Activities of Mireille D'ORNANO related to 2016/0404(COD)
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council on a proportionality test before adoption of new regulation of professions
Amendments (65)
Amendment 4 #
Proposal for a directive
Title 1
Title 1
Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on a proportionality and public interest test before adoption of new regulation or deregulation of professions (Text with EEA relevance)
Amendment 5 #
Proposal for a directive
Recital 1
Recital 1
(1) The freedom to choose an occupation is a fundamental right. The Charter of Fundamental Rights of the European Union guarantees the freedom to choose an occupation, as well and recognises the freedom to conduct a business 'in accordance with Community law and national laws and practices'. The free movement of workers, freedom of establishment and freedom to provide services are fundamental principles of the internal market enshrined in the Treaty. National rules organising access to regulated professions should therefore not constitute any unjustified and disproportionate obstacle to the exercise of those fundamental rights.
Amendment 6 #
Proposal for a directive
Recital 2
Recital 2
(2) In the absence of specific provisions harmonising the requirements on access to aits communication of 10 January 2017 on reform recommendations for regulatedion in profession or its pursuit laid down in Union law, it is the Member States’ prerogative to decide whether and how to regulate a profession within the limits of the principles of non- discriminational services1a, the Commission noted that the regulation of professions is a prerogative of the Member States aimed at ensuring the protection of their public interest objectives and that it is not therefore desirable to impose directly or indirectly andy proportionalityarticular regulatory model throughout the EU. _________________ 1a COM(2016)0820.
Amendment 7 #
Proposal for a directive
Recital 2
Recital 2
(2) In the absence of specific provisions harmonising the requirements on access to a regulated profession or its pursuit laid down in Union law, it tis the Member States’ prerogative to decide whether and how to regulate a profession within the limits of the principles of non- discrimination and proportionality.
Amendment 8 #
Proposal for a directive
Recital 2
Recital 2
(2) In the absence of specific provisions harmonising the requirements on access to a regulated profession or its pursuit laid down in Union law, it is the Member States’ prerogative to decide whether and how to regulate a profession within the limits of the principles of non- discriminationsubsidiarity and proportionality.
Amendment 9 #
Proposal for a directive
Recital 3
Recital 3
(3) The principle of proportionality is one of the general principles of Union law. It follows from the case-law23that national measures liable to hinder or make less attractive the exercise of fundamental freedoms guaranteed by the Treaty should fulfil four conditions: they should be applied in a non-discriminatoryn accordance with Article 5 (4) of the Treaty on European Union, it meanner; they should be justified by public interest objectives; they should be suitable for securing the attainment of the objective which they pursue; and they should not go beyond what is necessary in order to attain it. _________________ 23Case C-55/94 Reinhard Gebhard v Consiglio dell’Ordine degli Avvocati e Procuratori di Milano [1995] ECR I- 4165s that the content and form of Union action must not exceed what is necessary to achieve the objectives of the Treaties.
Amendment 10 #
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3 a) In accordance with Article 5 of the Treaty on European Union, the subsidiarity principle aims to protect the Member States' capacity to decide and take action and seeks to ensure that powers are exercised at a level as close as possible to the citizen.
Amendment 11 #
Proposal for a directive
Recital 4
Recital 4
(4) Directive 2005/36/EC of the European Parliament and of the Council24 established the obligation for Member States to assess the proportionality of their requirements restricting access to or pursuit of regulated professions and to communicate to the Commission the results of the assessment, launching the so- called mutual evaluation process. That process meant that Member States had to carry out a screening of all their legislation on all professions regulated in their territory. _________________ 24 That directive made specific provision for regulated professions with public health or public security implications. _________________ 24 Directive 2005/36/EC of the European Directive 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).
