Next event: Commission response to text adopted in plenary 2018/07/11 more...
- Final act published in Official Journal 2018/07/09
- End of procedure in Parliament 2018/07/04
- Draft final act 2018/06/28
- Final act signed 2018/06/28
- Act adopted by Council after Parliament's 1st reading 2018/06/21
- Council Meeting 2018/06/21
- Results of vote in Parliament 2018/06/14
- Decision by Parliament, 1st reading 2018/06/14
- Debate in Parliament 2018/06/13
- Approval in committee of the text agreed at 1st reading interinstitutional negotiations 2018/04/23
- Coreper letter confirming interinstitutional agreement 2018/04/20
- Text agreed during interinstitutional negotiations 2018/04/20
- Committee decision to enter into interinstitutional negotiations confirmed by plenary (Rule 71) 2017/12/13
- Committee decision to enter into interinstitutional negotiations announced in plenary (Rule 71) 2017/12/11
- Committee report tabled for plenary, 1st reading 2017/12/08
- Vote in committee, 1st reading 2017/12/04
- Committee decision to open interinstitutional negotiations with report adopted in committee 2017/12/04
- Committee opinion 2017/11/10
- Committee of the Regions: opinion 2017/10/11
- Amendments tabled in committee 2017/09/12
Progress: Procedure completed
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | IMCO | SCHWAB Andreas ( PPE) | COFFERATI Sergio Gaetano ( S&D), SULÍK Richard ( ECR), SELIMOVIC Jasenko ( ALDE), REDA Felix ( Verts/ALE), ZULLO Marco ( EFDD), TROSZCZYNSKI Mylène ( ENF) |
Committee Opinion | PETI | ||
Committee Opinion | CULT | ||
Committee Opinion | EMPL | ||
Committee Opinion | JURI | ||
Committee Opinion | ENVI | GROSSETÊTE Françoise ( PPE) | Stefan ECK ( GUE/NGL), Mireille D'ORNANO ( ENF), Elena GENTILE ( S&D), Bolesław G. PIECHA ( ECR) |
Lead committee dossier:
Legal Basis:
TFEU 046, TFEU 053-p1, TFEU 062
Legal Basis:
TFEU 046, TFEU 053-p1, TFEU 062Subjects
Events
PURPOSE: adopt new measures to simplify access to regulated professions.
LEGISLATIVE ACT: Directive (EU) 2018/958 of the European Parliament and of the Council on a proportionality test before adoption of new regulation of professions.
CONTENT: the Directive establishes rules that require Member States to carry out a proportionality test before establishing new regulations for professions or amending existing regulations, in order to ensure the proper functioning of the internal market while guaranteeing the protection of consumers.
The aim of the Directive is to improve transparency in the way certain professions are regulated in Member States and to ensure that national measures are proportionate , and that they do not unduly restrict access to professional activities or create unjustified burdens in the internal market. In the absence of specific EU provisions harmonising rules on access to a regulated profession, Member States remain competent , to decide whether and how to regulate a profession within the limits of the principles of non-discrimination and proportionality.
Ex ante assessment of new measures and monitoring : according to the Directive, Member States will have to carry out a proportionality check before setting new requirements for certain professions. They will have to prove that the requirements are justified and proportionate and carry out the proportionality tests in an objective and independent manner. In addition, they must ensure that those provisions are neither directly nor indirectly discriminatory on the basis of nationality or residence.
Member States shall monitor the compliance of new or amended provisions restricting access to, or the pursuit of, regulated professions, after adoption, having due regard to any developments that have occurred since the provisions concerned were adopted.
