2016/0404(COD) | [ParlTrack]

Proposal for a directive
Recital 1

(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.

Amendment 33 #

Proposal for a directive
Recital 2

(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’ 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.

Amendment 34 #

Proposal for a directive
Recital 2

(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’ prerogative to decide whether and how to regulate a profession within the limits of the principles of non- discrimination and proportionalityt is the Member States’ 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.

Amendment 35 #

Proposal for a directive
Recital 5

Amendment 36 #

Proposal for a directive
Recital 5

(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.

Amendment 37 #

Proposal for a directive
Recital 5 a (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.

Amendment 38 #

Proposal for a directive
Recital 7

(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~~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.

Amendment 39 #

Proposal for a directive
Recital 7 a (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.

Amendment 40 #

Proposal for a directive
Recital 8

(8) Member States should be able to rely on ~~a commo~~their own regulatory framework based on clearly defined legal concepts concerning the different ways to regulate a profession ~~across the Union~~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.

Amendment 41 #

Proposal for a directive
Recital 9

(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 ~~and by specific evidence substantiating its arguments~~, 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.

Amendment 42 #

Proposal for a directive
Recital 10

(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.

Amendment 43 #

Proposal for a directive
Recital 11

(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, whil~~, 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 ~~of the~~is made by local authorities, regulatory bodies or professional organisations, wh~~ose~~ich 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, ~~there is particular reason for concern~~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.

Amendment 44 #

Proposal for a directive
Recital 12

(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.deleted

Amendment 45 #

Viktor USPASKICH

Proposal for a directive
Recital 12

(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; ~~the health of animals~~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.

Amendment 46 #

Proposal for a directive
Recital 12

(12) Where the taking-up ~~and~~or pursuit of certain employed or self-employed activities ~~are~~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; ~~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. 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.

Amendment 47 #

Proposal for a directive
Recital 12 a (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.

Amendment 48 #

Proposal for a directive
Recital 13

(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 ~~display~~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.

Amendment 49 #

Proposal for a directive
Recital 18

(18) The economic impact of the measure, ~~including a cost-benefit analysis with particular regard to the degree of competition in the market and~~with particular regard to the quality of the service provided, ~~as well as~~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 ~~competent authoriti~~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 ~~within the Union~~ is proportionate to the importance of the objectives pursued and the expected gains.

Amendment 50 #

Proposal for a directive
Recital 19

(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.

Amendment 51 #

Proposal for a directive
Recital 20

(20) The ~~national authoriti~~Member States should carry out a g~~lob~~eneral assessment of the circumstances in which the re~~strictive measure~~quirement 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~~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.

Amendment 52 #

Proposal for a directive
Recital 20 a (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.

Amendment 53 #

Proposal for a directive
Recital 21

(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.

Amendment 54 #

Proposal for a directive
Recital 23

(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 parti~~Member States to submit comments.

Amendment 55 #

Proposal for a directive
Recital 24

(24) ~~Since t~~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.

Amendment 56 #

Proposal for a directive
Article 2 – paragraph 1

1. This Directive shall apply to ~~requirements under the legal system~~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.

Amendment 57 #

Proposal for a directive
Article 3 – paragraph 2 – point a

(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~~.

Amendment 58 #

Proposal for a directive
Article 4 – title

Ex ante assessment of new measures and monitoring

Amendment 59 #

Proposal for a directive
Article 4 – paragraph 1

1. Member States shall ensure that ~~before introducing new legislative, regulatory or administrative provisions restricting access to or pursuit of regulated~~they undertake an assessment of proportionality in accordance with the rules laid down in this Directive before introducing new legislative pro~~fes~~visions, or amending existing ~~ones, the relevant competent authorities undertake an assessment of their proportionality in accordance with the rules laid down in this Directive~~regulatory or administrative provisions, restricting access to or pursuit of regulated professions.

Amendment 60 #

Proposal for a directive
Article 4 – paragraph 2

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.

Amendment 61 #

Proposal for a directive
Article 4 – paragraph 3

3. The reasons for considering that a provision is justified, necessary and proportionate shall be substantiated by qualitative and, wherever possible and relevant, quantitative ~~evidenc~~means, taking account of the specific circumstances of that Member State.

Amendment 62 #

Proposal for a directive
Article 4 – paragraph 4

4. Member States shall monitor the proportionality of new or amended 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~~, 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.

Amendment 63 #

Proposal for a directive
Article 4 – paragraph 5

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.

Amendment 64 #

Viktor USPASKICH

Proposal for a directive
Article 5 – paragraph 2

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, ~~the health of animals~~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.

Amendment 65 #

Jiří MAŠTÁLKA

Proposal for a directive
Article 5 – paragraph 2

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.

Amendment 66 #

Proposal for a directive
Article 5 – paragraph 2

2. The ~~relevant competent authoriti~~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~~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.

Amendment 67 #

Proposal for a directive
Article 5 – paragraph 3

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.

Amendment 68 #

Proposal for a directive
Article 6 – paragraph 2 – introductory part

2. When Member States assess~~ing~~ the necessity and the proportionality of the provisions, the ~~relevant competent authorities shall consider in particular~~extent of the assessment must be proportionate to the content and the impact of the provision. Member States should take into consideration:

Amendment 69 #

Proposal for a directive
Article 6 – paragraph 2 – point a

(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 to third parties;

Amendment 70 #

Proposal for a directive
Article 6 – paragraph 2 – point b

(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 activitiesto attain the objective pursued;

Amendment 71 #

Proposal for a directive
Article 6 – paragraph 2 – point b a (new)

(ba) whether the provision genuinely reflects that objective in a consistent and systematic manner;

Amendment 72 #

Proposal for a directive
Article 6 – paragraph 2 – point c a (new)

(ca) the effect of the new or amended provisions when combined with other requirements restricting access to, or pursuit of, the profession, and in particular how the new or amended provisions, combined with other requirements, contribute to and are necessary to achieve the same public interest objective;

Amendment 73 #

Proposal for a directive
Article 6 – paragraph 2 – point d

(d) the ~~link~~connection between the scope of activities covered by a profession or reserved to it and the professional qualification required;

Amendment 74 #

Proposal for a directive
Article 6 – paragraph 2 – point e

(e) the ~~link~~connection between the complexity of the tasks and the necessary possession of specific professional qualifications, in particular as regards the level, the nature and the duration of the training or experience required~~, as well as the existence of different routes to obtain the professional qualification~~;

Amendment 75 #

Proposal for a directive
Article 6 – paragraph 2 – point f

(f) ~~the scope of the professional activities reserved to holders of a particular professional qualification, namely~~ whether and why the activities reserved to certain professions can or cannot be shared with other professions;

Amendment 76 #

Proposal for a directive
Article 6 – paragraph 2 – point h

(h) the scientific and technological developments which may effectively reduce the asymmetry of information between professionals and consumers;

Amendment 77 #

Proposal for a directive
Article 6 – paragraph 2 – point j

~~(j) the possibility to use less restrictive means to achieve the public interest objective;~~deleted

Amendment 78 #

Proposal for a directive
Article 6 – paragraph 2 – point k

(k) the cumulative effect of restrictions to both access to and pursuit of the profession, and in particular how each of those requirements contributes to and whether it is necessary to achieve the same public interest objective.deleted

Amendment 79 #

Proposal for a directive
Article 6 – paragraph 3

Amendment 80 #

Proposal for a directive
Article 6 – paragraph 4 – introductory part

4. For the purposes of paragraph 2(kcc), ~~the relevant competent authorities shall assess in particular the cumulative effect of imposing any of the following requirements~~Member States shall assess the effect of the new or amended provisions when combined with one or more requirements, in particular the following:

Amendment 81 #

Proposal for a directive
Article 6 – paragraph 4 – point a

(a) reserved activities~~, existing alongside protected professional title~~;

Amendment 82 #

Proposal for a directive
Article 6 – paragraph 4 – point a a (new)

(aa) protected professional title;

Amendment 83 #

Proposal for a directive
Article 6 – paragraph 4 – point b

(b) obligations to comply with continuous professional development requirements, pursuant to recital 9 of the Preamble and Articles 22 and 53 of the revised Directive 2005/36;

Amendment 84 #

Proposal for a directive
Article 6 – paragraph 4 – point i

(i) requirements concerning insurance cover or other means of personal or collective with regard to professional liability, pursuant to recital 9 of the Preamble and Articles 22 and 53 of the revised Directive 2005/36;

Amendment 85 #

Proposal for a directive
Article 6 – paragraph 4 – point j

(j) language knowledge requirements, to the extent necessary to practise the profession., pursuant to recital 9 of the Preamble and Articles 22 and 53 of the revised Directive 2005/36;

Amendment 86 #

Proposal for a directive
Article 7 – paragraph 1

Member States shall, by appropriate means, make inform ~~citizens,~~ation available to service recipients~~, representative associations and relevant stakeholders other than the~~ and other relevant stakeholders, including those who are not members of the profession before introducing new, or amending existing, 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. Member States may use national procedures to this end.

Amendment 87 #

Proposal for a directive
Article 8 – title

Exchange of information between ~~competent authoriti~~Member States

Amendment 88 #

Proposal for a directive
Article 8 – paragraph 2

~~2. Member States shall inform the Commission of the competent authorities responsible for transmitting and receiving information for the purposes of applying paragraph 1.~~deleted

Amendment 89 #

Proposal for a directive
Article 8 – paragraph 2

2. Member States shall inform the Commission of the ~~competent~~public authorities responsible for transmitting and receiving information for the purposes of applying paragraph 1.

Amendment 90 #

Proposal for a directive
Article 9 – paragraph 1

1. 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 authoriti~~Member States 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, except at the express request of the Member State concerned not to make those reasons publicly available. Any such request must be duly substantiated.

Amendment 91 #

Proposal for a directive
Article 9 – paragraph 2

2. Member States ~~and other interested parties may submit comments~~may submit comments on the provisions and the reasons for considering that those provisions are justified and proportionate to the Commission or to the Member State which has ~~notifi~~communicated the provisions.

Amendment 92 #

Mireille D'ORNANO, Jean-François JALKH, Sylvie GODDYN

Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive bywithin 24 months at the latest. They shall forthwith communicate to the Commission the text of those provisions.

source: 603.089

2017/07/12 ENVI 120 amendments...

Amendment 10 #

Proposal for a directive
Recital 3 a (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.

Amendment 100 #

Proposal for a directive
Article 6 – paragraph 2 – point a

(a) the nature of the risks related to the public interest objectives pursued, in particular the risks to consumers, topatients, professionals or third parties;

Amendment 101 #

Mireille D'ORNANO, Jean-François JALKH, Sylvie GODDYN

Proposal for a directive
Article 6 – paragraph 2 – point a

(a) the nature of the risks related to the public interest objectives pursued, in particular the risks to ~~consumers, to~~users, patients, professionals or third parties;

Amendment 102 #

Proposal for a directive
Article 6 – paragraph 2 – point c

(c) in the case of new regulation, 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 pursued;

Amendment 103 #

Mireille D'ORNANO, Jean-François JALKH, Sylvie GODDYN

Proposal for a directive
Article 6 – paragraph 2 – point c

(c) the necessity of the provision and in particular whether existing rules of a specific or more general nature, such as product safety legislation, patients' rights laws or consumer protection law, are insufficient to protect the objective pursued;

Amendment 104 #

Proposal for a directive
Article 6 – paragraph 2 – point c a (new)

(ca) in the case of deregulation, whether specific or more general rules remaining in force, such as product safety or consumer protection legislation, are sufficient to protect the public interest;

Amendment 105 #

Mireille D'ORNANO, Jean-François JALKH, Sylvie GODDYN

Proposal for a directive
Article 6 – paragraph 2 – point h

~~(h) the scientific and technological developments which may reduce the asymmetry of information between professionals and consumers;~~deleted

Amendment 106 #

Proposal for a directive
Article 6 – paragraph 2 – point h

(h) the scientific and technological developments which may increase or reduce the asymmetry of information between professionals and consumers;

Amendment 107 #

Mireille D'ORNANO, Jean-François JALKH, Sylvie GODDYN

Proposal for a directive
Article 6 – paragraph 2 – point h

(h) the scientific and technological developments which may effectively reduce the asymmetry of information between professionals and consumers;

Amendment 108 #

Proposal for a directive
Article 6 – paragraph 2 – point i

(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 and consumer protection, as well as the impact on the free movement of persons and services within the Union;

Amendment 109 #

Mireille D'ORNANO, Jean-François JALKH, Sylvie GODDYN

Proposal for a directive
Article 6 – paragraph 2 – point j

(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:

Amendment 11 #

Mireille D'ORNANO, Jean-François JALKH, Sylvie GODDYN

Proposal for a directive
Recital 4

(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~~ 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).

Amendment 110 #

Mireille D'ORNANO, Jean-François JALKH, Sylvie GODDYN

Proposal for a directive
Article 6 – paragraph 2 – point k a (new)

(ka) the implications of the professional activities for public order, public health or public security;

Amendment 111 #

Mireille D'ORNANO, Jean-François JALKH, Sylvie GODDYN

Proposal for a directive
Article 6 – paragraph 3

Amendment 112 #

Mireille D'ORNANO, Jean-François JALKH, Sylvie GODDYN

Proposal for a directive
Article 6 – paragraph 3

3. For the purposes of paragraph 2(j), wthere 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 relevant competent authorities shall assess in particular whether the objective can be attained by protected professional title without 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 shall take place by way of reserv~~ing~~ed activities.

Amendment 113 #

Mireille D'ORNANO, Jean-François JALKH, Sylvie GODDYN

Proposal for a directive
Article 7 – paragraph 1

Member States shall, by appropriate means, inform citizens, service recipients, representative associations and relevant stakeholders other than the members of the profession before introducing new legislative, regulatory or administrative provisions restricting or broadening access to or pursuit of regulated professions, or amending existing ones, and give them the opportunity to make known their views. Similarly, the Union shall, by appropriate means, inform citizens, professionals, consumers and other relevant stakeholders before introducing new legislative, regulatory or administrative provisions restricting or broadening access to or pursuit of regulated professions, or amending existing ones, and give them the opportunity to make known their views.

Amendment 114 #

Mireille D'ORNANO, Jean-François JALKH, Sylvie GODDYN

Proposal for a directive
Article 7 – paragraph 1

Member States shall, by appropriate means~~, inform citizens, service recipients, representative associations and relevant stakeholders other than the members of the profess~~ and in addition to members of the profession, inform all relevant stakeholders including citizens, service recipients and representative associations before ~~introduc~~proposing new legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, or amending existing ones, ~~and give~~giving them the opportunity to make known their views which shall then be given due consideration. This process may take place, for example, by means of a public consultation whose results inform the content of the adopted provisions.

Amendment 115 #

Proposal for a directive
Article 7 – paragraph 1

~~Member States~~The Union shall, by appropriate means, inform citizens, ~~service recipients, representative associations and relevant stakeholders other than the members of the profession~~professionals, consumers and other relevant stakeholders before introducing new legislative, regulatory or administrative provisions restricting or broadening access to or pursuit of regulated professions, or amending existing ones, and give them the opportunity to make known their views.

Amendment 116 #

Proposal for a directive
Article 7 – paragraph 1

Member States shall, by appropriate means, inform citizens, service recipients, social partners, representative associations and all relevant stakeholders other than the members of the profession before 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.

Amendment 117 #

Mireille D'ORNANO, Jean-François JALKH, Sylvie GODDYN

Proposal for a directive
Article 7 – paragraph 1

Member States shall, by appropriate means, inform citizens, social partners, service recipients, representative associations and relevant stakeholders other than the members of the profession before 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.

Amendment 118 #

Proposal for a directive
Article 7 – paragraph 1

Amendment 119 #

Mireille D'ORNANO, Jean-François JALKH, Sylvie GODDYN

Proposal for a directive
Article 8 – paragraph 1

1. For the purposes of the efficient application of this Directive, before introducing new legislative, regulatory or administrative provisions restricting or broadening 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.

Amendment 12 #

Proposal for a directive
Recital 5

(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.

Amendment 120 #

Proposal for a directive
Article 8 – paragraph 1

1. For the purposes of the efficient application of this Directive, ~~before~~when introducing new legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, or amending existing ones, ~~Member States~~the Commission shall encourage the exchange of information ~~with competent authorities of other~~between 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.

Amendment 121 #

Mireille D'ORNANO, Jean-François JALKH, Sylvie GODDYN

Proposal for a directive
Article 9 – paragraph 1

1. 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 expeditiously 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 as soon as possible by the Commission.

Amendment 122 #

Proposal for a directive
Article 9 – paragraph 1

1. The reasons for considering that provisions, assessed in accordance with this Directive, are justified, necessary ~~and~~, proportionate and in the public interest, 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.

Amendment 123 #

Mireille D'ORNANO, Jean-François JALKH, Sylvie GODDYN

Proposal for a directive
Article 9 – paragraph 1

1. The reasons for considering that provisions, assessed in accordance with this Directive, are justified, necessary. sufficient 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.

Amendment 13 #

Mireille D'ORNANO, Jean-François JALKH, Sylvie GODDYN

Proposal for a directive
Recital 5

(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 measu~~measures that are disproportionate or likely to harm the public interest from being adopted.

Amendment 14 #

Mireille D'ORNANO, Jean-François JALKH, Sylvie GODDYN

Proposal for a directive
Recital 5

(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~~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.

Amendment 15 #

Mireille D'ORNANO, Jean-François JALKH, Sylvie GODDYN

Proposal for a directive
Recital 5

Amendment 16 #

Proposal for a directive
Recital 7

(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~~. 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.

Amendment 17 #

Proposal for a directive
Recital 7

(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.

Amendment 18 #

Proposal for a directive
Recital 7 a (new)

Amendment 19 #

Mireille D'ORNANO, Jean-François JALKH, Sylvie GODDYN

Proposal for a directive
Recital 7 a (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.

Amendment 20 #

Norbert LINS

Proposal for a directive
Recital 7 a (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.

Amendment 21 #

Proposal for a directive
Recital 8

(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.

Amendment 22 #

Mireille D'ORNANO, Jean-François JALKH, Sylvie GODDYN

Proposal for a directive
Recital 9

Amendment 23 #

Proposal for a directive
Recital 9

(9) TWhe ~~burden of proof of justificat~~re necessary, it should be for the Commission ~~and~~to pro~~portionality lies on the Member States. The reasons for regulation invoked by a Member State by way of justifica~~ve the disproportionate nature of Member State requirements. In support of its contention it should ~~thus be accompanied by an analysis of the appropriateness and~~ provide an analysis of the disproportiona~~lity~~te nature of the measure adopted by that State and by specific evidence substantiating its arguments.

Amendment 24 #

Mireille D'ORNANO, Jean-François JALKH, Sylvie GODDYN

Proposal for a directive
Recital 10

(10) ~~It is appropriate to monitor the proportionality of~~The Member States should review on a regular basis whether their 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~~are proportionate and in the public interest, based not only on the objective of thate legislation at the time of its adoption, but also on the effects of the legislation, a~~ssessed after its adoption. The assessment of the proportionality of the national legislation should be base~~nd on developments found to have occurred in the area since the legislation was adopted.