Amendment 13 #
Proposal for a directive
Recital 5
Recital 5
(5) The results of the mutual evaluation process revealed a lack of clarity as regards the criteria to be used by national competent authorities when assessing the proportionality of requirements restricting access to or pursuit of regulated professions, as well as uneven scrutiny of such measures at all levels of regulation. To avoid fragmentation of the internal market and eliminate barriers to taking-up and pursuit of certain employed or self- employed activities, it is therefore necessary to establish a common approach at Union level, preventing disproportionate measumeasures that are disproportionate or likely to harm the public interest from being adopted.
Amendment 14 #
Proposal for a directive
Recital 5
Recital 5
(5) The results of the mutual evaluation process revealed a lack of clarity as regards the criteria to be used by national competent authorities when assessing the proportionality of requirements restricting access to or pursuit of regulated professions, as well as uneven scrutiny of such measures at all levels of regulation. To avoid fragmentation of the internal market andensure that the internal market operates more fairly, and to eliminate barriers to taking-up and pursuit of certain employed or self- employed activities, it is therefore necessary to establish a common approach at Union level, preventing disproportionate measures from being adopted.
Amendment 15 #
Proposal for a directive
Recital 5
Recital 5
(5) The results of the mutual evaluation process revealed a lack of clarity as regards the criteria to be used by national competent authorities when assessing the proportionality of requirements restricting access to or pursuit of regulated professions, as well as uneven scrutiny of such measures at all levels of regulation. To avoid fragmentation of the internal market and eliminateadjust barriers to taking-up and pursuit of certain employed or self- employed activities, it is therefore necessary to establish a common approach at Union level, preventing disproportionate measures from being adopted.
Amendment 21 #
Proposal for a directive
Recital 8
Recital 8
(8) Member States should be able to rely on a common regulatory framework based on clearly defined legal concepts concerning the different ways to regulate a profession across the Union. There are several ways to regulate a profession, for instance by reserving access to or the pursuit of a particular activity to holders of a professional qualification. National provisions may also regulate one of the modes of pursuit of a profession in laying down conditions for the use of professional titles.
Amendment 23 #
Proposal for a directive
Recital 9
Recital 9
(9) TWhe burden of proof of justificatre necessary, it should be for the Commission andto proportionality lies on the Member States. The reasons for regulation invoked by a Member State by way of justificave the disproportionate nature of Member State requirements. In support of its contention it should thus be accompanied by an analysis of the appropriateness and provide an analysis of the disproportionalityte nature of the measure adopted by that State and by specific evidence substantiating its arguments.
Amendment 24 #
Proposal for a directive
Recital 10
Recital 10
(10) It is appropriate to monitor the proportionality ofThe Member States should review on a regular basis whether their provisions restricting or broadening access to or pursuit of regulated professions on a regular basis and with a frequency appropriate to the regulation concerned. A review of the proportionality of restrictive national legislation in the area of regulated professions should beare proportionate and in the public interest, based not only on the objective of thate legislation at the time of its adoption, but also on the effects of the legislation, assessed after its adoption. The assessment of the proportionality of the national legislation should be basend on developments found to have occurred in the area since the legislation was adopted.
Amendment 25 #
Proposal for a directive
Recital 10
Recital 10
(10) It is appropriate to monitor the proportionality of the provisions restricting access to or pursuit of regulated professions on a regular basis and with a frequency appropriate to the regulation concerned. A review ofthe proportionality of whether restrictive national legislation in the area of regulated professions is proportionate and in the public interest should be based not only on the objective of that legislation at the time of its adoption, but also on the effects of the legislation, assessed after its adoption. The assessment ofthe proportionality of whether the national legislation is proportionate and in the public interest should be based on developments found to have occurred in the area since the legislation was adopted.
Amendment 26 #
Proposal for a directive
Recital 10
Recital 10
(10) It is appropriate to monitor the proportionality of the provisions restricting or broadening access to or pursuit of regulated professions on a regular basis and with a frequency appropriate to the regulation concerned. A review of the proportionality of restrictive national legislation in the area of regulated professions should be based not only on the objective of that legislation at the time of its adoption, but also on the effects of the legislation, assessed after its adoption. The assessment of the proportionality of the national legislation should be based on developments found to have occurred in the area since the legislation was adopted.