Justification on grounds of public interest objectives : when regulating professions, Member States will have to assess whether new or amended rules are justified:
by public interest objectives , such as public policy, public security or public health; or by overriding reasons in the public interest , recognised as such in the case-law of the Court of Justice. It is also necessary to clarify that the following are among the overriding reasons in the public interest, recognised by the Court of Justice, such as: preserving the financial equilibrium of the social security system; the protection of consumers; the combating of fraud and the prevention of tax evasion and avoidance, and the safeguarding of the effectiveness of fiscal supervision; transport safety; the protection of the environment; the health of animals; intellectual property; the safeguarding and conservation of the national historic and artistic heritage.
Healthcare professions : Member States should duly take account of the objective of ensuring a high level of human health protection when assessing requirements for healthcare professions, and in particular, ensure that the regulation of healthcare professions is proportionate and contributes to the guaranteeing of access to healthcare , recognised as a fundamental right in the Charter, as well as to safe, high quality and efficient healthcare for citizens on their territory.
Information and remedy : Member States will have to:
inform citizens, service recipients and relevant stakeholders before introducing new provisions restricting access to regulated professions and involving all parties concerned by giving them the opportunity to make their views known; ensure that an effective remedy is available with regard to the matters covered by the Directive; encourage the exchange of information among Member States on matters covered by the Directive.
By 18 January 2024 and every five years thereafter, the Commission shall submit a report on the implementation and performance of the Directive. The reports shall be accompanied by relevant proposals.
ENTRY INTO FORCE: 29.7.2018.
TRANSPOSITION: by 30.7.2020.
The European Parliament adopted by 519 votes to 112 with 8 abstentions a legislative resolution on the proposal for a directive of the European Parliament and of the Council on a proportionality test before adoption of new regulation of professions.
Parliament’s position adopted at first reading under the ordinary legislative procedure amends the proposal as follows:
Purpose : the Directive aims to establish rules for proportionality assessments to be conducted by Member States before the introduction of new, or the amendment of existing, professional regulations, in order to ensure the proper functioning of the internal market, while guaranteeing transparency and a high level of consumer protection.
It does not affect the Member States’ competence , in the absence of harmonisation, and margin of discretion to decide whether and how to regulate a profession within the limits of the principles of non-discrimination and proportionality.
Member States will remain free to define the organisation and the content of their systems of education and professional training, and in particular as regards the possibility for them to delegate to professional organisations the power to organise or supervise professional education and training.
Ex ante assessment of new measures and monitoring : Member States shall undertake an assessment of proportionality before introducing new, or amending existing, legislative, regulatory or administrative provisions restricting access to regulated professions.
The extent of the assessment shall be proportionate to the nature, the content and the impact of the provision and shall be accompanied by an explanation which is sufficiently detailed to make it possible to appraise compliance with the principle of proportionality.
The assessment must be carried out in an objective and independent manner .
Member States shall monitor the compliance of new or amended legislative, regulatory or administrative provisions restricting access to regulated professions, after adoption , with the principle of proportionality.
Parliament specified that justifications motivated by public interest objectives should include the protection of consumers, the recipients of services, including by guaranteeing the quality of work, and of workers, ensuring the fairness of trade transactions, safeguarding the effectiveness of fiscal supervision and transport safety.
Non-discrimination : as confirmed by settled case-law, any unjustified restriction resulting from national law restricting the freedom of establishment or the freedom to provide services is prohibited, including any discrimination on grounds of nationality or residence.
Proportionality : before introducing new provisions restricting access to or the exercise of regulated professions or modifying existing provisions, Member States should take into account elements such as:
whether existing rules of a specific or more general nature, such as those contained in product safety law or consumer protection law, are insufficient for the attainment of the objective pursued; the impact on the free movement of persons and services within the Union, on consumer choice and on the quality of the service provided; the possibility of using less restrictive means to achieve the public interest objective.
Member States should take account of the objective of ensuring a high level of human health protection when assessing requirements for healthcare professions, such as reserved activities, protected professional title, continuous professional development or rules relating to the organisation of the profession, professional ethics and supervision, while respecting the minimum training conditions, laid down in Directive 2005/36/EC on the recognition of professional qualifications.
