[ParlTrack]

Gilles LEBRETON, Marie-Christine BOUTONNET

Proposal for a regulation
–

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.

2017/12/05
Committee: JURI

Gilles LEBRETON, Marie-Christine BOUTONNET

Proposal for a regulation
Recital 4

(4) Requirements remain in place which make expansion of service providers' operations across the internal market burdensome and unappealing, such as multiple and disparate authorisation schemes before different authorities and, which, regarding establishment, fail to achieve mutual recognition of conditions previously complied with in other Member States or, regarding temporary cross-border provision of services apply disproportionate or unjustified restrictions. As a consequence, service providers face multiple and disproportionate compliance costs when going cross-border.deleted

2017/12/05
Committee: JURI

Gilles LEBRETON, Marie-Christine BOUTONNET

Proposal for a regulation
Recital 7

(7) Addressing remaining obstacles to more cross-border activities in services will help to strengthen competition, resulting in more choice and better prices for consumers as well as more competitive services sectors creating new jobs, promoting productivity and ensuring a more attractive climate for investment and innovation.deleted

2017/12/05
Committee: JURI

Gilles LEBRETON, Marie-Christine BOUTONNET

Proposal for a regulation
Recital 8

(8) This Regulation aims to facilitate the freedom of establishment and the free movement of services within the single market in areas already covered by Directive 2006/123/EC through the adoption of further measures on approximation of provisions which have as their object the establishment and functioning of the internal market. It should be based on Article 114 of the TFUE.deleted

2017/12/05
Committee: JURI

Gilles LEBRETON, Marie-Christine BOUTONNET

Proposal for a regulation
Recital 9

(9) In view of this, the present Regulation introduces a European services e-card which should facilitate certain service providers to expand service provision across internal market borders, either in the form of temporary provision of services or via secondary establishment through branches, agencies or offices.deleted

2017/12/05
Committee: JURI

Gilles LEBRETON, Marie-Christine BOUTONNET

Proposal for a regulation
Recital 14

(14) The European services e-card should be fully electronic, rely almost exclusively on data provided by reliable sources, limit the use of documents to the minimum necessary and allow for multilingual processing to avoid translation costs. In order to make the procedure fully electronic and allow for administrative cooperation between home and host Member States. The Internal Market Information system set up by Regulation (EU) No 1024/2012 of the European Parliament and of the Council22 should be used under this Regulation. A specific electronic platform should be developed for the purpose of issuing, updating, suspending, revoking or cancelling European services e-cards, as well as to make valid European services e-cards electronically available to their holders and to competent authorities. _________________ 22 Regulation (EU) No 1024/2012 of the European Parliament and of the Council of 25 October 2012 on administrative cooperation through the Internal Market Information System and repealing Commission Decision 2008/49/EC ( ‘the IMI Regulation’ ) (OJ L 316, 14.11.2012, p. 1)deleted

2017/12/05
Committee: JURI

Gilles LEBRETON, Marie-Christine BOUTONNET

Proposal for a regulation
Recital 15

(15) In order to submit an application for a European services e-card, a harmonised multilingual form should be made available ensuring that the elements necessary for identification of the provider and of the services for which the e-card is requested, as well as for the assessment of specific requirements applicable to the services at stake, such as those regarding proof of its establishment in the home Member State, good repute or insurance coverage, are included and thus made available to coordinating authorities in both home and host Member States.deleted

2017/12/05
Committee: JURI

Gilles LEBRETON, Marie-Christine BOUTONNET

Proposal for a regulation
Recital 16

(16) The power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to specify the details of the information to be contained in the standard application form and the documents to be included in the application as supporting evidence. It is of particular importance that the Commission carry 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

2017/12/05
Committee: JURI

Gilles LEBRETON, Marie-Christine BOUTONNET

Proposal for a regulation
Recital 17

(17) During the implementation of this Regulation, Member States should inform and update the Commission of procedures imposed under national law on incoming cross-border providers wishing to provide services temporarily or through a branch, agency or office, including the information and documents to which those procedures pertain, to allow for the preparation of application forms. In order to ensure uniform implementation concerning the necessary information to be provided for the application of the European service e-card, 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 Council23 . _________________ 23 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

