{"change_dates":[],"dossier":{"amendments":[{"authors":"Laura Agea, Piernicola Pedicini, Marco Zullo, Tiziana Beghin, Rosa D'Amato, Marco Valli","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-1","justification":"The need to respect the proportionality principle already exists in the Treaties, in Directive\n123/2006/EC and in Directive 2005/36/EC, as amended by Directive 2013/55/EU.Moreover,\nthere is a wide range of legal literature, formed by the judgments of the European Court of\nJustice, which provides a regulatory framework for the assessment of regulations for\nprofessions, such as to understand whether they are proportionate.Access to the professions,\nand the harmonised regulation of professions at EU level, should be improved, but this is not\nthe appropriate instrument with which to do it.","location":[["Proposal for a directive","\u2013"]],"meps":[124811,124844,125237,124777,124835,124778],"meta":{"created":"2019-07-03T06:18:29"},"new":["The Committee on Employment and","Social Affairs calls on the Committee on","the Internal Market and Consumer","Protection, as the committee responsible,","to propose rejection of the Commission","proposal."],"orig_lang":"it","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"1","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":"Jasenko Selimovic","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-2","location":[["Proposal for a directive","Title 1"]],"meps":[134243],"meta":{"created":"2019-07-03T06:18:29"},"new":["Proposal for a","DIRECTIVE OF THE EUROPEAN","PARLIAMENT AND OF THE COUNCIL","on a proportionality test before adoption of","new regulation of services and professions","(Text with EEA relevance)"],"old":["Proposal for a","DIRECTIVE OF THE EUROPEAN","PARLIAMENT AND OF THE COUNCIL","on a proportionality test before adoption of","new regulation of professions","(Text with EEA relevance)"],"orig_lang":"en","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"2","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":" \u00c1d\u00e1m K\u00f3sa","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-3","location":[[" Proposal for a directive","Recital 1"]],"meps":[96829],"meta":{"created":"2019-07-03T06:18:29"},"new":["1. The Charter of Fundamental Rights","of the European Union guarantees the","freedom to choose an occupation, as well","as the freedom to conduct a business. The","free movement of workers, freedom of","establishment and freedom to provide","services are fundamental principles of the","internal market enshrined in the Treaty.","National rules organising access to","regulated professions should therefore not","constitute any unjustified and","disproportionate obstacle, or any","administrative obstacle which, referring to","protectionism and social dumping, distorts","competition, to the exercise of those","fundamental rights."],"old":["(1) The freedom to choose an","occupation is a fundamental right. The","Charter of Fundamental Rights of the","European Union guarantees the freedom to","choose an occupation, as well as the","freedom to conduct a business. The free","movement of workers, freedom of","establishment and freedom to provide","services are fundamental principles of the","internal market enshrined in the","Treaty.National rules organising access to","regulated professions should therefore not","constitute any unjustified and","disproportionate obstacle to the exercise of","those fundamental rights."],"orig_lang":"hu","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"3","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":" Jasenko Selimovic","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-4","location":[[" Proposal for a directive","Recital 1"]],"meps":[134243],"meta":{"created":"2019-07-03T06:18:29"},"new":["(1) The freedom to choose an","occupation is a fundamental right. The","Charter of Fundamental Rights of the","European Union guarantees the freedom to","choose an occupation, as well as the","freedom to conduct a business. The free","movement of workers, freedom of","establishment and freedom to provide","services are fundamental principles of the","internal market enshrined in the Treaty.","National rules organising access to service","activities, and in particular the activities","of regulated professions should therefore","not constitute any unjustified and","disproportionate obstacle to the exercise of","those fundamental rights."],"old":["(1) The freedom to choose an","occupation is a fundamental right. The","Charter of Fundamental Rights of the","European Union guarantees the freedom to","choose an occupation, as well as the","freedom to conduct a business. The free","movement of workers, freedom of","establishment and freedom to provide","services are fundamental principles of the","internal market enshrined in the Treaty.","National rules organising access to","regulated professions should therefore not","constitute any unjustified and","disproportionate obstacle to the exercise of","those fundamental rights."],"orig_lang":"en","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"4","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":"Dominique Martin, Mara Bizzotto, Jo\u00eblle M\u00e9lin","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-5","location":[["Proposal for a directive","Recital 2"]],"meps":[124751,97198,124765],"meta":{"created":"2019-07-03T06:18:29"},"new":["(2) In the absence of specific","provisions harmonising the requirements","on access to a regulated profession or its","pursuit laid down in Union law, it is the","Member States\u2019 prerogative to decide","whether and how to regulate a profession","within the limits of the principles of non-","discrimination and proportionality. The","principle of non-discrimination shall","apply to European qualifications and","diplomas. This principle shall not apply to","the diplomas and qualifications of third","countries."],"old":["(2) In the absence of specific","provisions harmonising the requirements","on access to a regulated profession or its","pursuit laid down in Union law, it is the","Member States\u2019 prerogative to decide","whether and how to regulate a profession","within the limits of the principles of non-","discrimination and proportionality."],"orig_lang":"fr","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"5","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":"Jasenko Selimovic","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-6","location":[["Proposal for a directive","Recital 2"]],"meps":[134243],"meta":{"created":"2019-07-03T06:18:29"},"new":["(2) In the absence of specific","provisions harmonising the requirements","on access to a service activity, such as an","activity of a regulated profession or its","pursuit laid down in Union law, it is the","Member States\u2019 prerogative to decide","whether and how to regulate a service","activity or profession within the limits of","the principles of non-discrimination and","proportionality."],"old":["(2) In the absence of specific","provisions harmonising the requirements","on access to a regulated profession or its","pursuit laid down in Union law, it is the","Member States\u2019 prerogative to decide","whether and how to regulate a profession","within the limits of the principles of non-","discrimination and proportionality."],"orig_lang":"en","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"6","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":" \u00c1d\u00e1m K\u00f3sa","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-7","location":[[" Proposal for a directive","Recital 3"]],"meps":[96829],"meta":{"created":"2019-07-03T06:18:29"},"new":["3. The principle of proportionality is","one of the general principles of Union law.","It follows from the case-law23 that national","measures liable to hinder or make less","attractive the exercise of fundamental","freedoms guaranteed by the Treaty should","fulfil four conditions in a way which is","consistent with the Treaty: they should be","justified by public interest objectives; they","should be suitable for securing the","attainment of the objective which they","pursue; and they should not go beyond","what is necessary in order to attain it.","_________________","23","Case C-55/94 Reinhard Gebhard v","Consiglio dell\u2019Ordine degli Avvocati e","Procuratori di Milano [1995] ECR I-4165."],"old":["(3) The principle of proportionality is","one of the general principles of Union law.","It follows from the case-law23that national","measures liable to hinder or make less","attractive the exercise of fundamental","freedoms guaranteed by the Treaty should","fulfil four conditions: they should be","applied in a non-discriminatory manner;","they should be justified by public interest","objectives; they should be suitable for","securing the attainment of the objective","which they pursue; and they should not go","beyond what is necessary in order to attain","it.","_________________","23","Case C-55/94 Reinhard Gebhard v","Consiglio dell\u2019Ordine degli Avvocati e","Procuratori di Milano [1995] ECR I-4165."],"orig_lang":"hu","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"7","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":" Elena Gentile, Jutta Steinruck, Maria Arena, Si\u00f4n Simon, Brando Benifei","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-8","location":[[" Proposal for a directive","Recital 4 a (new)"]],"meps":[124847,96831,124936,124948,124867],"meta":{"created":"2019-07-03T06:18:29"},"new":["(4 a) The proportionality test should not","apply to rules laid down in collective","agreements negotiated by social partners,","which should not be considered as","legislative, regulatory or administrative","provisions within the meaning of this","Directive."],"orig_lang":"en","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"8","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":"Danuta Jaz\u0142owiecka, Marek Plura, Agnieszka Koz\u0142owska-Rajewicz, \u00c1d\u00e1m K\u00f3sa, Heinz K. Becker, Sven Schulze, Tom Vandenkendelaere","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-9","location":[["Proposal for a directive","Recital 5"]],"meps":[96781,124881,124889,96829,107041,124809,129164],"meta":{"created":"2019-07-03T06:18:30"},"new":["(5) The results of the mutual evaluation","process revealed a lack of clarity as regards","the criteria to be used by national","competent authorities when assessing the","proportionality of requirements restricting","access to or pursuit of regulated","professions, as well as uneven scrutiny of","such measures at all levels of regulation.","To avoid fragmentation of the internal","market and eliminate barriers to taking-up","and pursuit of certain employed or self-","employed activities and therefore boost","employment where relevant, it is therefore","necessary to establish a common approach","at Union level, preventing disproportionate","and unduly excessive measures from being","adopted."],"old":["(5) The results of the mutual evaluation","process revealed a lack of clarity as regards","the criteria to be used by national","competent authorities when assessing the","proportionality of requirements restricting","access to or pursuit of regulated","professions, as well as uneven scrutiny of","such measures at all levels of regulation.","To avoid fragmentation of the internal","market and eliminate barriers to taking-up","and pursuit of certain employed or self-","employed activities, it is therefore","necessary to establish a common approach","at Union level, preventing disproportionate","measures from being adopted."],"orig_lang":"en","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"9","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":"Heinz K. Becker","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-10","location":[["Proposal for a directive","Recital 7"]],"meps":[107041],"meta":{"created":"2019-07-03T06:18:30"},"new":["(7) The activities covered by this","Directive should concern the regulated","professions falling within the scope of","Directive 2005/36/EC. This Directive","should apply in addition to Directive","2005/36/EC and without prejudice to other","provisions laid down in a separate Union","act concerning access to, and the exercise","of a given regulated profession. While","professional regulation of healthcare","services, consisting of activities intended","to assess, maintain or restore the state of","health of patients, remains, according to","Article 59 of Directive 2005/36/EC,","subject to compliance with the","proportionality principle, it should be","excluded from the scope of this Directive.","This exception should also cover","commercial health professions (opticians-","optometrists including those specialising","in contact lenses, hearing aid technicians,","orthopaedic technicians, orthopaedic shoe","makers and dental technicians)."],"old":["(7) The activities covered by this","Directive should concern the regulated","professions falling within the scope of","Directive 2005/36/EC. This Directive","should apply in addition to Directive","2005/36/EC and without prejudice to other","provisions laid down in a separate Union","act concerning access to, and the exercise","","of a given regulated profession."],"orig_lang":"de","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"10","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":" Elena Gentile, Emilian Pavel, Maria Arena, Si\u00f4n Simon, Brando Benifei","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-11","location":[[" Proposal for a directive","Recital 7"]],"meps":[124847,129256,124936,124948,124867],"meta":{"created":"2019-07-03T06:18:30"},"new":["(7) The activities covered by this","Directive should concern the regulated","professions falling within the scope of","Directive 2005/36/EC. This Directive","should apply in addition to Directive","2005/36/EC. In line with the purposes of","this Directive, the term \"regulated","profession\" should refer to all existing","regulated professions as defined in","Directive 2005/36/EC and professions that","Member States will regulate in the future","so that they will fall under the definition","of \"regulated professions\" of Directive","2005/36/EC. This Directive should be","applied without prejudice to other","provisions laid down in a separate Union","act concerning access to, and the exercise","of a given regulated profession."],"old":["(7) The activities covered by this","Directive should concern the regulated","professions falling within the scope of","Directive 2005/36/EC. This Directive","should apply in addition to Directive","2005/36/EC and without prejudice to other","provisions laid down in a separate Union","act concerning access to, and the exercise","of a given regulated profession."],"orig_lang":"en","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"11","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":"Jasenko Selimovic","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-12","location":[["Proposal for a directive","Recital 7"]],"meps":[134243],"meta":{"created":"2019-07-03T06:18:30"},"new":["(7) The activities covered by this","Directive should concern the legislative,","regulatory or administrative provisions of","Member States restricting the access to or","pursuit of service activities, including in","particular the activities of the regulated","professions falling within the scope of","Directive 2005/36/EC. This Directive","should apply in addition to Directive","2005/36/EC and without prejudice to other","provisions laid down in a separate Union","act concerning access to, and the exercise","of a given service activity or a regulated","profession."],"old":["(7) The activities covered by this","Directive should concern the regulated","professions falling within the scope of","Directive 2005/36/EC. This Directive","should apply in addition to Directive","2005/36/EC and without prejudice to other","provisions laid down in a separate Union","act concerning access to, and the exercise","of a given regulated profession."],"orig_lang":"en","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"12","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":"Paloma L\u00f3pez Bermejo, Rina Ronja Kari, Neoklis Sylikiotis","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-13","location":[["Proposal for a directive","Recital 7"]],"meps":[125047,122885,124689],"meta":{"created":"2019-07-03T06:18:30"},"new":["(7) The activities covered by this","Directive should concern the regulated","professions falling within the scope of","Directive 2005/36/EC. This Directive","should apply in addition to Directive","2005/36/EC and without prejudice to other","provisions laid down in a separate Union","act concerning access to, and the exercise","of a given regulated profession. Following","Article 168 TFEU, professions in the","health and social service sector should be","excluded from the scope of this directive."],"old":["(7) The activities covered by this","Directive should concern the regulated","professions falling within the scope of","Directive 2005/36/EC. This Directive","should apply in addition to Directive","2005/36/EC and without prejudice to other","provisions laid down in a separate Union","act concerning access to, and the exercise","of a given regulated profession."],"orig_lang":"en","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"13","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":" Maria Arena","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-14","location":[[" Proposal for a directive","Recital 7 a (new)"]],"meps":[124936],"meta":{"created":"2019-07-03T06:18:30"},"new":["(7 a) The right to determine the level of","protection that Member States wish to","provide to public health as well as the","means and methods to reach that level lies","solely with the Member States and health","and life of humans rank foremost among","the interests protected by the TFEU.The","measures regarding the assessment of","non-discrimination, justification and","proportionality, as set out in specific","provisions of this Directive, should","therefore not apply to requirements","concerning the regulation of professions","providing healthcare services whether or","not these are provided via healthcare","facilities, and regardless of the way in","which they are organised and financed at","national level or whether they are public","or private.Notwithstanding, provisions","pertaining to consultation, exchange of","information and transparency as set out","in this Directive should remain applicable","for such requirements.Requirements","concerning the regulation of professions","providing healthcare services remain as","well subject to Directive 2005/36/EC,","including the principles of non-","discrimination, justification and","proportionality and the procedures","defined in Article 59 of that Directive"],"orig_lang":"en","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"14","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":" Jasenko Selimovic","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-15","location":[[" Proposal for a directive","Recital 7 a (new)"]],"meps":[134243],"meta":{"created":"2019-07-03T06:18:30"},"new":["(7 a) The rules of this Directive on a","common framework for conducting","proportionality assessments should begin","to apply before Member States introduce","new, or amend existing, legislative,","regulatory or administrative provisions","restricting the access to or pursuit of","services activities, including, in particular,","the activities of regulated professions.In","addition, where the provisions being","introduced, or amended, make substantive","changes to the regulation of service","activities or concern a profession, the","existing requirements that are not being","amended should also be subject to the","proportionality assessment under this","Directive."],"orig_lang":"en","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"15","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":"Jutta Steinruck","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-16","location":[["Proposal for a directive","Recital 7 a (new)"]],"meps":[96831],"meta":{"created":"2019-07-03T06:18:30"},"new":["(7 a) It is important to ensure full","respect for the responsibilities of the","Member States as defined in Article 168","of the Treaty on the Functioning of the","European Union with regard to the","definition of their health policy and the","organisation of their health care systems,","including the provision of health and","medical services by the regulated","professions designated for this purpose.To","this end, the health and social care","professions should be excluded from the","scope of this Directive."],"orig_lang":"en","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"16","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":"Mara Bizzotto, Jo\u00eblle M\u00e9lin, Dominique Martin","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-17","location":[[" Proposal for a directive","Recital 7 a (new)"]],"meps":[97198,124765,124751],"meta":{"created":"2019-07-03T06:18:30"},"new":["(7a) This Directive should be without","prejudice to Member States\u2019 rules","concerning the organisation, content and","supervision of professional training."],"orig_lang":"it","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"17","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":" Mara Bizzotto, Jo\u00eblle M\u00e9lin, Dominique Martin","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-18","location":[[" Proposal for a directive","Recital 7 b (new)"]],"meps":[97198,124765,124751],"meta":{"created":"2019-07-03T06:18:30"},"new":["(7b) There is a need to ensure that the","Member States fulfil to the letter their","responsibilities, as set out in Article 168 of","the Treaty on Functioning of the","European Union, regarding the details of","their health policies and how they","organise the provision of healthcare","services and medical care by dedicated","regulated professions.In order to achieve","this, such regulated professions should be","excluded from the scope of this Directive."],"orig_lang":"it","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"18","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":" Maria Arena","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-19","location":[[" Proposal for a directive","Recital 7 b (new)"]],"meps":[124936],"meta":{"created":"2019-07-03T06:18:30"},"new":["(7 b) This Directive is without prejudice","to national education and training","structures and to the competence of","Member States to define the organisation","and the content of their systems of","education and professional training."],"orig_lang":"en","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"19","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":"Jutta Steinruck","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-20","location":[["Proposal for a directive","Recital 7 b (new)"]],"meps":[96831],"meta":{"created":"2019-07-03T06:18:30"},"new":["(7 b) In order to protect public interest","the Member States can exclude further","professions from the scope of the directive","in agreement with the social partners."],"orig_lang":"en","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"20","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":"Mara Bizzotto, Jo\u00eblle M\u00e9lin, Dominique Martin","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-21","location":[["Proposal for a directive","Recital 8"]],"meps":[97198,124765,124751],"meta":{"created":"2019-07-03T06:18:31"},"new":["(8) Member States must have the","option of adopting national requirements","to regulate the modes of pursuit of a","profession in laying down conditions for","the use of professional titles."],"old":["(8) Member States should be able to","rely on a common regulatory framework","based on clearly defined legal concepts","concerning the different ways to regulate","a profession across the Union. There are","several ways to regulate a profession, for","instance by reserving access to or the","pursuit of a particular activity to holders","of a professional qualification. National","provisions may also regulate one of the","modes of pursuit of a profession in laying","down conditions for the use of professional","titles."],"orig_lang":"it","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"21","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":"Elena Gentile, Emilian Pavel, Maria Arena, Si\u00f4n Simon, Brando Benifei","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-22","location":[[" Proposal for a directive","Recital 8 a (new)"]],"meps":[124847,129256,124936,124948,124867],"meta":{"created":"2019-07-03T06:18:31"},"new":["(8 a) Regulation of professions plays a","key role in protecting public interest","objectives and should, inter alia,","contribute to the promotion of a high level","of employment, the guarantee of adequate","social protection, the fight against social","exclusion, and a high level of education,","training and protection of human health","and to environmental and consumer","protection;effective professional","regulation is furthermore of paramount","importance in order to ensure high","quality products and services."],"orig_lang":"en","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"22","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":" Danuta Jaz\u0142owiecka, Marek Plura, Agnieszka Koz\u0142owska-Rajewicz, \u00c1d\u00e1m K\u00f3sa, Heinz K. Becker, Sven Schulze, Tom Vandenkendelaere, Csaba S\u00f3gor","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-23","location":[[" Proposal for a directive","Recital 8 a (new)"]],"meps":[96781,124881,124889,96829,107041,124809,129164,39724],"meta":{"created":"2019-07-03T06:18:31"},"new":["(8 a) This Directive establishes rules for","proportionality test to be carried out","before introducing new, or amending","existing, legislative, regulatory or","administrative provisions restricting","access or pursuit of regulated","professions.It has to be underlined, that","this Directive leaves the prerogative to","regulate access to or pursuit of regulated","professions within Member States in","respect of principles of non-","discrimination and proportionality."],"orig_lang":"en","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"23","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":"Elena Gentile, Jutta Steinruck, Emilian Pavel, Maria Arena, Si\u00f4n Simon, Brando Benifei","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-24","location":[["Proposal for a directive","Recital 8 b (new)"]],"meps":[124847,96831,129256,124936,124948,124867],"meta":{"created":"2019-07-03T06:18:31"},"new":["(8 b) It is for the Members States to","determine the level of protection which","they wish to afford to the public interest","objectives and the proportionate way in","which that level is to be achieved.The fact","that one Member State imposes less strict","rules than another Member State does not","mean that the latter Member State's rules","are disproportionate and therefore","incompatible with the EU law."],"orig_lang":"en","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"24","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":"Elena Gentile, Emilian Pavel, Maria Arena, Si\u00f4n Simon, Brando Benifei","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-25","location":[["Proposal for a directive","Recital 8 c (new)"]],"meps":[124847,129256,124936,124948,124867],"meta":{"created":"2019-07-03T06:18:31"},"new":["(8 c) Member States should undertake","an assessment of non-discrimination,","justification and proportionality in","accordance with the rules laid down in","this Directive before introducing new, or","amending existing legislative, regulatory","or administrative provisions restricting","access to or pursuit of regulated","professions, taking into account the","reasonable margin of appreciation","allowed to Member States.The extent and","degree of intensity of the assessment shall","be proportionate to the nature, the content","and the impact of the provisions being","introduced.Provisions which would not","restrict access to or pursuit of regulated","professions, such as editorial","amendments, or adaptations of content of","training courses or modernisation of","training regulations, should not fall","within the scope of this Directive."],"orig_lang":"en","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"25","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":" Heinz K. Becker","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-26","location":[[" Proposal for a directive","Recital 9"]],"meps":[107041],"meta":{"created":"2019-07-03T06:18:31"},"new":["(9) The burden of proof of justification","and proportionality lies on the Member","States. The reasons for regulation invoked","by a Member State by way of justification","should thus be accompanied by an analysis","of the proportionality of the measure","adopted by that Member State and by","specific evidence substantiating its","arguments. Although a Member State does","not necessarily have to be able to produce","a specific study or a specific form of","evidence or materials establishing the","proportionality of such measure prior to","its adoption, it should carry out a review","capable of demonstrating that there was a","genuine need to achieve public-interest","objectives in view of the specific","circumstances of that Member State."],"old":["(9) The burden of proof of justification","and proportionality lies on the Member","States. The reasons for regulation invoked","by a Member State by way of justification","should thus be accompanied by an analysis","of the appropriateness and proportionality","of the measure adopted by that State and","by specific evidence substantiating its","arguments."],"orig_lang":"de","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"26","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":" Tatjana \u017ddanoka on behalf of the Verts/ALE Group","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-27","location":[[" Proposal for a directive","Recital 9"]],"meps":[28619],"meta":{"created":"2019-07-03T06:18:31"},"new":["(9) The burden of proof of justification","and proportionality lies on the Member","States. The reasons for regulation invoked","by a Member State by way of justification","should thus be accompanied by an analysis","of the appropriateness and proportionality","of the measure adopted by that State and","by specific evidence substantiating its","arguments. This should not prevent","Member States from taking immediate","measures which they consider necessary","to protect public health or where they","consider measures necessary to pursue","other overriding reasons of public","interest."],"old":["(9) The burden of proof of justification","and proportionality lies on the Member","States. The reasons for regulation invoked","by a Member State by way of justification","should thus be accompanied by an analysis","of the appropriateness and proportionality","of the measure adopted by that State and","by specific evidence substantiating its","arguments."],"orig_lang":"en","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"27","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":"Paloma L\u00f3pez Bermejo, Rina Ronja Kari, Neoklis Sylikiotis","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-28","justification":"This proposal should not go beyond what is necessary to ensure Member States assess the\nproportionality of new regulation of professions and what is recognized by existing ECJ\nrulings.","location":[["Proposal for a directive","Recital 9"]],"meps":[125047,122885,124689],"meta":{"created":"2019-07-03T06:18:31"},"new":["(9) The reasons for regulation invoked","by a Member State by way of justification","should be accompanied by an analysis of","the proportionality of the measure adopted","by that State, substantiating its","arguments.In accordance with the Court","of Justice, Member States must be allowed","discretion in the election of the measure","and level of protection of the public","interest, which may vary from one","Member State to another."],"old":["(9) The burden of proof of","justification and proportionality lies on","the Member States. The reasons for","regulation invoked by a Member State by","way of justification should thus be","accompanied by an analysis of the","appropriateness and proportionality of the","measure adopted by that State and by","specific evidence substantiating its","arguments."],"orig_lang":"en","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"28","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":"Sven Schulze","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-29","location":[["Proposal for a directive","Recital 9"]],"meps":[124809],"meta":{"created":"2019-07-03T06:18:31"},"new":["(9) The burden of proof of justification","and proportionality lies on the Member","States. The reasons for regulation invoked","by a Member State by way of justification","should thus be accompanied by an analysis","of the appropriateness and proportionality","of the measure adopted by that State and","by specific evidence substantiating its","arguments in view of specific national","professional requirements."],"old":["(9) The burden of proof of justification","and proportionality lies on the Member","States. The reasons for regulation invoked","by a Member State by way of justification","should thus be accompanied by an analysis","of the appropriateness and proportionality","of the measure adopted by that State and","by specific evidence substantiating its","arguments."],"orig_lang":"de","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"29","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":" Mara Bizzotto, Jo\u00eblle M\u00e9lin, Dominique Martin","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-30","location":[[" Proposal for a directive","Recital 9"]],"meps":[97198,124765,124751],"meta":{"created":"2019-07-03T06:18:31"},"new":["(9) The right to regulate professions is","a matter for the Member States. Member","States should evaluate the proportionality","of regulated professions at national level","and notify it to the Commission, on","which the burden of proof will be placed","to demonstrate any inconsistencies with","the criteria laid down by Union law."],"old":["(9) The burden of proof of","justification and proportionality lies on","the Member States. The reasons for","regulation invoked by a Member State by","way of justification should thus be","accompanied by an analysis of the","appropriateness and proportionality of the","measure adopted by that State and by","specific evidence substantiating its","arguments."],"orig_lang":"it","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"30","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":" Danuta Jaz\u0142owiecka, Marek Plura, Agnieszka Koz\u0142owska-Rajewicz, \u00c1d\u00e1m K\u00f3sa, Heinz K. Becker, Tom Vandenkendelaere, Csaba S\u00f3gor","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-31","location":[[" Proposal for a directive","Recital 9"]],"meps":[96781,124881,124889,96829,107041,129164,39724],"meta":{"created":"2019-07-03T06:18:31"},"new":["(9) The burden of proof of justification","and proportionality lies on the Member","States. The reasons for regulation invoked","by a Member State by way of justification","should thus be accompanied by an analysis","of the appropriateness and proportionality","of the measure adopted by that State and","by specific well justified evidence","substantiating its arguments."],"old":["(9) The burden of proof of justification","and proportionality lies on the Member","States. The reasons for regulation invoked","by a Member State by way of justification","should thus be accompanied by an analysis","of the appropriateness and proportionality","of the measure adopted by that State and","by specific evidence substantiating its","arguments."],"orig_lang":"en","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"31","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":"Paloma L\u00f3pez Bermejo, Rina Ronja Kari, Neoklis Sylikiotis","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-32","justification":"The proposed directive should not have a freezing effect on Members' States regulatory\ncapacities and should not conflict with existing European legislation concerning regulated\nprofessions.","location":[["Proposal for a directive","Recital 10"]],"meps":[125047,122885,124689],"meta":{"created":"2019-07-03T06:18:31"},"new":["(10) It is appropriate to monitor the","proportionality of provisions restricting","access to or pursuit of regulated","professions after they are adopted. A","review of the proportionality of restrictive","national legislation in the area of regulated","professions should not exceed the","requirements of Article 59(3) of Directive","2005/36/EC."],"old":["(10) It is appropriate to monitor the","proportionality of the provisions restricting","access to or pursuit of regulated","professions on a regular basis and with a","frequency appropriate to the regulation","concerned. A review of the proportionality","of restrictive national legislation in the area","of regulated professions should be based","not only on the objective of that","legislation at the time of its adoption, but","also on the effects of the legislation,","assessed after its adoption. The","assessment of the proportionality of the","national legislation should be based on","developments found to have occurred in","the area since the legislation was adopted."],"orig_lang":"en","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"32","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":"Tatjana \u017ddanoka on behalf of the Verts/ALE Group","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-33","location":[[" Proposal for a directive","Recital 10"]],"meps":[28619],"meta":{"created":"2019-07-03T06:18:32"},"new":["(10) It is appropriate to monitor the","proportionality of the provisions restricting","access to or pursuit of regulated","professions on a regular basis and with a","frequency appropriate to the regulation","concerned and to a degree commensurate","with the complexity of the regulations in","place and the extent of the new measures","proposed. A review of the proportionality","of restrictive national legislation in the area","of regulated professions should be based","not only on the objective of that legislation","at the time of its adoption, but also on the","effects of the legislation, assessed after its","adoption. The assessment of the","proportionality of the national legislation","should be based on developments found to","have occurred in the area since the","legislation was adopted."],"old":["(10) It is appropriate to monitor the","proportionality of the provisions restricting","access to or pursuit of regulated","professions on a regular basis and with a","frequency appropriate to the regulation","concerned. A review of the proportionality","of restrictive national legislation in the area","of regulated professions should be based","not only on the objective of that legislation","at the time of its adoption, but also on the","effects of the legislation, assessed after its","adoption. The assessment of the","proportionality of the national legislation","should be based on developments found to","have occurred in the area since the","legislation was adopted."],"orig_lang":"en","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"33","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":" Jasenko Selimovic","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-34","location":[[" Proposal for a directive","Recital 10"]],"meps":[134243],"meta":{"created":"2019-07-03T06:18:32"},"new":["(10) It is appropriate to monitor the","proportionality of the provisions restricting","the access to or pursuit of service","activities, including the activities","of regulated professions on a regular basis","and with a frequency appropriate to the","regulation concerned. A review of the","proportionality of restrictive national","legislation in the area of regulated service","activities, and in particular the activities","of regulated professions should be based","not only on the objective of that legislation","at the time of its adoption, but also on the","effects of the legislation, assessed after its","adoption. The assessment of the","proportionality of the national legislation","should be based on developments found to","have occurred in the area since the","legislation was adopted."],"old":["(10) It is appropriate to monitor the","proportionality of the provisions restricting","access to or pursuit of regulated","professions on a regular basis and with a","frequency appropriate to the regulation","concerned. A review of the proportionality","of restrictive national legislation in the area","of regulated professions should be based","not only on the objective of that legislation","at the time of its adoption, but also on the","effects of the legislation, assessed after its","adoption. The assessment of the","proportionality of the national legislation","should be based on developments found to","have occurred in the area since the","legislation was adopted."],"orig_lang":"en","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"34","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":"Dominique Martin, Mara Bizzotto, Jo\u00eblle M\u00e9lin","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-35","location":[["Proposal for a directive","Recital 10"]],"meps":[124751,97198,124765],"meta":{"created":"2019-07-03T06:18:32"},"new":["(10) It is appropriate to monitor the","proportionality of the provisions restricting","access to or pursuit, of regulated","professions, following their adoption, on a","regular basis and with a frequency","appropriate to the regulation concerned. A","review of the proportionality of restrictive","national legislation in the area of regulated","professions should be based not only on the","objective of that legislation at the time of","its adoption, but also on the effects of the","legislation, assessed after its adoption. The","assessment of the proportionality of the","national legislation should be based on","developments found to have occurred in","the area since the legislation was adopted."],"old":["(10) It is appropriate to monitor the","proportionality of the provisions restricting","access to or pursuit of regulated","professions on a regular basis and with a","frequency appropriate to the regulation","concerned. A review of the proportionality","of restrictive national legislation in the area","of regulated professions should be based","not only on the objective of that legislation","at the time of its adoption, but also on the","effects of the legislation, assessed after its","adoption. The assessment of the","proportionality of the national legislation","should be based on developments found to","have occurred in the area since the","legislation was adopted."],"orig_lang":"fr","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"35","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":"Jutta Steinruck","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-36","location":[["Proposal for a directive","Recital 11"]],"meps":[96831],"meta":{"created":"2019-07-03T06:18:32"},"new":["(11) Member States should carry out","proportionality assessments in an objective","and independent manner."],"old":["(11) Member States should carry out","proportionality assessments in an objective","and independent manner, including where","a profession is regulated indirectly, by","giving a particular professional body the","power to do so. In particular, while the","assessment of the local authorities,","regulatory bodies or professional","organisations, whose greater proximity to","local conditions and specialised","knowledge could in certain cases make","them better placed to identify the best way","of meeting the public interest objectives,","there is particular reason for concern in","cases where the policy choice made by","those authorities or bodies provides","benefits to established operators at the","expense of new market entrants."],"orig_lang":"en","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"36","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":" Paloma L\u00f3pez Bermejo, Rina Ronja Kari, Neoklis Sylikiotis","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-37","location":[[" Proposal for a directive","Recital 11"]],"meps":[125047,122885,124689],"meta":{"created":"2019-07-03T06:18:32"},"new":["(11) Member States should carry out","proportionality assessments in an objective","and independent manner."],"old":["(11) Member States should carry out","proportionality assessments in an objective","and independent manner, including where","a profession is regulated indirectly, by","giving a particular professional body the","power to do so. In particular, while the","assessment of the local authorities,","regulatory bodies or professional","organisations, whose greater proximity to","local conditions and specialised","knowledge could in certain cases make","them better placed to identify the best way","of meeting the public interest objectives,","there is particular reason for concern in","cases where the policy choice made by","those authorities or bodies provides","benefits to established operators at the","expense of new market entrants."],"orig_lang":"en","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"37","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":"Maria Arena","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-38","location":[["Proposal for a directive","Recital 11"]],"meps":[124936],"meta":{"created":"2019-07-03T06:18:32"},"new":["(11) Member States should carry out the","non-discrimination, justification and","proportionality assessments in an objective","and independent manner, including where","a profession is regulated indirectly, by","giving a particular professional body the","power to do so."],"old":["(11) Member States should carry out","proportionality assessments in an objective","and independent manner, including where","a profession is regulated indirectly, by","giving a particular professional body the","power to do so. In particular, while the","assessment of the local authorities,","regulatory bodies or professional","organisations, whose greater proximity to","local conditions and specialised","knowledge could in certain cases make","them better placed to identify the best way","of meeting the public interest objectives,","there is particular reason for concern in","cases where the policy choice made by","those authorities or bodies provides","benefits to established operators at the","expense of new market entrants."],"orig_lang":"en","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"38","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":"Dominique Martin, Mara Bizzotto, Jo\u00eblle M\u00e9lin","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-39","location":[["Proposal for a directive","Recital 11"]],"meps":[124751,97198,124765],"meta":{"created":"2019-07-03T06:18:32"},"new":["(11) Member States should carry out","proportionality assessments in an objective","and independent manner, including where","a profession is regulated indirectly, for","instance by giving a particular professional","body the power to do so. In particular,","while the assessment of the local","authorities, regulatory bodies or","professional organisations, whose greater","proximity to local conditions and","specialised knowledge could in certain","cases make them better placed to identify","the best way of meeting the public interest","objectives, there is particular reason for","concern in cases where the policy choice","made by those authorities or bodies","provides benefits to established operators","at the expense of new market entrants."],"old":["(11) Member States should carry out","proportionality assessments in an objective","and independent manner, including where","a profession is regulated indirectly, by","giving a particular professional body the","power to do so. In particular, while the","assessment of the local authorities,","regulatory bodies or professional","organisations, whose greater proximity to","local conditions and specialised knowledge","could in certain cases make them better","placed to identify the best way of meeting","the public interest objectives, there is","particular reason for concern in cases","where the policy choice made by those","authorities or bodies provides benefits to","established operators at the expense of new","market entrants."],"orig_lang":"fr","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"39","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":" Maria Arena","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-40","location":[[" Proposal for a directive","Recital 12"]],"meps":[124936],"meta":{"created":"2019-07-03T06:18:32"},"new":["(12) Where the taking-up and pursuit of","certain employed or self-employed","activities are conditional on complying","with certain provisions relating to specific","professional qualifications, laid down","directly or indirectly by the Member States,","it is necessary to ensure that such","provisions are justified by public interest","objectives, such as those within the","meaning of the Treaty, namely public","policy, public security and public health or","by overriding reasons of general interest. It","is important to ensure that public interest","objectives are adequately identified in","order to determine the intensity of the","regulation. It is also useful to provide","certain examples of overriding reasons of","general interest which have been","recognized by the Court of Justice, whose","case-law may continue to evolve. Those","are, for example: preserving the financial","equilibrium of the social security system;","the protection of consumers, recipients of","services and workers; ensuring safe,","healthy and secure working conditions;","the safeguarding of the proper","administration of justice; fairness of trade","transactions; combating fraud, prevention","of tax evasion and avoidance and","effectiveness of fiscal supervision;","transport safety; guaranteeing the quality","of products and services; promotion of","research and development; ensuring high","standards of education; the protection of","the environment and the urban","environment; the health of animals;","intellectual property; the safeguarding and","conservation of the national historic and","artistic heritage, social policy objectives,","including the encouragement of","employment and recruitment and the","maintenance of employment, and cultural","policy objectives. According to settled","case-law, purely economic reasons, having","essentially protectionist aims, as well as","purely administrative reasons, such as","carrying out controls or gathering statistics","cannot constitute an overriding reason of","general interest. Control measures should","be considered justified if they are needed","in order to ensure compliance with","provisions justified by public interest","objectives."],"old":["(12) Where the taking-up and pursuit of","certain employed or self-employed","activities are conditional on complying","with certain provisions relating to specific","professional qualifications, laid down","directly or indirectly by the Member States,","it is necessary to ensure that such","provisions are justified by public interest","objectives, such as those within the","meaning of the Treaty, namely public","policy, public security and public health or","by overriding reasons of general interest,","recognised as such in the case-law of the","Court of Justice. It is important to ensure","that public interest objectives are","adequately identified in order to determine","the intensity of the regulation. For","example, in order to ensure a high level of","protection of public health, Member","States should enjoy a margin of discretion","to decide on the degree of protection","which they wish to afford to public health","and on the way in which that protection is","to be achieved. It is also necessary to","clarify that among the overriding reasons","of general interest, recognised by the","Court of Justice, are preserving the","financial equilibrium of the social security","system; the protection of consumers,","recipients of services and workers; the","safeguarding of the proper administration","of justice; fairness of trade transactions;","combating fraud and prevention of tax","evasion and avoidance; road safety; the","protection of the environment and the","urban environment; the health of animals;","intellectual property; the safeguarding and","conservation of the national historic and","artistic heritage, social policy objectives","and cultural policy objectives. According","to settled case-law, purely economic","reasons, having essentially protectionist","aims, as well as purely administrative","reasons, such as carrying out controls or","gathering statistics cannot constitute an","overriding reason of general interest."],"orig_lang":"en","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"40","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":"Jasenko Selimovic","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-41","location":[["Proposal for a directive","Recital 12"]],"meps":[134243],"meta":{"created":"2019-07-03T06:18:32"},"new":["(12) Where the taking-up and pursuit of","certain employed or self-employed","activities are conditional on complying","with certain provisions, and in particular","requirements relating to specific","professional qualifications, laid down","directly or indirectly by the Member States,","it is necessary to ensure that such","provisions are justified by public interest","objectives, such as those within the","meaning of the Treaty, namely public","policy, public security and public health or","by overriding reasons of general interest,","recognised as such in the case-law of the","Court of Justice. Where those objectives","apply, regulation of professions should be","considered to be a necessary safeguard of","the public interest rather than an obstacle","to competition and free movement. It is","important to ensure that public interest","objectives are adequately identified in","order to determine the intensity of the","regulation. For example, in order to ensure","a high level of protection of public health,","Member States should enjoy a margin of","discretion to decide on the degree of","protection which they wish to afford to","public health and on the way in which that","protection is to be achieved. It is also","necessary to clarify that among the","overriding reasons of general interest,","recognised by the Court of Justice, are","preserving the financial equilibrium of the","social security system; the protection of","consumers, recipients of services and","workers; the safeguarding of the proper","administration of justice; fairness of trade","transactions; combating fraud and","prevention of tax evasion and avoidance;","road safety; the protection of the","environment and the urban environment;","the health of animals; intellectual property;","the safeguarding and conservation of the","national historic and artistic heritage, social","policy objectives and cultural policy","objectives. According to settled case-law,","purely economic reasons, having","essentially protectionist aims, as well as","purely administrative reasons, such as","carrying out controls or gathering statistics","cannot constitute an overriding reason of","general interest."],"old":["(12) Where the taking-up and pursuit of","certain employed or self-employed","activities are conditional on complying","with certain provisions relating to specific","professional qualifications, laid down","directly or indirectly by the Member States,","it is necessary to ensure that such","provisions are justified by public interest","objectives, such as those within the","meaning of the Treaty, namely public","policy, public security and public health or","by overriding reasons of general interest,","recognised as such in the case-law of the","Court of Justice. It is important to ensure","that public interest objectives are","adequately identified in order to determine","the intensity of the regulation. For","example, in order to ensure a high level of","protection of public health, Member States","should enjoy a margin of discretion to","decide on the degree of protection which","they wish to afford to public health and on","the way in which that protection is to be","achieved. It is also necessary to clarify that","among the overriding reasons of general","interest, recognised by the Court of Justice,","are preserving the financial equilibrium of","the social security system; the protection of","consumers, recipients of services and","workers; the safeguarding of the proper","administration of justice; fairness of trade","transactions; combating fraud and","prevention of tax evasion and avoidance;","road safety; the protection of the","environment and the urban environment;","the health of animals; intellectual property;","the safeguarding and conservation of the","national historic and artistic heritage, social","policy objectives and cultural policy","objectives. According to settled case-law,","purely economic reasons, having","essentially protectionist aims, as well as","purely administrative reasons, such as","carrying out controls or gathering statistics","cannot constitute an overriding reason of","general interest."],"orig_lang":"en","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"41","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":" Jutta Steinruck","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-42","location":[[" Proposal for a directive","Recital 12"]],"meps":[96831],"meta":{"created":"2019-07-03T06:18:32"},"new":["(12) Where the taking-up and pursuit of","certain employed or self-employed","activities are conditional on complying","with certain provisions relating to specific","professional qualifications, laid down","directly or indirectly by the Member States,","it is necessary to ensure that such","provisions are justified by public interest","objectives, such as those within the","meaning of the Treaty, namely public","policy, public security and public health or","by overriding reasons of general interest,","recognised as such in the case-law of the","Court of Justice. It is important to ensure","that public interest objectives are","adequately identified in order to determine","the intensity of the regulation. For","example, in order to ensure a high level of","protection of public health, Member","States shall enjoy a margin of discretion to","decide on the degree of protection which","they wish to afford to public health and on","the way in which that protection is to be","achieved. It is also necessary to clarify that","among the overriding reasons of general","interest, recognised by the Court of Justice,","are preserving the financial equilibrium of","the social security system; the high","protection of consumers, recipients of","services and workers; the protection of the","workers\u2019 rights, the workers participation","and the systems of self government, the","safeguarding of the proper administration","of justice, the protection of vocational","training, the safeguarding of the proper","administration of justice; fairness of trade","transactions; combating fraud and","prevention of tax evasion and avoidance;","safety; the protection of the environment","and the urban environment; the health of","animals; intellectual property; the","safeguarding and conservation of the","national historic and artistic heritage,","social policy objectives and cultural policy","objectives. According to settled case-law,","purely economic reasons, having","essentially protectionist aims, as well as","purely administrative reasons, such as","carrying out controls or gathering","statistics cannot constitute an overriding","reason of general interest."],"old":["(12) Where the taking-up and pursuit of","certain employed or self-employed","activities are conditional on complying","with certain provisions relating to specific","professional qualifications, laid down","directly or indirectly by the Member States,","it is necessary to ensure that such","provisions are justified by public interest","objectives, such as those within the","meaning of the Treaty, namely public","policy, public security and public health or","by overriding reasons of general interest,","recognised as such in the case-law of the","Court of Justice. It is important to ensure","that public interest objectives are","adequately identified in order to determine","the intensity of the regulation. For","example, in order to ensure a high level of","protection of public health, Member States","should enjoy a margin of discretion to","decide on the degree of protection which","they wish to afford to public health and on","the way in which that protection is to be","achieved. It is also necessary to clarify that","among the overriding reasons of general","interest, recognised by the Court of Justice,","are preserving the financial equilibrium of","the social security system; the protection of","consumers, recipients of services and","workers; the safeguarding of the proper","administration of justice; fairness of trade","transactions; combating fraud and","prevention of tax evasion and avoidance;","road safety; the protection of the","environment and the urban environment;","the health of animals; intellectual property;","the safeguarding and conservation of the","national historic and artistic heritage, social","policy objectives and cultural policy","objectives. According to settled case-law,","purely economic reasons, having","essentially protectionist aims, as well as","purely administrative reasons, such as","carrying out controls or gathering statistics","cannot constitute an overriding reason of","general interest."],"orig_lang":"en","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"42","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":" \u00c1d\u00e1m K\u00f3sa","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-43","location":[[" Proposal for a directive","Recital 12"]],"meps":[96829],"meta":{"created":"2019-07-03T06:18:33"},"new":["12. Where the taking-up and pursuit of","certain employed or self-employed","activities are conditional on complying","with certain provisions relating to specific","professional qualifications, laid down","directly or indirectly by the Member States,","it is necessary to ensure that such","provisions are justified by public interest","objectives, such as those within the","meaning of the Treaty, namely public","policy, public security and public health or","by overriding reasons of general interest,","recognised as such in the case-law of the","Court of Justice. It is important to ensure","that public interest objectives are","adequately identified in order to determine","the intensity of the regulation. For","example, in order to ensure a high level of","protection of public health, Member States","should enjoy a margin of discretion to","decide on the degree of protection which","they wish to afford to public health and on","the way in which that protection is to be","achieved. It is also necessary to clarify that","the following are among the overriding","reasons of general interest, recognised by","the Court of Justice: preserving the","financial equilibrium of the social security","system; the protection of consumers,","recipients of services and workers; the","safeguarding of the proper administration","of justice; fairness of trade transactions;","combating fraud and prevention of tax","evasion and avoidance; road safety; the","protection of the environment and the","urban environment; the health of animals;","intellectual property; the conservation of","the national historic and artistic heritage;","ensuring the provision and high quality of","public services; and the social policy","objectives and cultural policy objectives set","out in the Treaty. According to settled","case-law, purely economic reasons, having","essentially protectionist aims, as well as","purely administrative reasons, such as","carrying out controls or gathering statistics","cannot constitute an overriding reason of","general interest."],"old":["(12) Where the taking-up and pursuit of","certain employed or self-employed","activities are conditional on complying","with certain provisions relating to specific","professional qualifications, laid down","directly or indirectly by the Member States,","it is necessary to ensure that such","provisions are justified by public interest","objectives, such as those within the","meaning of the Treaty, namely public","policy, public security and public health or","by overriding reasons of general interest,","recognised as such in the case-law of the","Court of Justice. It is important to ensure","that public interest objectives are","adequately identified in order to determine","the intensity of the regulation. For","example, in order to ensure a high level of","protection of public health, Member States","should enjoy a margin of discretion to","decide on the degree of protection which","they wish to afford to public health and on","the way in which that protection is to be","achieved. It is also necessary to clarify that","among the overriding reasons of general","interest, recognised by the Court of Justice,","arepreserving the financial equilibrium of","the social security system; the protection of","consumers, recipients of services and","workers; the safeguarding of the proper","administration of justice; fairness of trade","transactions; combating fraud and","prevention of tax evasion and avoidance;","road safety; the protection of the","environment and the urban environment;","the health of animals; intellectual property;","thesafeguarding andconservation of the","national historic and artistic heritage,social","policy objectives and cultural policy","objectives. According to settled case-law,","purely economic reasons, having","essentially protectionist aims, as well as","purely administrative reasons, such as","carrying out controls or gathering statistics","cannot constitute an overriding reason of","general interest."],"orig_lang":"hu","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"43","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":"Sven Schulze","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-44","location":[["Proposal for a directive","Recital 12"]],"meps":[124809],"meta":{"created":"2019-07-03T06:18:33"},"new":["(12) Where the taking-up and pursuit of","certain employed or self-employed","activities are conditional on complying","with certain provisions relating to specific","professional qualifications, laid down","directly or indirectly by the Member States,","it is necessary to ensure that such","provisions are justified by public interest","objectives, such as those within the","meaning of the Treaty, namely public","policy, public security and public health or","by overriding reasons of general interest,","recognised as such in the case-law of the","Court of Justice. It is important to ensure","that public interest objectives are","adequately identified by the Member","States, and the degree of protection of","such objectives established, in order to","determine the intensity of the regulation.","For example, in order to ensure a high level","of protection of public health, Member","States should enjoy a margin of discretion","to decide on the degree of protection which","they wish to afford to public health and on","the way in which that protection is to be","achieved. It is also necessary to clarify that","among the overriding reasons of general","interest, recognised by the Court of Justice,","are: preserving the financial equilibrium of","the social security system; the protection of","consumers, recipients of services and","workers; the safeguarding of the proper","administration of justice; fairness of trade","transactions; combating fraud and","prevention of tax evasion and avoidance;","road safety; the protection of the","environment and the urban environment;","the health of animals; intellectual property;","the conservation of the national historic","and artistic heritage; social policy","objectives and cultural policy objectives.","According to settled case-law, purely","economic reasons, having essentially","protectionist aims, as well as purely","administrative reasons, such as carrying","out controls or gathering statistics cannot","constitute an overriding reason of general","interest."],"old":["(12) Where the taking-up and pursuit of","certain employed or self-employed","activities are conditional on complying","with certain provisions relating to specific","professional qualifications, laid down","directly or indirectly by the Member States,","it is necessary to ensure that such","provisions are justified by public interest","objectives, such as those within the","meaning of the Treaty, namely public","policy, public security and public health or","by overriding reasons of general interest,","recognised as such in the case-law of the","Court of Justice. It is important to ensure","that public interest objectives are","adequately identified in order to determine","the intensity of the regulation. For","example, in order to ensure a high level of","protection of public health, Member States","should enjoy a margin of discretion to","decide on the degree of protection which","they wish to afford to public health and on","the way in which that protection is to be","achieved.It is also necessary to clarify that","among the overriding reasons of general","interest, recognised by the Court of Justice,","are preserving the financial equilibrium of","the social security system; the protection of","consumers, recipients of services and","workers; the safeguarding of the proper","administration of justice; fairness of trade","transactions; combating fraud and","prevention of tax evasion and avoidance;","road safety; the protection of the","environment and the urban environment;","the health of animals; intellectual property;","thesafeguarding andconservation of the","national historic and