Amendment 25 #

Mireille D'ORNANO, Jean-François JALKH, Sylvie GODDYN

Proposal for a directive
Recital 10

(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~~ 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~~the proportionality 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.

Amendment 26 #

Mireille D'ORNANO, Jean-François JALKH, Sylvie GODDYN

Proposal for a directive
Recital 10

(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.

Amendment 27 #

Mireille D'ORNANO, Jean-François JALKH, Sylvie GODDYN

Proposal for a directive
Recital 11

(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~~, 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~~, whose~~ are often the best placed, owing to their 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~~.

Amendment 28 #

Mireille D'ORNANO, Jean-François JALKH, Sylvie GODDYN

Proposal for a directive
Recital 11

(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.

Amendment 29 #

Mireille D'ORNANO, Jean-François JALKH, Sylvie GODDYN

Proposal for a directive
Recital 12

(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.

Amendment 30 #

Mireille D'ORNANO, Jean-François JALKH, Sylvie GODDYN

Proposal for a directive
Recital 12

(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.

Amendment 31 #

Proposal for a directive
Recital 12

(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~~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.

Amendment 32 #

Mireille D'ORNANO, Jean-François JALKH, Sylvie GODDYN

Proposal for a directive
Recital 12

(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 ~~to public health~~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.

Amendment 33 #

Mireille D'ORNANO, Jean-François JALKH, Sylvie GODDYN

Proposal for a directive
Recital 12

(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.

Amendment 34 #

Proposal for a directive
Recital 12

(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.

Amendment 35 #

Proposal for a directive
Recital 12 a (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.

Amendment 36 #

Proposal for a directive
Recital 12 a (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.

Amendment 37 #

Mireille D'ORNANO, Jean-François JALKH, Sylvie GODDYN

Proposal for a directive
Recital 12 b (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.

Amendment 38 #

Proposal for a directive
Recital 13

(13) Where a Member State intends to regulate ~~a profession or to amend existing rules~~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.

Amendment 39 #

Mireille D'ORNANO, Jean-François JALKH, Sylvie GODDYN

Proposal for a directive
Recital 14

(14) To meet the requirement of proportionality, the national 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.

Amendment 4 #

Mireille D'ORNANO, Jean-François JALKH, Sylvie GODDYN

Proposal for a directive
Title 1

Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on a proportionality and public interest test before adoption of new regulation or deregulation of professions (Text with EEA relevance)

Amendment 40 #

Mireille D'ORNANO, Jean-François JALKH, Sylvie GODDYN

Proposal for a directive
Recital 14

(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.

Amendment 41 #

Mireille D'ORNANO, Jean-François JALKH, Sylvie GODDYN

Proposal for a directive
Recital 15

(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.

Amendment 42 #

Mireille D'ORNANO, Jean-François JALKH, Sylvie GODDYN

Proposal for a directive
Recital 15

(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.

Amendment 43 #

Proposal for a directive
Recital 15

Amendment 44 #

Mireille D'ORNANO, Jean-François JALKH, Sylvie GODDYN

Proposal for a directive
Recital 16

(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.

Amendment 45 #

Proposal for a directive
Recital 16

(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.

Amendment 46 #

Mireille D'ORNANO, Jean-François JALKH, Sylvie GODDYN

Proposal for a directive
Recital 16

(16) Among the elements towhich 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.

Amendment 47 #

Mireille D'ORNANO, Jean-François JALKH, Sylvie GODDYN

Proposal for a directive
Recital 17

(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.

Amendment 48 #

Mireille D'ORNANO, Jean-François JALKH, Sylvie GODDYN

Proposal for a directive
Recital 18

(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.

Amendment 49 #

Proposal for a directive
Recital 18

(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 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 ~~duly taken into account~~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.

Amendment 5 #

Mireille D'ORNANO, Jean-François JALKH, Sylvie GODDYN

Proposal for a directive
Recital 1

(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, a~~s well a~~nd 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.

Amendment 50 #

Mireille D'ORNANO, Jean-François JALKH, Sylvie GODDYN

Proposal for a directive
Recital 19

(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 couldFor 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. ~~Regulation by way of reserved activities should b~~However, where measures are jus~~ed only in cases where the measures aim at~~tified 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.

Amendment 51 #

Proposal for a directive
Recital 20 a (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.

Amendment 52 #

Proposal for a directive
Recital 20 a (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.

Amendment 53 #

Proposal for a directive
Recital 20 a (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 and to its impact.

Amendment 54 #

Proposal for a directive
Recital 20 b (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 decide on the degree of importance of economic considerations in relation to the other relevant proportionality criteria.

Amendment 55 #

Mireille D'ORNANO, Jean-François JALKH, Sylvie GODDYN

Proposal for a directive
Recital 20 b (new)

(20 b) The proportionality criteria as set out in this Directive should 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 and to its impact.

Amendment 56 #

Proposal for a directive
Recital 21

(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. Similarly, it is essential for the proper functioning of the Member States' economies that the EU provides information to citizens, professionals, consumers and other relevant stakeholders before introducing new measures encouraging the deregulation of access to or pursuit of certain professions, and gives them the opportunity to make known their views.

Amendment 57 #

Mireille D'ORNANO, Jean-François JALKH, Sylvie GODDYN

Proposal for a directive
Recital 21

(21) It is essential for the proper functioning of the internal market and in the public interest to ensure that Member States provide information to citizens, social partners, 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.

Amendment 58 #

Proposal for a directive
Recital 21

(21) It is essential for the proper functioning of the ~~internal market to ensure that Member States~~Member States's economies that the EU provides information to citizens, ~~representative associations or~~professionals, consumers and other relevant stakeholders before introducing new measures ~~restricting~~encouraging the regulation or deregulation of access to or pursuit of ~~regulated~~certain professions and gives them the opportunity to make known their views.

Amendment 59 #

Mireille D'ORNANO, Jean-François JALKH, Sylvie GODDYN

Proposal for a directive
Recital 24

(24) Since the objectives of this Directive, namely t~~he removal of disproportionate~~o improve the proportionality, and compliance with public interest objectives, of 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,

Amendment 6 #

Mireille D'ORNANO, Jean-François JALKH, Sylvie GODDYN

Proposal for a directive
Recital 2

(2) In ~~the absence of specific provisions harmonising the requirements on access to a~~its communication of 10 January 2017 on reform recommendations for regulatedion in profession ~~or its pursuit laid down in Union law, it is the Member States’ prerogative to decide whether and how to regulate a profession within the limits of the principles of non- discrimination~~al 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 andy p~~roportionality~~articular regulatory model throughout the EU. _________________ 1a COM(2016)0820.

Amendment 60 #

Proposal for a directive
Recital 24

(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 non-discrimination, and 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,

Amendment 61 #

Proposal for a directive
Article 1 – paragraph 1

This Directive lays down rules on a common framework for conducting proportionality assessments before introducing new legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, or amending existing ones, with a view to ensuring the proper functioning of the internal market. It does not affect the Member States' prerogative and margin of discretion to decide whether and how to regulate a profession within the limits of the principles of non-discrimination and proportionality.

Amendment 62 #

Proposal for a directive
Article 1 – paragraph 1

This Directive lays down rules on a common framework for conducting proportionality assessments before introducing new legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, or amending existing ones, with a view to ensuring the proper functioning of the internal market, while also ensuring that the protection of citizens vis-à-vis the verified standards and qualifications of all those regulated professions and professionals, remains of paramount importance.

Amendment 63 #

Mireille D'ORNANO, Jean-François JALKH, Sylvie GODDYN

Proposal for a directive
Article 1 – paragraph 1

This Directive lays down rules on a common framework for conducting proportionality assessments before introducing new legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, or amending existing ones, with a view to ensuring the proper functioning of the internal market. It does not affect Member States' competence to decide whether and how, in accordance with the principles of non-discrimination and proportionality, to regulate a profession.

Amendment 64 #

Proposal for a directive
Article 1 – paragraph 1

Amendment 65 #

Mireille D'ORNANO, Jean-François JALKH, Sylvie GODDYN

Proposal for a directive
Article 1 – paragraph 1

Amendment 66 #

Norbert LINS

Proposal for a directive
Article 1 – paragraph 1

This Directive lays down rules on a common framework for conducting proportionality assessments before introducing new essential legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, or amending existing ones, with a view to ensuring the proper functioning of the internal market.

Amendment 67 #

Proposal for a directive
Article 2 – paragraph 1

Amendment 68 #

Mireille D'ORNANO, Jean-François JALKH, Sylvie GODDYN

Proposal for a directive
Article 2 – paragraph 1

1. This Directive shall apply to ~~requirements under the legal system~~the legislative, regulatory or administrative provisions 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.

Amendment 69 #

Proposal for a directive
Article 2 – paragraph 1

1. This Directive shall apply to ~~requirement~~measures under the legal systems of the Member States restricting or broadening 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.

Amendment 7 #

Mireille D'ORNANO, Jean-François JALKH, Sylvie GODDYN

Proposal for a directive
Recital 2

(2) I~~n the absence of specific provisions harmonising the requirements on access to a regulated profession or its pursuit laid down in Union law, it~~ tis the Member States’ prerogative to decide whether and how to regulate a profession within the limits of the principles of non- discrimination and proportionality.

Amendment 70 #

Proposal for a directive
Article 2 – paragraph 1 a (new)

1 a. This Directive shall not apply to any requirements restricting access to, or the pursuit of regulated health professions in relation to the provision of healthcare services, including pharmaceutical services and the prescription, dispensation and provision of medicinal products and medical devices, whether or not they are provided via healthcare facilities, and regardless of the ways in which they are organised and financed at national level or whether they are public or private.

Amendment 71 #

José Inácio FARIA

Proposal for a directive
Article 2 – paragraph 1 a (new)

1 a. Without prejudice to the application of Directive 2005/36/EC, this Directive does not apply to professions providing healthcare, including pharmaceutical 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.

Amendment 72 #

Gesine MEISSNER

Proposal for a directive
Article 2 – paragraph 2 a (new)

2a. Without prejudice to the application of Directive 2005/36/EC, the present directive does not apply to professions providing healthcare services, including pharmaceutical 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.

Amendment 73 #

Mireille D'ORNANO, Jean-François JALKH, Sylvie GODDYN

Proposal for a directive
Article 3 – paragraph 1

For the purpose of this Directive, the definitions of Directive 2005/36/EC shall apply with the understanding that the term "regulated profession" shall refer to both existing regulated professions and professions that Member States will regulate in the future.

Amendment 74 #

Proposal for a directive
Article 3 – paragraph 2 – point b a (new)

(ba) 'deregulation'means broadening access to or pursuit of a profession by the repeal or amendment of existing legislative, regulatory or administrative provisions.

Amendment 75 #

Proposal for a directive
Article 4 – paragraph 1

Amendment 76 #

Mireille D'ORNANO, Jean-François JALKH, Sylvie GODDYN

Proposal for a directive
Article 4 – paragraph 1

Amendment 77 #

Proposal for a directive
Article 4 – paragraph 1

1. Member States shall ensure that before introducing new legislative, regulatory or administrative provisions restricting or broadening access to or pursuit of regulated professions, or amending existing ones, the relevant competent authorities undertake an assessment of whetheir ~~proportionality~~these measures are proportionate and in the public interest in accordance with the rules laid down in this Directive.

Amendment 78 #

Mireille D'ORNANO, Jean-François JALKH, Sylvie GODDYN

Proposal for a directive
Article 4 – paragraph 1

Amendment 79 #

Proposal for a directive
Article 4 – paragraph 2

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 and with the public interest.

Amendment 8 #

Mireille D'ORNANO, Jean-François JALKH, Sylvie GODDYN

Proposal for a directive
Recital 2

Amendment 80 #

Mireille D'ORNANO, Jean-François JALKH, Sylvie GODDYN

Proposal for a directive
Article 4 – paragraph 2

2. Any provision referred to in paragraph 1 shall be accompanied by a ~~detailed statement~~n explanation making it possible to appraise compliance with the principle of proportionality.

Amendment 81 #

Proposal for a directive
Article 4 – paragraph 3

3. The reasons for considering that a provision is justified, necessary ~~and~~, proportionate and in the public interest shall be substantiated by qualitative and, wherever possible, quantitative evidence.

Amendment 82 #

Mireille D'ORNANO, Jean-François JALKH, Sylvie GODDYN

Proposal for a directive
Article 4 – paragraph 3

3. The reasons for considering that a provision is justified, necessary and proportionate shall be substantiated by qualitative and, wherever possible and relevant, quantitative evidence.

Amendment 83 #

Proposal for a directive
Article 4 – paragraph 4

4. Member States shall monitor~~the proportionality of~~ whether legislative, regulatory or administrative provisions restricting or broadening access to or pursuit of regulated professions are proportionate and in the public interest, 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.

Amendment 84 #

Mireille D'ORNANO, Jean-François JALKH, Sylvie GODDYN

Proposal for a directive
Article 4 – paragraph 4

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.

Amendment 85 #

Proposal for a directive
Article 4 – paragraph 5

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 or existing institutions with a proven ability to work in the public interest. For example, local authorities, regulatory bodies or professional organisations are often the best placed to identify the best way of meeting the public interest objectives thanks to their greater proximity to local conditions and specialised knowledge.

Amendment 86 #

Mireille D'ORNANO, Jean-François JALKH, Sylvie GODDYN

Proposal for a directive
Article 4 – paragraph 5

5. Member States shall take the necessary measures to ensure that the~~assessment of~~ proportionality and public interest assessment referred to in paragraph 1 is carried out in an objective and independent manner including through involvement of independent scrutiny bodies.

Amendment 87 #

Mireille D'ORNANO, Jean-François JALKH, Sylvie GODDYN

Proposal for a directive
Article 5 – paragraph 1

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, including the objective of public health and safety.

Amendment 88 #

Proposal for a directive
Article 5 – paragraph 1

1. Member States shall ensure that legislative, regulatory or administrative provisions restricting or broadening 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.

Amendment 89 #

Mireille D'ORNANO, Jean-François JALKH, Sylvie GODDYN

Proposal for a directive
Article 5 – paragraph 2

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 viability of national publicly funded health systems, 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.

Amendment 9 #

Proposal for a directive
Recital 3

(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-discriminatoryn accordance with Article 5 (4) of the Treaty on European Union, it meanner; 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’Ordine degli Avvocati e Procuratori di Milano [1995] ECR I- 4165s that the content and form of Union action must not exceed what is necessary to achieve the objectives of the Treaties.

Amendment 90 #

Mireille D'ORNANO, Jean-François JALKH, Sylvie GODDYN

Proposal for a directive
Article 5 – paragraph 2

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.

Amendment 91 #

Proposal for a directive
Article 5 – paragraph 3

Amendment 92 #

Mireille D'ORNANO, Jean-François JALKH, Sylvie GODDYN

Proposal for a directive
Article 6 – title

Proportionality and public interest

Amendment 93 #

Mireille D'ORNANO, Jean-François JALKH, Sylvie GODDYN

Proposal for a directive
Article 6 – paragraph 1

Amendment 94 #

Mireille D'ORNANO, Jean-François JALKH, Sylvie GODDYN

Proposal for a directive
Article 6 – paragraph 1

1. Before introducing new legislative, regulatory or administrative provisions restricting or broadening 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.

Amendment 95 #

Proposal for a directive
Article 6 – paragraph 2 – introductory part

2. When assessing the necessity and the proportionality of the provisions, the competent authorities shall apply the criteria listed in this paragraph having regard to the particular circumstances of the profession concerned, the nature of the provision and the pursued public interest objective. The relevance of any individual criterion may therefore depend upon the importance of the pursued public interest objectives. The relevant competent authorities shall consider in particular:

Amendment 96 #

Mireille D'ORNANO, Jean-François JALKH, Sylvie GODDYN

Proposal for a directive
Article 6 – paragraph 2 – introductory part

2. When assessing the necessity and the proportionality of the provisions, the ~~relevant competent authorities shall consider in particular~~extent of the assessment shall be proportionate to the content and the impact of the provision. The relevant competent authorities shall consider the following criteria where applicable to the respective provision:

Amendment 97 #

Proposal for a directive
Article 6 – paragraph 2 – introductory part

2. When assessing the necessity and the proportionality of the provisions, the relevant competent authorities ~~shall~~may consider in particular:

Amendment 98 #

Proposal for a directive
Article 6 – paragraph 2 – point a

(a) the nature of the risks related to the public interest objectives pursued, in particular the risks to consumers, to professionals or third parties, and the risk to public health and safety;

Amendment 99 #

Proposal for a directive
Article 6 – paragraph 2 – point a

(a) the nature of the risks related to the public interest objectives pursued, in particular the risks to consumers, toservice recipients, including patients, professionals or third parties;

source: 608.058

2017/09/08 IMCO 281 amendments...

Amendment 100 #

Proposal for a directive
Recital 12

(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 ~~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.

Amendment 101 #

Sergio Gaetano COFFERATI, Marc TARABELLA, Maria GRAPINI, Lucy ANDERSON, Evelyne GEBHARDT, Nicola DANTI, Christel SCHALDEMOSE, Arndt KOHN, Kerstin WESTPHAL, Sergio GUTIÉRREZ PRIETO

Proposal for a directive
Recital 12

(12) Where the taking-up and pursuit of ~~certain~~ employed or self-employed activities are conditional on complying with certain ~~provision~~requirements relating to specific professional qualifications, laid down directly or indirectly by the Member States, it is necessary to ensure that such ~~provision~~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 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, 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;~~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, ~~having essentially protectionist ai~~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’s rules are disproportionate and therefore incompatible with Union law.

Amendment 102 #

Proposal for a directive
Recital 12

(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 theIt is also useful to provide certain examples of overriding reasons of general interest, which have been recognised by the European Court of Justice, ~~are~~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 ~~and~~, prevention of tax evasion and avoidance~~; road safety~~ 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.

Amendment 103 #

Proposal for a directive
Recital 12

(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.

Amendment 104 #

Proposal for a directive
Recital 12

(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.

Amendment 105 #

Proposal for a directive
Recital 12 a (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.

Amendment 106 #

Proposal for a directive
Recital 12 a (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.

Amendment 107 #

Proposal for a directive
Recital 13

(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.

Amendment 108 #

Proposal for a directive
Recital 13

(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 recipi~~. 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 contents a~~s a result of scientific and technological developments~~nd the impact of the provision being introduced, and should take into account the regulatory context for a given regulated profession.

Amendment 109 #

Proposal for a directive
Recital 13

(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~~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.

Amendment 110 #

Sergio Gaetano COFFERATI, Marc TARABELLA, Maria GRAPINI, Lucy ANDERSON, Evelyne GEBHARDT, Nicola DANTI, Christel SCHALDEMOSE, Pina PICIERNO, Sergio GUTIÉRREZ PRIETO

Proposal for a directive
Recital 13

Amendment 111 #

Proposal for a directive
Recital 13

(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.

Amendment 112 #

Lucy ANDERSON, Arndt KOHN, Marc TARABELLA, Christel SCHALDEMOSE, Kerstin WESTPHAL, Sergio Gaetano COFFERATI

Proposal for a directive
Recital 13

(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.

