[ParlTrack]

Gilles LEBRETON, Mylène TROSZCZYNSKI, Marie-Christine BOUTONNET

Proposal for a directive
–

The Committee on Legal Affairs calls on the Committee on the Internal Market and Consumer Protection, as the committee responsible, to propose rejection of the Commission proposal.

2017/12/06
Committee: JURI

Gilles LEBRETON, Mylène TROSZCZYNSKI, Marie-Christine BOUTONNET

Proposal for a directive
Recital 2

(2) Directive 2006/123/EC of the European Parliament and of the Council17establishes general provisions facilitating the exercise of the freedom of establishment for service providers and the free movement of services. It provides inter alia that Member States should provide for administrative simplification, for instance offering electronic procedures via Points of Single Contact, simplifying existing procedures and the need for certified documents and making best use of a system of tacit approval. The Directive also sets a framework furthering the freedom to provide services on a temporary basis in another Member State. _________________ 17Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (OJ L 376, 27.12.2006, p. 36).deleted

2017/12/06
Committee: JURI

Gilles LEBRETON, Mylène TROSZCZYNSKI, Marie-Christine BOUTONNET

Proposal for a directive
Recital 12

(12) The main purpose of the European services e-card is to introduce a 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 exercice of service activities, which is already the object of control before issue of a European services e- card.deleted

2017/12/06
Committee: JURI

Gilles LEBRETON, Mylène TROSZCZYNSKI, Marie-Christine BOUTONNET

(14) Certain requirements and related authorisations and notifications governed by Directive 2006/123/EC should not be the object of controls in the context of issuing a European services e-card given their complexity or the involvement of third actors which the uniform procedural workflow of the European services e-card cannot suitably accommodate. This concerns selection procedures for granting authorisations limited in number and controls of site-specific conditions, be it for the site of actual provision of services or for the site where the provider establishes its operations. Similarly a European services e-card is also not suited to accommodate selection procedures for the performance of public contracts, design contests or concessions.deleted

2017/12/06
Committee: JURI

Gilles LEBRETON, Mylène TROSZCZYNSKI, Marie-Christine BOUTONNET

Proposal for a directive
Recital 15

(15) In the same vein, controls applicable to service providers which are already the object of other horizontal EU legislation should remain excluded. This is the case of requirements and controls related to recognition of professional qualifications under Directive 2005/36/EC of the European Parliament and of the Council21, even if mentioned in sector- specific legislation. _________________ 21Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (OJ L 255, 30.9.2005, p. 22).deleted

2017/12/06
Committee: JURI

Gilles LEBRETON, Mylène TROSZCZYNSKI

Proposal for a directive
Recital 16

(16) Furthermore, the requirements for service providers who are limited liability companies to disclose certain company information according to Directive 2009/101/EC of the European Parliament and of the Council22and Council Directive 89/666/EEC23, and any requirements or controls imposed by national rules on registration of branches of companies registered in another Member State under company law should not be covered by a European services e-card procedure, which is meant to address sector-specific matters in the framework of Directive 2006/123/EC. _________________ 22Directive 2009/101/EC of the European Parliament and of the Council of 16 September 2009 on coordination of safeguards which, for the protection of the interests of members and third parties, are required by Member States of companies within the meaning of the second paragraph of Article 48 of the Treaty, with a view to making such safeguards equivalent (OJ L 258, 1.10.2009, p. 11). 23 Council Directive 89/666/EEC of 21 December 1989 concerning disclosure requirements in respect of branches opened in a Member State by certain types of company governed by the law of another State (OJ L 395, 30.12.1989, p. 36).deleted

2017/12/06
Committee: JURI

Gilles LEBRETON, Mylène TROSZCZYNSKI, Marie-Christine BOUTONNET

Proposal for a directive
Recital 17

(17) A European services e-card provides several advantages. It offers a proof of legal establishment in the home Member State. As long as a European services e-card remains valid, it should constitute a valid means of proof throughout the EU of legal establishment in the home Member State for the services covered by that e-card. Such proof should even be accepted in a domestic context, across all levels and administrative divisions of public administration. A valid European services e-card includes information which is often required in different contexts, such as controls applicable during or after the performance of services, the award of a public contract, a design contest or a concession, formation of subsidiaries or registration of branches under company law and registration of the service provider with mandatory social insurance schemes. Since that information is already available in a valid European services e-card, Member State authorities should not request this information from e-card holders for these other purposes.deleted