artistic heritage,social","policy objectives and cultural policy","objectives. According to settled case-law,","purely economic reasons, having","essentially protectionist aims, as well as","purely administrative reasons, such as","carrying out controls or gathering statistics","cannot constitute an overriding reason of","general interest."],"orig_lang":"de","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"44","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":" Paloma L\u00f3pez Bermejo, Rina Ronja Kari, Neoklis Sylikiotis","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-45","location":[[" Proposal for a directive","Recital 12"]],"meps":[125047,122885,124689],"meta":{"created":"2019-07-03T06:18:33"},"new":["(12) Where the taking-up and pursuit of","certain employed or self-employed","activities are conditional on complying","with certain provisions relating to specific","professional qualifications, laid down","directly or indirectly by the Member States,","it is necessary to ensure that such","provisions are justified by public interest","objectives, such as those within the","meaning of the Treaty, namely public","policy, public security and public health or","by overriding reasons of general interest. It","is important to ensure that public interest","objectives are adequately identified in","order to determine the intensity of the","regulation. For example, in order to ensure","a high level of protection of public health,","Member States should enjoy a margin of","discretion to decide on the degree of","protection which they wish to afford to","public health and on the way in which that","protection is to be achieved. It is also","necessary to clarify that among the","overriding reasons of general interest,","recognised by the Court of Justice, are","preserving the financial equilibrium of the","social security system; the protection of","consumers, recipients of services and","workers; the safeguarding of the proper","administration of justice; fairness of trade","transactions; combating fraud and","prevention of tax evasion and avoidance;","transport safety; the protection of the","environment and the urban environment;","the health of animals; intellectual property;","the safeguarding and conservation of the","national historic and artistic heritage, social","policy objectives, the protection of","individual and collective workers' rights,","vocational training systems, workers' self-","management, and cultural policy","objectives. According to settled case-law,","purely economic reasons, having","essentially protectionist aims, as well as","purely administrative reasons, such as","carrying out controls or gathering statistics","cannot constitute an overriding reason of","general interest."],"old":["(12) Where the taking-up and pursuit of","certain employed or self-employed","activities are conditional on complying","with certain provisions relating to specific","professional qualifications, laid down","directly or indirectly by the Member States,","it is necessary to ensure that such","provisions are justified by public interest","objectives, such as those within the","meaning of the Treaty, namely public","policy, public security and public health or","by overriding reasons of general interest,","recognised as such in the case-law of the","Court of Justice. It is important to ensure","that public interest objectives are","adequately identified in order to determine","the intensity of the regulation. For","example, in order to ensure a high level of","protection of public health, Member States","should enjoy a margin of discretion to","decide on the degree of protection which","they wish to afford to public health and on","the way in which that protection is to be","achieved. It is also necessary to clarify that","among the overriding reasons of general","interest, recognised by the Court of Justice,","are preserving the financial equilibrium of","the social security system; the protection of","consumers, recipients of services and","workers; the safeguarding of the proper","administration of justice; fairness of trade","transactions; combating fraud and","prevention of tax evasion and avoidance;","road safety; the protection of the","environment and the urban environment;","the health of animals; intellectual property;","the safeguarding and conservation of the","national historic and artistic heritage, social","policy objectives and cultural policy","objectives. According to settled case-law,","purely economic reasons, having","essentially protectionist aims, as well as","purely administrative reasons, such as","carrying out controls or gathering statistics","cannot constitute an overriding reason of","general interest."],"orig_lang":"en","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"45","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":"Dominique Martin, Mara Bizzotto, Jo\u00eblle M\u00e9lin","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-46","location":[["Proposal for a directive","Recital 12"]],"meps":[124751,97198,124765],"meta":{"created":"2019-07-03T06:18:33"},"new":["(12) Where the taking-up and pursuit of","certain employed or self-employed","activities are conditional on complying","with certain provisions relating to specific","professional qualifications, laid down","directly or indirectly by the Member States,","it is necessary to ensure that such","provisions are justified by public interest","objectives, such as those within the","meaning of the Treaty, namely public","policy, public security and public health or","by overriding reasons of general interest,","recognised as such in the case-law of the","Court of Justice. It is important to ensure","that public interest objectives are","adequately identified in order to determine","the intensity of the regulation. For","example, in order to ensure a high level of","protection of public health, Member States","should enjoy a margin of discretion to","decide on the degree of protection which","they wish to afford to public health and on","the way in which that protection is to be","achieved. It is also necessary to clarify that","among the overriding reasons of general","interest, recognised by the Court of Justice,","are preserving the financial equilibrium of","the social security system; the protection of","consumers, recipients of services and","workers; the safeguarding of the proper","administration of justice; fairness of trade","transactions; combating fraud and","prevention of tax evasion and avoidance;","transport safety; the protection of the","environment and the urban environment;","the health of animals; intellectual property;","the safeguarding and conservation of the","national historic and artistic heritage, social","policy objectives and cultural policy","objectives. According to settled case-law,","purely economic reasons, having","essentially protectionist aims, as well as","purely administrative reasons, such as","carrying out controls or gathering statistics","cannot constitute an overriding reason of","general interest."],"old":["(12) Where the taking-up and pursuit of","certain employed or self-employed","activities are conditional on complying","with certain provisions relating to specific","professional qualifications, laid down","directly or indirectly by the Member States,","it is necessary to ensure that such","provisions are justified by public interest","objectives, such as those within the","meaning of the Treaty, namely public","policy, public security and public health or","by overriding reasons of general interest,","recognised as such in the case-law of the","Court of Justice. It is important to ensure","that public interest objectives are","adequately identified in order to determine","the intensity of the regulation. For","example, in order to ensure a high level of","protection of public health, Member States","should enjoy a margin of discretion to","decide on the degree of protection which","they wish to afford to public health and on","the way in which that protection is to be","achieved. It is also necessary to clarify that","among the overriding reasons of general","interest, recognised by the Court of Justice,","are preserving the financial equilibrium of","the social security system; the protection of","consumers, recipients of services and","workers; the safeguarding of the proper","administration of justice; fairness of trade","transactions; combating fraud and","prevention of tax evasion and avoidance;","road safety; the protection of the","environment and the urban environment;","the health of animals; intellectual property;","the safeguarding and conservation of the","national historic and artistic heritage, social","policy objectives and cultural policy","objectives. According to settled case-law,","purely economic reasons, having","essentially protectionist aims, as well as","purely administrative reasons, such as","carrying out controls or gathering statistics","cannot constitute an overriding reason of","general interest."],"orig_lang":"fr","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"46","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":" Tatjana \u017ddanoka on behalf of the Verts/ALE Group","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-47","location":[[" Proposal for a directive","Recital 12 a (new)"]],"meps":[28619],"meta":{"created":"2019-07-03T06:18:33"},"new":["(12 a) This Directive seeks to strike a","balance between securing public interest","objectives and quality of services on the","one hand, and improving access to, and","exercise of, regulated professions, which","is in the interests of the professionals","themselves, on the other.It is clear from","settled case law of the Court of Justice","that when one Member State imposes less","strict rules than another Member State,","this does not necessarily mean that the","latter Member State's rules are","disproportionate."],"orig_lang":"en","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"47","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":"Dominique Martin, Mara Bizzotto, Jo\u00eblle M\u00e9lin","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-48","location":[["Proposal for a directive","Recital 12 a (new)"]],"meps":[124751,97198,124765],"meta":{"created":"2019-07-03T06:18:33"},"new":["(12 a) It is for the Member States to","determine the level of protection they wish","to grant to the public interest objectives","and the proportionate way in which that","level is to be achieved.The fact that one","Member State imposes less strict rules","than another Member State does not","mean that the latter Member State's rules","are disproportionate and therefore","incompatible with the EU law."],"orig_lang":"fr","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"48","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":"Jasenko Selimovic","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-49","location":[["Proposal for a directive","Recital 12 a (new)"]],"meps":[134243],"meta":{"created":"2019-07-03T06:18:33"},"new":["(12 a) Where an example of regulation of","professions is justified by the protection of","public health, the special characteristics","of health services should be borne in","mind. Health services are very different","from other services, and patients are very","different from other service","recipients.Consequently, health","professions should be considered to be","typically subject to regulation of","professions."],"orig_lang":"en","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"49","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":" Maria Arena","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-50","location":[[" Proposal for a directive","Recital 13"]],"meps":[124936],"meta":{"created":"2019-07-03T06:18:33"},"new":["(13) When assessing the proportionality","of the provisions, Member States should","consider the criteria which are relevant","for the provisions being analysed. Where a","Member State intends to regulate a","profession or to amend existing rules,","account should be taken, where relevant,","of the nature of the risks related to the","public interest objectives pursued, in","particular the risks to service recipients,","including consumers, to professionals or","third parties, also where those risks are","not certain or not fully apparent, taking","into account the precautionary principle.","It should also be borne in mind that, in the","field of professional services,there is","usually an asymmetry of information","between consumers and professionals.","Professionals display a high level of","technical knowledge which consumers may","not have and consumers therefore find it","difficult to judge the quality of the services","provided to them."],"old":["(13) Where a Member State intends to","regulate a profession or to amend existing","rules, account should be taken of the nature","of the risks related to the public interest","objectives pursued, in particular the risks to","consumers, to professionals or third parties.","It should also be borne in mind that, in the","field of professional services, there is","usually an asymmetry of information","between consumers and professionals.","Professionals display a high level of","technical knowledge which consumers may","not have and consumers therefore find it","difficult to judge the quality of the services","provided to them."],"orig_lang":"en","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"50","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":" Jasenko Selimovic","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-51","location":[["Proposal for a directive","Recital 13"]],"meps":[134243],"meta":{"created":"2019-07-03T06:18:33"},"new":["(13) Where a Member State intends to","regulate a service activity, and in","particular the access to or pursuit of a","profession, or to amend existing rules,","account should be taken of the nature of","the risks related to the public interest","objectives pursued, in particular the risks to","consumers, to professionals or third parties.","It should also be borne in mind that, in the","field of professional services, there is","usually an asymmetry of information","between consumers and professionals.","Professionals display a high level of","technical knowledge which consumers may","not have and consumers therefore find it","difficult to judge the quality of the services","provided to them."],"old":["(13) Where a Member State intends to","regulate a profession or to amend existing","rules, account should be taken of the nature","of the risks related to the public interest","objectives pursued, in particular the risks to","consumers, to professionals or third parties.","It should also be borne in mind that, in the","field of professional services, there is","usually an asymmetry of information","between consumers and professionals.","Professionals display a high level of","technical knowledge which consumers may","not have and consumers therefore find it","difficult to judge the quality of the services","provided to them."],"orig_lang":"en","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"51","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":"Paloma L\u00f3pez Bermejo, Rina Ronja Kari, Neoklis Sylikiotis","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-52","location":[["Proposal for a directive","Recital 14"]],"meps":[125047,122885,124689],"meta":{"created":"2019-07-03T06:18:33"},"new":["(14) To meet the requirement of","proportionality, the measure should be","suitable for securing the attainment of the","objective pursued. Furthermore, the","national measure should contribute to","achieving the objective pursued and","therefore, where it has no effect on the","ground for justification, it should not be","considered as suitable."],"old":["(14) To meet the requirement of","proportionality, the measure should be","suitable for securing the attainment of the","objective pursued. A measure should only","be considered suitable for securing the","attainment of the objective pursued, if it","genuinely reflects a concern to attain that","objective in a consistent and systematic","manner, for instance where similar risks","related to certain activities are addressed","in a comparable way and where any","exceptions to the restrictions involved are","applied in line with the stated objective.","Furthermore, the national measure should","contribute to achieving the objective","pursued and therefore, where it has no","effect on the ground for justification, it","should not be considered as suitable."],"orig_lang":"en","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"52","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":" Maria Arena","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-53","location":[[" Proposal for a directive","Recital 14"]],"meps":[124936],"meta":{"created":"2019-07-03T06:18:33"},"new":["(14) To meet the requirement of","proportionality, the measure should be","suitable for securing the attainment of the","objective pursued. A measure should only","be considered suitable for securing the","attainment of the objective pursued, if it","genuinely reflects a concern to attain that","objective in a consistent and systematic","manner. Furthermore, the national measure","should contribute to achieving the","objective pursued and therefore, where it","has no effect on the ground for","justification, it should not be considered as","suitable."],"old":["(14) To meet the requirement of","proportionality, the measure should be","suitable for securing the attainment of the","objective pursued. A measure should only","be considered suitable for securing the","attainment of the objective pursued, if it","genuinely reflects a concern to attain that","objective in a consistent and systematic","manner, for instance where similar risks","related to certain activities are addressed","in a comparable way and where any","exceptions to the restrictions involved are","applied in line with the stated objective.","Furthermore, the national measure should","contribute to achieving the objective","pursued and therefore, where it has no","effect on the ground for justification, it","should not be considered as suitable."],"orig_lang":"en","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"53","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":" Paloma L\u00f3pez Bermejo, Rina Ronja Kari, Neoklis Sylikiotis","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-54","location":[[" Proposal for a directive","Recital 15"]],"meps":[125047,122885,124689],"meta":{"created":"2019-07-03T06:18:33"},"new":["(15) According to European case-law1a,","requirements linked to professional","qualifications may be considered","appropriate and necessary without","Member States having to prove, positively,","that no other conceivable measure could","enable that objective to be attained under","the same conditions.","_________________","1a Case C-110/05; Case-518/06"],"old":["(15) Requirements linked to professional","qualifications should be considered as","necessary only where existing measures,","such as consumer protection law, cannot","be regarded as being suitable or genuinely","effective to achieve the aim pursued."],"orig_lang":"en","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"54","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":"Tatjana \u017ddanoka on behalf of the Verts/ALE Group","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-55","location":[["Proposal for a directive","Recital 16"]],"meps":[28619],"meta":{"created":"2019-07-03T06:18:33"},"new":["deleted"],"old":["(16) Among the elements to be taken","into account by national authorities, the","following are of most relevance: the link","between the scope of professional","activities covered by a profession and the","professional qualification required; the","complexity of the tasks in particular as","regards the level, the nature and the","duration of the training or experience","required; the existence of different routes","to obtain the professional qualification;","the scope of the professional activities,","reserved to holders of a particular","professional qualification, and in","particular whether the activities reserved","to certain professionals can be shared","with other professionals; the degree of","autonomy in exercising a regulated","profession in particular where the","activities relating to a regulated","profession are pursued under the control","and responsibility of a duly qualified","professional."],"orig_lang":"en","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"55","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":"Jasenko Selimovic","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-56","location":[[" Proposal for a directive","Recital 16"]],"meps":[134243],"meta":{"created":"2019-07-03T06:18:34"},"new":["(16) Among the elements to be taken","into account by national authorities, the","following are of most relevance when","assessing the requirements falling within","the scope of Directive 2005/36/EC: the","link between the scope of professional","activities covered by a profession and the","professional qualification required; the","complexity of the tasks in particular as","regards the level, the nature and the","duration of the training or experience","required; the existence of different routes","to obtain the professional qualification; the","scope of the professional activities,","reserved to holders of a particular","professional qualification, and in particular","whether the activities reserved to certain","professionals can be shared with other","professionals; the degree of autonomy in","exercising a regulated profession in","particular where the activities relating to a","regulated profession are pursued under the","control and responsibility of a duly","qualified professional."],"old":["(16) Among the elements to be taken","into account by national authorities, the","following are of most relevance: the link","between the scope of professional activities","covered by a profession and the","professional qualification required; the","complexity of the tasks in particular as","regards the level, the nature and the","duration of the training or experience","required; the existence of different routes","to obtain the professional qualification; the","scope of the professional activities,","reserved to holders of a particular","professional qualification, and in particular","whether the activities reserved to certain","professionals can be shared with other","professionals; the degree of autonomy in","exercising a regulated profession in","particular where the activities relating to a","regulated profession are pursued under the","control and responsibility of a duly","qualified professional."],"orig_lang":"en","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"56","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":" Paloma L\u00f3pez Bermejo, Rina Ronja Kari, Neoklis Sylikiotis","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-57","location":[[" Proposal for a directive","Recital 16"]],"meps":[125047,122885,124689],"meta":{"created":"2019-07-03T06:18:34"},"new":["(16) Among the elements that may be","taken into account by national authorities,","there are: the link between the scope of","professional activities covered by a","profession and the professional","qualification required; the complexity of","the tasks in particular as regards the level,","the nature and the duration of the training","or experience required; the existence of","different routes to obtain the professional","qualification; the scope of the professional","activities, reserved to holders of a","particular professional qualification, and in","particular whether the activities reserved to","certain professionals can be shared with","other professionals; the degree of","autonomy in exercising a regulated","profession in particular where the activities","relating to a regulated profession are","pursued under the control and","responsibility of a duly qualified","professional."],"old":["(16) Among the elements to be taken","into account by national authorities, the","following are of most relevance: the link","between the scope of professional activities","covered by a profession and the","professional qualification required; the","complexity of the tasks in particular as","regards the level, the nature and the","duration of the training or experience","required; the existence of different routes","to obtain the professional qualification; the","scope of the professional activities,","reserved to holders of a particular","professional qualification, and in particular","whether the activities reserved to certain","professionals can be shared with other","professionals; the degree of autonomy in","exercising a regulated profession in","particular where the activities relating to a","regulated profession are pursued under the","control and responsibility of a duly","qualified professional."],"orig_lang":"en","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"57","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":"Paloma L\u00f3pez Bermejo, Rina Ronja Kari, Neoklis Sylikiotis","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-58","location":[["Proposal for a directive","Recital 17"]],"meps":[125047,122885,124689],"meta":{"created":"2019-07-03T06:18:34"},"new":["deleted"],"old":["(17) Where a Member State regulates a","profession, account should be taken of the","fact that technological developments may","reduce the asymmetry of information","between consumers and professionals. In","view of the speed of technological change","and scientific progress, up-dates in access","requirements may be of particular","importance for a number of professions."],"orig_lang":"en","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"58","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":"\u00c1d\u00e1m K\u00f3sa","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-59","location":[["Proposal for a directive","Recital 17"]],"meps":[96829],"meta":{"created":"2019-07-03T06:18:34"},"new":["17. Where a Member State regulates a","profession, account should be taken of the","fact that technological developments may","reduce the asymmetry of information","between consumers and professionals. In","view of the speed of technological change","and scientific progress, up-dates in access","requirements may be of particular","importance for a number of professions;","appropriate measures must therefore be","taken to identify these professions and","conduct more frequent reviews of their","scope."],"old":["(17) Where a Member State regulates a","profession, account should be taken of the","fact that technological developments may","reduce the asymmetry of information","between consumers and professionals. In","view of the speed of technological change","and scientific progress, up-dates in access","requirements may be of particular","importance for a number of professions."],"orig_lang":"hu","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"59","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":" Jasenko Selimovic","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-60","location":[[" Proposal for a directive","Recital 17"]],"meps":[134243],"meta":{"created":"2019-07-03T06:18:34"},"new":["(17) Where a Member State regulates a","service activity or a profession, account","should be taken of the fact that","technological developments may reduce","the asymmetry of information between","consumers and professionals. In view of","the speed of technological change and","scientific progress, up-dates in access","requirements may be of particular","importance for a number of service","activities and regulated professions."],"old":["(17) Where a Member State regulates a","profession, account should be taken of the","fact that technological developments may","reduce the asymmetry of information","between consumers and professionals. In","view of the speed of technological change","and scientific progress, up-dates in access","requirements may be of particular","importance for a number of professions."],"orig_lang":"en","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"60","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":" Maria Arena","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-61","location":[[" Proposal for a directive","Recital 18"]],"meps":[124936],"meta":{"created":"2019-07-03T06:18:34"},"new":["(18) The impact of the measure on the","quality of the service provided and on the","free movement of persons and services","within the Union and on the freedom to","choose an occupation should be duly","taken into account, where relevant, by the","Member States."],"old":["(18) The economic impact of the","measure, including a cost-benefit analysis","with particular regard to the degree of","competition in the market and the quality","of the service provided, as well as the","impact on the right to work and on the free","movement of persons and services within","the Union should be duly taken into","account by the competent authorities.","Based on this analysis, Member States","should ascertain, in particular, whether","the extent of the restriction of access to or","pursuit of regulated professions within the","Union is proportionate to the importance","of the objectives pursued and the expected","gains."],"orig_lang":"en","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"61","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":"Paloma L\u00f3pez Bermejo, Rina Ronja Kari, Neoklis Sylikiotis","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-62","location":[["Proposal for a directive","Recital 18"]],"meps":[125047,122885,124689],"meta":{"created":"2019-07-03T06:18:34"},"new":["(18) The impact of the measure on the","quality of the service provided, as well as","the impact on the right to work and on the","free movement of persons within the Union","should be duly taken into account by the","competent authorities. Based on this","analysis, Member States should ascertain,","in particular, whether the extent of the","restriction of access to or pursuit of","regulated professions within the Union is","proportionate to the importance of the","objectives pursued and the expected gains."],"old":["(18) The economic impact of the","measure, including a cost-benefit analysis","with particular regard to the degree of","competition in the market and the quality","of the service provided, as well as the","impact on the right to work and on the free","movement of persons and services within","the Union should be duly taken into","account by the competent authorities.","Based on this analysis, Member States","should ascertain, in particular, whether the","extent of the restriction of access to or","pursuit of regulated professions within the","Union is proportionate to the importance of","the objectives pursued and the expected","gains."],"orig_lang":"en","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"62","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":"Tom Vandenkendelaere, Jeroen Lenaers","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-63","location":[["Proposal for a directive","Recital 18"]],"meps":[129164,95074],"meta":{"created":"2019-07-03T06:18:34"},"new":["(18) The economic impact of the","measure, including a cost-benefit analysis","with particular regard to the degree of","competition in the market, the quality of","the service provided, consumer choice, job","creation, employment opportunities for","young graduates as well as the impact on","the right to work and on the free movement","of persons and services within the Union","should be duly taken into account by the","competent authorities. Based on this","analysis, Member States should ascertain,","in particular, whether the extent of the","restriction of access to or pursuit of","regulated professions within the Union is","proportionate to the importance of the","objectives pursued and the expected gains."],"old":["(18) The economic impact of the","measure, including a cost-benefit analysis","with particular regard to the degree of","competition in the market and the quality","of the service provided, as well as the","impact on the right to work and on the free","movement of persons and services within","the Union should be duly taken into","account by the competent authorities.","Based on this analysis, Member States","should ascertain, in particular, whether the","extent of the restriction of access to or","pursuit of regulated professions within the","Union is proportionate to the importance of","the objectives pursued and the expected","gains."],"orig_lang":"en","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"63","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":" Tatjana \u017ddanoka on behalf of the Verts/ALE Group","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-64","location":[[" Proposal for a directive","Recital 18"]],"meps":[28619],"meta":{"created":"2019-07-03T06:18:34"},"new":["(18) The impact of the measure,","including the quality of the service","provided, as well as the impact on the right","to work and on the free movement of","persons and services within the Union","should be duly taken into account by the","competent authorities. Based on this","analysis, Member States should ascertain,","in particular, whether the extent of the","restriction of access to or pursuit of","regulated professions within the Union is","proportionate to the importance of the","objectives pursued and the expected gains."],"old":["(18) The economic impact of the","measure, including a cost-benefit analysis","with particular regard to the degree of","competition in the market and the quality","of the service provided, as well as the","impact on the right to work and on the free","movement of persons and services within","the Union should be duly taken into","account by the competent authorities.","Based on this analysis, Member States","should ascertain, in particular, whether the","extent of the restriction of access to or","pursuit of regulated professions within the","Union is proportionate to the importance of","the objectives pursued and the expected","gains."],"orig_lang":"en","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"64","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":"\u00c1d\u00e1m K\u00f3sa","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-65","location":[["Proposal for a directive","Recital 18"]],"meps":[96829],"meta":{"created":"2019-07-03T06:18:34"},"new":["18. The economic impact of the","measure, including a cost-benefit analysis","with particular regard to the degree of","competition in the market, the quality of","the service provided and the interests of","consumers, as well as the impact on the","right to work and on the free movement of","persons and services within the Union and","the Member States, should be considered","by the competent authorities. Based on this","analysis, Member States should ascertain,","in particular, whether the extent of the","restriction of access to or pursuit of","regulated professions within the Union is","proportionate to the importance of the","objectives pursued and the expected gains."],"old":["(18) The economic impact of the","measure, including a cost-benefit analysis","with particular regard to the degree of","competition in the marketandthe quality of","the service provided, as well as the impact","on the right to work and on the free","movement of persons and services within","the Unionshould be duly taken into","accountby the competent authorities.","Based on this analysis, Member States","should ascertain, in particular, whether the","extent of the restriction of access to or","pursuit of regulated professions within the","Union is proportionate to the importance of","the objectives pursued and the expected","gains."],"orig_lang":"hu","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"65","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":"Jasenko Selimovic","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-66","location":[["Proposal for a directive","Recital 18"]],"meps":[134243],"meta":{"created":"2019-07-03T06:18:34"},"new":["(18) The economic impact of the","measure, including a cost-benefit analysis","with particular regard to the degree of","competition in the market and the quality","of the service provided, as well as the","impact on the right to work and on the free","movement of persons and services within","the Union should be duly taken into","account by the competent authorities.","Based on this analysis, Member States","should ascertain, in particular, whether the","extent of the restriction of access to or","pursuit of service activities, including the","activities of regulated professions, within","the Union is proportionate to the","importance of the objectives pursued and","the expected gains."],"old":["(18) The economic impact of the","measure, including a cost-benefit analysis","with particular regard to the degree of","competition in the market and the quality","of the service provided, as well as the","impact on the right to work and on the free","movement of persons and services within","the Union should be duly taken into","account by the competent authorities.","Based on this analysis, Member States","","should ascertain, in particular, whether the","extent of the restriction of access to or","pursuit of regulated professions within the","Union is proportionate to the importance of","the objectives pursued and the expected","gains."],"orig_lang":"en","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"66","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":" Danuta Jaz\u0142owiecka, Marek Plura, Agnieszka Koz\u0142owska-Rajewicz, \u00c1d\u00e1m K\u00f3sa, Heinz K. Becker, Tom Vandenkendelaere, Csaba S\u00f3gor","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-67","location":[[" Proposal for a directive","Recital 18"]],"meps":[96781,124881,124889,96829,107041,129164,39724],"meta":{"created":"2019-07-03T06:18:34"},"new":["(18) The economic impact of the","measure, including a cost-benefit analysis","with particular regard to the degree of","competition in the market and the quality","of the service provided, as well as the","impact on the right to work and on the free","movement of persons and services within","Member States and the Union should be","duly taken into account by the competent","authorities. Based on this analysis, Member","States should ascertain, in particular,","whether the extent of the restriction of","access to or pursuit of regulated","professions within the Union is","proportionate to the importance of the","objectives pursued and the expected gains."],"old":["(18) The economic impact of the","measure, including a cost-benefit analysis","with particular regard to the degree of","competition in the market and the quality","of the service provided, as well as the","impact on the right to work and on the free","movement of persons and services within","the Union should be duly taken into","account by the competent authorities.","Based on this analysis, Member States","should ascertain, in particular, whether the","extent of the restriction of access to or","pursuit of regulated professions within the","Union is proportionate to the importance of","the objectives pursued and the expected","gains."],"orig_lang":"en","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"67","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":" Maria Arena","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-68","location":[[" Proposal for a directive","Recital 19"]],"meps":[124936],"meta":{"created":"2019-07-03T06:18:34"},"new":["(19) Member States should consider,","where relevant, the possibility to use less","restrictive solutions to achieve the same","public interest objective."],"old":["(19) Member States should carry out a","comparison between the national measure","at issue and the alternative and less","restrictive solutions that would allow the","same objective to be attained but would","impose fewer restrictions. Where the","measures are justified by consumer","protection and where the risks identified","are limited to the relationship between the","professional and the consumer without","negatively affecting third parties, the","objective could be attained by less","restrictive means than reserving activities","to professionals, such as protection of the","professional title or enrolment on a","professional register. Regulation by way","of reserved activities should be used only","in cases where the measures aim at","preventing a risk of serious harm to public","interest objectives."],"orig_lang":"en","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"68","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":"Paloma L\u00f3pez Bermejo, Rina Ronja Kari, Neoklis Sylikiotis","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-69","location":[["Proposal for a directive","Recital 19"]],"meps":[125047,122885,124689],"meta":{"created":"2019-07-03T06:18:34"},"new":["(19) Member States should carry out a","comparison between the national measure","at issue and alternative solutions that","would allow the same objective to be","attained but would impose fewer","restrictions. Where the measures are","justified by consumer protection and where","the risks identified are limited to the","relationship between the professional and","the consumer without negatively affecting","third parties, the objective could be","attained by less restrictive means than","reserving activities to professionals, such","as protection of the professional title or","enrolment on a professional register."],"old":["(19) Member States should carry out a","comparison between the national measure","at issue and the alternative and less","restrictive solutions that would allow the","same objective to be attained but would","impose fewer restrictions. Where the","measures are justified by consumer","protection and where the risks identified","are limited to the relationship between the","professional and the consumer without","negatively affecting third parties, the","objective could be attained by less","restrictive means than reserving activities","to professionals, such as protection of the","professional title or enrolment on a","professional register. Regulation by way of","reserved activities should be used only in","cases where the measures aim at","preventing a risk of serious harm to","public interest objectives."],"orig_lang":"en","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"69","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":" Dominique Martin, Mara Bizzotto, Jo\u00eblle M\u00e9lin","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-70","location":[[" Proposal for a directive","Recital 19"]],"meps":[124751,97198,124765],"meta":{"created":"2019-07-03T06:18:34"},"new":["(19) Member States should carry out a","comparison between the national measure","at issue and the alternative and less","restrictive solutions that would allow the","same objective to be attained but would","impose fewer restrictions. Where the","measures are justified by consumer","protection and where the risks identified","are limited to the relationship between the","professional and the consumer without","negatively affecting third parties, the","objective could be attained by less","restrictive means than reserving activities","to professionals, such as protection of the","professional title or enrolment on a","professional register."],"old":["(19) Member States should carry out a","comparison between the national measure","at issue and the alternative and less","restrictive solutions that would allow the","same objective to be attained but would","impose fewer restrictions. Where the","measures are justified by consumer","protection and where the risks identified","are limited to the relationship between the","professional and the consumer without","negatively affecting third parties, the","objective could be attained by less","restrictive means than reserving activities","to professionals, such as protection of the","professional title or enrolment on a","professional register. Regulation by way of","reserved activities should be used only in","cases where the measures aim at","preventing a risk of serious harm to","public interest objectives."],"orig_lang":"fr","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"70","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":" Jasenko Selimovic","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-71","location":[[" Proposal for a directive","Recital 20"]],"meps":[134243],"meta":{"created":"2019-07-03T06:18:34"},"new":["(20) The national authorities should","carry out a global assessment of the","circumstances in which the restrictive","measure is adopted and implemented and","examine in particular the cumulative effect","of imposing several requirements. The","taking-up and pursuit of certain activities","may be conditional on complying with","certain provisions such as rules relating to","the organisation of the profession,","compulsory membership of a professional","body, professional ethics, supervision and","liability. Therefore, when assessing the","cumulative effect of the measures, the","competent authorities should also take into","account other existing requirements, such","as continuous professional development,","compulsory chamber membership,","registration or authorisation schemes,","quantitative restrictions, specific legal form","requirements and shareholding","requirements, territorial restrictions,","multidisciplinary restrictions and","incompatibility rules, requirements","concerning insurance cover, language","knowledge requirements, authorisation","schemes, restrictions on advertising as","well as mandatory tariff requirements, to","the extent necessary to exercise service","activities or practise the profession. A","measure introduced by a Member State","cannot be regarded as necessary to achieve","the objective pursued if it essentially","duplicates requirements which have","already been introduced in the context of","other rules or procedures."],"old":["(20) The national authorities should","carry out a global assessment of the","circumstances in which the restrictive","measure is adopted and implemented and","examine in particular the cumulative effect","of imposing several requirements in","addition to the specific professional","qualification. The taking-up and pursuit of","certain activities may be conditional on","complying with certain provisions such as","rules relating to the organisation of the","profession, compulsory membership of a","professional body, professional ethics,","supervision and liability. Therefore, when","assessing the cumulative effect of the","measures, the competent authorities should","also take into account other existing","requirements, such as continuous","professional development, compulsory","chamber membership, registration or","authorisation schemes, quantitative","restrictions, specific legal form","requirements and shareholding","requirements, territorial restrictions,","multidisciplinary restrictions and","incompatibility rules, requirements","concerning insurance cover as well as","language knowledge requirements, to the","extent necessary to practise the profession.","A measure introduced by a Member State","cannot be regarded as necessary to achieve","the objective pursued if it essentially","duplicates requirements which have","already been introduced in the context of","other rules or procedures."],"orig_lang":"en","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"71","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":"Dominique Martin, Mara Bizzotto, Jo\u00eblle M\u00e9lin","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-72","location":[["Proposal for a directive","Recital 20"]],"meps":[124751,97198,124765],"meta":{"created":"2019-07-03T06:18:35"},"new":["(20) The national authorities should","carry out a global assessment of the","circumstances in which the requirement is","adopted and implemented and examine in","particular the cumulative effect of","imposing several requirements in addition","to the specific professional qualification.","The taking-up and pursuit of certain","activities may be conditional on complying","with certain provisions such as rules","relating to the organisation of the","profession, compulsory membership of a","professional body, professional ethics,","supervision and liability. Therefore, when","assessing the cumulative effect of the","measures, the competent authorities should","also take into account other existing","requirements, such as continuous","professional development, compulsory","chamber membership, registration or","authorisation schemes, quantitative","restrictions, specific legal form","requirements and shareholding","requirements, territorial restrictions,","multidisciplinary restrictions and","incompatibility rules, requirements","concerning insurance cover as well as","language knowledge requirements, to the","extent necessary to practise the profession.","When doing so, existing requirements","which are not being amended would not","be subject to a new proportionality","assessment. A measure introduced by a","Member State cannot be regarded as","necessary to achieve the objective pursued","if it essentially duplicates requirements","which have already been introduced in the","context of other rules or procedures."],"old":["(20) The national authorities should","carry out a global assessment of the","circumstances in which the restrictive","measure is adopted and implemented and","examine in particular the cumulative effect","of imposing several requirements in","addition to the specific professional","qualification. The taking-up and pursuit of","certain activities may be conditional on","complying with certain provisions such as","rules relating to the organisation of the","profession, compulsory membership of a","professional body, professional ethics,","supervision and liability. Therefore, when","assessing the cumulative effect of the","measures, the competent authorities should","also take into account other existing","requirements, such as continuous","professional development, compulsory","chamber membership, registration or","authorisation schemes, quantitative","restrictions, specific legal form","requirements and shareholding","requirements, territorial restrictions,","multidisciplinary restrictions and","incompatibility rules, requirements","concerning insurance cover as well as","language knowledge requirements, to the","extent necessary to practise the profession.","A measure introduced by a Member State","cannot be regarded as necessary to achieve","the objective pursued if it essentially","duplicates requirements which have","already been introduced in the context of","other rules or procedures."],"orig_lang":"fr","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"72","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":" Paloma L\u00f3pez Bermejo, Rina Ronja Kari, Neoklis Sylikiotis","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-73","location":[[" Proposal for a directive","Recital 20"]],"meps":[125047,122885,124689],"meta":{"created":"2019-07-03T06:18:35"},"new":["(20) The national authorities should","carry out a global assessment of the","circumstances in which the restrictive","measure is adopted and implemented and","examine in particular the cumulative effect","of imposing several requirements in","addition to the specific professional","qualification. The taking-up and pursuit of","certain activities may be conditional on","complying with certain provisions such as","rules relating to the organisation of the","profession, compulsory membership of a","professional body, professional ethics,","supervision and liability. Therefore, when","assessing the cumulative effect of the","measures, the competent authorities should","also take into account other existing","requirements, such as continuous","professional development, compulsory","chamber membership, registration or","authorisation schemes, quantitative","restrictions, specific legal form","requirements and shareholding","requirements, territorial restrictions,","multidisciplinary restrictions and","incompatibility rules, requirements","concerning insurance cover as well as","language knowledge requirements, to the","extent necessary to practise the profession.","When doing so, existing procedures that","are not amended should not be subject to","a new proportionality assessment. A","measure introduced by a Member State","cannot be regarded as necessary to achieve","the objective pursued if it essentially","duplicates requirements which have","already been introduced in the context of","other rules or procedures."],"old":["(20) The national authorities should","carry out a global assessment of the","circumstances in which the restrictive","measure is adopted and implemented and","examine in particular the cumulative effect","of imposing several requirements in","addition to the specific professional","qualification. The taking-up and pursuit of","certain activities may be conditional on","complying with certain provisions such as","rules relating to the organisation of the","profession, compulsory membership of a","professional body, professional ethics,","supervision and liability. Therefore, when","assessing the cumulative effect of the","measures, the competent authorities should","also take into account other existing","requirements, such as continuous","professional development, compulsory","chamber membership, registration or","authorisation schemes, quantitative","restrictions, specific legal form","requirements and shareholding","requirements, territorial restrictions,","multidisciplinary restrictions and","incompatibility rules, requirements","concerning insurance cover as well as","language knowledge requirements, to the","extent necessary to practise the profession.","A measure introduced by a Member State","cannot be regarded as necessary to achieve","the objective pursued if it essentially","duplicates requirements which have","already been introduced in the context of","other rules or procedures."],"orig_lang":"en","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"73","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":"Maria Arena","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-74","location":[["Proposal for a directive","Recital 20"]],"meps":[124936],"meta":{"created":"2019-07-03T06:18:35"},"new":["(20) Where relevant, Member States","should carry out an assessment of the","circumstances in which the measure is","adopted and implemented and examine in","particular the effect of the new or amended","provisions when combined with other","requirements restricting access to or","pursuit of the profession. The taking-up","and pursuit of certain activities may be","conditional on complying with certain","provisions such as rules relating to the","organisation of the profession, compulsory","membership of a professional","body,professional supervision and liability.","Therefore, when assessing the effect of the","new or amended measures, Member States","should also take into account, where","relevant, the effects of those measures","combined with other existing requirements,","such as compulsory chamber membership,","registration or authorisation schemes,","quantitative restrictions, specific legal form","requirements and shareholding","requirements, territorial restrictions,","multidisciplinary restrictions and","incompatibility rules, requirements","concerning insurance cover as well as","language knowledge requirements, to the","extent necessary to practise the profession.","In carrying out this assessment, existing","requirements which are not being","amended should not be subject to the","proportionality assessment."],"old":["(20) The national authorities should","carry out a global assessment of the","circumstances in which the restrictive","measure is adopted and implemented and","examine in particular the cumulative effect","of imposing several requirements in","addition to the specific professional","qualification. The taking-up and pursuit of","certain activities may be conditional on","complying with certain provisions such as","rules relating to the organisation of the","profession, compulsory membership of a","professional body, professional ethics,","supervision and liability. Therefore, when","assessing the cumulative effect of the","measures, the competent authorities","should also take into account other existing","requirements, such as continuous","professional development, compulsory","chamber membership, registration or","authorisation schemes, quantitative","restrictions, specific legal form","requirements and shareholding","requirements, territorial restrictions,","multidisciplinary restrictions and","incompatibility rules, requirements","concerning insurance cover as well as","language knowledge requirements, to the","extent necessary to practise the profession.","A measure introduced by a Member State","cannot be regarded as necessary to","achieve the objective pursued if it","essentially duplicates requirements which","have already been introduced in the","context of other rules or procedures."],"orig_lang":"en","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"74","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":" \u00c1d\u00e1m K\u00f3sa","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-75","location":[[" Proposal for a directive","Recital 20"]],"meps":[96829],"meta":{"created":"2019-07-03T06:18:35"},"new":["20. The national authorities should","carry out a global assessment of the","circumstances in which the restrictive","measure is adopted and implemented and","examine in particular the cumulative effect","of imposing several requirements in","addition to the specific professional","qualification. The taking-up and pursuit of","certain activities may be conditional on","complying with certain provisions such as","rules relating to the organisation of the","profession, compulsory membership of a","professional body, professional ethics,","supervision and liability. Therefore, when","assessing the cumulative effect of the","measures, the competent authorities should","also take into account other existing","requirements, such as continuous","professional development, compulsory","chamber membership, registration or","authorisation schemes, quantitative","restrictions, specific legal form","requirements and shareholding","requirements, territorial restrictions,","multidisciplinary restrictions and","incompatibility rules, requirements","concerning insurance cover as well as","language and specific local knowledge","requirements, to the extent necessary to","practise the profession. A measure","introduced by a Member State cannot be","regarded as necessary to achieve the","objective pursued if it essentially","duplicates requirements which have","already been introduced in the context of","other rules or procedures."],"old":["(20) The national authorities should","carry out a global assessment of the","circumstances in which the restrictive","measure is adopted and implemented and","examine in particular the cumulative effect","of imposing several requirements in","addition to the specific professional","qualification. The taking-up and pursuit of","certain activities may be conditional on","complying with certain provisions such as","rules relating to the organisation of the","profession, compulsory membership of a","professional body, professional ethics,","supervision and liability. Therefore, when","assessing the cumulative effect of the","measures, the competent authorities should","also take into account other existing","requirements, such as continuous","professional development, compulsory","chamber membership, registration or","authorisation schemes, quantitative","restrictions, specific legal form","requirements and shareholding","requirements, territorial restrictions,","multidisciplinary restrictions and","incompatibility rules, requirements","concerning insurance cover as well as","language knowledge requirements, to the","extent necessary to practise the profession.","A measure introduced by a Member State","cannot be regarded as necessary to achieve","the objective pursued if it essentially","duplicates requirements which have","already been introduced in the context of","other rules or procedures."],"orig_lang":"hu","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"75","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":"Jasenko Selimovic","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-76","location":[["Proposal for a directive","Recital 20 a (new)"]],"meps":[134243],"meta":{"created":"2019-07-03T06:18:35"},"new":["(20 a) The proportionality criteria as set","out in this Directive should be applied to","the appropriate extent and degree of","intensity as part of an assessment of","proportionality to be undertaken before","introducing new or amended legislative,","regulatory or administrative provisions","restricting access to or pursuit of service","activities, including the activities of","regulated professions.The extent and","degree of intensity applied during the","assessment should be proportionate to the","content of the provision being introduced","and its impact."],"orig_lang":"en","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"76","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":" Danuta Jaz\u0142owiecka, Marek Plura, Agnieszka Koz\u0142owska-Rajewicz, \u00c1d\u00e1m K\u00f3sa, Heinz K. Becker, Tom Vandenkendelaere, Sven Schulze","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-77","location":[[" Proposal for a directive","Recital 20 a (new)"]],"meps":[96781,124881,124889,96829,107041,129164,124809],"meta":{"created":"2019-07-03T06:18:35"},"new":["(20 a) The extent and degree of the","criteria being used during the","proportionality test should be appropriate","and adjusted to the content of the","provisions being introduced and its","impact."],"orig_lang":"en","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"77","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":" Maria Arena","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-78","location":[[" Proposal for a directive","Recital 21"]],"meps":[124936],"meta":{"created":"2019-07-03T06:18:35"},"new":["(21) It is essential for the proper","functioning of the internal market to ensure","that Member States, before introducing","new, or amending existing measures","restricting access to or pursuit of","regulated professions, publicly disclose","the relevant information on the provisions,","adequately consult citizens, service","recipients, including consumers,","representative associations, social partners","and other relevant stakeholders, including","those who are not members of the","profession, and give them the opportunity","to make known their views."],"old":["(21) It is essential for the proper","functioning of the internal market to ensure","that Member States provide information to","citizens, representative associations or","other relevant stakeholders before","introducing new measures restricting","access to or pursuit of regulated","professions and give them the opportunity","to make known their views."],"orig_lang":"en","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"78","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":"Paloma L\u00f3pez Bermejo, Rina Ronja Kari, Neoklis Sylikiotis","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-79","location":[["Proposal for a directive","Recital 21"]],"meps":[125047,122885,124689],"meta":{"created":"2019-07-03T06:18:35"},"new":["(21) It is essential for the proper","functioning of the internal market to ensure","that Member States provide information to","the social partners, as well as citizens,","representative associations, or other","relevant stakeholders with a legitimate","interest, before introducing new measures","restricting access to or pursuit of regulated","professions and give them the opportunity","to make known their views."],"old":["(21) It is essential for the proper","functioning of the internal market to ensure","that Member States provide information to","citizens, representative associations or","other relevant stakeholders before","introducing new measures restricting","access to or pursuit of regulated","professions and give them the opportunity","to make known their views."],"orig_lang":"en","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"79","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":"Danuta Jaz\u0142owiecka, Marek Plura, Agnieszka Koz\u0142owska-Rajewicz, \u00c1d\u00e1m K\u00f3sa, Heinz K. Becker, Tom Vandenkendelaere, Sven Schulze","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-80","location":[["Proposal for a directive","Recital 21"]],"meps":[96781,124881,124889,96829,107041,129164,124809],"meta":{"created":"2019-07-03T06:18:35"},"new":["(21) It is essential for the proper","functioning of the internal market to ensure","that Member States provide information to","citizens, representative associations, social","partners and consumers or other relevant","stakeholders before introducing new","measures restricting access to or pursuit of","regulated professions and give them the","opportunity to make known their views."],"old":["(21) It is essential for the proper","functioning of the internal market to ensure","that Member States provide information to","citizens, representative associations or","other relevant stakeholders before","introducing new measures restricting","access to or pursuit of regulated","professions and give them the opportunity","to make known their views."],"orig_lang":"en","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"80","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":" Jasenko Selimovic","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-81","location":[[" Proposal for a directive","Recital 21"]],"meps":[134243],"meta":{"created":"2019-07-03T06:18:35"},"new":["(21) It is essential for the proper","functioning of the internal market to ensure","that Member States consult citizens,","representative associations or other","relevant stakeholders before introducing","new measures restricting access to or","pursuit of service activities, including the","activities of regulated professions, and that","they take account of their views."],"old":["(21) It is essential for the proper","functioning of the internal market to ensure","that Member States provide information to","citizens, representative associations or","other relevant stakeholders before","introducing new measures restricting","access to or pursuit of regulated","professions and give them the opportunity","to make known their views."],"orig_lang":"en","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"81","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":" Jutta Steinruck","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-82","location":[[" Proposal for a directive","Recital 21"]],"meps":[96831],"meta":{"created":"2019-07-03T06:18:35"},"new":["(21) It is essential for the proper","functioning of the internal market to ensure","that Member States provide information to","citizens, representative associations, social","partners and other relevant stakeholders","before introducing new measures","restricting access to or pursuit of regulated","professions and give them the opportunity","to make known their views."],"old":["(21) It is essential for the proper","functioning of the internal market to ensure","that Member States provide information to","citizens, representative associations or","other relevant stakeholders before","introducing new measures restricting","access to or pursuit of regulated","professions and give them the opportunity","to make known their views."],"orig_lang":"en","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"82","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":" Amjad Bashir","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-83","location":[[" Proposal for a directive","Recital 21"]],"meps":[124956],"meta":{"created":"2019-07-03T06:18:35"},"new":["(21) It is essential for the proper","functioning of the internal market to ensure","that Member States provide information to","citizens, representative associations or","other relevant stakeholders in a due time","before introducing new measures","restricting access to or pursuit of regulated","professions and give them the opportunity","to make known their views."],"old":["(21) It is essential for the proper","functioning of the internal market to ensure","that Member States provide information to","citizens, representative associations or","other relevant stakeholders before","introducing new measures restricting","access to or pursuit of regulated","professions and give them the opportunity","to make known their views."],"orig_lang":"en","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"83","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":"Danuta Jaz\u0142owiecka, Marek Plura, Agnieszka Koz\u0142owska-Rajewicz, \u00c1d\u00e1m K\u00f3sa, Heinz K. Becker, Sven Schulze, Tom Vandenkendelaere, Csaba S\u00f3gor","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-84","location":[["Proposal for a directive","Recital 22"]],"meps":[96781,124881,124889,96829,107041,124809,129164,39724],"meta":{"created":"2019-07-03T06:18:36"},"new":["(22) To facilitate the exchange of best","practices, each Member State should","ensure that the relevant competent","authorities share adequate and regularly","updated information with other Member","States on the regulation of professions. The","Commission should take relevant","initiatives in order to encourage smooth","exchange of information between","Member States."],"old":["(22) To facilitate the exchange of best","practices, each Member State should","encourage the relevant competent","authorities to share adequate and regularly","updated information with other Member","States on the regulation of professions."],"orig_lang":"en","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"84","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":"Amjad Bashir","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-85","location":[["Proposal for a directive","Recital 22"]],"meps":[124956],"meta":{"created":"2019-07-03T06:18:36"},"new":["(22) To facilitate the exchange of best","practices, each Member State should","encourage the relevant competent","authorities to share adequate and regularly","updated information and known","effects with other Member States on the","deregulation of professions."],"old":["(22) To facilitate the exchange of best","practices, each Member State should","encourage the relevant competent","authorities to share adequate and regularly","updated information with other Member","States on the regulation of professions."],"orig_lang":"en","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"85","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":" Jasenko Selimovic","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-86","location":[[" Proposal for a directive","Recital 22"]],"meps":[134243],"meta":{"created":"2019-07-03T06:18:36"},"new":["(22) To facilitate the exchange of best","practices, each Member State should","encourage the relevant competent","authorities to share adequate and regularly","updated information with other Member","States on the regulation of services and","professions."],"old":["(22) To facilitate the exchange of best","practices, each Member State should","encourage the relevant competent","authorities to share adequate and regularly","updated information with other Member","States on the regulation of professions."],"orig_lang":"en","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"86","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":" Jasenko Selimovic","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-87","location":[[" Proposal for a directive","Recital 23"]],"meps":[134243],"meta":{"created":"2019-07-03T06:18:36"},"new":["(23) In order to increase transparency","and promote proportionality assessments","based on comparable criteria, it is","important that the information on","regulated professions submitted by","Member States be easily accessible in the","database of regulated professions to allow","all interested parties to submit comments."],"old":["(23) In order to increase transparency","and promote proportionality assessments","based on comparable criteria, it is","important that the information submitted","by Member States be easily accessible in","the database of regulated professions to","allow all interested parties to submit","comments."],"orig_lang":"en","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"87","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":" Jasenko Selimovic","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-88","location":[["Proposal for a directive","Recital 24"]],"meps":[134243],"meta":{"created":"2019-07-03T06:18:36"},"new":["(24) Since the objectives of this","Directive, namely the removal of","disproportionate restrictions on access to or","pursuit of service activities, and in","particular the activities of regulated","professions cannot be sufficiently achieved","by the Member States but can rather, by","reason of the scale of the action, be better","achieved at Union level, the Union may","adopt measures, in accordance with the","principle of subsidiarity as set out in","Article 5 of the Treaty on European Union.","In accordance with the principle of","proportionality, as set out in that Article,","this Directive does not go beyond what is","necessary in order to achieve those","objectives,"],"old":["(24) Since the objectives of this","Directive, namely the removal of","disproportionate restrictions on access to or","pursuit of regulated professions cannot be","sufficiently achieved by the Member States","but can rather, by reason of the scale of the","action, be better achieved at Union level,","the Union may adopt measures, in","accordance with the principle of","subsidiarity as set out in Article 5 of the","Treaty on European Union. In accordance","with the principle of proportionality, as set","out in that Article, this Directive does not","go beyond what is necessary in order to","achieve those objectives,"],"orig_lang":"en","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"88","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":"Heinz K. Becker","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-89","location":[["Proposal for a directive","Article 1 \u2013 paragraph 1"]],"meps":[107041],"meta":{"created":"2019-07-03T06:18:36"},"new":["This Directive lays down rules on a","common framework for conducting","proportionality assessments when","introducing new or amending existing","legislative, regulatory or administrative","provisions restricting access to or pursuit","of regulated professions, with a view to","ensuring the proper functioning of the","internal market. The Directive shall be","without prejudice, however, to the","prerogative of Member States as to","whether and how they regulate","professions, subject to the principles of","non-discrimination and proportionality,","and to their margin of appreciation in that","regard. 