Lastly, Member States shall appropriately involve all parties concerned and shall give them the opportunity to make their views known.
The Committee on the Internal Market and Consumer Protection adopted the report by Andreas SCHWAB (EPP, DE) on the proposal for a directive of the European Parliament and of the Council on a proportionality test before adoption of new regulation of professions.
The committee recommended that the European Parliament’s position adopted at first reading under the ordinary legislative procedure should amend the Commission proposal as follows.
Subject matter : the Directive shall lay 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, with a view to ensuring the proper functioning of the internal market, while guaranteeing a high quality of professional services provided, and a high level of consumer protection.
This Directive shall not affect Member States' competence, in the absence of harmonisation, to regulate a profession within the limits of the principles of non-discrimination and proportionality.
Ex ante evaluation of new measures and monitoring : the extent of the assessment shall be proportionate to the nature, the content and the impact of the provision being introduced, in the light of the specific rules, governing the profession concerned .
Member States shall take the necessary measures to ensure that the assessment is carried out in an objective and independent manner.
Specific status of health services : Members believe that it is important to protect the health sector and the quality of healthcare services without hindering the functioning of the internal market. Given the specific nature of healthcare professions, recognised by the European legislator and the case-law of the Court of Justice, Members proposed to create a separate status for health professions, in order to guarantee their protection in respect of the principle of proportionality.
With regard to the regulation of the health professions, Member States shall have a sufficient margin of appreciation to ensure a high level of protection of human health.
Non-discrimination : according to the case-law of the Court of Justice, Members proposed that when introducing new or amending existing legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, Member States shall ensure that those provisions are neither directly nor indirectly discriminatory on the basis of nationality or residence.
Overriding reasons of general interest : Members proposed to complete the list of justifications on grounds of public interest objectives on the basis of the TFEU or recognised as such by the Court of Justice. This shall include: the effectiveness of fiscal supervision; transport safety; guaranteeing the quality of craft work; the promotion of research and development.
Member States shall have a reasonable margin of appreciation to determine the level of protection, which they wish to afford to public interest objectives, within the limits of proportionality.
Freedom to provide services : Member States shall also ensure compliance with the principle of proportionality of specific requirements relating to the cross-border provision of services.
Taking into account the temporary or occasional nature of the service, requirements such as automatic temporary registration or pro forma membership of a professional organisation, professional identity cards, prior declarations and document requirements, any form of business premises, including an office, as well as the payment of a fee or any charges, shall be proportionate and not lead to a disproportionate burden on service providers.
Information and stakeholder involvement : before introducing any provisions restricting access to or exercise of regulated professions, Member States shall carry out public consultations with all stakeholders, including social partners, and given them the opportunity to make views known.
Judicial review : national courts shall be able to assess the proportionality of provisions falling within the scope of this Directive, in order to ensure for each natural or legal person the right to an effective judicial remedy against restrictions to the freedom to choose an occupation, to exercise the right of establishment and to provide services.
Exchange of information and transparency : Member States shall take the necessary measures to encourage the sharing of adequate and regularly updated information with other Member States on the regulation of professions, as well as on the effects of such regulation. The Commission shall facilitate that exchange of best practices among Member States.
In addition, the reasons that Member States submit for considering that provisions are non-discriminatory, justified and proportionate should be easily accessible in the database of regulated professions to allow other Member States to submit their observations to the Commission. These observations should be duly taken into account by the Commission in its summary report.
PURPOSE: to remove the disproportionate restrictions on access to or pursuit of regulated professions.
PROPOSED ACT: Directive of the European Parliament and of the Council.
ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.
BACKGROUND: according to a recent survey carried out in April 2015 in all 28 Member States, at least 21% of the labour force in the European Union (50 million people) can be considered as working in a regulated profession (activities where a specific professional qualification is required). It is up to each Member State to decide whether there is a need to intervene and impose rules and restrictions for the access to or pursuit of a profession, so long as the principles of non-discrimination and proportionality are respected.