Amendment 113 #

Proposal for a directive
Recital 13 a (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.

Amendment 114 #

Sergio Gaetano COFFERATI, Marc TARABELLA, Maria GRAPINI, Lucy ANDERSON, Sergio GUTIÉRREZ PRIETO

Proposal for a directive
Recital 14

(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.~~

Amendment 115 #

Proposal for a directive
Recital 14

(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.

Amendment 116 #

Proposal for a directive
Recital 15

(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 strictly suitable or genuinely effective to achieve the aim pursued.

Amendment 117 #

Sergio Gaetano COFFERATI, Marc TARABELLA, Maria GRAPINI, Lucy ANDERSON, Arndt KOHN, Kerstin WESTPHAL, Sergio GUTIÉRREZ PRIETO

Proposal for a directive
Recital 16

(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.

Amendment 118 #

Proposal for a directive
Recital 16

(16) Among the elements to be taken into account ~~by national authoriti~~, where relevant, by Member States, 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.

Amendment 119 #

Proposal for a directive
Recital 16

(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.

Amendment 120 #

Proposal for a directive
Recital 17

(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.deleted

Amendment 121 #

Sergio Gaetano COFFERATI, Marc TARABELLA, Maria GRAPINI, Lucy ANDERSON, Evelyne GEBHARDT, Nicola DANTI, Christel SCHALDEMOSE, Arndt KOHN, Pina PICIERNO, Sergio GUTIÉRREZ PRIETO

Proposal for a directive
Recital 17

(17) Where a Member State regulates a profession, account should be taken, where relevant, of the fact that ~~technological~~ 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.

Amendment 122 #

Proposal for a directive
Recital 17

(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.

Amendment 123 #

Sergio Gaetano COFFERATI, Marc TARABELLA, Maria GRAPINI, Christel SCHALDEMOSE, Arndt KOHN, Kerstin WESTPHAL, Sergio GUTIÉRREZ PRIETO

Proposal for a directive
Recital 17

(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.

Amendment 124 #

Proposal for a directive
Recital 18

(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~~ on the quality of the service provided 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.and on the freedom to choose an occupation should be duly taken into account, where relevant, by the Member States;

Amendment 125 #

Proposal for a directive
Recital 18

(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.

Amendment 126 #

Proposal for a directive
Recital 18

(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~~consideration by the competent authorities; ~~Based on t~~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 should not be the sole evaluation criterion for the proportionality of a measure aimed at protecting an objective of general interest.

Amendment 127 #

Proposal for a directive
Recital 18

(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.

Amendment 128 #

Sergio Gaetano COFFERATI, Marc TARABELLA, Maria GRAPINI, Lucy ANDERSON, Evelyne GEBHARDT, Nicola DANTI, Christel SCHALDEMOSE, Arndt KOHN, Kerstin WESTPHAL, Sergio GUTIÉRREZ PRIETO

Proposal for a directive
Recital 18

(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.

Amendment 129 #

Proposal for a directive
Recital 19

Amendment 130 #

Proposal for a directive
Recital 19

Amendment 131 #

Proposal for a directive
Recital 19

(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 cshould 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 ~~should be used only in cases~~and protected professional titles should be considered where the measures aim at preventing a risk of serious harm to public interest objectives.

Amendment 132 #

Proposal for a directive
Recital 19

Amendment 133 #

Proposal for a directive
Recital 19

Amendment 134 #

Proposal for a directive
Recital 19

(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.

Amendment 135 #

Proposal for a directive
Recital 20

(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.

Amendment 136 #

Proposal for a directive
Recital 20

(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.

Amendment 137 #

Proposal for a directive
Recital 20

(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~~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.

Amendment 138 #

Sergio Gaetano COFFERATI, Marc TARABELLA, Maria GRAPINI, Lucy ANDERSON, Evelyne GEBHARDT, Nicola DANTI, Arndt KOHN, Kerstin WESTPHAL, Pina PICIERNO, Sergio GUTIÉRREZ PRIETO

Proposal for a directive
Recital 20

(20) TWhe ~~national authoriti~~re relevant, Member States should carry out a ~~global~~n assessment of the circumstances in which the ~~restrictive~~ measure is adopted and implemented and examine in particular the ~~cumulative effect of imposing several~~effect of the new or amended provisions when combined with other requirements restricting a~~ddition to the specific professional qualificat~~ccess 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 ~~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,~~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. ~~A measure introduced by a Member State cannot be regarded as necessary to achieve the objective pursued if it~~ In carrying out this assessment~~ially duplicates~~, existing requirements which ~~have~~ alre~~ady been introduced in the context of other rules or procedures~~ not being amended should not be subject to the proportionality assessment.

Amendment 139 #

Proposal for a directive
Recital 20 a (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.

Amendment 140 #

Proposal for a directive
Recital 20 a (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.

Amendment 141 #

Sergio Gaetano COFFERATI, Marc TARABELLA, Maria GRAPINI, Evelyne GEBHARDT, Nicola DANTI, Christel SCHALDEMOSE, Pina PICIERNO, Sergio GUTIÉRREZ PRIETO

Proposal for a directive
Recital 20 a (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.

Amendment 142 #

Proposal for a directive
Recital 20 a (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.

Amendment 143 #

Proposal for a directive
Recital 20 b (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.

Amendment 144 #

Proposal for a directive
Recital 20 b (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.

Amendment 145 #

Sergio Gaetano COFFERATI, Marc TARABELLA, Maria GRAPINI, Lucy ANDERSON, Olga SEHNALOVÁ, Nicola DANTI, Arndt KOHN, Kerstin WESTPHAL, Pina PICIERNO, Sergio GUTIÉRREZ PRIETO

Proposal for a directive
Recital 21

(21) It is essential for the proper functioning of the internal market to ensure that Member States ~~provide information to citizen~~, 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 or, social partners and other relevant stakeholders ~~before introducing new measures restricting access to or pursuit of regulated~~, including those who are not members of the professions, and give them the opportunity to make known their views.

Amendment 146 #

Proposal for a directive
Recital 21

(21) It is essential for the proper functioning of the internal market to ensure that Member States provide information to citizens, professional organisations and representative associations or other relevant stakeholders ~~before~~when introducing new ~~measure~~or amending existing requirements restricting access to, or pursuit of, regulated professions, and give them the opportunity to make known their views.

Amendment 147 #

Proposal for a directive
Recital 21

(21) It is essential for the proper functioning of the internal market to ensure that Member States ~~provide information to~~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 ~~give them the opportunity to make known~~that they take account of their views.

Amendment 148 #

Proposal for a directive
Recital 21

(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~~and all relevant stakeholders before introducing new measures restricting access to or pursuit of regulated professions and give them the opportunity to make known their views.

Amendment 149 #

Proposal for a directive
Recital 22

(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.

Amendment 150 #

Sergio Gaetano COFFERATI, Marc TARABELLA, Maria GRAPINI, Evelyne GEBHARDT, Olga SEHNALOVÁ, Nicola DANTI, Arndt KOHN, Kerstin WESTPHAL, Pina PICIERNO, Sergio GUTIÉRREZ PRIETO

Proposal for a directive
Recital 22

(22) To ~~facilita~~promote the exchange of best practices, ~~each Member State~~the Commission should encourage ~~the relevant competent authoriti~~Member States to share adequate and regularly updated information with other Member States on the regulation of professions and facilitate such exchange.

Amendment 151 #

Proposal for a directive
Recital 23

(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 and forward suggested proportionality assessments in a transparent manner.

Amendment 152 #

Proposal for a directive
Recital 23

(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.

Amendment 153 #

Proposal for a directive
Recital 24

(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,

Amendment 154 #

Proposal for a directive
Article 1 – paragraph 1

This Directive lays down rules on a common framework for conducting proportionality assessments ~~before~~when introducing new or amending existing legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, ~~or amending existing ones,~~ 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. The adoption by a Member State of protective measures more extensive than those of other Member States shall not necessarily be disproportionate.

Amendment 155 #

Proposal for a directive
Article 1 – paragraph 1

This Directive lays down rules on a common framework for conducting proportionality assessments before introducing new legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, or amending existing ones, with a view to ensuring the proper functioning of the internal market. It does not affect Member States' prerogative and margin of discretion to decide whether and how to regulate a profession, including as regards guaranteeing a high level of health care and patient safety, within the limits of the principles of non- discrimination and proportionality.

Amendment 156 #

Sergio Gaetano COFFERATI, Marc TARABELLA, Maria GRAPINI, Lucy ANDERSON, Evelyne GEBHARDT, Nicola DANTI, Christel SCHALDEMOSE, Arndt KOHN, Kerstin WESTPHAL, Pina PICIERNO, Sergio GUTIÉRREZ PRIETO

Proposal for a directive
Article 1 – paragraph 1

This Directive lays down rules on a common framework for conducting proportionality assessments before introducing new, or amending existing, legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions~~, or amending existing ones,~~ with a view to ensuring the proper functioning of the internal market. It does not affect Member States’ prerogative and margin of discretion to decide, in the absence of harmonisation at EU level, whether and how to regulate a profession while respecting the principles of non- discrimination, justification and proportionality.

Amendment 157 #

Proposal for a directive
Article 1 – paragraph 1

This Directive lays down rules on a common framework for conducting proportionality assessments before introducing new or amending existing legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, ~~or amending existing ones,~~ with a view to ensuring the proper functioning of the internal market. It does not affect Member States' competence to decide whether and how, in accordance with the principles of non-discrimination and proportionality, to regulate a profession.

Amendment 158 #

Proposal for a directive
Article 1 – paragraph 1

This Directive lays down rules on a common framework for conducting proportionality assessments ~~before~~when introducing new or substantially amending existing legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, ~~or amending existing ones,~~ with a view to ensuring the proper functioning of the internal market.

Amendment 159 #

Proposal for a directive
Article 1 – paragraph 1

This Directive lays down ~~rules~~criteria on a common framework for conducting proportionality assessments before introducing new legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, or amending existing ones, with a view to ensuring the proper functioning of the internal market.

Amendment 160 #

Proposal for a directive
Article 1 – paragraph 1

This Directive lays down rules on a common framework for conducting proportionality assessments ~~before introducing new~~of applicable legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, ~~or amending existing~~as well as planned ones, with a view to ensuring the proper functioning of the internal market.

Amendment 161 #

Proposal for a directive
Article 2 – paragraph 1

1. This Directive shall apply to requirements under the legal systems of the Member States restricting access to or exercise of service activities, and in particular requirements restricting the 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. Article 9 of this Directive shall apply to requirements falling within the scope of Directive 2005/36/EC.

Amendment 162 #

Proposal for a directive
Article 2 – paragraph 1

Amendment 163 #

Proposal for a directive
Article 2 – paragraph 1 – subparagraph 1 a (new)

This Directive shall not apply to healthcare services consisting of activities intended to assess, maintain or restore the state of health of patients whether or not they are provided via healthcare facilities. This shall also include commercial health professions (opticians-optometrists including those specialising in contact lenses, hearing aid technicians, orthopaedic technicians, orthopaedic shoe makers and dental technicians).

Amendment 164 #

Proposal for a directive
Article 2 – paragraph 1 – subparagraph 1 a (new)

Amendment 165 #

Proposal for a directive
Article 2 – paragraph 1 a (new)

1 a. The common framework for conducting proportionality assessments set out in this Directive shall apply to new or amended legislative, regulatory or administrative provisions restricting access to or pursuit of service activities, including the activities of regulated professions. Where those new or amended provisions make substantive changes to the regulation of a service activity or the profession concerned, the common framework for conducting proportionality assessments shall also apply to existing requirements that are not being amended.

Amendment 166 #

Proposal for a directive
Article 2 – paragraph 1 a (new)

Amendment 167 #

Proposal for a directive
Article 2 – paragraph 1 a (new)

1a. This Directive shall not apply to requirements restricting access to, or the pursuit of, regulated professions providing health services, including pharmaceutical services, whether or not they are provided in healthcare facilities, and regardless of the ways in which they are organised and financed at State level or whether they are public or private.

Amendment 168 #

Proposal for a directive
Article 2 – paragraph 1 a (new)

1 a. Within the limits of proportionality, Member States shall enjoy a margin of discretion to decide whether and how to regulate professions.

Amendment 169 #

Proposal for a directive
Article 2 – paragraph 2

2. Where specific ~~arrang~~requirements concerning the regulation of a given profession are established in a separate Union act, the corresponding provisions of this Directive shall not apply. Nor shall the provisions of the Directive apply in respect of Member States’ provisions on the organisation or content of professional education and training or on delegating the organisation and supervision of such education and training to professional organisations.

Amendment 170 #

Sergio Gaetano COFFERATI, Marc TARABELLA, Maria GRAPINI, Lucy ANDERSON, Evelyne GEBHARDT, Olga SEHNALOVÁ, Arndt KOHN, Kerstin WESTPHAL, Sergio GUTIÉRREZ PRIETO

Proposal for a directive
Article 2 – paragraph 2

2. Where specific arrangements concerning ~~the~~ regulation of a service activity or a given profession are established in a separate Union act, the corresponding provisions of this Directive shall not apply.

Amendment 171 #

Proposal for a directive
Article 2 – paragraph 2 a (new)

2 a. Articles 4, 4(a), 5 and 6 of this Directive shall 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.

Amendment 172 #

Sergio Gaetano COFFERATI, Marc TARABELLA, Maria GRAPINI, Lucy ANDERSON, Nicola DANTI, Pina PICIERNO, Sergio GUTIÉRREZ PRIETO

Proposal for a directive
Article 3 – paragraph 1

For the purpose of this Directive, the definitions of Directive 2005/36/EC shall apply. with the understanding that the term “regulated professions” shall refer to both existing regulated professions and professions Member States are considering to regulate.

Amendment 173 #

Proposal for a directive
Article 3 – paragraph 2 – point a

(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. The ‘protected professional title’ is the cornerstone of the individual responsibility of professionals, of their independence, and of the qualitative and quantitative requirements with regard to knowledge, training and competence.

Amendment 174 #

Sergio Gaetano COFFERATI, Marc TARABELLA, Maria GRAPINI, Arndt KOHN, Kerstin WESTPHAL, Sergio GUTIÉRREZ PRIETO

Proposal for a directive
Article 3 – paragraph 2 – point b a (new)

(ba) "service activity" means any economic activity, normally provided for remuneration, within the meaning of Article 57 TFEU.

Amendment 175 #

Proposal for a directive
Article 4 – title

Ex ante assessment of new measures and monitoring

Amendment 176 #

Proposal for a directive
Article 4 – paragraph 1

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, taking full account of the specific nature of each profession. The extent of this assessment shall be commensurate to the content and impact of the provisions in question.

Amendment 177 #

Sergio Gaetano COFFERATI, Marc TARABELLA, Maria GRAPINI, Lucy ANDERSON, Evelyne GEBHARDT, Nicola DANTI, Arndt KOHN, Kerstin WESTPHAL, Pina PICIERNO

Proposal for a directive
Article 4 – paragraph 1

1. Member States shall ~~ensure that before introducing new~~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, ~~or amending existing ones, the relevant competent authorities undertake an~~taking into account the reasonable margin of appreciation allowed to Member States. The extent of the assessment ~~of their~~shall be proportiona~~lity in accordance with the rules laid down in this Directive~~te to the nature, the content and the impact of the provisions being introduced.

Amendment 178 #

Proposal for a directive
Article 4 – paragraph 1

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. This shall not apply to editorial amendments or technical adaptations to content of training courses which do not restrict access to or pursuit of regulated professions.

Amendment 179 #

Proposal for a directive
Article 4 – paragraph 1

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, such as the non-discriminatory nature and proportionality of, and the need for, national measures, forms of regulation and protected titles.

Amendment 180 #

Proposal for a directive
Article 4 – paragraph 1

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 and taking into account the nature, content and impact of the requirements being introduced or amended.

Amendment 181 #

Proposal for a directive
Article 4 – paragraph 1

1. Member States shall ensure that before introducing new, or amending existing, legislative, regulatory or administrative provisions restricting access to or pursuit of ~~regulated professions, or amending existing~~ service activities, including in particular the activities of regulated professiones, the relevant competent authorities undertake an assessment of their proportionality in accordance with the rules laid down in this Directive.

Amendment 182 #

Dariusz ROSATI

Proposal for a directive
Article 4 – paragraph 1

1. Member States shall ~~ensure that~~undertake an assessment 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~~, or amending existing ones, the relevant competent authorities undertake an assessment of their proportionality in accordance with the rules laid down in this Directive~~.

Amendment 183 #

Proposal for a directive
Article 4 – paragraph 1

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, taking into account the precautionary principle, in accordance with the rules laid down in this Directive and ensuring the transparency of this assessment.

Amendment 184 #

Daniel DALTON

Proposal for a directive
Article 4 – paragraph 1

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 Directiveundertake an assessment of 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.

Amendment 185 #

Proposal for a directive
Article 4 – paragraph 1

1. Member States shall ~~ensure that before introducing new~~carry out an assessment of the proportionality of the rules laid down in this Directive when introducing new or amending existing legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions~~, or amending existing ones,~~ in accordance with the reule~~vant competent authorities undertake an assessment of their proportionality in accordance with the rules laid down in this Directive~~s set out in this Directive. Member States shall remove disproportionate restrictions on access to or pursuit of regulated professions.

Amendment 186 #

Proposal for a directive
Article 4 – paragraph 2

2. Any provision referred to in paragraph 1 shall be accompanied by a detailed written statement in accordance with Article 5 making it possible to appraise justification on grounds of public interest objectives and in accordance with the criteria defined in article 6 making it possible to appraise compliance with the principle of proportionality.

Amendment 187 #

Sergio Gaetano COFFERATI, Marc TARABELLA, Maria GRAPINI, Lucy ANDERSON, Nicola DANTI, Arndt KOHN, Kerstin WESTPHAL, Pina PICIERNO, Sergio GUTIÉRREZ PRIETO

Proposal for a directive
Article 4 – paragraph 2

2. Any provision referred to in paragraph 1 shall be accompanied by a ~~detailed statement~~n explanation making it possible to appraise compliance with the principles of non- discrimination, justification and proportionality.

Amendment 188 #

Proposal for a directive
Article 4 – paragraph 2

2. Any provision referred to in paragraph 1 shall be accompanied by a detailed statement making it possible to appraise the provision's compliance with the principle of proportionality.

Amendment 189 #

Proposal for a directive
Article 4 – paragraph 2

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.

Amendment 190 #

Sergio Gaetano COFFERATI, Marc TARABELLA, Maria GRAPINI, Nicola DANTI, Arndt KOHN, Kerstin WESTPHAL, Pina PICIERNO, Sergio GUTIÉRREZ PRIETO

Proposal for a directive
Article 4 – paragraph 3

3. The reasons for considering that a provision is ~~justified, necessary~~non-discriminatory, justified and proportionate shall be substantiated by qualitative and, wherever possible, quantitative evidence, taking into account the reasonable margin of appreciation allowed to Member States. An absence of quantitative evidence shall not be grounds for concluding that a provision is disproportionate.