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Member States shall take the","necessary measures to ensure that the","assessment of proportionality referred to in","paragraph 1 is carried out in an objective","and independent manner."],"old":["5. Member States shall take the","necessary measures to ensure that the","assessment of proportionality referred to in","paragraph 1 is carried out in an objective","and independent manner including","through involvement of independent","scrutiny bodies."],"orig_lang":"en","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"145","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":" Jasenko Selimovic","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-146","location":[[" Proposal for a directive","Article 5 \u2013 paragraph 1"]],"meps":[134243],"meta":{"created":"2019-07-03T06:18:40"},"new":["1. Member States shall ensure that","legislative, regulatory or administrative","provisions restricting access to or pursuit","of service activities, and in particular the","activities of regulated professions, they","intend to introduce and amendments they","intend to make to existing provisions are","justified by public interest objectives.","Where those provisions introduce","substantive changes to the regulation of a","service activity or the profession","concerned, Member States shall also","review whether the existing regulation","that is not being amended remains","justified by its underlying public interest","objectives."],"old":["1. Member States shall ensure that","legislative, regulatory or administrative","provisions restricting access to or pursuit","of regulated professions they intend to","introduce and amendments they intend to","make to existing provisions are justified by","public interest objectives."],"orig_lang":"en","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"146","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":"Tatjana \u017ddanoka on behalf of the Verts/ALE Group","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-147","location":[["Proposal for a directive","Article 5 \u2013 paragraph 1"]],"meps":[28619],"meta":{"created":"2019-07-03T06:18:40"},"new":["1. Member States shall ensure that","legislative, regulatory or administrative","provisions restricting access to or pursuit","of regulated professions are justified by","public interest objectives."],"old":["1. Member States shall ensure that","legislative, regulatory or administrative","provisions restricting access to or pursuit","of regulated professions they intend to","introduce and amendments they intend to","make to existing provisions are justified by","public interest objectives."],"orig_lang":"en","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"147","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":"Mara Bizzotto, Jo\u00eblle M\u00e9lin, Dominique Martin","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-148","location":[["Proposal for a directive","Article 5 \u2013 paragraph 1"]],"meps":[97198,124765,124751],"meta":{"created":"2019-07-03T06:18:40"},"new":["1. Member States shall ensure that","legislative, regulatory or administrative","provisions restricting access to or pursuit","of regulated professions they introduce and","amendments they make to existing","provisions are justified by public interest","objectives."],"old":["1. Member States shall ensure that","legislative, regulatory or administrative","provisions restricting access to or pursuit","of regulated professions they intend to","introduce and amendments they intend to","make to existing provisions are justified by","public interest objectives."],"orig_lang":"it","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"148","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":" Elena Gentile, Emilian Pavel, Maria Arena, Si\u00f4n Simon, Brando Benifei","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-149","location":[[" Proposal for a directive","Article 5 \u2013 paragraph 2"]],"meps":[124847,129256,124936,124948,124867],"meta":{"created":"2019-07-03T06:18:41"},"new":["2. Member States shall consider in","particular whether those provisions are","objectively justified on the basis of public","policy, public security or public health, or","by overriding reasons in the public interest,","such as preserving the financial","equilibrium of the social security system,","the protection of users, recipients of","services ensuring healthy and safety and","decent working conditions, the","safeguarding of the proper administration","of justice, fairness of trade transactions,","combating fraud and prevention of tax","evasion and avoidance, and effectiveness","of fiscal supervision, transport safety,","guaranteeing the quality of products and","services, promotion of research and","development, ensuring high standards of","education and training, the protection of","the environment and the urban","environment, the health of animals,","intellectual property, the safeguarding and","conservation of the national historic and","artistic heritage, social policy objectives,","including the encouragement of","employment and recruitment and","sustainability of employment, and cultural","policy objectives."],"old":["2. The relevant competent authorities","shall consider in particular whether those","provisions are objectively justified on the","basis of public policy, public security or","public health, or by overriding reasons in","the public interest, such as preserving the","financial equilibrium of the social security","system, the protection of consumers,","recipients of services and workers, the","safeguarding of the proper administration","of justice, fairness of trade transactions,","combating fraud and prevention of tax","evasion and avoidance, road safety, the","protection of the environment and the","urban environment, the health of animals,","intellectual property, the safeguarding and","conservation of the national historic and","artistic heritage, social policy objectives","and cultural policy objectives."],"orig_lang":"en","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"149","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":" Jutta Steinruck","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-150","location":[[" Proposal for a directive","Article 5 \u2013 paragraph 2"]],"meps":[96831],"meta":{"created":"2019-07-03T06:18:41"},"new":["2. The relevant competent authorities","shall consider in particular whether those","provisions are objectively justified on the","basis of public policy, public security or","public health, or by overriding reasons in","the public interest, such as preserving the","financial equilibrium of the social security","system, the high protection of consumers,","recipients of services and workers, the","protection of the workers\u2019 rights, the","workers participation and the systems of","self government, the safeguarding of the","proper administration of justice, the","protection of vocational training, fairness","of trade transactions, combating fraud and","prevention of tax evasion and avoidance,","road transport safety, the protection of the","environment and the urban environment,","the health of animals, intellectual property,","the safeguarding and conservation of the","national historic and artistic heritage, social","policy objectives and cultural policy","objectives. This list is not exhaustive."],"old":["2. The relevant competent authorities","shall consider in particular whether those","provisions are objectively justified on the","basis of public policy, public security or","public health, or by overriding reasons in","the public interest, such as preserving the","financial equilibrium of the social security","system, the protection of consumers,","recipients of services and workers, the","safeguarding of the proper administration","of justice, fairness of trade transactions,","combating fraud and prevention of tax","evasion and avoidance, road safety, the","protection of the environment and the","urban environment, the health of animals,","intellectual property, the safeguarding and","conservation of the national historic and","artistic heritage, social policy objectives","and cultural policy objectives."],"orig_lang":"en","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"150","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":"Paloma L\u00f3pez Bermejo, Rina Ronja Kari, Neoklis Sylikiotis","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-151","location":[["Proposal for a directive","Article 5 \u2013 paragraph 2"]],"meps":[125047,122885,124689],"meta":{"created":"2019-07-03T06:18:41"},"new":["2. Member States shall consider in","particular whether those provisions are","objectively justified on the basis of public","policy, public security or public health, or","by overriding reasons in the public interest.","These include, inter alia, preserving the","financial equilibrium of the social security","system, the protection of consumers,","recipients of services and workers, the","safeguarding of the proper administration","of justice, fairness of trade transactions,","combating fraud and prevention of tax","evasion and avoidance, transport safety,","the protection of the environment and the","urban environment, the health of animals,","intellectual property, the safeguarding and","conservation of the national historic and","artistic heritage, social policy objectives;","the protection of individual and collective","worker\u2019s rights, vocational training","systems, workers\u2018 self-management and","cultural policy objectives."],"old":["2. The relevant competent authorities","shall consider in particular whether those","provisions are objectively justified on the","basis of public policy, public security or","public health, or by overriding reasons in","the public interest, such as preserving the","financial equilibrium of the social security","system, the protection of consumers,","recipients of services and workers, the","safeguarding of the proper administration","of justice, fairness of trade transactions,","combating fraud and prevention of tax","evasion and avoidance, road safety, the","protection of the environment and the","urban environment, the health of animals,","intellectual property, the safeguarding and","conservation of the national historic and","artistic heritage, social policy objectives","and cultural policy objectives."],"orig_lang":"en","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"151","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":" \u00c1d\u00e1m K\u00f3sa","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-152","location":[[" Proposal for a directive","Article 5 \u2013 paragraph 2"]],"meps":[96829],"meta":{"created":"2019-07-03T06:18:41"},"new":["2. The relevant competent authorities","shall consider in particular whether those","provisions, whilst complying with the","objectives set out in the Treaty, are","objectively justified on the basis of public","policy, public security or public health, or","by overriding reasons in the public interest,","such as preserving the financial","equilibrium of the social security system;","the protection of consumers, recipients of","services and workers; the safeguarding of","the proper administration of justice;","fairness of trade transactions; combating","fraud and prevention of tax evasion and tax","avoidance; road safety; the protection of","the environment and the urban","environment; animal health; intellectual","property; the conservation of the national","historic and artistic heritage; and social","policy objectives and cultural policy","objectives."],"old":["2. The relevant competent authorities","shall consider in particular whether those","provisions are objectively justified on the","basis of public policy, public security or","public health, or by overriding reasons in","the public interest, such as preserving the","financial equilibrium of the social security","system,the protection of consumers,","recipients of services and workers,the","safeguarding of the proper administration","of justice,fairness of trade","transactions,combating fraud and","prevention of tax evasion and","avoidance,road safety,the protection of the","environment and the urban environment,","thehealthof animals,intellectual property,","the safeguarding andconservation of the","national historic and artistic heritage,social","policy objectives and cultural policy","objectives."],"orig_lang":"hu","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"152","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":" Tatjana \u017ddanoka on behalf of the Verts/ALE Group","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-153","location":[[" Proposal for a directive","Article 5 \u2013 paragraph 2"]],"meps":[28619],"meta":{"created":"2019-07-03T06:18:41"},"new":["2. The relevant competent authorities","shall consider in particular whether those","provisions are objectively justified on the","basis of public policy, public security or","public health, or by overriding reasons in","the public interest, such as for example but","not limited to:","preserving the financial equilibrium of the","social security system, the protection of","consumers, recipients of services and","workers, the safeguarding of the proper","administration of justice, fairness of trade","transactions, combating fraud and","prevention of tax evasion and avoidance,","road safety, the protection of the","environment and the urban environment,","the health of animals, intellectual property,","the safeguarding and conservation of the","national historic and artistic heritage, social","policy objectives and cultural policy","objectives."],"old":["2. The relevant competent authorities","shall consider in particular whether those","provisions are objectively justified on the","basis of public policy, public security or","public health, or by overriding reasons in","the public interest, such as preserving the","financial equilibrium of the social security","system, the protection of consumers,","recipients of services and workers, the","safeguarding of the proper administration","of justice, fairness of trade transactions,","combating fraud and prevention of tax","evasion and avoidance, road safety, the","protection of the environment and the","urban environment, the health of animals,","intellectual property, the safeguarding and","conservation of the national historic and","artistic heritage, social policy objectives","and cultural policy objectives."],"orig_lang":"en","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"153","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":"Jasenko Selimovic","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-154","location":[["Proposal for a directive","Article 5 \u2013 paragraph 2"]],"meps":[134243],"meta":{"created":"2019-07-03T06:18:41"},"new":["2. The relevant competent authorities","shall consider in particular whether those","provisions are objectively justified on the","basis of public policy, public security or","public health, or by overriding reasons in","the public interest, such as preserving the","financial equilibrium of the social security","system, the protection of consumers,","recipients of services, including","patients, and workers, the safeguarding of","the proper administration of justice,","fairness of trade transactions, combating","fraud and prevention of tax evasion and","avoidance, road safety, the protection of","the environment and the urban","environment, the health of animals,","intellectual property, the safeguarding and","conservation of the national historic and","artistic heritage, social policy objectives","and cultural policy objectives."],"old":["2. The relevant competent authorities","shall consider in particular whether those","provisions are objectively justified on the","basis of public policy, public security or","public health, or by overriding reasons in","the public interest, such as preserving the","financial equilibrium of the social security","system, the protection of consumers,","recipients of services and workers, the","safeguarding of the proper administration","of justice, fairness of trade transactions,","combating fraud and prevention of tax","evasion and avoidance, road safety, the","protection of the environment and the","urban environment, the health of animals,","intellectual property, the safeguarding and","conservation of the national historic and","artistic heritage, social policy objectives","and cultural policy objectives."],"orig_lang":"en","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"154","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":" Danuta Jaz\u0142owiecka, Agnieszka Koz\u0142owska-Rajewicz, \u00c1d\u00e1m K\u00f3sa, Heinz K. Becker, Sven Schulze, Tom Vandenkendelaere, Csaba S\u00f3gor","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-155","location":[[" Proposal for a directive","Article 5 \u2013 paragraph 2"]],"meps":[96781,124889,96829,107041,124809,129164,39724],"meta":{"created":"2019-07-03T06:18:41"},"new":["2. The relevant competent authorities","shall consider in particular whether those","provisions are objectively justified on the","basis of public policy, public security or","public health, or by overriding reasons in","the public interest, such as preserving the","financial equilibrium of the social security","system, the protection of consumers,","recipients of services and workers, the","safeguarding of the proper administration","of justice, fairness of trade transactions,","combating fraud and prevention of tax","evasion and avoidance, road safety, the","protection of the environment and the","urban environment, the health of animals,","intellectual property, the safeguarding and","conservation of the national historic and","artistic heritage, threats to social policy","objectives and cultural policy objectives."],"old":["2. The relevant competent authorities","shall consider in particular whether those","provisions are objectively justified on the","basis of public policy, public security or","public health, or by overriding reasons in","the public interest, such as preserving the","financial equilibrium of the social security","system, the protection of consumers,","recipients of services and workers, the","safeguarding of the proper administration","of justice, fairness of trade transactions,","combating fraud and prevention of tax","evasion and avoidance, road safety, the","protection of the environment and the","urban environment, the health of animals,","intellectual property, the safeguarding and","conservation of the national historic and","artistic heritage, social policy objectives","and cultural policy objectives."],"orig_lang":"en","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"155","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":" Mara Bizzotto, Jo\u00eblle M\u00e9lin, Dominique Martin","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-156","location":[[" Proposal for a directive","Article 5 \u2013 paragraph 2"]],"meps":[97198,124765,124751],"meta":{"created":"2019-07-03T06:18:41"},"new":["2. A national provision is always","justified, necessary and proportionate","when it concerns public policy, public","security or public health, or overriding","reasons in the public interest, such as","preserving the financial equilibrium of the","social security system, the protection of","research and of the development of arts","and crafts, the protection of consumers,","recipients of services and workers, the","safeguarding of the proper administration","of justice, fairness of trade transactions,","combating fraud and prevention of tax","evasion and avoidance, road","safety, intellectual property, the","safeguarding and conservation of the","national historic and artistic heritage, social","policy objectives and cultural policy","objectives."],"old":["2. The relevant competent authorities","shall consider in particular whether those","provisions are objectively justified on the","basis of public policy, public security or","public health, or by overriding reasons in","the public interest, such as preserving the","financial equilibrium of the social security","system, the protection of consumers,","recipients of services and workers, the","safeguarding of the proper administration","of justice, fairness of trade transactions,","combating fraud and prevention of tax","evasion and avoidance, road safety, the","protection of the environment and the","urban environment, the health of animals,","intellectual property, the safeguarding and","conservation of the national historic and","artistic heritage, social policy objectives","and cultural policy objectives."],"orig_lang":"it","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"156","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":"Amjad Bashir","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-157","location":[["Proposal for a directive","Article 5 \u2013 paragraph 2"]],"meps":[124956],"meta":{"created":"2019-07-03T06:18:41"},"new":["2. Member States shall consider in","particular whether those provisions are","objectively justified on the basis of public","policy, public security or public health, or","by overriding reasons in the public interest,","such as preserving the financial","equilibrium of the social security system,","the protection of consumers, recipients of","services and workers, the safeguarding of","the proper administration of justice,","fairness of trade transactions, combating","fraud and prevention of tax evasion and","avoidance, road safety, the protection of","the environment and the urban","environment, the health of animals,","intellectual property, the safeguarding and","conservation of the national historic and","artistic heritage, social policy objectives","and cultural policy objectives."],"old":["2. The relevant competent authorities","shall consider in particular whether those","provisions are objectively justified on the","basis of public policy, public security or","public health, or by overriding reasons in","the public interest, such as preserving the","financial equilibrium of the social security","system, the protection of consumers,","recipients of services and workers, the","safeguarding of the proper administration","of justice, fairness of trade transactions,","combating fraud and prevention of tax","evasion and avoidance, road safety, the","protection of the environment and the","urban environment, the health of animals,","intellectual property, the safeguarding and","conservation of the national historic and","artistic heritage, social policy objectives","","and cultural policy objectives."],"orig_lang":"en","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"157","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":" Thomas Mann","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-158","location":[[" Proposal for a directive","Article 5 \u2013 paragraph 3"]],"meps":[1922],"meta":{"created":"2019-07-03T06:18:41"},"new":["deleted"],"old":["3. Grounds of a purely economic","nature having essentially protectionist","aim or effects or purely administrative","reasons shall not constitute overriding","reasons in the public interest, justifying a","restriction on access to or pursuit of","regulated professions."],"orig_lang":"de","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"158","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":" Maria Arena","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-159","location":[[" Proposal for a directive","Article 5 \u2013 paragraph 3"]],"meps":[124936],"meta":{"created":"2019-07-03T06:18:41"},"new":["3. Grounds of a purely economic","nature having essentially protectionist aim","or effects or purely administrative reasons","shall not constitute overriding reasons in","the public interest, justifying a restriction","on access to or pursuit of regulated","professions. Control measures shall be","considered justified if they are needed in","order to ensure compliance with","provisions justified by public interest","objectives."],"old":["3. Grounds of a purely economic","nature having essentially protectionist aim","or effects or purely administrative reasons","shall not constitute overriding reasons in","the public interest, justifying a restriction","on access to or pursuit of regulated","professions."],"orig_lang":"en","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"159","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":"\u00c1d\u00e1m K\u00f3sa","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-160","location":[["Proposal for a directive","Article 5 \u2013 paragraph 3"]],"meps":[96829],"meta":{"created":"2019-07-03T06:18:41"},"new":["3. Grounds of a purely economic","nature having essentially or indirectly","protectionist aim or effects or purely","administrative reasons shall not constitute","overriding reasons in the public interest,","justifying a restriction on access to or","pursuit of regulated professions."],"old":["3. Grounds of a purely economic","nature having essentially protectionist aim","or effects or purely administrative reasons","shall not constitute overriding reasons in","the public interest, justifying a restriction","on access to or pursuit of regulated","professions."],"orig_lang":"hu","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"160","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":"Dominique Martin, Mara Bizzotto, Jo\u00eblle M\u00e9lin","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-161","location":[["Proposal for a directive","Article 5 \u2013 paragraph 3 \u2013 subparagraph 1 (new)"]],"meps":[124751,97198,124765],"meta":{"created":"2019-07-03T06:18:41"},"new":["Member States shall retain the right to set","the minimum level necessary in order to","ensure the quality and quantity of the","services provided on their territory.A","Member State may impose on any non-","citizen of the Union wishing to practise a","profession in that Member State specific","requirements justified by the public","interest, such as a geographical area of","practice for a certain period","or proficiency in the language of that","Member State."],"orig_lang":"fr","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"161","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":"Jutta Steinruck","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-162","location":[["Proposal for a directive","Article 5 \u2013 paragraph 3 a (new)"]],"meps":[96831],"meta":{"created":"2019-07-03T06:18:41"},"new":["3 a. Referring to public interests","Member States may take protective","measures if there is uncertainty about the","extent or existence of risks without those","risks becoming fully apparent."],"orig_lang":"en","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"162","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":" Jasenko Selimovic","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-163","location":[[" Proposal for a directive","Article 6 \u2013 paragraph 1"]],"meps":[134243],"meta":{"created":"2019-07-03T06:18:41"},"new":["1. Before introducing new, or","amending existing, legislative, regulatory","or administrative provisions restricting","access to or pursuit of service activities,","including the activities of regulated","professions, Member States shall assess","whether those provisions are necessary and","suitable for securing the attainment of the","objective pursued and do not go beyond","what is necessary to attain that objective","Where those provisions introduce","substantive changes to the regulation of a","services activity or the profession","concerned, Member States shall also","assess the proportionality of the existing","regulation."],"old":["1. Before introducing new legislative,","regulatory or administrative provisions","restricting access to or pursuit of regulated","professions, or amending existing ones,","Member States shall assess whether those","provisions are necessary and suitable for","securing the attainment of the objective","pursued and do not go beyond what is","necessary to attain that objective."],"orig_lang":"en","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"163","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":" Tom Vandenkendelaere, Jeroen Lenaers","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-164","location":[[" Proposal for a directive","Article 6 \u2013 paragraph 1"]],"meps":[129164,95074],"meta":{"created":"2019-07-03T06:18:41"},"new":["1. Before introducing new legislative,","regulatory or administrative provisions","restricting access to or pursuit of regulated","professions, or amending existing ones,","Member States shall assess whether those","provisions are necessary and suitable for","securing the attainment of the objective","pursued and do not go beyond what is","necessary to attain that objective. The","intensity of the assessment shall be","proportionate to the nature, content and","effects of the new or amended legislative,","regulatory or administrative provisions in","view of their pursued public interest","objectives."],"old":["1. 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Before introducing new legislative,","regulatory or administrative provisions","restricting access to or pursuit of regulated","professions, or amending existing ones,","Member States might assess whether those","provisions are necessary and suitable for","securing the attainment of the objective","pursued and do not go beyond what is","necessary to attain that objective."],"old":["1. Before introducing new legislative,","regulatory or administrative provisions","restricting access to or pursuit of regulated","professions, or amending existing ones,","Member States shall assess whether those","provisions are necessary and suitable for","securing the attainment of the objective","pursued and do not go beyond what is","necessary to attain that objective."],"orig_lang":"en","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"167","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":" Thomas Mann","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-168","location":[[" Proposal for a directive","Article 6 \u2013 paragraph 2 \u2013 introductory part"]],"meps":[1922],"meta":{"created":"2019-07-03T06:18:42"},"new":["2. deleted"],"old":["2. When assessing the necessity and","the proportionality of the provisions, the","relevant competent authorities shall","consider in particular:"],"orig_lang":"de","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"168","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":"Jasenko Selimovic","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-169","location":[["Proposal for a directive","Article 6 \u2013 paragraph 2 \u2013 introductory part"]],"meps":[134243],"meta":{"created":"2019-07-03T06:18:42"},"new":["2. When assessing the proportionality","of the provisions, the competent","authorities shall apply the criteria set out","in this paragraph in a considered manner,","and having regard to the particular","circumstances of the individual case and","the nature of the provision being assessed.","The relevant competent authorities shall","consider in particular:"],"old":["2. When assessing the necessity and","the proportionality of the provisions, the","relevant competent authorities shall","consider in particular:"],"orig_lang":"en","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"169","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":"Paloma L\u00f3pez Bermejo, Rina Ronja Kari, Neoklis Sylikiotis","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-170","location":[["Proposal for a directive","Article 6 \u2013 paragraph 2 \u2013 introductory part"]],"meps":[125047,122885,124689],"meta":{"created":"2019-07-03T06:18:42"},"new":["2. For the purposes of the assessment","in paragraph 1, Member States shall","consider in particular:"],"old":["2. When assessing the necessity and","the proportionality of the provisions, the","relevant competent authorities shall","consider in particular:"],"orig_lang":"en","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"170","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":"Maria Arena","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-171","location":[["Proposal for a directive","Article 6 \u2013 paragraph 2 \u2013 introductory part"]],"meps":[124936],"meta":{"created":"2019-07-03T06:18:42"},"new":["2. When assessing the proportionality","of the provisions, Member States shall","consider, where relevant:"],"old":["2. When assessing the necessity and","the proportionality of the provisions, the","","relevant competent authorities shall","consider in particular:"],"orig_lang":"en","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"171","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":" Jutta Steinruck","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-172","location":[[" Proposal for a directive","Article 6 \u2013 paragraph 2 \u2013 introductory part"]],"meps":[96831],"meta":{"created":"2019-07-03T06:18:42"},"new":["2. When assessing the necessity and","the proportionality of the provisions, the","relevant competent authorities might","consider in particular:"],"old":["2. When assessing the necessity and","the proportionality of the provisions, the","relevant competent authorities shall","consider in particular:"],"orig_lang":"en","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"172","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":" Amjad Bashir","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-173","location":[[" Proposal for a directive","Article 6 \u2013 paragraph 2 \u2013 introductory part"]],"meps":[124956],"meta":{"created":"2019-07-03T06:18:42"},"new":["2. When assessing the necessity and","the proportionality of the provisions,","Member States shall consider in particular:"],"old":["2. When assessing the necessity and","the proportionality of the provisions, the","relevant competent authorities shall","consider in particular:"],"orig_lang":"en","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"173","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":" Thomas Mann","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-174","location":[[" Proposal for a directive","Article 6 \u2013 paragraph 2 \u2013 point a"]],"meps":[1922],"meta":{"created":"2019-07-03T06:18:42"},"new":["deleted"],"old":["(a) the nature of the risks related to","the public interest objectives pursued, in","particular the risks to consumers, to","professionals or third parties;"],"orig_lang":"de","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"174","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":"Elena Gentile, Si\u00f4n Simon, Brando Benifei","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-175","location":[["Proposal for a directive","Article 6 \u2013 paragraph 2 \u2013 point a"]],"meps":[124847,124948,124867],"meta":{"created":"2019-07-03T06:18:42"},"new":["(a) the nature of the risks related to the","public interest objectives pursued, in","particular the risks to services recipients,","users, including patients, to professionals","or third parties, considering that, where","there is uncertainty as to existence or","extent of risk, a Member State shall be","able to take protective measures without","having to wait until the reality of those","risks becomes fully apparent;"],"old":["(a) the nature of the risks related to the","public interest objectives pursued, in","particular the risks to consumers, to","professionals or third parties;"],"orig_lang":"en","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"175","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":"Maria Arena","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-176","location":[["Proposal for a directive","Article 6 \u2013 paragraph 2 \u2013 point a"]],"meps":[124936],"meta":{"created":"2019-07-03T06:18:42"},"new":["(a) the nature of the risks related to the","public interest objectives pursued, in","particular the risks to service recipients,","including consumers, to professionals or","third parties, also where the risks may be","uncertain or not fully apparent, taking","into account the precautionary principle;"],"old":["(a) the nature of the risks related to the","public interest objectives pursued, in","particular the risks to consumers, to","professionals or third parties;"],"orig_lang":"en","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"176","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":" Jutta Steinruck","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-177","location":[[" Proposal for a directive","Article 6 \u2013 paragraph 2 \u2013 point a"]],"meps":[96831],"meta":{"created":"2019-07-03T06:18:42"},"new":["(a) the nature of the risks related to the","public interest objectives pursued, in","particular the risks to consumers, to","professionals or third parties; 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in a","similar way as in comparable activities;"],"orig_lang":"en","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"184","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":" Maria Arena","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-185","location":[["Proposal for a directive","Article 6 \u2013 paragraph 2 \u2013 point b"]],"meps":[124936],"meta":{"created":"2019-07-03T06:18:43"},"new":["(b) the suitability of the provision to","attain the objective pursued and whether it","genuinely reflects that objective in a","consistent and systematic manner;"],"old":["(b) the suitability of the provision","namely as regards its appropriateness to","attain the objective pursued and whether it","genuinely reflects that objective in a","consistent and systematic manner and","thus, addresses the risks identified in a","similar way as in comparable 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or consumer","protection law, are insufficient to protect","the objective pursued;"],"orig_lang":"en","peid":"PE609.674v01-00","reference":"2016/0404(COD)","seq":"188","src":"http://www.europarl.europa.eu/doceo/document/EMPL-AM-609674_EN.pdf"},{"authors":" Jutta Steinruck","changes":{},"committee":["EMPL"],"date":"2017-09-11T00:00:00","id":"PE609.674-189","location":[[" Proposal for a directive","Article 6 \u2013 paragraph 2 \u2013 point c"]],"meps":[96831],"meta":{"created":"2019-07-03T06:18:43"},"new":["(c) the necessity of the provision and in","particular whether existing rules of a","specific or more general nature are","insufficient to protect the objective","pursued;"],"old":["(c) the necessity of the provision and in","particular whether existing rules of a","specific or more general nature, such as","product safety legislation or consumer","protection law, are insufficient to protect","the objective 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The","Charter of Fundamental Rights of the","European Union guarantees the freedom to","choose an occupation and recognises the","freedom to conduct a business 'in","accordance with Community law and","national laws and practices'. The free","movement of workers, freedom of","establishment and freedom to provide","services are fundamental principles of the","internal market enshrined in the Treaty.","National rules organising access to","regulated professions should therefore not","constitute any unjustified and","disproportionate obstacle to the exercise of","those fundamental rights."],"old":["(1) The freedom to choose an","occupation is a fundamental right. The","Charter of Fundamental Rights of the","European Union guarantees the freedom to","choose an occupation, as well as the","freedom to conduct a business. The free","movement of workers, freedom of","establishment and freedom to provide","services are fundamental principles of the","internal market enshrined in the Treaty.","National rules organising access to","regulated professions should therefore not","constitute any unjustified and","disproportionate obstacle to the exercise of","those fundamental rights."],"orig_lang":"fr","peid":"PE608.058v01-00","reference":"2016/0404(COD)","seq":"5","src":"http://www.europarl.europa.eu/doceo/document/ENVI-AM-608058_EN.pdf"},{"authors":" Mireille D'Ornano, Jean-Fran\u00e7ois Jalkh, Sylvie Goddyn","changes":{},"committee":["ENVI"],"date":"2017-07-12T00:00:00","id":"PE608.058-6","location":[[" Proposal for a directive","Recital 2"]],"meps":[124750,124770,21331],"meta":{"created":"2019-07-03T06:25:29"},"new":["(2) In its communication of 10","January 2017 on reform","recommendations for regulation in","professional services1a, the Commission","noted that the regulation of professions is","a prerogative of the Member States aimed","at ensuring the protection of their public","interest objectives and that it is not","therefore desirable to impose directly or","indirectly any particular regulatory model","throughout the EU.","_________________","1a COM(2016)0820."],"old":["(2) In the absence of specific","provisions harmonising the requirements","on access to a regulated profession or its","pursuit laid down in Union law, it is the","Member States\u2019 prerogative to decide","whether and how to regulate a profession","within the limits of the principles of non-","discrimination and proportionality."],"orig_lang":"fr","peid":"PE608.058v01-00","reference":"2016/0404(COD)","seq":"6","src":"http://www.europarl.europa.eu/doceo/document/ENVI-AM-608058_EN.pdf"},{"authors":" Mireille D'Ornano, Jean-Fran\u00e7ois Jalkh, Sylvie Goddyn","changes":{},"committee":["ENVI"],"date":"2017-07-12T00:00:00","id":"PE608.058-7","location":[[" Proposal for a directive","Recital 2"]],"meps":[124750,124770,21331],"meta":{"created":"2019-07-03T06:25:29"},"new":["(2) Itis the Member States\u2019 prerogative","to decide whether and how to regulate a","profession within the limits of the","principles of non-discrimination and","proportionality."],"old":["(2) In the absence of specific","provisions harmonising the requirements","on access to a regulated profession or its","pursuit laid down in Union law, it is the","Member States\u2019 prerogative to decide","whether and how to regulate a profession","within the limits of the principles of non-","discrimination and proportionality."],"orig_lang":"fr","peid":"PE608.058v01-00","reference":"2016/0404(COD)","seq":"7","src":"http://www.europarl.europa.eu/doceo/document/ENVI-AM-608058_EN.pdf"},{"authors":"Mireille D'Ornano, Jean-Fran\u00e7ois Jalkh, Sylvie Goddyn","changes":{},"committee":["ENVI"],"date":"2017-07-12T00:00:00","id":"PE608.058-8","location":[["Proposal for a directive","Recital 2"]],"meps":[124750,124770,21331],"meta":{"created":"2019-07-03T06:25:29"},"new":["(2) In the absence of specific","provisions harmonising the requirements","on access to a regulated profession or its","pursuit laid down in Union law, it is the","Member States\u2019 prerogative to decide","whether and how to regulate a profession","within the limits of the principles of","subsidiarity and proportionality."],"old":["(2) In the absence of specific","provisions harmonising the requirements","on access to a regulated profession or its","pursuit laid down in Union law, it is the","Member States\u2019 prerogative to decide","whether and how to regulate a profession","within the limits of the principles of non-","discrimination and proportionality."],"orig_lang":"fr","peid":"PE608.058v01-00","reference":"2016/0404(COD)","seq":"8","src":"http://www.europarl.europa.eu/doceo/document/ENVI-AM-608058_EN.pdf"},{"authors":"Mireille D'Ornano, Jean-Fran\u00e7ois Jalkh, Sylvie Goddyn","changes":{},"committee":["ENVI"],"date":"2017-07-12T00:00:00","id":"PE608.058-9","location":[["Proposal for a directive","Recital 3"]],"meps":[124750,124770,21331],"meta":{"created":"2019-07-03T06:25:29"},"new":["(3) The principle of proportionality is","one of the general principles of Union law.","In accordance with Article 5 (4) of the","Treaty on European Union, it means that","the content and form of Union action","must not exceed what is necessary to","achieve the objectives of the Treaties."],"old":["(3) The principle of proportionality is","one of the general principles of Union law.","It follows from the case-law23that national","measures liable to hinder or make less","attractive the exercise of fundamental","freedoms guaranteed by the Treaty should","fulfil four conditions: they should be","applied in a non-discriminatory manner;","they should be justified by public interest","objectives; they should be suitable for","securing the attainment of the objective","which they pursue; and they should not","go beyond what is necessary in order to","attain it.","_________________","23Case C-55/94 Reinhard Gebhard v","Consiglio dell\u2019Ordine degli Avvocati e","Procuratori di Milano [1995] ECR I-","4165."],"orig_lang":"fr","peid":"PE608.058v01-00","reference":"2016/0404(COD)","seq":"9","src":"http://www.europarl.europa.eu/doceo/document/ENVI-AM-608058_EN.pdf"},{"authors":" Mireille D'Ornano, Jean-Fran\u00e7ois Jalkh, Sylvie Goddyn","changes":{},"committee":["ENVI"],"date":"2017-07-12T00:00:00","id":"PE608.058-10","location":[[" Proposal for a directive","Recital 3 a (new)"]],"meps":[124750,124770,21331],"meta":{"created":"2019-07-03T06:25:29"},"new":["(3 a) In accordance with Article 5 of the","Treaty on European Union, the","subsidiarity principle aims to protect the","Member States' capacity to decide and","take action and seeks to ensure that","powers are exercised at a level as close as","possible to the citizen."],"orig_lang":"fr","peid":"PE608.058v01-00","reference":"2016/0404(COD)","seq":"10","src":"http://www.europarl.europa.eu/doceo/document/ENVI-AM-608058_EN.pdf"},{"authors":" Mireille D'Ornano, Jean-Fran\u00e7ois Jalkh, Sylvie Goddyn","changes":{},"committee":["ENVI"],"date":"2017-07-12T00:00:00","id":"PE608.058-11","location":[[" Proposal for a directive","Recital 4"]],"meps":[124750,124770,21331],"meta":{"created":"2019-07-03T06:25:29"},"new":["(4) Directive 2005/36/EC of the","European Parliament and of the Council24","established the obligation for Member","States to assess the proportionality of their","requirements restricting access to or pursuit","of regulated professions and to","communicate to the Commission the","results of the assessment, launching the so-","called mutual evaluation process. That","process meant that Member States had to","carry out a screening of all their legislation","on all professions regulated in their","territory. That directive made specific","provision for regulated professions with","public health or public security","implications.","_________________","24","Directive 2005/36/EC of the European Directive 2005/36/EC of the European","Parliament and of the Council of 7","September 2005 on the recognition of","professional qualifications (OJ L 255,","30.9.2005, p.22)."],"old":["(4) Directive 2005/36/EC of the","European Parliament and of the","Council24established the obligation for","Member States to assess the proportionality","of their requirements restricting access to","or pursuit of regulated professions and to","communicate to the Commission the","results of the assessment, launching the so-","called mutual evaluation process. That","process meant that Member States had to","carry out a screening of all their legislation","on all professions regulated in their","territory.","_________________","24","","Parliament and of the Council of 7","September 2005 on the recognition of","professional qualifications (OJ L 255,","30.9.2005, p.22)."],"orig_lang":"fr","peid":"PE608.058v01-00","reference":"2016/0404(COD)","seq":"11","src":"http://www.europarl.europa.eu/doceo/document/ENVI-AM-608058_EN.pdf"},{"authors":"Stefan Eck","changes":{},"committee":["ENVI"],"date":"2017-07-12T00:00:00","id":"PE608.058-12","location":[["Proposal for a directive","Recital 5"]],"meps":[124863],"meta":{"created":"2019-07-03T06:25:29"},"new":["(5) The results of the mutual evaluation","process revealed a lack of clarity as regards","the criteria to be used by national","competent authorities when assessing the","proportionality of requirements restricting","access to or pursuit of regulated","professions, as well as uneven scrutiny of","such measures at all levels of regulation.","To avoid fragmentation of the internal","market and eliminate barriers to taking-up","and pursuit of certain employed or self-","employed activities, it is therefore","necessary to establish a common approach","at Union level, preventing disproportionate","measures from being adopted in an","objectively justified manner on the basis","of public security or public health, in the","public interest."],"old":["(5) The results of the mutual evaluation","process revealed a lack of clarity as regards","the criteria to be used by national","competent authorities when assessing the","proportionality of requirements restricting","access to or pursuit of regulated","professions, as well as uneven scrutiny of","such measures at all levels of regulation.","To avoid fragmentation of the internal","market and eliminate barriers to taking-up","and pursuit of certain employed or self-","employed activities, it is therefore","necessary to establish a common approach","at Union level, preventing disproportionate","measures from being adopted."],"orig_lang":"en","peid":"PE608.058v01-00","reference":"2016/0404(COD)","seq":"12","src":"http://www.europarl.europa.eu/doceo/document/ENVI-AM-608058_EN.pdf"},{"authors":"Mireille D'Ornano, Jean-Fran\u00e7ois Jalkh, Sylvie Goddyn","changes":{},"committee":["ENVI"],"date":"2017-07-12T00:00:00","id":"PE608.058-13","location":[["Proposal for a directive","Recital 5"]],"meps":[124750,124770,21331],"meta":{"created":"2019-07-03T06:25:29"},"new":["(5) The results of the mutual evaluation","process revealed a lack of clarity as regards","the criteria to be used by national","competent authorities when assessing the","proportionality of requirements restricting","access to or pursuit of regulated","professions, as well as uneven scrutiny of","such measures at all levels of regulation.","To avoid fragmentation of the internal","market, it is therefore necessary to","establish a common approach at Union","level, preventing measures that are","disproportionate or likely to harm the","public interest from being adopted."],"old":["(5) The results of the mutual evaluation","process revealed a lack of clarity as regards","the criteria to be used by national","competent authorities when assessing the","proportionality of requirements restricting","access to or pursuit of regulated","professions, as well as uneven scrutiny of","such measures at all levels of regulation.","To avoid fragmentation of the internal","market and eliminate barriers to taking-up","and pursuit of certain employed or self-","employed activities, it is therefore","necessary to establish a common approach","at Union level, preventing disproportionate","measures from being adopted."],"orig_lang":"fr","peid":"PE608.058v01-00","reference":"2016/0404(COD)","seq":"13","src":"http://www.europarl.europa.eu/doceo/document/ENVI-AM-608058_EN.pdf"},{"authors":" Mireille D'Ornano, Jean-Fran\u00e7ois Jalkh, Sylvie Goddyn","changes":{},"committee":["ENVI"],"date":"2017-07-12T00:00:00","id":"PE608.058-14","location":[[" Proposal for a directive","Recital 5"]],"meps":[124750,124770,21331],"meta":{"created":"2019-07-03T06:25:29"},"new":["(5) The results of the mutual evaluation","process revealed a lack of clarity as regards","the criteria to be used by national","competent authorities when assessing the","proportionality of requirements restricting","access to or pursuit of regulated","professions, as well as uneven scrutiny of","such measures at all levels of regulation.","To ensure that the internal market","operates more fairly, and to eliminate","barriers to taking-up and pursuit of certain","employed or self-employed activities, it is","therefore necessary to establish a common","approach at Union level, preventing","disproportionate measures from being","adopted."],"old":["(5) The results of the mutual evaluation","process revealed a lack of clarity as regards","the criteria to be used by national","competent authorities when assessing the","proportionality of requirements restricting","access to or pursuit of regulated","professions, as well as uneven scrutiny of","such measures at all levels of regulation.","To avoid fragmentation of the internal","market and eliminate barriers to taking-up","and pursuit of certain employed or self-","employed activities, it is therefore","necessary to establish a common approach","at Union level, preventing disproportionate","measures from being adopted."],"orig_lang":"fr","peid":"PE608.058v01-00","reference":"2016/0404(COD)","seq":"14","src":"http://www.europarl.europa.eu/doceo/document/ENVI-AM-608058_EN.pdf"},{"authors":" Mireille D'Ornano, Jean-Fran\u00e7ois Jalkh, Sylvie Goddyn","changes":{},"committee":["ENVI"],"date":"2017-07-12T00:00:00","id":"PE608.058-15","location":[[" Proposal for a directive","Recital 5"]],"meps":[124750,124770,21331],"meta":{"created":"2019-07-03T06:25:29"},"new":["(5) The results of the mutual evaluation","process revealed a lack of clarity as regards","the criteria to be used by national","competent authorities when assessing the","proportionality of requirements restricting","access to or pursuit of regulated","professions, as well as uneven scrutiny of","such measures at all levels of regulation.","To avoid fragmentation of the internal","market and adjust barriers to taking-up and","pursuit of certain employed or self-","employed activities, it is therefore","necessary to establish a common approach","at Union level, preventing disproportionate","measures from being adopted."],"old":["(5) The results of the mutual evaluation","process revealed a lack of clarity as regards","the criteria to be used by national","competent authorities when assessing the","proportionality of requirements restricting","access to or pursuit of regulated","professions, as well as uneven scrutiny of","such measures at all levels of regulation.","To avoid fragmentation of the internal","market and eliminate barriers to taking-up","and pursuit of certain employed or self-","employed activities, it is therefore","necessary to establish a common approach","at Union level, preventing disproportionate","measures from being adopted."],"orig_lang":"fr","peid":"PE608.058v01-00","reference":"2016/0404(COD)","seq":"15","src":"http://www.europarl.europa.eu/doceo/document/ENVI-AM-608058_EN.pdf"},{"authors":"Elena Gentile","changes":{},"committee":["ENVI"],"date":"2017-07-12T00:00:00","id":"PE608.058-16","location":[["Proposal for a directive","Recital 7"]],"meps":[124847],"meta":{"created":"2019-07-03T06:25:30"},"new":["(7) The activities covered by this","Directive should concern the regulated","professions falling within the scope of","Directive 2005/36/EC. This Directive","should apply in addition to Directive","2005/36/EC. In line with the purposes of","this Directive, the term \"regulated","profession\" should refer to all existing","regulated professions as defined in","Directive 2005/36/EC and professions that","Member States will regulate in the future","so that they will fall under the definition","of \"regulated professions\" of Directive","2005/36/EC. This Directive should be","without prejudice to other provisions laid","down in a separate Union act concerning","access to, and the exercise of a given","regulated profession."],"old":["(7) The activities covered by this","Directive should concern the regulated","professions falling within the scope of","Directive 2005/36/EC. This Directive","should apply in addition to Directive","2005/36/EC and without prejudice to other","provisions laid down in a separate Union","act concerning access to, and the exercise","of a given regulated profession."],"orig_lang":"en","peid":"PE608.058v01-00","reference":"2016/0404(COD)","seq":"16","src":"http://www.europarl.europa.eu/doceo/document/ENVI-AM-608058_EN.pdf"},{"authors":" Christel Schaldemose, Karin Kadenbach","changes":{},"committee":["ENVI"],"date":"2017-07-12T00:00:00","id":"PE608.058-17","location":[[" Proposal for a directive","Recital 7"]],"meps":[37312,97014],"meta":{"created":"2019-07-03T06:25:30"},"new":["(7) The activities covered by this","Directive should concern the regulated","professions falling within the scope of","Directive 2005/36/EC, without prejudice","to recital 7a. This Directive should apply","in addition to Directive 2005/36/EC and","without prejudice to other provisions laid","down in a separate Union act concerning","access to, and the exercise of a given","regulated profession."],"old":["(7) The activities covered by this","Directive should concern the regulated","professions falling within the scope of","Directive 2005/36/EC. This Directive","should apply in addition to Directive","2005/36/EC and without prejudice to other","provisions laid down in a separate Union","act concerning access to, and the exercise","of a given regulated profession."],"orig_lang":"en","peid":"PE608.058v01-00","reference":"2016/0404(COD)","seq":"17","src":"http://www.europarl.europa.eu/doceo/document/ENVI-AM-608058_EN.pdf"},{"authors":" Christel Schaldemose, Karin Kadenbach","changes":{},"committee":["ENVI"],"date":"2017-07-12T00:00:00","id":"PE608.058-18","location":[[" Proposal for a directive","Recital 7 a (new)"]],"meps":[37312,97014],"meta":{"created":"2019-07-03T06:25:30"},"new":["(7 a) The right to determine the level of","protection that Member States wish to","provide to public health as well as the","means and methods to reach that level lies","solely with the Member States.This has","been recognised by the Court of Justice as","well as the Union","legislators.Furthermore, they have also","held that health and life of humans come","before any other interest protected by the","TFEU.Hence, health professions should","be excluded from the scope of this","Directive.That exclusion should cover","professions embracing activities related to","the provision of healthcare","services.Furthermore, that exclusion","would also cover pharmaceutical services","and the prescription, dispensation and","provision of medicinal products and","medical devices to patients to assess,","maintain or restore their state of health."],"orig_lang":"en","peid":"PE608.058v01-00","reference":"2016/0404(COD)","seq":"18","src":"http://www.europarl.europa.eu/doceo/document/ENVI-AM-608058_EN.pdf"},{"authors":"Ulrike M\u00fcller","changes":{},"committee":["ENVI"],"date":"2017-07-12T00:00:00","id":"PE608.058-19","location":[["Proposal for a directive","Recital 7 a (new)"]],"meps":[124862],"meta":{"created":"2019-07-03T06:25:30"},"new":["(7 a) This Directive establishes rules","which should be applied before","introducing new, or amending existing,","legislative, regulatory or administrative","provisions restricting access to or pursuit","of regulated professions.Provisions which","would not restrict access to or pursuit of","regulated professions, for instance","editorial amendments, or technical","adaptions to content of training courses","or modernisation of training regulations,","should not fall within the scope of this","Directive."],"orig_lang":"en","peid":"PE608.058v01-00","reference":"2016/0404(COD)","seq":"19","src":"http://www.europarl.europa.eu/doceo/document/ENVI-AM-608058_EN.pdf"},{"authors":"Norbert Lins","changes":{},"committee":["ENVI"],"date":"2017-07-12T00:00:00","id":"PE608.058-20","justification":" In order to respect the principle of subsidiarity, to avoid additional bureaucracy and to be\n \u201cproportional\u201d the proportionality assessments have to focus on only essential modifications.","location":[["Proposal for a directive","Recital 7 a (new)"]],"meps":[124808],"meta":{"created":"2019-07-03T06:25:30"},"new":["(7 a) This Directive establishes rules","which should only be applied when","essential elements of new or amending","legislative, regulatory or administrative","provisions restricting access to or pursuit","of regulated professions are introduced."],"orig_lang":"en","peid":"PE608.058v01-00","reference":"2016/0404(COD)","seq":"20","src":"http://www.europarl.europa.eu/doceo/document/ENVI-AM-608058_EN.pdf"},{"authors":" Mireille D'Ornano, Jean-Fran\u00e7ois Jalkh, Sylvie Goddyn","changes":{},"committee":["ENVI"],"date":"2017-07-12T00:00:00","id":"PE608.058-21","location":[[" Proposal for a directive","Recital 8"]],"meps":[124750,124770,21331],"meta":{"created":"2019-07-03T06:25:30"},"new":["(8) Member States should be able to","rely on common legal concepts concerning","the different ways to regulate a profession","across the Union. There are several ways to","regulate a profession, for instance by","reserving access to or the pursuit of a","particular activity to holders of a","professional qualification. National","provisions may also regulate one of the","modes of pursuit of a profession in laying","down conditions for the use of professional","titles."],"old":["(8) Member States should be able to","rely on a common regulatory framework","based on clearly defined legal concepts","concerning the different ways to regulate a","profession across the Union. There are","several ways to regulate a profession, for","instance by reserving access to or the","pursuit of a particular activity to holders of","a professional qualification. National","provisions may also regulate one of the","modes of pursuit of a profession in laying","down conditions for the use of professional","titles."],"orig_lang":"fr","peid":"PE608.058v01-00","reference":"2016/0404(COD)","seq":"21","src":"http://www.europarl.europa.eu/doceo/document/ENVI-AM-608058_EN.pdf"},{"authors":" Bas Eickhout, Elena Gentile","changes":{},"committee":["ENVI"],"date":"2017-07-12T00:00:00","id":"PE608.058-22","location":[[" Proposal for a directive","Recital 9"]],"meps":[96725,124847],"meta":{"created":"2019-07-03T06:25:30"},"new":["(9) The burden of proof of justification","and proportionality lies on the Member","States. The reasons for regulation invoked","by a Member State by way of justification","should thus be accompanied by an analysis","of the appropriateness and proportionality","of the measure adopted by that State and","by specific evidence substantiating its","arguments. This should not prevent","Member States from taking immediate","measures in the field of health care which","they consider necessary to protect public","health."],"old":["(9) The burden of proof of justification","and proportionality lies on the Member","States. The reasons for regulation invoked","by a Member State by way of justification","should thus be accompanied by an analysis","of the appropriateness and proportionality","of the measure adopted by that State and","by specific evidence substantiating its","arguments.",""],"orig_lang":"en","peid":"PE608.058v01-00","reference":"2016/0404(COD)","seq":"22","src":"http://www.europarl.europa.eu/doceo/document/ENVI-AM-608058_EN.pdf"},{"authors":"Mireille D'Ornano, Jean-Fran\u00e7ois Jalkh, Sylvie Goddyn","changes":{},"committee":["ENVI"],"date":"2017-07-12T00:00:00","id":"PE608.058-23","location":[["Proposal for a directive","Recital 9"]],"meps":[124750,124770,21331],"meta":{"created":"2019-07-03T06:25:30"},"new":["(9) Where necessary, it should be for","the Commission to prove the","disproportionate nature of Member State","requirements. In support of its contention","it should provide an analysis of the","disproportionate nature of the measure","adopted by that State and by specific","evidence substantiating its arguments."],"old":["(9) The burden of proof of","justification and proportionality lies on","the Member States. The reasons for","regulation invoked by a Member State by","way of justification should thus be","accompanied by an analysis of the","appropriateness and proportionality of the","measure adopted by that State and by","specific evidence substantiating its","arguments."],"orig_lang":"fr","peid":"PE608.058v01-00","reference":"2016/0404(COD)","seq":"23","src":"http://www.europarl.europa.eu/doceo/document/ENVI-AM-608058_EN.pdf"},{"authors":"Mireille D'Ornano, Jean-Fran\u00e7ois Jalkh, Sylvie Goddyn","changes":{},"committee":["ENVI"],"date":"2017-07-12T00:00:00","id":"PE608.058-24","location":[["Proposal for a directive","Recital 10"]],"meps":[124750,124770,21331],"meta":{"created":"2019-07-03T06:25:30"},"new":["(10) The Member States should review","on a regular basis whether their","provisions restricting or broadening access","to or pursuit of regulated professions are","proportionate and in the public interest,","based not only on the objective of the","legislation at the time of its adoption, but","also on the effects of the legislation, and","on developments found to have occurred in","the area since the legislation was adopted."],"old":["(10) It is appropriate to monitor the","proportionality of the provisions","restricting access to or pursuit of regulated","professions on a regular basis and with a","frequency appropriate to the regulation","concerned. A review of the proportionality","of restrictive national legislation in the","area of regulated professions should be","based not only on the objective of that","legislation at the time of its adoption, but","also on the effects of the legislation,","assessed after its adoption. The","assessment of the proportionality of the","national legislation should be based on","developments found to have occurred in","the area since