Amendment 27 #
Proposal for a directive
Recital 11
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, or an exisiting institution with a proven ability to work in the public interest, the power to do so. For example, local authorities, regulatory bodies or professional organisations, whose are often the best placed, owing to their greater proximity to local conditions and specialised knowledge could in certain cases make them better placed, to identify the best way of meeting the public interest objectives, there is particular reason for concern in cases where the policy choice made by those authorities or bodies provides benefits to established operators at the expense of new market entrants.
Amendment 28 #
Proposal for a directive
Recital 11
Recital 11
(11) Member States should carry out proportionality and public interest assessments in an objective and independent manner, including where a profession is regulated indirectly, by giving a particular professional body the power to do so. In particular, while the assessment of the local authorities, regulatory bodies or professional organisations, whose greater proximity to local conditions and specialised knowledge could in certain cases make them better placed to identify the best way of meeting the public interest objectives, there is particular reason for concern in cases where the policy choice made by those authorities or bodies provides benefits to established operators at the expense of new market entrants.
Amendment 29 #
Proposal for a directive
Recital 12
Recital 12
(12) Where the taking-up and pursuit of certain employed or self-employed activities are conditional on complying with certain provisions relating to specific professional qualifications, laid down directly or indirectly by the Member States, it is necessary to ensure that such provisions are justified by public interest objectives, such as those within the meaning of the Treaty, namely public policy, public security and public health or by overriding reasons of general interest, recognised as such in the case-law of the Court of Justice. It is important to ensure that public interest objectives are adequately identified in order to determine the intensity of the regulation. For example, in order to ensure a high level of protection of public health, Member States should enjoy a margin of discretion to decide on the degree of protection which they wish to afford to public health and on the way in which that protection is to be achieved. It is also necessary to clarify that among the overriding reasons of general interest, recognised by the Court of Justice, are preserving the financial equilibrium of the social security system; the protection of consumers, recipients of services and workers; the safeguarding of the proper administration of justice; fairness of trade transactions; combating fraud and prevention of tax evasion and avoidance; road safety; the protection of the environment and the urban environment; the health of animals; intellectual property; the safeguarding and conservation of the national historic and artistic heritage, social policy objectives and cultural policy objectives. According to settled case-law, purely economic reasons, having essentially protectionist aims, as well as purely administrative reasons, such as carrying out controls or gathering statistics cannot constitute an overriding reason of general interest.
Amendment 31 #
Proposal for a directive
Recital 12
Recital 12
(12) Where the taking-up and pursuit of certain employed or self-employed activities are conditional on complying with certain provisions relating to specific professional qualifications, laid down directly or indirectly by the Member States, it is necessary to ensure that such provisions are justified by public interest objectives, such as those within the meaning of the TreatyArticle 45 of the Treaty on the Functioning of the European Union, namely public policy, public security and public health or by overriding reasons of general interest, recognised as such in the case-law of the Court of Justice. It is important to ensure that public interest objectives are adequately identified in order to determine the intensity of the regulation. For example, in order to ensure a high level of protection of public health, Member States should enjoy a margin of discretion to decide on the degree of protection which they wish to afford to public health and on the way in which that protection is to be achieved. It is also necessary to clarify that among the overriding reasons of general interest, recognised by the Court of Justice, are preserving the financial equilibrium of the social security system; the protection of consumers, recipients of services and workers; the safeguarding of the proper administration of justice; fairness of trade transactions; combating fraud and prevention of tax evasion and avoidance; road safety; the protection of the environment and the urban environment; the health of animals; intellectual property; the safeguarding and conservation of the national historic and artistic heritage, social policy objectives and cultural policy objectives. According to settled case-law, purely economic reasons, having essentially protectionist aims, as well as purely administrative reasons, such as carrying out controls or gathering statistics cannot constitute an overriding reason of general interest.