Amendment 191 #

Proposal for a directive
Article 4 – paragraph 3

3. The reasons for considering that a provision is ~~justified, necessary~~non-discriminatory, justified and proportionate shall be substantiated by qualitative and, wherever possible, and relevant, quantitative e~~videnc~~lements, taking into account the specific circumstances of that Member State.

Amendment 192 #

Proposal for a directive
Article 4 – paragraph 3

3. The reasons for considering that a provision is justified, necessary and proportionate shall be substantiated by qualitative and~~, wherever possible, quantitative~~ necessary evidence.

Amendment 193 #

Proposal for a directive
Article 4 – paragraph 3

3. ~~The reasons for considering that a provision is justified, necessary and proportionate shall be substantiated by qualitative and, wherever possible, quantitative evidence.~~does not affect the English

Amendment 194 #

Proposal for a directive
Article 4 – paragraph 3

3. The reasons for considering that a provision is justified~~, necessary~~ and proportionate shall be substantiated by qualitative and, wherever possible, quantitative evidence.

Amendment 195 #

Sergio Gaetano COFFERATI, Marc TARABELLA, Maria GRAPINI, Lucy ANDERSON

Proposal for a directive
Article 4 – paragraph 4

4. Member States shall monitor the proportionality of legislative, regulatory or administrative provisions restricting access to or pursuit of service activities, and in particular the activities 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.

Amendment 196 #

Proposal for a directive
Article 4 – paragraph 4

4. Member States shall monitor the ~~proportionality of~~compliance of essential 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~~with the principles of non- discrimination, justification and proportionality after adoption, having due regard to any significant developments that have occurred since the measure concerned was adopted.

Amendment 197 #

Proposal for a directive
Article 4 – paragraph 4 a (new)

4a. The Member States shall, on a regular basis and with an appropriate frequency, assess the effects of the implementation of this Directive on new or amended legislative, regulatory or administrative provisions.

Amendment 198 #

Proposal for a directive
Article 4 – paragraph 5

Amendment 199 #

Proposal for a directive
Article 4 – paragraph 5

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~~manner.

Amendment 200 #

Proposal for a directive
Article 4 – paragraph 5

Amendment 201 #

Sergio Gaetano COFFERATI, Marc TARABELLA, Maria GRAPINI, Lucy ANDERSON, Nicola DANTI, Christel SCHALDEMOSE, Arndt KOHN, Kerstin WESTPHAL, Pina PICIERNO, Sergio GUTIÉRREZ PRIETO

Proposal for a directive
Article 4 – paragraph 5

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~~.

Amendment 202 #

Proposal for a directive
Article 4 – paragraph 5

5. Member States shall take the necessary measures to ensure that the assessment ~~of proportionality~~ referred to in ~~paragraph 1~~this Article is carried out in an objective and independent manner ~~including through involvement of independent scrutiny bodies~~.

Amendment 203 #

Proposal for a directive
Article 4 – paragraph 5

Amendment 204 #

Proposal for a directive
Article 4 – paragraph 5

Amendment 205 #

Proposal for a directive
Article 5 – paragraph 1

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.

Amendment 206 #

Proposal for a directive
Article 5 – paragraph 1

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.

Amendment 207 #

Proposal for a directive
Article 5 – paragraph 1

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 unquestionably justified by public interest objectives.

Amendment 208 #

Sergio Gaetano COFFERATI, Marc TARABELLA, Maria GRAPINI, Lucy ANDERSON, Evelyne GEBHARDT, Nicola DANTI, Christel SCHALDEMOSE, Arndt KOHN, Kerstin WESTPHAL, Sergio GUTIÉRREZ PRIETO

Proposal for a directive
Article 5 – paragraph 2

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.deleted

Amendment 209 #

Proposal for a directive
Article 5 – paragraph 2

2. ~~The relevant competent authoriti~~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, 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 ~~and~~, prevention of tax evasion and avoidance~~, road safety~~ 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.

Amendment 210 #

Proposal for a directive
Article 5 – paragraph 2

2. The ~~relevant competent authoriti~~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.

Amendment 211 #

Proposal for a directive
Article 5 – paragraph 2

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.

Amendment 212 #

Proposal for a directive
Article 5 – paragraph 2

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.

Amendment 213 #

Proposal for a directive
Article 5 – paragraph 2

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.

Amendment 214 #

Proposal for a directive
Article 5 – paragraph 2

Amendment 215 #

Sergio Gaetano COFFERATI, Marc TARABELLA, Maria GRAPINI, Lucy ANDERSON, Evelyne GEBHARDT, Christel SCHALDEMOSE, Arndt KOHN, Kerstin WESTPHAL, Pina PICIERNO, Sergio GUTIÉRREZ PRIETO

Proposal for a directive
Article 5 – paragraph 2 – point a (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.

Amendment 216 #

Proposal for a directive
Article 5 – paragraph 3

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.

Amendment 217 #

Proposal for a directive
Article 5 – paragraph 3

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.

Amendment 218 #

Dariusz ROSATI

Proposal for a directive
Article 6 – paragraph 1

1. Before introducing new, or amending existing, 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 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.

Amendment 219 #

Proposal for a directive
Article 6 – paragraph 1

1. Before introducing new, or amending existing, legislative, regulatory or administrative provisions restricting access to or pursuit of ~~regulated professions, or amending existing~~ service activities, including the activities of regulated professiones, 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.

Amendment 220 #

Proposal for a directive
Article 6 – paragraph 1

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.

Amendment 221 #

Sergio Gaetano COFFERATI, Marc TARABELLA, Maria GRAPINI, Sergio GUTIÉRREZ PRIETO

Proposal for a directive
Article 6 – paragraph 1

1. ~~Before introducing new~~The Member States shall assess whether the 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.

Amendment 222 #

Proposal for a directive
Article 6 – paragraph 1

Amendment 223 #

Proposal for a directive
Article 6 – paragraph 1 a (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.

Amendment 224 #

Proposal for a directive
Article 6 – paragraph 2 – introductory part

2. When assessing the ~~necessity and 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:

Amendment 225 #

Proposal for a directive
Article 6 – paragraph 2 – introductory part

2. When assessing the necessity and the proportionality of the provisions, the ~~relevant competent authorities shall consider in particular~~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:

Amendment 226 #

Proposal for a directive
Article 6 – paragraph 2 – introductory part

2. When assessing the necessity and the proportionality of the provisions, the relevant competent authorities shall consider ~~in particular~~the following where applicable:

Amendment 227 #

Sergio Gaetano COFFERATI, Marc TARABELLA, Maria GRAPINI, Lucy ANDERSON, Evelyne GEBHARDT, Christel SCHALDEMOSE, Arndt KOHN, Kerstin WESTPHAL, Sergio GUTIÉRREZ PRIETO

Proposal for a directive
Article 6 – paragraph 2 – introductory part

2. When assessing the ~~necessity and the~~ proportionality of the provisions, ~~the relevant competent authoriti~~Member States shall consider in particular:

Amendment 228 #

Proposal for a directive
Article 6 – paragraph 2 – introductory part

2. When assessing the ~~necessity and the~~ proportionality of the provisions, ~~the relevant competent authoriti~~Member States shall consider ~~in particular~~, where relevant:

Amendment 229 #

Proposal for a directive
Article 6 – paragraph 2 – introductory part

2. When assessing the ~~necessity and the proportionality of the provisions, the relevant competent authoriti~~proportionality, the Member States shall consider in particular and in any event:

Amendment 230 #

Sergio Gaetano COFFERATI, Marc TARABELLA, Maria GRAPINI, Lucy ANDERSON

Proposal for a directive
Article 6 – paragraph 2 – introductory part

2. When assessing the necessity and the proportionality of the provisions, the ~~relevant competent authoriti~~Member States shall consider in particular:

Amendment 231 #

Dariusz ROSATI

Proposal for a directive
Article 6 – paragraph 2 – introductory part

2. When assessing the necessity and the proportionality of the provisions, the ~~relevant competent authoriti~~Member States shall consider in particular:

Amendment 232 #

Proposal for a directive
Article 6 – paragraph 2 – point a

(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;

Amendment 233 #

Proposal for a directive
Article 6 – paragraph 2 – point a

(a) the nature of the risks related to the public interest objectives pursued, in particular the risks to consumers, service recipients, including patients, to professionals or third parties;

Amendment 234 #

Proposal for a directive
Article 6 – paragraph 2 – point a

(a) the nature of the risks and costs related to the public interest objectives pursued, in particular the risks to consumers, to professionals or third parties;

Amendment 235 #

Proposal for a directive
Article 6 – paragraph 2 – point b

(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 activities~~;

Amendment 236 #

Proposal for a directive
Article 6 – paragraph 2 – point b

Amendment 237 #

Sergio Gaetano COFFERATI, Marc TARABELLA, Maria GRAPINI, Lucy ANDERSON, Nicola DANTI, Pina PICIERNO, Sergio GUTIÉRREZ PRIETO

Proposal for a directive
Article 6 – paragraph 2 – point b

(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 activities;~~

Amendment 238 #

Proposal for a directive
Article 6 – paragraph 2 – point b

(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 activities~~;

Amendment 239 #

Proposal for a directive
Article 6 – paragraph 2 – point b

(b) the suitability of the provision namely as regards its appropriateness to attain the objective pursued and whether ~~it genuinely~~the provision reflects thate objective pursued in a consistent and systematic manner and thus, addresses the risks identified in a similar way as in comparable activities;

Amendment 240 #

Proposal for a directive
Article 6 – paragraph 2 – point b

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 activities~~;

Amendment 241 #

Proposal for a directive
Article 6 – paragraph 2 – point b a (new)

(ba) whether the provision genuinely reflects the objective pursued in a consistent and systematic manner and thus, addresses the risks identified in a similar way as in comparable activities;

Amendment 242 #

Sergio Gaetano COFFERATI, Marc TARABELLA, Maria GRAPINI, Nicola DANTI, Arndt KOHN, Kerstin WESTPHAL, Pina PICIERNO, Sergio GUTIÉRREZ PRIETO

Proposal for a directive
Article 6 – paragraph 2 – point b a (new)

(ba) whether the provision genuinely reflects the objective pursued in a consistent and systematic manner and therefore, addresses the risks identified in a similar way as in comparable activities;

Amendment 243 #

Proposal for a directive
Article 6 – paragraph 2 – point c

(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 pursued;

Amendment 244 #

Proposal for a directive
Article 6 – paragraph 2 – point c a (new)

(ca) the economic impact of the measure, including the degree of competition in the market, the quality of the service provided, the availability of services, the effects on job creation as well as the impact on the free movement of persons and services within the Union, having due regard to the specific situation of cross-border regions;

Amendment 245 #

Proposal for a directive
Article 6 – paragraph 2 – point c a (new)

(ca) the scientific and technological developments which might reduce the asymmetry of information between professionals and consumers;

Amendment 246 #

Proposal for a directive
Article 6 – paragraph 2 – point c b (new)

(cb) the cumulative effect of restrictions to both the access and pursuit of the profession, and in particular how each of those requirements contributes to and whether it is necessary to achieve the same public interest objective.

Amendment 247 #

Proposal for a directive
Article 6 – paragraph 2 – point c b (new)

(c b) 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;

Amendment 248 #

Proposal for a directive
Article 6 – paragraph 2 – point c c (new)

(c c) the possibility to use less restrictive means to achieve public interest objective; 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 relevant competent authorities shall assess in particular whether the objective can be attained by the use of a protected professional title, without reserving activities;

Amendment 249 #

Proposal for a directive
Article 6 – paragraph 2 – point c d (new)

(c d) the cumulative effect of restrictions to both the access and pursuit of the service activity, including the activity of a regulated profession, and in particular how each of those requirements contributes to and whether it is necessary to achieve the same public interest objective.

Amendment 250 #

Proposal for a directive
Article 6 – paragraph 2 – point d

~~(d) the link between the scope of activities covered by a profession or reserved to it and the professional qualification required;~~deleted

Amendment 251 #

Proposal for a directive
Article 6 – paragraph 2 – point d

~~(d) the link between the scope of activities covered by a profession or reserved to it and the professional qualification required;~~deleted

Amendment 252 #

Proposal for a directive
Article 6 – paragraph 2 – point d

(d) the appropriate link between the scope of activities covered by a profession or reserved to it and the specific professional qualification required;

Amendment 253 #

Proposal for a directive
Article 6 – paragraph 2 – point d

(d) the [...] ~~link~~correlation between the scope of activities covered by a profession or reserved to it and the professional qualification required;

Amendment 254 #

Proposal for a directive
Article 6 – paragraph 2 – point e

(e) the link between the complexity of the tasks and the necessary possession of specific professional qualifications, in particular as regards the level, the nature and the duration of the training or experience required, as well as the existence of different routes to obtain the professional qualification;deleted

Amendment 255 #

Proposal for a directive
Article 6 – paragraph 2 – point e

Amendment 256 #

Proposal for a directive
Article 6 – paragraph 2 – point e

(e) the link between the complexity of the tasks and the necessary possession of specific professional qualifications, in particular as regards the level, the nature and the duration of the training or experience required, ~~as well as the existence of different routes to obtain the professional qualification;~~

Amendment 257 #

Proposal for a directive
Article 6 – paragraph 2 – point e

(e) tThe ~~link~~correlation between the complexity of the tasks and the necessary possession of specific professional qualifications, in particular as regards the level, the nature and the duration of the training or experience required, as well as the existence of different routes to obtain the professional qualification;

Amendment 258 #

Proposal for a directive
Article 6 – paragraph 2 – point e a (new)

(ea) the existence of different routes to obtain the professional qualification

Amendment 259 #

Proposal for a directive
Article 6 – paragraph 2 – point f

(f) the scope of the professional activities reserved to holders of a particular professional qualification, namely whether and why the activities reserved to certain professions can or cannot be shared with other professions;deleted

Amendment 260 #

Proposal for a directive
Article 6 – paragraph 2 – point f

Amendment 261 #

Proposal for a directive
Article 6 – paragraph 2 – point f

Amendment 262 #

Proposal for a directive
Article 6 – paragraph 2 – point f

Amendment 263 #

Proposal for a directive
Article 6 – paragraph 2 – point f

Amendment 264 #

Sergio Gaetano COFFERATI, Marc TARABELLA, Maria GRAPINI, Lucy ANDERSON, Nicola DANTI, Arndt KOHN, Kerstin WESTPHAL, Pina PICIERNO, Sergio GUTIÉRREZ PRIETO

Proposal for a directive
Article 6 – paragraph 2 – point f

Amendment 265 #

Proposal for a directive
Article 6 – paragraph 2 – point g

(g) the degree of autonomy in exercising a regulated profession and the impact of organisational and supervision arrangements on the attainment of the objective pursued, in particular where the activities relating to a regulated profession are pursued under the control and responsibility of a duly qualified professional;deleted

Amendment 266 #

Proposal for a directive
Article 6 – paragraph 2 – point g

Amendment 267 #

Proposal for a directive
Article 6 – paragraph 2 – point h

~~(h) the scientific and technological developments which may reduce the asymmetry of information between professionals and consumers;~~deleted

Amendment 268 #

Proposal for a directive
Article 6 – paragraph 2 – point h

~~(h) the scientific and technological developments which may reduce the asymmetry of information between professionals and consumers;~~deleted

Amendment 269 #

Proposal for a directive
Article 6 – paragraph 2 – point h

~~(h) the scientific and technological developments which may reduce the asymmetry of information between professionals and consumers;~~deleted

Amendment 270 #

Sergio Gaetano COFFERATI, Marc TARABELLA, Maria GRAPINI, Nicola DANTI, Arndt KOHN, Kerstin WESTPHAL, Pina PICIERNO, Sergio GUTIÉRREZ PRIETO

Proposal for a directive
Article 6 – paragraph 2 – point h

~~(h) the scientific and technological developments which may reduce the asymmetry of information between professionals and consumers;~~deleted

Amendment 271 #

Proposal for a directive
Article 6 – paragraph 2 – point h

(h) the scientific and technological developments which may reduce or increase the asymmetry of information between professionals and consumers;

Amendment 272 #

Proposal for a directive
Article 6 – paragraph 2 – point i

(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;deleted

Amendment 273 #

Proposal for a directive
Article 6 – paragraph 2 – point i

(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, consumer choice, employment opportunities, as well as the impact on the free movement of persons and services within the Union; the importance of this criterion may depend upon the public interest objectives being pursued;

Amendment 274 #

Proposal for a directive
Article 6 – paragraph 2 – point i

(i) the ~~economic~~ impact of the measure~~, with particular regard to the degree of competition in the market and~~ on the quality of the service provided, as well as the impact on the free movement of persons and services within the Union;

Amendment 275 #

Sergio Gaetano COFFERATI, Marc TARABELLA, Maria GRAPINI, Lucy ANDERSON, Evelyne GEBHARDT, Nicola DANTI, Arndt KOHN, Kerstin WESTPHAL, Pina PICIERNO, Sergio GUTIÉRREZ PRIETO

Proposal for a directive
Article 6 – paragraph 2 – point i

(i) the ~~economic~~ impact of the measure~~, with particular regard to the degree of competition in the market and~~ on the quality of the service provided, a~~s well as the impact~~nd on the free movement of persons and services within the Union and on the freedom to choose an occupation;

Amendment 276 #

Proposal for a directive
Article 6 – paragraph 2 – point j

~~(j) the possibility to use less restrictive means to achieve the public interest objective;~~deleted

Amendment 277 #

Proposal for a directive
Article 6 – paragraph 2 – point j

~~(j) the possibility to use less restrictive means to achieve the public interest objective;~~deleted

Amendment 278 #

Proposal for a directive
Article 6 – paragraph 2 – point j

(j) the possibility to use less restrictive means to achieve the public interest objective; 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 relevant competent authorities shall assess in particular whether the objective can be attained by protected professional title without reserving activities.

Amendment 279 #

Proposal for a directive
Article 6 – paragraph 2 – point k

Amendment 280 #

Sergio Gaetano COFFERATI, Marc TARABELLA, Maria GRAPINI, Evelyne GEBHARDT, Nicola DANTI, Arndt KOHN, Pina PICIERNO, Sergio GUTIÉRREZ PRIETO

Proposal for a directive
Article 6 – paragraph 2 – point k

Amendment 281 #

Proposal for a directive
Article 6 – paragraph 2 – point k

(k) the ~~cumulative effect of restrictions to both access to and pursuit of the profession, and in particular how each of those requirements contributes to and whether it is ne~~effect of the new or amended provisions when combined with other requirements restricting access~~ary~~ to ~~achieve the same public interest objective~~or pursuit of the profession.