Directive 2005/36/EC of the European Parliament and of the Council on the recognition of professional qualifications 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.
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 its Communication of 28 October 2015 : ‘Upgrading the Single market: more opportunities for people and businesses’, the Commission identified the need to adopt an analytical proportionality framework for Member States to use when reviewing existing regulations of professions or proposing new ones.
IMPACT ASSESSMENT: the preferred option includes: (i) laying down the minimum criteria for conducting proportionality checks, based on and complementing the case-law and by introducing transparency on Member States' assessments through a binding instrument (Directive); (ii) supplementing this approach with further procedural aspects, such as public consultations and periodic review
CONTENT: the proposed Directive aims to create a legal framework for conducting proportionality assessments before introducing new or modifying existing legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions.
The main objectives of the action are to introduce more clarity to the applicable criteria, strengthen reliability, transparency and comparability across Member Stares and ensure that rules are applied in an equal manner so as to prevent further burdening and fragmenting the Single Market.
More specifically, the proposal:
obliges Member States to conduct an ex-ante proportionality assessment , substantiated by qualitative and, wherever possible, quantitative evidence; lists the justifications on grounds of public interest objectives on the basis of the TFEU or recognised as such by the Court of Justice. Based on settled case-law, grounds of a purely economic nature having essentially protectionist aim or effects, or purely administrative reasons cannot constitute overriding reasons in the public interest; lays down a general obligation for Member States before introducing new or modifying existing provisions restricting access to or pursuit of regulated professions, to assess whether these 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; sets out an obligation to inform all interested parties before introducing new measures and give them the possibility to express their views; provides for transparency of the proportionality assessments as well as a periodic review of the Directive.
Documents
- Commission response to text adopted in plenary: SP(2018)458
- Final act published in Official Journal: Directive 2018/958
- Final act published in Official Journal: OJ L 173 09.07.2018, p. 0025
- Draft final act: 00019/2018/LEX
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament, 1st reading: T8-0263/2018
- Debate in Parliament: Debate in Parliament
- Approval in committee of the text agreed at 1st reading interinstitutional negotiations: PE640.013
- Approval in committee of the text agreed at 1st reading interinstitutional negotiations: GEDA/A/(2019)006635
- Coreper letter confirming interinstitutional agreement: GEDA/A/(2019)006635
- Text agreed during interinstitutional negotiations: PE640.013
- Committee report tabled for plenary, 1st reading: A8-0395/2017
- Committee opinion: PE604.870
- Committee of the Regions: opinion: CDR1195/2017
- Amendments tabled in committee: PE610.571
- Committee draft report: PE601.007
- Economic and Social Committee: opinion, report: CES0729/2017
- Contribution: COM(2016)0822
- Contribution: COM(2016)0822
- Contribution: COM(2016)0822
- Contribution: COM(2016)0822
- Contribution: COM(2016)0822
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2016)0462
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2016)0463
- Legislative proposal published: COM(2016)0822
- Legislative proposal published: EUR-Lex
- Document attached to the procedure: EUR-Lex SWD(2016)0462
- Document attached to the procedure: EUR-Lex SWD(2016)0463
- Economic and Social Committee: opinion, report: CES0729/2017
- Committee draft report: PE601.007
- Amendments tabled in committee: PE610.571
- Committee of the Regions: opinion: CDR1195/2017
- Committee opinion: PE604.870
- Coreper letter confirming interinstitutional agreement: GEDA/A/(2019)006635
- Text agreed during interinstitutional negotiations: PE640.013
- Draft final act: 00019/2018/LEX
- Commission response to text adopted in plenary: SP(2018)458
- Contribution: COM(2016)0822
- Contribution: COM(2016)0822
- Contribution: COM(2016)0822
- Contribution: COM(2016)0822
- Contribution: COM(2016)0822
Activities
- Nicola CAPUTO
Plenary Speeches (1)
- Sergio Gaetano COFFERATI
Plenary Speeches (1)
- Elena GENTILE
Plenary Speeches (1)
- Lidia Joanna GERINGER DE OEDENBERG