the legislation was adopted."],"orig_lang":"fr","peid":"PE608.058v01-00","reference":"2016/0404(COD)","seq":"24","src":"http://www.europarl.europa.eu/doceo/document/ENVI-AM-608058_EN.pdf"},{"authors":" Mireille D'Ornano, Jean-Fran\u00e7ois Jalkh, Sylvie Goddyn","changes":{},"committee":["ENVI"],"date":"2017-07-12T00:00:00","id":"PE608.058-25","location":[[" Proposal for a directive","Recital 10"]],"meps":[124750,124770,21331],"meta":{"created":"2019-07-03T06:25:30"},"new":["(10) It is appropriate to monitor the","proportionality of the provisions restricting","access to or pursuit of regulated","professions on a regular basis and with a","frequency appropriate to the regulation","concerned. A review of whether restrictive","national legislation in the area of regulated","professions is proportionate and in the","public interest should be based not only on","the objective of that legislation at the time","of its adoption, but also on the effects of","the legislation, assessed after its adoption.","The assessment of whether the national","legislation is proportionate and in the","public interest should be based on","developments found to have occurred in","the area since the legislation was adopted."],"old":["(10) It is appropriate to monitor the","proportionality of the provisions restricting","access to or pursuit of regulated","professions on a regular basis and with a","frequency appropriate to the regulation","concerned. A review ofthe proportionality","ofrestrictive national legislation in the area","of regulated professions should be based","not only on the objective of that legislation","at the time of its adoption, but also on the","effects of the legislation, assessed after its","adoption. The assessment ofthe","proportionality of the national","legislationshould be based on","developments found to have occurred in","the area since the legislation was adopted."],"orig_lang":"fr","peid":"PE608.058v01-00","reference":"2016/0404(COD)","seq":"25","src":"http://www.europarl.europa.eu/doceo/document/ENVI-AM-608058_EN.pdf"},{"authors":" Mireille D'Ornano, Jean-Fran\u00e7ois Jalkh, Sylvie Goddyn","changes":{},"committee":["ENVI"],"date":"2017-07-12T00:00:00","id":"PE608.058-26","location":[[" Proposal for a directive","Recital 10"]],"meps":[124750,124770,21331],"meta":{"created":"2019-07-03T06:25:30"},"new":["(10) It is appropriate to monitor the","proportionality of the provisions restricting","or broadening access to or pursuit of","regulated professions on a regular basis","and with a frequency appropriate to the","regulation concerned. A review of the","proportionality of restrictive national","legislation in the area of regulated","professions should be based not only on the","objective of that legislation at the time of","its adoption, but also on the effects of the","legislation, assessed after its adoption. The","assessment of the proportionality of the","national legislation should be based on","developments found to have occurred in","the area since the legislation was adopted."],"old":["(10) It is appropriate to monitor the","proportionality of the provisions restricting","access to or pursuit of regulated","professions on a regular basis and with a","frequency appropriate to the regulation","concerned. A review of the proportionality","of restrictive national legislation in the area","of regulated professions should be based","not only on the objective of that legislation","at the time of its adoption, but also on the","effects of the legislation, assessed after its","adoption. The assessment of the","proportionality of the national legislation","should be based on developments found to","have occurred in the area since the","legislation was adopted."],"orig_lang":"fr","peid":"PE608.058v01-00","reference":"2016/0404(COD)","seq":"26","src":"http://www.europarl.europa.eu/doceo/document/ENVI-AM-608058_EN.pdf"},{"authors":"Mireille D'Ornano, Jean-Fran\u00e7ois Jalkh, Sylvie Goddyn","changes":{},"committee":["ENVI"],"date":"2017-07-12T00:00:00","id":"PE608.058-27","location":[["Proposal for a directive","Recital 11"]],"meps":[124750,124770,21331],"meta":{"created":"2019-07-03T06:25:30"},"new":["(11) Member States should carry out","proportionality assessments in an objective","and independent manner, including where","a profession is regulated indirectly, by","giving a particular professional body, or an","exisiting institution with a proven ability","to work in the public interest, the power to","do so. For example, local authorities,","regulatory bodies or professional","organisations are often the best placed,","owing to their greater proximity to local","conditions and specialised knowledge, to","identify the best way of meeting the public","interest objectives."],"old":["(11) Member States should carry out","proportionality assessments in an objective","and independent manner, including where","a profession is regulated indirectly, by","giving a particular professional body the","power to do so. In particular, while the","assessment of the local authorities,","regulatory bodies or professional","organisations, whose greater proximity to","local conditions and specialised knowledge","could in certain cases make them better","placed to identify the best way of meeting","the public interest objectives, there is","particular reason for concern in cases","where the policy choice made by those","authorities or bodies provides benefits to","established operators at the expense of","new market entrants."],"orig_lang":"fr","peid":"PE608.058v01-00","reference":"2016/0404(COD)","seq":"27","src":"http://www.europarl.europa.eu/doceo/document/ENVI-AM-608058_EN.pdf"},{"authors":"Mireille D'Ornano, Jean-Fran\u00e7ois Jalkh, Sylvie Goddyn","changes":{},"committee":["ENVI"],"date":"2017-07-12T00:00:00","id":"PE608.058-28","location":[[" Proposal for a directive","Recital 11"]],"meps":[124750,124770,21331],"meta":{"created":"2019-07-03T06:25:30"},"new":["(11) Member States should carry","out proportionality and public interest","assessments in an objective and","independent manner, including where a","profession is regulated indirectly, by giving","a particular professional body the power to","do so. In particular, while the assessment","of the local authorities, regulatory bodies","or professional organisations, whose","greater proximity to local conditions and","specialised knowledge could in certain","cases make them better placed to identify","the best way of meeting the public interest","objectives, there is particular reason for","concern in cases where the policy choice","made by those authorities or bodies","provides benefits to established operators","at the expense of new market entrants."],"old":["(11) Member States should carry out","proportionality assessments in an objective","and independent manner, including where","a profession is regulated indirectly, by","giving a particular professional body the","power to do so. In particular, while the","assessment of the local authorities,","regulatory bodies or professional","organisations, whose greater proximity to","local conditions and specialised knowledge","could in certain cases make them better","placed to identify the best way of meeting","the public interest objectives, there is","particular reason for concern in cases","where the policy choice made by those","authorities or bodies provides benefits to","established operators at the expense of new","market entrants."],"orig_lang":"fr","peid":"PE608.058v01-00","reference":"2016/0404(COD)","seq":"28","src":"http://www.europarl.europa.eu/doceo/document/ENVI-AM-608058_EN.pdf"},{"authors":" Mireille D'Ornano, Jean-Fran\u00e7ois Jalkh, Sylvie Goddyn","changes":{},"committee":["ENVI"],"date":"2017-07-12T00:00:00","id":"PE608.058-29","location":[[" Proposal for a directive","Recital 12"]],"meps":[124750,124770,21331],"meta":{"created":"2019-07-03T06:25:30"},"new":["(12) Where the taking-up and pursuit of","certain employed or self-employed","activities are conditional on complying","with certain provisions relating to specific","professional qualifications, laid down","directly or indirectly by the Member States,","it is necessary to ensure that such","provisions are justified by public interest","objectives, such as those within the","meaning of the Treaty, namely public","policy, public security and public health or","by overriding reasons of general interest,","recognised as such in the case-law of the","Court of Justice. It is important to ensure","that public interest objectives are","adequately identified in order to determine","the intensity of the regulation. For","example, in order to ensure a high level of","protection of public health, Member States","should enjoy a margin of discretion to","decide on the degree of protection which","they wish to afford to public health and on","the way in which that protection is to be","achieved. It is also necessary to clarify that","among the overriding reasons of general","interest, recognised by the Court of Justice,","are preserving the financial equilibrium of","the social security system; the protection of","consumers, recipients of services and","workers; the safeguarding of the proper","administration of justice; fairness of trade","transactions; combating fraud and","prevention of tax evasion and avoidance;","road safety; the protection of the","environment and the urban environment;","the health of animals; intellectual property;","the safeguarding and conservation of the","national historic and artistic heritage, social","policy objectives and cultural policy","objectives."],"old":["(12) Where the taking-up and pursuit of","certain employed or self-employed","activities are conditional on complying","with certain provisions relating to specific","professional qualifications, laid down","directly or indirectly by the Member States,","it is necessary to ensure that such","provisions are justified by public interest","objectives, such as those within the","meaning of the Treaty, namely public","policy, public security and public health or","by overriding reasons of general interest,","recognised as such in the case-law of the","Court of Justice. It is important to ensure","that public interest objectives are","adequately identified in order to determine","the intensity of the regulation. For","example, in order to ensure a high level of","protection of public health, Member States","should enjoy a margin of discretion to","decide on the degree of protection which","they wish to afford to public health and on","the way in which that protection is to be","achieved. It is also necessary to clarify that","among the overriding reasons of general","interest, recognised by the Court of Justice,","are preserving the financial equilibrium of","the social security system; the protection of","consumers, recipients of services and","workers; the safeguarding of the proper","administration of justice; fairness of trade","transactions; combating fraud and","prevention of tax evasion and avoidance;","road safety; the protection of the","environment and the urban environment;","the health of animals; intellectual property;","the safeguarding and conservation of the","national historic and artistic heritage, social","policy objectives and cultural policy","objectives. According to settled case-law,","purely economic reasons, having","essentially protectionist aims, as well as","purely administrative reasons, such as","carrying out controls or gathering","statistics cannot constitute an overriding","reason of general interest."],"orig_lang":"fr","peid":"PE608.058v01-00","reference":"2016/0404(COD)","seq":"29","src":"http://www.europarl.europa.eu/doceo/document/ENVI-AM-608058_EN.pdf"},{"authors":"Ulrike M\u00fcller","changes":{},"committee":["ENVI"],"date":"2017-07-12T00:00:00","id":"PE608.058-30","location":[["Proposal for a directive","Recital 12"]],"meps":[124862],"meta":{"created":"2019-07-03T06:25:30"},"new":["(12) Where the taking-up and pursuit of","certain employed or self-employed","activities are conditional on complying","with certain provisions relating to specific","professional qualifications, laid down","directly or indirectly by the Member States,","it is necessary to ensure that such","provisions are justified by public interest","objectives, such as those within the","meaning of the Treaty, namely public","policy, public security and public health or","by overriding reasons of general interest,","recognised as such in the case-law of the","Court of Justice. Where these objectives","apply, regulation of professions should be","considered as a necessary safeguard of","the public interest rather than an obstacle","to competition and free movement. It is","important to ensure that public interest","objectives are adequately identified in","order to determine the intensity of the","regulation. For example, in order to ensure","a high level of protection of public health,","Member States should enjoy a margin of","discretion to decide on the degree of","protection which they wish to afford to","public health and on the way in which that","protection is to be achieved. It is also","necessary to clarify that among the","overriding reasons of general interest,","recognised by the Court of Justice, are","preserving the financial equilibrium of the","social security system; the protection of","consumers, recipients of services,","including patients, and workers; the","safeguarding of the proper administration","of justice; fairness of trade transactions;","combating fraud and prevention of tax","evasion and avoidance; road safety; the","protection of the environment and the","urban environment; the health of animals;","intellectual property; the safeguarding and","conservation of the national historic and","artistic heritage, social policy objectives","and cultural policy objectives. According","to settled case-law, purely economic","reasons, having essentially protectionist","aims, as well as purely administrative","reasons, such as carrying out controls or","gathering statistics cannot constitute an","overriding reason of general interest."],"old":["(12) Where the taking-up and pursuit of","certain employed or self-employed","activities are conditional on complying","with certain provisions relating to specific","professional qualifications, laid down","directly or indirectly by the Member States,","it is necessary to ensure that such","provisions are justified by public interest","objectives, such as those within the","meaning of the Treaty, namely public","policy, public security and public health or","by overriding reasons of general interest,","recognised as such in the case-law of the","Court of Justice. It is important to ensure","that public interest objectives are","adequately identified in order to determine","the intensity of the regulation. For","example, in order to ensure a high level of","protection of public health, Member States","should enjoy a margin of discretion to","decide on the degree of protection which","they wish to afford to public health and on","the way in which that protection is to be","achieved. It is also necessary to clarify that","among the overriding reasons of general","interest, recognised by the Court of Justice,","are preserving the financial equilibrium of","the social security system; the protection of","consumers, recipients of services and","workers; the safeguarding of the proper","administration of justice; fairness of trade","transactions; combating fraud and","prevention of tax evasion and avoidance;","road safety; the protection of the","environment and the urban environment;","the health of animals; intellectual property;","the safeguarding and conservation of the","national historic and artistic heritage, social","policy objectives and cultural policy","objectives. According to settled case-law,","purely economic reasons, having","essentially protectionist aims, as well as","purely administrative reasons, such as","carrying out controls or gathering statistics","cannot constitute an overriding reason of","general interest."],"orig_lang":"en","peid":"PE608.058v01-00","reference":"2016/0404(COD)","seq":"30","src":"http://www.europarl.europa.eu/doceo/document/ENVI-AM-608058_EN.pdf"},{"authors":" Mireille D'Ornano, Jean-Fran\u00e7ois Jalkh, Sylvie Goddyn","changes":{},"committee":["ENVI"],"date":"2017-07-12T00:00:00","id":"PE608.058-31","location":[["Proposal for a directive","Recital 12"]],"meps":[124750,124770,21331],"meta":{"created":"2019-07-03T06:25:30"},"new":["(12) Where the taking-up and pursuit of","certain employed or self-employed","activities are conditional on complying","with certain provisions relating to specific","professional qualifications, laid down","directly or indirectly by the Member States,","it is necessary to ensure that such","provisions are justified by public interest","objectives, such as those within the","meaning of Article 45 of the Treaty on the","Functioning of the European Union,","namely public policy, public security and","public health or by overriding reasons of","general interest, recognised as such in the","case-law of the Court of Justice. It is","important to ensure that public interest","objectives are adequately identified in","order to determine the intensity of the","regulation. For example, in order to ensure","a high level of protection of public health,","Member States should enjoy a margin of","discretion to decide on the degree of","protection which they wish to afford to","public health and on the way in which that","protection is to be achieved. It is also","necessary to clarify that among the","overriding reasons of general interest,","recognised by the Court of Justice, are","preserving the financial equilibrium of the","social security system; the protection of","consumers, recipients of services and","workers; the safeguarding of the proper","administration of justice; fairness of trade","transactions; combating fraud and","prevention of tax evasion and avoidance;","road safety; the protection of the","environment and the urban environment;","the health of animals; intellectual property;","the safeguarding and conservation of the","national historic and artistic heritage, social","policy objectives and cultural policy","objectives. According to settled case-law,","purely economic reasons, having","essentially protectionist aims, as well as","purely administrative reasons, such as","carrying out controls or gathering statistics","cannot constitute an overriding reason of","general interest."],"old":["(12) Where the taking-up and pursuit of","certain employed or self-employed","activities are conditional on complying","with certain provisions relating to specific","professional qualifications, laid down","directly or indirectly by the Member States,","it is necessary to ensure that such","provisions are justified by public interest","objectives, such as those within the","meaning of the Treaty, namely public","policy, public security and public health or","by overriding reasons of general interest,","recognised as such in the case-law of the","Court of Justice. It is important to ensure","that public interest objectives are","adequately identified in order to determine","the intensity of the regulation. For","example, in order to ensure a high level of","protection of public health, Member States","should enjoy a margin of discretion to","decide on the degree of protection which","they wish to afford to public health and on","the way in which that protection is to be","achieved. It is also necessary to clarify that","among the overriding reasons of general","interest, recognised by the Court of Justice,","are preserving the financial equilibrium of","the social security system; the protection of","consumers, recipients of services and","workers; the safeguarding of the proper","administration of justice; fairness of trade","transactions; combating fraud and","prevention of tax evasion and avoidance;","road safety; the protection of the","environment and the urban environment;","the health of animals; intellectual property;","the safeguarding and conservation of the","national historic and artistic heritage, social","policy objectives and cultural policy","objectives. According to settled case-law,","purely economic reasons, having","essentially protectionist aims, as well as","purely administrative reasons, such as","carrying out controls or gathering statistics","cannot constitute an overriding reason of","general interest."],"orig_lang":"fr","peid":"PE608.058v01-00","reference":"2016/0404(COD)","seq":"31","src":"http://www.europarl.europa.eu/doceo/document/ENVI-AM-608058_EN.pdf"},{"authors":" Mireille D'Ornano, Jean-Fran\u00e7ois Jalkh, Sylvie Goddyn","changes":{},"committee":["ENVI"],"date":"2017-07-12T00:00:00","id":"PE608.058-32","location":[[" Proposal for a directive","Recital 12"]],"meps":[124750,124770,21331],"meta":{"created":"2019-07-03T06:25:31"},"new":["(12) Where the taking-up and pursuit of","certain employed or self-employed","activities are conditional on complying","with certain provisions relating to specific","professional qualifications, laid down","directly or indirectly by the Member States,","it is necessary to ensure that such","provisions are justified by public interest","objectives, such as those within the","meaning of the Treaty, namely public","policy, public security and public health or","by overriding reasons of general interest,","recognised as such in the case-law of the","Court of Justice. It is important to ensure","that public interest objectives are","adequately identified in order to determine","the intensity of the regulation. For","example, in order to ensure a high level of","protection of public order, public security","and public health, Member States should","enjoy a margin of discretion to decide on","the degree of protection which they wish to","afford in these areas and on the way in","which that protection is to be achieved. It is","also necessary to clarify that among the","overriding reasons of general interest,","recognised by the Court of Justice, are","preserving the financial equilibrium of the","social security system; the protection of","consumers, recipients of services and","workers; the safeguarding of the proper","administration of justice; fairness of trade","transactions; combating fraud and","prevention of tax evasion and avoidance;","road safety; the protection of the","environment and the urban environment;","the health of animals; intellectual property;","the safeguarding and conservation of the","national historic and artistic heritage, social","policy objectives and cultural policy","objectives. According to settled case-law,","purely economic reasons, having","essentially protectionist aims, as well as","purely administrative reasons, such as","carrying out controls or gathering statistics","cannot constitute an overriding reason of","general interest."],"old":["(12) Where the taking-up and pursuit of","certain employed or self-employed","activities are conditional on complying","with certain provisions relating to specific","professional qualifications, laid down","directly or indirectly by the Member States,","it is necessary to ensure that such","provisions are justified by public interest","objectives, such as those within the","meaning of the Treaty, namely public","policy, public security and public health or","by overriding reasons of general interest,","recognised as such in the case-law of the","Court of Justice. It is important to ensure","that public interest objectives are","adequately identified in order to determine","the intensity of the regulation. For","example, in order to ensure a high level of","protection of public health, Member States","should enjoy a margin of discretion to","decide on the degree of protection which","they wish to afford to public health and on","the way in which that protection is to be","achieved. It is also necessary to clarify that","among the overriding reasons of general","interest, recognised by the Court of Justice,","are preserving the financial equilibrium of","the social security system; the protection of","consumers, recipients of services and","workers; the safeguarding of the proper","administration of justice; fairness of trade","transactions; combating fraud and","prevention of tax evasion and avoidance;","road safety; the protection of the","environment and the urban environment;","the health of animals; intellectual property;","the safeguarding and conservation of the","national historic and artistic heritage, social","policy objectives and cultural policy","objectives. According to settled case-law,","purely economic reasons, having","essentially protectionist aims, as well as","purely administrative reasons, such as","carrying out controls or gathering statistics","cannot constitute an overriding reason of","general interest."],"orig_lang":"fr","peid":"PE608.058v01-00","reference":"2016/0404(COD)","seq":"32","src":"http://www.europarl.europa.eu/doceo/document/ENVI-AM-608058_EN.pdf"},{"authors":"Luke Ming Flanagan","changes":{},"committee":["ENVI"],"date":"2017-07-12T00:00:00","id":"PE608.058-33","location":[["Proposal for a directive","Recital 12"]],"meps":[124985],"meta":{"created":"2019-07-03T06:25:31"},"new":["(12) Where the taking-up and pursuit of","certain employed or self-employed","activities are conditional on complying","with certain provisions relating to specific","professional qualifications, laid down","directly or indirectly by the Member States,","it is necessary to ensure that such","provisions are justified by public interest","objectives, such as those within the","meaning of the Treaty, namely public","policy, public security and public health or","by overriding reasons of general interest,","recognised as such in the case-law of the","Court of Justice. It is important to ensure","that public interest objectives are","adequately identified in order to determine","the intensity of the regulation. For","example, in order to ensure a high level of","protection of public health, Member States","should enjoy a reasonable and","defined margin of discretion to decide on","the degree of protection which they wish to","afford to public health and on the way in","which that protection is to be achieved. It is","also necessary to clarify that among the","overriding reasons of general interest,","recognised by the Court of Justice, are","preserving the financial equilibrium of the","social security system; the protection of","consumers, recipients of services and","workers; the safeguarding of the proper","administration of justice; fairness of trade","transactions; combating fraud and","prevention of tax evasion and avoidance;","road safety; the protection of the","environment and the urban environment;","the health of animals; intellectual property;","the safeguarding and conservation of the","national historic and artistic heritage, social","policy objectives and cultural policy","objectives. According to settled case-law,","purely economic reasons, having","essentially protectionist aims, as well as","purely administrative reasons, such as","carrying out controls or gathering statistics","cannot constitute an overriding reason of","general interest."],"old":["(12) Where the taking-up and pursuit of","certain employed or self-employed","activities are conditional on complying","with certain provisions relating to specific","professional qualifications, laid down","directly or indirectly by the Member States,","it is necessary to ensure that such","provisions are justified by public interest","objectives, such as those within the","meaning of the Treaty, namely public","policy, public security and public health or","by overriding reasons of general interest,","recognised as such in the case-law of the","Court of Justice. It is important to ensure","that public interest objectives are","adequately identified in order to determine","the intensity of the regulation. For","example, in order to ensure a high level of","protection of public health, Member States","should enjoy a margin of discretion to","decide on the degree of protection which","they wish to afford to public health and on","the way in which that protection is to be","achieved. It is also necessary to clarify that","among the overriding reasons of general","interest, recognised by the Court of Justice,","are preserving the financial equilibrium of","the social security system; the protection of","consumers, recipients of services and","workers; the safeguarding of the proper","administration of justice; fairness of trade","transactions; combating fraud and","prevention of tax evasion and avoidance;","road safety; the protection of the","environment and the urban environment;","the health of animals; intellectual property;","the safeguarding and conservation of the","national historic and artistic heritage, social","policy objectives and cultural policy","objectives. According to settled case-law,","purely economic reasons, having","essentially protectionist aims, as well as","purely administrative reasons, such as","carrying out controls or gathering statistics","cannot constitute an overriding reason of","general interest."],"orig_lang":"en","peid":"PE608.058v01-00","reference":"2016/0404(COD)","seq":"33","src":"http://www.europarl.europa.eu/doceo/document/ENVI-AM-608058_EN.pdf"},{"authors":" Mireille D'Ornano, Jean-Fran\u00e7ois Jalkh, Sylvie Goddyn","changes":{},"committee":["ENVI"],"date":"2017-07-12T00:00:00","id":"PE608.058-34","location":[[" Proposal for a directive","Recital 12"]],"meps":[124750,124770,21331],"meta":{"created":"2019-07-03T06:25:31"},"new":["(12) Where the taking-up and pursuit of","certain employed or self-employed","activities are conditional on complying","with certain provisions relating to specific","professional qualifications, laid down","directly or indirectly by the Member States,","it is necessary to ensure that such","provisions are justified by public interest","objectives, such as those within the","meaning of the Treaty, namely public","policy, public security and public health or","by overriding reasons of general interest,","recognised as such in the case-law of the","Court of Justice. It is important to ensure","that public interest objectives are","adequately identified in order to determine","the intensity of the regulation. For","example, in order to ensure a high level of","protection of public health, Member States","should enjoy a broad margin of discretion","to decide on the degree of protection which","they wish to afford to public health and on","the way in which that protection is to be","achieved. It is also necessary to clarify that","among the overriding reasons of general","interest, recognised by the Court of Justice,","are preserving the financial equilibrium of","the social security system; the protection of","consumers, recipients of services and","workers; the safeguarding of the proper","administration of justice; fairness of trade","transactions; combating fraud and","prevention of tax evasion and avoidance;","road safety; the protection of the","environment and the urban environment;","the health of animals; intellectual property;","the safeguarding and conservation of the","national historic and artistic heritage, social","policy objectives and cultural policy","objectives. According to settled case-law,","purely economic reasons, having","essentially protectionist aims, as well as","purely administrative reasons, such as","carrying out controls or gathering statistics","cannot constitute an overriding reason of","general interest."],"old":["(12) Where the taking-up and pursuit of","certain employed or self-employed","activities are conditional on complying","with certain provisions relating to specific","professional qualifications, laid down","directly or indirectly by the Member States,","it is necessary to ensure that such","provisions are justified by public interest","objectives, such as those within the","meaning of the Treaty, namely public","policy, public security and public health or","by overriding reasons of general interest,","recognised as such in the case-law of the","Court of Justice. It is important to ensure","that public interest objectives are","adequately identified in order to determine","the intensity of the regulation. For","example, in order to ensure a high level of","protection of public health, Member States","should enjoy a margin of discretion to","decide on the degree of protection which","they wish to afford to public health and on","the way in which that protection is to be","achieved. It is also necessary to clarify that","among the overriding reasons of general","interest, recognised by the Court of Justice,","are preserving the financial equilibrium of","the social security system; the protection of","consumers, recipients of services and","workers; the safeguarding of the proper","administration of justice; fairness of trade","transactions; combating fraud and","prevention of tax evasion and avoidance;","road safety; the protection of the","environment and the urban environment;","the health of animals; intellectual property;","the safeguarding and conservation of the","national historic and artistic heritage, social","policy objectives and cultural policy","objectives. According to settled case-law,","purely economic reasons, having","essentially protectionist aims, as well as","purely administrative reasons, such as","carrying out controls or gathering statistics","cannot constitute an overriding reason of","general interest."],"orig_lang":"fr","peid":"PE608.058v01-00","reference":"2016/0404(COD)","seq":"34","src":"http://www.europarl.europa.eu/doceo/document/ENVI-AM-608058_EN.pdf"},{"authors":"Bas Eickhout","changes":{},"committee":["ENVI"],"date":"2017-07-12T00:00:00","id":"PE608.058-35","location":[["Proposal for a directive","Recital 12 a (new)"]],"meps":[96725],"meta":{"created":"2019-07-03T06:25:31"},"new":["(12 a) This Directive should seek to strike","a balance between securing public interest","objectives and quality of services on the","one hand, and improving access to, and","exercise of, regulated professions, which","is in the interests of the professionals","themselves, on the other.It is clear from","settled case law of the Court of Justice","that when one Member State imposes less","strict rules than another Member State,","this does not necessarily mean that the","latter Member State's rules are","disproportionate."],"orig_lang":"en","peid":"PE608.058v01-00","reference":"2016/0404(COD)","seq":"35","src":"http://www.europarl.europa.eu/doceo/document/ENVI-AM-608058_EN.pdf"},{"authors":" Ulrike M\u00fcller","changes":{},"committee":["ENVI"],"date":"2017-07-12T00:00:00","id":"PE608.058-36","location":[[" Proposal for a directive","Recital 12 a (new)"]],"meps":[124862],"meta":{"created":"2019-07-03T06:25:31"},"new":["(12 a) Where a regulation of professions","is justified by the protection of public","health, the special characteristics of","health services should be borne in mind.","Health services are particularly different","from other services, as are patients from","other service recipients.Due to this","distinct nature it should be assumed that","health professions are typically subject to","regulation of professions."],"orig_lang":"en","peid":"PE608.058v01-00","reference":"2016/0404(COD)","seq":"36","src":"http://www.europarl.europa.eu/doceo/document/ENVI-AM-608058_EN.pdf"},{"authors":" Ulrike M\u00fcller","changes":{},"committee":["ENVI"],"date":"2017-07-12T00:00:00","id":"PE608.058-37","location":[[" Proposal for a directive","Recital 12 b (new)"]],"meps":[124862],"meta":{"created":"2019-07-03T06:25:31"},"new":["(12 b) It is for the Member States to","determine the level of protection which","they wish to afford to the public interest","objectives and the proportionate way in","which that level is to be achieved.The fact","that one Member State imposes less strict","rules than another Member State does not","mean that the latter Member State's rules","are disproportionate and therefore","incompatible with the Union law."],"orig_lang":"en","peid":"PE608.058v01-00","reference":"2016/0404(COD)","seq":"37","src":"http://www.europarl.europa.eu/doceo/document/ENVI-AM-608058_EN.pdf"},{"authors":"Mireille D'Ornano, Jean-Fran\u00e7ois Jalkh, Sylvie Goddyn","changes":{},"committee":["ENVI"],"date":"2017-07-12T00:00:00","id":"PE608.058-38","location":[["Proposal for a directive","Recital 13"]],"meps":[124750,124770,21331],"meta":{"created":"2019-07-03T06:25:31"},"new":["(13) Where a Member State intends to","regulate or deregulate a profession,","account should be taken of the nature of","the risks related to the public interest","objectives pursued, in particular the risks to","consumers, to professionals or third parties.","It should also be borne in mind that, in the","field of professional services, there is","usually an asymmetry of information","between consumers and professionals.","Professionals display a high level of","technical knowledge which consumers may","not have and consumers therefore find it","difficult to judge the quality of the services","provided to them. This asymmetry of","information may justify regulating some","professions or amending existing rules in","order to protect consumers."],"old":["(13) Where a Member State intends to","regulate a profession or to amend existing","rules, account should be taken of the","nature of the risks related to the public","interest objectives pursued, in particular","the risks to consumers, to professionals or","third parties. It should also be borne in","mind that, in the field of professional","services, there is usually an asymmetry of","information between consumers and","professionals. Professionals display a high","level of technical knowledge which","consumers may not have and consumers","therefore find it difficult to judge the","quality of the services provided to them."],"orig_lang":"fr","peid":"PE608.058v01-00","reference":"2016/0404(COD)","seq":"38","src":"http://www.europarl.europa.eu/doceo/document/ENVI-AM-608058_EN.pdf"},{"authors":"Mireille D'Ornano, Jean-Fran\u00e7ois Jalkh, Sylvie Goddyn","changes":{},"committee":["ENVI"],"date":"2017-07-12T00:00:00","id":"PE608.058-39","location":[["Proposal for a directive","Recital 14"]],"meps":[124750,124770,21331],"meta":{"created":"2019-07-03T06:25:31"},"new":["(14) To meet the requirement of","proportionality, the national measure","should be suitable for securing the","objective pursued and therefore, where it","has no effect on the ground for","justification, it should not be considered as","suitable."],"old":["(14) To meet the requirement of","proportionality, the measure should be","suitable for securing the attainment of the","objective pursued. A measure should only","be considered suitable for securing the","attainment of the objective pursued, if it","genuinely reflects a concern to attain that","objective in a consistent and systematic","manner, for instance where similar risks","related to certain activities are addressed","in a comparable way and where any","exceptions to the restrictions involved are","applied in line with the stated objective.","Furthermore, the national measure","should contribute to achieving the","objective pursued and therefore, where it","has no effect on the ground for","justification, it should not be considered as","suitable."],"orig_lang":"fr","peid":"PE608.058v01-00","reference":"2016/0404(COD)","seq":"39","src":"http://www.europarl.europa.eu/doceo/document/ENVI-AM-608058_EN.pdf"},{"authors":" Mireille D'Ornano, Jean-Fran\u00e7ois Jalkh, Sylvie Goddyn","changes":{},"committee":["ENVI"],"date":"2017-07-12T00:00:00","id":"PE608.058-40","location":[[" Proposal for a directive","Recital 14"]],"meps":[124750,124770,21331],"meta":{"created":"2019-07-03T06:25:31"},"new":["(14) To meet the requirement of","proportionality, the measure should be","suitable for securing the attainment of the","public interest objective pursued. A","measure should only be considered suitable","for securing the attainment of the objective","pursued, if it genuinely reflects a concern","to attain that objective in a consistent and","systematic manner, for instance where","similar risks related to certain activities are","addressed in a comparable way and where","any exceptions to the restrictions involved","are applied in line with the stated objective.","Furthermore, the national measure should","contribute to achieving the objective","pursued and therefore, where it has no","effect on the ground for justification, it","should not be considered as suitable."],"old":["(14) To meet the requirement of","proportionality, the measure should be","suitable for securing the attainment of the","objective pursued. A measure should only","be considered suitable for securing the","attainment of the objective pursued, if it","genuinely reflects a concern to attain that","objective in a consistent and systematic","manner, for instance where similar risks","related to certain activities are addressed in","a comparable way and where any","exceptions to the restrictions involved are","applied in line with the stated objective.","Furthermore, the national measure should","contribute to achieving the objective","pursued and therefore, where it has no","effect on the ground for justification, it","should not be considered as suitable."],"orig_lang":"fr","peid":"PE608.058v01-00","reference":"2016/0404(COD)","seq":"40","src":"http://www.europarl.europa.eu/doceo/document/ENVI-AM-608058_EN.pdf"},{"authors":" Mireille D'Ornano, Jean-Fran\u00e7ois Jalkh, Sylvie Goddyn","changes":{},"committee":["ENVI"],"date":"2017-07-12T00:00:00","id":"PE608.058-41","location":[[" Proposal for a directive","Recital 15"]],"meps":[124750,124770,21331],"meta":{"created":"2019-07-03T06:25:31"},"new":["(15) Requirements linked to professional","qualifications should be considered as","necessary only where existing measures,","such as consumer protection law, cannot be","regarded as being suitable or genuinely","effective to achieve the aim pursued, or","need to be supplemented to optimise their","effectiveness."],"old":["(15) Requirements linked to professional","qualifications should be considered as","necessary only where existing measures,","such as consumer protection law, cannot be","regarded as being suitable or genuinely","effective to achieve the aim pursued."],"orig_lang":"fr","peid":"PE608.058v01-00","reference":"2016/0404(COD)","seq":"41","src":"http://www.europarl.europa.eu/doceo/document/ENVI-AM-608058_EN.pdf"},{"authors":"Luke Ming Flanagan","changes":{},"committee":["ENVI"],"date":"2017-07-12T00:00:00","id":"PE608.058-42","location":[["Proposal for a directive","Recital 15"]],"meps":[124985],"meta":{"created":"2019-07-03T06:25:31"},"new":["(15) Requirements linked to professional","qualifications should be considered as","necessary only where existing measures,","such as - but not confined to - consumer","protection law, cannot be regarded as being","suitable or genuinely effective to achieve","the aim pursued."],"old":["(15) Requirements linked to professional","qualifications should be considered as","necessary only where existing measures,","such as consumer protection law, cannot be","regarded as being suitable or genuinely","effective to achieve the aim pursued."],"orig_lang":"en","peid":"PE608.058v01-00","reference":"2016/0404(COD)","seq":"42","src":"http://www.europarl.europa.eu/doceo/document/ENVI-AM-608058_EN.pdf"},{"authors":"Mireille D'Ornano, Jean-Fran\u00e7ois Jalkh, Sylvie Goddyn","changes":{},"committee":["ENVI"],"date":"2017-07-12T00:00:00","id":"PE608.058-43","location":[["Proposal for a directive","Recital 15"]],"meps":[124750,124770,21331],"meta":{"created":"2019-07-03T06:25:31"},"new":["(15) Requirements linked to professional","qualifications should be considered as","necessary only where existing measures,","such as consumer protection law, cannot be","regarded as being suitable or genuinely","effective to achieve the public interest aim","pursued."],"old":["(15) Requirements linked to professional","qualifications should be considered as","necessary only where existing measures,","such as consumer protection law, cannot be","regarded as being suitable or genuinely","effective to achieve the aim pursued."],"orig_lang":"fr","peid":"PE608.058v01-00","reference":"2016/0404(COD)","seq":"43","src":"http://www.europarl.europa.eu/doceo/document/ENVI-AM-608058_EN.pdf"},{"authors":" Luke Ming Flanagan","changes":{},"committee":["ENVI"],"date":"2017-07-12T00:00:00","id":"PE608.058-44","location":[[" Proposal for a directive","Recital 16"]],"meps":[124985],"meta":{"created":"2019-07-03T06:25:31"},"new":["(16) Among the elements to be taken","into account by national authorities, the","following are of most relevance: the link","between the scope of professional activities","covered by a profession and the","professional qualification required; the","verification process on the origin and","standard of those professional","qualifications - given the life-and-death","effect of many professions (medical,","engineering, etc.); the complexity of the","tasks in particular as regards the level, the","nature and the duration of the training or","experience required; the existence of","different routes to obtain the professional","qualification; the scope of the professional","activities, reserved to holders of a","particular professional qualification, and in","particular whether the activities reserved to","certain professionals can be shared with","other professionals; the degree of","autonomy in exercising a regulated","profession in particular where the activities","relating to a regulated profession are","pursued under the control and","responsibility of a duly qualified","professional."],"old":["(16) Among the elements to be taken","into account by national authorities, the","following are of most relevance: the link","between the scope of professional activities","covered by a profession and the","professional qualification required; the","complexity of the tasks in particular as","regards the level, the nature and the","duration of the training or experience","required; the existence of different routes","to obtain the professional qualification; the","scope of the professional activities,","reserved to holders of a particular","professional qualification, and in particular","whether the activities reserved to certain","professionals can be shared with other","professionals; the degree of autonomy in","exercising a regulated profession in","particular where the activities relating to a","regulated profession are pursued under the","control and responsibility of a duly","qualified professional."],"orig_lang":"en","peid":"PE608.058v01-00","reference":"2016/0404(COD)","seq":"44","src":"http://www.europarl.europa.eu/doceo/document/ENVI-AM-608058_EN.pdf"},{"authors":" Mireille D'Ornano, Jean-Fran\u00e7ois Jalkh, Sylvie Goddyn","changes":{},"committee":["ENVI"],"date":"2017-07-12T00:00:00","id":"PE608.058-45","location":[[" Proposal for a directive","Recital 16"]],"meps":[124750,124770,21331],"meta":{"created":"2019-07-03T06:25:31"},"new":["(16) Among the elements to be taken","into account by national authorities, the","following are of most relevance: the link","between the scope of professional activities","covered by a profession and the","professional qualification required; the","complexity of the tasks in particular as","regards the level, the nature and the","duration of the training or experience","required; the existence of different routes","to obtain the professional qualification; the","scope of the professional activities,","reserved to holders of a particular","professional qualification, and in particular","whether the activities reserved to certain","professionals can be shared with other","professionals; the degree of autonomy in","exercising a regulated profession in","particular where the activities relating to a","regulated profession are pursued under the","control and responsibility of a duly","qualified professional; and the","implications of the professional activities","for public order, public health or public","security."],"old":["(16) Among the elements to be taken","into account by national authorities, the","following are of most relevance: the link","between the scope of professional activities","covered by a profession and the","professional qualification required; the","complexity of the tasks in particular as","regards the level, the nature and the","duration of the training or experience","required; the existence of different routes","to obtain the professional qualification; the","scope of the professional activities,","reserved to holders of a particular","professional qualification, and in particular","whether the activities reserved to certain","professionals can be shared with other","professionals; the degree of autonomy in","exercising a regulated profession in","particular where the activities relating to a","regulated profession are pursued under the","control and responsibility of a duly","qualified professional."],"orig_lang":"fr","peid":"PE608.058v01-00","reference":"2016/0404(COD)","seq":"45","src":"http://www.europarl.europa.eu/doceo/document/ENVI-AM-608058_EN.pdf"},{"authors":"Mireille D'Ornano, Jean-Fran\u00e7ois Jalkh, Sylvie Goddyn","changes":{},"committee":["ENVI"],"date":"2017-07-12T00:00:00","id":"PE608.058-46","location":[["Proposal for a directive","Recital 16"]],"meps":[124750,124770,21331],"meta":{"created":"2019-07-03T06:25:31"},"new":["(16) Among the elements which may be","taken into account by national authorities,","the following are of most relevance: the","link between the scope of professional","activities covered by a profession and the","professional qualification required; the","complexity of the tasks in particular as","regards the level, the nature and the","duration of the training or experience","required; the existence of different routes","to obtain the professional qualification; the","scope of the professional activities,","reserved to holders of a particular","professional qualification, and in particular","whether the activities reserved to certain","professionals can be shared with other","professionals; the degree of autonomy in","exercising a regulated profession in","particular where the activities relating to a","regulated profession are pursued under the","control and responsibility of a duly","qualified professional."],"old":["(16) Among the elements to be taken","into account by national authorities, the","following are of most relevance: the link","between the scope of professional activities","covered by a profession and the","professional qualification required; the","complexity of the tasks in particular as","regards the level, the nature and the","duration of the training or experience","required; the existence of different routes","to obtain the professional qualification; the","scope of the professional activities,","reserved to holders of a particular","professional qualification, and in particular","whether the activities reserved to certain","professionals can be shared with other","professionals; the degree of autonomy in","exercising a regulated profession in","particular where the activities relating to a","regulated profession are pursued under the","control and responsibility of a duly","qualified professional."],"orig_lang":"fr","peid":"PE608.058v01-00","reference":"2016/0404(COD)","seq":"46","src":"http://www.europarl.europa.eu/doceo/document/ENVI-AM-608058_EN.pdf"},{"authors":" Mireille D'Ornano, Jean-Fran\u00e7ois Jalkh, Sylvie Goddyn","changes":{},"committee":["ENVI"],"date":"2017-07-12T00:00:00","id":"PE608.058-47","location":[[" Proposal for a directive","Recital 17"]],"meps":[124750,124770,21331],"meta":{"created":"2019-07-03T06:25:31"},"new":["(17) Where a Member State regulates a","profession, account should be taken of the","fact that technological developments may","increase or reduce the asymmetry of","information between consumers and","professionals. In view of the speed of","technological change and scientific","progress, up-dates in access requirements","may be of particular importance for a","number of professions."],"old":["(17) Where a Member State regulates a","profession, account should be taken of the","fact that technological developments may","reduce the asymmetry of information","between consumers and professionals. In","view of the speed of technological change","and scientific progress, up-dates in access","requirements may be of particular","importance for a number of professions."],"orig_lang":"fr","peid":"PE608.058v01-00","reference":"2016/0404(COD)","seq":"47","src":"http://www.europarl.europa.eu/doceo/document/ENVI-AM-608058_EN.pdf"},{"authors":" Luke Ming Flanagan","changes":{},"committee":["ENVI"],"date":"2017-07-12T00:00:00","id":"PE608.058-48","location":[[" Proposal for a directive","Recital 18"]],"meps":[124985],"meta":{"created":"2019-07-03T06:25:32"},"new":["(18) The economic impact of the","measure, including a cost-benefit analysis","with particular regard to the degree of","competition in the market and the quality","of the service provided, as well as the","impact on the right to work and on the free","movement of persons and services within","the Union should be duly taken into","account by the competent","authorities;however, none of those","prerogatives should supersede public","safety, which has to remain paramount.","Based on this analysis, Member States","should ascertain, in particular, whether the","extent of the restriction of access to or","pursuit of regulated professions within the","Union is proportionate to the importance of","the objectives pursued and the expected","gains."],"old":["(18) The economic impact of the","measure, including a cost-benefit analysis","with particular regard to the degree of","competition in the market and the quality","of the service provided, as well as the","impact on the right to work and on the free","movement of persons and services within","the Union should be duly taken into","account by the competent authorities.","Based on this analysis, Member States","should ascertain, in particular, whether the","extent of the restriction of access to or","pursuit of regulated professions within the","Union is proportionate to the importance of","the objectives pursued and the expected","gains."],"orig_lang":"en","peid":"PE608.058v01-00","reference":"2016/0404(COD)","seq":"48","src":"http://www.europarl.europa.eu/doceo/document/ENVI-AM-608058_EN.pdf"},{"authors":"Mireille D'Ornano, Jean-Fran\u00e7ois Jalkh, Sylvie Goddyn","changes":{},"committee":["ENVI"],"date":"2017-07-12T00:00:00","id":"PE608.058-49","location":[["Proposal for a directive","Recital 18"]],"meps":[124750,124770,21331],"meta":{"created":"2019-07-03T06:25:32"},"new":["(18) The economic impact of the","measure, including a cost-benefit analysis","with particular regard to the degree of","competition in the market, the quality of","the service provided and the protection of","consumers, as well as the impact on the","right to work and on the free movement of","persons and services within the Union,","should be considered by the competent","authorities. Based on this analysis, Member","States should ascertain, in particular,","whether the extent of the restriction of","access to or pursuit of regulated","professions within the Union is","proportionate to the importance of the","objectives pursued and the expected gains."],"old":["(18) The economic impact of the","measure, including a cost-benefit analysis","with particular regard to the degree of","competition in the market and the quality","of the service provided, as well as the","impact on the right to work and on the free","movement of persons and services within","the Union should be duly taken into","account by the competent authorities.","Based on this analysis, Member States","should ascertain, in particular, whether the","extent of the restriction of access to or","pursuit of regulated professions within the","Union is proportionate to the importance of","the objectives pursued and the expected","gains."],"orig_lang":"fr","peid":"PE608.058v01-00","reference":"2016/0404(COD)","seq":"49","src":"http://www.europarl.europa.eu/doceo/document/ENVI-AM-608058_EN.pdf"},{"authors":" Mireille D'Ornano, Jean-Fran\u00e7ois Jalkh, Sylvie Goddyn","changes":{},"committee":["ENVI"],"date":"2017-07-12T00:00:00","id":"PE608.058-50","location":[[" Proposal for a directive","Recital 19"]],"meps":[124750,124770,21331],"meta":{"created":"2019-07-03T06:25:32"},"new":["(19) Member States should carry out a","comparison between the national measure","at issue and the alternative and less","restrictive solutions that would allow the","same objective to be attained but would","impose fewer restrictions. For example,","the objective can sometimes be attained by","less restrictive means than reserving","activities to professionals, such as","protection of the professional title or","enrolment on a professional register.","However, where measures are justified by","interests of consumer protection or of","preventing a risk of serious harm to public","interest objectives, regulation should take","place by way of reserved activities."],"old":["(19) Member States should carry out a","comparison between the national measure","at issue and the alternative and less","restrictive solutions that would allow the","same objective to be attained but would","impose fewer restrictions. Where the","measures are justified by consumer","protection and where the risks identified","are limited to the relationship between the","professional and the consumer without","negatively affecting third parties, the","objective could be attained by less","restrictive means than reserving activities","to professionals, such as protection of the","professional title or enrolment on a","professional register. Regulation by way of","reserved activities should be used only in","cases where the measures aim at","preventing a risk of serious harm to public","interest objectives."],"orig_lang":"fr","peid":"PE608.058v01-00","reference":"2016/0404(COD)","seq":"50","src":"http://www.europarl.europa.eu/doceo/document/ENVI-AM-608058_EN.pdf"},{"authors":" Ulrike M\u00fcller","changes":{},"committee":["ENVI"],"date":"2017-07-12T00:00:00","id":"PE608.058-51","location":[[" Proposal for a directive","Recital 20 a (new)"]],"meps":[124862],"meta":{"created":"2019-07-03T06:25:32"},"new":["(20 a) The introduction of additional","requirements may provide an added value","to the public interest objective and the fact","that their combined effect should be","assessed does not mean that those","requirements are disproportionate.For","instance, continuous professional","development requirements may be","suitable to ensure that professionals keep","abreast of developments in their respective","areas, while contributing to safe practice","in professions with particular risks, and","where it covers technical, scientific,","regulatory and ethical developments, and","motivates professionals to participate in","lifelong learning relevant to their","profession;where it is necessary and","suitable to achieve the public interest","objective, compulsatory chamber","membership may be considered to be","appropriate, in particular where chambers","have a public mandate."],"orig_lang":"en","peid":"PE608.058v01-00","reference":"2016/0404(COD)","seq":"51","src":"http://www.europarl.europa.eu/doceo/document/ENVI-AM-608058_EN.pdf"},{"authors":"Bas Eickhout, Elena Gentile","changes":{},"committee":["ENVI"],"date":"2017-07-12T00:00:00","id":"PE608.058-52","location":[["Proposal for a directive","Recital 20 a (new)"]],"meps":[96725,124847],"meta":{"created":"2019-07-03T06:25:32"},"new":["(20 a) According to Article 168(1)","TFEU) a high level of human health","protection shall be ensured in the","definition and implementation of all","Union policies and activities.This also","implies that a high level of human health","protection is to be ensured when the","Union adopts acts under other Treaty","provisions."],"orig_lang":"en","peid":"PE608.058v01-00","reference":"2016/0404(COD)","seq":"52","src":"http://www.europarl.europa.eu/doceo/document/ENVI-AM-608058_EN.pdf"},{"authors":"Elena Gentile","changes":{},"committee":["ENVI"],"date":"2017-07-12T00:00:00","id":"PE608.058-53","location":[["Proposal for a directive","Recital 20 a (new)"]],"meps":[124847],"meta":{"created":"2019-07-03T06:25:32"},"new":["(20 a) The proportionality criteria as set","out in this Directive may be applied to the","appropriate extent and degree of intensity","during an assessment of proportionality","undertaken before introducing new","provisions, or amending existing ones.The","extent and degree of intensity applied","during the assessment should be","proportionate to the content of the","provision being introduced 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are","sufficient to protect the public interest;"],"orig_lang":"fr","peid":"PE608.058v01-00","reference":"2016/0404(COD)","seq":"104","src":"http://www.europarl.europa.eu/doceo/document/ENVI-AM-608058_EN.pdf"},{"authors":"Stefan Eck","changes":{},"committee":["ENVI"],"date":"2017-07-12T00:00:00","id":"PE608.058-105","justification":"Any decisions in this field should remain political and not be taken on scientific and technical\ngrounds.","location":[["Proposal for a directive","Article 6 \u2013 paragraph 2 \u2013 point h"]],"meps":[124863],"meta":{"created":"2019-07-03T06:25:35"},"new":["deleted"],"old":["(h) the scientific and technological","developments which may reduce the","asymmetry of information between","professionals and consumers;"],"orig_lang":"en","peid":"PE608.058v01-00","reference":"2016/0404(COD)","seq":"105","src":"http://www.europarl.europa.eu/doceo/document/ENVI-AM-608058_EN.pdf"},{"authors":"Mireille D'Ornano, Jean-Fran\u00e7ois Jalkh, Sylvie Goddyn","changes":{},"committee":["ENVI"],"date":"2017-07-12T00:00:00","id":"PE608.058-106","location":[["Proposal for a directive","Article 6 \u2013 paragraph 2 \u2013 point h"]],"meps":[124750,124770,21331],"meta":{"created":"2019-07-03T06:25:36"},"new":["(h) the scientific and technological","developments which may increase or","reduce the asymmetry of information","between professionals and consumers;"],"old":["(h) the scientific and technological","developments which may reduce the","asymmetry of information between","professionals and consumers;"],"orig_lang":"fr","peid":"PE608.058v01-00","reference":"2016/0404(COD)","seq":"106","src":"http://www.europarl.europa.eu/doceo/document/ENVI-AM-608058_EN.pdf"},{"authors":"Ulrike M\u00fcller","changes":{},"committee":["ENVI"],"date":"2017-07-12T00:00:00","id":"PE608.058-107","location":[["Proposal for a directive","Article 6 \u2013 paragraph 2 \u2013 point h"]],"meps":[124862],"meta":{"created":"2019-07-03T06:25:36"},"new":["(h) the scientific and technological","developments which may","effectively reduce the asymmetry of","information between professionals and","consumers;"],"old":["(h) the scientific and technological","developments which may reduce the","asymmetry of information between","professionals and consumers;"],"orig_lang":"en","peid":"PE608.058v01-00","reference":"2016/0404(COD)","seq":"107","src":"http://www.europarl.europa.eu/doceo/document/ENVI-AM-608058_EN.pdf"},{"authors":" Mireille D'Ornano, Jean-Fran\u00e7ois Jalkh, Sylvie Goddyn","changes":{},"committee":["ENVI"],"date":"2017-07-12T00:00:00","id":"PE608.058-108","location":[[" Proposal for a directive","Article 6 \u2013 paragraph 2 \u2013 point i"]],"meps":[124750,124770,21331],"meta":{"created":"2019-07-03T06:25:36"},"new":["(i) the economic impact of the","measure, with particular regard to the","degree of competition in the market, the","quality of the service provided and","consumer protection, as well as the impact","on the free movement of persons and","services within the Union;"],"old":["(i) the economic impact of the","measure, with particular regard to the","degree of competition in the market and","the quality of the service provided, as well","as the impact on the free movement of","persons and services within the Union;"],"orig_lang":"fr","peid":"PE608.058v01-00","reference":"2016/0404(COD)","seq":"108","src":"http://www.europarl.europa.eu/doceo/document/ENVI-AM-608058_EN.pdf"},{"authors":" Mireille D'Ornano, Jean-Fran\u00e7ois Jalkh, Sylvie Goddyn","changes":{},"committee":["ENVI"],"date":"2017-07-12T00:00:00","id":"PE608.058-109","location":[[" Proposal for a directive","Article 6 \u2013 paragraph 2 \u2013 point j"]],"meps":[124750,124770,21331],"meta":{"created":"2019-07-03T06:25:36"},"new":["(j) the possibility to use less restrictive","means to achieve the public interest","objective pursued, particularly where","there is no threat to consumer protection","and there is no risk of serious harm to the","public interest:"],"old":["(j) the possibility to use less restrictive","means to achieve the public interest","objective;"],"orig_lang":"fr","peid":"PE608.058v01-00","reference":"2016/0404(COD)","seq":"109","src":"http://www.europarl.europa.eu/doceo/document/ENVI-AM-608058_EN.pdf"},{"authors":" Mireille D'Ornano, Jean-Fran\u00e7ois Jalkh, Sylvie Goddyn","changes":{},"committee":["ENVI"],"date":"2017-07-12T00:00:00","id":"PE608.058-110","location":[[" Proposal for a directive","Article 6 \u2013 paragraph 2 \u2013 point k a (new)"]],"meps":[124750,124770,21331],"meta":{"created":"2019-07-03T06:25:36"},"new":["(ka) the implications of the","professional activities for public order,","public health or public security;"],"orig_lang":"fr","peid":"PE608.058v01-00","reference":"2016/0404(COD)","seq":"110","src":"http://www.europarl.europa.eu/doceo/document/ENVI-AM-608058_EN.pdf"},{"authors":"Mireille D'Ornano, Jean-Fran\u00e7ois Jalkh, Sylvie Goddyn","changes":{},"committee":["ENVI"],"date":"2017-07-12T00:00:00","id":"PE608.058-111","location":[["Proposal for a directive","Article 6 \u2013 paragraph 3"]],"meps":[124750,124770,21331],"meta":{"created":"2019-07-03T06:25:36"},"new":["deleted"],"old":["3. 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For the purposes of the efficient","application of this Directive, before","introducing new legislative, regulatory or","administrative provisions restricting access","to or pursuit of regulated professions, or","amending existing ones, Member States","shall encourage the exchange of","information with competent authorities of","other Member States on matters covered by","this Directive, such as the particular way","they regulate a profession or the effects of","regulation identified in similar sectors of","activities, on a regular basis, or, where","appropriate, on an ad hoc basis."],"orig_lang":"fr","peid":"PE608.058v01-00","reference":"2016/0404(COD)","seq":"119","src":"http://www.europarl.europa.eu/doceo/document/ENVI-AM-608058_EN.pdf"},{"authors":"Elena Gentile","changes":{},"committee":["ENVI"],"date":"2017-07-12T00:00:00","id":"PE608.058-120","location":[["Proposal for a directive","Article 8 \u2013 paragraph 1"]],"meps":[124847],"meta":{"created":"2019-07-03T06:25:37"},"new":["1. 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The reasons for considering that","provisions, assessed in accordance with","this Directive, are justified, necessary and","proportionate, and which are","communicated to the Commission pursuant","to paragraphs 5 and 6 of Article 59 of","Directive 2005/36/EC, shall be recorded by","the relevant competent authorities in the","database of regulated professions, referred","to in Article 59 paragraph 1 of Directive","2005/36/EC and thereafter made publicly","available by the Commission."],"orig_lang":"fr","peid":"PE608.058v01-00","reference":"2016/0404(COD)","seq":"123","src":"http://www.europarl.europa.eu/doceo/document/ENVI-AM-608058_EN.pdf"},{"authors":"Marco Zullo, Laura Agea, Piernicola Pedicini","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-53","justification":"The need to respect the proportionality principle already exists in the Treaties, in Directive\n123/2006/EC and in Directive 2005/36/EC, as amended by Directive 2013/55/EU. Moreover,\nthere is a wide range of legal literature, formed by the judgments of the European Court of\nJustice, which provides a regulatory framework for the assessment of regulations for\nprofessions, such as to understand whether they are proportionate. Access to the professions,\nand the harmonised regulation of professions at EU level, should be improved, but this is not\nthe appropriate instrument with which to do it.","location":[["Proposal for a directive","\u2013"]],"meps":[125237,124811,124844],"meta":{"created":"2019-07-03T06:35:57"},"new":["The European Parliament rejects the","Commission proposal on a proportionality","test before adoption of new regulation of","professions."],"orig_lang":"it","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"53","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":"Ji\u0159\u00ed Ma\u0161t\u00e1lka","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-54","location":[["Proposal for a directive","\u2013"]],"meps":[23704],"meta":{"created":"2019-07-03T06:35:58"},"new":["The European Parliament rejects the","Commission proposal ."],"orig_lang":"en","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"54","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":"Marcus Pretzell, Myl\u00e8ne Troszczynski","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-55","justification":" With this directive the EU tries to obtain power over a nation state competence by means of\n proportionality assessment. As set out by parliaments of Germany, France and Austria, the\n directive violates subsidiarity and proportionality. If national regulations are outdated for\n any reason, they will be abolished under the pressure of competing national legal systems.