Amendment 282 #

Proposal for a directive
Article 6 – paragraph 2 – subparagraph 1 a (new)

Member States shall also consider the following elements where relevant to the provision being introduced, having regard to the particular circumstances of the profession concerned, the nature of the provision and the pursued public interest objective: (a) the link between the scope of activities covered by a profession or reserved to it and the professional qualification required; (b) the link between the complexity of the tasks and the necessary possession of specific professional qualifications, in particular as regards the level, the nature and the duration of the training or experience required, as well as the existence of different routes to obtain the professional qualification; (c) the scope of the professional activities reserved to holders of a particular professional qualification, namely whether and why the activities reserved to certain professions can or cannot be shared with other professions; (d) the degree of autonomy in exercising a regulated profession and the impact of organisational and supervision arrangements on the attainment of the objective pursued, in particular where the activities relating to a regulated profession are pursued under the control and responsibility of a duly qualified professional; the scientific and technological developments which may reduce the asymmetry of information between professionals and consumers

Amendment 283 #

Proposal for a directive
Article 6 – paragraph 2 a (new)

~~(The points in this new paragraph 2a come, with some changes, from the existing paragraph~~2 a. When assessing the proportionality of the provisions falling within the scope of Directive 2005/36/EC, the relevant competent authorities shall also consider: (a) the link between the scope of activities covered by a profession or reserved to it and the professional qualification required; (b) the link between the complexity of the tasks and the necessary possession of specific professional qualifications, in particular as regards the level, the nature and the duration of the training or experience required; (c) the existence of different routes to obtain the professional qualification; (d) whether and why the activities reserved to certain professions can or cannot be shared with other professions; (e) the degree of autonomy in exercising a regulated profession and the impact of organisational and supervision arrangements on the attainment of the objective pursued, in particular where the activities relating to a regulated profession are pursued under the control and responsibility of a duly qualified professional; Or. en 2 of the COM proposal.)

Amendment 284 #

Sergio Gaetano COFFERATI, Marc TARABELLA, Maria GRAPINI, Lucy ANDERSON, Christel SCHALDEMOSE, Sergio GUTIÉRREZ PRIETO

Proposal for a directive
Article 6 – paragraph 3

Amendment 285 #

Proposal for a directive
Article 6 – paragraph 3

Amendment 286 #

Proposal for a directive
Article 6 – paragraph 3

Amendment 287 #

Proposal for a directive
Article 6 – paragraph 3

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 ~~relevant competent authoriti~~Member States shall assess in particular whether the objective can be attained by ~~protected professional title without reserving activi~~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.

Amendment 288 #

Proposal for a directive
Article 6 – paragraph 3

Amendment 289 #

Sergio Gaetano COFFERATI, Marc TARABELLA, Maria GRAPINI, Lucy ANDERSON, Evelyne GEBHARDT, Nicola DANTI, Arndt KOHN, Kerstin WESTPHAL, Sergio GUTIÉRREZ PRIETO

Proposal for a directive
Article 6 – paragraph 4 – introductory part

4. For the purposes of paragraph 2(k), ~~the relevant competent authoriti~~Member States shall assess in particular the ~~cumulative effect of imposing any of the following requiremen~~effect of the new or amended provisions when combined with the following requirements, where relevant, it being understood that there might be positive as well as negative effects:

Amendment 290 #

Proposal for a directive
Article 6 – paragraph 4 – introductory part

4. For the purposes of point (cd) of paragraph 2~~(k)~~, the relevant competent authorities shall assess in particular the cumulative effect of imposing any of the following requirements:

Amendment 291 #

Proposal for a directive
Article 6 – paragraph 4 – introductory part

4. For the purposes of paragraph 2(k), the relevant competent authorities shall ~~assess in particular~~take into consideration the cumulative effect of imposing any of the following requirements:

Amendment 292 #

Proposal for a directive
Article 6 – paragraph 4 – introductory part

4. For the purposes of paragraph 2(k), ~~the relevant competent authoriti~~Member States shall assess in particular the cumulative effect of imposing any of the following requirements:

Amendment 293 #

Sergio Gaetano COFFERATI, Marc TARABELLA, Maria GRAPINI, Nicola DANTI, Arndt KOHN, Sergio GUTIÉRREZ PRIETO

Proposal for a directive
Article 6 – paragraph 4 – point a

(a) reserved activities, ~~existing alongside protected professional title;~~

Amendment 294 #

Proposal for a directive
Article 6 – paragraph 4 – point a

(a) reserved activities~~, existing alongside protected professional title~~;

Amendment 295 #

Proposal for a directive
Article 6 – paragraph 4 – point a

(a) reserved activities, ~~existing alongside~~ protected professional title;

Amendment 296 #

Sergio Gaetano COFFERATI, Marc TARABELLA, Maria GRAPINI, Nicola DANTI, Arndt KOHN, Kerstin WESTPHAL, Sergio GUTIÉRREZ PRIETO

Proposal for a directive
Article 6 – paragraph 4 – point a a (new)

(aa) a protected professional title;

Amendment 297 #

Proposal for a directive
Article 6 – paragraph 4 – point a a (new)

(aa) protected professional title;

Amendment 298 #

Sergio Gaetano COFFERATI, Marc TARABELLA, Maria GRAPINI, Nicola DANTI, Arndt KOHN, Kerstin WESTPHAL, Sergio GUTIÉRREZ PRIETO

Proposal for a directive
Article 6 – paragraph 4 – point b

~~(b) continuous professional development requirements;~~deleted

Amendment 299 #

Sergio Gaetano COFFERATI, Marc TARABELLA, Maria GRAPINI, Nicola DANTI, Arndt KOHN, Kerstin WESTPHAL, Sergio GUTIÉRREZ PRIETO

Proposal for a directive
Article 6 – paragraph 4 – point b

(b) mandatory continuous professional development requirements;

Amendment 300 #

Proposal for a directive
Article 6 – paragraph 4 – point c

(c) rules relating to the organisation ~~of the profession, professional ethics and supervi~~and supervision of the profession;

Amendment 301 #

Sergio Gaetano COFFERATI, Marc TARABELLA, Maria GRAPINI, Nicola DANTI, Sergio GUTIÉRREZ PRIETO

Proposal for a directive
Article 6 – paragraph 4 – point d

~~(d) compulsory chamber membership, registration or authorisation schemes, in particular where those requirements imply the possession of a particular professional qualification;~~deleted

Amendment 302 #

Proposal for a directive
Article 6 – paragraph 4 – point g

(g) territorial restrictions, in ~~particular~~cluding where the profession is regulated in parts of a Member State’s territory in a different manner;

Amendment 303 #

Sergio Gaetano COFFERATI, Marc TARABELLA, Maria GRAPINI, Lucy ANDERSON, Arndt KOHN, Kerstin WESTPHAL, Pina PICIERNO, Sergio GUTIÉRREZ PRIETO

Proposal for a directive
Article 6 – paragraph 4 – point i

(i) requirements concerning insurance cover or other means of personal or collective protection with regard to professional liability;

Amendment 304 #

Proposal for a directive
Article 6 – paragraph 4 – point i

(i) requirements concerning insurance cover or other means of personal or collective protection with regard to professional liability;

Amendment 305 #

Proposal for a directive
Article 6 – paragraph 4 – point j

(j) language knowledge requirements, to the extent necessary to practise the profession.;

Amendment 306 #

Proposal for a directive
Article 6 – paragraph 4 – point j a (new)

(ja) authorisation schemes;

Amendment 307 #

Proposal for a directive
Article 6 – paragraph 4 – point j b (new)

(j b) requirements on advertising;

Amendment 308 #

Proposal for a directive
Article 6 – paragraph 4 – point j c (new)

(j c) compulsory tariff requirements.

Amendment 309 #

Proposal for a directive
Article 6 – paragraph 4 – subparagraph 1 a (new)

These requirements, or any restrictive effect resulting from their implementation, shall not be considered disproportionate restrictions per se.

Amendment 310 #

Proposal for a directive
Article 6 – paragraph 4 a (new)

4a. The Commission shall provide guidelines on the procedure and methodology that the Member States must follow to conduct proportionality assessments on legislative, regulatory or administrative provisions restricting access to regulated professions that they wish to introduce or amend, making reference to the elements described in Article 6(2) of the proposal for a directive.

Amendment 311 #

Proposal for a directive
Article 6 – paragraph 4 a (new)

4 a. Commission shall publish a template for proportionality assessment based on several situations which will serve as a guideline to the Member States. The templates shall be published within three months of the Directive’s entry into force.

Amendment 312 #

Proposal for a directive
Article 7 – paragraph 1

Member States shall, by appropriate means~~, inform citizens, service recipients, representative associations and relevant stakeholders other than the members of the profess~~ and in addition to the members of the profession, inform all relevant stakeholders, including citizens, service recipients, representative associations before ~~introduc~~proposing 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 which shall then be given due consideration. This requirement may be fulfilled, for example, by means of a public consultation.

Amendment 313 #

Sergio Gaetano COFFERATI, Marc TARABELLA, Maria GRAPINI, Lucy ANDERSON, Nicola DANTI, Arndt KOHN, Kerstin WESTPHAL, Pina PICIERNO, Sergio GUTIÉRREZ PRIETO

Proposal for a directive
Article 7 – paragraph 1

Member States shall, by appropriate means, inform citizens, service recipients, representative associations and relevant stakeholders other than the members of the profession before introducing new legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, or amending existing onesBefore introducing new, or amending existing, legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, Member States shall, by appropriate means, 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.

Amendment 314 #

Proposal for a directive
Article 7 – paragraph 1

Member States shall, by appropriate means, ~~inform~~consult citizens, service recipients, representative associations and relevant stakeholders other than the members of the profession before introducing new, or amending existing, legislative, regulatory or administrative provisions restricting access to or pursuit of services activities, including activities of regulated professions, or amending existing ones, and ~~give them the opportunity to make known~~take account of their views.

Amendment 315 #

Proposal for a directive
Article 7 – paragraph 1

Member States shall, by appropriate means, inform citizens, service recipients, representative associations and relevant stakeholders ~~other than the members of the profession~~ before 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 during a period which may not be less than 2 months prior to adoption of the proposal.

Amendment 316 #

Proposal for a directive
Article 7 – paragraph 1

Member States shall, by appropriate means, inform citizens, service recipients, ~~representative associ~~professional organisations and relevant stakeholders ~~other than the members of the profession befo~~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.

Amendment 317 #

Sergio Gaetano COFFERATI, Marc TARABELLA, Maria GRAPINI, Lucy ANDERSON, Arndt KOHN, Kerstin WESTPHAL, Pina PICIERNO, Sergio GUTIÉRREZ PRIETO

Proposal for a directive
Article 7 a (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.

Amendment 318 #

Proposal for a directive
Article 8 – title

Exchange of information between ~~competent authoriti~~Member States

Amendment 319 #

Sergio Gaetano COFFERATI, Marc TARABELLA, Maria GRAPINI, Lucy ANDERSON, Nicola DANTI, Pina PICIERNO, Sergio GUTIÉRREZ PRIETO

Proposal for a directive
Article 8 – paragraph 1

1. For the purposes of the efficient application of this Directive, before introducing new, or amending existing, legislative, regulatory or administrative provisions restricting access to or pursuit of ~~regulated professions, or amending existing ones~~services activities, including activities of regulated professions, and when reviewing existing regulation in case of substantive changes being introduced, 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.

Amendment 320 #

Proposal for a directive
Article 8 – paragraph 1

1. 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 and of Directive 2005/36/EC, the Commission shall encourage and facilitate the exchange of information between Member States on matters covered by this Directive and by Directive 2005/36/EC, 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.

Amendment 321 #

Sergio Gaetano COFFERATI, Marc TARABELLA, Maria GRAPINI, Lucy ANDERSON, Nicola DANTI, Christel SCHALDEMOSE, Pina PICIERNO, Sergio GUTIÉRREZ PRIETO

Proposal for a directive
Article 8 – paragraph 1

1. For the purposes of the efficient application of this Directive, ~~before introducing new~~when assessing current legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, as well as before introducing new provisions 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.

Amendment 322 #

Proposal for a directive
Article 8 – paragraph 2

2. Member States shall inform the Commission of the ~~competent~~public authorities responsible for transmitting and receiving information for the purposes of applying paragraph 1.

Amendment 323 #

Proposal for a directive
Article 9 – paragraph 1

1. The reasons for considering that provisions restricting access to or the pursuit of regulated professions, 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.

Amendment 324 #

Proposal for a directive
Article 9 – paragraph 1

1. ~~The reasons for considering that provisions, assessed in accordance with this Directive, are justified, necessary and proportionate, and~~Assessments undertaken in accordance with this Directive, 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.

Amendment 325 #

Proposal for a directive
Article 9 – paragraph 1

Amendment 326 #

Sergio Gaetano COFFERATI, Marc TARABELLA, Maria GRAPINI, Lucy ANDERSON, Nicola DANTI, Arndt KOHN, Kerstin WESTPHAL, Pina PICIERNO, Sergio GUTIÉRREZ PRIETO

Proposal for a directive
Article 9 – paragraph 1

1. The reasons for considering that provisions, assessed in accordance with ~~this Directive, are justified, necessary~~Directive 2005/36/EC and with this Directive, are non-discriminatory, justified 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 authoriti~~Member States 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.

Amendment 327 #

Daniel DALTON

Proposal for a directive
Article 9 – paragraph 1

1. 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 th~~, without undue rdel~~evant competent authoriti~~ay, by the Member States 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.

Amendment 328 #

Sergio Gaetano COFFERATI, Marc TARABELLA, Maria GRAPINI, Sergio GUTIÉRREZ PRIETO

Proposal for a directive
Article 9 – paragraph 1

1. 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.

Amendment 329 #

Proposal for a directive
Article 9 – paragraph 2

2. Member States and other interested parties may submit comments concerning the provisions and the reasons referred to in paragraph 1 to the Commission, or to the Member State which has ~~notifi~~communicated the provisions.

Amendment 330 #

Proposal for a directive
Article 9 – paragraph 2

2. Member States and other interested parties, including professional organisations, may submit comments to the Commission or to the Member State which has notified the provisions.

Amendment 331 #

Proposal for a directive
Article 9 – paragraph 2

2. Member States, relevant stakeholders and other interested parties may submit comments to the Commission or to the Member State which has notified the provisions.

Amendment 332 #

Proposal for a directive
Article 9 – paragraph 2

2. Member States and other interested parties may submit comments to the Commission or to the Member State which has ~~notifi~~adopted the provisions.

Amendment 333 #

Marco ZULLO, Laura AGEA, Piernicola PEDICINI

Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 12 months following the day of its publication in the Official Journal of the European Union at the latest. They shall forthwith communicate to the Commission the text of those provisions.

Amendment 53 #

Proposal for a directive
–

The European Parliament rejects the Commission proposal on a proportionality test before adoption of new regulation of professions.

Amendment 54 #

Jiří MAŠTÁLKA

Proposal for a directive
–

The European Parliament rejects the Commission proposal .

Amendment 55 #

Marcus PRETZELL, Mylène TROSZCZYNSKI

Proposal for a directive
–

The European Parliament rejects the Commission proposal.

Amendment 56 #

Proposal for a directive
Title

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)

Amendment 57 #

Proposal for a directive
Recital 1

(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.

Amendment 58 #

Proposal for a directive
Recital 1

Amendment 59 #

Sergio Gaetano COFFERATI, Marc TARABELLA, Maria GRAPINI, Lucy ANDERSON

Proposal for a directive
Recital 2

(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’ 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.

Amendment 60 #

Sergio Gaetano COFFERATI, Marc TARABELLA, Maria GRAPINI, Lucy ANDERSON, Olga SEHNALOVÁ, Nicola DANTI, Arndt KOHN, Kerstin WESTPHAL, Pina PICIERNO, Sergio GUTIÉRREZ PRIETO

Proposal for a directive
Recital 2

Amendment 61 #

Proposal for a directive
Recital 4

(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).

Amendment 62 #

Proposal for a directive
Recital 5

Amendment 63 #

Proposal for a directive
Recital 7

(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).

Amendment 64 #

Sergio Gaetano COFFERATI, Marc TARABELLA, Maria GRAPINI, Lucy ANDERSON, Nicola DANTI, Pina PICIERNO, Sergio GUTIÉRREZ PRIETO

Proposal for a directive
Recital 7

(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.

Amendment 65 #

Proposal for a directive
Recital 7

(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 “regulated profession” 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 “regulated profession” 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.

Amendment 66 #

Proposal for a directive
Recital 7

Amendment 67 #

Proposal for a directive
Recital 7

(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.

Amendment 68 #

Sergio Gaetano COFFERATI, Marc TARABELLA, Maria GRAPINI, Lucy ANDERSON, Evelyne GEBHARDT, Olga SEHNALOVÁ, Arndt KOHN, Sergio GUTIÉRREZ PRIETO

Proposal for a directive
Recital 7

(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.

Amendment 69 #

Proposal for a directive
Recital 7 a (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.

Amendment 70 #

Proposal for a directive
Recital 7 a (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)

Amendment 71 #

Proposal for a directive
Recital 7 a (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.

Amendment 72 #

Proposal for a directive
Recital 7 a (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.

Amendment 73 #

Proposal for a directive
Recital 7 a (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.

Amendment 74 #

Sergio Gaetano COFFERATI, Marc TARABELLA, Maria GRAPINI, Lucy ANDERSON, Evelyne GEBHARDT, Olga SEHNALOVÁ, Nicola DANTI, Christel SCHALDEMOSE, Arndt KOHN, Kerstin WESTPHAL, Pina PICIERNO, Sergio GUTIÉRREZ PRIETO

Proposal for a directive
Recital 7 b (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;

Amendment 75 #

Proposal for a directive
Recital 7 b (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.

Amendment 76 #

Proposal for a directive
Recital 7 b (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.

Amendment 77 #

Proposal for a directive
Recital 7 c (new)

(7c) The Court of Justice and the European legislator have held that people’s 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.

Amendment 78 #

Proposal for a directive
Recital 7 c (new)

(7c) The Court of Justice and the European legislator have held that people’s health and lives are of prime importance among the assets and interests protected by the TFEU.

Amendment 79 #

Proposal for a directive
Recital 7 d (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.

Amendment 80 #

Proposal for a directive
Recital 7 d (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.

Amendment 81 #

Proposal for a directive
Recital 7 e (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.

Amendment 82 #

Proposal for a directive
Recital 8 a (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;

Amendment 83 #

Sergio Gaetano COFFERATI, Marc TARABELLA, Maria GRAPINI, Lucy ANDERSON, Nicola DANTI, Christel SCHALDEMOSE, Arndt KOHN, Kerstin WESTPHAL, Pina PICIERNO, Sergio GUTIÉRREZ PRIETO

Proposal for a directive
Recital 8 b (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’s rules are disproportionate and therefore incompatible with EU law;

Amendment 84 #

Sergio Gaetano COFFERATI, Marc TARABELLA, Maria GRAPINI, Lucy ANDERSON, Evelyne GEBHARDT, Nicola DANTI, Arndt KOHN, Kerstin WESTPHAL, Pina PICIERNO, Sergio GUTIÉRREZ PRIETO

Proposal for a directive
Recital 8 c (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.

Amendment 85 #

Proposal for a directive
Recital 9

(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 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.

Amendment 86 #

Proposal for a directive
Recital 9

(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.

Amendment 87 #

Proposal for a directive
Recital 9

Amendment 88 #

Proposal for a directive
Recital 9

(9) The burden of proof ofas regards justification and proportionality lies onwith 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.

