Progress: Procedure completed
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | IMCO | DANTI Nicola ( S&D) | SCHWAB Andreas ( PPE), SULÍK Richard ( ECR), SELIMOVIC Jasenko ( ALDE), ZULLO Marco ( EFDD), TROSZCZYNSKI Mylène ( ENF) |
Committee Opinion | EMPL |
Lead committee dossier:
Legal Basis:
RoP 54
Legal Basis:
RoP 54Events
The European Parliament adopted by 490 votes to 54, with 38 abstentions, a resolution on the implementation of Directive 2005/36/EC on the implementation of Directive 2005/36/EC as regards regulation and the need for reform in professional services.
Background : Directive 2005/36/EC of the European Parliament and of the Council on the recognition of professional qualifications provides for automatic recognition for a number of professions on the basis of harmonised minimum training requirements, a general system for the recognition of professional qualifications, an automatic recognition system for professional experience, and a new system of cross border provision of services in the context of regulated professions.
In 2013, Directive 2013/55/EU, amending Directive 2005/36/EC introduced in its Article 59 a transparency and mutual evaluation exercise for all regulated professions in the Member States, whether they are regulated on the basis of national rules or on the basis of rules harmonised at EU level.
According to Article 59 of Directive 2005/36/EC the Commission was expected to present by 18 January 2017 its conclusions on the mutual evaluation exercise, together with proposals for further initiatives where necessary.
On 10 January 2017, the Commission presented a communication on reform needs in professional services, analysing professional regulation in seven sectors of activity and addressing recommendations to Member States in this regard.
Review of the implementation of Article 59 of Directive 2005/36/EC : there are more than 5 500 regulated professions across the EU, representing 22% of the workforce in all sectors.
Parliament stressed that regulated professions play a fundamental role in the EU economy, making a major contribution to the employment rate, as well as to labour mobility and added value in the Union. It stressed the paramount importance of high-quality professional services and an effective regulatory environment in preserving the EU economic, social and cultural model and in safeguarding legitimate public interest objectives .
Members stressed in particular the need to improve the transparency and comparability of the national requirements governing access to or pursuit of regulated professions could enable greater professional mobility. Also, all national requirements should be made available to the public in the Regulated Professions Database in a clear and intelligible manner.
The Commission is invited to:
improve the database for regulated professions; improve the comparability of different professions; define a common set of activities for each profession notified in the database, with a view to facilitating voluntary harmonisation across the EU.
Member States are invited to:
fully implement Article 59 of Directive 2005/36/EC and to step up their efforts to guarantee more transparency of their professional regulations; involve all stakeholders in the future , not only with a view to preparing national action plans, but also in advance of the reform of the regulation of the professions, to allow them to express their opinions; adapt their regulation of professions in line with the specific reform recommendations contained in the Commission Communication of 10 January 2017.
The Commission, as guardian of the Treaties, should take measures and initiate infringement procedures where it identifies discriminatory, unjustified or disproportionate legislation.
Restrictiveness indicator : the Commission has issued a new indicator on the restrictiveness of professional regulation. The resolution analysed the usefulness of this indicator and the need to promote high quality services in Europe. It emphasised that this indicator should be used as a purely indicative tool , and not as one permitting the drawing of conclusions as to whether what may be stricter regulation in some Member States is disproportionate.
In addition, Members recalled that the overall analysis of the impact of the regulations in Member States should be subject not only to a quantitative but also to a qualitative assessment encompassing the general interest objectives and the quality of the service provided, including the possible indirect benefits for citizens and the labour market.
Future of regulated professions : Parliament stressed the need for an effective regulatory framework in the Union and the Member States, but also for effective and coordinated policies aimed at supporting professionals in the EU and strengthening competitiveness, innovation capacity and the quality of professional services in the EU. Members States shall undertake proper market analysis with a view to developing policies for making EU professional services globally competitive in future decades.
Members also stressed the importance of education, skills development and entrepreneurial training so that European professionals may remain competitive and be able to cope with the changes affecting the liberal professions as a result of innovation, digitalisation and globalisation .
In this respect, they welcomed the Commission’s acknowledgement of the need to reflect on the impact of new technologies in the field of professional services, particularly in the legal and accounting sectors where procedures could be improved.
The Commission is called on to continue to keep Parliament regularly informed on the state of play regarding compliance with Directive 2005/36/EC by the Member States.
The Committee on the Internal Market and Consumer Protection adopted an own-initiative report by Nicola DANTI (S&D, IT) on the implementation of Directive 2005/36/EC on the implementation of Directive 2005/36/EC as regards regulation and the need for reform in professional services.
Background : Directive 2005/36/EC of the European Parliament and of the Council on the recognition of professional qualifications provides for automatic recognition for a number of professions on the basis of harmonised minimum training requirements, a general system for the recognition of professional qualifications, an automatic recognition system for professional experience, and a new system of cross border provision of services in the context of regulated professions.