\n But it is not the EU\u2019s task to define criteria for unjustified regulation through legislation, such\n as protectionism in article 5(3).","location":[["Proposal for a directive","\u2013"]],"meps":[124830,124758],"meta":{"created":"2019-07-03T06:35:58"},"new":["The European Parliament rejects the","Commission proposal."],"orig_lang":"en","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"55","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":" Jasenko Selimovic, Dita Charanzov\u00e1","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-56","location":[[" Proposal for a directive","Title"]],"meps":[134243,124708],"meta":{"created":"2019-07-03T06:35:58"},"new":["Proposal for a","DIRECTIVE OF THE EUROPEAN","PARLIAMENT AND OF THE COUNCIL","on a proportionality test before adoption of","new regulation of services and professions","(Text with EEA relevance)"],"old":["Proposal for a","DIRECTIVE OF THE EUROPEAN","PARLIAMENT AND OF THE COUNCIL","on a proportionality test before adoption of","new regulation of professions","(Text with EEA relevance)"],"orig_lang":"en","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"56","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":" Jasenko Selimovic, Dita Charanzov\u00e1","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-57","location":[[" Proposal for a directive","Recital 1"]],"meps":[134243,124708],"meta":{"created":"2019-07-03T06:35:58"},"new":["(1) The freedom to choose an","occupation is a fundamental right. The","Charter of Fundamental Rights of the","European Union guarantees the freedom to","choose an occupation, as well as the","freedom to conduct a business. The free","movement of workers, freedom of","establishment and freedom to provide","services are fundamental principles of the","internal market enshrined in the Treaty.","National rules organising access to service","activities, and in particular the activities","of regulated professions should therefore","not constitute any unjustified and","disproportionate obstacle to the exercise of","those fundamental rights."],"old":["(1) The freedom to choose an","occupation is a fundamental right. The","","Charter of Fundamental Rights of the","European Union guarantees the freedom to","choose an occupation, as well as the","freedom to conduct a business. The free","movement of workers, freedom of","establishment and freedom to provide","services are fundamental principles of the","internal market enshrined in the Treaty.","National rules organising access to","regulated professions should therefore not","constitute any unjustified and","disproportionate obstacle to the exercise of","those fundamental rights."],"orig_lang":"en","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"57","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":"Adam Szejnfeld","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-58","location":[["Proposal for a directive","Recital 1"]],"meps":[124890],"meta":{"created":"2019-07-03T06:35:58"},"new":["(1) The freedom to choose an","occupation is a fundamental right. The","Charter of Fundamental Rights of the","European Union guarantees the freedom to","choose an occupation, as well as the","freedom to conduct a business. The free","movement of workers, freedom of","establishment and freedom to provide","services are fundamental principles of the","internal market enshrined in the Treaty.","National rules organising access to","regulated professions should therefore not","constitute any unjustified and","disproportionate obstacle to the exercise of","those fundamental rights in the internal","market."],"old":["(1) The freedom to choose an","occupation is a fundamental right. The","Charter of Fundamental Rights of the","European Union guarantees the freedom to","choose an occupation, as well as the","freedom to conduct a business. The free","movement of workers, freedom of","establishment and freedom to provide","services are fundamental principles of the","internal market enshrined in the Treaty.","National rules organising access to","regulated professions should therefore not","constitute any unjustified and","disproportionate obstacle to the exercise of","those fundamental rights."],"orig_lang":"pl","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"58","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":" Jasenko Selimovic, Dita Charanzov\u00e1","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-59","location":[[" Proposal for a directive","Recital 2"]],"meps":[134243,124708],"meta":{"created":"2019-07-03T06:35:58"},"new":["(2) In the absence of specific","provisions harmonising the requirements","on access to a service activity, such as an","activity of a regulated profession or its","pursuit laid down in Union law, it is the","Member States\u2019 prerogative to decide","whether and how to regulate a service","activity or a profession within the limits of","the principles of non-discrimination and","proportionality."],"old":["(2) In the absence of specific","provisions harmonising the requirements","on access to a regulated profession or its","pursuit laid down in Union law, it is the","Member States\u2019 prerogative to decide","whether and how to regulate a profession","within the limits of the principles of non-","discrimination and proportionality."],"orig_lang":"en","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"59","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":" Sergio Gaetano Cofferati, Marc Tarabella, Maria Grapini, Lucy Anderson, Olga Sehnalov\u00e1, Nicola Danti, Arndt Kohn, Kerstin Westphal, Pina Picierno, Sergio Guti\u00e9rrez Prieto","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-60","location":[[" Proposal for a directive","Recital 2"]],"meps":[96915,29579,124785,124949,96718,124821,186884,96839,124846,103488],"meta":{"created":"2019-07-03T06:35:58"},"new":["(2) In the absence of specific","provisions harmonising the requirements","on access to a regulated profession or its","pursuit laid down in Union law, it is the","Member States\u2019 prerogative to decide","whether and how to regulate a profession","within the limits of the principles of non-","discrimination, justification and","proportionality."],"old":["(2) In the absence of specific","provisions harmonising the requirements","on access to a regulated profession or its","pursuit laid down in Union law, it is the","Member States\u2019 prerogative to decide","whether and how to regulate a profession","within the limits of the principles of non-","discrimination and proportionality."],"orig_lang":"en","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"60","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":" Sergio Gaetano Cofferati, Marc Tarabella, Maria Grapini, Lucy Anderson, Evelyne","changes":{},"committee":["IMCO"],"compromise":["Gebhardt, Olga Sehnalov\u00e1, Nicola Danti, Arndt Kohn, Kerstin Westphal, Pina Picierno,","Sergio Guti\u00e9rrez Prieto"],"date":"2017-09-08T00:00:00","id":"PE610.571-61","location":[["Proposal for a directive","Recital 4"]],"meps":[96915,29579,124785,124949],"meta":{"created":"2019-07-03T06:35:58"},"new":["(4) Directive 2005/36/EC of the","European Parliament and of the Council24","established the obligation for Member","States to assess the non-discrimination,","justification and proportionality of their","requirements restricting access to or pursuit","of regulated professions and to","communicate to the Commission the","results of the assessment, launching the so-","called mutual evaluation process. That","process meant that Member States had to","carry out a screening of all their legislation","on all professions regulated in their","territory.","__________________","24","Directive 2005/36/EC of the European","Parliament and of the Council of 7","September 2005 on the recognition of","professional qualifications (OJ L 255,","30.9.2005, p.22)."],"old":["(4) Directive 2005/36/EC of the","European Parliament and of the Council24","established the obligation for Member","States to assess the proportionality of their","requirements restricting access to or pursuit","of regulated professions and to","communicate to the Commission the","results of the assessment, launching the so-","called mutual evaluation process. That","process meant that Member States had to","carry out a screening of all their legislation","on all professions regulated in their","territory.","__________________","24","Directive 2005/36/EC of the European","Parliament and of the Council of 7","September 2005 on the recognition of","professional qualifications (OJ L 255,","30.9.2005, p.22)."],"orig_lang":"en","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"61","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":"Virginie Rozi\u00e8re","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-62","location":[["Proposal for a directive","Recital 5"]],"meps":[103845],"meta":{"created":"2019-07-03T06:35:58"},"new":["(5) The results of the mutual evaluation","process revealed a lack of clarity as regards","the criteria to be used by national","competent authorities when assessing the","proportionality of requirements restricting","access to or pursuit of regulated","professions, as well as uneven scrutiny of","such measures at all levels of regulation.","To avoid fragmentation of the internal","market and eliminate barriers to taking-up","and pursuit of certain employed or self-","employed activities, there should be a","common approach at Union level,","preventing disproportionate measures from","being adopted."],"old":["(5) The results of the mutual evaluation","process revealed a lack of clarity as regards","the criteria to be used by national","competent authorities when assessing the","proportionality of requirements restricting","access to or pursuit of regulated","professions, as well as uneven scrutiny of","","such measures at all levels of regulation.","To avoid fragmentation of the internal","market and eliminate barriers to taking-up","and pursuit of certain employed or self-","employed activities, it is therefore","necessary to establish a common approach","at Union level, preventing disproportionate","measures from being adopted."],"orig_lang":"fr","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"62","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":" Othmar Karas","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-63","justification":"The explicit exclusion of healthcare services from the scope of the Directive means that the\nhealthcare professions and services need to be specified.","location":[[" Proposal for a directive","Recital 7"]],"meps":[4246],"meta":{"created":"2019-07-03T06:35:58"},"new":["(7) The activities covered by this","Directive should concern the regulated","professions falling within the scope of","Directive 2005/36/EC. This Directive","should apply in addition to Directive","2005/36/EC and without prejudice to other","provisions laid down in a separate Union","act concerning access to, and the exercise","of a given regulated profession. While","professional regulation of healthcare","services, consisting of activities intended","to assess, maintain or restore the state of","health of patients, remains, according to","Article 59 of Directive 2005/36/EC,","subject to compliance with the","proportionality principle, it should be","excluded from the scope of this Directive.","This exception should also cover","commercial health professions (opticians-","optometrists including those specialising","in contact lenses, hearing aid technicians,","orthopaedic technicians, orthopaedic shoe","makers and dental technicians)."],"old":["(7) The activities covered by this","Directive should concern the regulated","professions falling within the scope of","Directive 2005/36/EC. This Directive","should apply in addition to Directive","2005/36/EC and without prejudice to other","provisions laid down in a separate Union","act concerning access to, and the exercise","of a given regulated profession."],"orig_lang":"de","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"63","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":"Ivan \u0160tefanec, Lud\u011bk Niedermayer","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-64","justification":"Exclusion of health professions is neither necessary nor desirable (health professions will\ncontinue to fall under the proportionality requirements of the Treaty, as well as\nproportionality and notification obligations under the Professional Qualifications Directive).\nThe above new wording in recital 7 acknowledges the specific nature of health professions in\nthe context of application of proportionality test.","location":[["Proposal for a directive","Recital 7"]],"meps":[124929,124701],"meta":{"created":"2019-07-03T06:35:58"},"new":["(7) The activities covered by this","Directive should concern the regulated","professions falling within the scope of","Directive 2005/36/EC. This Directive","should apply in addition to Directive","2005/36/EC and without prejudice to other","provisions laid down in a separate Union","act concerning access to, and the exercise","of a given regulated profession. While","professional activities in the healthcare","services sector are covered by the","assessment referred to in Article 59 of","Directive 2005/36/EC and thus are within","the scope of this Directive, the Directive","respects Member States' competence to","regulate professions in the field of public","health based on Article 168(7) TFEU as","well as their margin of appreciation to","guarantee a high level of health care and","patient safety, within the limits of","proportionality."],"old":["(7) The activities covered by this","Directive should concern the regulated","professions falling within the scope of","Directive 2005/36/EC. This Directive","should apply in addition to Directive","2005/36/EC and without prejudice to other","provisions laid down in a separate Union","act concerning access to, and the exercise","of a given regulated profession."],"orig_lang":"en","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"64","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":" Sergio Gaetano Cofferati, Marc Tarabella, Maria Grapini, Lucy Anderson, Nicola Danti, Pina Picierno, Sergio Guti\u00e9rrez Prieto","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-65","location":[[" Proposal for a directive","Recital 7"]],"meps":[96915,29579,124785,124949,124821,124846,103488],"meta":{"created":"2019-07-03T06:35:58"},"new":["(7) The activities covered by this","Directive should concern the regulated","professions falling within the scope of","Directive 2005/36/EC. For the purpose of","this Directive, the term \u201cregulated","profession\u201d should refer to both existing","regulated professions as defined in","Directive 2005/36/EC and professions that","Member States are considering to regulate","with the result that they will fall under the","definition of \u201cregulated profession\u201d in","Directive 2005/36/EC. This Directive","should apply in addition to Directive","2005/36/EC and without prejudice to other","provisions laid down in a separate Union","act concerning access to, and the exercise","of a given regulated profession."],"old":["(7) The activities covered by this","Directive should concern the regulated","professions falling within the scope of","Directive 2005/36/EC. This Directive","should apply in addition to Directive","2005/36/EC and without prejudice to other","provisions laid down in a separate Union","act concerning access to, and the exercise","of a given regulated profession."],"orig_lang":"en","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"65","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":" Richard Sul\u00edk","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-66","location":[[" Proposal for a directive","Recital 7"]],"meps":[124928],"meta":{"created":"2019-07-03T06:35:58"},"new":["(7) The activities covered by this","Directive should concern the regulated","professions falling within the scope of","Directive 2005/36/EC. This Directive","should apply in addition to Directive","2005/36/EC and without prejudice to other","provisions laid down in a separate Union","act concerning access to, and the exercise","of a given regulated profession. As","according to Article 59 of Directive","2005/36/EC professional regulation of","healthcare services is subject to","compliance with the proportionality","principle, healthcare services fall within","the scope of this Directive."],"old":["(7) The activities covered by this","Directive should concern the regulated","professions falling within the scope of","Directive 2005/36/EC. This Directive","should apply in addition to Directive","2005/36/EC and without prejudice to other","provisions laid down in a separate Union","act concerning access to, and the exercise","of a given regulated profession.",""],"orig_lang":"en","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"66","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":"Jasenko Selimovic, Dita Charanzov\u00e1","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-67","location":[["Proposal for a directive","Recital 7"]],"meps":[134243,124708],"meta":{"created":"2019-07-03T06:35:58"},"new":["(7) The activities covered by this","Directive should concern the legislative,","regulatory or administrative provisions of","Member States restricting the access to or","pursuit of service activities, including in","particular the activities of the regulated","professions falling within the scope of","Directive 2005/36/EC. This Directive","should apply in addition to Directive","2005/36/EC and without prejudice to other","provisions laid down in a separate Union","act concerning access to, and the exercise","of a given service activity or a regulated","profession."],"old":["(7) The activities covered by this","Directive should concern the regulated","professions falling within the scope of","Directive 2005/36/EC. This Directive","should apply in addition to Directive","2005/36/EC and without prejudice to other","provisions laid down in a separate Union","act concerning access to, and the exercise","of a given regulated profession."],"orig_lang":"en","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"67","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":"Christel Schaldemose","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-68","location":[["Proposal for a directive","Recital 7"]],"meps":[37312],"meta":{"created":"2019-07-03T06:35:59"},"new":["(7) The activities covered by this","Directive should concern the regulated","professions falling within the scope of","Directive 2005/36/EC, without prejudice","to Recital (7a). This Directive should apply","in addition to Directive 2005/36/EC and","without prejudice to other provisions laid","down in a separate Union act concerning","access to, and the exercise of a given","regulated profession."],"old":["(7) The activities covered by this","Directive should concern the regulated","professions falling within the scope of","Directive 2005/36/EC. This Directive","","should apply in addition to Directive","2005/36/EC and without prejudice to other","provisions laid down in a separate Union","act concerning access to, and the exercise","of a given regulated profession."],"orig_lang":"en","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"68","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":" Sergio Gaetano Cofferati, Marc Tarabella, Maria Grapini, Lucy Anderson, Evelyne Gebhardt, Olga Sehnalov\u00e1, Arndt Kohn, Sergio Guti\u00e9rrez Prieto","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-69","location":[[" Proposal for a directive","Recital 7 a (new)"]],"meps":[96915,29579,124785,124949,1913,96718,186884,103488],"meta":{"created":"2019-07-03T06:35:59"},"new":["(7a) The right to determine the level of","protection that Member States wish to","provide to public health as well as the","means and methods to reach that level lies","solely with the Member States and health","and life of humans rank foremost among","the interests protected by the TFUE. The","measures regarding the assessment of","non-discrimination, justification and","proportionality, as set out in specific","provisions of this Directive, should","therefore not apply to requirements","concerning the regulation of professions","providing healthcare services whether or","not these are provided via healthcare","facilities, and regardless of the way in","which they are organised and financed at","national level or whether they are public","or private. Notwithstanding, provisions","pertaining to consultation, exchange of","information and transparency as set out","in this Directive should remain applicable","for such requirements. Requirements","concerning the regulation of professions","providing healthcare services remain as","well subject to Directive 2005/36/EC,","including the principles of non-","discrimination, justification and","proportionality and the procedures","defined in Article 59 of that Directive."],"old":[""],"orig_lang":"en","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"69","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":"Christel Schaldemose","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-70","location":[["Proposal for a directive","Recital 7 a (new)"]],"meps":[37312],"meta":{"created":"2019-07-03T06:35:59"},"new":["(7a) The right to determine the level of","protection that Member States wish to","provide to public health as well as the","means and methods to reach that level lies","solely with the Member States. This has","been recognised by the European Court of","Justice as well as the European","Parliament and Council. Furthermore,","both have also held that health and life of","humans come before any other interest","protected by the TFEU1a. Hence, the","provisions of this Directive should exclude","health professions from its scope. This","exclusion should include professions","embracing activities related to the","provision of healthcare services.","Furthermore, this exclusion would also","cover pharmaceutical services and the","prescription, dispensation and provision","of medicinal products and medical","devices, to patients to assess, maintain or","restore their state of health.","__________________","1a Recital 22 of Directive 2011/62/EU of","the European Parliament and of the","Council of 8 June 2011 amending","Directive 2001/83/EC on the Community","code relating to medicinal products for","human use, as regards the prevention of","the entry into the legal supply chain of","falsified medicinal products; and","judgement of the Court of 19 May 2009 in","joint cases C-171/07 and C- 172/07","Apothekerkammer des Saarlandes and","Others v Saarland (para. 19 and 31)"],"old":[""],"orig_lang":"en","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"70","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":" Antonio L\u00f3pez-Ist\u00fariz White, Lara Comi","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-71","location":[[" Proposal for a directive","Recital 7 a (new)"]],"meps":[28399,96775],"meta":{"created":"2019-07-03T06:35:59"},"new":["(7a) In accordance with the Services","Directive (2006/123/EC), another of the","legal instruments underpinning this","proposal for a directive, it is consistent,","appropriate and necessary to exclude","health professions from the scope of this","Directive, along the same lines as the","European legislator provided for in the","Services Directive with regard to health","services. In this respect, the Member","States must regulate health services in the","general interest in terms of safeguarding","quality and protecting public health,","applying the proportionality principle as","they have being doing thus far, and taking","into account the specific demographic,","geographical, financial and cultural","circumstances in the country concerned."],"orig_lang":"es","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"71","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":" Philippe Juvin","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-72","location":[[" Proposal for a directive","Recital 7 a (new)"]],"meps":[96884],"meta":{"created":"2019-07-03T06:35:59"},"new":["(7a) While professional regulation of","healthcare services, consisting of activities","intended to assess, maintain, restore or","improve the state of health of patients,","remains, according to Article 59 of","Directive 2005/36/EC, subject to","compliance with the proportionality","principle, it should be excluded from the","scope of this Directive. With regard to the","protection of public health, it should be","highlighted that health and life of","humans rank foremost among the","interests protected by the Treaty and that","it is for the Member States to determine","the level of protection which they wish to","afford to public health and the way in","which that level is to be achieved."],"old":[""],"orig_lang":"fr","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"72","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":"Jasenko Selimovic, Dita Charanzov\u00e1","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-73","location":[["Proposal for a directive","Recital 7 a (new)"]],"meps":[134243,124708],"meta":{"created":"2019-07-03T06:35:59"},"new":["(7a) The rules of this Directive on a","common framework for conducting","proportionality assessments should begin","to apply before Member States introduce","new, or amend existing, legislative,","regulatory or administrative provisions","restricting the access to or pursuit of","services activities, including in particular","the activities of regulated professions. In","addition, where the provisions being","introduced, or amended, make substantive","changes to the regulation of service","activities or concern a profession, the","existing requirements that are not being","amended should also be subject to the","proportionality assessment under this","Directive."],"orig_lang":"en","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"73","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":" Sergio Gaetano Cofferati, Marc Tarabella, Maria Grapini, Lucy Anderson, Evelyne Gebhardt, Olga Sehnalov\u00e1, Nicola Danti, Christel Schaldemose, Arndt Kohn, Kerstin Westphal, Pina Picierno, Sergio Guti\u00e9rrez Prieto","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-74","location":[[" Proposal for a directive","Recital 7 b (new)"]],"meps":[96915,29579,124785,124949,1913,96718,124821,37312,186884,96839,124846,103488],"meta":{"created":"2019-07-03T06:35:59"},"new":["(7 b) This Directive is without prejudice","to national education and training","structures and to the competence of","Member States to define the organisation","and the content of their systems of","education and professional training;"],"orig_lang":"en","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"74","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":" Soledad Cabez\u00f3n Ruiz, Sergio Guti\u00e9rrez Prieto","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-75","location":[[" Proposal for a directive","Recital 7 b (new)"]],"meps":[125041,103488],"meta":{"created":"2019-07-03T06:35:59"},"new":["(7b) Health services in the EU are, and","must remain, among the top-ranked in the","world in terms of accessibility and the","high quality of health services provided to","citizens, and this has been achieved in","part as a result of the regulation of health","professions by the Member States."],"orig_lang":"es","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"75","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":" Antonio L\u00f3pez-Ist\u00fariz White, Lara Comi","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-76","location":[[" Proposal for a directive","Recital 7 b (new)"]],"meps":[28399,96775],"meta":{"created":"2019-07-03T06:35:59"},"new":["(7b) Health services in the EU are","among the top-ranked in the world in","terms of accessibility and the high quality","of health services provided to citizens, and","this has been achieved thanks to extensive","regulation of health professions at","national level."],"orig_lang":"es","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"76","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":"Antonio L\u00f3pez-Ist\u00fariz White, Lara Comi","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-77","location":[["Proposal for a directive","Recital 7 c (new)"]],"meps":[28399,96775],"meta":{"created":"2019-07-03T06:35:59"},"new":["(7c) The Court of Justice and the","European legislator have held that","people\u2019s health and lives are of prime","importance among the assets and interests","protected by the TFEU. Both have also","acknowledged that it is for the Member","States to determine the level of protection","they wish to grant to public health, and","the manner in which that level should be","achieved."],"orig_lang":"es","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"77","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":"Soledad Cabez\u00f3n Ruiz, Sergio Guti\u00e9rrez Prieto","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-78","location":[["Proposal for a directive","Recital 7 c (new)"]],"meps":[125041,103488],"meta":{"created":"2019-07-03T06:35:59"},"new":["(7c) The Court of Justice and the","European legislator have held that","people\u2019s health and lives are of prime","importance among the assets and interests","protected by the TFEU."],"old":[""],"orig_lang":"es","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"78","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":" Soledad Cabez\u00f3n Ruiz, Sergio Guti\u00e9rrez Prieto","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-79","location":[[" Proposal for a directive","Recital 7 d (new)"]],"meps":[125041,103488],"meta":{"created":"2019-07-03T06:35:59"},"new":["(7d) Any reservation of an activity","relating to the title, the registration of","professionals, continuous professional","development, professional codes of ethics","or the requirements relating to insurance","cover or language proficiency, where","health professions are concerned, are","elements intended to ensure that the","rights of EU citizens to health and clinical","safety are safeguarded."],"orig_lang":"es","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"79","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":" Antonio L\u00f3pez-Ist\u00fariz White, Lara Comi","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-80","location":[[" Proposal for a directive","Recital 7 d (new)"]],"meps":[28399,96775],"meta":{"created":"2019-07-03T06:36:00"},"new":["(7d) The Member States currently take","the proportionality principle into account","when formulating their health policies,","including those relating to the regulation","of health professions, so that such","regulation evolves in step with scientific","development and with the development","and requirements of health systems, in","line with societal demands."],"orig_lang":"es","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"80","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":"Soledad Cabez\u00f3n Ruiz, Sergio Guti\u00e9rrez Prieto","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-81","location":[["Proposal for a directive","Recital 7 e (new)"]],"meps":[125041,103488],"meta":{"created":"2019-07-03T06:36:00"},"new":["(7e) Any regulation should take into","account the specific nature of the","aforementioned elements as means of","safeguarding the rights of EU citizens to","health and clinical safety."],"orig_lang":"es","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"81","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":"Sergio Gaetano Cofferati, Marc Tarabella, Maria Grapini, Lucy Anderson, Evelyne Gebhardt, Olga Sehnalov\u00e1, Nicola Danti, Christel Schaldemose, Arndt Kohn, Kerstin Westphal, Pina Picierno, Sergio Guti\u00e9rrez Prieto","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-82","location":[["Proposal for a directive","Recital 8 a (new)"]],"meps":[96915,29579,124785,124949,1913,96718,124821,37312,186884,96839,124846,103488],"meta":{"created":"2019-07-03T06:36:00"},"new":["(8a) Regulation of professions plays a","key role in protecting public interest","objectives and should, inter alia,","contribute to the promotion of a high level","of employment, the guarantee of adequate","social protection, the fight against social","exclusion, and a high level of education,","training and protection of human health","and to environmental and consumer","protection; effective professional","regulation is furthermore of paramount","importance in order to ensure high","quality products and services;"],"orig_lang":"en","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"82","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":" Sergio Gaetano Cofferati, Marc Tarabella, Maria Grapini, Lucy Anderson, Nicola Danti, Christel Schaldemose, Arndt Kohn, Kerstin Westphal, Pina Picierno, Sergio Guti\u00e9rrez Prieto","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-83","location":[[" Proposal for a directive","Recital 8 b (new)"]],"meps":[96915,29579,124785,124949,124821,37312,186884,96839,124846,103488],"meta":{"created":"2019-07-03T06:36:00"},"new":["(8 b) It is for the Member States to","determine the level of protection which","they wish to afford to the public interest","objectives and the proportionate way in","which that level is to be achieved. The fact","that one Member State imposes less strict","rules than another Member State does not","mean that the latter Member State\u2019s rules","are disproportionate and therefore","incompatible with EU law;"],"orig_lang":"en","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"83","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":" Sergio Gaetano Cofferati, Marc Tarabella, Maria Grapini, Lucy Anderson, Evelyne Gebhardt, Nicola Danti, Arndt Kohn, Kerstin Westphal, Pina Picierno, Sergio Guti\u00e9rrez Prieto","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-84","location":[[" Proposal for a directive","Recital 8 c (new)"]],"meps":[96915,29579,124785,124949,1913,124821,186884,96839,124846,103488],"meta":{"created":"2019-07-03T06:36:00"},"new":["(8 c) Member States should undertake","an assessment of non-discrimination,","justification and proportionality in","accordance with the rules laid down in","this Directive before introducing new, or","amending existing, essential legislative,","regulatory or administrative provisions","restricting access to or pursuit of","regulated professions, taking into account","the reasonable margin of appreciation","allowed to Member States. The extent and","degree of intensity of the assessment shall","be proportionate to the nature, the content","and the impact of the provisions being","introduced. Provisions which would not","restrict access to or pursuit of regulated","professions, such as editorial","amendments, or adaptations to content of","training courses or modernisation of","training regulations, should not fall","within the scope of this Directive."],"old":[""],"orig_lang":"en","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"84","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":"Othmar Karas","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-85","location":[["Proposal for a directive","Recital 9"]],"meps":[4246],"meta":{"created":"2019-07-03T06:36:00"},"new":["(9) The burden of proof of justification","and proportionality lies on the Member","States. The reasons for regulation invoked","by a Member State by way of justification","should thus be accompanied by an analysis","of the proportionality of the measure","adopted by that Member State and by","specific evidence substantiating its","arguments. Although a Member State does","not necessarily have to be able to produce","a specific study or a specific form of","evidence or materials establishing the","proportionality of such measure prior to","its adoption, it should carry out a review","capable of demonstrating that there is a","genuine need to achieve public-interest","objectives in view of the specific","circumstances of that Member State."],"old":["(9) The burden of proof of justification","and proportionality lies on the Member","States. The reasons for regulation invoked","by a Member State by way of justification","should thus be accompanied by an analysis","of the appropriateness and proportionality","of the measure adopted by that State and","by specific evidence substantiating its","arguments."],"orig_lang":"de","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"85","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":"Julia Reda","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-86","location":[["Proposal for a directive","Recital 9"]],"meps":[124816],"meta":{"created":"2019-07-03T06:36:00"},"new":["(9) The burden of proof of justification","and proportionality lies on the Member","States. The reasons for regulation invoked","by a Member State by way of justification","should thus be accompanied by an analysis","of the appropriateness and proportionality","of the measure adopted by that State and","by specific evidence substantiating its","arguments. This should not prevent","Member States from taking immediate","measures in the field of health care which","they consider necessary to protect public","health, nor in other areas where they","consider measures necessary to pursue","other overriding reasons in public","interest."],"old":["(9) The burden of proof of justification","and proportionality lies on the Member","States. The reasons for regulation invoked","by a Member State by way of justification","should thus be accompanied by an analysis","of the appropriateness and proportionality","of the measure adopted by that State and","by specific evidence substantiating its","arguments."],"orig_lang":"en","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"86","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":" Maria Grapini","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-87","location":[[" Proposal for a directive","Recital 9"]],"meps":[124785],"meta":{"created":"2019-07-03T06:36:00"},"new":["(9) The burden of proof of justification","and proportionality lies on the Member","States. The reasons for regulation invoked","by a Member State by way of justification","should thus be accompanied by an analysis","of the appropriateness and proportionality","of the measure adopted by that State and","by specific evidence substantiating its","arguments in order to avoid overregulation","and additional costs to the institutions and","to the beneficiaries of such regulation."],"old":["(9) The burden of proof of justification","and proportionality lies on the Member","States. The reasons for regulation invoked","by a Member State by way of justification","should thus be accompanied by an analysis","of the appropriateness and proportionality","of the measure adopted by that State and","by specific evidence substantiating its","arguments."],"orig_lang":"ro","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"87","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":"Antonio L\u00f3pez-Ist\u00fariz White, Lara Comi","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-88","justification":"Professional organisations, which are familiar with the ins and outs of the profession, must be\ninvolved in assessing the proportionality of legislation that restricts access to regulated\nprofessions, contributing alongside the relevant authorities and providing quantitative and\nqualitative evidence to demonstrate whether or not the achievement of the relevant public\ninterest objectives is genuinely at risk, and therefore whether or not the regulation of a\nprofession is justified.","location":[["Proposal for a directive","Recital 9"]],"meps":[28399,96775],"meta":{"created":"2019-07-03T06:36:00"},"new":["(9) The burden of proof as regards","justification and proportionality lies with","the Member States, who must be assisted","by professional organisations and other","stakeholders. The reasons for regulation","invoked by a Member State by way of","justification should thus be accompanied","by an analysis of the appropriateness and","proportionality of the measure adopted by","that Member State and by specific","evidence substantiating its arguments."],"old":["(9) The burden of proof of justification","and proportionality lies on the Member","States. The reasons for regulation invoked","by a Member State by way of justification","should thus be accompanied by an analysis","of the appropriateness and proportionality","of the measure adopted by that State and","by specific evidence substantiating its","arguments."],"orig_lang":"es","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"88","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":"Sergio Gaetano Cofferati, Marc Tarabella, Maria Grapini, Lucy Anderson, Evelyne Gebhardt, Nicola Danti, Arndt Kohn, Kerstin Westphal, Pina Picierno, Sergio Guti\u00e9rrez Prieto","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-89","location":[["Proposal for a directive","Recital 9"]],"meps":[96915,29579,124785,124949,1913,124821,186884,96839,124846,103488],"meta":{"created":"2019-07-03T06:36:00"},"new":["(9) Member States should ensure that","any measure introducing new, or","amending existing, essential legislative,","regulatory or administrative provisions","restricting access to or pursuit of","regulated professions is accompanied by","an explanation making it possible to","appraise compliance with the principles of","non-discrimination, justification and","proportionality, which should include","specific elements substantiating its","arguments."],"old":["(9) The burden of proof of","justification and proportionality lies on","the Member States. The reasons for","regulation invoked by a Member State by","way of justification should thus be","","","accompanied by an analysis of the","appropriateness and proportionality of the","measure adopted by that State and by","specific evidence substantiating its","arguments."],"orig_lang":"en","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"89","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":" Virginie Rozi\u00e8re","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-90","location":[[" Proposal for a directive","Recital 9"]],"meps":[103845],"meta":{"created":"2019-07-03T06:36:00"},"new":["(9) The burden of proof of justification","and proportionality lies on the Member","States. The reasons for regulation invoked","by a Member State by way of justification","should thus be accompanied by an analysis","of the appropriateness and proportionality","of the measure adopted by that State and","by evidence substantiating its arguments","where such is available."],"old":["(9) The burden of proof of justification","and proportionality lies on the Member","States. The reasons for regulation invoked","by a Member State by way of justification","should thus be accompanied by an analysis","of the appropriateness and proportionality","of the measure adopted by that State and","by specific evidence substantiating its","arguments."],"orig_lang":"fr","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"90","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":" Jasenko Selimovic, Dita Charanzov\u00e1","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-91","location":[[" Proposal for a directive","Recital 10"]],"meps":[134243,124708],"meta":{"created":"2019-07-03T06:36:00"},"new":["(10) It is appropriate to monitor the","proportionality of the provisions restricting","the access to or pursuit of service","activities, including the activities of","regulated professions, on a regular basis","and with a frequency appropriate to the","regulation concerned. A review of the","proportionality of restrictive national","legislation in the area of regulated service","activities, and in particular the activities","of regulated professions, should be based","not only on the objective of that legislation","at the time of its adoption, but also on the","effects of the legislation, assessed after its","adoption. The assessment of the","proportionality of the national legislation","should be based on developments found to","have occurred in the area since the","legislation was adopted."],"old":["(10) It is appropriate to monitor the","proportionality of the provisions restricting","access to or pursuit of regulated","professions on a regular basis and with a","frequency appropriate to the regulation","concerned. A review of the proportionality","of restrictive national legislation in the area","","of regulated professions should be based","not only on the objective of that legislation","at the time of its adoption, but also on the","effects of the legislation, assessed after its","adoption. The assessment of the","proportionality of the national legislation","should be based on developments found to","have occurred in the area since the","legislation was adopted."],"orig_lang":"en","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"91","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":"Julia Reda","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-92","location":[["Proposal for a directive","Recital 10"]],"meps":[124816],"meta":{"created":"2019-07-03T06:36:00"},"new":["(10) It is appropriate to monitor the","proportionality of the provisions restricting","access to or pursuit of regulated","professions on a regular basis and with a","frequency appropriate to the regulation","concerned and to a degree commensurate","with the complexity of the regulations in","place and the extent of the new measures","proposed. A review of the proportionality","of restrictive national legislation in the area","of regulated professions should be based","not only on the objective of that legislation","at the time of its adoption, but also on the","effects of the legislation, assessed after its","adoption. The assessment of the","proportionality of the national legislation","should be based on developments found to","have occurred in the area since the","legislation was adopted. This assessment","should be completed before the adoption","of new measures or the amendment of the","existing national provisions."],"old":["(10) It is appropriate to monitor the","proportionality of the provisions restricting","access to or pursuit of regulated","professions on a regular basis and with a","frequency appropriate to the regulation","concerned. A review of the proportionality","of restrictive national legislation in the area","of regulated professions should be based","not only on the objective of that legislation","at the time of its adoption, but also on the","effects of the legislation, assessed after its","adoption. The assessment of the","proportionality of the national legislation","should be based on developments found to","have occurred in the area since the","legislation was adopted."],"orig_lang":"en","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"92","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":" Sergio Gaetano Cofferati, Marc Tarabella, Maria Grapini, Evelyne Gebhardt, Nicola Danti, Arndt Kohn, Kerstin Westphal, Pina Picierno, Sergio Guti\u00e9rrez Prieto","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-93","location":[[" Proposal for a directive","Recital 10"]],"meps":[96915,29579,124785,1913,124821,186884,96839,124846,103488],"meta":{"created":"2019-07-03T06:36:01"},"new":["(10) It is appropriate to monitor the non-","discrimination, justification and","proportionality of the essential provisions","restricting access to or pursuit of regulated","professions after adoption. A review of the","non-discrimination, justification and","proportionality of restrictive national","legislation in the area of regulated","professions should be based not only on the","objective of that legislation at the time of","its adoption, but also on the effects of the","legislation, assessed after its adoption.","Such assessment of the national legislation","should be based on significant","developments found to have occurred in","the area since the legislation was adopted."],"old":["(10) It is appropriate to monitor the","proportionality of the provisions restricting","access to or pursuit of regulated","professions on a regular basis and with a","frequency appropriate to the regulation","concerned. A review of the proportionality","of restrictive national legislation in the area","of regulated professions should be based","not only on the objective of that legislation","at the time of its adoption, but also on the","effects of the legislation, assessed after its","adoption. The assessment of the","proportionality of the national legislation","should be based on developments found to","have occurred in the area since the","legislation was adopted."],"orig_lang":"en","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"93","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":" Sergio Gaetano Cofferati, Marc Tarabella, Maria Grapini, Lucy Anderson, Nicola Danti, Arndt Kohn, Kerstin Westphal, Sergio Guti\u00e9rrez Prieto","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-94","location":[[" Proposal for a directive","Recital 11"]],"meps":[96915,29579,124785,124949,124821,186884,96839,103488],"meta":{"created":"2019-07-03T06:36:01"},"new":["(11) Member States should carry out the","non-discrimination, justification and","proportionality assessments in an objective","and independent manner, including where","a profession is regulated indirectly, by","giving a particular professional body the","power to do so."],"old":["(11) Member States should carry out","proportionality assessments in an objective","and independent manner, including where","a profession is regulated indirectly, by","giving a particular professional body the","power to do so. In particular, while the","assessment of the local authorities,","regulatory bodies or professional","","organisations, whose greater proximity to","local conditions and specialised","knowledge could in certain cases make","them better placed to identify the best way","of meeting the public interest objectives,","there is particular reason for concern in","cases where the policy choice made by","those authorities or bodies provides","benefits to established operators at the","expense of new market entrants."],"orig_lang":"en","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"94","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":"Antonio L\u00f3pez-Ist\u00fariz White, Lara Comi","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-95","justification":"It is important that proportionality assessments are carried out with the participation of\nregulatory bodies or professional organisations that the Member States regard as relevant\n\n given their proximity to the regulatory context and their specialist knowledge. Those bodies\n and organisations might be better placed to identify the most suitable way to achieve the\n public interest objectives set out in this proposal for a directive.","location":[["Proposal for a directive","Recital 11"]],"meps":[28399,96775],"meta":{"created":"2019-07-03T06:36:01"},"new":["(11) Member States should carry out","proportionality assessments in an objective","and independent manner, including where","a profession is regulated indirectly, by","giving a particular professional body the","power to do so. The Member States may","obtain comments from any bodies they","consider relevant and capable of providing","such comments, especially bodies that are","part of the national legislative process and","have advisory powers, such as","professional organisations, for example."],"old":["(11) Member States should carry out","proportionality assessments in an objective","and independent manner, including where","a profession is regulated indirectly, by","giving a particular professional body the","power to do so. In particular, while the","assessment of the local authorities,","regulatory bodies or professional","organisations, whose greater proximity to","local conditions and specialised","knowledge could in certain cases make","them better placed to identify the best way","of meeting the public interest objectives,","there is particular reason for concern in","cases where the policy choice made by","those authorities or bodies provides","benefits to established operators at the","expense of new market entrants."],"orig_lang":"es","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"95","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":" Ivan \u0160tefanec, Lud\u011bk Niedermayer","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-96","location":[[" Proposal for a directive","Recital 11"]],"meps":[124929,124701],"meta":{"created":"2019-07-03T06:36:01"},"new":["(11) Member States should carry out","proportionality assessments in an objective","and independent manner, including where","a profession is regulated indirectly, by","giving a particular professional body the","power to do so. In cases where regulatory","provisions restricting the access to or","pursuit of the regulated profession are","established by professional bodies such as","orders or chambers, there is a particular","reason for concern given the proximity of","such bodies to local conditions and a risk","that policy choices made might favour","established operators at the expense of new","market entrants."],"old":["(11) Member States should carry out","proportionality assessments in an objective","and independent manner, including where","a profession is regulated indirectly, by","giving a particular professional body the","power to do so. In particular, while the","assessment of the local authorities,","regulatory bodies or professional","organisations, whose greater proximity to","local conditions and specialised","knowledge could in certain cases make","them better placed to identify the best way","of meeting the public interest objectives,","there is particular reason for concern in","cases where the policy choice made by","those authorities or bodies provides","benefits to established operators at the","expense of new market entrants."],"orig_lang":"en","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"96","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":" Virginie Rozi\u00e8re","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-97","location":[[" Proposal for a directive","Recital 11"]],"meps":[103845],"meta":{"created":"2019-07-03T06:36:01"},"new":["(11) Member States should carry out","proportionality assessments in an objective","manner, including where a profession is","regulated indirectly, by giving a particular","professional body the power to do so. In","particular, while the assessment of the local","authorities, regulatory bodies or","professional organisations, whose greater","proximity to local conditions and","specialised knowledge could in certain","cases make them better placed to identify","the best way of meeting the public interest","objectives, the policy choice made by those","authorities or bodies should not be","discriminatory."],"old":["(11) Member States should carry out","proportionality assessments in an objective","and independent manner, including where","a profession is regulated indirectly, by","","giving a particular professional body the","power to do so. In particular, while the","assessment of the local authorities,","regulatory bodies or professional","organisations, whose greater proximity to","local conditions and specialised knowledge","could in certain cases make them better","placed to identify the best way of meeting","the public interest objectives, there is","particular reason for concern in cases","where the policy choice made by those","authorities or bodies provides benefits to","established operators at the expense of","new market entrants."],"orig_lang":"fr","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"97","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":"Andreas Schwab","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-98","location":[["Proposal for a directive","Recital 11 a (new)"]],"meps":[28223],"meta":{"created":"2019-07-03T06:36:01"},"new":["(11a) As confirmed by settled case law,","any discrimination on grounds of","nationality or residence resulting from","national legislation restricting the","freedom of establishment or the freedom","to provide services should be prohibited.","When introducing new legislative,","regulatory or administrative provisions","restricting access to or pursuit of","regulated professions or amending","existing ones, Member States should","guarantee that such provisions are based","on non-discriminatory and objective","criteria, which are known in advance."],"orig_lang":"de","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"98","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":"Julia Reda","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-99","location":[[" Proposal for a directive","Recital 11 a (new)"]],"meps":[124816],"meta":{"created":"2019-07-03T06:36:01"},"new":["(11a) Member States should involve","independent scrutiny bodies in the","proportionality assessment in order to","ensure that the assessment is carried out","in an independent and objective manner.","This could be achieved through the","involvement of existing bodies, and","should not entail the establishment of a","new body."],"orig_lang":"en","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"99","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":" Virginie Rozi\u00e8re","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-100","location":[[" Proposal for a directive","Recital 12"]],"meps":[103845],"meta":{"created":"2019-07-03T06:36:01"},"new":["(12) Where the taking-up and pursuit of","certain employed or self-employed","activities are conditional on complying","with certain provisions relating to specific","professional qualifications, laid down","directly or indirectly by the Member States,","it is necessary to ensure that such","provisions are justified by public interest","objectives, such as those within the","meaning of the Treaty, namely public","policy, public security and public health or","by overriding reasons of general interest,","such as those recognised in the case-law of","the Court of Justice. It is important to","ensure that public interest objectives are","adequately identified in order to determine","the intensity of the regulation. For","example, in order to ensure a high level of","protection of public health, Member States","should enjoy a margin of discretion to","decide on the degree of protection which","they wish to afford to public health and on","the way in which that protection is to be","achieved."],"old":["(12) Where the taking-up and pursuit of","certain employed or self-employed","activities are conditional on complying","with certain provisions relating to specific","professional qualifications, laid down","directly or indirectly by the Member States,","it is necessary to ensure that such","provisions are justified by public interest","objectives, such as those within the","meaning of the Treaty, namely public","policy, public security and public health or","by overriding reasons of general interest,","recognised as such in the case-law of the","Court of Justice. It is important to ensure","that public interest objectives are","adequately identified in order to determine","the intensity of the regulation. For","example, in order to ensure a high level of","protection of public health, Member States","should enjoy a margin of discretion to","decide on the degree of protection which","they wish to afford to public health and on","","the way in which that protection is to be","achieved. It is also necessary to clarify","that among the overriding reasons of","general interest, recognised by the Court","of Justice, are preserving the financial","equilibrium of the social security system;","the protection of consumers, recipients of","services and workers; the safeguarding of","the proper administration of justice;","fairness of trade transactions; combating","fraud and prevention of tax evasion and","avoidance; road safety; the protection of","the environment and the urban","environment; the health of animals;","intellectual property; the safeguarding","and conservation of the national historic","and artistic heritage, social policy","objectives and cultural policy objectives.","According to settled case-law, purely","economic reasons, having essentially","protectionist aims, as well as purely","administrative reasons, such as carrying","out controls or gathering statistics cannot","constitute an overriding reason of general","interest."],"orig_lang":"fr","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"100","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":"Andreas Schwab","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-101","location":[["Proposal for a directive","Recital 12"]],"meps":[28223],"meta":{"created":"2019-07-03T06:36:01"},"new":["(12) Where the taking-up and pursuit of","employed or self-employed activities are","conditional on complying with certain","requirements relating to specific","professional qualifications, laid down","directly or indirectly by the Member States,","it is necessary to ensure that such","requirements are justified by public","interest objectives, such as those within the","meaning of the Treaty, namely public","policy, public security and public health or","by overriding reasons of general interest,","recognised as such in the case-law of the","Court of Justice. It is also necessary to","clarify that among the overriding reasons","of general interest, recognised by the Court","of Justice, are: preserving the financial","equilibrium of the social security system;","the protection of consumers, recipients of","services and workers; the protection of","legal dealings; ensuring the fairness of","trade transactions; combating fraud and","prevention of tax evasion and avoidance;","road safety; guaranteeing the quality of","craft work; research and development; the","protection of the capital market; the","protection of the environment and the","urban environment; the health of animals;","intellectual property; the conservation of","the national historic and artistic heritage;","social policy objectives and cultural policy","objectives; According to settled case law,","purely economic reasons, such as","promoting the national economy to the","detriment of the of fundamental","freedoms, as well as purely administrative","reasons, such as carrying out controls or","gathering statistics cannot constitute an","overriding reason of general interest. It is","important to ensure that public interest","objectives are adequately identified in","order to determine the appropriate level of","regulation. For example, where the risks","to the public interest objective increase,","Member States should enjoy a margin of","appreciation within which they are able to","determine the degree of protection which","they wish to afford, and if necessary to","strengthen the regulation in place. The","fact that one Member State imposes less","strict rules than another Member State","does not mean that the latter Member","State\u2019s rules are disproportionate and","therefore incompatible with Union law."],"old":["(12) Where the taking-up and pursuit of","certain employed or self-employed","activities are conditional on complying","with certain provisions relating to specific","professional qualifications, laid down","directly or indirectly by the Member States,","it is necessary to ensure that such","provisions are justified by public interest","objectives, such as those within the","meaning of the Treaty, namely public","policy, public security and public health or","","by overriding reasons of general interest,","recognised as such in the case-law of the","Court of Justice. It is important to ensure","that public interest objectives are","adequately identified in order to","determine the intensity of the regulation.","For example, in order to ensure a high","level of protection of public health,","Member States should enjoy a margin of","discretion to decide on the degree of","protection which they wish to afford to","public health and on the way in which","that protection is to be achieved. It is also","necessary to clarify that the following are","among the overriding reasons of general","interest, recognised by the Court of Justice:","preserving the financial equilibrium of the","social security system; the protection of","consumers, recipients of services and","workers; the safeguarding of the proper","administration of justice; fairness of trade","transactions; combating fraud and","prevention of tax evasion and avoidance;","road safety; the protection of the","environment and the urban environment;","the health of animals; intellectual property;","the conservation of the national historic","and artistic heritage; social policy","objectives and cultural policy objectives;","According to settled case-law, purely","economic reasons, having essentially","protectionist aims, as well as purely","administrative reasons, such as carrying","out controls or gathering statistics cannot","constitute an overriding reason of general","interest."],"orig_lang":"de","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"101","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":"Sergio Gaetano Cofferati, Marc Tarabella, Maria Grapini, Lucy Anderson, Evelyne Gebhardt, Nicola Danti, Christel Schaldemose, Arndt Kohn, Kerstin Westphal, Sergio Guti\u00e9rrez Prieto","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-102","location":[["Proposal for a directive","Recital 12"]],"meps":[96915,29579,124785,124949,1913,124821,37312,186884,96839,103488],"meta":{"created":"2019-07-03T06:36:01"},"new":["(12) Where the taking-up and pursuit of","certain employed or self-employed","activities are conditional on complying","with certain provisions relating to specific","professional qualifications, laid down","directly or indirectly by the Member States,","it is necessary to ensure that such","provisions are justified by public interest","objectives, such as those within the","meaning of the Treaty, namely public","policy, public security and public health or","by overriding reasons of general interest. It","is important to ensure that public interest","objectives are adequately identified in","order to determine the intensity of the","regulation. It is also useful to provide","certain examples of overriding reasons of","general interest which have been","recognised by the European Court of","Justice, whose case-law may continue to","evolve. Such examples include: preserving","the financial equilibrium of the social","security system; the protection of","consumers, recipients of services and","workers; ensuring safe, healthy and","secure working conditions; the","safeguarding of the proper administration","of justice; fairness of trade transactions;","combating fraud, prevention of tax evasion","and avoidance and effectiveness of fiscal","supervision; transport safety;","guaranteeing the quality of products and","services; promotion of research and","development; ensuring high standards of","education; the protection of the","environment and the urban environment;","the health of animals; intellectual property;","the safeguarding and conservation of the","national historic and artistic heritage, social","policy objectives, including the","encouragement of employment and","recruitment and the maintenance of","employment, and cultural policy","objectives. According to settled case-law,","purely economic reasons, having","essentially protectionist aims, as well as","purely administrative reasons, such as","carrying out controls or gathering statistics","cannot constitute an overriding reason of","general interest. Control measures should","be considered justified if they are needed","in order to ensure compliance with","provisions justified by public interest","objectives."],"old":["(12) Where the taking-up and pursuit of","certain employed or self-employed","activities are conditional on complying","with certain provisions relating to specific","professional qualifications, laid down","directly or indirectly by the Member States,","it is necessary to ensure that such","provisions are justified by public interest","objectives, such as those within the","meaning of the Treaty, namely public","policy, public security and public health or","by overriding reasons of general interest,","recognised as such in the case-law of the","Court of Justice. It is important to ensure","that public interest objectives are","adequately identified in order to determine","the intensity of the regulation. For","example, in order to ensure a high level of","protection of public health, Member","States should enjoy a margin of discretion","to decide on the degree of protection","which they wish to afford to public health","and on the way in which that protection is","to be achieved. It is also necessary to","clarify that among the overriding reasons","of general interest, recognised by the","Court of Justice, are preserving the","financial equilibrium of the social security","system; the protection of consumers,","recipients of services and workers; the","safeguarding of the proper administration","of justice; fairness of trade transactions;","combating fraud and prevention of tax","evasion and avoidance; road safety; the","protection of the environment and the","urban environment; the health of animals;","intellectual property; the safeguarding and","conservation of the national historic and","artistic heritage, social policy objectives","","and cultural policy objectives. According","to settled case-law, purely economic","reasons, having essentially protectionist","aims, as well as purely administrative","reasons, such as carrying out controls or","gathering statistics cannot constitute an","overriding reason of general interest."],"orig_lang":"en","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"102","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":" Jasenko Selimovic, Dita Charanzov\u00e1","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-103","location":[[" Proposal for a directive","Recital 12"]],"meps":[134243,124708],"meta":{"created":"2019-07-03T06:36:01"},"new":["(12) Where the taking-up and pursuit of","certain employed or self-employed","activities are conditional on complying","with certain provisions, and in particular","requirements relating to specific","professional qualifications, laid down","directly or indirectly by the Member States,","it is necessary to ensure that such","provisions are justified by public interest","objectives, such as those within the","meaning of the Treaty, namely