Amendment 89 #

Sergio Gaetano COFFERATI, Marc TARABELLA, Maria GRAPINI, Lucy ANDERSON, Evelyne GEBHARDT, Nicola DANTI, Arndt KOHN, Kerstin WESTPHAL, Pina PICIERNO, Sergio GUTIÉRREZ PRIETO

Proposal for a directive
Recital 9

(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 justif~~Member States should ensure that any measure introducing new, or amending existing, essential legislative, regulatory or administrative provisions restricati~~on should thus be accompanied by an analysis of the appropriateness and proportionality of the measure adopted by that State and by~~ng 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 e~~vidence~~lements substantiating its arguments.

Amendment 90 #

Proposal for a directive
Recital 9

Amendment 91 #

Proposal for a directive
Recital 10

(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.

Amendment 92 #

Sergio Gaetano COFFERATI, Marc TARABELLA, Maria GRAPINI, Lucy ANDERSON, Nicola DANTI, Arndt KOHN, Kerstin WESTPHAL, Sergio GUTIÉRREZ PRIETO

Proposal for a directive
Recital 10

(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.

Amendment 93 #

Sergio Gaetano COFFERATI, Marc TARABELLA, Maria GRAPINI, Evelyne GEBHARDT, Nicola DANTI, Arndt KOHN, Kerstin WESTPHAL, Pina PICIERNO, Sergio GUTIÉRREZ PRIETO

Proposal for a directive
Recital 10

(10) It is appropriate to monitor the non- discrimination, justification and proportionality of the essential 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~~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. ~~The~~Such assessment of the ~~proportionality of the~~ national legislation should be based on significant developments found to have occurred in the area since the legislation was adopted.

Amendment 94 #

Proposal for a directive
Recital 11

(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. 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.

Amendment 95 #

Proposal for a directive
Recital 11

(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 entrantsThe 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.

Amendment 96 #

Proposal for a directive
Recital 11

(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,~~cases where regulatory ~~bodies or~~ pro~~fes~~vision~~al organisations, whose greater proximity to local conditions and specialised knowledge could in certain cases make them better placed to identify t~~s restricting the access to or pursuit of the regulated profession are established b~~est way of meeting the public interest objective~~y professional bodies such as orders or chambers, there is a particular reason for concern ~~in cases where the policy choice made by those authorities or bodies provides benefits to~~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.

Amendment 97 #

Proposal for a directive
Recital 11

(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, the~~re 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~~ policy choice made by those authorities or bodies should not be discriminatory.

Amendment 98 #

Proposal for a directive
Recital 11 a (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.

Amendment 99 #

Proposal for a directive
Recital 11 a (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.

source: 610.571

2017/09/11 EMPL 308 amendments...

Amendment 1 #

Laura AGEA, Piernicola PEDICINI, Marco ZULLO, Tiziana BEGHIN, Rosa D'AMATO, Marco VALLI

Proposal for a directive
–

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.

Amendment 10 #

Proposal for a directive
Recital 7

(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).

Amendment 100 #

Elena GENTILE, Maria ARENA, Siôn SIMON, Brando BENIFEI

Proposal for a directive
Article 2 – paragraph 1 a (new)

1 a. Member States shall 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 provision being introduced.Provisions which would not restrict access or pursuit of regulated professions, such as editorial amendments, or adaptations of content of training courses or modernisation of training regulations, shall not fall within the scope of this Directive.

Amendment 101 #

Paloma LÓPEZ BERMEJO, Rina Ronja KARI, Neoklis SYLIKIOTIS

Proposal for a directive
Article 2 – paragraph 1 a (new)

1 a. The common framework for conducting proportionality assessments set out in this Directive shall apply to new or amended legislative, regulatory or administrative provisions restricting access to or pursuit of service activities, including the activities of regulated professions.Where those new or amended provisions make substantive changes to the regulation of a service activity or the profession concerned, the common framework for conducting proportionality assessments shall also apply to existing requirements that are not being amended.

Amendment 102 #

Proposal for a directive
Article 2 – paragraph 1 a (new)

1 a. Without prejudice to the application of Directive 2005/36/EC, this directive shall not apply to professions providing health care services and social services, whether or not those services are provided within the framework of healthcare or social service establishments and independently of the manner in which they are organised and financed at national, regional and local level and independently from its provision by the public or private (non-profit or commercial) sector.

Amendment 103 #

Proposal for a directive
Article 2 – paragraph 1 a (new)

1a. This Directive shall not apply to healthcare services consisting of activities intended to assess, maintain or restore the state of health of patients whether or not they are provided via healthcare facilities.This shall also include commercial health professions (opticians- optometrists including those specialising in contact lenses, hearing aid technicians, orthopaedic technicians, orthopaedic shoe makers and dental technicians).

Amendment 104 #

Proposal for a directive
Article 2 – paragraph 2

2. Where specific ~~arrang~~requirements concerning the regulation of a given profession are established in a separate Union act, the corresponding provisions of this Directive shall not apply. Nor shall the provisions of the Directive apply in respect of Member States' provisions on the organisation or content of professional education and training or on delegating the organisation and supervision of such education and training to professional organisations.

Amendment 105 #

Proposal for a directive
Article 2 – paragraph 2

Amendment 106 #

Proposal for a directive
Article 2 – paragraph 2 – subparagraph 1 (new)

Without prejudice to the application of Directive 2005/36/EC, this Directive shall not apply to professions which provide healthcare services, regardless of the way in which they are organised and financed at national level, or whether they are public or private.

Amendment 107 #

Guillaume BALAS, Maria ARENA, Edouard MARTIN

Proposal for a directive
Article 2 – paragraph 2 a (new)

2 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 adaptations to content of training courses or modernisation of training regulations, shall not fall within the scope of this Directive.

Amendment 108 #

Proposal for a directive
Article 2 – paragraph 2 a (new)

Amendment 109 #

Georgi PIRINSKI

Proposal for a directive
Article 2 – paragraph 2 a (new)

2 a. This Directive shall not apply to healthcare services whether or not they are provided via healthcare facilities.

Amendment 11 #

Elena GENTILE, Emilian PAVEL, Maria ARENA, Siôn SIMON, Brando BENIFEI

Proposal for a directive
Recital 7

(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 an. 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.

Amendment 110 #

Proposal for a directive
Article 2 – paragraph 2 b (new)

2 b. Without prejudice to the application of Directive 2005/36/EC, this Directive shall not apply to professions providing health care and social services, whether or not those services are provided within the framework of healthcare or social service establishments and regardless of the way in which they are organised and financed at national, regional and local level and independently from a provision by the public or the private (not-for-profit or commercial) sector.

Amendment 111 #

Georgi PIRINSKI

Proposal for a directive
Article 2 – paragraph 2 b (new)

2 b. This Directive shall not apply to any changes in curricula or syllabi for obtaining professional qualification required for regulated professions.

Amendment 112 #

Proposal for a directive
Article 2 – paragraph 2 c (new)

2 c. 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.

Amendment 113 #

Proposal for a directive
Article 3 – paragraph 2

In addition, the following definitions shall apply: (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. (b) "reserved activities" means a form of regulating a profession where the access to a professional activity or group of professional activities is reserved, directly or indirectly, by virtue of legislative, regulatory or administrative provisions to members of a regulated profession, including where the activity is shared with other regulated professions.deleted

Amendment 114 #

Paloma LÓPEZ BERMEJO, Rina Ronja KARI, Neoklis SYLIKIOTIS

Proposal for a directive
Article 3 – paragraph 2 – point b a (new)

(b a) "service activity" means any economic activity, normally provided for remuneration, within the meaning of Article 57 TFEU.

Amendment 115 #

Proposal for a directive
Article 4 – title

~~Ex ante a~~Assessment of new measures

Amendment 116 #

Elena GENTILE, Emilian PAVEL, Siôn SIMON, Brando BENIFEI

Proposal for a directive
Article 4 – paragraph 1

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, taking into account the necessity to guarantee a high level of protection of fundamental rights guaranteed by Article 6 of Treaty on European Union and the Charter of Fundamental Rights of the European Union, in accordance with the rules laid down in this Directive.

Amendment 117 #

Proposal for a directive
Article 4 – paragraph 1

Amendment 118 #

Proposal for a directive
Article 4 – paragraph 1

1. Member States shall ensure that ~~before~~when 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, taking full account of the specific nature of each profession. The extent of this assessment shall be commensurate to the content and impact of the provisions in question. .

Amendment 119 #

Proposal for a directive
Article 4 – paragraph 1

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 and taking into account the nature, content and effects of the provisions being introduced or amended.

Amendment 12 #

Proposal for a directive
Recital 7

Amendment 120 #

Georgi PIRINSKI

Proposal for a directive
Article 4 – paragraph 1

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. Any restrictions based on nationality and/or place of residence are hereby prohibited.

Amendment 121 #

Proposal for a directive
Article 4 – paragraph 1

Amendment 122 #

Paloma LÓPEZ BERMEJO, Rina Ronja KARI, Neoklis SYLIKIOTIS

Proposal for a directive
Article 4 – paragraph 1

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.

Amendment 123 #

Proposal for a directive
Article 4 – paragraph 1

1. Member States shall ~~ensure that before introducing~~undertake an assessment of proportionality when introducing significant 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.

Amendment 124 #

Proposal for a directive
Article 4 – paragraph 1

1. Member States ~~shall~~might 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.

Amendment 125 #

Proposal for a directive
Article 4 – paragraph 1

1. Member States ~~shall ensure that before~~, after introducing new legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, or after amending existing ones, ~~the relevant competent authorities~~shall undertake an assessment of their proportionality ~~in accordance with the rules laid down in this Directive~~only with regard to important decisions concerning regulated professions, not every profession.

Amendment 126 #

Proposal for a directive
Article 4 – paragraph 2

~~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.~~deleted

Amendment 127 #

Proposal for a directive
Article 4 – paragraph 2

2. Any provision referred to in paragraph 1 shall be accompanied by a ~~detailed~~ statement making it possible to appraise the provision's compliance with the principle of proportionality.

Amendment 128 #

Paloma LÓPEZ BERMEJO, Rina Ronja KARI, Neoklis SYLIKIOTIS

Proposal for a directive
Article 4 – paragraph 2

2. Any provision referred to in paragraph 1 ~~shall~~might be accompanied by a ~~detailed statement~~n explanation making it possible to appraise compliance with the principle of proportionality.

Amendment 129 #

Proposal for a directive
Article 4 – paragraph 2

2. Any provision referred to in paragraph 1 shall be accompanied by a ~~detailed statement~~n explanation making it possible to appraise compliance with the principle of proportionality.

Amendment 13 #

Paloma LÓPEZ BERMEJO, Rina Ronja KARI, Neoklis SYLIKIOTIS

Proposal for a directive
Recital 7

Amendment 130 #

Proposal for a directive
Article 4 – paragraph 3

~~3. The reasons for considering that a provision is justified, necessary and proportionate shall be substantiated by qualitative and, wherever possible, quantitative evidence.~~deleted

Amendment 131 #

Proposal for a directive
Article 4 – paragraph 3

Amendment 132 #

Paloma LÓPEZ BERMEJO, Rina Ronja KARI, Neoklis SYLIKIOTIS

Proposal for a directive
Article 4 – paragraph 3

3. The reasons for considering that a provision is justified, necessary and proportionate shall be substantiated ~~by qualitative and, wherever possible, quantitative evidence~~.

Amendment 133 #

Danuta JAZŁOWIECKA, Marek PLURA, Agnieszka KOZŁOWSKA, Ádám KÓSA, Heinz K. BECKER, Sven SCHULZE, Tom VANDENKENDELAERE, Csaba SÓGOR

Proposal for a directive
Article 4 – paragraph 3

3. The reasons for considering that a provision is justified, necessary, non- discriminatory and proportionate shall be substantiated by qualitative and, wherever possible, quantitative evidence.

Amendment 134 #

Proposal for a directive
Article 4 – paragraph 3

3. ~~The reasons for considering that a provision is justified, necessary and proportionate~~Any provision referred to in paragraph 1 shall be substantiated by qualitative and, where~~ver possible~~ relevant, quantitative evidence.

Amendment 135 #

Proposal for a directive
Article 4 – paragraph 3

3. The reasons for considering that a provision is justified, necessary and proportionate ~~shall~~might be substantiated by qualitative and, wherever possible, quantitative evidence.

Amendment 136 #

Proposal for a directive
Article 4 – paragraph 3

3. The ~~reasons for considering that a provision is justified, necessary and proportionate shall be substantiated by qualitative and, wherever possible, quantitative evidence~~assessment of proportionality of a provision shall be conducted while respecting and ensuring the primacy of freedom of determination for Member States.

Amendment 137 #

Proposal for a directive
Article 4 – paragraph 3

3. The reasons for considering that a provision is justified, necessary and proportionate shall be substantiated by qualitative and, ~~wherever~~if possible, quantitative evidence.

Amendment 138 #

Paloma LÓPEZ BERMEJO, Rina Ronja KARI, Neoklis SYLIKIOTIS

Proposal for a directive
Article 4 – paragraph 4

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 adopdeleted.

Amendment 139 #

Proposal for a directive
Article 4 – paragraph 4

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~~after adoption.

Amendment 14 #

Proposal for a directive
Recital 7 a (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

Amendment 140 #

Proposal for a directive
Article 4 – paragraph 4

Amendment 141 #

Proposal for a directive
Article 4 – paragraph 4

4. Member States ~~shall~~might 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.

Amendment 142 #

Proposal for a directive
Article 4 – paragraph 5

Amendment 143 #

Proposal for a directive
Article 4 – paragraph 5

Amendment 144 #

Paloma LÓPEZ BERMEJO, Rina Ronja KARI, Neoklis SYLIKIOTIS

Proposal for a directive
Article 4 – paragraph 5

Amendment 145 #

Proposal for a directive
Article 4 – paragraph 5

Amendment 146 #

Proposal for a directive
Article 5 – paragraph 1

Amendment 147 #

Proposal for a directive
Article 5 – paragraph 1

Amendment 148 #

Proposal for a directive
Article 5 – paragraph 1

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.

Amendment 149 #

Elena GENTILE, Emilian PAVEL, Maria ARENA, Siôn SIMON, Brando BENIFEI

Proposal for a directive
Article 5 – paragraph 2

2. ~~The relevant competent authoriti~~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 ~~consum~~users, recipients of services ~~and worker~~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, ~~road safety~~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.

Amendment 15 #

Proposal for a directive
Recital 7 a (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.

Amendment 150 #

Paloma LÓPEZ BERMEJO, Rina Ronja KARI, Neoklis SYLIKIOTIS

Proposal for a directive
Article 5 – paragraph 2

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’ 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.

Amendment 151 #

Proposal for a directive
Article 5 – paragraph 2

2. ~~The relevant competent authoriti~~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~~. 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, ~~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; the protection of individual and collective worker’s rights, vocational training systems, workers‘ self-management and cultural policy objectives.

Amendment 152 #

Proposal for a directive
Article 5 – paragraph 2

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~~, thehealthof animals,~~; animal health; intellectual property,; the ~~safeguarding and~~conservation of the national historic and artistic heritage,; and social policy objectives and cultural policy objectives.

Amendment 153 #

Proposal for a directive
Article 5 – paragraph 2

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.

Amendment 154 #

Danuta JAZŁOWIECKA, Agnieszka KOZŁOWSKA, Ádám KÓSA, Heinz K. BECKER, Sven SCHULZE, Tom VANDENKENDELAERE, Csaba SÓGOR

Proposal for a directive
Article 5 – paragraph 2

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.

Amendment 155 #

Proposal for a directive
Article 5 – paragraph 2

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.

Amendment 156 #

Proposal for a directive
Article 5 – paragraph 2

2. ~~The relevant competent authorities shall consider in particular whether those~~A national provision is a~~re objectively justified on the basis of~~lways justified, necessary and proportionate when it concerns 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 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, ~~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.

Amendment 157 #

Proposal for a directive
Article 5 – paragraph 2

Amendment 158 #

Proposal for a directive
Article 5 – paragraph 3

Amendment 159 #

Proposal for a directive
Article 5 – paragraph 3

Amendment 16 #

Proposal for a directive
Recital 7 a (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.

Amendment 160 #

Proposal for a directive
Article 5 – paragraph 3

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.

Amendment 161 #

Proposal for a directive
Article 5 – paragraph 3 – subparagraph 1 (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.

Amendment 162 #

Proposal for a directive
Article 5 – paragraph 3 a (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.

Amendment 163 #

Proposal for a directive
Article 6 – paragraph 1

1. Before introducing new, or amending existing, legislative, regulatory or administrative provisions restricting access to or pursuit of ~~regulated professions, or amending existing one~~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.

Amendment 164 #

Proposal for a directive
Article 6 – paragraph 1

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.

Amendment 165 #

Proposal for a directive
Article 6 – paragraph 1

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, which would be in violation of the provisions and objectives of the Treaty.

Amendment 166 #

Proposal for a directive
Article 6 – paragraph 1

1. ~~Before~~After introducing new legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, or after amending existing ones, Member States shall ~~assess whether~~, in full autonomy, ensure that 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.

Amendment 167 #

Proposal for a directive
Article 6 – paragraph 1

Amendment 168 #

Proposal for a directive
Article 6 – paragraph 2 – introductory part

2. ~~When assessing the necessity and the proportionality of the provisions, the relevant competent authorities shall consider in particular:~~deleted

Amendment 169 #

Proposal for a directive
Article 6 – paragraph 2 – introductory part

Amendment 17 #

Paloma LÓPEZ BERMEJO, Rina Ronja KARI, Neoklis SYLIKIOTIS

Proposal for a directive
Recital 7 a (new)

(7a) This Directive should be without prejudice to Member States’ rules concerning the organisation, content and supervision of professional training.

Amendment 170 #

Proposal for a directive
Article 6 – paragraph 2 – introductory part

2. ~~When assessing the necessity and the proportionality of the provisions, the relevant competent authoriti~~For the purposes of the assessment in paragraph 1, Member States shall consider in particular:

Amendment 171 #

Proposal for a directive
Article 6 – paragraph 2 – introductory part

2. When assessing the ~~necessity and the~~ proportionality of the provisions, ~~the relevant competent authoriti~~Member States shall consider ~~in particular~~, where relevant:

Amendment 172 #

Proposal for a directive
Article 6 – paragraph 2 – introductory part

2. When assessing the necessity and the proportionality of the provisions, the relevant competent authorities ~~shall~~might consider in particular:

Amendment 173 #

Proposal for a directive
Article 6 – paragraph 2 – introductory part

2. When assessing the necessity and the proportionality of the provisions, ~~the relevant competent authoriti~~Member States shall consider in particular:

Amendment 174 #

Proposal for a directive
Article 6 – paragraph 2 – point a

~~(a) the nature of the risks related to the public interest objectives pursued, in particular the risks to consumers, to professionals or third parties;~~deleted

Amendment 175 #

Proposal for a directive
Article 6 – paragraph 2 – point a

(a) the nature of the risks related to the public interest objectives pursued, in particular the risks to ~~consumers, to professionals or third parties~~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;

Amendment 176 #

Proposal for a directive
Article 6 – paragraph 2 – point a

Amendment 177 #

Proposal for a directive
Article 6 – paragraph 2 – point a

(a) the nature of the risks related to the public interest objectives pursued, in particular the risks to consumers, to professionals or third parties; the definition of public interest is part of the Member States authority;

Amendment 178 #

Proposal for a directive
Article 6 – paragraph 2 – point a

(a) the nature of the risks related to the public interest objectives pursued, in particular the risks to consumers, service recipients, including patients, to professionals or third parties;

Amendment 179 #

Proposal for a directive
Article 6 – paragraph 2 – point a

(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;

Amendment 18 #

Danuta JAZŁOWIECKA, Agnieszka KOZŁOWSKA, Ádám KÓSA, Heinz K. BECKER, Tom VANDENKENDELAERE, Csaba SÓGOR

Proposal for a directive
Recital 7 b (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.