In 2013, Directive 2013/55/EU, amending Directive 2005/36/EC introduced in its Article 59 a transparency and mutual evaluation exercise for all regulated professions in the Member States, whether they are regulated on the basis of national rules or on the basis of rules harmonised at EU level.
According to Article 59 of Directive 2005/36/EC the Commission was expected to present by 18 January 2017 its conclusions on the mutual evaluation exercise, together with proposals for further initiatives where necessary.
On 10 January 2017, the Commission presented a communication on reform needs in professional services, analysing professional regulation in seven sectors of activity and addressing recommendations to Member States in this regard.
Review of the implementation of Article 59 of Directive 2005/36/EC : Members stressed the fundamental role of regulated professions in the Union economy. There are more than 5 500 regulated professions across the EU, representing 22% of the workforce in all sectors. Members also stated that the quality of professional services is essential to preserve the European economic, social and cultural model.
As part of an overall assessment of the European Commission's communication, the report identified key aspects of the implementation of Article 59 of Directive 2005/36/EC and recalled the importance of professional regulations in safeguarding legitimate public interest objectives .
Members stressed in particular the need to improve the transparency and comparability of the national requirements governing access to or pursuit of regulated professions could enable greater professional mobility. Also, all national requirements should be made available to the public in the Regulated Professions Database in a clear and intelligible manner.
The Commission is invited to:
improve the database for regulated professions; improve the comparability of different professions; define a common set of activities for each profession notified in the database, with a view to facilitating voluntary harmonisation across the EU.
Member States are invited to:
fully implement Article 59 of Directive 2005/36/EC and to step up their efforts to guarantee more transparency of their professional regulations; involve all stakeholders in the future , not only with a view to preparing national action plans, but also in advance of the reform of the regulation of the professions, to allow them to express their opinions; adapt their regulation of professions in line with the specific reform recommendations contained in the Commission Communication of 10 January 2017.
The Commission, as guardian of the Treaties, should take measures and initiate infringement procedures where it identifies discriminatory, unjustified or disproportionate legislation.
Restrictiveness indicator : the Commission has issued a new indicator on the restrictiveness of professional regulation. The report analysed the usefulness of this indicator and the need to promote high quality services in Europe. It emphasised that this indicator should be used as a purely indicative tool , and not as one permitting the drawing of conclusions as to whether what may be stricter regulation in some Member States is disproportionate.
In addition, Members recalled that the overall analysis of the impact of the regulations in Member States should be subject not only to a quantitative but also to a qualitative assessment encompassing the general interest objectives and the quality of the service provided , including the possible indirect benefits for citizens and the labour market.
Future of regulated professions : the report stressed the need for an effective regulatory framework in the Union and the Member States, but also for effective and coordinated policies aimed at supporting professionals in the EU and strengthening competitiveness, innovation capacity and the quality of professional services in the EU.
Members also stressed the importance of education, skills development and entrepreneurial training so that European professionals may remain competitive and be able to cope with the changes affecting the liberal professions as a result of innovation, digitalisation and globalisation .