2017/12/06
Committee: JURI

Gilles LEBRETON, Mylène TROSZCZYNSKI, Marie-Christine BOUTONNET

Proposal for a directive
Recital 18

(18) In addition, Member States should not be allowed to impose on holders of a European services e-card any service provision related authorisation or notification schemes prior to a service provision. Member States should not repeat, wholly or partially, controls previously performed in the context of issuing the European services e-card once provision of services has started in the host Member State. Authorisation or notification schemes such as those deriving from taxation, social security and labour law shall remain applicable as such matters are excluded from the scope of this Directive. Ex-post checks, inspections and investigations initiated by competent authorities should however remain admissible to control service performance, as under current EU Law. If such controls reveal serious breaches of requirements applicable in a host Member State, this could lead to the suspension or revocation of the European services e- card.deleted

2017/12/06
Committee: JURI

Gilles LEBRETON, Mylène TROSZCZYNSKI, Marie-Christine BOUTONNET

Proposal for a directive
Recital 19

(19) Directive 2013/55/EU, of the European Parliament and of the Council, of 20 November 201324introduced a legislative framework for the European professional card, meant to grant to professionals who obtain the right to pursue the same profession for which they previously established in a (home) Member State in another (host) Member State, either temporarily or through a secondary establishment. The European services e-card, as a procedure meant for a wide variety of services and not addressing issues related to professional qualifications, should thus not apply to those services for which a specific European professional card was introduced, except if sector-specific requirements and their controls, unrelated to recognition of professional qualifications, are left in place for secondary establishment of a particular profession. _________________ 24 Directive 2013/55/EU, of the European Parliament and of the Council, of 20 November 2013, amending Directive 2005/36/EC on the recognition of professional qualifications and Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System (‘the IMI Regulation’) (OJ L 354, 28.12.2013, p. 132).deleted

2017/12/06
Committee: JURI

Gilles LEBRETON, Mylène TROSZCZYNSKI, Marie-Christine BOUTONNET

Proposal for a directive
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.deleted

2017/12/06
Committee: JURI

Gilles LEBRETON, Mylène TROSZCZYNSKI, Marie-Christine BOUTONNET

Proposal for a directive
Recital 21

(21) There are two types of European services e-cards offered to service providers: a simpler procedure for temporary cross-border provision of services into other Member States, essentially controlling their previous establishment in the home Member State and allowing a host Member State to object to temporary provision of cross- border services only due to overriding reasons of public interests, and a more complex one, framing the control by host Member States of an economic activity in their territory for an indefinite period through secondary establishment in the form of branches, agencies or offices, in order to ensure, in a simplified workflow, mutual recognition is performed properly and expeditiously.deleted

2017/12/06
Committee: JURI

Gilles LEBRETON, Mylène TROSZCZYNSKI, Marie-Christine BOUTONNET

Proposal for a directive
Recital 25

(25) In order to ensure uniform implementation of this Directive in relation to the technical aspects of handling and processing applications for European services e-cards, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council25. These implementing rules should determine the automatic cancellation of an application for a European services e-card if the respective procedure is suspended for a considerable lapse of time due to inaction on the part of the applicant. _________________ 25 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).deleted

2017/12/06
Committee: JURI

Gilles LEBRETON, Mylène TROSZCZYNSKI, Marie-Christine BOUTONNET

Proposal for a directive
Recital 29

(29) For provision of temporary cross- border services, given that Article 16 of Directive 2006/123/EC admits requirements for the generality of services covered by this Directive, host Member States should be allowed to object to the issue of a European services e-card by the home Member State in those cases where the circumstances of the applicant give rise to genuine and sufficiently serious threats to public interests related to public policy, public security, public health or the protection of the environment, in a manner which cannot be suitably and sufficiently addressed by requirements and controls applicable once service provision starts. This should be the case when a prior authorisation scheme or prior notification for temporary provision of the services in question is in place, justified in proportionate terms under one of those four overriding reasons of public interest safeguarded under Article 16 of Directive 2006/123/EC and when the conditions met by the applicant in its home Member State cannot be considered equivalent to the ones required in the host Member State for the granting of that prior authorisation. The possibilities and prerrogatives of host Member States under Article 16 of Directive 2006/123/EC apply in the context of issuing a European services e-card.deleted