Amendment 180 #

Proposal for a directive
Article 6 – paragraph 2 – point a

(a) the nature of the risks related to the public interest objectives pursued, in particular the risks to consumers, patients to professionals or third parties;

Amendment 181 #

Proposal for a directive
Article 6 – paragraph 2 – point b

Amendment 182 #

Paloma LÓPEZ BERMEJO, Rina Ronja KARI, Neoklis SYLIKIOTIS

Proposal for a directive
Article 6 – paragraph 2 – point b

(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 activities~~;

Amendment 183 #

Proposal for a directive
Article 6 – paragraph 2 – point b

Amendment 184 #

Proposal for a directive
Article 6 – paragraph 2 – point b

(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 activities~~;

Amendment 185 #

Proposal for a directive
Article 6 – paragraph 2 – point b

Amendment 186 #

Proposal for a directive
Article 6 – paragraph 2 – point b a (new)

(b a) whether the provision genuinely reflects the pursued objective in a consistent and systematic manner and, therefore, addresses the risks identified in a similar way as in comparable activities;

Amendment 187 #

Paloma LÓPEZ BERMEJO, Rina Ronja KARI, Neoklis SYLIKIOTIS

Proposal for a directive
Article 6 – paragraph 2 – point c

(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 pursued;deleted

Amendment 188 #

Proposal for a directive
Article 6 – paragraph 2 – point c

Amendment 189 #

Proposal for a directive
Article 6 – paragraph 2 – point c

(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 pursued;

Amendment 19 #

Proposal for a directive
Recital 7 b (new)

Amendment 190 #

Proposal for a directive
Article 6 – paragraph 2 – point c

Amendment 191 #

Proposal for a directive
Article 6 – paragraph 2 – point c a (new)

(c a) the economic impact of the measure, including 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 free movement of persons and services within the Union;

Amendment 192 #

Proposal for a directive
Article 6 – paragraph 2 – point c a (new)

(c a) the scientific and technological developments which might reduce the asymmetry of information between professionals and consumers;

Amendment 193 #

Proposal for a directive
Article 6 – paragraph 2 – point c b (new)

Amendment 194 #

Proposal for a directive
Article 6 – paragraph 2 – point c c (new)

(c c) the possibility to use less restrictive means to achieve public interest objective;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 relevant competent authorities shall assess in particular whether the objective can be attained by the use of a protected professional title, without reserving activities;

Amendment 195 #

Proposal for a directive
Article 6 – paragraph 2 – point c d (new)

Amendment 196 #

Proposal for a directive
Article 6 – paragraph 2 – point d

~~(d) the link between the scope of activities covered by a profession or reserved to it and the professional qualification required;~~deleted

Amendment 197 #

Proposal for a directive
Article 6 – paragraph 2 – point d

~~(d) the link between the scope of activities covered by a profession or reserved to it and the professional qualification required;~~deleted

Amendment 198 #

Proposal for a directive
Article 6 – paragraph 2 – point d

~~(d) the link between the scope of activities covered by a profession or reserved to it and the professional qualification required;~~deleted

Amendment 199 #

Proposal for a directive
Article 6 – paragraph 2 – point e

Amendment 2 #

Proposal for a directive
Title 1

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)

Amendment 20 #

Proposal for a directive
Recital 7 b (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.

Amendment 200 #

Proposal for a directive
Article 6 – paragraph 2 – point e

Amendment 201 #

Proposal for a directive
Article 6 – paragraph 2 – point e

Amendment 202 #

Proposal for a directive
Article 6 – paragraph 2 – point f

Amendment 203 #

Proposal for a directive
Article 6 – paragraph 2 – point f

Amendment 204 #

Proposal for a directive
Article 6 – paragraph 2 – point f

Amendment 205 #

Proposal for a directive
Article 6 – paragraph 2 – point f

Amendment 206 #

Proposal for a directive
Article 6 – paragraph 2 – point g

Amendment 207 #

Proposal for a directive
Article 6 – paragraph 2 – point g

Amendment 208 #

Proposal for a directive
Article 6 – paragraph 2 – point g

Amendment 209 #

Proposal for a directive
Article 6 – paragraph 2 – point h

~~(h) the scientific and technological developments which may reduce the asymmetry of information between professionals and consumers;~~deleted

Amendment 21 #

Proposal for a directive
Recital 8

(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 alsmust have the option of adopting national requirements to regulate ~~one of~~ the modes of pursuit of a profession in laying down conditions for the use of professional titles.

Amendment 210 #

Proposal for a directive
Article 6 – paragraph 2 – point h

~~(h) the scientific and technological developments which may reduce the asymmetry of information between professionals and consumers;~~deleted

Amendment 211 #

Proposal for a directive
Article 6 – paragraph 2 – point h

~~(h) the scientific and technological developments which may reduce the asymmetry of information between professionals and consumers;~~deleted

Amendment 212 #

Proposal for a directive
Article 6 – paragraph 2 – point h

(h) the scientific and technological developments which may reduce or increase the asymmetry of information between professionals and consumers;

Amendment 213 #

Proposal for a directive
Article 6 – paragraph 2 – point h

(h) the scientific and technological developments which may effectively reduce the asymmetry of information between professionals and consumers;

Amendment 214 #

Proposal for a directive
Article 6 – paragraph 2 – point i

Amendment 215 #

Proposal for a directive
Article 6 – paragraph 2 – point i

Amendment 216 #

Danuta JAZŁOWIECKA, Marek PLURA, Agnieszka KOZŁOWSKA, Ádám KÓSA, Heinz K. BECKER, Sven SCHULZE, Tom VANDENKENDELAERE

Proposal for a directive
Article 6 – paragraph 2 – point i

Amendment 217 #

Proposal for a directive
Article 6 – paragraph 2 – point i

(i) the economic impact and impact on employment of the measure, with particular regard to the degree of competition in the market and the quality of the service provided, job creation, employment opportunities for young graduates as well as the impact on the free movement of persons and services within the Union;

Amendment 218 #

Proposal for a directive
Article 6 – paragraph 2 – point i

(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, - including services guaranteed when public services are provided - as well as the impact on the free movement of persons and services within the Union;

Amendment 219 #

Paloma LÓPEZ BERMEJO, Rina Ronja KARI, Neoklis SYLIKIOTIS

Proposal for a directive
Article 6 – paragraph 2 – point i

Amendment 22 #

Elena GENTILE, Emilian PAVEL, Maria ARENA, Siôn SIMON, Brando BENIFEI

Proposal for a directive
Recital 8 a (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.

Amendment 220 #

Elena GENTILE, Maria ARENA, Siôn SIMON, Brando BENIFEI

Proposal for a directive
Article 6 – paragraph 2 – point i

(i) the ~~economic~~ impact of the measure~~, with particular regard to the degree of competition in the market and~~ on the quality of the service provided, a~~s well as the impact~~nd on the free movement of persons ~~and services~~ within the Union, and on the freedom to choose an occupation;

Amendment 221 #

Proposal for a directive
Article 6 – paragraph 2 – point i

(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;

Amendment 222 #

Proposal for a directive
Article 6 – paragraph 2 – point j

~~(j) the possibility to use less restrictive means to achieve the public interest objective;~~deleted

Amendment 223 #

Paloma LÓPEZ BERMEJO, Rina Ronja KARI, Neoklis SYLIKIOTIS

Proposal for a directive
Article 6 – paragraph 2 – point j

~~(j) the possibility to use less restrictive means to achieve the public interest objective;~~deleted

Amendment 224 #

Elena GENTILE, Emilian PAVEL, Maria ARENA, Siôn SIMON, Brando BENIFEI

Proposal for a directive
Article 6 – paragraph 2 – point j

(j) the possibility to use less restrictive means to achieve the same or higher level protection of the public interest objective;

Amendment 225 #

Proposal for a directive
Article 6 – paragraph 2 – point j

(j) the possibility to use ~~less restric~~alternative means to achieve the public interest objective;

Amendment 226 #

Proposal for a directive
Article 6 – paragraph 2 – point k

Amendment 227 #

Proposal for a directive
Article 6 – paragraph 2 – point k

Amendment 228 #

Paloma LÓPEZ BERMEJO, Rina Ronja KARI, Neoklis SYLIKIOTIS

Proposal for a directive
Article 6 – paragraph 2 – point k

Amendment 229 #

Proposal for a directive
Article 6 – paragraph 2 – point k

Amendment 23 #

Danuta JAZŁOWIECKA, Marek PLURA, Agnieszka KOZŁOWSKA, Ádám KÓSA, Heinz K. BECKER, Sven SCHULZE, Tom VANDENKENDELAERE, Csaba SÓGOR

Proposal for a directive
Recital 8 a (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.

Amendment 230 #

Proposal for a directive
Article 6 – paragraph 2 – point k

Amendment 231 #

Paloma LÓPEZ BERMEJO, Rina Ronja KARI, Neoklis SYLIKIOTIS

Proposal for a directive
Article 6 – paragraph 2 – point k

Amendment 232 #

Proposal for a directive
Article 6 – paragraph 2 – point k a (new)

(k a) the necessity to uphold the precautionary principle, so that the maximum protection of public health, consumer safety and the environment is ensured in the face of risks that are uncertain or not fully apparent;

Amendment 233 #

Proposal for a directive
Article 6 – paragraph 2 a (new)

2 a. When assessing the proportionality of the provisions falling within the scope of Directive 2005/36/EC, the relevant competent authorities shall also consider: (a) the link between the scope of activities covered by a profession or reserved to it and the professional qualification required; (b) the link between the complexity of the tasks and the necessary possession of specific professional qualifications, in particular as regards the level, the nature and the duration of the training or experience required; (c) the existence of different routes to obtain the professional qualification; (d) whether and why the activities reserved to certain professions can or cannot be shared with other professions; (e) the degree of autonomy in exercising a regulated profession and the impact of organisational and supervision arrangements on the attainment of the objective pursued, in particular where the activities relating to a regulated profession are pursued under the control and responsibility of a duly qualified professional.

Amendment 234 #

Proposal for a directive
Article 6 – paragraph 3

Amendment 235 #

Proposal for a directive
Article 6 – paragraph 3

Amendment 236 #

Paloma LÓPEZ BERMEJO, Rina Ronja KARI, Neoklis SYLIKIOTIS

Proposal for a directive
Article 6 – paragraph 3

Amendment 237 #

Proposal for a directive
Article 6 – paragraph 3

Amendment 238 #

Proposal for a directive
Article 6 – paragraph 3

3. For the purposes of paragraph 2(j), 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 ~~relevant competent authoriti~~Member States shall assess in particular whether the objective can be attained by ~~protected professional title without reserving activi~~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.

Amendment 239 #

Paloma LÓPEZ BERMEJO, Rina Ronja KARI, Neoklis SYLIKIOTIS

Proposal for a directive
Article 6 – paragraph 4 – introductory part

4. ~~For the purposes of paragraph 2(k), the relevant competent authorities shall assess in particular the cumulative effect of imposing any of the following requirements:~~deleted

Amendment 24 #

Elena GENTILE, Jutta STEINRUCK, Emilian PAVEL, Maria ARENA, Siôn SIMON, Brando BENIFEI

Proposal for a directive
Recital 8 b (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.

Amendment 240 #

Proposal for a directive
Article 6 – paragraph 4 – introductory part

4. ~~For the purposes of paragraph 2(k), the relevant competent authorities shall assess in particular the cumulative effect of imposing any of the following requirements:~~deleted

Amendment 241 #

Proposal for a directive
Article 6 – paragraph 4 – introductory part

4. ~~For the purposes of paragraph 2(k), the relevant competent authorities shall assess in particular the cumulative effect of imposing any of the following requirements:~~deleted

Amendment 242 #

Proposal for a directive
Article 6 – paragraph 4 – introductory part

4. For the purposes of paragraph 2(k), ~~the relevant competent authoriti~~Member States shall assess in particular the ~~cumulative effect of~~effect of the new or amending regulation considering that Member States can increase the level of protection of public interest objectives imposing any of the following requirements:

Amendment 243 #

Proposal for a directive
Article 6 – paragraph 4 – introductory part

Amendment 244 #

Proposal for a directive
Article 6 – paragraph 4 – introductory part

4. For the purposes of point (cd) of paragraph 2~~(k)~~, the relevant competent authorities shall assess in particular the cumulative effect of imposing any of the following requirements:

Amendment 245 #

Paloma LÓPEZ BERMEJO, Rina Ronja KARI, Neoklis SYLIKIOTIS

Proposal for a directive
Article 6 – paragraph 4 – point a

~~(a) reserved activities, existing alongside protected professional title;~~deleted

Amendment 246 #

Proposal for a directive
Article 6 – paragraph 4 – point a

(a) ~~reserved activities, existing alongside protected professional title;~~deleted

Amendment 247 #

Proposal for a directive
Article 6 – paragraph 4 – point a

(a) ~~reserved activities, existing alongside protected professional title;~~deleted

Amendment 248 #

Proposal for a directive
Article 6 – paragraph 4 – point a

(a) reserved activities, ~~existing alongside protected professional title;~~

Amendment 249 #

Proposal for a directive
Article 6 – paragraph 4 – point a a (new)

(a a) a protected professional title;

Amendment 25 #

Elena GENTILE, Emilian PAVEL, Maria ARENA, Siôn SIMON, Brando BENIFEI

Proposal for a directive
Recital 8 c (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.

Amendment 250 #

Paloma LÓPEZ BERMEJO, Rina Ronja KARI, Neoklis SYLIKIOTIS

Proposal for a directive
Article 6 – paragraph 4 – point b

~~(b) continuous professional development requirements;~~deleted

Amendment 251 #

Proposal for a directive
Article 6 – paragraph 4 – point b

(b) ~~continuous professional development requirements;~~deleted

Amendment 252 #

Proposal for a directive
Article 6 – paragraph 4 – point b

(b) ~~continuous professional development requirements;~~deleted

Amendment 253 #

Proposal for a directive
Article 6 – paragraph 4 – point b

(b) ~~continuous~~mandatory professional development requirements;

Amendment 254 #

Proposal for a directive
Article 6 – paragraph 4 – point c

~~(c) rules relating to the organisation of the profession, professional ethics and supervision;~~deleted

Amendment 255 #

Paloma LÓPEZ BERMEJO, Rina Ronja KARI, Neoklis SYLIKIOTIS

Proposal for a directive
Article 6 – paragraph 4 – point c

Amendment 256 #

Proposal for a directive
Article 6 – paragraph 4 – point c

Amendment 257 #

Proposal for a directive
Article 6 – paragraph 4 – point d

~~(d) compulsory chamber membership, registration or authorisation schemes, in particular where those requirements imply the possession of a particular professional qualification;~~deleted

Amendment 258 #

Proposal for a directive
Article 6 – paragraph 4 – point d

~~(d) compulsory chamber membership, registration or authorisation schemes, in particular where those requirements imply the possession of a particular professional qualification;~~deleted

Amendment 259 #

Proposal for a directive
Article 6 – paragraph 4 – point d

(d) ~~compulsory chamber membership, registration or authorisation schemes, in particular where those requirements imply the possession of a particular professional qualification;~~deleted

Amendment 26 #

Paloma LÓPEZ BERMEJO, Rina Ronja KARI, Neoklis SYLIKIOTIS

Proposal for a directive
Recital 9

(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 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.

Amendment 260 #

Proposal for a directive
Article 6 – paragraph 4 – point d

(d) ~~compulsory chamber membership, registration or authorisation schemes, in particular where those requirements imply the possession of a particular professional qualification;~~deleted

Amendment 261 #

Paloma LÓPEZ BERMEJO, Rina Ronja KARI, Neoklis SYLIKIOTIS

Proposal for a directive
Article 6 – paragraph 4 – point e

(e) quantitative restrictions, in particular requirements limiting the number of authorisations to practise, or fixing a minimum or a maximum number of employees, managers or representatives holding particular professional qualifications;deleted

Amendment 262 #

Proposal for a directive
Article 6 – paragraph 4 – point e

Amendment 263 #

Proposal for a directive
Article 6 – paragraph 4 – point e

Amendment 264 #

Paloma LÓPEZ BERMEJO, Rina Ronja KARI, Neoklis SYLIKIOTIS

Proposal for a directive
Article 6 – paragraph 4 – point f

(f) specific legal form requirements or requirements which relate to the shareholding or management of a company, to the extent those requirements are directly linked to the exercise of the regulated profession;deleted

Amendment 265 #

Proposal for a directive
Article 6 – paragraph 4 – point f

Amendment 266 #

Proposal for a directive
Article 6 – paragraph 4 – point f

Amendment 267 #

Proposal for a directive
Article 6 – paragraph 4 – point g

~~(g) territorial restrictions, in particular where the profession is regulated in parts of a Member State’s territory in a different manner;~~deleted

Amendment 268 #

Paloma LÓPEZ BERMEJO, Rina Ronja KARI, Neoklis SYLIKIOTIS

Proposal for a directive
Article 6 – paragraph 4 – point g

(g) ~~territorial restrictions, in particular where the profession is regulated in parts of a Member State’s territory in a different manner;~~deleted

Amendment 269 #

Proposal for a directive
Article 6 – paragraph 4 – point g

(g) ~~territorial restrictions, in particular where the profession is regulated in parts of a Member State’s territory in a different manner;~~deleted

Amendment 27 #

Proposal for a directive
Recital 9

(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.