In this respect, they welcomed the Commission’s acknowledgement of the need to reflect on the impact of new technologies in the field of professional services, particularly in the legal and accounting sectors where procedures could be improved.
Documents
- Commission response to text adopted in plenary: SP(2018)139
- Results of vote in Parliament: Results of vote in Parliament
- Debate in Parliament: Debate in Parliament
- Decision by Parliament: T8-0019/2018
- Committee report tabled for plenary: A8-0401/2017
- Amendments tabled in committee: PE610.720
- Committee draft report: PE607.891
- Committee draft report: PE607.891
- Amendments tabled in committee: PE610.720
- Commission response to text adopted in plenary: SP(2018)139
Activities
- Doru-Claudian FRUNZULICĂ
- Diane JAMES
- Jiří MAŠTÁLKA
- Richard SULÍK
- Mylène TROSZCZYNSKI
- Lucy ANDERSON
- Daniel DALTON
Plenary Speeches (1)
- Georgios EPITIDEIOS
Plenary Speeches (1)
- Lidia Joanna GERINGER DE OEDENBERG
Plenary Speeches (1)
- Liisa JAAKONSAARI
Plenary Speeches (1)
- Danuta JAZŁOWIECKA
Plenary Speeches (1)
- Karin KADENBACH
Plenary Speeches (1)
- Paloma LÓPEZ BERMEJO
Plenary Speeches (1)
- Monica MACOVEI
- Andrejs MAMIKINS
- Sofia RIBEIRO
Plenary Speeches (1)
- Virginie ROZIÈRE
Plenary Speeches (1)
- Olga SEHNALOVÁ
Plenary Speeches (1)
- Jasenko SELIMOVIC
Plenary Speeches (1)
- Catherine STIHLER
Plenary Speeches (1)
- Adam SZEJNFELD
Plenary Speeches (1)
- Ulrike TREBESIUS
Plenary Speeches (1)
- Jarosław WAŁĘSA
Plenary Speeches (1)
- Anna ZÁBORSKÁ
Votes
A8-0401/2017 - Nicola Danti - Résolution 18/01/2018 12:16:17.000 #
DE | PL | IT | ES | RO | FR | GB | BG | BE | PT | NL | HU | SK | CZ | SE | LT | FI | HR | DK | LV | AT | SI | MT | LU | EE | IE | CY | EL | ||
---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Total |
68
|
44
|
50
|
42
|
23
|
60
|
57
|
15
|
15
|
18
|
24
|
14
|
13
|
16
|
16
|
10
|
10
|
10
|
8
|
7
|
15
|
7
|
6
|
5
|
5
|
8
|
2
|
12
|
|
PPE |
171
|
Germany PPEFor (28)Albert DESS, Andreas SCHWAB, Axel VOSS, Birgit COLLIN-LANGEN, Christian EHLER, Daniel CASPARY, David MCALLISTER, Dennis RADTKE, Dieter-Lebrecht KOCH, Elmar BROK, Hermann WINKLER, Ingeborg GRÄSSLE, Jens GIESEKE, Joachim ZELLER, Manfred WEBER, Markus FERBER, Markus PIEPER, Michael GAHLER, Monika HOHLMEIER, Norbert LINS, Peter JAHR, Rainer WIELAND, Renate SOMMER, Sabine VERHEYEN, Sven SCHULZE, Thomas MANN, Werner KUHN, Werner LANGEN
|
Poland PPEFor (20)Adam SZEJNFELD, Agnieszka KOZŁOWSKA, Andrzej GRZYB, Barbara KUDRYCKA, Bogdan Andrzej ZDROJEWSKI, Bogdan Brunon WENTA, Czesław Adam SIEKIERSKI, Danuta JAZŁOWIECKA, Danuta Maria HÜBNER, Dariusz ROSATI, Elżbieta Katarzyna ŁUKACIJEWSKA, Jan OLBRYCHT, Janusz LEWANDOWSKI, Jarosław WAŁĘSA, Jerzy BUZEK, Julia PITERA, Krzysztof HETMAN, Michał BONI, Róża THUN UND HOHENSTEIN, Tadeusz ZWIEFKA
|
Italy PPEFor (8) |
11
|
Romania PPEFor (11) |
France PPEFor (17) |
Bulgaria PPEFor (6) |
3
|
Portugal PPEFor (7) |
4
|
Hungary PPEFor (9) |
Slovakia PPE |
Czechia PPEFor (6) |
3
|
3
|
3
|
4
|
3
|
4
|
4
|
3
|
3
|
1
|
2
|
1
|
1
|
||
S&D |
145
|
15
|
Poland S&D |
Italy S&DFor (24)Alessia Maria MOSCA, Andrea COZZOLINO, Brando BENIFEI, Caterina CHINNICI, Cécile Kashetu KYENGE, Damiano ZOFFOLI, Daniele VIOTTI, David Maria SASSOLI, Elena GENTILE, Elly SCHLEIN, Flavio ZANONATO, Goffredo Maria BETTINI, Isabella DE MONTE, Luigi MORGANO, Mercedes BRESSO, Michela GIUFFRIDA, Nicola CAPUTO, Nicola DANTI, Paolo DE CASTRO, Pier Antonio PANZERI, Pina PICIERNO, Renata BRIANO, Roberto GUALTIERI, Simona BONAFÈ
|
Romania S&DFor (7) |
United Kingdom S&DFor (18) |
4
|
2
|
Portugal S&DFor (7) |
3
|
3
|
4
|
2
|
5
|
2
|
2
|
2
|
3
|
1
|
4
|
1
|
3
|
1
|
1
|
1
|
3
|
|||
ECR |
55
|
5
|
Poland ECRFor (16) |
1
|
United Kingdom ECRFor (15) |
1
|
3
|
2
|
3
|
2
|
1
|
2
|
1
|
2
|
1
|
||||||||||||||
ALDE |
53
|
2
|
3
|
4
|
1
|
4
|
5
|
1
|
Netherlands ALDEFor (7) |
3
|
2
|
2
|
2
|
2
|
2
|
1
|
1
|
1
|
1
|
2
|
1
|
||||||||
Verts/ALE |
40
|
Germany Verts/ALEFor (10) |
1
|
4
|
3
|
4
|
2
|
2
|
1
|
3
|
1
|
1
|
1
|
1
|
1
|
2
|
1
|
1
|
1
|
||||||||||
GUE/NGL |
38
|
Germany GUE/NGLFor (1)Abstain (4) |
2
|
France GUE/NGLAbstain (4) |
1
|
3
|
2
|
2
|
1
|
4
|
3
|
||||||||||||||||||
NI |
15
|
2
|
2
|
2
|
3
|
1
|
Greece NIAgainst (5) |
||||||||||||||||||||||
EFDD |
37
|
1
|
1
|
13
|
4
|
United Kingdom EFDDAgainst (14) |
1
|
2
|
1
|
||||||||||||||||||||
ENF |
26
|
1
|
2
|
1
|
1
|
4
|
4
|
Amendments | Dossier |
117 |
2017/2073(INI)
2017/09/20
IMCO
117 amendments...