public","policy, public security and public health or","by overriding reasons of general interest,","recognised as such in the case-law of the","Court of Justice. Where those objectives","apply, regulation of professions should be","considered to be a necessary safeguard of","the public interest rather than an obstacle","to competition and free movement. It is","important to ensure that public interest","objectives are adequately identified in","order to determine the intensity of the","regulation. For example, in order to ensure","a high level of protection of public health,","Member States should enjoy a margin of","discretion to decide on the degree of","protection which they wish to afford to","public health and on the way in which that","protection is to be achieved. It is also","necessary to clarify that among the","overriding reasons of general interest,","recognised by the Court of Justice, are","preserving the financial equilibrium of the","social security system; the protection of","consumers, recipients of services and","workers; the safeguarding of the proper","administration of justice; fairness of trade","transactions; combating fraud and","prevention of tax evasion and avoidance;","road safety; the protection of the","environment and the urban environment;","the health of animals; intellectual property;","the safeguarding and conservation of the","national historic and artistic heritage, social","policy objectives and cultural policy","objectives. According to settled case-law,","purely economic reasons, having","essentially protectionist aims, as well as","purely administrative reasons, such as","carrying out controls or gathering statistics","cannot constitute an overriding reason of","general interest."],"old":["(12) Where the taking-up and pursuit of","certain employed or self-employed","activities are conditional on complying","with certain provisions relating to specific","professional qualifications, laid down","directly or indirectly by the Member States,","it is necessary to ensure that such","provisions are justified by public interest","objectives, such as those within the","meaning of the Treaty, namely public","policy, public security and public health or","by overriding reasons of general interest,","recognised as such in the case-law of the","Court of Justice. It is important to ensure","that public interest objectives are","adequately identified in order to determine","the intensity of the regulation. For","example, in order to ensure a high level of","protection of public health, Member States","should enjoy a margin of discretion to","decide on the degree of protection which","","they wish to afford to public health and on","the way in which that protection is to be","achieved. It is also necessary to clarify that","among the overriding reasons of general","interest, recognised by the Court of Justice,","are preserving the financial equilibrium of","the social security system; the protection of","consumers, recipients of services and","workers; the safeguarding of the proper","administration of justice; fairness of trade","transactions; combating fraud and","prevention of tax evasion and avoidance;","road safety; the protection of the","environment and the urban environment;","the health of animals; intellectual property;","the safeguarding and conservation of the","national historic and artistic heritage, social","policy objectives and cultural policy","objectives. According to settled case-law,","purely economic reasons, having","essentially protectionist aims, as well as","purely administrative reasons, such as","carrying out controls or gathering statistics","cannot constitute an overriding reason of","general interest."],"orig_lang":"en","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"103","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":"Antonio L\u00f3pez-Ist\u00fariz White, Lara Comi","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-104","justification":"The list of overriding reasons of public interest needs to be extended to include additional\nreasons which enhance the protection of people and of general interests, and which are\nuniversally recognised and reflected in various ways in European legislation.","location":[["Proposal for a directive","Recital 12"]],"meps":[28399,96775],"meta":{"created":"2019-07-03T06:36:01"},"new":["(12) Where the taking-up and pursuit of","certain employed or self-employed","activities are conditional on complying","with certain provisions relating to specific","professional qualifications, laid down","directly or indirectly by the Member States,","it is necessary to ensure that such","provisions are justified by public interest","objectives, such as those within the","meaning of the Treaty, namely public","policy, public security and public health or","by overriding reasons of general interest,","recognised as such in the case-law of the","Court of Justice. It is important to ensure","that public interest objectives are","adequately identified in order to determine","the intensity of the regulation. For","example, in order to ensure a high level of","protection of public health, Member States","should enjoy a margin of discretion to","decide on the degree of protection which","they wish to afford to public health and on","the way in which that protection is to be","achieved. It is also necessary to clarify that","among the overriding reasons of general","interest, recognised by the Court of Justice,","are preserving the financial equilibrium of","the social security system; the protection of","consumers, of the recipients of services and","of workers; safeguarding the proper","administration of justice; fairness of trade","transactions; combating fraud and","prevention of tax evasion and avoidance;","road safety; the protection of the","environment and the urban environment;","the health of animals; intellectual property;","the safeguarding and conservation of the","national historic and artistic heritage, social","policy objectives and cultural policy","objectives. According to settled case-law,","purely economic reasons, having","essentially protectionist aims, as well as","purely administrative reasons, such as","carrying out controls or gathering statistics","cannot constitute an overriding reason of","general interest. The security of digital","data, as well as industrial and energy","security, must also be considered to be","principles of general interest."],"old":["(12) Where the taking-up and pursuit of","certain employed or self-employed","activities are conditional on complying","with certain provisions relating to specific","professional qualifications, laid down","","directly or indirectly by the Member States,","it is necessary to ensure that such","provisions are justified by public interest","objectives, such as those within the","meaning of the Treaty, namely public","policy, public security and public health or","by overriding reasons of general interest,","recognised as such in the case-law of the","Court of Justice. It is important to ensure","that public interest objectives are","adequately identified in order to determine","the intensity of the regulation. For","example, in order to ensure a high level of","protection of public health, Member States","should enjoy a margin of discretion to","decide on the degree of protection which","they wish to afford to public health and on","the way in which that protection is to be","achieved. It is also necessary to clarify that","among the overriding reasons of general","interest, recognised by the Court of Justice,","are preserving the financial equilibrium of","the social security system; the protection of","consumers, of the recipients of services and","of workers; safeguarding the proper","administration of justice; fairness of trade","transactions; combating fraud and","prevention of tax evasion and avoidance;","road safety; the protection of the","environment and the urban environment;","the health of animals; intellectual property;","the safeguarding and conservation of the","national historic and artistic heritage, social","policy objectives and cultural policy","objectives. According to settled case-law,","purely economic reasons, having","essentially protectionist aims, as well as","purely administrative reasons, such as","carrying out controls or gathering statistics","cannot constitute an overriding reason of","general interest."],"orig_lang":"es","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"104","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":"Julia Reda","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-105","location":[["Proposal for a directive","Recital 12 a (new)"]],"meps":[124816],"meta":{"created":"2019-07-03T06:36:01"},"new":["(12a) This Directive seeks to strike a","balance between securing public interest","objectives and quality of services on the","one hand, and improving access to, and","exercise of, regulated professions, which","is in the interests of the professionals","themselves, on the other. It is clear from","settled case law of the European Court of","Justice that when one Member State","imposes less strict rules than another","Member State, this does not necessarily","mean that the latter Member State's rules","are disproportionate."],"orig_lang":"en","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"105","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":"Jasenko Selimovic, Dita Charanzov\u00e1","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-106","location":[["Proposal for a directive","Recital 12 a (new)"]],"meps":[134243,124708],"meta":{"created":"2019-07-03T06:36:02"},"new":["(12a) Where an example of regulation of","professions is justified by the protection of","public health, the special characteristics","of health services should be borne in","mind. Health services are very different","from other services, and patients are very","different from other service recipients.","Consequently, health professions should","be considered to be typically subject to","regulation of professions."],"old":["",""],"orig_lang":"en","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"106","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":" Antonio L\u00f3pez-Ist\u00fariz White, Lara Comi","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-107","justification":"It needs to be made clear that this proposal for a directive is to apply, and proportionality\nassessments are to be carried out, when amendments to legislation restricting access to\nregulated professions and the pursuit thereof are substantial in nature and represent a\ngenuine, unjustified and disproportionate obstacle to the pursuit of the profession concerned.","location":[[" Proposal for a directive","Recital 13"]],"meps":[28399,96775],"meta":{"created":"2019-07-03T06:36:02"},"new":["(13) Where a Member State intends to","regulate a profession or to amend existing","rules, account should be taken of the nature","of the risks related to the public interest","objectives pursued, in particular the risks to","consumers, to professionals or third parties.","It should also be borne in mind that, in the","field of professional services, there is","usually an asymmetry of information","between consumers and professionals.","Professionals display a high level of","technical knowledge which consumers may","not have and consumers therefore find it","difficult to judge the quality of the services","provided to them. Member States should","apply the proportionality criteria laid","down in this Directive when introducing","new or substantially amending existing","legislative, regulatory or administrative","provisions, to the extent that those criteria","are relevant for a given profession. The","extent of the assessment should be","proportionate to the nature, the content","and the impact of the provision being","introduced, and should take into account","the entirety of the regulatory context for a","given regulated profession."],"old":["(13) Where a Member State intends to","regulate a profession or to amend existing","rules, account should be taken of the nature","of the risks related to the public interest","objectives pursued, in particular the risks to","consumers, to professionals or third parties.","It should also be borne in mind that, in the","field of professional services, there is","usually an asymmetry of information","between consumers and professionals.","Professionals display a high level of","technical knowledge which consumers may","not have and consumers therefore find it","difficult to judge the quality of the services","provided to them."],"orig_lang":"es","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"107","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":"Andreas Schwab","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-108","location":[["Proposal for a directive","Recital 13"]],"meps":[28223],"meta":{"created":"2019-07-03T06:36:02"},"new":["(13) Where a Member State intends to","regulate a profession or to amend existing","rules, account should be taken of the nature","of the risks related to the public interest","objectives pursued, in particular the risks to","consumers, to professionals or third parties.","It should also be borne in mind that, in the","field of professional services, there is","usually an asymmetry of information","between consumers and professionals.","Professionals have a high level of technical","knowledge which consumers may not have","and consumers therefore find it difficult to","judge the quality of the services provided","to them. Member States should apply the","proportionality criteria laid down in this","Directive when introducing new or","amending existing legislative, regulatory","or administrative provisions to the extent","that those criteria are relevant for a given","profession. The extent of the assessment","should be proportionate to the nature, the","content and the impact of the provision","being introduced, and should take into","account the regulatory context for a given","regulated profession."],"old":["(13) Where a Member State intends to","regulate a profession or to amend existing","rules, account should be taken of the nature","of the risks related to the public interest","objectives pursued, in particular the risks to","consumers, to professionals or third parties.","It should also be borne in mind that, in the","field of professional services, there is","usually an asymmetry of information","between consumers and professionals.","Professionals have a high level of technical","knowledge which consumers may not have","and consumers therefore find it difficult to","judge the quality of the services provided","to them, which may continue to happen","despite the potential reduction in the","asymmetry of information between","professionals and service recipients as a","result of scientific and technological","developments."],"orig_lang":"de","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"108","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":" Philippe Juvin","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-109","location":[[" Proposal for a directive","Recital 13"]],"meps":[96884],"meta":{"created":"2019-07-03T06:36:02"},"new":["(13) Where a Member State intends to","regulate a profession or to amend existing","rules, account should be taken of the nature","of the risks related to the public interest","objectives pursued, in particular the risks to","consumers, to professionals or third parties.","It should also be borne in mind that, in the","field of professional services, there is","usually an asymmetry of information","between consumers and professionals.","Professionals display a high level of","technical knowledge, which consumers","may not have and consumers therefore find","it difficult to judge the quality of the","services provided to them. Member States","should apply the proportionality criteria","laid down in this Directive when","introducing new or amending existing","legislative, regulatory or administrative","provisions to the extent that those criteria","are relevant for a given profession. The","extent of the assessment should be","proportionate to the nature, the content","and the impact of the provision being","introduced for a given regulated","profession."],"old":["(13) Where a Member State intends to","regulate a profession or to amend existing","rules, account should be taken of the nature","of the risks related to the public interest","objectives pursued, in particular the risks to","consumers, to professionals or third parties.","It should also be borne in mind that, in the","field of professional services, there is","usually an asymmetry of information","between consumers and professionals.","Professionals have a high level of technical","knowledge which consumers may not have","and consumers therefore find it difficult to","judge the quality of the services provided","to them."],"orig_lang":"fr","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"109","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":" Adam Szejnfeld","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-110","location":[[" Proposal for a directive","Recital 13"]],"meps":[124890],"meta":{"created":"2019-07-03T06:36:02"},"new":["(13) Where a Member State intends to","regulate a profession or to amend existing","rules, account should be taken of the nature","of the risks related to the public interest","objectives pursued, in particular the risks to","consumers, to professionals or third parties."],"old":["(13) Where a Member State intends to","regulate a profession or to amend existing","","rules, account should be taken of the nature","of the risks related to the public interest","objectives pursued, in particular the risks to","consumers, to professionals or third parties.","It should also be borne in mind that, in","the field of professional services, there is","usually an asymmetry of information","between consumers and professionals.","Professionals display a high level of","technical knowledge which consumers","may not have and consumers therefore","find it difficult to judge the quality of the","services provided to them."],"orig_lang":"pl","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"110","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":"Sergio Gaetano Cofferati, Marc Tarabella, Maria Grapini, Lucy Anderson, Evelyne Gebhardt, Nicola Danti, Christel Schaldemose, Pina Picierno, Sergio Guti\u00e9rrez Prieto","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-111","location":[["Proposal for a directive","Recital 13"]],"meps":[96915,29579,124785,124949,1913,124821,37312,124846,103488],"meta":{"created":"2019-07-03T06:36:02"},"new":["(13) When assessing the proportionality","of the provisions, Member States should","consider the criteria which are relevant","for the provisions being analysed. Where a","Member State intends to regulate a","profession or to amend existing rules,","account should be taken, where relevant,","of the nature of the risks related to the","public interest objectives pursued, in","particular the risks to service recipients,","including consumers, to professionals or","third parties, also where those risks are","not certain or not fully apparent, taking","into account the precautionary principle.","It should also be borne in mind that, in the","field of professional services, there is","usually an asymmetry of information","between consumers and professionals.","Professionals display a high level of","technical knowledge which consumers may","not have and consumers therefore find it","difficult to judge the quality of the services","provided to them."],"old":["(13) Where a Member State intends to","regulate a profession or to amend existing","rules, account should be taken of the nature","of the risks related to the public interest","objectives pursued, in particular the risks to","consumers, to professionals or third parties.","It should also be borne in mind that, in the","field of professional services, there is","usually an asymmetry of information","between consumers and professionals.","Professionals display a high level of","technical knowledge which consumers may","not have and consumers therefore find it","difficult to judge the quality of the services","provided to them.",""],"orig_lang":"en","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"111","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":" Jasenko Selimovic, Dita Charanzov\u00e1","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-112","location":[[" Proposal for a directive","Recital 13"]],"meps":[134243,124708],"meta":{"created":"2019-07-03T06:36:02"},"new":["(13) Where a Member State intends to","regulate a service activity, and in","particular the access to or pursuit of a","profession, or to amend existing rules,","account should be taken of the nature of","the risks related to the public interest","objectives pursued, in particular the risks to","consumers, to professionals or third parties.","It should also be borne in mind that, in the","field of professional services, there is","usually an asymmetry of information","between consumers and professionals.","Professionals display a high level of","technical knowledge which consumers may","not have and consumers therefore find it","difficult to judge the quality of the services","provided to them."],"old":["(13) Where a Member State intends to","regulate a profession or to amend existing","rules, account should be taken of the nature","of the risks related to the public interest","objectives pursued, in particular the risks to","consumers, to professionals or third parties.","It should also be borne in mind that, in the","field of professional services, there is","usually an asymmetry of information","between consumers and professionals.","Professionals display a high level of","technical knowledge which consumers may","not have and consumers therefore find it","difficult to judge the quality of the services","provided to them."],"orig_lang":"en","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"112","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":" Lucy Anderson, Arndt Kohn, Marc Tarabella, Christel Schaldemose, Kerstin Westphal, Sergio Gaetano Cofferati","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-113","location":[[" Proposal for a directive","Recital 13 a (new)"]],"meps":[124949,186884,29579,37312,96839,96915],"meta":{"created":"2019-07-03T06:36:02"},"new":["(13a) Additionally, when making their","assessments of non-discrimination,","justification and proportionality Member","States should also, where relevant, give","full consideration to citizens' rights of","access to justice, as guaranteed pursuant","to Article 47 of the Charter of","Fundamental Rights of the European","Union."],"old":[""],"orig_lang":"en","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"113","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":"Virginie Rozi\u00e8re","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-114","location":[["Proposal for a directive","Recital 14"]],"meps":[103845],"meta":{"created":"2019-07-03T06:36:02"},"new":["(14) To meet the requirement of","proportionality, the measure should be","suitable for securing the attainment of the","objective pursued. A measure should only","be considered suitable for securing the","attainment of the objective pursued, if it","genuinely reflects a concern to attain that","objective in a consistent and systematic","manner, for instance where similar risks","related to certain activities are addressed in","a comparable way and where any","exceptions to the restrictions involved are","applied in line with the stated objective."],"old":["(14) To meet the requirement of","proportionality, the measure should be","suitable for securing the attainment of the","objective pursued. A measure should only","be considered suitable for securing the","attainment of the objective pursued, if it","genuinely reflects a concern to attain that","objective in a consistent and systematic","manner, for instance where similar risks","related to certain activities are addressed in","a comparable way and where any","exceptions to the restrictions involved are","applied in line with the stated objective.","Furthermore, the national measure","should contribute to achieving the","objective pursued and therefore, where it","has no effect on the ground for","justification, it should not be considered","as suitable."],"orig_lang":"fr","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"114","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":"Sergio Gaetano Cofferati, Marc Tarabella, Maria Grapini, Lucy Anderson, Sergio Guti\u00e9rrez Prieto","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-115","location":[["Proposal for a directive","Recital 14"]],"meps":[96915,29579,124785,124949,103488],"meta":{"created":"2019-07-03T06:36:02"},"new":["(14) To meet the requirement of","proportionality, the measure should be","suitable for securing the attainment of the","objective pursued. A measure should only","be considered suitable for securing the","attainment of the objective pursued, if it","genuinely reflects a concern to attain that","objective in a consistent and systematic","manner. Furthermore, the national measure","should contribute to achieving the","objective pursued and therefore, where it","has no effect on the ground for","justification, it should not be considered as","suitable."],"old":["(14) To meet the requirement of","proportionality, the measure should be","suitable for securing the attainment of the","objective pursued. A measure should only","be considered suitable for securing the","attainment of the objective pursued, if it","genuinely reflects a concern to attain that","objective in a consistent and systematic","manner, for instance where similar risks","related to certain activities are addressed","in a comparable way and where any","exceptions to the restrictions involved are","applied in line with the stated objective.","Furthermore, the national measure should","contribute to achieving the objective","pursued and therefore, where it has no","effect on the ground for justification, it","should not be considered as suitable."],"orig_lang":"en","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"115","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":" Antonio L\u00f3pez-Ist\u00fariz White, Lara Comi","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-116","justification":" The degree of legal protection for consumers varies a great deal within the EU. The proposal\n for a directive therefore needs to be more flexible, because having specific professional\n\nqualifications in order to provide a service implies an effective guarantee for the recipients of\nservices, and this bridges any gaps there may be in Member State consumer protection\nlegislation.","location":[[" Proposal for a directive","Recital 15"]],"meps":[28399,96775],"meta":{"created":"2019-07-03T06:36:02"},"new":["(15) Requirements linked to professional","qualifications should be considered as","necessary where existing measures, such as","consumer protection law, cannot be","regarded as being strictly suitable or","genuinely effective to achieve the aim","pursued."],"old":["(15) Requirements linked to professional","qualifications should be considered as","necessary only where existing measures,","such as consumer protection law, cannot be","regarded as being suitable or genuinely","effective to achieve the aim pursued."],"orig_lang":"es","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"116","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":"Antonio L\u00f3pez-Ist\u00fariz White, Lara Comi","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-117","justification":"The criteria set out in the proposal for a directive could produce different results depending\non the approach chosen for the assessment, or on the people or organisations carrying out the\nassessment. Not all the criteria referred to in the proposal for a directive apply to all\n\n professions: if they did, it could result in disproportionate obligations being established in\n some Member States, which would in turn lead to distortions on the market.","location":[["Proposal for a directive","Recital 16"]],"meps":[28399,96775],"meta":{"created":"2019-07-03T06:36:02"},"new":["(16) Among the elements to be taken","into account by national authorities, the","following are of most relevance: the link","between the scope of professional activities","covered by a profession and the","professional qualification required; the","complexity of the tasks in particular as","regards the level, the nature and the","duration of the training or experience","required; the existence of different routes","to obtain the professional qualification; the","scope of the professional activities,","reserved to holders of a particular","professional qualification, and in particular","whether the activities reserved to certain","professionals can be shared with other","professionals; the degree of autonomy in","exercising a regulated profession in","particular where the activities relating to a","regulated profession are pursued under the","control and responsibility of a duly","qualified professional. The failure to take","account of one of the aforementioned","elements does not mean that the","proportionality assessment has not been","carried out correctly."],"old":["(16) Among the elements to be taken","into account by national authorities, the","following are of most relevance: the link","between the scope of professional activities","covered by a profession and the","professional qualification required; the","complexity of the tasks in particular as","regards the level, the nature and the","duration of the training or experience","required; the existence of different routes","to obtain the professional qualification; the","scope of the professional activities,","reserved to holders of a particular","professional qualification, and in particular","whether the activities reserved to certain","professionals can be shared with other","professionals; the degree of autonomy in","exercising a regulated profession in","particular where the activities relating to a","regulated profession are pursued under the","control and responsibility of a duly","qualified professional."],"orig_lang":"es","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"117","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":" Sergio Gaetano Cofferati, Marc Tarabella, Maria Grapini, Lucy Anderson, Arndt Kohn, Kerstin Westphal, Sergio Guti\u00e9rrez Prieto","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-118","location":[[" Proposal for a directive","Recital 16"]],"meps":[96915,29579,124785,124949,186884,96839,103488],"meta":{"created":"2019-07-03T06:36:02"},"new":["(16) Among the elements to be taken","into account, where relevant, by Member","States, the following are of relevance: the","link between the scope of professional","activities covered by a profession and the","professional qualification required; the","complexity of the tasks in particular as","regards the level, the nature and the","duration of the training or experience","required; the existence of different routes","to obtain the professional qualification;","whether the activities reserved to certain","professionals can be shared with other","professionals; the degree of autonomy in","exercising a regulated profession in","particular where the activities relating to a","regulated profession are pursued under the","control and responsibility of a duly","qualified professional."],"old":["(16) Among the elements to be taken","into account by national authorities, the","following are of most relevance: the link","between the scope of professional activities","covered by a profession and the","professional qualification required; the","complexity of the tasks in particular as","regards the level, the nature and the","duration of the training or experience","required; the existence of different routes","to obtain the professional qualification; the","scope of the professional activities,","reserved to holders of a particular","professional qualification, and in","particular whether the activities reserved","to certain professionals can be shared with","other professionals; the degree of","autonomy in exercising a regulated","profession in particular where the activities","relating to a regulated profession are","pursued under the control and","responsibility of a duly qualified","professional."],"orig_lang":"en","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"118","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":" Jasenko Selimovic, Dita Charanzov\u00e1","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-119","location":[[" Proposal for a directive","Recital 16"]],"meps":[134243,124708],"meta":{"created":"2019-07-03T06:36:03"},"new":["(16) Among the elements to be taken","into account by national authorities, the","following are of most relevance when","assessing the requirements falling within","the scope of Directive 2005/36/EC: the","link between the scope of professional","activities covered by a profession and the","professional qualification required; the","complexity of the tasks in particular as","regards the level, the nature and the","duration of the training or experience","required; the existence of different routes","to obtain the professional qualification; the","scope of the professional activities,","reserved to holders of a particular","professional qualification, and in particular","whether the activities reserved to certain","professionals can be shared with other","professionals; the degree of autonomy in","exercising a regulated profession in","particular where the activities relating to a","regulated profession are pursued under the","control and responsibility of a duly","qualified professional."],"old":["(16) Among the elements to be taken","into account by national authorities, the","following are of most relevance: the link","between the scope of professional activities","covered by a profession and the","professional qualification required; the","complexity of the tasks in particular as","regards the level, the nature and the","duration of the training or experience","required; the existence of different routes","to obtain the professional qualification; the","scope of the professional activities,","reserved to holders of a particular","professional qualification, and in particular","whether the activities reserved to certain","professionals can be shared with other","professionals; the degree of autonomy in","exercising a regulated profession in","particular where the activities relating to a","regulated profession are pursued under the","control and responsibility of a duly","qualified professional."],"orig_lang":"en","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"119","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":"Richard Sul\u00edk","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-120","location":[["Proposal for a directive","Recital 17"]],"meps":[124928],"meta":{"created":"2019-07-03T06:36:03"},"new":["deleted"],"old":["(17) Where a Member State regulates a","profession, account should be taken of the","fact that technological developments may","reduce the asymmetry of information","between consumers and professionals. In","view of the speed of technological change","and scientific progress, up-dates in access","requirements may be of particular","importance for a number of professions."],"orig_lang":"en","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"120","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":" Sergio Gaetano Cofferati, Marc Tarabella, Maria Grapini, Lucy Anderson, Evelyne Gebhardt, Nicola Danti, Christel Schaldemose, Arndt Kohn, Pina Picierno, Sergio Guti\u00e9rrez Prieto","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-121","location":[[" Proposal for a directive","Recital 17"]],"meps":[96915,29579,124785,124949,1913,124821,37312,186884,124846,103488],"meta":{"created":"2019-07-03T06:36:03"},"new":["(17) Where a Member State regulates a","profession, account should be taken, where","relevant, of the fact that developments may","reduce or increase the asymmetry of","information between consumers and","professionals. In view of the speed of","technological change and scientific","progress, up-dates in access requirements","may be of particular importance for a","number of professions. Where","developments, including technological","changes, carry a risk for the public","interest objectives, it is for the Member","States to provide for stricter regulation","ensuring that professionals keep up with","those developments."],"old":["(17) Where a Member State regulates a","profession, account should be taken of the","fact that technological developments may","reduce the asymmetry of information","between consumers and professionals. In","view of the speed of technological change","and scientific progress, up-dates in access","requirements may be of particular","importance for a number of professions."],"orig_lang":"en","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"121","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":" Jasenko Selimovic, Dita Charanzov\u00e1","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-122","location":[[" Proposal for a directive","Recital 17"]],"meps":[134243,124708],"meta":{"created":"2019-07-03T06:36:03"},"new":["(17) Where a Member State regulates a","service activity or a profession, account","should be taken of the fact that","technological developments may reduce","the asymmetry of information between","consumers and professionals. In view of","the speed of technological change and","scientific progress, up-dates in access","requirements may be of particular","importance for a number of service","activities and regulated professions."],"old":["(17) Where a Member State regulates a","profession, account should be taken of the","fact that technological developments may","reduce the asymmetry of information","between consumers and professionals. In","view of the speed of technological change","","and scientific progress, up-dates in access","requirements may be of particular","importance for a number of professions."],"orig_lang":"en","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"122","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":"Adam Szejnfeld","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-123","location":[["Proposal for a directive","Recital 17"]],"meps":[124890],"meta":{"created":"2019-07-03T06:36:03"},"new":["(17) Where a Member State regulates a","profession, account should be taken of the","fact that technological developments may","reduce the asymmetry of information","between consumers and professionals. In","view of the speed of technological change","and scientific progress, the reduction of","bureaucratic barriers, and up-dates in","access requirements may be of particular","importance for a number of professions."],"old":["(17) Where a Member State regulates a","profession, account should be taken of the","fact that technological developments may","reduce the asymmetry of information","between consumers and professionals. In","view of the speed of technological change","and scientific progress, up-dates in access","requirements may be of particular","importance for a number of professions."],"orig_lang":"pl","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"123","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":"Sergio Gaetano Cofferati, Marc Tarabella, Maria Grapini, Christel Schaldemose, Arndt Kohn, Kerstin Westphal, Sergio Guti\u00e9rrez Prieto","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-124","location":[["Proposal for a directive","Recital 18"]],"meps":[96915,29579,124785,37312,186884,96839,103488],"meta":{"created":"2019-07-03T06:36:03"},"new":["(18) The impact of the measure on the","quality of the service provided and on the","free movement of persons and services","within the Union and on the freedom to","choose an occupation should be duly","taken into account, where relevant, by the","Member States;"],"old":["(18) The economic impact of the","measure, including a cost-benefit analysis","with particular regard to the degree of","competition in the market and the quality","of the service provided, as well as the","impact on the right to work and on the free","movement of persons and services within","","the Union should be duly taken into","account by the competent authorities.","Based on this analysis, Member States","should ascertain, in particular, whether","the extent of the restriction of access to or","pursuit of regulated professions within the","Union is proportionate to the importance","of the objectives pursued and the expected","gains."],"orig_lang":"en","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"124","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":" Ivan \u0160tefanec, Lud\u011bk Niedermayer","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-125","justification":" Restrictions must be assessed as to their impact on factors such as employment, prices,\n\navailability of services. The intention of the proportionality test in its entirety is to find a\nbalance between the guaranteed freedoms and the restriction imposed to protect public\ninterest objective. Economic impact is one of the many criteria, the importance of which\nwould depend on the nature and the contents of the provisions being introduced. Hence it is\nsuggested clarifying that the importance of economic considerations might vary depending of\nthe specific context, such as the area of public health.","location":[[" Proposal for a directive","Recital 18"]],"meps":[124929,124701],"meta":{"created":"2019-07-03T06:36:03"},"new":["(18) The economic impact of the","measure, including a cost-benefit analysis","with particular regard to the degree of","competition in the market and the quality","of the service provided, as well as the","impact on the right to work and on the free","movement of persons and services within","the Union should be duly taken into","account by the competent authorities.","Based on this analysis, Member States","should ascertain, in particular, whether the","extent of the restriction of access to or","pursuit of regulated professions within the","Union is proportionate to the importance of","the objectives pursued and the expected","gains. With regard to protection of public","health, the Member States should be able","to decide on the degree of importance of","economic considerations in relation to","other relevant proportionality criteria."],"old":["(18) The economic impact of the","measure, including a cost-benefit analysis","with particular regard to the degree of","competition in the market and the quality","of the service provided, as well as the","impact on the right to work and on the free","movement of persons and services within","the Union should be duly taken into","account by the competent authorities.","Based on this analysis, Member States","should ascertain, in particular, whether the","extent of the restriction of access to or","pursuit of regulated professions within the","Union is proportionate to the importance of","the objectives pursued and the expected","gains."],"orig_lang":"en","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"125","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":"Virginie Rozi\u00e8re","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-126","location":[["Proposal for a directive","Recital 18"]],"meps":[103845],"meta":{"created":"2019-07-03T06:36:03"},"new":["(18) The economic impact of the","measure, including a cost-benefit analysis","with particular regard to the degree of","competition in the market and the quality","of the service provided, as well as the","impact on the right to work and on the free","movement of persons and services within","the Union should be taken into","consideration by the competent","authorities; This analysis should not be the","sole evaluation criterion for the","proportionality of a measure aimed at","protecting an objective of general interest."],"old":["(18) The economic impact of the","measure, including a cost-benefit analysis","with particular regard to the degree of","competition in the market and the quality","of the service provided, as well as the","impact on the right to work and on the free","movement of persons and services within","the Union should be duly taken into","account by the competent authorities;","Based on this analysis, Member States","should ascertain, in particular, whether","the extent of the restriction of access to or","pursuit of regulated professions within the","Union is proportionate to the importance","of the objectives pursued and the expected","gains."],"orig_lang":"fr","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"126","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":"Lambert van Nistelrooij","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-127","location":[["Proposal for a directive","Recital 18"]],"meps":[28165],"meta":{"created":"2019-07-03T06:36:03"},"new":["(18) The economic impact of the","measure, including a cost-benefit analysis","with particular regard to the degree of","competition in the market and the quality","of the service provided, as well as the","impact on the right to work and on the free","movement of persons and services within","the Union, having due regard to the","specific situation of cross-border regions,","should be duly taken into account by the","competent authorities. Based on this","analysis, Member States should ascertain,","in particular, whether the extent of the","restriction of access to or pursuit of","regulated professions within the Union is","proportionate to the importance of the","objectives pursued and the expected gains."],"old":["(18) The economic impact of the","measure, including a cost-benefit analysis","with particular regard to the degree of","","competition in the market and the quality","of the service provided, as well as the","impact on the right to work and on the free","movement of persons and services within","the Union should be duly taken into","account by the competent authorities.","Based on this analysis, Member States","should ascertain, in particular, whether the","extent of the restriction of access to or","pursuit of regulated professions within the","Union is proportionate to the importance of","the objectives pursued and the expected","gains."],"orig_lang":"en","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"127","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":" Jasenko Selimovic, Dita Charanzov\u00e1","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-128","location":[[" Proposal for a directive","Recital 18"]],"meps":[134243,124708],"meta":{"created":"2019-07-03T06:36:03"},"new":["(18) The economic impact of the","measure, including a cost-benefit analysis","with particular regard to the degree of","competition in the market and the quality","of the service provided, as well as the","impact on the right to work and on the free","movement of persons and services within","the Union should be duly taken into","account by the competent authorities.","Based on this analysis, Member States","should ascertain, in particular, whether the","extent of the restriction of access to or","pursuit of service activities, including the","activities of regulated professions, within","the Union is proportionate to the","importance of the objectives pursued and","the expected gains."],"old":["(18) The economic impact of the","measure, including a cost-benefit analysis","with particular regard to the degree of","competition in the market and the quality","of the service provided, as well as the","impact on the right to work and on the free","movement of persons and services within","the Union should be duly taken into","account by the competent authorities.","Based on this analysis, Member States","should ascertain, in particular, whether the","extent of the restriction of access to or","pursuit of regulated professions within the","Union is proportionate to the importance of","the objectives pursued and the expected","gains."],"orig_lang":"en","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"128","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":"Sergio Gaetano Cofferati, Marc Tarabella, Maria Grapini, Lucy Anderson, Evelyne Gebhardt, Nicola Danti, Christel Schaldemose, Arndt Kohn, Kerstin Westphal, Sergio Guti\u00e9rrez Prieto","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-129","location":[["Proposal for a directive","Recital 19"]],"meps":[96915,29579,124785,124949,1913,124821,37312,186884,96839,103488],"meta":{"created":"2019-07-03T06:36:03"},"new":["(19) Member States should consider,","where relevant, the possibility to use less","restrictive solutions to achieve the same","public interest objective."],"old":["(19) Member States should carry out a","comparison between the national measure","at issue and the alternative and less","restrictive solutions that would allow the","same objective to be attained but would","impose fewer restrictions. Where the","measures are justified by consumer","protection and where the risks identified","are limited to the relationship between the","professional and the consumer without","negatively affecting third parties, the","objective could be attained by less","restrictive means than reserving activities","to professionals, such as protection of the","professional title or enrolment on a","professional register. Regulation by way","of reserved activities should be used only","in cases where the measures aim at","preventing a risk of serious harm to public","interest objectives."],"orig_lang":"en","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"129","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":"Virginie Rozi\u00e8re","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-130","location":[["Proposal for a directive","Recital 19"]],"meps":[103845],"meta":{"created":"2019-07-03T06:36:03"},"new":["(19) Member States should carry out a","comparison between the national measure","at issue and the alternative and less","restrictive solutions that would allow the","same objective to be attained but would","impose fewer restrictions."],"old":["(19) Member States should carry out a","comparison between the national measure","at issue and the alternative and less","restrictive solutions that would allow the","same objective to be attained but would","impose fewer restrictions. Where the","","measures are justified by consumer","protection and where the risks identified","are limited to the relationship between the","professional and the consumer without","negatively affecting third parties, the","objective could be attained by less","restrictive means than reserving activities","to professionals, such as protection of the","professional title or enrolment on a","professional register. Regulation by way","of reserved activities should be used only","in cases where the measures aim at","preventing a risk of serious harm to","public interest objectives."],"orig_lang":"fr","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"130","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":" Andreas Schwab","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-131","location":[[" Proposal for a directive","Recital 19"]],"meps":[28223],"meta":{"created":"2019-07-03T06:36:03"},"new":["(19) Member States should carry out a","comparison between the national measure","at issue and the alternative and less","restrictive solutions that would allow the","same objective to be attained but would","impose fewer restrictions. Where the","measures are justified solely by consumer","protection and where the risks identified","are limited to the relationship between the","professional and the consumer without","negatively affecting third parties or the","legal process, the objective should be","attained by less restrictive means than","reserving activities to professionals. For","instance, where consumers can","reasonably make a choice between using","the services of qualified professionals or","not, less restrictive means, such as","protection of the professional title or","enrolment on a professional register,","should be used. Regulation by way of","reserved activities and protected","professional titles should be considered","where the measures aim at preventing a","risk of serious harm to public interest","objectives."],"old":["(19) Member States should carry out a","comparison between the national measure","at issue and the alternative and less","restrictive solutions that would allow the","same objective to be attained but would","impose fewer restrictions. Where the","measures are justified by consumer","protection and where the risks identified","are limited to the relationship between the","professional and the consumer without","negatively affecting third parties, the","objective could be attained by less","restrictive means than reserving activities","to professionals, such as protection of the","professional title or enrolment on a","professional register. Regulation by way of","reserved activities should be used only in","cases where the measures aim at","preventing a risk of serious harm to public","interest objectives.",""],"orig_lang":"de","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"131","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":"Ivan \u0160tefanec, Lud\u011bk Niedermayer","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-132","location":[["Proposal for a directive","Recital 19"]],"meps":[124929,124701],"meta":{"created":"2019-07-03T06:36:03"},"new":["(19) Member States should carry out a","comparison between the national measure","at issue and the alternative and less","restrictive solutions that would allow the","same objective to be attained but would","impose fewer restrictions. Where the","measures are justified by consumer","protection and where the risks identified","are limited to the relationship between the","professional and the consumer without","negatively affecting third parties, the","objective could be attained by less","restrictive means than reserving activities","to professionals, such as protection of the","professional title or enrolment on a","professional register. Regulation by way of","reserved activities should be used only in","cases where the measures aim at","preventing a risk of serious harm to public","interest objectives. This Directive should","apply to requirements concerning","compulsory chamber membership, in","particular where those requirements","imply additional cost or administrative","procedures."],"old":["(19) Member States should carry out a","comparison between the national measure","at issue and the alternative and less","restrictive solutions that would allow the","same objective to be attained but would","impose fewer restrictions. Where the","measures are justified by consumer","protection and where the risks identified","are limited to the relationship between the","professional and the consumer without","negatively affecting third parties, the","objective could be attained by less","restrictive means than reserving activities","to professionals, such as protection of the","professional title or enrolment on a","professional register. Regulation by way of","reserved activities should be used only in","cases where the measures aim at","preventing a risk of serious harm to public","interest objectives."],"orig_lang":"en","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"132","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":"Richard Sul\u00edk","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-133","location":[[" Proposal for a directive","Recital 19"]],"meps":[124928],"meta":{"created":"2019-07-03T06:36:03"},"new":["(19) Member States should carry out a","comparison between the national measure","at issue and the alternative and less","restrictive solutions that would allow the","same objective to be attained but would","impose fewer restrictions. Where the","measures are justified by consumer","protection and where the risks identified","are limited to the relationship between the","professional and the consumer without","negatively affecting third parties, the","objective could be attained by less","restrictive means than reserving activities","to professionals, such as protection of the","professional title or enrolment on a","professional register. Regulation by way of","reserved activities should be used only in","cases where the measures aim at","preventing a risk of serious harm to public","interest objectives. The fact that one","Member State imposes less strict rules","than another Member State does not","mean that the latter's rules are","disproportionate and incompatible with","EU law."],"old":["(19) Member States should carry out a","comparison between the national measure","at issue and the alternative and less","restrictive solutions that would allow the","same objective to be attained but would","impose fewer restrictions. Where the","measures are justified by consumer","protection and where the risks identified","are limited to the relationship between the","professional and the consumer without","negatively affecting third parties, the","objective could be attained by less","restrictive means than reserving activities","to professionals, such as protection of the","professional title or enrolment on a","professional register. Regulation by way of","reserved activities should be used only in","cases where the measures aim at","preventing a risk of serious harm to public","interest objectives."],"orig_lang":"en","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"133","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":" Antonio L\u00f3pez-Ist\u00fariz White, Lara Comi","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-134","justification":"Some professional activities \u2013 owing to the safety risk posed to the consumer and to third\nparties \u2013 are reserved to holders of a professional title, which is generally obtained following\nthe award of a basic academic qualification and/or by gaining a number of years of proven\nprofessional experience. The proposal for a directive must reflect this reality, the reason for\nwhich is to ensure that the public interest is protected.","location":[[" Proposal for a directive","Recital 19"]],"meps":[28399,96775],"meta":{"created":"2019-07-03T06:36:03"},"new":["(19) Member States should carry out a","comparison between the national measure","at issue and the alternative and less","restrictive solutions that would allow the","same objective to be attained but would","impose fewer restrictions. Where the","measures are justified by consumer","protection and where the risks identified","are limited to the relationship between the","professional and the consumer without","negatively affecting third parties, the","objective could be attained by less","restrictive means. Regulation by way of","reserved activities should be used in cases","where the measures aim at preventing a","risk of harm to public interest objectives."],"old":["(19) Member States should carry out a","comparison between the national measure","at issue and the alternative and less","restrictive solutions that would allow the","same objective to be attained but would","","impose fewer restrictions. Where the","measures are justified by consumer","protection and where the risks identified","are limited to the relationship between the","professional and the consumer without","negatively affecting third parties, the","objective could be attained by less","restrictive means than reserving activities","to professionals, such as protection of the","professional title or enrolment on a","professional register. Regulation by way","of reserved activities should be used only","in cases where the measures aim at","preventing a risk of serious harm to public","interest objectives."],"orig_lang":"es","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"134","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":"Julia Reda","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-135","location":[["Proposal for a directive","Recital 20"]],"meps":[124816],"meta":{"created":"2019-07-03T06:36:03"},"new":["(20) The national authorities should","carry out a global assessment of the","circumstances in which the restrictive","measure is adopted and implemented and","examine in particular the cumulative effect","of imposing several requirements in","addition to the specific professional","qualification. The taking-up and pursuit of","certain activities may be conditional on","complying with certain provisions such as","rules relating to the organisation of the","profession, compulsory membership of a","professional body, professional ethics,","supervision and liability. Therefore, when","assessing the cumulative effect of the","measures, the competent authorities should","also take into account other existing","requirements, such as continuous","professional development, compulsory","chamber membership, registration or","authorisation schemes, quantitative","restrictions, specific legal form","requirements and shareholding","requirements, territorial restrictions,","multidisciplinary restrictions and","incompatibility rules, requirements","concerning insurance cover as well as","language knowledge requirements, to the","extent necessary to practise the profession.","When doing so, existing requirements","which are not being amended would not","be subject to a new proportionality","assessment. A measure introduced by a","Member State cannot be regarded as","necessary to achieve the objective pursued","if it essentially duplicates requirements","which have already been introduced in the","context of other rules or procedures."],"old":["(20) The national authorities should","carry out a global assessment of the","circumstances in which the restrictive","measure is adopted and implemented and","examine in particular the cumulative effect","of imposing several requirements in","addition to the specific professional","qualification. The taking-up and pursuit of","certain activities may be conditional on","complying with certain provisions such as","rules relating to the organisation of the","profession, compulsory membership of a","","professional body, professional ethics,","supervision and liability. Therefore, when","assessing the cumulative effect of the","measures, the competent authorities should","also take into account other existing","requirements, such as continuous","professional development, compulsory","chamber membership, registration or","authorisation schemes, quantitative","restrictions, specific legal form","requirements and shareholding","requirements, territorial restrictions,","multidisciplinary restrictions and","incompatibility rules, requirements","concerning insurance cover as well as","language knowledge requirements, to the","extent necessary to practise the profession.","A measure introduced by a Member State","cannot be regarded as necessary to achieve","the objective pursued if it essentially","duplicates requirements which have","already been introduced in the context of","other rules or procedures."],"orig_lang":"en","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"135","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":" Adam Szejnfeld","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-136","location":[[" Proposal for a directive","Recital 20"]],"meps":[124890],"meta":{"created":"2019-07-03T06:36:04"},"new":["(20) The national authorities should","carry out a global assessment of the","circumstances in which the restrictive","measure is adopted and implemented and","examine in particular the cumulative effect","of imposing several requirements in","addition to the specific professional","qualification. The taking-up and pursuit of","certain activities may be conditional on","complying with certain provisions such as","rules relating to the organisation of the","profession, compulsory membership of a","professional body, professional ethics,","supervision and liability. Therefore, when","assessing the cumulative effect of the","measures, the competent authorities should","also take into account other existing","requirements, such as continuous","professional development, compulsory","chamber membership, registration or","authorisation schemes, quantitative","restrictions, specific legal form","requirements and shareholding","requirements, territorial restrictions,","multidisciplinary restrictions and","incompatibility rules, requirements","concerning insurance cover as well as","language knowledge requirements, to the","extent necessary to practise the profession.","A measure introduced by a Member State","cannot be regarded as necessary to achieve","the objective pursued if it essentially","duplicates requirements which have","already been introduced in the context of","other rules or procedures or it is clearly","disproportionate to needs."],"old":["(20) The national authorities should","carry out a global assessment of the","circumstances in which the restrictive","measure is adopted and implemented and","examine in particular the cumulative effect","of imposing several requirements in","addition to the specific professional","qualification. The taking-up and pursuit of","certain activities may be conditional on","complying with certain provisions such as","","rules relating to the organisation of the","profession, compulsory membership of a","professional body, professional ethics,","supervision and liability. Therefore, when","assessing the cumulative effect of the","measures, the competent authorities should","also take into account other existing","requirements, such as continuous","professional development, compulsory","chamber membership, registration or","authorisation schemes, quantitative","restrictions, specific legal form","requirements and shareholding","requirements, territorial restrictions,","multidisciplinary restrictions and","incompatibility rules, requirements","concerning insurance cover as well as","language knowledge requirements, to the","extent necessary to practise the profession.","A measure introduced by a Member State","cannot be regarded as necessary to achieve","the objective pursued if it essentially","duplicates requirements which have","already been introduced in the context of","other rules or procedures."],"orig_lang":"pl","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"136","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":"Jasenko Selimovic, Dita Charanzov\u00e1","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-137","location":[["Proposal for a directive","Recital 20"]],"meps":[134243,124708],"meta":{"created":"2019-07-03T06:36:04"},"new":["(20) The national authorities should","carry out a global assessment of the","circumstances in which the restrictive","measure is adopted and implemented and","examine in particular the cumulative effect","of imposing several requirements. The","taking-up and pursuit of certain activities","may be conditional on complying with","certain provisions such as rules relating to","the organisation of the profession,","compulsory membership of a professional","body, professional ethics, supervision and","liability. Therefore, when assessing the","cumulative effect of the measures, the","competent authorities should also take into","account other existing requirements, such","as continuous professional development,","compulsory chamber membership,","registration or authorisation schemes,","quantitative restrictions, specific legal form","requirements and shareholding","requirements, territorial restrictions,","multidisciplinary restrictions and","incompatibility rules, requirements","concerning insurance cover, language","knowledge requirements, authorisation","schemes, restrictions on advertising as","well as mandatory tariff requirements, to","the extent necessary to exercise service","activities or practise the profession. A","measure introduced by a Member State","cannot be regarded as necessary to achieve","the objective pursued if it essentially","duplicates requirements which have","already been introduced in the context of","other rules or procedures."],"old":["(20) The national authorities should","carry out a global assessment of the","circumstances in which the restrictive","measure is adopted and implemented and","examine in particular the cumulative effect","of imposing several requirements in","addition to the specific professional","qualification. The taking-up and pursuit of","certain activities may be conditional on","complying with certain provisions such as","","rules relating to the organisation of the","profession, compulsory membership of a","professional body, professional ethics,","supervision and liability. Therefore, when","assessing the cumulative effect of the","measures, the competent authorities should","also take into account other existing","requirements, such as continuous","professional development, compulsory","chamber membership, registration or","authorisation schemes, quantitative","restrictions, specific legal form","requirements and shareholding","requirements, territorial restrictions,","multidisciplinary restrictions and","incompatibility rules, requirements","concerning insurance cover as well as","language knowledge requirements, to the","extent necessary to practise the profession.","A measure introduced by a Member State","cannot be regarded as necessary to achieve","the objective pursued if it essentially","duplicates requirements which have","already been introduced in the context of","other rules or procedures."],"orig_lang":"en","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"137","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":" Sergio Gaetano Cofferati, Marc Tarabella, Maria Grapini, Lucy Anderson, Evelyne Gebhardt, Nicola Danti, Arndt Kohn, Kerstin Westphal, Pina Picierno, Sergio Guti\u00e9rrez Prieto","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-138","location":[[" Proposal for a directive","Recital 20"]],"meps":[96915,29579,124785,124949,1913,124821,186884,96839,124846,103488],"meta":{"created":"2019-07-03T06:36:04"},"new":["(20) Where