2017/12/06
Committee: JURI

Gilles LEBRETON, Mylène TROSZCZYNSKI, Marie-Christine BOUTONNET

Proposal for a directive
Recital 30

(30) IMI should enable the Commission to become aware of objections raised by host Member States before the issue of European services e- card procedures for temporary cross- border provision of services, in the context of prior authorisation or prior notification schemes that should also have been previously notified under Directive ………[forthcoming Notification Directive]…….. This information on the effective application of the notified authorisation schemes may be used by the Commission to trigger any enforcement action or to launch any enquiries. It is without prejudice to the rights of applicants to submit a complaint to Commission services alleging a potential breach of EU law by way of the objection in question.deleted

2017/12/06
Committee: JURI

Gilles LEBRETON, Mylène TROSZCZYNSKI, Marie-Christine BOUTONNET

Proposal for a directive
Recital 31

(31) For establishment, host Member States should be allowed to impose on e- card applicants their own requirements, non-discriminatory, justified under overriding reasons of public interest and proportionate in compliance with Directive 2006/123/EC and other EU legislation concerned. Sector-specific EU legislation governing certain services covered by this Directive, such as services of travel agencies under Directive (EU) 2015/2302, of the European Parliament and of the Council26, and services of installation of energy-related building elements under Directive 2012/27/EU of the European Parliament and of the Council27, in so far as the controls do not pertain to recognition of professional qualifications in the framework of Directive 2005/36/EC, should be taken into consideration. _________________ 26Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and linked travel arrangements, amending Regulation (EC) No 2006/2004 and Directive 2011/83/EU of the European Parliament and of the Council and repealing Council Directive 90/314/EEC (OJ L 326, 11.12.2015, p. 1). 27Directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012 on energy efficiency amending Directives 2009/125/EC and 2010/30/EU and repealing Directives 2004/8/EC and 2006/32/EC (OJ L315, 14.11.2012, p.1).deleted

2017/12/06
Committee: JURI

Gilles LEBRETON, Mylène TROSZCZYNSKI, Marie-Christine BOUTONNET

Proposal for a directive
Recital 32

(32) Equivalence between requirements of a host Member State and those requirements of the home Member State the applicant has already complied should be an integral part of this assessment. In order to facilitate the assessment of the equivalence of requirements in home and host Member States, where the authority of the host Member State declares its intention to refuse an e-card for establishment, the applicant should have a renewed possibility to prove that it meets the conditions laid down in the prior authorisation or prior notification on the basis of which the authorities of the host Member States base their intention to refuse the e-card, including through requirements to which the applicant is subject in the home Member State and which they deem to be equivalent.deleted

2017/12/06
Committee: JURI

Gilles LEBRETON, Mylène TROSZCZYNSKI, Marie-Christine BOUTONNET

Proposal for a directive
Recital 34

(34) In order to lay down the procedure for requesting such information, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of specifying the procedural workflow and its impact on the applicable time-limits for decisions to be made in the context of issuing a European services e-card. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.deleted

2017/12/06
Committee: JURI

Gilles LEBRETON, Mylène TROSZCZYNSKI, Marie-Christine BOUTONNET

Proposal for a directive
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. 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.deleted

2017/12/06
Committee: JURI

Gilles LEBRETON, Mylène TROSZCZYNSKI, Marie-Christine BOUTONNET

Proposal for a directive
Recital 37

(37) Prior to the issuance of the European services e-card, a host Member State should be allowed to invoke legitimate policy concerns. Nevertheless, in the interest of allowing for a simplified and swift procedure, the principle of tacit approval should be observed in issuing a European services e-card. That is the general principle introduced under Directive 2006/123/EC. An alert of impending tacit approval and the extension of the applicable deadlines by two additional weeks should ensure that the host Member State has the appropriate time and means to consider applications for a European services e- card. A lack of information from the host Member State on applicable requirements should also not impede automatic issue of a European services e-card.deleted