Amendment 1 #
Motion for a resolution Recital A Amendment 10 #
Motion for a resolution Recital D D. whereas Directive 2005/36/EC was amended in 2013, with the objective to achieve a proportionate regulatory framework, justified by general interests objectives, introducing in Article 59 a transparency and mutual evaluation exercise for all regulated professions in the Member States, whether they are regulated on the basis of national rules or on the basis of rules harmonised at EU level;
Amendment 100 #
Motion for a resolution Paragraph 16 a (new) 16a. Notes that the restrictiveness indicator only takes into account quantitative data and not qualitative data; states that the restrictiveness indicator can therefore only be seen as an indicative tool and does not permit to draw conclusions on the overall regulatory intensity in the Member States;
Amendment 101 #
Motion for a resolution Paragraph 17 17. Recalls that the analysis of the impact of the regulations in Member States should be subject not only to a quantitative but also to a qualitative assessment encompassing the general interest objectives and the quality of the service provided
Amendment 102 #
Motion for a resolution Paragraph 17 17. Recalls that the analysis of the impact of the regulations in Member States should be subject not only to a quantitative but also to a qualitative assessment; e
Amendment 103 #
Motion for a resolution Paragraph 17 17. Recalls that the overall analysis of the impact of the regulations in Member States should be subject not only to a quantitative but also to a qualitative assessment encompassing the general interest objectives and the quality of the service provided;
Amendment 104 #
Motion for a resolution Paragraph 17 a (new) 17a. Besides an effective regulatory framework in the EU and in the Member States, highlights the need for effective and coordinated policies to support professionals in the EU and to strengthen the competitiveness, the innovation capacity and the quality of professional services in the EU;
Amendment 105 #
Motion for a resolution Paragraph 17 a (new) 17a. Urges Member States to carefully re-assess and, where necessary, adapt their regulation in line with the specific reform recommendations on selected professional sectors with the ultimate aim of creating a better regulatory environment that is proportionate;
Amendment 106 #
Motion for a resolution Paragraph 17 b (new) 17b. Stresses the need to consider the professionals from both an entrepreneurial perspective and a professional point of view strictu sensu; in this light, is convinced that economic tools should be combined with policies aiming at strengthening the human capital in the professional services;
Amendment 107 #
Motion for a resolution Paragraph 17 c (new) 17c. Highlights the importance of education, skills development and entrepreneurial training to ensure that professionals in the EU remain competitive and able to face the transformational changes that affect the liberal professions as a consequence of innovation, digitalization and globalization; stresses the close connection between the knowledge of a professional and the quality of service provided; notes the important role that should be played by higher education and research institutions in this regard;
Amendment 108 #
Motion for a resolution Paragraph 17 d (new) 17d. Calls on the Member States to properly analyse the needs of the market for professional services in future decades and to develop policies making EU professional services globally competitive;
Amendment 109 #
Motion for a resolution Paragraph 18 18. Notes that scientific progress, technological innovation and digitalisation have a considerable impact on professional services, bringing new opportunities for professionals
Amendment 11 #
Motion for a resolution Recital D a (new) Da. whereas the mutual evaluation exercise revealed that the level of regulation of professions varies significantly between Member States, and therefore warrants further clarification as to why the level of state intervention is particularly high in some countries;
Amendment 110 #
Motion for a resolution Paragraph 18 18. Notes that scientific progress,
Amendment 111 #
Motion for a resolution Paragraph 19 19. Welcomes the acknowledgement by the Commission of the need to reflect on the impact of new technologies on professional services, especially in the legal and accounting sectors, where red tape could be reduced and procedures accelerated; notes in particular that close attention needs to be paid to the consequent risks of such a transformational change for service recipients, including consumers,
Amendment 112 #
Motion for a resolution Paragraph 19 19. Welcomes the acknowledgement by the Commission of the need to reflect on the impact of new technologies on professional services, especially in the
Amendment 113 #
Motion for a resolution Paragraph 19 19. Welcomes the acknowledgement by the Commission of the need to reflect on the
Amendment 114 #
Motion for a resolution Paragraph 19 a (new) 19a. Stresses that new technologies will be unlikely to replace human beings in making ethical and moral decisions; points out, in this regard, that rules on the organization of professions, including rules on supervision by public bodies or professional associations could play an important role and help to share equitably the benefits of digitalisation;
Amendment 115 #
Motion for a resolution Paragraph 19 a (new) 19a. Notes that in certain areas market driven mechanisms like consumer feedback can deliver better services at lower prices for the consumers than the regulation of the particular service; points out that technological development makes some regulations obsolete and possibly disproportional;
Amendment 116 #
Motion for a resolution Paragraph 19 a (new) 19a. Stresses that, for regulation to be fit for purpose, it has to be reviewed regularly in order to take account of technical innovation and digitalisation in professional services; underlines that such changes may render established rules as obsolete or unjustified;