relevant, Member States","should carry out an assessment of the","circumstances in which the measure is","adopted and implemented and examine in","particular the effect of the new or amended","provisions when combined with other","requirements restricting access to or","pursuit of the profession. The taking-up","and pursuit of certain activities may be","conditional on complying with certain","provisions such as rules relating to the","organisation of the profession, compulsory","membership of a professional body,","professional supervision and liability.","Therefore, when assessing the effect of the","new or amended measures, Member States","should also take into account, where","relevant, the effects of those measures","combined with other existing requirements,","such as compulsory chamber membership,","registration or authorisation schemes,","quantitative restrictions, specific legal form","requirements and shareholding","requirements, territorial restrictions,","multidisciplinary restrictions and","incompatibility rules, requirements","concerning insurance cover as well as","language knowledge requirements, to the","extent necessary to practise the profession.","In carrying out this assessment, existing","requirements which are not being","amended should not be subject to the","proportionality assessment."],"old":["(20) The national authorities should","carry out a global assessment of the","circumstances in which the restrictive","measure is adopted and implemented and","examine in particular the cumulative effect","of imposing several requirements in","addition to the specific professional","qualification. The taking-up and pursuit of","","certain activities may be conditional on","complying with certain provisions such as","rules relating to the organisation of the","profession, compulsory membership of a","professional body, professional ethics,","supervision and liability. Therefore, when","assessing the cumulative effect of the","measures, the competent authorities","should also take into account other existing","requirements, such as continuous","professional development, compulsory","chamber membership, registration or","authorisation schemes, quantitative","restrictions, specific legal form","requirements and shareholding","requirements, territorial restrictions,","multidisciplinary restrictions and","incompatibility rules, requirements","concerning insurance cover as well as","language knowledge requirements, to the","extent necessary to practise the profession.","A measure introduced by a Member State","cannot be regarded as necessary to","achieve the objective pursued if it","essentially duplicates requirements which","have already been introduced in the","context of other rules or procedures."],"orig_lang":"en","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"138","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":"Antonio L\u00f3pez-Ist\u00fariz White, Lara Comi","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-139","justification":" In line with established case law, Member States are free to impose requirements on access to\n certain professions, such as membership of professional organisations, continuous training\n etc., which can be important to achieve the public interest objective and should be accepted,\n unless they are disproportionate. It is therefore necessary to clarify in which cases such\n requirements are deemed to be appropriate.","location":[["Proposal for a directive","Recital 20 a (new)"]],"meps":[28399,96775],"meta":{"created":"2019-07-03T06:36:04"},"new":["(20a) The introduction of additional","requirements might be suitable to attain","the public interest objectives. The mere","fact that their individual or combined","effect should be assessed does not mean","that those requirements are prima facie","disproportionate. For example, the","obligation to undergo continuous","professional development might be","suitable to ensure that professionals keep","abreast of developments in their respective","areas, as long as it does not lay down","discriminatory and disproportionate","conditions to the detriment of new","entrants. Likewise, compulsory","membership of a professional","organisation should be considered","appropriate where professional","organisations are entrusted by the State","with safeguarding the relevant public","interest objectives, for example in","supervising the legitimate practice of the","profession, or organising or supervising","continuous professional training; where","the independence of a profession cannot","be adequately guaranteed by other means,","Member States may consider the","application of safeguards, such as","limiting the shareholding of persons","outside the profession or providing that","the majority of the voting rights are to be","held by persons practising the profession,","as long as such safeguards do not go","beyond what is necessary in order to","protect the public interest objective.","Where the introduction of additional","requirements duplicates requirements","which have already been introduced by a","Member State in the context of other rules","or procedures, such requirements cannot","be regarded as proportionate to achieve","the objective pursued."],"old":[""],"orig_lang":"es","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"139","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":" Jasenko Selimovic, Dita Charanzov\u00e1","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-140","location":[["Proposal for a directive","Recital 20 a (new)"]],"meps":[134243,124708],"meta":{"created":"2019-07-03T06:36:04"},"new":["(20a) The proportionality criteria as set","out in this Directive should be applied to","the appropriate extent and degree of","intensity as part of an assessment of","proportionality to be undertaken before","introducing new or amended legislative,","regulatory or administrative provisions","restricting access to or pursuit of service","activities, including the activities of","regulated professions. The extent and","degree of intensity applied during the","assessment should be proportionate to the","content of the provision being introduced","and its impact."],"orig_lang":"en","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"140","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":"Julia Reda","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-141","location":[["Proposal for a directive","Recital 20 a (new)"]],"meps":[124816],"meta":{"created":"2019-07-03T06:36:04"},"new":["(20a) According to Article 168(1) of the","Treaty on the Functioning of the","European Union (TFEU), a high level of","human health protection shall be ensured","in the definition and implementation of","all Union policies and activities. This also","implies that a high level of human health","protection is to be ensured when the","Union adopts acts under other Treaty","provisions."],"orig_lang":"en","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"141","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":" Sergio Gaetano Cofferati, Marc Tarabella, Maria Grapini, Evelyne Gebhardt, Nicola Danti, Christel Schaldemose, Pina Picierno, Sergio Guti\u00e9rrez Prieto","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-142","location":[[" Proposal for a directive","Recital 20 a (new)"]],"meps":[96915,29579,124785,1913,124821,37312,124846,103488],"meta":{"created":"2019-07-03T06:36:04"},"new":["(20a) The need to assess the effects of","additional requirements combined with","existing measures does not mean that the","new requirements are disproportionate,","since those can have a positive effect for","the public interest objectives."],"orig_lang":"en","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"142","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":" Julia Reda","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-143","location":[[" Proposal for a directive","Recital 20 b (new)"]],"meps":[124816],"meta":{"created":"2019-07-03T06:36:04"},"new":["(20 b) This Directive should respect","Member States' competence to regulate","professions in the field of health care","based on Article 168(7) TFEU as well as","Member States' intention to provide and","guarantee a high level of health care and","patient safety. For this purpose, Member","States should be able to give less weight to","economic considerations in relation to","public policy objectives and other relevant","proportionality criteria."],"orig_lang":"en","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"143","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":" Antonio L\u00f3pez-Ist\u00fariz White, Lara Comi","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-144","justification":"The objectives of making sure that proportionality assessments are reliable and comparable\ncould be met if there were a standardised \u2018method\u2019 the Member States had to use in order to\ncarry out the assessments. This would also make it possible to ensure that the rules are\napplied in the same way by all the national authorities.","location":[[" Proposal for a directive","Recital 20 b (new)"]],"meps":[28399,96775],"meta":{"created":"2019-07-03T06:36:04"},"new":["(20b) Proportionality assessments on","legislation restricting access to regulated","professions must be accompanied by a","methodology that makes it clear what","steps competent authorities are required","to take, and stakeholders such as","professional organisations also need to be","involved in the process."],"orig_lang":"es","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"144","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":"Sergio Gaetano Cofferati, Marc Tarabella, Maria Grapini, Lucy Anderson, Olga Sehnalov\u00e1, Nicola Danti, Arndt Kohn, Kerstin Westphal, Pina Picierno, Sergio Guti\u00e9rrez Prieto","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-145","location":[["Proposal for a directive","Recital 21"]],"meps":[96915,29579,124785,124949,96718,124821,186884,96839,124846,103488],"meta":{"created":"2019-07-03T06:36:04"},"new":["(21) It is essential for the proper","functioning of the internal market to ensure","that Member States, before introducing","new, or amending existing, measures","restricting access to or pursuit of","regulated professions, publicly disclose","the relevant information on the provisions,","adequately consult citizens, service","recipients, including consumers,","representative associations, social partners","and other relevant stakeholders, including","those who are not members of the","profession, and give them the opportunity","to make known their views."],"old":["(21) It is essential for the proper","functioning of the internal market to ensure","that Member States provide information to","citizens, representative associations or","other relevant stakeholders before","introducing new measures restricting","access to or pursuit of regulated","professions and give them the opportunity","to make known their views."],"orig_lang":"en","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"145","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":" Antonio L\u00f3pez-Ist\u00fariz White, Lara Comi","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-146","justification":" Professional organisations, which know the ins and outs of the profession, should be informed\n when new measures are introduced that restrict or ease access to, or pursuit of, regulated\n professions, enabling them to voice their opinions and points of view.","location":[[" Proposal for a directive","Recital 21"]],"meps":[28399,96775],"meta":{"created":"2019-07-03T06:36:04"},"new":["(21) It is essential for the proper","functioning of the internal market to 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Charanzov\u00e1","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-147","location":[[" Proposal for a directive","Recital 21"]],"meps":[134243,124708],"meta":{"created":"2019-07-03T06:36:04"},"new":["(21) It is essential for the proper","functioning of the internal market to ensure","that Member States consult citizens,","representative associations or other","relevant stakeholders before introducing","new measures restricting access to or","pursuit of service activities, including the","activities of regulated professions, and that","they take account of their views."],"old":["(21) It is essential for the proper","functioning of the internal market to ensure","that Member States provide information to","citizens, representative associations or","other relevant stakeholders before","introducing new measures restricting","access to or pursuit of regulated","professions and give them the opportunity","","to make known their 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other Member","States on the regulation of professions."],"orig_lang":"en","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"149","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":" Sergio Gaetano Cofferati, Marc Tarabella, Maria Grapini, Evelyne Gebhardt, Olga Sehnalov\u00e1, Nicola Danti, Arndt Kohn, Kerstin Westphal, Pina Picierno, Sergio Guti\u00e9rrez Prieto","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-150","location":[[" Proposal for a directive","Recital 22"]],"meps":[96915,29579,124785,1913,96718,124821,186884,96839,124846,103488],"meta":{"created":"2019-07-03T06:36:04"},"new":["(22) To promote the exchange of best","practices, the Commission should","encourage Member States to share","adequate and regularly updated","information with other Member States on","the regulation of professions and facilitate","such exchange."],"old":["(22) To facilitate the exchange of best","practices, each Member 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In addition, different\n levels of regulation are not necessarily indicators of proportionality in the regulation of\n professions.","location":[[" Proposal for a directive","Article 1 \u2013 paragraph 1"]],"meps":[4246],"meta":{"created":"2019-07-03T06:36:05"},"new":["This Directive lays down rules on a","common framework for conducting","proportionality assessments when","introducing new or amending existing","legislative, regulatory or administrative","provisions restricting access to or pursuit","of regulated professions, with a view to","ensuring the proper functioning of the","internal market. The Directive shall be","without prejudice, however, to the","prerogative of Member States as to","whether and how they regulate","professions, subject to the principles of","non-discrimination and proportionality,","and to their margin of appreciation in that","regard. 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Member States shall ensure that","legislative, regulatory or administrative","provisions restricting access to or pursuit","of regulated professions they intend to","introduce and amendments they intend to","make to existing provisions are justified by","public interest objectives."],"orig_lang":"pl","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"207","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":" Virginie Rozi\u00e8re","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-208","location":[[" Proposal for a directive","Article 5 \u2013 paragraph 2"]],"meps":[103845],"meta":{"created":"2019-07-03T06:36:08"},"new":["deleted"],"old":["2. The relevant competent authorities","shall consider in particular whether those","provisions are objectively justified on the","basis of public policy, public security or","public health, or by overriding reasons in","the public interest, such as preserving the","financial equilibrium of the social","security system, the protection of","consumers, recipients of services and","workers, the safeguarding of the proper","administration of justice, fairness of trade","","transactions, combating fraud and","prevention of tax evasion and avoidance,","road safety, the protection of the","environment and the urban environment,","the health of animals, intellectual","property, the safeguarding and","conservation of the national historic and","artistic heritage, social policy objectives","and cultural policy objectives."],"orig_lang":"fr","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"208","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":"Sergio Gaetano Cofferati, Marc Tarabella, Maria Grapini, Lucy Anderson, Evelyne Gebhardt, Nicola Danti, Christel Schaldemose, Arndt Kohn, Kerstin Westphal, Sergio Guti\u00e9rrez Prieto","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-209","location":[["Proposal for a directive","Article 5 \u2013 paragraph 2"]],"meps":[96915,29579,124785,124949,1913,124821,37312,186884,96839,103488],"meta":{"created":"2019-07-03T06:36:09"},"new":["2. Member States shall consider in","particular whether those provisions are","justified on the basis of public policy,","public security or public health, or by","overriding reasons in the public interest,","such as, for example, preserving the","financial equilibrium of the social security","system, the protection of consumers,","recipients of services and workers,","ensuring safe, healthy and secure","working conditions, the safeguarding of","the proper administration of justice,","fairness of trade transactions, combating","fraud, prevention of tax evasion and","avoidance and effectiveness of fiscal","supervision, transport safety,","guaranteeing the quality of products and","services, promotion of research and","development, ensuring high standards of","education, the protection of the","environment and the urban environment,","the health of animals, intellectual property,","the safeguarding and conservation of the","national historic and artistic heritage, social","policy objectives, including the","encouragement of employment and","recruitment and the maintenance of","employment, and cultural policy","objectives."],"old":["2. The relevant competent authorities","shall consider in particular whether those","provisions are objectively justified on the","basis of public policy, public security or","public health, or by overriding reasons in","the public interest, such as preserving the","financial equilibrium of the social security","system, the protection of consumers,","recipients of services and workers, the","safeguarding of the proper administration","of justice, fairness of trade transactions,","combating fraud and prevention of tax","evasion and avoidance, road safety, the","protection of the environment and the","urban environment, the health of animals,","intellectual property, the safeguarding and","conservation of the national historic and","artistic heritage, social policy objectives","and cultural policy objectives.",""],"orig_lang":"en","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"209","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":" Antonio L\u00f3pez-Ist\u00fariz White, Lara Comi","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-210","justification":" The list of overriding reasons of public interest needs to be extended to include additional\n reasons which enhance the protection of people and of general interests, and which are\n universally recognised and reflected in various ways in European legislation.","location":[[" Proposal for a directive","Article 5 \u2013 paragraph 2"]],"meps":[28399,96775],"meta":{"created":"2019-07-03T06:36:09"},"new":["2. The Member States shall consider","in particular whether those provisions are","objectively justified on the basis of public","policy, public security or public health, or","by overriding reasons in the public interest,","such as preserving the financial","equilibrium of the social security system,","the protection of consumers, recipients of","services and workers, the safeguarding of","the proper administration of justice,","fairness of trade transactions, combating","fraud and prevention of tax evasion and","avoidance, road safety, guaranteeing the","quality of craft work, research and","development, the protection of the","environment and the urban environment,","the health of animals, intellectual property,","the safeguarding and conservation of the","national historic and artistic heritage, social","policy objectives and cultural policy","objectives, the security of digital data, and","industrial and energy security."],"old":["2. The relevant competent authorities","shall consider in particular whether those","provisions are objectively justified on the","basis of public policy, public security or","public health, or by overriding reasons in","the public interest, such as preserving the","financial equilibrium of the social security","system, the protection of consumers,","recipients of services and workers, the","safeguarding of the proper administration","of justice, fairness of trade transactions,","combating fraud and prevention of tax","evasion and avoidance, road safety, the","protection of the environment and the","urban environment, the health of animals,","intellectual property, the safeguarding and","conservation of the national historic and","artistic heritage, social policy objectives","and cultural policy objectives."],"orig_lang":"es","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"210","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":"Andreas Schwab","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-211","location":[["Proposal for a directive","Article 5 \u2013 paragraph 2"]],"meps":[28223],"meta":{"created":"2019-07-03T06:36:09"},"new":["2. Member States shall consider in","particular whether those provisions are","objectively justified on the basis of public","policy, public security or public health, or","by overriding reasons in the public interest.","preserving the financial equilibrium of the","social security system, the protection of","consumers, recipients of services and","workers, the protection of the legal","process, the safeguarding of the proper","administration of justice, fairness of trade","transactions, combating fraud and","prevention of tax evasion and avoidance,","road safety, guaranteeing the quality of","craft work, research and development, the","protection of the capital market, the","protection of the environment and the","urban environment, the health of animals,","intellectual property, the safeguarding and","conservation of the national historic and","artistic heritage, social policy objectives","and cultural policy objectives."],"old":["2. Member States shall consider in","particular whether those provisions are","objectively justified on the basis of public","policy, public security or public health, or","by overriding reasons in the public interest.","preserving the financial equilibrium of the","social security system, the protection of","consumers, recipients of services and","workers, the safeguarding of the proper","administration of justice, fairness of trade","transactions, combating fraud and","prevention of tax evasion and avoidance,","road safety, the protection of the","environment and the urban environment,","the health of animals, intellectual property,","the safeguarding and conservation of the","national historic and artistic heritage, social","policy objectives and cultural policy","objectives."],"orig_lang":"de","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"211","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":"Jasenko Selimovic, Dita Charanzov\u00e1","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-212","location":[["Proposal for a directive","Article 5 \u2013 paragraph 2"]],"meps":[134243,124708],"meta":{"created":"2019-07-03T06:36:09"},"new":["2. The relevant competent authorities","shall consider in particular whether those","provisions are objectively justified on the","basis of public policy, public security or","public health, or by overriding reasons in","the public interest, such as preserving the","financial equilibrium of the social security","system, the protection of consumers,","recipients of services, including patients,","and workers, the safeguarding of the proper","administration of justice, fairness of trade","transactions, combating fraud and","prevention of tax evasion and avoidance,","road safety, the protection of the","environment and the urban environment,","the health of animals, intellectual property,","the safeguarding and conservation of the","national historic and artistic heritage, social","policy objectives and cultural policy","objectives."],"old":["2. The relevant competent authorities","shall consider in particular whether those","provisions are objectively justified on the","basis of public policy, public security or","","public health, or by overriding reasons in","the public interest, such as preserving the","financial equilibrium of the social security","system, the protection of consumers,","recipients of services and workers, the","safeguarding of the proper administration","of justice, fairness of trade transactions,","combating fraud and prevention of tax","evasion and avoidance, road safety, the","protection of the environment and the","urban environment, the health of animals,","intellectual property, the safeguarding and","conservation of the national historic and","artistic heritage, social policy objectives","and cultural policy objectives."],"orig_lang":"en","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"212","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":" Lambert van Nistelrooij","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-213","location":[[" Proposal for a directive","Article 5 \u2013 paragraph 2"]],"meps":[28165],"meta":{"created":"2019-07-03T06:36:09"},"new":["2. The relevant competent authorities","shall consider in particular whether those","provisions are objectively justified on the","basis of public policy, public security or","public health, or by overriding reasons in","the public interest, such as preserving the","financial equilibrium of the social security","system, the protection of consumers,","recipients of services, including patients,","and workers, the safeguarding of the proper","administration of justice, fairness of trade","transactions, combating fraud and","prevention of tax evasion and avoidance,","road safety, the protection of the","environment and the urban environment,","the health of animals, intellectual property,","the safeguarding and conservation of the","national historic and artistic heritage, social","policy objectives and cultural policy","objectives."],"old":["2. The relevant competent authorities","shall consider in particular whether those","provisions are objectively justified on the","basis of public policy, public security or","public health, or by overriding reasons in","the public interest, such as preserving the","financial equilibrium of the social security","system, the protection of consumers,","recipients of services and workers, the","safeguarding of the proper administration","of justice, fairness of trade transactions,","combating fraud and prevention of tax","evasion and avoidance, road safety, the","protection of the environment and the","urban environment, the health of animals,","intellectual property, the safeguarding and","conservation of the national historic and","artistic heritage, social policy objectives","and cultural policy objectives.","",""],"orig_lang":"en","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"213","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":"Richard Sul\u00edk, Daniel Dalton","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-214","location":[["Proposal for a directive","Article 5 \u2013 paragraph 2"]],"meps":[124928,35135],"meta":{"created":"2019-07-03T06:36:09"},"new":["2. Member States shall consider in","particular whether those provisions are","objectively justified on the basis of public","policy, public security or public health, or","by overriding reasons in the public interest,","such as preserving the financial","equilibrium of the social security system,","the protection of consumers, recipients of","services and workers, the safeguarding of","the proper administration of justice,","fairness of trade transactions, combating","fraud and prevention of tax evasion and","avoidance, road safety, the protection of","the environment and the urban","environment, the health of animals,","intellectual property, the safeguarding and","conservation of the national historic and","artistic heritage, social policy objectives","and cultural policy objectives."],"old":["2. The relevant competent authorities","shall consider in particular whether those","provisions are objectively justified on the","basis of public policy, public security or","public health, or by overriding reasons in","the public interest, such as preserving the","financial equilibrium of the social security","system, the protection of consumers,","recipients of services and workers, the","safeguarding of the proper administration","of justice, fairness of trade transactions,","combating fraud and prevention of tax","evasion and avoidance, road safety, the","protection of the environment and the","urban environment, the health of animals,","intellectual property, the safeguarding and","conservation of the national historic and","artistic heritage, social policy objectives","and cultural policy objectives."],"orig_lang":"en","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"214","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":"Philippe Juvin","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-215","location":[["Proposal for a directive","Article 5 \u2013 paragraph 2 \u2013 point a (new)"]],"meps":[96884],"meta":{"created":"2019-07-03T06:36:09"},"new":["2 a. The assessment of proportionality","cannot represent a restriction of the","capacity of the Member States to","determine the level of the public interest","protection they consider as appropriate in","the field of the medical and paramedical","professions, which therefore can differ","within the EU."],"old":[""],"orig_lang":"en","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"215","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":" Sergio Gaetano Cofferati, Marc Tarabella, Maria Grapini, Lucy Anderson, Evelyne Gebhardt, Christel Schaldemose, Arndt Kohn, Kerstin Westphal, Pina Picierno, Sergio Guti\u00e9rrez Prieto","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-216","location":[[" Proposal for a directive","Article 5 \u2013 paragraph 3"]],"meps":[96915,29579,124785,124949,1913,37312,186884,96839,124846,103488],"meta":{"created":"2019-07-03T06:36:09"},"new":["3. Grounds of a purely economic","nature having essentially protectionist aim","or effects or purely administrative reasons","shall not constitute overriding reasons in","the public interest, justifying a restriction","on access to or pursuit of regulated","professions. Control measures shall be","considered justified if they are needed in","order to ensure compliance with","provisions justified by public interest","objectives."],"old":["3. Grounds of a purely economic","nature having essentially protectionist aim","or effects or purely administrative reasons","shall not constitute overriding reasons in","the public interest, justifying a restriction","on access to or pursuit of regulated","professions."],"orig_lang":"en","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"216","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":" Adam Szejnfeld","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-217","location":[[" Proposal for a directive","Article 5 \u2013 paragraph 3"]],"meps":[124890],"meta":{"created":"2019-07-03T06:36:09"},"new":["3. Grounds of a purely economic","nature, including persons pursuing","regulated professions, having essentially","protectionist aim or effects or purely","administrative reasons shall not constitute","overriding reasons in the public interest,","justifying a restriction on access to or","pursuit of regulated professions."],"old":["3. Grounds of a purely economic","nature having essentially protectionist aim","or effects or purely administrative reasons","shall not constitute overriding reasons in","the public interest, justifying a restriction","","on access to or pursuit of regulated","professions."],"orig_lang":"pl","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"217","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":"Dariusz Rosati, R\u00f3\u017ca Gr\u00e4fin von Thun und Hohenstein","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-218","location":[["Proposal for a directive","Article 6 \u2013 paragraph 1"]],"meps":[28394],"meta":{"created":"2019-07-03T06:36:09"},"new":["1. Before introducing new, or","amending existing, legislative, regulatory","or administrative provisions restricting","access to or pursuit of regulated","professions, Member States shall assess","whether those provisions are suitable for","securing the attainment of the objective","pursued and do not go beyond what is","necessary to attain that objective. The","extent of the assessment shall be","proportionate to the nature, the content","and the impact of the provision being","introduced, in view of all regulation in","place, taking into account the reasonable","margin of appreciation of the Member","States within the limits of the principles of","non-discrimination and proportionality."],"old":["1. Before introducing new legislative,","regulatory or administrative provisions","restricting access to or pursuit of regulated","professions, or amending existing ones,","Member States shall assess whether those","provisions are necessary and suitable for","securing the attainment of the objective","pursued and do not go beyond what is","necessary to attain that objective."],"orig_lang":"en","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"218","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":"Jasenko Selimovic, Dita Charanzov\u00e1","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-219","location":[["Proposal for a directive","Article 6 \u2013 paragraph 1"]],"meps":[134243,124708],"meta":{"created":"2019-07-03T06:36:09"},"new":["1. Before introducing new, or","amending existing, legislative, regulatory","or administrative provisions restricting","access to or pursuit of service activities,","including the activities of regulated","professions, Member States shall assess","whether those provisions are necessary and","suitable for securing the attainment of the","objective pursued and do not go beyond","what is necessary to attain that objective.","Where those provisions introduce","substantive changes to the regulation of a","services activity or the profession","concerned, Member States shall also","assess the proportionality of the existing","regulation."],"old":["1. Before introducing new legislative,","regulatory or administrative provisions","restricting access to or pursuit of regulated","","professions, or amending existing ones,","Member States shall assess whether those","provisions are necessary and suitable for","securing the attainment of the objective","pursued and do not go beyond what is","necessary to attain that objective."],"orig_lang":"en","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"219","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":" Lambert van Nistelrooij","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-220","location":[[" Proposal for a directive","Article 6 \u2013 paragraph 1"]],"meps":[28165],"meta":{"created":"2019-07-03T06:36:09"},"new":["1. Before introducing new legislative,","regulatory or administrative provisions","restricting access to or pursuit of regulated","professions, or amending existing ones,","Member States shall assess whether those","provisions are necessary and suitable for","securing the attainment of the objective","pursued and do not go beyond what is","necessary to attain that objective. The","assessment shall take into account the","specificities of the profession concerned","as well as the nature, content and impact","of the requirements being introduced or","amended in view of the public interest","objectives being pursued."],"old":["1. Before introducing new legislative,","regulatory or administrative provisions","restricting access to or pursuit of regulated","professions, or amending existing ones,","Member States shall assess whether those","provisions are necessary and suitable for","securing the attainment of the objective","pursued and do not go beyond what is","necessary to attain that objective."],"orig_lang":"en","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"220","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":" Adam Szejnfeld","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-221","location":[["Proposal for a directive","Article 6 \u2013 paragraph 1"]],"meps":[124890],"meta":{"created":"2019-07-03T06:36:10"},"new":["1. The Member States shall assess","whether the legislative, regulatory or","administrative provisions restricting access","to or pursuit of regulated professions are","necessary and suitable for securing the","attainment of the objective pursued and do","not go beyond what is necessary to attain","that objective."],"old":["1. Before introducing new legislative,","regulatory or administrative provisions","restricting access to or pursuit of regulated","professions, or amending existing ones,","Member States shall assess whether those","provisions are necessary and suitable for","securing the attainment of the objective","pursued and do not go beyond what is","necessary to attain that objective."],"orig_lang":"pl","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"221","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":"Sergio Gaetano Cofferati, Marc Tarabella, Maria Grapini, Sergio Guti\u00e9rrez Prieto","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-222","location":[["Proposal for a directive","Article 6 \u2013 paragraph 1"]],"meps":[96915,29579,124785,103488],"meta":{"created":"2019-07-03T06:36:10"},"new":["1. Before introducing new, or","amending existing, legislative, regulatory","or administrative provisions restricting","access to or pursuit of regulated","professions, Member States shall assess","whether those provisions are suitable for","securing the attainment of the objective","pursued and do not go beyond what is","necessary to attain that objective."],"old":["1. Before introducing new legislative,","regulatory or administrative provisions","restricting access to or pursuit of regulated","professions, or amending existing ones,","Member States shall assess whether those","provisions are necessary and suitable for","securing the attainment of the objective","pursued and do not go beyond what is","necessary to attain that objective."],"orig_lang":"en","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"222","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":"Ivan \u0160tefanec, Lud\u011bk Niedermayer","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-223","justification":" Member States may retain sufficient flexibility in applying the criteria, without watering down\n the proposal. The changes proposed in Art. 6(1) draft IMCO report introduced \"margin of\n appreciation by Member States\", which is not limited by the principles of proportionality. The\n ECJ case-law states that in the areas where MS enjoy a broad margin of appreciation,\n regulation is subject to the principles of non-discrimination and proportionality. See AM to\n Art. 1 giving assurances that MSs' competences are duly respected and Recital 20b and Art. 6\n of the General approach text).","location":[["Proposal for a directive","Article 6 \u2013 paragraph 1 a (new)"]],"meps":[124929,124701],"meta":{"created":"2019-07-03T06:36:10"},"new":["1 a. The assessment shall be","proportionate to the nature, the content","and the impact of the provision being","introduced or amended, taking into","account the specificities of the profession","concerned and the regulation already in","place."],"orig_lang":"en","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"223","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":" Jasenko Selimovic, Dita Charanzov\u00e1","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-224","location":[[" Proposal for a directive","Article 6 \u2013 paragraph 2 \u2013 introductory part"]],"meps":[134243,124708],"meta":{"created":"2019-07-03T06:36:10"},"new":["2. When assessing the proportionality","of the provisions, the competent","authorities shall apply the criteria set out","in this paragraph in a considered manner,","and having regard to the particular","circumstances of the individual case and","the nature of the provision being assessed.","The relevant competent authorities shall","consider in particular:"],"old":["2. When assessing the necessity and","the proportionality of the provisions, the","relevant competent authorities shall","consider in particular:"],"orig_lang":"en","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"224","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":"Virginie Rozi\u00e8re","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-225","location":[["Proposal for a directive","Article 6 \u2013 paragraph 2 \u2013 introductory part"]],"meps":[103845],"meta":{"created":"2019-07-03T06:36:10"},"new":["2. When assessing the necessity and","the proportionality of the provisions, the","scope of the assessment must be","proportionate to the nature, content and","impact of the provision introduced.","The relevant competent authorities shall","take into consideration the following","elements, among others:"],"old":["2. When assessing the necessity and","the proportionality of the provisions, the","relevant competent authorities shall","consider in particular:"],"orig_lang":"fr","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"225","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":"Maria Grapini","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-226","location":[["Proposal for a directive","Article 6 \u2013 paragraph 2 \u2013 introductory part"]],"meps":[124785],"meta":{"created":"2019-07-03T06:36:10"},"new":["2. When assessing the necessity and","the proportionality of the provisions, the","relevant competent authorities shall","consider the following where applicable:"],"old":["2. When assessing the necessity and","the proportionality of the provisions, the","relevant competent authorities shall","consider in particular:"],"orig_lang":"ro","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"226","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":"Richard Sul\u00edk, Daniel Dalton","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-227","justification":" As for AM on Art. 4( 2), this provision is unnecessary. The necessity has two dimensions: (i) it\n is a part of public interest objectives justification (see Recital 12 and Article 15(3)( b) of\n Directive 2006/123/EC), as well as (ii) a part of the proportionality definition:\n proportionality: requirements must be suitable; they must not go beyond what is necessary to\n attain that objective and it must not be possible to replace those requirements with other, less\n restrictive measures which attain the same result (f.e. Article 15((3)(c) of Directive\n 2006/123/EC).","location":[["Proposal for a directive","Article 6 \u2013 paragraph 2 \u2013 introductory part"]],"meps":[124928,35135],"meta":{"created":"2019-07-03T06:36:10"},"new":["2. When assessing the proportionality","of the provisions, Member States shall","consider in particular:"],"old":["2. When assessing the necessity and","the proportionality of the provisions, the","relevant competent authorities shall","","consider in particular:"],"orig_lang":"en","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"227","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":" Sergio Gaetano Cofferati, Marc Tarabella, Maria Grapini, Lucy Anderson, Evelyne Gebhardt, Christel Schaldemose, Arndt Kohn, Kerstin Westphal, Sergio Guti\u00e9rrez Prieto","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-228","location":[[" Proposal for a directive","Article 6 \u2013 paragraph 2 \u2013 introductory part"]],"meps":[96915,29579,124785,124949,1913,37312,186884,96839,103488],"meta":{"created":"2019-07-03T06:36:10"},"new":["2. When assessing the proportionality","of the provisions, Member States shall","consider, where relevant:"],"old":["2. 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Membership of a chamber (even if this is a legal requirement) has no negative\nimpact on access to or the practice of professions.","location":[[" Proposal for a directive","Article 6 \u2013 paragraph 3"]],"meps":[4246],"meta":{"created":"2019-07-03T06:36:14"},"new":["3. For the purposes of paragraph 2(j),","where the measures are justified only by","consumer protection and where the risks","identified are limited to the relationship","between the professional and the consumer","without negatively affecting third parties,","the Member States shall assess in","particular whether the objective can be","attained by less restrictive means than","reserving activities.","Compulsory chamber membership shall","also be an appropriate requirement in","respect of professions covered by this","Directive where the State has made","professional organisations responsible for","safeguarding the relevant public-interest","objectives."],"old":["3. 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Comi","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-316","justification":" The obligation to provide information should apply to all stakeholders equally, including\n members of the profession in question and of professional organisations, and they should be\n able to provide their views in the same way when the Member States introduce or repeal\n legislation restricting access to the profession.","location":[[" Proposal for a directive","Article 7 \u2013 paragraph 1"]],"meps":[28399,96775],"meta":{"created":"2019-07-03T06:36:16"},"new":["Member States shall, by appropriate","means, inform citizens, service recipients,","professional organisations and relevant","stakeholders when they are introducing","new legislative, regulatory or","administrative provisions restricting access","to or pursuit of regulated professions, or","amending existing ones, and give them the","opportunity to make known their views."],"old":["Member States shall, by 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restricting access to the profession.","location":[[" Proposal for a directive","Article 7 a (new)"]],"meps":[28399,96775],"meta":{"created":"2019-07-03T06:36:16"},"new":["Article 7a","The obligation to provide information","referred to in the previous paragraph","shall also apply when new legislative,","regulatory or administrative provisions","removing restrictions on access to or","pursuit of regulated professions are","introduced, or existing ones are amended,","and all stakeholders shall be given the","opportunity to make known their views."],"orig_lang":"es","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"317","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":"Sergio Gaetano Cofferati, Marc Tarabella, Maria Grapini, Lucy Anderson, Arndt Kohn, Kerstin Westphal, Pina Picierno, Sergio Guti\u00e9rrez Prieto","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-318","location":[["Proposal for a 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For the purposes of the efficient","application of this Directive, before","introducing new legislative, regulatory or","administrative provisions restricting access","to or pursuit of regulated professions, or","amending existing ones, Member States","shall encourage the exchange of","information with competent authorities of","other Member States on matters covered by","this Directive, such as the particular way","they regulate a profession or the effects of","regulation identified in similar sectors of","activities, on a regular basis, or, where","appropriate, on an ad hoc basis."],"orig_lang":"en","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"319","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":" Sergio Gaetano Cofferati, Marc Tarabella, Maria Grapini, Lucy Anderson, Nicola Danti, Pina Picierno, Sergio Guti\u00e9rrez Prieto","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-320","location":[[" Proposal for a directive","Article 8 \u2013 paragraph 1"]],"meps":[96915,29579,124785,124949,124821,124846,103488],"meta":{"created":"2019-07-03T06:36:16"},"new":["1. 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The reasons for considering that","provisions, assessed in accordance with","this Directive, are justified, necessary and","proportionate, and which are","communicated to the Commission pursuant","to paragraphs 5 and 6 of Article 59 of","Directive 2005/36/EC, shall be recorded by","the relevant competent authorities in the","database of regulated professions, referred","to in Article 59 paragraph 1 of Directive","2005/36/EC and thereafter made publicly","available by the Commission."],"orig_lang":"en","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"324","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":"Julia Reda","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-325","location":[["Proposal for a directive","Article 9 \u2013 paragraph 1"]],"meps":[124816],"meta":{"created":"2019-07-03T06:36:16"},"new":["1. 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Member States and other interested","parties may submit comments to the","Commission or to the Member State which","has notified the provisions."],"orig_lang":"en","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"331","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":" Richard Sul\u00edk","changes":{},"committee":["IMCO"],"date":"2017-09-08T00:00:00","id":"PE610.571-332","location":[[" Proposal for a directive","Article 9 \u2013 paragraph 2"]],"meps":[124928],"meta":{"created":"2019-07-03T06:36:17"},"new":["2. Member States and other interested","parties may submit comments to the","Commission or to the Member State which","has adopted the provisions."],"old":["2. 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They","shall forthwith communicate to the","Commission the text of those provisions."],"old":["Member States shall bring into force the","laws, regulations and administrative","provisions necessary to comply with this","Directive by at the latest. They shall","forthwith communicate to the Commission","the text of those provisions."],"orig_lang":"en","peid":"PE610.571v02-00","reference":"2016/0404(COD)","seq":"333","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-610571_EN.pdf"},{"authors":"Ji\u0159\u00ed Ma\u0161t\u00e1lka","changes":{},"committee":["JURI"],"date":"2017-06-01T00:00:00","id":"PE603.089-30","justification":"The proposed notification procedure would impede the exercise of legislative power in such a\nway that a national provision which could prove more effective in achieving objectives in\nconnection with the regulation of services might not be enforceable. The Commission\nproposal fails properly to substantiate the argument that updating the notification procedure\nwould make it possible to meet more effectively the objective of deepening the internal\nservices market at EU level; therefore it is to be concluded that the above proposal for a\ndirective does not comply with the principle of subsidiarity.","location":[["Proposal for a directive","\u2013"]],"meps":[23704],"meta":{"created":"2019-07-03T06:53:17"},"new":["The Committee on Legal Affairs calls on","the Committee on Internal Market and","Consumer protection, as the committee","responsible, to propose rejection of the","Commission proposal."],"orig_lang":"en","peid":"PE603.089v02-00","reference":"2016/0404(COD)","seq":"30","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-603089_EN.pdf"},{"authors":"Angelika Niebler","changes":{},"committee":["JURI"],"date":"2017-06-01T00:00:00","id":"PE603.089-31","location":[["Proposal for a directive","\u2013"]],"meta":{"created":"2019-07-03T06:53:17"},"new":["The Committee on Legal Affairs calls on","the Committee on Internal Market and","Consumer protection, as the committee","responsible, to propose rejection of the","Commission proposal."],"orig_lang":"en","peid":"PE603.089v02-00","reference":"2016/0404(COD)","seq":"31","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-603089_EN.pdf"},{"authors":"Jane Collins","changes":{},"committee":["JURI"],"date":"2017-06-01T00:00:00","id":"PE603.089-32","location":[[" Proposal for a directive","Recital 1"]],"meps":[124955],"meta":{"created":"2019-07-03T06:53:17"},"new":["(1) The freedom to choose an","occupation is a fundamental right. The","Charter of Fundamental Rights of the","European Union guarantees the freedom to","choose an occupation, as well as the","freedom to conduct a business. The free","movement of workers, freedom of","establishment and freedom to provide","services are fundamental principles of the","internal market enshrined in the Treaty.","National rules organising access to","regulated professions should therefore not","constitute any unjustified and","disproportionate obstacle to the exercise of","those fundamental rights. However, the","national rules of a Member State must","always be respected and take priority over","any EU legislation."],"old":["(1) The freedom to choose an","occupation is a fundamental right. The","Charter of Fundamental Rights of the","European Union guarantees the freedom to","choose an occupation, as well as the","freedom to conduct a business. The free","movement of workers, freedom of","establishment and freedom to provide","services are fundamental principles of the","internal market enshrined in the Treaty.","National rules organising access to","regulated professions should therefore not","constitute any unjustified and","disproportionate obstacle to the exercise of","those fundamental rights."],"orig_lang":"en","peid":"PE603.089v02-00","reference":"2016/0404(COD)","seq":"32","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-603089_EN.pdf"},{"authors":" Daniel Buda","changes":{},"committee":["JURI"],"date":"2017-06-01T00:00:00","id":"PE603.089-33","location":[[" Proposal for a directive","Recital 2"]],"meps":[125012],"meta":{"created":"2019-07-03T06:53:17"},"new":["(2) In the absence of specific","provisions harmonising the requirements","on access to a regulated profession or its","pursuit laid down in Union law, it is the","Member States\u2019 prerogative to decide","whether action needs to be taken and how","to regulate a profession (in terms of","establishing conditions for access to and","pursuit of a profession) within the limits","of the principles of non-discrimination and","proportionality."],"old":["(2) In the absence of specific","provisions harmonising the requirements","on access to a regulated profession or its","pursuit laid down in Union law, it is the","Member States\u2019 prerogative to decide","whether and how to regulate a profession","within the limits of the principles of non-","discrimination and proportionality."],"orig_lang":"ro","peid":"PE603.089v02-00","reference":"2016/0404(COD)","seq":"33","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-603089_EN.pdf"},{"authors":"Jane Collins","changes":{},"committee":["JURI"],"date":"2017-06-01T00:00:00","id":"PE603.089-34","location":[["Proposal for a directive","Recital 2"]],"meps":[124955],"meta":{"created":"2019-07-03T06:53:17"},"new":["(2) It is the Member States\u2019","prerogative to decide whether and how to","regulate a profession within the limits of","the principles of non-discrimination and","proportionality. Should specific provisions","harmonising the requirements on access to","a regulated profession or its pursuit laid","down in Union law exist, the legislation of","the Member State takes precedence."],"old":["(2) In the absence of specific","provisions harmonising the requirements","on access to a regulated profession or its","pursuit laid down in Union law, it is the","Member States\u2019 prerogative to decide","whether and how to regulate a profession","within the limits of the principles of non-","discrimination and proportionality."],"orig_lang":"en","peid":"PE603.089v02-00","reference":"2016/0404(COD)","seq":"34","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-603089_EN.pdf"},{"authors":"Jane Collins","changes":{},"committee":["JURI"],"date":"2017-06-01T00:00:00","id":"PE603.089-35","location":[["Proposal for a directive","Recital 5"]],"meps":[124955],"meta":{"created":"2019-07-03T06:53:17"},"new":["deleted"],"old":["(5) The results of the mutual","evaluation process revealed a lack of","clarity as regards the criteria to be used by","national competent authorities when","assessing the proportionality of","requirements restricting access to or","pursuit of regulated professions, as well","as uneven scrutiny of such measures at all","levels of regulation. To avoid","fragmentation of the internal market and","eliminate barriers to taking-up and","pursuit of certain employed or self-","employed activities, it is therefore","necessary to establish a common","approach at Union level, preventing","","disproportionate measures from being","adopted."],"orig_lang":"en","peid":"PE603.089v02-00","reference":"2016/0404(COD)","seq":"35","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-603089_EN.pdf"},{"authors":" Daniel Buda","changes":{},"committee":["JURI"],"date":"2017-06-01T00:00:00","id":"PE603.089-36","location":[[" Proposal for a directive","Recital 5"]],"meps":[125012],"meta":{"created":"2019-07-03T06:53:17"},"new":["(5) The results of the mutual evaluation","process revealed a lack of clarity as regards","the criteria to be used by national","competent authorities when assessing the","proportionality of requirements restricting","access to or pursuit of regulated","professions, as well as uneven scrutiny of","such measures at all levels of regulation,","which adversely affected the provision of","services and the mobility of professionals","within the EU. At the same time, the","evaluation process showed that regulatory","decisions are currently not always based","on sound and objective analysis or carried","out in an open and transparent manner.","To avoid fragmentation of the internal","market and eliminate barriers to taking-up","and pursuit of certain employed or self-","employed activities, it is therefore","necessary to establish a common approach","at Union level, preventing disproportionate","measures from being adopted."],"old":["(5) The results of the mutual evaluation","process revealed a lack of clarity as regards","the criteria to be used by national","competent authorities when assessing the","proportionality of requirements restricting","access to or pursuit of regulated","professions, as well as uneven scrutiny of","such measures at all levels of regulation.","To avoid fragmentation of the internal","market and eliminate barriers to taking-up","and pursuit of certain employed or self-","employed activities, it is therefore","necessary to establish a common approach","at Union level, preventing disproportionate","measures from being adopted."],"orig_lang":"ro","peid":"PE603.089v02-00","reference":"2016/0404(COD)","seq":"36","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-603089_EN.pdf"},{"authors":" Daniel Buda","changes":{},"committee":["JURI"],"date":"2017-06-01T00:00:00","id":"PE603.089-37","location":[[" Proposal for a directive","Recital 5 a (new)"]],"meps":[125012],"meta":{"created":"2019-07-03T06:53:17"},"new":["(5a) In a context of frequent changes to","professional regulation, without EU","action, there is the risk that the gap","between those who already apply good","regulatory practices and properly assess","proportionality before deciding whether to","adopt regulation and those who do not","will widen, thus increasing divergence in","the quality of regulation, which ultimately","has a negative effect on access to a","profession, with ensuing negative","consequences for mobility and economic","performance."],"orig_lang":"ro","peid":"PE603.089v02-00","reference":"2016/0404(COD)","seq":"37","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-603089_EN.pdf"},{"authors":"Daniel Buda","changes":{},"committee":["JURI"],"date":"2017-06-01T00:00:00","id":"PE603.089-38","location":[["Proposal for a directive","Recital 7"]],"meps":[125012],"meta":{"created":"2019-07-03T06:53:17"},"new":["(7) The activities covered by this","Directive should concern the regulated","professions falling within the scope of","Directive 2005/36/EC. This Directive","should regulate the manner of assessing","the proportionality of the requirements","restricting access to or pursuit of those","professions, without prejudice to other","provisions laid down in a separate Union","act concerning access to, and the exercise","of a given regulated profession."],"old":["(7) The activities covered by this","Directive should concern the regulated","professions falling within the scope of","Directive 2005/36/EC. This Directive","should apply in addition to Directive","2005/36/EC and without prejudice to other","provisions laid down in a separate Union","act concerning access to, and the exercise","of a given regulated profession."],"orig_lang":"ro","peid":"PE603.089v02-00","reference":"2016/0404(COD)","seq":"38","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-603089_EN.pdf"},{"authors":"Daniel Buda","changes":{},"committee":["JURI"],"date":"2017-06-01T00:00:00","id":"PE603.089-39","location":[[" Proposal for a directive","Recital 7 a (new)"]],"meps":[125012],"meta":{"created":"2019-07-03T06:53:17"},"new":["(7a) This Directive lays down rules that","must be applied before introducing new","legislative, regulatory or administrative","provisions restricting access to or pursuit","of regulated professions, or amending","existing ones."],"orig_lang":"ro","peid":"PE603.089v02-00","reference":"2016/0404(COD)","seq":"39","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-603089_EN.pdf"},{"authors":" Jane Collins","changes":{},"committee":["JURI"],"date":"2017-06-01T00:00:00","id":"PE603.089-40","location":[[" Proposal for a directive","Recital 8"]],"meps":[124955],"meta":{"created":"2019-07-03T06:53:17"},"new":["(8) Member States should be able to","rely on their own regulatory framework","based on clearly defined legal concepts","concerning the different ways to regulate a","profession within their own Member State.","There are several ways to regulate a","profession, for instance by reserving access","to or the pursuit of a particular activity to","holders of a professional qualification.","National provisions may also regulate one","of the modes of pursuit of a profession in","laying down conditions for the use of","professional titles."],"old":["(8) Member States should be able to","rely on a common regulatory framework","based on clearly defined legal concepts","concerning the different ways to regulate a","profession across the Union. There are","several ways to regulate a profession, for","instance by reserving access to or the","pursuit of a particular activity to holders of","a professional qualification. National","provisions may also regulate one of the","modes of pursuit of a profession in laying","down conditions for the use of professional","titles."],"orig_lang":"en","peid":"PE603.089v02-00","reference":"2016/0404(COD)","seq":"40","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-603089_EN.pdf"},{"authors":" Daniel Buda","changes":{},"committee":["JURI"],"date":"2017-06-01T00:00:00","id":"PE603.089-41","location":[[" Proposal for a directive","Recital 9"]],"meps":[125012],"meta":{"created":"2019-07-03T06:53:17"},"new":["(9) The burden of proof of justification","and proportionality lies on the Member","States. The reasons for regulation invoked","by a Member State by way of justification","should thus be accompanied by an","objective and reliable analysis of the","appropriateness and proportionality of the","measure adopted by that State, based on an","objective, transparent and stringent","assessment, and by specific evidence","substantiating its arguments, taking into","account the specific circumstances in that","Member State."],"old":["(9) The burden of proof of justification","and proportionality lies on the Member","States. The reasons for regulation invoked","by a Member State by way of justification","should thus be accompanied by an analysis","of the appropriateness and proportionality","of the measure adopted by that State and","by specific evidence substantiating its","arguments."],"orig_lang":"ro","peid":"PE603.089v02-00","reference":"2016/0404(COD)","seq":"41","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-603089_EN.pdf"},{"authors":"Daniel Buda","changes":{},"committee":["JURI"],"date":"2017-06-01T00:00:00","id":"PE603.089-42","location":[["Proposal for a directive","Recital 10"]],"meps":[125012],"meta":{"created":"2019-07-03T06:53:17"},"new":["(10) It is appropriate to monitor the","proportionality of the provisions restricting","access to or pursuit of regulated","professions on a regular basis and with a","frequency appropriate to the regulation","concerned. A review of the proportionality","of restrictive national legislation in the area","of regulated professions should be based","not only on the objective of that legislation","at the time of its adoption, but also on the","analysis of the whole regulatory","framework for the profession concerned","and on the effects of the legislation,","assessed after its adoption. The assessment","of the proportionality of the national","legislation should be based on","developments found to have occurred in","the area since the legislation was adopted."],"old":["(10) It is appropriate to monitor the","proportionality of the provisions restricting","access to or pursuit of regulated","professions on a regular basis and with a","frequency appropriate to the regulation","concerned. A review of the proportionality","of restrictive national legislation in the area","of regulated professions should be based","not only on the objective of that legislation","at the time of its adoption, but also on the","effects of the legislation, assessed after its","adoption. The assessment of the","proportionality of the national legislation","should be based on developments found to","have occurred in the area since the","legislation was adopted."],"orig_lang":"ro","peid":"PE603.089v02-00","reference":"2016/0404(COD)","seq":"42","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-603089_EN.pdf"},{"authors":" Daniel Buda","changes":{},"committee":["JURI"],"date":"2017-06-01T00:00:00","id":"PE603.089-43","location":[[" Proposal for a directive","Recital 11"]],"meps":[125012],"meta":{"created":"2019-07-03T06:53:17"},"new":["(11) Member States should carry out","proportionality assessments, including","where a profession is regulated indirectly,","by giving a particular professional body the","power to do so, in an objective and","independent manner, taking into","consideration objective observations.","Member States may obtain such views","from any body they consider relevant and","which is capable of providing such views,","including existing bodies that are part of","the national legislative process. This is","particularly important in cases where the","assessment is made by local authorities,","regulatory bodies or professional","organisations, which are in greater","proximity to local conditions and have","specialised knowledge which could in","certain cases make them better placed to","identify the best way of meeting the public","interest objectives, and in cases where the","policy choice made by those authorities or","bodies provides benefits to established","operators at the expense of new market","entrants. Inappropriate regulatory","arrangements are liable to distort","competition by restricting market entry","and thus may result in substantial lost","employment opportunities, higher prices","for consumers and hinder free-movement."],"old":["(11) Member States should carry out","proportionality assessments in an objective","and independent manner, including where","a profession is regulated indirectly, by","giving a particular professional body the","power to do so. In particular, while the","assessment of the local authorities,","regulatory bodies or professional","organisations, whose greater proximity to","local conditions and specialised knowledge","could in certain cases make them better","placed to identify the best way of meeting","the public interest objectives, there is","particular reason for concern in cases","where the policy choice made by those","authorities or bodies provides benefits to","established operators at the expense of new","market entrants."],"orig_lang":"ro","peid":"PE603.089v02-00","reference":"2016/0404(COD)","seq":"43","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-603089_EN.pdf"},{"authors":" Jane Collins","changes":{},"committee":["JURI"],"date":"2017-06-01T00:00:00","id":"PE603.089-44","location":[["Proposal for a directive","Recital 12"]],"meps":[124955],"meta":{"created":"2019-07-03T06:53:17"},"new":["deleted"],"old":["(12) Where the taking-up and pursuit","of certain employed or self-employed","activities are conditional on complying","with certain provisions relating to specific","professional qualifications, laid down","directly or indirectly by the Member","States, it is necessary to ensure that such","provisions are justified by public interest","objectives, such as those within the","meaning of the Treaty, namely public","policy, public security and public health","or by overriding reasons of general","interest, recognised as such in the case-","law of the Court of Justice. It is important","to ensure that public interest objectives","are adequately identified in order to","determine the intensity of the regulation.","For example, in order to ensure a high","level of protection of public health,","Member States should enjoy a margin of","discretion to decide on the degree of","protection which they wish to afford to","public health and on the way in which","that protection is to be achieved. It is also","necessary to clarify that among the","overriding reasons of general interest,","recognised by the Court of Justice, are","preserving the financial equilibrium of","the social security system; the protection","of consumers, recipients of services and","workers; the safeguarding of the