2017/12/06
Committee: JURI

Gilles LEBRETON, Mylène TROSZCZYNSKI, Marie-Christine BOUTONNET

Proposal for a directive
Recital 38

(38) Service providers should not be required to provide information and documents which are already in the possession of other authorities in the home Member State, irrespective of administrative levels or divisions. It should also be the case when interconnection of national registers (e.g. central, commercial and companies' registers as required by Directive 2009/101/EC or insolvency registers under Regulation (EU) 2015/848 of the European Parliament and of the Council28) allows for information and documents to be retrieved by the administration of the home Member State from other Member States. In all instances when personal data are processed under this Directive, rules on protection of personal data of Directive 95/46/EC of the European Parliament and of the Council29[, Regulation (EU) 2016/679 of the European Parliament and of the Council30] and national legislation should be observed. _________________ 28Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings (OJ L 141, 5.6.2016, p.19). 29Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ L 281 , 23.11.1995, p. 31). 30 European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).deleted Regulation (EU) 2016/679 of the

2017/12/06
Committee: JURI

Gilles LEBRETON, Mylène TROSZCZYNSKI, Marie-Christine BOUTONNET

Proposal for a directive
Recital 41

(41) This Directive should not interfere with the division of regional or local competences within the Member States, including regional and local self- government. This notwithstanding, administrative cooperation between different national authorities within strict time-limits may be necessary in order to meet the obligations laid down in the Directive. In order to help Member States meet their obligations and considering the decentralised structure of many of them, IMI could also be used as a tool for the effective exchange of information and mutual assistance between competent authorities within a certain Member State, without prejudice to other solutions put in place by Member States.deleted

2017/12/06
Committee: JURI

Gilles LEBRETON, Mylène TROSZCZYNSKI, Marie-Christine BOUTONNET

Proposal for a directive
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/EC.deleted

2017/12/06
Committee: JURI

Gilles LEBRETON, Mylène TROSZCZYNSKI, Marie-Christine BOUTONNET

Proposal for a directive
Recital 46

(46) In order to ensure uniform conditions for the implementation of this Directive in relation to the technical aspects of processing suspensions, revocations and cancelations of European services e-cards, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council.deleted

2017/12/06
Committee: JURI

Gilles LEBRETON, Mylène TROSZCZYNSKI, Marie-Christine BOUTONNET

Proposal for a directive
Recital 48

(48) Since the objectives of this Directive cannot be sufficiently achieved by the Member States in view of the complexity and inconsistency of approaches of controlling certain services across Member States but can rather, by reason of enhanced administrative coordination across the Union, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.deleted

2017/12/06
Committee: JURI

Gilles LEBRETON, Mylène TROSZCZYNSKI, Marie-Christine BOUTONNET

Proposal for a directive
Article 5

~~[...]~~deleted

2017/12/06
Committee: JURI

Gilles LEBRETON, Mylène TROSZCZYNSKI, Marie-Christine BOUTONNET

Proposal for a directive
Article 6 – paragraph 1

Authorities in Member States shall not, in the context of any procedures or formalities imposed on a provider in their territory and in accordance with the rules on the protection of personal data as provided for in Directive 95/46/EC [, Regulation (EU) No 2016/679] and national legislation, require the holder of a European services e-card to provide any information which is already contained in the European services e-card, including for: (i) the award of a public contract, a design contest or a concession; (ii) registration of branches under company law; (iii) registration with mandatory social insurance schemes.deleted formation of subsidiaries or

2017/12/06
Committee: JURI

Gilles LEBRETON, Mylène TROSZCZYNSKI, Marie-Christine BOUTONNET

Proposal for a directive
Article 7 – paragraph 2

2. A European services e-card shall be valid for an indefinite duration, unless suspended, revoked or cancelled, in accordance with Articles 15 to 17. This shall be without prejudice to measures put in place in accordance with Article 18 of Directive 2006/123/EC.deleted