Amendment 117 #
Motion for a resolution Paragraph 19 b (new) 19b. Calls on the Commission to continue keeping the Parliament regularly informed on the state of play in relation of the compliance with the Directive by the Member States;
Amendment 12 #
Motion for a resolution Recital D a (new) Da. whereas several Member States recently implemented or announced the intention to implement protectionist measures reducing the free movement of labour on the Single Market, particularly concerning the regulated professions in the transport sector;
Amendment 13 #
Da. whereas Member States were required to submit national action plans (NAPs) to the Commission by 18 January 2016 with information on decisions on maintaining or amending professional regulations; whereas there are still 6 Member States that have not submitted their NAPs;
Amendment 14 #
Motion for a resolution Recital D a (new) Da. Whereas not all the provisions of the Directive, and in particular Article 59, have been fully implemented yet by the Member States even after the passing of the deadline;
Amendment 15 #
Motion for a resolution Recital D b (new) Db. whereas both the guidance on reform recommendations and the proportionality test aim to guarantee proportionate regulation and are to be considered as complementary: while the test is a measure to be used before Member States adopt new legislation or modify the rules already in place, the guidance encourages them to adapt the existing regulatory framework for specific professions;
Amendment 16 #
Motion for a resolution Recital F a (new) Fa. Whereas professional mobility combined with a high level of protection of public interest objectives can significantly contribute to sustainable economic growth in the EU;
Amendment 17 #
Motion for a resolution Paragraph 1 1. Stresses that r
Amendment 18 #
Motion for a resolution Paragraph 1 1. Stresses that regulated professions play a fundamental role in the EU economy,
Amendment 19 #
Motion for a resolution Paragraph 1 1. Stresses that regulated professions play a fundamental role in the EU economy, representing a significant part of the occupation rate as well as an important share of the added value in the Union; believes, furthermore, that the quality of professional services is of paramount importance for preserving the EU
Amendment 2 #
Motion for a resolution Recital A a (new) Aa. whereas services account for 71% of the GDP and 68% of total employment, the full potential of the Single Market in services still remains unfulfilled;
Amendment 20 #
Motion for a resolution Paragraph 1 1. Stresses that regulated professions play a fundamental role in the EU economy, representing a significant part of the occupation rate as well as an important share of the added value in the Union; believes, furthermore, that the quality of professional services is of paramount importance for preserving the EU economic, social and cultural model and for labour mobility;
Amendment 21 #
Motion for a resolution Paragraph 1 1. Stresses that regulated professions
Amendment 22 #
Motion for a resolution Paragraph 1 1. Stresses that regulated professions play a fundamental role in the EU economy, representing a significant part of the occupation rate as well as an important share of the added value in the Union; believes, furthermore, that the quality of professional services is of paramount importance for preserving the EU’s economic
Amendment 23 #
Motion for a resolution Paragraph 1 a (new) 1a. believes, therefore that improving the regulatory environment by eliminating the disproportionate regulatory barriers will help to realise the largely untapped potential in the development of professional services;
Amendment 24 #
1a. Recalls that there are over 5,500 regulated professions across the EU, which corresponds to an average of 200 regulated professions per Member State, but with large variations between countries;
Amendment 25 #
Motion for a resolution Paragraph 2 2. Welcomes the Commission initiative providing guidance for Member States in the context of the mutual evaluation exercise, including the organisation of in-depth discussions with national authorities;
Amendment 26 #
Motion for a resolution Paragraph 2 2. Welcomes the Commission initiative providing guidance for Member States in the context of the mutual evaluation exercise, including the organisation of in-depth discussions with
Amendment 27 #
Motion for a resolution Paragraph 2 2. Welcomes the Commission initiative providing guidance for Member States in the context of the mutual evaluation exercise, including the organisation of in-depth discussions with national authorities and the national professional associations concerned;
Amendment 28 #
Motion for a resolution Paragraph 2 a (new) 2a. Stresses that the major task of the Single Market is the elimination of internal barriers to guarantee the exercise of the four fundamental freedoms of EU citizens; stresses that the Commission as the guardian of the Treaties should enforce the Single Market rules and guide the Member States to comply with the fundamental freedoms including the free movement of the labour;
Amendment 29 #
Motion for a resolution Paragraph 2 a (new) 2a. Believes that it will help Member States to exchange on best practices and better understand their regulatory choices taking into consideration the fact that some Member States foresee a higher level of state intervention in regulated professions than others;
Amendment 3 #
Motion for a resolution Recital B B. whereas in the absence of harmonisation,
Amendment 30 #
Motion for a resolution Paragraph 2 a (new) 2a. Points out that the guidance should take account of the need to reduce bureaucracy and open the professions to new service providers;
Amendment 31 #
Motion for a resolution Paragraph 3 Amendment 32 #
Motion for a resolution Paragraph 3 3. Believes that the Commission communication of 10
Amendment 33 #