Amendment 32 #
Proposal for a directive
Recital 12
Recital 12
(12) Where the taking-up and pursuit of certain employed or self-employed activities are conditional on complying with certain provisions relating to specific professional qualifications, laid down directly or indirectly by the Member States, it is necessary to ensure that such provisions are justified by public interest objectives, such as those within the meaning of the Treaty, namely public policy, public security and public health or by overriding reasons of general interest, recognised as such in the case-law of the Court of Justice. It is important to ensure that public interest objectives are adequately identified in order to determine the intensity of the regulation. For example, in order to ensure a high level of protection of public order, public security and public health, Member States should enjoy a margin of discretion to decide on the degree of protection which they wish to afford to public healthin these areas and on the way in which that protection is to be achieved. It is also necessary to clarify that among the overriding reasons of general interest, recognised by the Court of Justice, are preserving the financial equilibrium of the social security system; the protection of consumers, recipients of services and workers; the safeguarding of the proper administration of justice; fairness of trade transactions; combating fraud and prevention of tax evasion and avoidance; road safety; the protection of the environment and the urban environment; the health of animals; intellectual property; the safeguarding and conservation of the national historic and artistic heritage, social policy objectives and cultural policy objectives. According to settled case-law, purely economic reasons, having essentially protectionist aims, as well as purely administrative reasons, such as carrying out controls or gathering statistics cannot constitute an overriding reason of general interest.
Amendment 34 #
Proposal for a directive
Recital 12
Recital 12
(12) Where the taking-up and pursuit of certain employed or self-employed activities are conditional on complying with certain provisions relating to specific professional qualifications, laid down directly or indirectly by the Member States, it is necessary to ensure that such provisions are justified by public interest objectives, such as those within the meaning of the Treaty, namely public policy, public security and public health or by overriding reasons of general interest, recognised as such in the case-law of the Court of Justice. It is important to ensure that public interest objectives are adequately identified in order to determine the intensity of the regulation. For example, in order to ensure a high level of protection of public health, Member States should enjoy a broad margin of discretion to decide on the degree of protection which they wish to afford to public health and on the way in which that protection is to be achieved. It is also necessary to clarify that among the overriding reasons of general interest, recognised by the Court of Justice, are preserving the financial equilibrium of the social security system; the protection of consumers, recipients of services and workers; the safeguarding of the proper administration of justice; fairness of trade transactions; combating fraud and prevention of tax evasion and avoidance; road safety; the protection of the environment and the urban environment; the health of animals; intellectual property; the safeguarding and conservation of the national historic and artistic heritage, social policy objectives and cultural policy objectives. According to settled case-law, purely economic reasons, having essentially protectionist aims, as well as purely administrative reasons, such as carrying out controls or gathering statistics cannot constitute an overriding reason of general interest.
Amendment 38 #
Proposal for a directive
Recital 13
Recital 13
(13) Where a Member State intends to regulate a profession or to amend existing rulesor deregulate a profession, account should be taken of the nature of the risks related to the public interest objectives pursued, in particular the risks to consumers, to professionals or third parties. It should also be borne in mind that, in the field of professional services, there is usually an asymmetry of information between consumers and professionals. Professionals display a high level of technical knowledge which consumers may not have and consumers therefore find it difficult to judge the quality of the services provided to them. This asymmetry of information may justify regulating some professions or amending existing rules in order to protect consumers.
Amendment 39 #
Proposal for a directive
Recital 14
Recital 14
(14) To meet the requirement of proportionality, the national measure should be suitable for securing the attainment of the objective pursued. A measure should only be considered suitable for securing the attainment of the objective pursued, if it genuinely reflects a concern to attain that objective in a consistent and systematic manner, for instance where similar risks related to certain activities are addressed in a comparable way and where any exceptions to the restrictions involved are applied in line with the stated objective. Furthermore, the national measure should contribute to achieving the objective pursued and therefore, where it has no effect on the ground for justification, it should not be considered as suitable.