Plenary Speeches (1)
- Sergio GUTIÉRREZ PRIETO
Plenary Speeches (1)
- Danuta JAZŁOWIECKA
Plenary Speeches (1)
- Paloma LÓPEZ BERMEJO
Plenary Speeches (1)
- Notis MARIAS
Plenary Speeches (1)
- Dariusz ROSATI
Plenary Speeches (1)
- Virginie ROZIÈRE
Plenary Speeches (1)
- Paul RÜBIG
Plenary Speeches (1)
- Jasenko SELIMOVIC
Plenary Speeches (1)
- Monika SMOLKOVÁ
Plenary Speeches (1)
- Csaba SÓGOR
Plenary Speeches (1)
- Richard SULÍK
Plenary Speeches (1)
- Adam SZEJNFELD
Plenary Speeches (1)
- Pavel TELIČKA
Plenary Speeches (1)
- Mylène TROSZCZYNSKI
Plenary Speeches (1)
- Anneleen VAN BOSSUYT
Plenary Speeches (1)
Amendments | Dossier |
183 |
2016/0404(COD)
2017/06/01
JURI
63 amendments...
Amendment 30 #
Proposal for a directive – The Committee on Legal Affairs calls on the Committee on Internal Market and Consumer protection, as the committee responsible, to propose rejection of the Commission proposal.
Amendment 31 #
Proposal for a directive – The Committee on Legal Affairs calls on the Committee on Internal Market and Consumer protection, as the committee responsible, to propose rejection of the Commission proposal.
Amendment 32 #
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-
Amendment 34 #
Proposal for a directive Recital 2 (2) I
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
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
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
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
Amendment 44 #
Proposal for a directive Recital 12 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, 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;
Amendment 46 #
Proposal for a directive Recital 12 (12) Where the taking-up
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
Amendment 49 #
Proposal for a directive Recital 18 (18) The economic impact of the measure,
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
Amendment 51 #
Proposal for a directive Recital 20 (20) The
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
Amendment 55 #
Proposal for a directive Recital 24 (24)
Amendment 56 #
Proposal for a directive Article 2 – paragraph 1 1. This Directive shall apply to
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,
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
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
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
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 #
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,
Amendment 65 #
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
Amendment 66 #
Proposal for a directive Article 5 – paragraph 2 2. The
Amendment 67 #
Proposal for a directive Article 5 – paragraph 3 3. Grounds of a purely economic nature
Amendment 68 #
Proposal for a directive Article 6 – paragraph 2 – introductory part 2. When Member States assess
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
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
Amendment 74 #
Proposal for a directive Article 6 – paragraph 2 – point e (e) the
Amendment 75 #
Proposal for a directive Article 6 – paragraph 2 – point f (f)
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 Amendment 78 #
Proposal for a directive Article 6 – paragraph 2 – point k 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(
Amendment 81 #
Proposal for a directive Article 6 – paragraph 4 – point a (a) reserved activities
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
Amendment 86 #
Proposal for a directive Article 7 – paragraph 1 Member States shall, by appropriate means, make inform
Amendment 87 #
Proposal for a directive Article 8 – title Exchange of information between
Amendment 88 #
Proposal for a directive Article 8 – paragraph 2 Amendment 89 #
Proposal for a directive Article 8 – paragraph 2 2. Member States shall inform the Commission of the
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
Amendment 91 #
Proposal for a directive Article 9 – paragraph 2 2. Member States
Amendment 92 #
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
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,
Amendment 101 #
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
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 #
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 #
Proposal for a directive Article 6 – paragraph 2 – point h 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 #
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
Amendment 109 #
Proposal for a directive Article 6 – paragraph 2 – point j (j) the possibility to use less restrictive means to achieve the public interest objective
Amendment 11 #
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.