Amendment 270 #

Paloma LÓPEZ BERMEJO, Rina Ronja KARI, Neoklis SYLIKIOTIS

Proposal for a directive
Article 6 – paragraph 4 – point h

~~(h) requirements restricting the exercise of a regulated profession jointly or in partnership, as well as incompatibility rules;~~deleted

Amendment 271 #

Proposal for a directive
Article 6 – paragraph 4 – point h

(h) ~~requirements restricting the exercise of a regulated profession jointly or in partnership, as well as incompatibility rules;~~deleted

Amendment 272 #

Proposal for a directive
Article 6 – paragraph 4 – point h

(h) ~~requirements restricting the exercise of a regulated profession jointly or in partnership, as well as incompatibility rules;~~deleted

Amendment 273 #

Proposal for a directive
Article 6 – paragraph 4 – point i

~~(i) requirements concerning insurance cover or other means of personal or collective with regard to professional liability;~~deleted

Amendment 274 #

Paloma LÓPEZ BERMEJO, Rina Ronja KARI, Neoklis SYLIKIOTIS

Proposal for a directive
Article 6 – paragraph 4 – point i

(i) ~~requirements concerning insurance cover or other means of personal or collective with regard to professional liability;~~deleted

Amendment 275 #

Proposal for a directive
Article 6 – paragraph 4 – point i

(i) ~~requirements concerning insurance cover or other means of personal or collective with regard to professional liability;~~deleted

Amendment 276 #

Elena GENTILE, Emilian PAVEL, Maria ARENA, Siôn SIMON, Brando BENIFEI

Proposal for a directive
Article 6 – paragraph 4 – point i

(i) requirements concerning insurance cover or other means of personal or collective protection with regard to professional liability;

Amendment 277 #

Paloma LÓPEZ BERMEJO, Rina Ronja KARI, Neoklis SYLIKIOTIS

Proposal for a directive
Article 6 – paragraph 4 – point j

~~(j) language knowledge requirements, to the extent necessary to practise the profession.~~deleted

Amendment 278 #

Proposal for a directive
Article 6 – paragraph 4 – point j

(j) ~~language knowledge requirements, to the extent necessary to practise the profession.~~deleted

Amendment 279 #

Paloma LÓPEZ BERMEJO, Rina Ronja KARI, Neoklis SYLIKIOTIS

Proposal for a directive
Article 6 – paragraph 4 – point j

(j) ~~language knowledge requirements, to the extent necessary to practise the profession.~~deleted

Amendment 28 #

Proposal for a directive
Recital 9

(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~~, 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.

Amendment 280 #

Proposal for a directive
Article 6 – paragraph 4 – point j

(j) higher-level language knowledge requirements, to the extent strictly necessary to practise the profession.

Amendment 281 #

Proposal for a directive
Article 6 – paragraph 4 – point j

(j) language knowledge requirements, to the extent necessary to practise the profession.;

Amendment 282 #

Danuta JAZŁOWIECKA, Marek PLURA, Agnieszka KOZŁOWSKA, Ádám KÓSA, Heinz K. BECKER, Sven SCHULZE, Tom VANDENKENDELAERE, Csaba SÓGOR

Proposal for a directive
Article 6 – paragraph 4 – point j a (new)

(j a) proportionality of administrative requirements.

Amendment 283 #

Proposal for a directive
Article 6 – paragraph 4 – point j a (new)

(j a) authorisation schemes;

Amendment 284 #

Proposal for a directive
Article 6 – paragraph 4 – point j b (new)

(j b) requirements on advertising;

Amendment 285 #

Proposal for a directive
Article 6 – paragraph 4 – point j c (new)

(j c) compulsory tariff requirements.

Amendment 286 #

Proposal for a directive
Article 6 – paragraph 4 – subparagraph 1 (new)

These requirements shall not be considered disproportionate restrictions per se, nor shall any restrictive effect resulting from their implementation.

Amendment 287 #

Anne SANDER

Proposal for a directive
Article 6 – paragraph 4 a (new)

4a. In border areas, Member States shall ensure that laws, regulations or administrative provisions safeguard the integrity of the internal market, while ensuring a high level of protection for workers and undertakings.

Amendment 288 #

Proposal for a directive
Article 7 – paragraph 1

Member States shall, by appropriate means~~, inform citizens, service recipients, representative associations and relevant stakeholders other than the members of the profess~~ and in addition to the members of the profession, inform all relevant stakeholders, including service recipients, representative associations before ~~introduc~~proposing 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 which shall then be given due consideration. This requirement may be fulfilled, for example, by means of a public consultation whose results inform the content of the adopted provisions.

Amendment 289 #

Proposal for a directive
Article 7 – paragraph 1

~~Member States shall, by appropriate means, inform citizens, service recipients, representative associations and relevant stakeholders other than the members of the profession~~It lays within the competence of the Member States' authority to define who takes part in law and regulation making processes. Member States shall, by appropriate means, inform participants before 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. Participants can be service recipients, other relevant stakeholders as well as social partners.

Amendment 29 #

Sven SCHULZE

Proposal for a directive
Recital 9

Amendment 290 #

Elena GENTILE, Emilian PAVEL, Maria ARENA, Siôn SIMON, Brando BENIFEI

Proposal for a directive
Article 7 – paragraph 1

Member States shall, by appropriate means, inform citizens, service recipients, representative associations and relevant stakeholders other than the members of the profession before 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 viewefore introducing new, or amending existing legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, by appropriate means, inform citizens, users, social partners, representative associations and all relevant stakeholders other than the members of the profession, and give them the opportunity to make known their views through a public and transparent consultation. To this purpose, Member States may use national procedures.

Amendment 291 #

Danuta JAZŁOWIECKA, Marek PLURA, Agnieszka KOZŁOWSKA, Ádám KÓSA, Heinz K. BECKER, Sven SCHULZE, Tom VANDENKENDELAERE, Csaba SÓGOR

Proposal for a directive
Article 7 – paragraph 1

Member States shall, by appropriate means, inform citizens, service recipients, those in relevant training or education, representative associations and relevant stakeholders other than the members of the profession before 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.

Amendment 292 #

Paloma LÓPEZ BERMEJO, Rina Ronja KARI, Neoklis SYLIKIOTIS

Proposal for a directive
Article 7 – paragraph 1

Member States shall, by appropriate means, ~~inform~~consult citizens, service recipients, representative associations and relevant stakeholders other than the members of the profession before introducing new, or amending existing, legislative, regulatory or administrative provisions restricting access to or pursuit of ~~regulated professions, or amending existing~~ services activities, including activities of regulated professiones, and ~~give them the opportunity to make known~~take account of their views.

Amendment 293 #

Proposal for a directive
Article 7 – paragraph 1

Member States shall, by appropriate means, inform the social partners, as well as citizens, service recipients, representative associations and relevant stakeholders ~~other than the members of the profession~~with a legitimate interest, before 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.

Amendment 294 #

Proposal for a directive
Article 7 – paragraph 1

Amendment 295 #

Proposal for a directive
Article 7 – paragraph 1

Member States shall, by appropriate means, ~~inform~~consult citizens, service recipients, representative associations and relevant stakeholders other than the members of the profession, including social partners, before introducing new legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, or amending existing ones, and ~~giv~~take the~~m the opportunity to make known their views~~ir views into account.

Amendment 296 #

Elena GENTILE, Maria ARENA, Siôn SIMON, Brando BENIFEI

Proposal for a directive
Article 8 – title

Exchange of information between ~~competent authoriti~~Member States

Amendment 297 #

Proposal for a directive
Article 8 – paragraph 1

Amendment 298 #

Danuta JAZŁOWIECKA, Agnieszka KOZŁOWSKA, Ádám KÓSA, Heinz K. BECKER, Sven SCHULZE, Tom VANDENKENDELAERE, Csaba SÓGOR

Proposal for a directive
Article 8 – paragraph 1

Amendment 299 #

Proposal for a directive
Article 8 – paragraph 1

1. 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 en~~courage th~~sure 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.

Amendment 3 #

Proposal for a directive
Recital 1

~~(1) The freedom to choose an occupation is a fundamental right~~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.

Amendment 30 #

Proposal for a directive
Recital 9

(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 argumentsright 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.

Amendment 300 #

Elena GENTILE, Emilian PAVEL, Siôn SIMON, Brando BENIFEI

Proposal for a directive
Article 8 – paragraph 1

1. 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~~the Commission shall encourage the exchange of information ~~with competent authorities of other~~between 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.

Amendment 301 #

Proposal for a directive
Article 8 – paragraph 2

2. Member States shall inform the Commission of the competent public authorities responsible for transmitting and receiving information for the purposes of applying paragraph 1.

Amendment 302 #

Elena GENTILE, Maria ARENA, Siôn SIMON, Brando BENIFEI

Proposal for a directive
Article 8 – paragraph 2

2. Member States shall inform the Commission of the ~~competent~~public authorities responsible for transmitting and receiving information for the purposes of applying paragraph 1.

Amendment 303 #

Proposal for a directive
Article 9 – paragraph 1

Amendment 304 #

Proposal for a directive
Article 9 – paragraph 1

Amendment 305 #

Proposal for a directive
Article 9 – paragraph 2

2. Member States ~~and~~, relevant stakeholders such as social partners and consumer protection associations as well as other interested parties may submit comments to the Commission or to the Member State which has notified the provisions.

Amendment 306 #

Proposal for a directive
Article 9 – paragraph 2

Amendment 307 #

Danuta JAZŁOWIECKA, Marek PLURA, Agnieszka KOZŁOWSKA, Ádám KÓSA, Heinz K. BECKER, Tom VANDENKENDELAERE, Csaba SÓGOR

Proposal for a directive
Article 10 – paragraph 2

~~2. Where appropriate, the report referred to in paragraph 1 shall be accompanied by relevant proposals.~~deleted

Amendment 308 #

Elena GENTILE, Emilian PAVEL, Siôn SIMON, Brando BENIFEI

Proposal for a directive
Article 10 – paragraph 2 a (new)

2 a. Member States shall not submit new legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, or amending existing ones assessed in accordance with this Directive , to any other ex ante procedure to assess their compatibility with EU legislation prior to its adoption.

Amendment 31 #

Proposal for a directive
Recital 9

Amendment 32 #

Paloma LÓPEZ BERMEJO, Rina Ronja KARI, Neoklis SYLIKIOTIS

Proposal for a directive
Recital 10

(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 concern~~after they are adopted. 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 assess~~not exceed the requirements of ~~the proportionality of the national legislation should be based on developments found to have occurred in the area since the legislation was adopted~~Article 59(3) of Directive 2005/36/EC.

Amendment 33 #

Proposal for a directive
Recital 10

(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.

Amendment 34 #

Proposal for a directive
Recital 10

(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.

Amendment 35 #

Proposal for a directive
Recital 10

(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.

Amendment 36 #

Paloma LÓPEZ BERMEJO, Rina Ronja KARI, Neoklis SYLIKIOTIS

Proposal for a directive
Recital 11

(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.

Amendment 37 #

Proposal for a directive
Recital 11

(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.

Amendment 38 #

Proposal for a directive
Recital 11

Amendment 39 #

Proposal for a directive
Recital 11

(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.

Amendment 4 #

Proposal for a directive
Recital 1

(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.

Amendment 40 #

Proposal for a directive
Recital 12

(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, areIt 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 ~~and~~, prevention of tax evasion and avoidance~~; road safety~~ 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.

Amendment 41 #

Proposal for a directive
Recital 12

Amendment 42 #

Proposal for a directive
Recital 12

(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 sh~~ould~~all 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’ 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; ~~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.

Amendment 43 #

Paloma LÓPEZ BERMEJO, Rina Ronja KARI, Neoklis SYLIKIOTIS

Proposal for a directive
Recital 12

(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~~, 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,; 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.

Amendment 44 #

Sven SCHULZE

Proposal for a directive
Recital 12

(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~~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.

Amendment 45 #

Proposal for a directive
Recital 12

(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~~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.

Amendment 46 #

Proposal for a directive
Recital 12

(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~~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.

Amendment 47 #

Proposal for a directive
Recital 12 a (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.

Amendment 48 #

Proposal for a directive
Recital 12 a (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.

Amendment 49 #

Proposal for a directive
Recital 12 a (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.

Amendment 5 #

Proposal for a directive
Recital 2

(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’ 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.

Amendment 50 #

Proposal for a directive
Recital 13

Amendment 51 #

Paloma LÓPEZ BERMEJO, Rina Ronja KARI, Neoklis SYLIKIOTIS

Proposal for a directive
Recital 13

Amendment 52 #

Proposal for a directive
Recital 14

(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.

Amendment 53 #

Paloma LÓPEZ BERMEJO, Rina Ronja KARI, Neoklis SYLIKIOTIS

Proposal for a directive
Recital 14

(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.

Amendment 54 #

Proposal for a directive
Recital 15

(15) RAccording to European case-law1a, requirements linked to professional qualifications ~~should~~may be considered a~~s necessary only where existing measures, such as consumer protection law, cannot be regarded as being suitable or genuinely effective to achieve the aim pursued.~~ppropriate 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

Amendment 55 #

Proposal for a directive
Recital 16

(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.deleted

Amendment 56 #

Paloma LÓPEZ BERMEJO, Rina Ronja KARI, Neoklis SYLIKIOTIS

Proposal for a directive
Recital 16

Amendment 57 #

Proposal for a directive
Recital 16

(16) Among the elements tohat may be taken into account by national authorities, the ~~following are of most relevanc~~re 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.

Amendment 58 #

Paloma LÓPEZ BERMEJO, Rina Ronja KARI, Neoklis SYLIKIOTIS

Proposal for a directive
Recital 17

Amendment 59 #

Proposal for a directive
Recital 17

(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.

Amendment 6 #

Proposal for a directive
Recital 2

(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’ prerogative to decide whether and how to regulate a service activity or profession within the limits of the principles of non- discrimination and proportionality.

Amendment 60 #

Proposal for a directive
Recital 17

Amendment 61 #

Paloma LÓPEZ BERMEJO, Rina Ronja KARI, Neoklis SYLIKIOTIS

Proposal for a directive
Recital 18

(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 gain 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.

Amendment 62 #

Proposal for a directive
Recital 18

(18) The ~~economic~~ impact of the measure~~, including a cost-benefit analysis with particular regard to the degree of competition in the market and~~ on 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.

Amendment 63 #

Proposal for a directive
Recital 18

(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, 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.

Amendment 64 #

Proposal for a directive
Recital 18

(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.

Amendment 65 #

Proposal for a directive
Recital 18

(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 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~~should be duly taken into account~~ 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.

Amendment 66 #

Danuta JAZŁOWIECKA, Marek PLURA, Agnieszka KOZŁOWSKA, Ádám KÓSA, Heinz K. BECKER, Tom VANDENKENDELAERE, Csaba SÓGOR

Proposal for a directive
Recital 18

(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.

Amendment 67 #

Proposal for a directive
Recital 18

(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.

Amendment 68 #

Paloma LÓPEZ BERMEJO, Rina Ronja KARI, Neoklis SYLIKIOTIS

Proposal for a directive
Recital 19

Amendment 69 #

Proposal for a directive
Recital 19

(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.~~

Amendment 7 #

Proposal for a directive
Recital 3

~~(3)~~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~~: they should be applied in a non-discriminatory manner;~~ 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’Ordine degli Avvocati e Procuratori di Milano [1995] ECR I-4165.

Amendment 70 #

Proposal for a directive
Recital 19

(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.~~

Amendment 71 #

Proposal for a directive
Recital 20

(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~~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.

Amendment 72 #

Paloma LÓPEZ BERMEJO, Rina Ronja KARI, Neoklis SYLIKIOTIS

Proposal for a directive
Recital 20

(20) The national authorities should carry out a global assessment of the circumstances in which the re~~strictive measure~~quirement 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.

Amendment 73 #

Proposal for a directive
Recital 20

(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.

Amendment 74 #

Proposal for a directive
Recital 20

Amendment 75 #

Proposal for a directive
Recital 20

(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.

Amendment 76 #

Danuta JAZŁOWIECKA, Marek PLURA, Agnieszka KOZŁOWSKA, Ádám KÓSA, Heinz K. BECKER, Tom VANDENKENDELAERE, Sven SCHULZE

Proposal for a directive
Recital 20 a (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.

Amendment 77 #

Proposal for a directive
Recital 20 a (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.

Amendment 78 #

Paloma LÓPEZ BERMEJO, Rina Ronja KARI, Neoklis SYLIKIOTIS

Proposal for a directive
Recital 21

(21) It is essential for the proper functioning of the internal market to ensure that Member States ~~provide information to citizen~~, 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 or, social partners and other relevant stakeholders ~~before introducing new measures restricting access to or pursuit of regulated~~, including those who are not members of the professions, and give them the opportunity to make known their views.

Amendment 79 #

Proposal for a directive
Recital 21

(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.

Amendment 8 #

Elena GENTILE, Jutta STEINRUCK, Maria ARENA, Siôn SIMON, Brando BENIFEI

Proposal for a directive
Recital 4 a (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.

Amendment 80 #

Danuta JAZŁOWIECKA, Marek PLURA, Agnieszka KOZŁOWSKA, Ádám KÓSA, Heinz K. BECKER, Tom VANDENKENDELAERE, Sven SCHULZE

Proposal for a directive
Recital 21

(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.

Amendment 81 #

Proposal for a directive
Recital 21

Amendment 82 #

Proposal for a directive
Recital 21

(21) It is essential for the proper functioning of the internal market to ensure that Member States provide information to citizens, representative associations or, 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.

Amendment 83 #

Proposal for a directive
Recital 21

Amendment 84 #

Danuta JAZŁOWIECKA, Marek PLURA, Agnieszka KOZŁOWSKA, Ádám KÓSA, Heinz K. BECKER, Sven SCHULZE, Tom VANDENKENDELAERE, Csaba SÓGOR

Proposal for a directive
Recital 22

(22) To facilitate the exchange of best practices, each Member State should en~~courage~~sure that the relevant competent authorities to 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.

Amendment 85 #

Proposal for a directive
Recital 22

(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.

Amendment 86 #

Proposal for a directive
Recital 22

Amendment 87 #

Proposal for a directive
Recital 23

Amendment 88 #

Proposal for a directive
Recital 24

(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,

Amendment 89 #

Danuta JAZŁOWIECKA, Marek PLURA, Agnieszka KOZŁOWSKA, Ádám KÓSA, Heinz K. BECKER, Sven SCHULZE, Tom VANDENKENDELAERE

Proposal for a directive
Article 1 – paragraph 1

Amendment 9 #

Proposal for a directive
Recital 5

(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.

Amendment 90 #

Paloma LÓPEZ BERMEJO, Rina Ronja KARI, Neoklis SYLIKIOTIS

Proposal for a directive
Article 1 – paragraph 1

Amendment 91 #

Proposal for a directive
Article 1 – paragraph 1

Amendment 92 #

Proposal for a directive
Article 1 – paragraph 1

Amendment 93 #

Proposal for a directive
Article 1 – paragraph 1

This Directive lays down rules on a common framework for conducting proportionality assessments ~~before~~after introducing new legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, or after amending existing ones, with a view to ensuring the proper functioning of the internal market.

Amendment 94 #

Proposal for a directive
Article 1 – paragraph 1

This Directive lays down rules on a common framework for conducting proportionality assessments before introducing exclusively new legislative, or regulatory ~~or administrative~~ provisions restricting access to or pursuit of regulated professions, ~~or amending existing ones,~~ with a view to ensuring the proper functioning of the internal market.

Amendment 95 #

Elena GENTILE, Jutta STEINRUCK, Siôn SIMON, Maria ARENA, Brando BENIFEI

Proposal for a directive
Article 1 – paragraph 1 a (new)

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 States does not mean that the latter Member State's rules are disproportionate and therefore incompatible with EU Law.

Amendment 96 #

Proposal for a directive
Article 2 – paragraph 1

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. It shall not affect the Member States' prerogative and margin of discretion to decide whether and how to regulate a profession within the limits of the principles of non-discrimination between Europeans, Community preference and proportionality.

Amendment 97 #

Proposal for a directive
Article 2 – paragraph 1

Amendment 98 #

Proposal for a directive
Article 2 – paragraph 1

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. It does not affect Member States' competence to decide whether and how, in accordance with the principles of non- discrimination and proportionality, to regulate a profession.

Amendment 99 #