Amendment 40 #
Proposal for a directive
Recital 14
Recital 14
(14) To meet the requirement of proportionality, the measure should be suitable for securing the attainment of the public interest objective pursued. A measure should only be considered suitable for securing the attainment of the objective pursued, if it genuinely reflects a concern to attain that objective in a consistent and systematic manner, for instance where similar risks related to certain activities are addressed in a comparable way and where any exceptions to the restrictions involved are applied in line with the stated objective. Furthermore, the national measure should contribute to achieving the objective pursued and therefore, where it has no effect on the ground for justification, it should not be considered as suitable.
Amendment 41 #
Proposal for a directive
Recital 15
Recital 15
(15) Requirements linked to professional qualifications should be considered as necessary only where existing measures, such as consumer protection law, cannot be regarded as being suitable or genuinely effective to achieve the aim pursued, or need to be supplemented to optimise their effectiveness.
Amendment 43 #
Proposal for a directive
Recital 15
Recital 15
(15) Requirements linked to professional qualifications should be considered as necessary only where existing measures, such as consumer protection law, cannot be regarded as being suitable or genuinely effective to achieve the public interest aim pursued.
Amendment 45 #
Proposal for a directive
Recital 16
Recital 16
(16) Among the elements to be taken into account by national authorities, the following are of most relevance: the link between the scope of professional activities covered by a profession and the professional qualification required; the complexity of the tasks in particular as regards the level, the nature and the duration of the training or experience required; the existence of different routes to obtain the professional qualification; the scope of the professional activities, reserved to holders of a particular professional qualification, and in particular whether the activities reserved to certain professionals can be shared with other professionals; the degree of autonomy in exercising a regulated profession in particular where the activities relating to a regulated profession are pursued under the control and responsibility of a duly qualified professional; and the implications of the professional activities for public order, public health or public security.
Amendment 46 #
Proposal for a directive
Recital 16
Recital 16
(16) Among the elements towhich may be taken into account by national authorities, the following are of most relevance: the link between the scope of professional activities covered by a profession and the professional qualification required; the complexity of the tasks in particular as regards the level, the nature and the duration of the training or experience required; the existence of different routes to obtain the professional qualification; the scope of the professional activities, reserved to holders of a particular professional qualification, and in particular whether the activities reserved to certain professionals can be shared with other professionals; the degree of autonomy in exercising a regulated profession in particular where the activities relating to a regulated profession are pursued under the control and responsibility of a duly qualified professional.
Amendment 47 #
Proposal for a directive
Recital 17
Recital 17
(17) Where a Member State regulates a profession, account should be taken of the fact that technological developments may increase or reduce the asymmetry of information between consumers and professionals. In view of the speed of technological change and scientific progress, up-dates in access requirements may be of particular importance for a number of professions.
Amendment 49 #
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 and the protection of consumers, 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 accountconsidered 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.
Amendment 50 #
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 couldFor example, the objective can sometimes 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 bHowever, where measures are jused only in cases where the measures aim attified by interests of consumer protection or of preventing a risk of serious harm to public interest objectives, regulation should take place by way of reserved activities.
Amendment 56 #
Proposal for a directive
Recital 21
Recital 21
(21) It is essential for the proper functioning of the internal market to ensure that Member States provide information to citizens, representative associations or other relevant stakeholders before introducing new measures restricting access to or pursuit of regulated professions and give them the opportunity to make known their views. Similarly, it is essential for the proper functioning of the Member States' economies that the EU provides information to citizens, professionals, consumers and other relevant stakeholders before introducing new measures encouraging the deregulation of access to or pursuit of certain professions, and gives them the opportunity to make known their views.
Amendment 58 #
Proposal for a directive
Recital 21
Recital 21
(21) It is essential for the proper functioning of the internal market to ensure that Member StatesMember States's economies that the EU provides information to citizens, representative associations orprofessionals, consumers and other relevant stakeholders before introducing new measures restrictingencouraging the regulation or deregulation of access to or pursuit of regulatedcertain professions and gives them the opportunity to make known their views.