Motion for a resolution Paragraph 3 a (new) 3a. Stresses that the healthcare sector which covers 40% of all the regulated professions in the Single Market also falls within the scope of Directive 2005/36/EC; therefore calls for a Commission initiative providing guidance to the Member States for the healthcare sector similarly to the 10 January 2017 Commission communication on reform needs in seven sectors;
Amendment 34 #
Motion for a resolution Paragraph 4 Amendment 35 #
Motion for a resolution Paragraph 4 4. Notes that Member States have faced significant challenges in notifying information about the professions they regulate and the requirements for accessing those professions, which have led to an increase in red tape;
Amendment 36 #
Motion for a resolution Paragraph 4 4. Notes that Member States have faced significant challenges in notifying information about the professions they regulate and the requirements for accessing those professions; calls on Member States and the Commission to significantly improve notification procedures;
Amendment 37 #
Motion for a resolution Paragraph 4 a (new) 4a. Deplores the fact that a number of Member States have failed to fully notify the information about the professions they regulate and the requirements for accessing those professions;
Amendment 38 #
Motion for a resolution Paragraph 5 Amendment 39 #
Motion for a resolution Paragraph 5 5. Underlines that improving transparency and comparability of the national requirements on the access to or pursuit of regulated professions
Amendment 4 #
Motion for a resolution Recital B B. whereas in the absence of harmonisation
Amendment 40 #
Motion for a resolution Paragraph 5 5. Underlines that reducing financial and bureaucratic burdens and improving transparency and comparability of the national requirements on the access to or pursuit of regulated professions is key to ensuring safe mobility and that consequently, in line with Directive 2005/36/EC, all national requirements should be notified and made publicly available in the database for regulated professions;
Amendment 41 #
Motion for a resolution Paragraph 5 a (new) 5a. Acknowledges the improvements to the database of regulated professions made by the Commission, including the creation of an interactive map, allowing citizens to check the professional access requirements across the EU and to visualise more easily which profession is regulated in a given Member State; calls on the Commission to further improve the database for regulated professions, in order to facilitate timely and accurate notification of the information by competent authorities and thus enhance transparency for EU citizens;
Amendment 42 #
Motion for a resolution Paragraph 5 b (new) 5b. Takes note of the divergences across Member States, as to the number of regulated professions and scope of activities, covered by similar professions, which explains the different ways to regulate professions, chosen by each Member State; considers that even though the ISCO and the NACE classifications constitute useful tools, the EU should develop its own classification, based on the notified activities by the Member States; calls on the Commission to improve the comparability of different professions and to define a common set of activities for each profession notified in the database with a view to facilitate voluntary harmonisation across the EU;
Amendment 43 #
Motion for a resolution Paragraph 6 6.
Amendment 44 #
Motion for a resolution Paragraph 6 6.
Amendment 45 #
Motion for a resolution Paragraph 6 6. Notes that not all Member States have submitted a National Action Plan (NAP) as required by Directive 2005/36/EC and that the levels of depth and detail of the NAPs submitted differ; calls on those Member States that have not submitted their NAP yet to proceed without any due delay, as only with complete information from all Member States, the Commission can present a full picture on regulated professions at the EU level;
Amendment 46 #
Motion for a resolution Paragraph 7 7. Calls on the Member States to
Amendment 47 #
Motion for a resolution Paragraph 7 7. Calls on the Member States to fully implement Article 59 of Directive 2005/36/EC and to step up their efforts to guarantee more transparency of their professional regulations
Amendment 48 #
Motion for a resolution Paragraph 7 7. Calls on the Member States to fully implement Article 59 of Directive 2005/36/EC and to step up their efforts to guarantee more transparency of their professional regulations, which is crucial for the mobility of professionals across the
Amendment 49 #
Motion for a resolution Paragraph 8 8. Acknowledges that some Member States did not consult the relevant stakeholders in an appropriate manner while preparing the NAPs; believes that a transparent flow of information between public institutions and stakeholders is necessary to effectively address issues and challenges affecting professions; calls for a broader involvement of all interested parties in the future;
Amendment 5 #
Motion for a resolution Recital B B. whereas in the absence of harmonisation, it is for the Member States to decide on the regulation of professions, albeit not always in a non-discriminatory, justified and proportionate manner;
Amendment 50 #
Motion for a resolution Paragraph 8 8
Amendment 51 #
Motion for a resolution Paragraph 8 8. Acknowledges that some Member States did not consult the relevant stakeholders in an appropriate manner while preparing the NAPs; calls for a broader involvement of all interested parties in the future, including not only professional associations but also consumer organisations;
Amendment 52 #
Motion for a resolution Paragraph 8 8. Acknowledges that some Member States did not consult the relevant stakeholders in an appropriate manner while preparing the NAPs; calls for a broader involvement of all interested parties in the future and increased transparency in consultation with stakeholders;
Amendment 53 #
Motion for a resolution Paragraph 8 8.
Amendment 54 #
Motion for a resolution Paragraph 8 8.