proper","administration of justice; fairness of trade","transactions; combating fraud and","prevention of tax evasion and avoidance;","road safety; the protection of the","environment and the urban environment;","the health of animals; intellectual","property; the safeguarding and","conservation of the national historic and","artistic heritage, social policy objectives","and cultural policy objectives. According","to settled case-law, purely economic","reasons, having essentially protectionist","aims, as well as purely administrative","","reasons, such as carrying out controls or","gathering statistics cannot constitute an","overriding reason of general interest."],"orig_lang":"en","peid":"PE603.089v02-00","reference":"2016/0404(COD)","seq":"44","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-603089_EN.pdf"},{"authors":" Viktor Uspaskich","changes":{},"committee":["JURI"],"date":"2017-06-01T00:00:00","id":"PE603.089-45","location":[[" Proposal for a directive","Recital 12"]],"meps":[96698],"meta":{"created":"2019-07-03T06:53:18"},"new":["(12) Where the taking-up and pursuit of","certain employed or self-employed","activities are conditional on complying","with certain provisions relating to specific","professional qualifications, laid down","directly or indirectly by the Member States,","it is necessary to ensure that such","provisions are justified by public interest","objectives, such as those within the","meaning of the Treaty, namely public","policy, public security and public health or","by overriding reasons of general interest,","recognised as such in the case-law of the","Court of Justice. It is important to ensure","that public interest objectives are","adequately identified in order to determine","the intensity of the regulation. For","example, in order to ensure a high level of","protection of public health, Member States","should enjoy a margin of discretion to","decide on the degree of protection which","they wish to afford to public health and on","the way in which that protection is to be","achieved. It is also necessary to clarify that","among the overriding reasons of general","interest, recognised by the Court of Justice,","are preserving the financial equilibrium of","the social security system; the protection of","consumers, recipients of services, creditors","and workers, including the social","protection of workers; the safeguarding of","the proper administration of justice;","fairness of trade transactions; fight against","unfair competition; combating fraud and","prevention of tax evasion and tax","avoidance; road safety; the protection of","the environment and the urban","environment; including land-use","planning; animal welfare and veterinary","policy; intellectual property; the","safeguarding and conservation of the","national historic and artistic heritage, social","policy objectives and cultural policy","objectives, including the safeguarding of","freedom of expression. According to","settled case-law, purely economic reasons,","having essentially protectionist aims, as","well as purely administrative reasons, such","as carrying out controls or gathering","statistics cannot constitute an overriding","reason of general interest."],"old":["(12) Where the taking-up and pursuit of","certain employed or self-employed","activities are conditional on complying","with certain provisions relating to specific","professional qualifications, laid down","directly or indirectly by the Member States,","it is necessary to ensure that such","provisions are justified by public interest","objectives, such as those within the","meaning of the Treaty, namely public","policy, public security and public health or","by overriding reasons of general interest,","recognised as such in the case-law of the","Court of Justice. It is important to ensure","that public interest objectives are","adequately identified in order to determine","the intensity of the regulation. For","example, in order to ensure a high level of","protection of public health, Member States","should enjoy a margin of discretion to","decide on the degree of protection which","they wish to afford to public health and on","the way in which that protection is to be","achieved. It is also necessary to clarify that","among the overriding reasons of general","interest, recognised by the Court of Justice,","are preserving the financial equilibrium of","the social security system; the protection of","consumers, recipients of services and","workers; the safeguarding of the proper","administration of justice; fairness of trade","transactions; combating fraud and","prevention of tax evasion and avoidance;","","road safety; the protection of the","environment and the urban environment;","the health of animals; intellectual","property; the safeguarding and","conservation of the national historic and","artistic heritage, social policy objectives","and cultural policy objectives. According","to settled case-law, purely economic","reasons, having essentially protectionist","aims, as well as purely administrative","reasons, such as carrying out controls or","gathering statistics cannot constitute an","overriding reason of general interest."],"orig_lang":"en","peid":"PE603.089v02-00","reference":"2016/0404(COD)","seq":"45","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-603089_EN.pdf"},{"authors":"Daniel Buda","changes":{},"committee":["JURI"],"date":"2017-06-01T00:00:00","id":"PE603.089-46","location":[["Proposal for a directive","Recital 12"]],"meps":[125012],"meta":{"created":"2019-07-03T06:53:18"},"new":["(12) Where the taking-up or pursuit of","certain employed or self-employed","activities is conditional on complying with","certain provisions relating to specific","professional qualifications, laid down","directly or indirectly by the Member States,","it is necessary to ensure that such","provisions are justified by public interest","objectives, such as those within the","meaning of the Treaty, namely public","policy, public security and public health or","by overriding reasons of general interest,","recognised as such in the case-law of the","Court of Justice and which may continue","to evolve. It is important to ensure that","public interest objectives are adequately","identified in order to determine the","intensity of the regulation. For example, in","order to ensure a high level of protection of","public health, Member States should enjoy","a margin of discretion to decide on the","degree of protection which they wish to","afford to public health and on the way in","which that protection is to be achieved. It is","also necessary to clarify that among the","overriding reasons of general interest,","recognised by the Court of Justice, are","preserving the financial equilibrium of the","social security system; the protection of","consumers, recipients of services and","workers; the safeguarding of the proper","administration of justice; fairness of trade","transactions; combating fraud and","prevention of tax evasion and avoidance;","transport safety; the protection of the","environment and the urban environment;","the health of animals; intellectual property;","the safeguarding and conservation of the","national historic and artistic heritage, social","policy objectives and cultural policy","objectives. According to settled case-law,","purely economic reasons, having","essentially protectionist aims, as well as","purely administrative reasons, such as","carrying out controls or gathering statistics","cannot constitute an overriding reason of","general interest."],"old":["(12) Where the taking-up and pursuit of","certain employed or self-employed","activities are conditional on complying","with certain provisions relating to specific","professional qualifications, laid down","directly or indirectly by the Member States,","it is necessary to ensure that such","provisions are justified by public interest","objectives, such as those within the","meaning of the Treaty, namely public","policy, public security and public health or","by overriding reasons of general interest,","recognised as such in the case-law of the","Court of Justice. It is important to ensure","that public interest objectives are","adequately identified in order to determine","the intensity of the regulation. For","example, in order to ensure a high level of","","protection of public health, Member States","should enjoy a margin of discretion to","decide on the degree of protection which","they wish to afford to public health and on","the way in which that protection is to be","achieved. It is also necessary to clarify that","among the overriding reasons of general","interest, recognised by the Court of Justice,","are preserving the financial equilibrium of","the social security system; the protection of","consumers, recipients of services and","workers; the safeguarding of the proper","administration of justice; fairness of trade","transactions; combating fraud and","prevention of tax evasion and avoidance;","road safety; the protection of the","environment and the urban environment;","the health of animals; intellectual property;","the safeguarding and conservation of the","national historic and artistic heritage, social","policy objectives and cultural policy","objectives. According to settled case-law,","purely economic reasons, having","essentially protectionist aims, as well as","purely administrative reasons, such as","carrying out controls or gathering statistics","cannot constitute an overriding reason of","general interest."],"orig_lang":"ro","peid":"PE603.089v02-00","reference":"2016/0404(COD)","seq":"46","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-603089_EN.pdf"},{"authors":" Daniel Buda","changes":{},"committee":["JURI"],"date":"2017-06-01T00:00:00","id":"PE603.089-47","location":[[" Proposal for a directive","Recital 12 a (new)"]],"meps":[125012],"meta":{"created":"2019-07-03T06:53:18"},"new":["(12a) It is for the Member States to","determine the level of protection which","they wish to grant to the public or general","interest objectives and the proportionate","manner in which that level should be","achieved."],"orig_lang":"ro","peid":"PE603.089v02-00","reference":"2016/0404(COD)","seq":"47","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-603089_EN.pdf"},{"authors":"Daniel Buda","changes":{},"committee":["JURI"],"date":"2017-06-01T00:00:00","id":"PE603.089-48","location":[["Proposal for a directive","Recital 13"]],"meps":[125012],"meta":{"created":"2019-07-03T06:53:18"},"new":["(13) Where a Member State intends to","regulate a profession or to amend existing","rules, account should be taken, inter alia,","of the nature of the risks related to the","public interest objectives pursued, in","particular the risks to consumers, to","professionals or third parties. It should also","be borne in mind that, in the field of","professional services, there is usually an","asymmetry of information between","consumers and professionals. Professionals","have a high level of technical knowledge","which consumers may not have and","consumers therefore find it difficult to","judge the quality of the services provided","to them, which may continue to happen","despite the potential reduction in the","asymmetry of information between","professionals and service recipients as a","result of scientific and technological","developments."],"old":["(13) Where a Member State intends to","regulate a profession or to amend existing","rules, account should be taken of the nature","of the risks related to the public interest","objectives pursued, in particular the risks to","consumers, to professionals or third parties.","It should also be borne in mind that, in the","field of professional services, there is","usually an asymmetry of information","between consumers and professionals.","Professionals display a high level of","technical knowledge which consumers may","not have and consumers therefore find it","difficult to judge the quality of the services","provided to them."],"orig_lang":"ro","peid":"PE603.089v02-00","reference":"2016/0404(COD)","seq":"48","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-603089_EN.pdf"},{"authors":"Daniel Buda","changes":{},"committee":["JURI"],"date":"2017-06-01T00:00:00","id":"PE603.089-49","location":[["Proposal for a directive","Recital 18"]],"meps":[125012],"meta":{"created":"2019-07-03T06:53:18"},"new":["(18) The economic impact of the","measure, with particular regard to the","quality of the service provided,","competition in the market, and the impact","on the right to work and on the free","movement of persons and services within","the Union should be duly taken into","account by the Member States. Based on","this analysis, Member States should","ascertain, in particular, whether the extent","of the restriction of access to or pursuit of","regulated professions is proportionate to","the importance of the objectives pursued","and the expected gains."],"old":["(18) The economic impact of the","measure, including a cost-benefit analysis","with particular regard to the degree of","","competition in the market and the quality","of the service provided, as well as the","impact on the right to work and on the free","movement of persons and services within","the Union should be duly taken into","account by the competent authorities.","Based on this analysis, Member States","should ascertain, in particular, whether the","extent of the restriction of access to or","pursuit of regulated professions within the","Union is proportionate to the importance","of the objectives pursued and the expected","gains."],"orig_lang":"ro","peid":"PE603.089v02-00","reference":"2016/0404(COD)","seq":"49","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-603089_EN.pdf"},{"authors":" Daniel Buda","changes":{},"committee":["JURI"],"date":"2017-06-01T00:00:00","id":"PE603.089-50","location":[[" Proposal for a directive","Recital 19"]],"meps":[125012],"meta":{"created":"2019-07-03T06:53:18"},"new":["(19) Member States should carry out a","comparison between the national measure","at issue and the alternative and less","restrictive solutions that would allow the","same objective to be attained but would","impose fewer restrictions. Where the","measures are justified by consumer","protection and where the risks identified","are limited to the relationship between the","professional and the consumer without","negatively affecting third parties, the","objective could be attained by less","restrictive means than reserving activities","to professionals."],"old":["(19) Member States should carry out a","comparison between the national measure","at issue and the alternative and less","restrictive solutions that would allow the","same objective to be attained but would","impose fewer restrictions. Where the","measures are justified by consumer","protection and where the risks identified","are limited to the relationship between the","professional and the consumer without","negatively affecting third parties, the","objective could be attained by less","restrictive means than reserving activities","to professionals, such as protection of the","professional title or enrolment on a","professional register. Regulation by way","of reserved activities should be used only","in cases where the measures aim at","preventing a risk of serious harm to","public interest objectives."],"orig_lang":"ro","peid":"PE603.089v02-00","reference":"2016/0404(COD)","seq":"50","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-603089_EN.pdf"},{"authors":"Daniel Buda","changes":{},"committee":["JURI"],"date":"2017-06-01T00:00:00","id":"PE603.089-51","location":[["Proposal for a directive","Recital 20"]],"meps":[125012],"meta":{"created":"2019-07-03T06:53:18"},"new":["(20) The Member States should carry","out a general assessment of the","circumstances in which the requirement is","adopted and implemented and examine in","particular the cumulative effect of","imposing several requirements in addition","to the specific professional qualification.","The taking-up and pursuit of certain","activities may be conditional on complying","with certain provisions such as rules","relating to the organisation of the","profession, compulsory membership of a","professional body, professional ethics,","supervision and liability. Therefore, when","assessing the effect of the new or amended","measures, the Member States should also","take into account the combined effect of","those measures with other existing","requirements, such as continuous","professional development, compulsory","chamber membership, registration or","authorisation schemes, quantitative","restrictions, specific legal form","requirements and shareholding","requirements, territorial restrictions,","multidisciplinary restrictions and","incompatibility rules, requirements","concerning insurance cover as well as","language knowledge requirements, to the","extent necessary to practise the profession.","A measure introduced by a Member State","cannot be regarded as necessary to achieve","the objective pursued if it essentially","duplicates requirements which have","already been introduced in the context of","other rules or procedures."],"old":["(20) The national authorities should","carry out a global assessment of the","circumstances in which the restrictive","measure is adopted and implemented and","examine in particular the cumulative effect","of imposing several requirements in","addition to the specific professional","qualification. The taking-up and pursuit of","certain activities may be conditional on","complying with certain provisions such as","rules relating to the organisation of the","profession, compulsory membership of a","professional body, professional ethics,","supervision and liability. Therefore, when","assessing the cumulative effect of the","measures, the competent authorities","should also take into account other existing","requirements, such as continuous","professional development, compulsory","chamber membership, registration or","authorisation schemes, quantitative","restrictions, specific legal form","requirements and shareholding","requirements, territorial restrictions,","multidisciplinary restrictions and","incompatibility rules, requirements","concerning insurance cover as well as","language knowledge requirements, to the","extent necessary to practise the profession.","A measure introduced by a Member State","cannot be regarded as necessary to achieve","the objective pursued if it essentially","duplicates requirements which have","already been introduced in the context of","other rules or procedures."],"orig_lang":"ro","peid":"PE603.089v02-00","reference":"2016/0404(COD)","seq":"51","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-603089_EN.pdf"},{"authors":" Daniel Buda","changes":{},"committee":["JURI"],"date":"2017-06-01T00:00:00","id":"PE603.089-52","location":[[" Proposal for a directive","Recital 20 a (new)"]],"meps":[125012],"meta":{"created":"2019-07-03T06:53:18"},"new":["(20a) The proportionality criteria as","established in this Directive may be","applied to the relevant extent and intensity","during an assessment of proportionality","undertaken before introducing new","provisions, or amending existing ones.","The extent and degree of intensity applied","during the assessment must be","proportional to the content of the","provisions introduced and their impact."],"orig_lang":"ro","peid":"PE603.089v02-00","reference":"2016/0404(COD)","seq":"52","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-603089_EN.pdf"},{"authors":" Daniel Buda","changes":{},"committee":["JURI"],"date":"2017-06-01T00:00:00","id":"PE603.089-53","location":[[" Proposal for a directive","Recital 21"]],"meps":[125012],"meta":{"created":"2019-07-03T06:53:18"},"new":["(21) It is essential for the proper","functioning of the internal market to ensure","that Member States provide information to","citizens, recipients of services,","representative associations or other","relevant stakeholders before introducing","new, or amending existing, measures","restricting access to or pursuit of regulated","professions and give them the opportunity","to make known their views."],"old":["(21) It is essential for the proper","functioning of the internal market to ensure","that Member States provide information to","citizens, representative associations or","other relevant stakeholders before","introducing new measures restricting","access to or pursuit of regulated","professions and give them the opportunity","to make known their views."],"orig_lang":"ro","peid":"PE603.089v02-00","reference":"2016/0404(COD)","seq":"53","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-603089_EN.pdf"},{"authors":"Daniel Buda","changes":{},"committee":["JURI"],"date":"2017-06-01T00:00:00","id":"PE603.089-54","location":[["Proposal for a directive","Recital 23"]],"meps":[125012],"meta":{"created":"2019-07-03T06:53:18"},"new":["(23) In order to increase transparency","and promote proportionality assessments","based on comparable criteria, it is","important that the information submitted","by Member States be easily accessible in","the database of regulated professions to","allow all Member States to submit","comments."],"old":["(23) In order to increase transparency","and promote proportionality assessments","based on comparable criteria, it is","important that the information submitted","by Member States be easily accessible in","the database of regulated professions to","allow all interested parties to submit","comments."],"orig_lang":"ro","peid":"PE603.089v02-00","reference":"2016/0404(COD)","seq":"54","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-603089_EN.pdf"},{"authors":"Daniel Buda","changes":{},"committee":["JURI"],"date":"2017-06-01T00:00:00","id":"PE603.089-55","location":[["Proposal for a directive","Recital 24"]],"meps":[125012],"meta":{"created":"2019-07-03T06:53:18"},"new":["(24) The objectives of this Directive,","namely the removal of disproportionate","restrictions on access to or pursuit of","regulated professions cannot be sufficiently","achieved by the Member States but can","rather, by reason of the scale of the action,","be better achieved at Union level, the","Union may adopt measures, in accordance","with the principle of subsidiarity as set out","in Article 5 of the Treaty on European","Union. In accordance with the principle of","proportionality, as set out in that Article,","this Directive does not go beyond what is","necessary in order to achieve those","objectives. This Directive seeks to strike","the right balance between securing public","interest objectives and the quality of","services on the one hand alongside","improving the access to and exercise of","regulated professions for the professionals","themselves, whilst ensuring a wider choice","for consumers on the other, but takes into","account the fact that the regulation of","professional services of general interest","remains a prerogative of the Member","States."],"old":["(24) Since the objectives of this","Directive, namely the removal of","disproportionate restrictions on access to or","pursuit of regulated professions cannot be","sufficiently achieved by the Member States","but can rather, by reason of the scale of the","action, be better achieved at Union level,","the Union may adopt measures, in","accordance with the principle of","subsidiarity as set out in Article 5 of the","Treaty on European Union. In accordance","with the principle of proportionality, as set","out in that Article, this Directive does not","go beyond what is necessary in order to","achieve those objectives,",""],"orig_lang":"ro","peid":"PE603.089v02-00","reference":"2016/0404(COD)","seq":"55","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-603089_EN.pdf"},{"authors":" Daniel Buda","changes":{},"committee":["JURI"],"date":"2017-06-01T00:00:00","id":"PE603.089-56","location":[[" Proposal for a directive","Article 2 \u2013 paragraph 1"]],"meps":[125012],"meta":{"created":"2019-07-03T06:53:18"},"new":["1. This Directive shall apply to","legislative, regulatory and administrative","provisions of the Member States restricting","access to a regulated profession coming","under the scope of Directive 2005/36/EC,","or its pursuit, or one of its modes of","pursuit, including the use of professional","titles and the professional activities","allowed under such title, falling within the","scope of Directive 2005/36/EC."],"old":["1. This Directive shall apply to","requirements under the legal systems of","the Member States restricting access to a","regulated profession or its pursuit, or one","of its modes of pursuit, including the use of","professional titles and the professional","activities allowed under such title, falling","within the scope of Directive 2005/36/EC."],"orig_lang":"ro","peid":"PE603.089v02-00","reference":"2016/0404(COD)","seq":"56","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-603089_EN.pdf"},{"authors":" Daniel Buda","changes":{},"committee":["JURI"],"date":"2017-06-01T00:00:00","id":"PE603.089-57","location":[[" Proposal for a directive","Article 3 \u2013 paragraph 2 \u2013 point a"]],"meps":[125012],"meta":{"created":"2019-07-03T06:53:18"},"new":["(a) \"protected professional title\" means","a form of regulating a profession where the","use of the title in a professional activity or","group of professional activities is subject to","a particular professional qualification in the","relevant field by virtue of legislative,","regulatory or administrative provisions,","either directly, or indirectly, and where the","improper use of this title is subject to","sanctions."],"old":["(a) \"protected professional title\" means","a form of regulating a profession where the","use of the title in a professional activity or","group of professional activities is subject to","a particular professional qualification in the","relevant field by virtue of legislative,","regulatory or administrative provisions,","","either directly, or indirectly, and where the","improper use of this title is subject to","sanctions or other measures."],"orig_lang":"ro","peid":"PE603.089v02-00","reference":"2016/0404(COD)","seq":"57","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-603089_EN.pdf"},{"authors":"Daniel Buda","changes":{},"committee":["JURI"],"date":"2017-06-01T00:00:00","id":"PE603.089-58","location":[["Proposal for a directive","Article 4 \u2013 title"]],"meps":[125012],"meta":{"created":"2019-07-03T06:53:18"},"new":["Ex ante assessment of new measures and","monitoring"],"old":["Ex ante assessment of new measures"],"orig_lang":"ro","peid":"PE603.089v02-00","reference":"2016/0404(COD)","seq":"58","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-603089_EN.pdf"},{"authors":"Daniel Buda","changes":{},"committee":["JURI"],"date":"2017-06-01T00:00:00","id":"PE603.089-59","location":[["Proposal for a directive","Article 4 \u2013 paragraph 1"]],"meps":[125012],"meta":{"created":"2019-07-03T06:53:18"},"new":["1. Member States shall ensure that","they undertake an assessment of","proportionality in accordance with the","rules laid down in this Directive before","introducing new legislative provisions, or","amending existing regulatory or","administrative provisions, restricting","access to or pursuit of regulated","professions."],"old":["1. Member States shall ensure that","before introducing new legislative,","regulatory or administrative provisions","restricting access to or pursuit of","regulated professions, or amending","existing ones, the relevant competent","authorities undertake an assessment of","their proportionality in accordance with","the rules laid down in this Directive."],"orig_lang":"ro","peid":"PE603.089v02-00","reference":"2016/0404(COD)","seq":"59","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-603089_EN.pdf"},{"authors":"Daniel Buda","changes":{},"committee":["JURI"],"date":"2017-06-01T00:00:00","id":"PE603.089-60","location":[[" Proposal for a directive","Article 4 \u2013 paragraph 2"]],"meps":[125012],"meta":{"created":"2019-07-03T06:53:18"},"new":["2. Any provision referred to in","paragraph 1 shall be accompanied by a","detailed statement making it possible to","appraise compliance with the principle of","proportionality, taking full account of the","specific nature of each profession and the","regulatory framework for professions."],"old":["2. Any provision referred to in","paragraph 1 shall be accompanied by a","detailed statement making it possible to","appraise compliance with the principle of","proportionality."],"orig_lang":"ro","peid":"PE603.089v02-00","reference":"2016/0404(COD)","seq":"60","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-603089_EN.pdf"},{"authors":" Daniel Buda","changes":{},"committee":["JURI"],"date":"2017-06-01T00:00:00","id":"PE603.089-61","location":[[" Proposal for a directive","Article 4 \u2013 paragraph 3"]],"meps":[125012],"meta":{"created":"2019-07-03T06:53:19"},"new":["3. The reasons for considering that a","provision is justified, necessary and","proportionate shall be substantiated by","qualitative and, wherever possible and","relevant, quantitative means, taking","account of the specific circumstances of","that Member State."],"old":["3. The reasons for considering that a","provision is justified, necessary and","proportionate shall be substantiated by","qualitative and, wherever possible,","quantitative evidence."],"orig_lang":"ro","peid":"PE603.089v02-00","reference":"2016/0404(COD)","seq":"61","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-603089_EN.pdf"},{"authors":" Daniel Buda","changes":{},"committee":["JURI"],"date":"2017-06-01T00:00:00","id":"PE603.089-62","location":[[" Proposal for a directive","Article 4 \u2013 paragraph 4"]],"meps":[125012],"meta":{"created":"2019-07-03T06:53:19"},"new":["4. Member States shall monitor the","proportionality of new or amended","legislative, regulatory or administrative","provisions restricting access to or pursuit","of regulated professions, having due regard","to the analysis of the whole regulatory","framework for the profession concerned,","as well as to any developments that have","occurred since the measure concerned was","adopted."],"old":["4. Member States shall monitor the","proportionality of legislative, regulatory or","administrative provisions restricting access","to or pursuit of regulated professions on a","","regular basis and with a frequency","appropriate to the regulation concerned,","having due regard to any developments","that have occurred since the measure","concerned was adopted."],"orig_lang":"ro","peid":"PE603.089v02-00","reference":"2016/0404(COD)","seq":"62","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-603089_EN.pdf"},{"authors":"Daniel Buda","changes":{},"committee":["JURI"],"date":"2017-06-01T00:00:00","id":"PE603.089-63","location":[["Proposal for a directive","Article 4 \u2013 paragraph 5"]],"meps":[125012],"meta":{"created":"2019-07-03T06:53:19"},"new":["5. Member States shall take the","necessary measures, openly and","transparently, to ensure that the","assessment of proportionality referred to in","paragraph 1 is carried out in an objective","and independent manner, taking objective","comments into consideration, including","through involvement of independent","scrutiny bodies."],"old":["5. Member States shall take the","necessary measures to ensure that the","assessment of proportionality referred to in","paragraph 1 is carried out in an objective","and independent manner including through","involvement of independent scrutiny","bodies."],"orig_lang":"ro","peid":"PE603.089v02-00","reference":"2016/0404(COD)","seq":"63","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-603089_EN.pdf"},{"authors":"Viktor Uspaskich","changes":{},"committee":["JURI"],"date":"2017-06-01T00:00:00","id":"PE603.089-64","location":[["Proposal for a directive","Article 5 \u2013 paragraph 2"]],"meps":[96698],"meta":{"created":"2019-07-03T06:53:19"},"new":["2. The relevant competent authorities","shall consider in particular whether those","provisions are objectively justified on the","basis of public policy, public security or","public health, or by overriding reasons in","the public interest, such as preserving the","financial equilibrium of the social security","system, the protection of consumers,","recipients of services, creditors and","workers, including the social protection of","workers, the safeguarding of the proper","administration of justice, fairness of trade","transactions, fight against unfair","competition, combating fraud and","prevention of tax evasion and tax","avoidance, road safety, the protection of","the environment and the urban","environment, including land - use","planning, animal welfare and veterinary","policy, intellectual property, the","safeguarding and conservation of the","national historic and artistic heritage, social","policy objectives and cultural policy","objectives, including the safeguarding of","freedom of expression."],"old":["2. The relevant competent authorities","shall consider in particular whether those","provisions are objectively justified on the","basis of public policy, public security or","public health, or by overriding reasons in","the public interest, such as preserving the","financial equilibrium of the social security","system, the protection of consumers,","","recipients of services and workers, the","safeguarding of the proper administration","of justice, fairness of trade transactions,","combating fraud and prevention of tax","evasion and avoidance, road safety, the","protection of the environment and the","urban environment, the health of animals,","intellectual property, the safeguarding and","conservation of the national historic and","artistic heritage, social policy objectives","and cultural policy objectives."],"orig_lang":"en","peid":"PE603.089v02-00","reference":"2016/0404(COD)","seq":"64","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-603089_EN.pdf"},{"authors":" Ji\u0159\u00ed Ma\u0161t\u00e1lka","changes":{},"committee":["JURI"],"date":"2017-06-01T00:00:00","id":"PE603.089-65","location":[[" Proposal for a directive","Article 5 \u2013 paragraph 2"]],"meps":[23704],"meta":{"created":"2019-07-03T06:53:19"},"new":["2. The relevant competent authorities","shall consider in particular whether those","provisions are objectively justified on the","basis of public policy, public security or","public health, or by overriding reasons in","the public interest, such as preserving the","financial equilibrium of the social security","system, the protection of consumers,","recipients of services and workers, the","safeguarding of the proper administration","of justice, fairness of trade transactions,","combating fraud and prevention of tax","evasion and avoidance, road safety, the","protection of the environment and the","urban environment, the health of animals,","intellectual property, the safeguarding and","conservation of the national historic and","artistic heritage, social policy objectives","and cultural policy objectives, as well as","the maintenance of a good system of","professional and vocational training","following the system of the Member State","concerned."],"old":["2. The relevant competent authorities","shall consider in particular whether those","provisions are objectively justified on the","basis of public policy, public security or","public health, or by overriding reasons in","the public interest, such as preserving the","financial equilibrium of the social security","system, the protection of consumers,","recipients of services and workers, the","safeguarding of the proper administration","of justice, fairness of trade transactions,","combating fraud and prevention of tax","evasion and avoidance, road safety, the","protection of the environment and the","urban environment, the health of animals,","intellectual property, the safeguarding and","conservation of the national historic and","artistic heritage, social policy objectives","","and cultural policy objectives."],"orig_lang":"en","peid":"PE603.089v02-00","reference":"2016/0404(COD)","seq":"65","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-603089_EN.pdf"},{"authors":"Daniel Buda","changes":{},"committee":["JURI"],"date":"2017-06-01T00:00:00","id":"PE603.089-66","location":[["Proposal for a directive","Article 5 \u2013 paragraph 2"]],"meps":[125012],"meta":{"created":"2019-07-03T06:53:19"},"new":["2. The Member States shall consider","in particular whether those provisions are","objectively justified on the basis of public","policy, public security or public health, or","by overriding reasons in the public interest,","such as preserving the financial","equilibrium of the social security system,","the protection of consumers, recipients of","services and workers, the safeguarding of","the proper administration of justice,","fairness of trade transactions, combating","fraud and prevention of tax evasion and","avoidance, transport safety, the protection","of the environment and the urban","environment, the health of animals,","intellectual property, the safeguarding and","conservation of the national historic and","artistic heritage, social policy objectives","and cultural policy objectives."],"old":["2. The relevant competent authorities","shall consider in particular whether those","provisions are objectively justified on the","basis of public policy, public security or","public health, or by overriding reasons in","the public interest, such as preserving the","financial equilibrium of the social security","system, the protection of consumers,","recipients of services and workers, the","safeguarding of the proper administration","of justice, fairness of trade transactions,","combating fraud and prevention of tax","evasion and avoidance, road safety, the","protection of the environment and the","urban environment, the health of animals,","intellectual property, the safeguarding and","conservation of the national historic and","artistic heritage, social policy objectives","and cultural policy objectives."],"orig_lang":"ro","peid":"PE603.089v02-00","reference":"2016/0404(COD)","seq":"66","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-603089_EN.pdf"},{"authors":"Daniel Buda","changes":{},"committee":["JURI"],"date":"2017-06-01T00:00:00","id":"PE603.089-67","location":[["Proposal for a directive","Article 5 \u2013 paragraph 3"]],"meps":[125012],"meta":{"created":"2019-07-03T06:53:19"},"new":["3. Grounds of a purely economic","nature or purely administrative reasons","shall not constitute overriding reasons in","the public interest, justifying a restriction","on access to or pursuit of regulated","professions."],"old":["3. Grounds of a purely economic","nature having essentially protectionist aim","or effects or purely administrative reasons","shall not constitute overriding reasons in","the public interest, justifying a restriction","on access to or pursuit of regulated","professions."],"orig_lang":"ro","peid":"PE603.089v02-00","reference":"2016/0404(COD)","seq":"67","src":"http://www.europarl.europa.eu/doceo/document/JURI-AM-603089_EN.pdf"},{"authors":" Daniel Buda","changes":{},"committee":["JURI"],"date":"2017-06-01T00:00:00","id":"PE603.089-68","location":[[" Proposal for a directive","Article 6 \u2013 paragraph 2 \u2013 introductory part"]],"meps":[125012],"meta":{"created":"2019-07-03T06:53:19"},"new":["2. When Member States assess the","necessity and the proportionality of the","provisions, the extent of the assessment","must be proportionate to the content and","the impact of the provision. Member","States should take into consideration:"],"old":["2. 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PURPOSE: to remove the disproportionate restrictions\non access to or pursuit of regulated professions.
\nPROPOSED ACT: Directive of the European Parliament and\nof the Council.
\nROLE OF THE EUROPEAN PARLIAMENT: the European\nParliament decides in accordance with the ordinary legislative\nprocedure and on an equal footing with the Council.
\nBACKGROUND: according to a recent survey carried out\nin April 2015 in all 28 Member States, at least 21% of the\nlabour force in the European Union (50 million people) can be\nconsidered as working in a regulated profession (activities where a\nspecific professional qualification is required). It is up to each\nMember State to decide whether there is a need to intervene and\nimpose rules and restrictions for the access to or pursuit of a\nprofession, so long as the principles of non-discrimination and\nproportionality are respected.
\nDirective\n2005/36/EC of the European Parliament and of the Council on the\nrecognition of professional qualifications established the\nobligation for Member States to assess the proportionality of their\nrequirements restricting access to or pursuit of regulated\nprofessions and to communicate to the Commission the results of the\nassessment, launching the so-called mutual evaluation process. That\nprocess meant that Member States had to carry out a screening of\nall their legislation on all professions regulated in their\nterritory.
\nThe results of the mutual evaluation process revealed\na lack of clarity as regards the criteria to be used by\nnational competent authorities when assessing the proportionality\nof requirements restricting access to or pursuit of regulated\nprofessions, as well as uneven scrutiny of such measures at all\nlevels of regulation.
\nTo avoid fragmentation of the internal market and\neliminate barriers to taking-up and pursuit of certain employed or\nself-employed activities, it is therefore necessary to establish a\ncommon approach at Union level, preventing disproportionate\nmeasures from being adopted
\nIn its Communication\nof 28 October 2015: Upgrading the Single market: more\nopportunities for people and businesses, the Commission\nidentified the need to adopt an analytical proportionality\nframework for Member States to use when reviewing existing\nregulations of professions or proposing new ones.
\nIMPACT ASSESSMENT: the preferred option includes: (i)\nlaying down the minimum criteria for conducting proportionality\nchecks, based on and complementing the case-law and by introducing\ntransparency on Member States' assessments through a binding\ninstrument (Directive); (ii) supplementing this approach with\nfurther procedural aspects, such as public consultations and\nperiodic review
\nCONTENT: the proposed Directive aims to create a\nlegal framework for conducting proportionality assessments\nbefore introducing new or modifying existing legislative,\nregulatory or administrative provisions restricting access to or\npursuit of regulated professions.
\nThe main objectives of the action are to introduce\nmore clarity to the applicable criteria, strengthen reliability,\ntransparency and comparability across Member Stares and ensure that\nrules are applied in an equal manner so as to prevent further\nburdening and fragmenting the Single Market.
\nMore specifically, the proposal:
\nPURPOSE: to remove the disproportionate restrictions\non access to or pursuit of regulated professions.
\nPROPOSED ACT: Directive of the European Parliament and\nof the Council.
\nROLE OF THE EUROPEAN PARLIAMENT: the European\nParliament decides in accordance with the ordinary legislative\nprocedure and on an equal footing with the Council.
\nBACKGROUND: according to a recent survey carried out\nin April 2015 in all 28 Member States, at least 21% of the\nlabour force in the European Union (50 million people) can be\nconsidered as working in a regulated profession (activities where a\nspecific professional qualification is required). It is up to each\nMember State to decide whether there is a need to intervene and\nimpose rules and restrictions for the access to or pursuit of a\nprofession, so long as the principles of non-discrimination and\nproportionality are respected.
\nDirective\n2005/36/EC of the European Parliament and of the Council on the\nrecognition of professional qualifications established the\nobligation for Member States to assess the proportionality of their\nrequirements restricting access to or pursuit of regulated\nprofessions and to communicate to the Commission the results of the\nassessment, launching the so-called mutual evaluation process. That\nprocess meant that Member States had to carry out a screening of\nall their legislation on all professions regulated in their\nterritory.
\nThe results of the mutual evaluation process revealed\na lack of clarity as regards the criteria to be used by\nnational competent authorities when assessing the proportionality\nof requirements restricting access to or pursuit of regulated\nprofessions, as well as uneven scrutiny of such measures at all\nlevels of regulation.
\nTo avoid fragmentation of the internal market and\neliminate barriers to taking-up and pursuit of certain employed or\nself-employed activities, it is therefore necessary to establish a\ncommon approach at Union level, preventing disproportionate\nmeasures from being adopted
\nIn its Communication\nof 28 October 2015: Upgrading the Single market: more\nopportunities for people and businesses, the Commission\nidentified the need to adopt an analytical proportionality\nframework for Member States to use when reviewing existing\nregulations of professions or proposing new ones.
\nIMPACT ASSESSMENT: the preferred option includes: (i)\nlaying down the minimum criteria for conducting proportionality\nchecks, based on and complementing the case-law and by introducing\ntransparency on Member States' assessments through a binding\ninstrument (Directive); (ii) supplementing this approach with\nfurther procedural aspects, such as public consultations and\nperiodic review
\nCONTENT: the proposed Directive aims to create a\nlegal framework for conducting proportionality assessments\nbefore introducing new or modifying existing legislative,\nregulatory or administrative provisions restricting access to or\npursuit of regulated professions.
\nThe main objectives of the action are to introduce\nmore clarity to the applicable criteria, strengthen reliability,\ntransparency and comparability across Member Stares and ensure that\nrules are applied in an equal manner so as to prevent further\nburdening and fragmenting the Single Market.
\nMore specifically, the proposal:
\nPURPOSE: to remove the disproportionate restrictions\non access to or pursuit of regulated professions.
\nPROPOSED ACT: Directive of the European Parliament and\nof the Council.
\nROLE OF THE EUROPEAN PARLIAMENT: the European\nParliament decides in accordance with the ordinary legislative\nprocedure and on an equal footing with the Council.
\nBACKGROUND: according to a recent survey carried out\nin April 2015 in all 28 Member States, at least 21% of the\nlabour force in the European Union (50 million people) can be\nconsidered as working in a regulated profession (activities where a\nspecific professional qualification is required). It is up to each\nMember State to decide whether there is a need to intervene and\nimpose rules and restrictions for the access to or pursuit of a\nprofession, so long as the principles of non-discrimination and\nproportionality are respected.
\nDirective\n2005/36/EC of the European Parliament and of the Council on the\nrecognition of professional qualifications established the\nobligation for Member States to assess the proportionality of their\nrequirements restricting access to or pursuit of regulated\nprofessions and to communicate to the Commission the results of the\nassessment, launching the so-called mutual evaluation process. That\nprocess meant that Member States had to carry out a screening of\nall their legislation on all professions regulated in their\nterritory.
\nThe results of the mutual evaluation process revealed\na lack of clarity as regards the criteria to be used by\nnational competent authorities when assessing the proportionality\nof requirements restricting access to or pursuit of regulated\nprofessions, as well as uneven scrutiny of such measures at all\nlevels of regulation.
\nTo avoid fragmentation of the internal market and\neliminate barriers to taking-up and pursuit of certain employed or\nself-employed activities, it is therefore necessary to establish a\ncommon approach at Union level, preventing disproportionate\nmeasures from being adopted
\nIn its Communication\nof 28 October 2015: Upgrading the Single market: more\nopportunities for people and businesses, the Commission\nidentified the need to adopt an analytical proportionality\nframework for Member States to use when reviewing existing\nregulations of professions or proposing new ones.
\nIMPACT ASSESSMENT: the preferred option includes: (i)\nlaying down the minimum criteria for conducting proportionality\nchecks, based on and complementing the case-law and by introducing\ntransparency on Member States' assessments through a binding\ninstrument (Directive); (ii) supplementing this approach with\nfurther procedural aspects, such as public consultations and\nperiodic review
\nCONTENT: the proposed Directive aims to create a\nlegal framework for conducting proportionality assessments\nbefore introducing new or modifying existing legislative,\nregulatory or administrative provisions restricting access to or\npursuit of regulated professions.
\nThe main objectives of the action are to introduce\nmore clarity to the applicable criteria, strengthen reliability,\ntransparency and comparability across Member Stares and ensure that\nrules are applied in an equal manner so as to prevent further\nburdening and fragmenting the Single Market.
\nMore specifically, the proposal:
\nThe Committee on the Internal Market and Consumer\nProtection adopted the report by Andreas SCHWAB (EPP, DE) on the\nproposal for a directive of the European Parliament and of the\nCouncil on a proportionality test before adoption of new regulation\nof professions.
\nThe committee recommended that the European\nParliaments position adopted at first reading under the\nordinary legislative procedure should amend the Commission proposal\nas follows.
\nSubject matter: the\nDirective shall lay down rules on a common framework for conducting\nproportionality assessments before introducing new, or amending\nexisting, legislative, regulatory or administrative provisions\nrestricting access to or pursuit of regulated professions, with a\nview to ensuring the proper functioning of the internal market,\nwhile guaranteeing a high quality of professional services\nprovided, and a high level of consumer protection.
\nThis Directive shall not affect Member States'\ncompetence, in the absence of harmonisation, to regulate a\nprofession within the limits of the principles of\nnon-discrimination and proportionality.
\nEx ante evaluation of new measures and\nmonitoring: the extent of the\nassessment shall be proportionate to the nature, the content and\nthe impact of the provision being introduced, in the light of the\nspecific rules, governing the profession concerned.
\nMember States shall take the necessary measures to\nensure that the assessment is carried out in an objective and\nindependent manner.
\nSpecific status of health services: Members believe that it is important to protect the\nhealth sector and the quality of healthcare services without\nhindering the functioning of the internal market. Given the\nspecific nature of healthcare professions, recognised by the\nEuropean legislator and the case-law of the Court of Justice,\nMembers proposed to create a separate status for health\nprofessions, in order to guarantee their protection in respect of\nthe principle of proportionality.
\nWith regard to the regulation of the health\nprofessions, Member States shall have a sufficient margin of\nappreciation to ensure a high level of protection of human\nhealth.
\nNon-discrimination:\naccording to the case-law of the Court of Justice, Members proposed\nthat when introducing new or amending existing legislative,\nregulatory or administrative provisions restricting access to or\npursuit of regulated professions, Member States shall ensure that\nthose provisions are neither directly nor indirectly discriminatory\non the basis of nationality or residence.
\nOverriding reasons of general interest: Members proposed to complete the list of\njustifications on grounds of public interest objectives on the\nbasis of the TFEU or recognised as such by the Court of Justice.\nThis shall include: the effectiveness of fiscal supervision;\ntransport safety; guaranteeing the quality of craft work; the\npromotion of research and development.
\nMember States shall have a reasonable margin of\nappreciation to determine the level of protection, which they\nwish to afford to public interest objectives, within the limits of\nproportionality.
\nFreedom to provide services: Member States shall also ensure compliance with the\nprinciple of proportionality of specific requirements relating to\nthe cross-border provision of services.
\nTaking into account the temporary or occasional nature\nof the service, requirements such as automatic temporary\nregistration or pro forma membership of a professional\norganisation, professional identity cards, prior declarations and\ndocument requirements, any form of business premises, including an\noffice, as well as the payment of a fee or any charges, shall be\nproportionate and not lead to a disproportionate burden on\nservice providers.
\nInformation and stakeholder\ninvolvement: before introducing any\nprovisions restricting access to or exercise of regulated\nprofessions, Member States shall carry out public\nconsultations with all stakeholders, including social partners,\nand given them the opportunity to make views known.
\nJudicial review:\nnational courts shall be able to assess the proportionality of\nprovisions falling within the scope of this Directive, in order to\nensure for each natural or legal person the right to an effective\njudicial remedy against restrictions to the freedom to choose an\noccupation, to exercise the right of establishment and to provide\nservices.
\nExchange of information and\ntransparency: Member States shall\ntake the necessary measures to encourage the sharing of adequate\nand regularly updated information with other Member States on the\nregulation of professions, as well as on the effects of such\nregulation. The Commission shall facilitate that exchange of best\npractices among Member States.
\nIn addition, the reasons that Member States submit for\nconsidering that provisions are non-discriminatory, justified and\nproportionate should be easily accessible in the database of\nregulated professions to allow other Member States to submit their\nobservations to the Commission. These observations should be duly\ntaken into account by the Commission in its summary\nreport.
\nThe European Parliament adopted by 519 votes to\n112 with 8 abstentions a legislative resolution on the proposal for\na directive of the European Parliament and of the Council on a\nproportionality test before adoption of new regulation of\nprofessions.
\nParliaments position adopted at first\nreading under the ordinary legislative procedure amends the\nproposal as follows:
\nPurpose: the Directive aims to establish\nrules for proportionality assessments to be conducted by\nMember States before the introduction of new, or the amendment of\nexisting, professional regulations, in order to ensure the proper\nfunctioning of the internal market, while guaranteeing transparency\nand a high level of consumer protection.
\nIt does not affect the Member States\ncompetence, in the absence of harmonisation, and margin of\ndiscretion to decide whether and how to regulate a profession\nwithin the limits of the principles of non-discrimination and\nproportionality.
\nMember States will remain free to define\nthe organisation and the content of their systems of education and\nprofessional training, and in particular as regards the possibility\nfor them to delegate to professional organisations the power to\norganise or supervise professional education and\ntraining.
\nEx ante assessment of new\nmeasures and monitoring: Member States shall undertake an\nassessment of proportionality before introducing new, or\namending existing, legislative, regulatory or administrative\nprovisions restricting access to regulated professions.
\nThe extent of the assessment shall be\nproportionate to the nature, the content and the impact of the\nprovision and shall be accompanied by an explanation\nwhich is sufficiently detailed to make it possible to\nappraise compliance with the principle of\nproportionality.
\nThe assessment must be carried out in an\nobjective and independent manner.
\nMember States shall monitor\nthe compliance of new or amended legislative,\nregulatory or administrative provisions restricting access to\nregulated professions, after adoption, with the\nprinciple of proportionality.
\nParliament specified that justifications\nmotivated by public interest objectives should include the\nprotection of consumers, the recipients of services, including by\nguaranteeing the quality of work, and of workers, ensuring\nthe fairness of trade transactions, safeguarding the\neffectiveness of fiscal supervision and\ntransport safety.
\nNon-discrimination: as confirmed by settled\ncase-law, any unjustified restriction resulting from national law\nrestricting the freedom of establishment or the freedom to provide\nservices is prohibited, including any discrimination on grounds of\nnationality or residence.
\nProportionality: before introducing new provisions restricting access\nto or the exercise of regulated professions or modifying existing provisions,\nMember States should take into account elements such as:
\nMember States should take account of the\nobjective of ensuring a high level of human health\nprotection when assessing requirements for healthcare\nprofessions, such as reserved activities, protected professional\ntitle, continuous professional development or rules relating to the\norganisation of the profession, professional ethics and\nsupervision, while respecting the minimum training conditions, laid\ndown in Directive\n2005/36/EC on the recognition of professional\nqualifications.
\nLastly, Member States shall appropriately\ninvolve all parties concerned and shall give them the\nopportunity to make their views known.
\nPURPOSE: to remove the disproportionate restrictions\non access to or pursuit of regulated professions.
\nPROPOSED ACT: Directive of the European Parliament and\nof the Council.
\nROLE OF THE EUROPEAN PARLIAMENT: the European\nParliament decides in accordance with the ordinary legislative\nprocedure and on an equal footing with the Council.
\nBACKGROUND: according to a recent survey carried out\nin April 2015 in all 28 Member States, at least 21% of the\nlabour force in the European Union (50 million people) can be\nconsidered as working in a regulated profession (activities where a\nspecific professional qualification is required). It is up to each\nMember State to decide whether there is a need to intervene and\nimpose rules and restrictions for the access to or pursuit of a\nprofession, so long as the principles of non-discrimination and\nproportionality are respected.
\nDirective\n2005/36/EC of the European Parliament and of the Council on the\nrecognition of professional qualifications established the\nobligation for Member States to assess the proportionality of their\nrequirements restricting access to or pursuit of regulated\nprofessions and to communicate to the Commission the results of the\nassessment, launching the so-called mutual evaluation process. That\nprocess meant that Member States had to carry out a screening of\nall their legislation on all professions regulated in their\nterritory.
\nThe results of the mutual evaluation process revealed\na lack of clarity as regards the criteria to be used by\nnational competent authorities when assessing the proportionality\nof requirements restricting access to or pursuit of regulated\nprofessions, as well as uneven scrutiny of such measures at all\nlevels of regulation.
\nTo avoid fragmentation of the internal market and\neliminate barriers to taking-up and pursuit of certain employed or\nself-employed activities, it is therefore necessary to establish a\ncommon approach at Union level, preventing disproportionate\nmeasures from being adopted
\nIn its Communication\nof 28 October 2015: Upgrading the Single market: more\nopportunities for people and businesses, the Commission\nidentified the need to adopt an analytical proportionality\nframework for Member States to use when reviewing existing\nregulations of professions or proposing new ones.
\nIMPACT ASSESSMENT: the preferred option includes: (i)\nlaying down the minimum criteria for conducting proportionality\nchecks, based on and complementing the case-law and by introducing\ntransparency on Member States' assessments through a binding\ninstrument (Directive); (ii) supplementing this approach with\nfurther procedural aspects, such as public consultations and\nperiodic review
\nCONTENT: the proposed Directive aims to create a\nlegal framework for conducting proportionality assessments\nbefore introducing new or modifying existing legislative,\nregulatory or administrative provisions restricting access to or\npursuit of regulated professions.
\nThe main objectives of the action are to introduce\nmore clarity to the applicable criteria, strengthen reliability,\ntransparency and comparability across Member Stares and ensure that\nrules are applied in an equal manner so as to prevent further\nburdening and fragmenting the Single Market.
\nMore specifically, the proposal:
\nThe Committee on the Internal Market and Consumer\nProtection adopted the report by Andreas SCHWAB (EPP, DE) on the\nproposal for a directive of the European Parliament and of the\nCouncil on a proportionality test before adoption of new regulation\nof professions.
\nThe committee recommended that the European\nParliaments position adopted at first reading under the\nordinary legislative procedure should amend the Commission proposal\nas follows.
\nSubject matter: the\nDirective shall lay down rules on a common framework for conducting\nproportionality assessments before introducing new, or amending\nexisting, legislative, regulatory or administrative provisions\nrestricting access to or pursuit of regulated professions, with a\nview to ensuring the proper functioning of the internal market,\nwhile guaranteeing a high quality of professional services\nprovided, and a high level of consumer protection.
\nThis Directive shall not affect Member States'\ncompetence, in the absence of harmonisation, to regulate a\nprofession within the limits of the principles of\nnon-discrimination and proportionality.
\nEx ante evaluation of new measures and\nmonitoring: the extent of the\nassessment shall be proportionate to the nature, the content and\nthe impact of the provision being introduced, in the light of the\nspecific rules, governing the profession concerned.
\nMember States shall take the necessary measures to\nensure that the assessment is carried out in an objective and\nindependent manner.
\nSpecific status of health services: Members believe that it is important to protect the\nhealth sector and the quality of healthcare services without\nhindering the functioning of the internal market. Given the\nspecific nature of healthcare professions, recognised by the\nEuropean legislator and the case-law of the Court of Justice,\nMembers proposed to create a separate status for health\nprofessions, in order to guarantee their protection in respect of\nthe principle of proportionality.
\nWith regard to the regulation of the health\nprofessions, Member States shall have a sufficient margin of\nappreciation to ensure a high level of protection of human\nhealth.
\nNon-discrimination:\naccording to the case-law of the Court of Justice, Members proposed\nthat when introducing new or amending existing legislative,\nregulatory or administrative provisions restricting access to or\npursuit of regulated professions, Member States shall ensure that\nthose provisions are neither directly nor indirectly discriminatory\non the basis of nationality or residence.
\nOverriding reasons of general interest: Members proposed to complete the list of\njustifications on grounds of public interest objectives on the\nbasis of the TFEU or recognised as such by the Court of Justice.\nThis shall include: the effectiveness of fiscal supervision;\ntransport safety; guaranteeing the quality of craft work; the\npromotion of research and development.
\nMember States shall have a reasonable margin of\nappreciation to determine the level of protection, which they\nwish to afford to public interest objectives, within the limits of\nproportionality.
\nFreedom to provide services: Member States shall also ensure compliance with the\nprinciple of proportionality of specific requirements relating to\nthe cross-border provision of services.
\nTaking into account the temporary or occasional nature\nof the service, requirements such as automatic temporary\nregistration or pro forma membership of a professional\norganisation, professional identity cards, prior declarations and\ndocument requirements, any form of business premises, including an\noffice, as well as the payment of a fee or any charges, shall be\nproportionate and not lead to a disproportionate burden on\nservice providers.
\nInformation and stakeholder\ninvolvement: before introducing any\nprovisions restricting access to or exercise of regulated\nprofessions, Member States shall carry out public\nconsultations with all stakeholders, including social partners,\nand given them the opportunity to make views known.
\nJudicial review:\nnational courts shall be able to assess the proportionality of\nprovisions falling within the scope of this Directive, in order to\nensure for each natural or legal person the right to an effective\njudicial remedy against restrictions to the freedom to choose an\noccupation, to exercise the right of establishment and to provide\nservices.
\nExchange of information and\ntransparency: Member States shall\ntake the necessary measures to encourage the sharing of adequate\nand regularly updated information with other Member States on the\nregulation of professions, as well as on the effects of such\nregulation. The Commission shall facilitate that exchange of best\npractices among Member States.
\nIn addition, the reasons that Member States submit for\nconsidering that provisions are non-discriminatory, justified and\nproportionate should be easily accessible in the database of\nregulated professions to allow other Member States to submit their\nobservations to the Commission. These observations should be duly\ntaken into account by the Commission in its summary\nreport.
\nThe European Parliament adopted by 519 votes to\n112 with 8 abstentions a legislative resolution on the proposal for\na directive of the European Parliament and of the Council on a\nproportionality test before adoption of new regulation of\nprofessions.
\nParliaments position adopted at first\nreading under the ordinary legislative procedure amends the\nproposal as follows:
\nPurpose: the Directive aims to establish\nrules for proportionality assessments to be conducted by\nMember States before the introduction of new, or the amendment of\nexisting, professional regulations, in order to ensure the proper\nfunctioning of the internal market, while guaranteeing transparency\nand a high level of consumer protection.
\nIt does not affect the Member States\ncompetence, in the absence of harmonisation, and margin of\ndiscretion to decide whether and how to regulate a profession\nwithin the limits of the principles of non-discrimination and\nproportionality.
\nMember States will remain free to define\nthe organisation and the content of their systems of education and\nprofessional training, and in particular as regards the possibility\nfor them to delegate to professional organisations the power to\norganise or supervise professional education and\ntraining.
\nEx ante assessment of new\nmeasures and monitoring: Member States shall undertake an\nassessment of proportionality before introducing new, or\namending existing, legislative, regulatory or administrative\nprovisions restricting access to regulated professions.
\nThe extent of the assessment shall be\nproportionate to the nature, the content and the impact of the\nprovision and shall be accompanied by an explanation\nwhich is sufficiently detailed to make it possible to\nappraise compliance with the principle of\nproportionality.
\nThe assessment must be carried out in an\nobjective and independent manner.
\nMember States shall monitor\nthe compliance of new or amended legislative,\nregulatory or administrative provisions restricting access to\nregulated professions, after adoption, with the\nprinciple of proportionality.
\nParliament specified that justifications\nmotivated by public interest objectives should include the\nprotection of consumers, the recipients of services, including by\nguaranteeing the quality of work, and of workers, ensuring\nthe fairness of trade transactions, safeguarding the\neffectiveness of fiscal supervision and\ntransport safety.
\nNon-discrimination: as confirmed by settled\ncase-law, any unjustified restriction resulting from national law\nrestricting the freedom of establishment or the freedom to provide\nservices is prohibited, including any discrimination on grounds of\nnationality or residence.
\nProportionality: before introducing new provisions restricting access\nto or the exercise of regulated professions or modifying existing provisions,\nMember States should take into account elements such as:
\nMember States should take account of the\nobjective of ensuring a high level of human health\nprotection when assessing requirements for healthcare\nprofessions, such as reserved activities, protected professional\ntitle, continuous professional development or rules relating to the\norganisation of the profession, professional ethics and\nsupervision, while respecting the minimum training conditions, laid\ndown in Directive\n2005/36/EC on the recognition of professional\nqualifications.
\nLastly, Member States shall appropriately\ninvolve all parties concerned and shall give them the\nopportunity to make their views known.
\n