Amendment 59 #
Proposal for a directive
Recital 24
Recital 24
(24) Since the objectives of this Directive, namely the removal of disproportionateo improve the proportionality, and compliance with public interest objectives, of restrictions on access to or pursuit of regulated professions, cannot be sufficiently achieved by the Member States but can rather, by reason of the scale of the action, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives,
Amendment 64 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
This Directive lays down rules on a common framework for conducting proportionality assessments before introducing new legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, or amending existing ones, with a view to ensuring the proper functioning of the internal markeeconomies of the Member States and the protection of the public interest.
Amendment 65 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
This Directive lays down rules on a common framework for conducting proportionality assessments before introducing new legislative, regulatory or administrative provisions restricting or broadening access to or pursuit of regulated professions, or amending existing ones, with a view to ensuring the proper functioning of the internal market.
Amendment 69 #
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Directive shall apply to requirementmeasures under the legal systems of the Member States restricting or broadening access to a regulated profession or its pursuit, or one of its modes of pursuit, including the use of professional titles and the professional activities allowed under such title, falling within the scope of Directive 2005/36/EC.
Amendment 74 #
Proposal for a directive
Article 3 – paragraph 2 – point b a (new)
Article 3 – paragraph 2 – point b a (new)
(ba) 'deregulation'means broadening access to or pursuit of a profession by the repeal or amendment of existing legislative, regulatory or administrative provisions.
Amendment 77 #
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 or broadening access to or pursuit of regulated professions, or amending existing ones, the relevant competent authorities undertake an assessment of whetheir proportionalitythese measures are proportionate and in the public interest in accordance with the rules laid down in this Directive.
Amendment 79 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Any provision referred to in paragraph 1 shall be accompanied by a detailed statement making it possible to appraise compliance with the principle of proportionality and with the public interest.
Amendment 81 #
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The reasons for considering that a provision is justified, necessary and, proportionate and in the public interest shall be substantiated by qualitative and, wherever possible, quantitative evidence.
Amendment 83 #
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Member States shall monitorthe proportionality of whether legislative, regulatory or administrative provisions restricting or broadening access to or pursuit of regulated professions are proportionate and in the public interest, on a regular basis and with a frequency appropriate to the regulation concerned, having due regard to any developments that have occurred since the measure concerned was adopted.
Amendment 85 #
Proposal for a directive
Article 4 – paragraph 5
Article 4 – paragraph 5
5. Member States shall take the necessary measures to ensure that the assessment of proportionality referred to in paragraph 1 is carried out in an objective and independent manner including through involvement of independent scrutiny bodies or existing institutions with a proven ability to work in the public interest. For example, local authorities, regulatory bodies or professional organisations are often the best placed to identify the best way of meeting the public interest objectives thanks to their greater proximity to local conditions and specialised knowledge.
Amendment 86 #
Proposal for a directive
Article 4 – paragraph 5
Article 4 – paragraph 5
5. Member States shall take the necessary measures to ensure that theassessment of proportionality and public interest assessment referred to in paragraph 1 is carried out in an objective and independent manner including through involvement of independent scrutiny bodies.
Amendment 88 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall ensure that legislative, regulatory or administrative provisions restricting or broadening access to or pursuit of regulated professions they intend to introduce and amendments they intend to make to existing provisions are justified by public interest objectives.
Amendment 91 #
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
Amendment 92 #
Proposal for a directive
Article 6 – title
Article 6 – title
Proportionality and public interest
Amendment 93 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Before introducing new legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, or amending existing ones, Member States shall assess whether those provisions are necessary and suitable for securing the attainment of the public interest objective pursued and do not go beyond what is necessary to attain that objective.