Amendment 55 #
Motion for a resolution Paragraph 8 a (new) 8a. Calls on the Member States to involve all interested parties and carry out broader public consultations not only in view of preparing NAPs but also before reforming regulation of professions, in order to allow citizens, consumers and professionals to express their views;
Amendment 56 #
Motion for a resolution Paragraph 9 9. Stresses that effective regulation of profession
Amendment 57 #
Motion for a resolution Paragraph 9 9. Stresses that effective regulation of professions contributes to the development of a fair society; recalls that Member States are free to introduce new regulations or to amend existing rules restricting the access to or pursuit of regulated professions where justified by public and/or national interest objectives
Amendment 58 #
Motion for a resolution Paragraph 9 9. Stresses that effective and proportionate regulation of professions contributes to the development of a fair society; recalls that Member States are free to introduce new regulations or to amend existing rules restricting the access to or pursuit of regulated professions where justified by public interest objectives, including overriding reasons of general interest, reflecting thus their vision for society and their socio-economic context, and subject to the limitations of non- discrimination and proportionality as laid down in the Treaty and the interpretative case-law;
Amendment 59 #
Motion for a resolution Paragraph 9 9. Stresses that effective regulation of professions contributes to the development of a fair society; recalls that Member States are free to introduce new regulations or to amend existing rules restricting the access to or pursuit of regulated professions where justified by public interest objectives, including overriding reasons of general interest, reflecting thus their vision for society and their socio-economic context, and within the limits of proportionality;
Amendment 6 #
Motion for a resolution Recital B a (new) Ba. Whereas the EU framework should address disproportionate barriers while fully preserving the protection of public interest objectives, such as consumer protection, thus ensuring high quality of the service provided;
Amendment 60 #
Motion for a resolution Paragraph 9 9. Stresses that
Amendment 61 #
9. Stresses that effective regulation of professions contributes to
Amendment 62 #
Motion for a resolution Paragraph 9 9. Stresses that effective regulation of professions contributes to the development of a fair society; recalls that Member States are free to introduce new regulations or to amend existing rules restricting the access to or pursuit of regulated professions where justified by public interest objectives, including overriding reasons of general interest,
Amendment 63 #
Motion for a resolution Paragraph 9 a (new) 9a. Believes that making regulation on professional services more proportionate and adapted to market reality may result in improved market dynamics, lower prices to consumers and improved performance of sector efficiency;
Amendment 64 #
Motion for a resolution Paragraph 10 10.
Amendment 65 #
Motion for a resolution Paragraph 10 10. At the same time, considers that discriminatory, unjustified and disproportionate requirements can be particularly unfair, especially for young professionals
Amendment 66 #
Motion for a resolution Paragraph 10 10. At the same time, considers that discriminatory, unjustified and disproportionate requirements can be particularly unfair for young professionals, hamper competition and negatively affect service recipients, including consumers, and should be excluded;
Amendment 67 #
Motion for a resolution Paragraph 10 10. At the same time, considers that discriminatory, unjustified and disproportionate requirements can be particularly unfair for young professionals, hamper competition, reduce the quality of services and negatively affect
Amendment 68 #
Motion for a resolution Paragraph 10 10. At the same time, considers that discriminatory, unjustified and disproportionate requirements can be particularly
Amendment 69 #
Motion for a resolution Paragraph 10 a (new) 10a. Welcomes in this respect the Commission proposal on a Proportionality Test which will both oblige and assist Member States to conduct an in-depth assessment before adopting new or amending regulation of professions;
Amendment 7 #
Motion for a resolution Recital B a (new) Ba. whereas over-regulation of professional services and unjustified barriers are detrimental to the Member States' economies and the internal market as a whole;
Amendment 70 #
Motion for a resolution Paragraph 11 Amendment 71 #
Motion for a resolution Paragraph 11 11. Recognises the role of professional regulation in achieving a high level of protection of public and national interest objective
Amendment 72 #
Motion for a resolution Paragraph 11 11. Recognises the role of professional regulation in achieving a high level of protection of public interest objectives,
Amendment 73 #
Motion for a resolution Paragraph 11 11. Recognises the role of professional regulation in achieving a high level of protection of public interest objectives, such as the protection of consumers, recipients of services and workers, the safeguarding of the proper administration of justice, the protection of the environment, and the preservation of national historic and artistic heritage
Amendment 74 #
Motion for a resolution Paragraph 11 11. Recognises the role of professional regulation in achieving a high level of protection of public interest objectives, such as the protection of consumers, recipients of services and workers, the safeguarding of the proper administration of justice, the protection of the environment, and the preservation of national historic and artistic heritage and social, health and cultural policy objectives; acknowledges the margin of appreciation of Member States in determining the ways to achieve this;
Amendment 75 #
Motion for a resolution Paragraph 11 11. Recognises the role of professional regulation in achieving a high level of protection of public interest objectives, such as the protection of consumers, recipients of services and workers, the
Amendment 76 #