Amendment 110 #
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 #
Proposal for a directive Article 6 – paragraph 3 Amendment 112 #
Proposal for a directive Article 6 – paragraph 3 3. For the purposes of paragraph 2(j),
Amendment 113 #
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 #
Proposal for a directive Article 7 – paragraph 1 Member States shall, by appropriate means
Amendment 115 #
Proposal for a directive Article 7 – paragraph 1 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 #
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 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.
Amendment 119 #
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,
Amendment 121 #
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
Amendment 123 #
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 #
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
Amendment 14 #
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
Amendment 15 #
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
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
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) (7 a) The right to determine the level of protection that Member States wish to provide to public health as well as the means and methods to reach that level lies solely with the Member States.This has been recognised by the Court of Justice as well as the Union legislators.Furthermore, they have also held that health and life of humans come before any other interest protected by the TFEU.Hence, health professions should be excluded from the scope of this Directive.That exclusion should cover professions embracing activities related to the provision of healthcare services.Furthermore, that exclusion would also cover pharmaceutical services and the prescription, dispensation and provision of medicinal products and medical devices to patients to assess, maintain or restore their state of health.
Amendment 19 #
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 #
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
Amendment 22 #
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.
Amendment 23 #
Proposal for a directive Recital 9 (9)
Amendment 24 #
Proposal for a directive Recital 10 (10)
Amendment 25 #
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
Amendment 26 #
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 #
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
Amendment 28 #
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 #
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.
Amendment 30 #
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
Amendment 32 #
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
Amendment 33 #
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 #
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
Amendment 39 #
Proposal for a directive Recital 14 (14) To meet the requirement of proportionality, the national measure should be suitable for secur
Amendment 4 #
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 #
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 #
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 #
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 (15) Requirements linked to professional qualifications should be considered as necessary only where existing measures, such as consumer protection law, cannot be regarded as being suitable or genuinely effective to achieve the public interest aim pursued.
Amendment 44 #
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 #
Proposal for a directive Recital 16 (16) Among the elements
Amendment 47 #
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 #
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
Amendment 5 #
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
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.
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 #
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 #
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
Amendment 59 #
Proposal for a directive Recital 24 (24) Since the objectives of this Directive, namely t
Amendment 6 #
Proposal for a directive Recital 2 (2) In
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
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 #
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 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
Amendment 65 #
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 or broadening access to or pursuit of regulated professions, or amending existing ones, with a view to ensuring the proper functioning of the internal market.
Amendment 66 #
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 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, without prejudice to paragraph 1a.
Amendment 68 #
Proposal for a directive Article 2 – paragraph 1 1. This Directive shall apply to
Amendment 69 #
Proposal for a directive Article 2 – paragraph 1 1. This Directive shall apply to
Amendment 7 #
Proposal for a directive Recital 2 (2) I
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 #
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 #
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 #
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 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, including in particular any possible impact on health and safety.
Amendment 76 #
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.
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 whethe
Amendment 78 #
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.
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 #
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
Amendment 80 #
Proposal for a directive Article 4 – paragraph 2 2. Any provision referred to in paragraph 1 shall be accompanied by a
Amendment 81 #
Proposal for a directive Article 4 – paragraph 3 3. The reasons for considering that a provision is justified, necessary
Amendment 82 #
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
Amendment 84 #
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
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 #
Proposal for a directive Article 4 – paragraph 5 5. Member States shall take the necessary measures to ensure that the
Amendment 87 #
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 #
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. I
Amendment 90 #
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 93 #
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 public interest objective pursued and do not go beyond what is necessary to attain that objective.
Amendment 94 #
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,
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 #
Proposal for a directive Article 6 – paragraph 2 – introductory part 2. When assessing the necessity and the proportionality of the provisions, the
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
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,
source: 608.058
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