2017/12/06
Committee: JURI

Gilles LEBRETON, Mylène TROSZCZYNSKI, Marie-Christine BOUTONNET

Proposal for a directive
Article 11

Assessment of the application by the home 1. home Member State shall within one week of having received an application for a European services e-card: (a) (b) accuracy of the information provided; (c) e-cards issued in relation to other home Member States for the same provider and service activity have been revoked or cancelled, or that cancelation has been requested to allow replacementrticle 11 deleted Member State The coordinating authority of those e- cards by the European services e-card to which the application refers to; (d) accompanying documents, if any, that prove compliance with requirements applicable to the service provision to which the applicant is subject in the home Member State; (e) application from the applicant, where necessary; (f) the information obtained in accordance with Article 14(2); (g) where the standard form for application is made available the necessary documents, if any, obtained in accordance with Article 14(2). Where the coordinating authority of the home Member State requests supplementing of the application from the applicant, the time-limit is suspended until that information is provided. 2. The coordinating authority of the home Member State shall, upon completion of the tasks referred to in paragraph 1, communicate without delay the application to the coordinating authority of the host Member State, with information to the applicant. 3. The decisions and actions by the coordinating authorityxamine the application; verify the completeness and verify whether European services verify the content and validity of request supplementing of the hcome Member State, notified to the applicant through the electronic platform where the standard form for application is made available, or the absence of a decision or action within the time-limit shall be subject to appeal under national law of the home Member State. 4. The Commission shall adopt technical rules for the handling and processing of the application by means of implementing acts. These rules shall include time-limits on the expiration of the application due to inaplete the application form with upload to the electiron ~~of the applicant. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 19(2).~~ic platform

2017/12/06
Committee: JURI

Gilles LEBRETON, Mylène TROSZCZYNSKI, Marie-Christine BOUTONNET

Proposal for a directive
Article 12

~~[...]~~deleted

2017/12/06
Committee: JURI

Gilles LEBRETON, Mylène TROSZCZYNSKI, Marie-Christine BOUTONNET

Proposal for a directive
Article 13

~~[...]~~deleted

2017/12/06
Committee: JURI

Gilles LEBRETON, Mylène TROSZCZYNSKI, Marie-Christine BOUTONNET

Proposal for a directive
Article 14

Once-only principle in the home Member 1. Coordinating authorities in the home Member State shall not require providers to provide information and documents which are available to those authorities in accordance with paragraph 2 of this Article or Article 14(3) of Regulation ….[ESC Regulation]….. when applying for a European services e-card or to prove compliance, in the context of a European services e-card for establishment, with conditions identified by the coordinating authority of the host Member State in accordance with Article 13(1). 2. The coordinating authority in the home Member State shall obtain the information and documents required for the purposes referred to in paragraph 1 which are available to other authorities in the home Member State or originate from those authorities, in accordance with the rules on the protection of personal data as provided for in Directive 95/46/EC, Regulation (EU) No 2016/679 and national legislation.Article 14 deleted State

2017/12/06
Committee: JURI

Gilles LEBRETON, Mylène TROSZCZYNSKI, Marie-Christine BOUTONNET

Proposal for a directive
Article 17 – paragraph 7

7. The Commission shall adopt technical rules for the processing of suspensions, revocations, updates and cancelations of European services e-cards by means of implementing acts, including provisions on the introduction and withdrawal of alerts of possible suspension and revocation and on the interconnection between these procedures and the alert mechanism set up under Article 32 of Directive 2006/123/EC as well as the interconnection between a valid European services e-card and the procedure for case-by-case derogations in accordance with Article 18 of Directive 2006/123/EC. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 19(2).deleted

2017/12/06
Committee: JURI

Gilles LEBRETON, Mylène TROSZCZYNSKI, Marie-Christine BOUTONNET

Proposal for a directive
Article 21

By [24 months after the date for transposition of this Directive] the Commission shall carry out an assessment of the appropriateness of additional measures to coordinate provisions concerning the freedom of establishment and the freedom to provide services for which a European services e-card has been introduced. By 36 months after the date for transposition of this Directive and at the latest every five years thereafter, the Commission shall carry out an evaluation of this Directive and submit to the European Parliament and the Council a report on its performance. That report shall consider the need to adapt the procedures for issuing, updating, suspending or revoking a European services e-card taking into account the latest developments in e-Government and shall be included in the report assessing the overall performance of Regulation …[ESC Regulation]… in line with its Article 19.Article 21 deleted Review clause

2017/12/06
Committee: JURI

Activities of Gilles LEBRETON related to 2016/0402(COD)

Legal basis opinions (0)

Amendments (33)

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