Motion for a resolution Paragraph 11 11. Recognises the role of better professional regulation in achieving a high level of protection of public interest objectives, such as the protection of consumers, recipients of services and workers, the safeguarding of the proper administration of justice, the protection of the environment, and the preservation of national historic and artistic heritage and social and cultural policy objectives; acknowledges the margin of appreciation of Member States in determining the ways to achieve this;
Amendment 77 #
Motion for a resolution Paragraph 11 11. Recognises the role of professional regulation in achieving a high level of protection of public interest objectives, such as the protection of consumers, recipients of services and workers, the safeguarding of the proper administration of justice, the protection of the environment, and the preservation of national historic and artistic heritage and social and cultural policy objectives; acknowledges the
Amendment 78 #
Motion for a resolution Paragraph 12 Amendment 79 #
Motion for a resolution Paragraph 12 12. Notes that profession-specific regulations pursuing objectives in the public interest
Amendment 8 #
Motion for a resolution Recital B a (new) Ba. whereas smart regulation can have positive effects on the European market and deregulation should therefore not be the overall aim;
Amendment 80 #
Motion for a resolution Paragraph 12 a (new) 12a. Notes that some professional regulations retain reserves of activities given the risk that failure to regulate would entail for the safety of consumers and third parties. Accordingly, the existence of these reserves is based on criteria relating to the protection of the general interest rather than to merely commercial criteria;
Amendment 81 #
Motion for a resolution Paragraph 13 Amendment 82 #
Motion for a resolution Paragraph 13 13. Points out that better comparability of the level of professional qualifications is needed in order to increase the homogeneity of the evidence of formal qualifications across the European Union and to create a level playing field for young Europeans entering the professions, as well as promote their mobility across the EU;
Amendment 83 #
Motion for a resolution Paragraph 13 13. Points out that better comparability of the level of professional qualifications is needed in order to increase the homogeneity of the evidence of formal qualifications across the European Union and to create
Amendment 84 #
Motion for a resolution Paragraph 13 13. Points out that better comparability of the level of professional qualifications is needed in order to increase the homogeneity of the evidence of formal qualifications across the European Union and to create a more level playing field for young Europeans entering the professions,
Amendment 85 #
Motion for a resolution Paragraph 14 Amendment 86 #
Motion for a resolution Paragraph 14 a (new) 14a. Points out that the Panama Papers and other recent scandals have revealed the role of European enablers and intermediaries, including lawyers, accountants, wealth managers and other professionals, in setting up offshore structures facilitating tax avoidance and evasion and money laundering; underlines the necessity to better regulate these actors at European and national level in order to effectively tackle these phenomena;
Amendment 87 #
Motion for a resolution Paragraph 14 a (new) 14a. Welcomes the concrete reform recommendations developed on the basis of the new restrictiveness indicator in combination with a qualitative assessment and which support the Commission’s analysis and country-specific recommendations under the European Semester; calls on the Commission to closely monitor the implementation of the reform recommendations and, where appropriate, take enforcement action and propose further measures;
Amendment 88 #
Motion for a resolution Paragraph 14 a (new) 14a. States that reform recommendations cannot replace enforcement action by the Commission and calls on the Commission to make use of instruments such as infringement procedures for enforcement;
Amendment 89 #
Motion for a resolution Paragraph 14 a (new) 14a. Encourages, however, Member States to make full use of the restrictiveness indicator in order to compare Member States’ performance in the seven groups of professions selected and to significantly reduce the accumulated burden of multiple requirements as regards to those professions;
Amendment 9 #
Motion for a resolution Recital B b (new) Bb. whereas in many cases, regulation of professional services can be justified, for example when it aims at protecting a number of general interest objectives, it nevertheless needs to be adjusted regularly to take into consideration technological, societal or market developments;
Amendment 90 #
Motion for a resolution Paragraph 14 b (new) 14b. Calls for a shift in the regulatory framework for intermediaries and enablers advising on tax matters, including clear regulation, appropriate public supervision, effective sanctions and compulsory codes of conducts at EU level; calls on the European Commission to ensure that actors advising on tax matters are adequately regulated and to propose harmonised rules in this area, creating an EU framework regulating all professionals advising on tax matters;
Amendment 91 #
Motion for a resolution Paragraph 15 15. Takes note of the fact that the Commission has issued a new restrictiveness indicator,
Amendment 92 #
Motion for a resolution Paragraph 15 15.
Amendment 93 #
Motion for a resolution Paragraph 15 15.
Amendment 94 #
Motion for a resolution Paragraph 16 16. Underlines that this indicator, based on numerical data and including merely an analysis of the barriers to free movement,
Amendment 95 #
Motion for a resolution Paragraph 16 16. Underlines that this indicator, based on numerical data and including merely an analysis of the barriers to free movement, is to be used as a
Amendment 96 #
Motion for a resolution Paragraph 16 16. Underlines that this indicator, based on numerical data a
Amendment 97 #
Motion for a resolution Paragraph 16 16. Underlines that this indicator, based on numerical data and including merely an analysis of the barriers to free movement,
Amendment 98 #
Motion for a resolution Paragraph 16 16. Underlines that this indicator, based solely on numerical data and including merely an analysis of the potential barriers to free movement, is to be used as a purely indicative tool and does not determine
Amendment 99 #
Motion for a resolution Paragraph 16 16. Underlines that this indicator, based on numerical data and including
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