11 Amendments of Luděk NIEDERMAYER related to 2016/0404(COD)
Amendment 64 #
Proposal for a directive
Recital 7
Recital 7
(7) The activities covered by this Directive should concern the regulated professions falling within the scope of Directive 2005/36/EC. This Directive should apply in addition to Directive 2005/36/EC and without prejudice to other provisions laid down in a separate Union act concerning access to, and the exercise of a given regulated profession. While professional activities in the healthcare services sector are covered by the assessment referred to in Article 59 of Directive 2005/36/EC and thus are within the scope of this Directive, the Directive respects Member States' competence to regulate professions in the field of public health based on Article 168(7) TFEU as well as their margin of appreciation to guarantee a high level of health care and patient safety, within the limits of proportionality.
Amendment 96 #
Proposal for a directive
Recital 11
Recital 11
(11) Member States should carry out proportionality assessments in an objective and independent manner, including where a profession is regulated indirectly, by giving a particular professional body the power to do so. In particular, while the assessment of the local authorities,cases where regulatory bodies or profesvisional organisations, whose greater proximity to local conditions and specialised knowledge could in certain cases make them better placed to identify ts restricting the access to or pursuit of the regulated profession are established best way of meeting the public interest objectivey professional bodies such as orders or chambers, there is a particular reason for concern in cases where the policy choice made by those authorities or bodies provides benefits togiven the proximity of such bodies to local conditions and a risk that policy choices made might favour established operators at the expense of new market entrants.
Amendment 125 #
Proposal for a directive
Recital 18
Recital 18
(18) The economic impact of the measure, including a cost-benefit analysis with particular regard to the degree of competition in the market and the quality of the service provided, as well as the impact on the right to work and on the free movement of persons and services within the Union should be duly taken into account by the competent authorities. Based on this analysis, Member States should ascertain, in particular, whether the extent of the restriction of access to or pursuit of regulated professions within the Union is proportionate to the importance of the objectives pursued and the expected gains. With regard to protection of public health, the Member States should be able to decide on the degree of importance of economic considerations in relation to other relevant proportionality criteria.
Amendment 132 #
Proposal for a directive
Recital 19
Recital 19
(19) Member States should carry out a comparison between the national measure at issue and the alternative and less restrictive solutions that would allow the same objective to be attained but would impose fewer restrictions. Where the measures are justified by consumer protection and where the risks identified are limited to the relationship between the professional and the consumer without negatively affecting third parties, the objective could be attained by less restrictive means than reserving activities to professionals, such as protection of the professional title or enrolment on a professional register. Regulation by way of reserved activities should be used only in cases where the measures aim at preventing a risk of serious harm to public interest objectives. This Directive should apply to requirements concerning compulsory chamber membership, in particular where those requirements imply additional cost or administrative procedures.
Amendment 168 #
Proposal for a directive
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
1 a. Within the limits of proportionality, Member States shall enjoy a margin of discretion to decide whether and how to regulate professions.
Amendment 178 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that before introducing new legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, or amending existing ones, the relevant competent authorities undertake an assessment of their proportionality in accordance with the rules laid down in this Directive. This shall not apply to editorial amendments or technical adaptations to content of training courses which do not restrict access to or pursuit of regulated professions.
Amendment 223 #
Proposal for a directive
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1 a. The assessment shall be proportionate to the nature, the content and the impact of the provision being introduced or amended, taking into account the specificities of the profession concerned and the regulation already in place.
Amendment 229 #
Proposal for a directive
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. When assessing the necessity and the proportionality of the provisions, the relevant competent authoritiproportionality, the Member States shall consider in particular and in any event:
Amendment 239 #
Proposal for a directive
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
(b) the suitability of the provision namely as regards its appropriateness to attain the objective pursued and whether it genuinelythe provision reflects thate objective pursued in a consistent and systematic manner and thus, addresses the risks identified in a similar way as in comparable activities;
Amendment 273 #
Proposal for a directive
Article 6 – paragraph 2 – point i
Article 6 – paragraph 2 – point i
(i) the economic impact of the measure, with particular regard to the degree of competition in the market and, the quality of the service provided, consumer choice, employment opportunities, as well as the impact on the free movement of persons and services within the Union; the importance of this criterion may depend upon the public interest objectives being pursued;
Amendment 278 #
Proposal for a directive
Article 6 – paragraph 2 – point j
Article 6 – paragraph 2 – point j
(j) the possibility to use less restrictive means to achieve the public interest objective; where the measures are justified by consumer protection and where the risks identified are limited to the relationship between the professional and the consumer without negatively affecting third parties, the relevant competent authorities shall assess in particular whether the objective can be attained by protected professional title without reserving activities.