11 Amendments of Michaela ŠOJDROVÁ related to 2016/0402(COD)
Amendment 1 #
Proposal for a directive
Recital 12
Recital 12
(12) The main purpose of the European services e-card is to introduce a voluntary, uniform and simplified procedure for service providers wishing to expand provision of services across internal market borders. The e-card represents an electronic certificate stating that a service provider is legally established in a Member State (the home Member State). Host Member States where a service provider is interested in expanding to should furthermore not apply, to holders of an e- card, their prior authorisation or notifications schemes put in place under national law to control access to or exercicse of service activities, which is already the object of control before issue of a European services e-card in the same host Member State. This shall be without prejudice to the possibility of the host Member State to apply such schemes prior to the issuance of the e-card.
Amendment 2 #
Proposal for a directive
Recital 20
Recital 20
(20) In order to concentrate actions and decisions within a Member State and facilitate cooperation between different competent authorities in home and host Member States, a coordinating authority in the home Member State and in the host Member State should ultimately be responsible for handling issues related to the European services e-card, thus coordinating the input from the different competent national authorities and acting as a contact point with its counterparts in other Member States. The application for a European services e-card should thus be submitted to the coordinating authority of the home Member State. Member States may select an authority of their choice to act as the coordinating authority. They can introduce a new authority or designate an existing one, including the authority responsible for the national Point of single contact.
Amendment 3 #
Proposal for a directive
Recital 35
Recital 35
(35) The host Member State should no longer control whether the applicant for a European services e-card is legally established in another Member State. Nor should it put into question the veracity and validity of the data and documents included in an application, once validated by the coordinating authority of the home Member State, unless there are reasonable doubts. In such a case the host Member State can request the home Member State to verify the authenticity and content of documents. The home Member State should re-examine the document and reason its reassessment and suspend where necessary. Conversely, the coordinating authority of the home Member State should not assess whether it issues a European services e-card for temporary cross-border provisions of services based on compliance by the provider of host Member State requirements, rather it should only assess of whether the applicant is legally established in its territory for the provision of the service in question at the time the decision to issue is made.
Amendment 4 #
Proposal for a directive
Recital 40
Recital 40
(40) A European services e-card should allow for provision of services throughout the territory of the host Member State, as long as there are no divergent regulations issued by subsidiary administrative units. If the holder of the e-card later decides to extend his activities to the territory of other subsidiary administrative units, he should be exempt from proving the requirements identical to those of the previously issued e-card. A service provider, once established in a Member State in the form of a branch, agency or office, should not, in principle, need to apply for another e-card in order to expand provision of services already covered by the existing e-card domestically through additional branches, agencies or offices there, as the case may be. However, as Directive 2006/123/EC expressly provides for, authorisations for each individual branch, agency or office may be justified by overriding reasons of public interest. In that case, service providers should continue to have the choice of expanding operations domestically by obtaining those authorisations under national law or applying for additional European services e-cards, for each additional branch, agency of office, as the case may be.
Amendment 5 #
Proposal for a directive
Recital 42
Recital 42
(42) A European services e-card should be valid for an indefinite period in time, without prejudice to, in relation to temporary cross-border services, the effects of case-by-case derogations in accordance with Directive 2006/123/EC24 months and renewed for the same period an indefinite number of times unless the host Member State raises reasoned and objective objections to the renewal or invokes case-by-case derogations in accordance with Directive 2006/123/EC. The renewal process should include a check of the validity of information relating to the service provider.
Amendment 6 #
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Paragraphs 1, 2 and 3 are without prejudice to: i) requirements imposed on providers in the context of selection procedures of candidates for authorisation schemes limited in number in accordance with EU law; ii) requirements and other obligations, prohibitions, conditions or limits imposed on providers in the context of selection procedures of candidates for the provision of services under a public contract, a design contest or a concession; iii) authorisation schemes, notification schemes or requirements concerning conditions specifically related to the site where the service is provided or to the site where the provider is established; iv) requirements regarding recognition of professional qualifications as provided for by Articles 4 and 4f of Directive 2005/36/EC; v) disclosure obligations as provided for by Article 2 of Directive 2009/101/EC and Article 2 of Directive 89/666/EEC or obligations, prohibitions, conditions or limits imposed by national rules on registration of branches of companies registered in another Member State under company law; v a) any requirements regarding measures relating to posted workers in accordance with Article 9 of Directive 2014/67/EU as well as the prior notification system established by the same Directive.
Amendment 7 #
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1
Article 7 – paragraph 2 – subparagraph 1
A European services e-card shall be valid for an indefinite duration, unless suspended, revoked or cancelled, in accordance with24 months, unless suspended, revoked or cancelled, in accordance with Articles 15 to 17. The e-card may be renewed an indefinite number of times. The renewal process shall be launched by the coordinating authority upon request of the service provider concerned and shall include a check of the validity of the information relating to the service provider. The service provider shall provide updated information if requested to do so by the coordinating authority concerned. The coordinating authority shall carry out checks and inspections, if necessary, in order to ascertain the occurrence of any event that may result in the suspension or revocation of the European services e- card pursuant to Articles 15 tor 176. This shall be without prejudice to measures put in place in accordance with Article 18 of Directive 2006/123/EC.
Amendment 8 #
Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – introductory part
Article 11 – paragraph 1 – subparagraph 1 – introductory part
The coordinating authority of the home Member State shall within onefour weeks of having received an application for a European services e-card, in order to permit efficient scrutiny of the application:
Amendment 9 #
Proposal for a directive
Article 13 – paragraph 1 – subparagraph 2
Article 13 – paragraph 1 – subparagraph 2
The host Member State shall immediatelywithin two weeks inform the applicant and the coordinating authority of the home Member State of the prior authorisation or prior notification scheme in question, the conditions which the applicant is required to comply with and of the necessity and proportionality thereof.
Amendment 30 #
Proposal for a directive
Recital 17 a (new)
Recital 17 a (new)
(17a) A European services e-card is a proof of compliance with all requirements that were condition for issuing a European services e-card according to national law of the Host Member State unless the contrary is proved. Failure of the holder of a European services e-card to comply with any of these requirements shall imply suspension or revocation of the European services e-card in question in accordance with Articles 15 to 17. Without prejudice to Articles 4 to 7, a European services e-card shall not constitute a proof of legal establishment in the host Member State and shall not per se entitle the services provider to pursue the activity in the Host Member State without fulfilling other legal requirements of the Host Member State falling outside the scope of the European services e-card procedure, in particular conditions relating to formation of subsidiaries or registration of branches under company law, registration of the service provider with mandatory social insurance schemes, requirements deriving from labour law and taxation.
Amendment 72 #
Proposal for a directive
Article 3 – paragraph 1 – point 1 a (new)
Article 3 – paragraph 1 – point 1 a (new)
1a. 'European services e-card’ means an electronic certificate, resulting from a harmonised procedure, proving that its holder is a service provider legally established in the home Member State, entitled, in that territory, to provide the service activities in question, as well as stipulating the right of its holder to start provision of the services in question in the host Member State, without establishing there or through a branch, agency or office located therein, as the case may be, and to continue such provision, for as long as it remains valid;