Amendment 94 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Before introducing new legislative, regulatory or administrative provisions restricting or broadening access to or pursuit of regulated professions, or amending existing ones, Member States shall assess whether those provisions are necessary and suitable for securing the attainment of the objective pursued and do not go beyond what is necessary to attain that objective.
Amendment 97 #
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 authorities shallmay consider in particular:
Amendment 102 #
Proposal for a directive
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
(c) in the case of new regulation, the necessity of the provision and in particular whether existing rules of a specific or more general nature, such as product safety legislation or consumer protection law, are insufficient to protect the objective pursued;
Amendment 104 #
Proposal for a directive
Article 6 – paragraph 2 – point c a (new)
Article 6 – paragraph 2 – point c a (new)
(ca) in the case of deregulation, whether specific or more general rules remaining in force, such as product safety or consumer protection legislation, are sufficient to protect the public interest;
Amendment 106 #
Proposal for a directive
Article 6 – paragraph 2 – point h
Article 6 – paragraph 2 – point h
(h) the scientific and technological developments which may increase or reduce the asymmetry of information between professionals and consumers;
Amendment 108 #
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 and consumer protection, as well as the impact on the free movement of persons and services within the Union;
Amendment 109 #
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; pursued, particularly where there is no threat to consumer protection and there is no risk of serious harm to the public interest:
Amendment 110 #
Proposal for a directive
Article 6 – paragraph 2 – point k a (new)
Article 6 – paragraph 2 – point k a (new)
(ka) the implications of the professional activities for public order, public health or public security;
Amendment 111 #
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 112 #
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. For the purposes of paragraph 2(j), wthere 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 objective can sometimes be attained by less restrictive means than reserving activities to professionals, such as protection of the professional title or enrolment on a professional register. However, where measures are justified by interests of consumer protection or of preventing a risk of serious harm to public interest objectives, regulation shall take place by way of reservinged activities.
Amendment 113 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
Member States shall, by appropriate means, inform citizens, service recipients, representative associations and relevant stakeholders other than the members of the profession before introducing new legislative, regulatory or administrative provisions restricting or broadening access to or pursuit of regulated professions, or amending existing ones, and give them the opportunity to make known their views. Similarly, the Union shall, by appropriate means, inform citizens, professionals, consumers and other relevant stakeholders before introducing new legislative, regulatory or administrative provisions restricting or broadening access to or pursuit of regulated professions, or amending existing ones, and give them the opportunity to make known their views.
Amendment 115 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
Amendment 118 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
Member States shall, by appropriate means, inform citizens, service recipients, representative associations and relevant stakeholders other than the members of the profession before introducing new legislative, regulatory or administrative provisions restricting or broadening access to or pursuit of regulated professions, or amending existing ones, and give them the opportunity to make known their views.
Amendment 119 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. For the purposes of the efficient application of this Directive, before introducing new legislative, regulatory or administrative provisions restricting or broadening access to or pursuit of regulated professions, or amending existing ones, Member States shall encourage the exchange of information with competent authorities of other Member States on matters covered by this Directive, such as the particular way they regulate a profession or the effects of regulation identified in similar sectors of activities, on a regular basis, or, where appropriate, on an ad hoc basis.
Amendment 122 #
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The reasons for considering that provisions, assessed in accordance with this Directive, are justified, necessary and, proportionate and in the public interest, and which are communicated to the Commission pursuant to paragraphs 5 and 6 of Article 59 of Directive 2005/36/EC, shall be recorded by the relevant competent authorities in the database of regulated professions, referred to in Article 59 paragraph 1 of Directive 2005/36/EC and thereafter made publicly available by the Commission.
Amendment 123 #
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The reasons for considering that provisions, assessed in accordance with this Directive, are justified, necessary. sufficient and proportionate, and which are communicated to the Commission pursuant to paragraphs 5 and 6 of Article 59 of Directive 2005/36/EC, shall be recorded by the relevant competent authorities in the database of regulated professions, referred to in Article 59 paragraph 1 of Directive 2005/36/EC and thereafter made publicly available by the Commission.