraph 1 1. Coordinating authorities and competent authorities in different Member States shall exchange information and give each other mutual assistance in the context of a procedure to issue suspend, revoke or
Amendment 2 #
Proposal for a regulation Recital 4 (4) Requirements remain in place which can make expansion of service providers' operations across the internal market burdensome and unappealing, such as multiple and disparate authorisation schemes before different authorities and, which, regarding establishment, fail to achieve mutual recognition of conditions previously complied with in other Member States or, regarding temporary cross-border provision of services sometimes apply disproportionate or unjustified restrictions. As a consequence, in some cases service providers may face multiple and disproportionate compliance costs when going cross-border
Amendment 3 #
Proposal for a regulation Recital 6 (6) Cross-border trade and cross-border investment in certain business
Amendment 4 #
Proposal for a regulation Recital 8 (8) This Regulation aims to facilitate the freedom of establishment and the free movement of services within the single market in certain areas already covered by Directive 2006/123/EC through the adoption of further measures on approximation of provisions which have as their object the establishment and functioning of the internal market. It should be based on Article 114 of the TF
Amendment 5 #
Proposal for a regulation Recital 10 (10) In so doing, this Regulation specifically targets business
Amendment 6 #
Proposal for a regulation Recital 14 (14) The European services e-card should be fully electronic, rely
Amendment 7 #
Proposal for a regulation Recital 18 (18) Description of the terms of coverage of a mandatory or voluntary insurance included in written contracts might be difficult to find. Insurance distributers,
Amendment 8 #
Proposal for a regulation Recital 21 (21) As regards the
Amendment 9 #
Proposal for a regulation Recital 25 (25) Procedures for issuing, updating, suspending or revoking a European services e-card should make use of documents
source: 615.385
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125064
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1913
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2020-02-14Show (1) Changes | Timetravel
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False
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2020-01-05Show (1) Changes | Timetravel
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False
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2019-11-01Show (1) Changes | Timetravel
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2019-10-15Show (1) Changes | Timetravel
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False
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2019-10-10Show (1) Changes | Timetravel
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False
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2019-09-19Show (1) Changes | Timetravel
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False
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2019-08-07Show (21) Changes | Timetravel
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2019-07-06Show (34) Changes | Timetravel
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| committees/13 |
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| committees/15 |
|
| docs |
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| events |
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| links |
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| other |
|
| procedure/dossier_of_the_committee |
Old
IMCO/8/09048New
|
| procedure/instrument |
Old
RegulationNew
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| procedure/subject |
Old
New
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| procedure/summary |
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2018-03-22Show (1) Changes | Timetravel
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2018-01-09Show (1) Changes | Timetravel
| activities/0/docs/0/celexid |
CELEX:52016PC0824:EN
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2018-01-08Show (1) Changes | Timetravel
| activities/0/docs/0/celexid |
CELEX:52016PC0824:EN
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2017-10-17Show (4) Changes | Timetravel
| activities/1/committees/4/shadows/4/mepref |
Old
4f1ac5d6b819f25efd000004New
53b2d935b819f205b0000055 |
| activities/1/committees/4/shadows/4/name |
Old
ALBRECHT Jan PhilippNew
DURAND Pascal |
| committees/4/shadows/4/mepref |
Old
4f1ac5d6b819f25efd000004New
53b2d935b819f205b0000055 |
| committees/4/shadows/4/name |
Old
ALBRECHT Jan PhilippNew
DURAND Pascal |
2017-10-13Show (1) Changes | Timetravel
| links/Research document |
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2017-10-06Show (1) Changes | Timetravel
| links/Research document |
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2017-09-01Show (2) Changes | Timetravel
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2017-07-11Show (4) Changes | Timetravel
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2017-05-29T00:00:00
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| committees/1/date |
2017-05-29T00:00:00
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2017-07-02Show (2) Changes | Timetravel
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2017-03-30Show (4) Changes | Timetravel
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2017-03-22T00:00:00
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2017-03-22T00:00:00
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2017-03-29Show (4) Changes | Timetravel
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2017-03-27T00:00:00
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2017-03-27T00:00:00
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2017-03-24Show (4) Changes | Timetravel
| activities/1/committees/5/date |
2017-03-15T00:00:00
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2017-03-15T00:00:00
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| committees/5/rapporteur |
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2017-03-13Show (1) Changes | Timetravel
| activities/0/docs/0/celexid |
CELEX:52016PC0824:EN
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2017-03-12Show (1) Changes | Timetravel
| activities/0/docs/0/celexid |
CELEX:52016PC0824:EN
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2017-03-09Show (4) Changes | Timetravel
| activities/1/committees/4/date |
2017-01-25T00:00:00
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| committees/4/date |
2017-01-25T00:00:00
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2017-03-03Show (2) Changes | Timetravel
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2017-02-25Show (2) Changes | Timetravel
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2017-02-16Show (3) Changes | Timetravel
| activities/0/docs/0/text |
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| activities/1/committees/4/shadows |
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| committees/4/shadows |
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2017-02-04Show (3) Changes | Timetravel
| activities/1 |
|
| procedure/dossier_of_the_committee |
IMCO/8/09048
|
| procedure/stage_reached |
Old
Preparatory phase in ParliamentNew
Awaiting committee decision |
2017-01-31Show (5) Changes
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