2017/12/05
Committee: JURI

Gilles LEBRETON, Marie-Christine BOUTONNET

Proposal for a regulation
Recital 18

(18) Description of the terms of coverage of a mandatory or voluntary insurance included in written contracts might be difficult to find. Insurance distributers, as well as bodies appointed by a Member State to provide compulsory insurance, should therefore provide a description of the core elements of coverage to their client in the format of an insurance certificate. This certificate should be annexed to the application form. In order to ensure uniform implementation of this part of the Regulation, implementing powers should be conferred on the Commission to adopt a harmonised format for the certificates. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council.deleted

2017/12/05
Committee: JURI

Gilles LEBRETON, Marie-Christine BOUTONNET

Proposal for a regulation
Recital 23

(23) In order to ensure uniform implementation of this Regulation in relation to procedures to issue and update of a European services e-card, as well for formalities regarding secondment of staff and movement of self-employed other than the one referred to in the preceding recital, implementing powers should be conferred on the Commission to adopt rules on electronic processing of those procedures. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council.deleted

2017/12/05
Committee: JURI

Gilles LEBRETON, Marie-Christine BOUTONNET

Proposal for a regulation
Recital 25

(25) Procedures for issuing, updating, suspending or revoking a European services e-card should make use of documents only in exceptional circumstances, when more detailed information is absolutely essential. In any case, all of such documents should be used and accepted in simple form.deleted

2017/12/05
Committee: JURI

Gilles LEBRETON, Marie-Christine BOUTONNET

Proposal for a regulation
Recital 26

(26) EU law may allow, in the context of formalities for secondment of staff as regulated professionals or movement of self-employed in relation to control of professional qualifications, for documents to be submitted in special form, for example as certified or authenticated documents. Such certification and authentication, once performed in the Member State of original issue of the document in question, should be accepted throughout the EU.deleted

2017/12/05
Committee: JURI

Gilles LEBRETON, Marie-Christine BOUTONNET

Proposal for a regulation
Recital 27

(27) Certified translation of documents should not be required under this Regulation. The electronic platforms dealing with procedures should provide for a technical solution to translate their content. In order to ensure uniform implementation of this part of the Regulation 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. Rules on translation of documents in the context of posting of workers and application for attestations regarding their social security contributions should not be covered by this Regulation.deleted

2017/12/05
Committee: JURI

Gilles LEBRETON, Marie-Christine BOUTONNET

Proposal for a regulation
Recital 30

(30) Service providers obliged to acquire professional liability insurance in Member States where they have not been active often have difficulty demonstrating their claims history regarding cover obtained elsewhere. Claims histories are an essential element to insurance distributers in ascertaining and assessing the risk profile of a potential client. Demonstration is difficult due to poor communication between insurance distributers across internal market borders but also to disparities in describing the track-record of an insured party, even within the same Member State. Insurance distributers and bodies appointed by a Member State to provide compulsory insurance cover should therefore be obliged to issue a statement relating to the third party liability claims which can then be used across borders and even domestically, should a service provider change insurance distributer.deleted

2017/12/05
Committee: JURI

Gilles LEBRETON, Marie-Christine BOUTONNET

Proposal for a regulation
Recital 31

(31) In order to ensure uniform implementation of this Regulation in relation to the presentation of the description of liabilities, implementing powers to adopt rules on the standardised presentation format of that statement 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

2017/12/05
Committee: JURI

Gilles LEBRETON, Marie-Christine BOUTONNET

Proposal for a regulation
Recital 32

(32) A statement relating to claims history should be instrumental in allowing insurance distributers and bodies appointed by a Member State to provide compulsory indemnity insurance to ban discriminatory practices towards cross- border providers of which information is more scarce and difficult to obtain. The same non-discrimination principle should apply to professional organisations who offer group cover to their members or other service providers.deleted

2017/12/05
Committee: JURI

Gilles LEBRETON, Marie-Christine BOUTONNET

Proposal for a regulation
Recital 37

(37) This Regulation respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. In particular, this Regulation, through the introduction of the European services e-card and related administrative facilities and procedures, seeks to promote the rights of establishment and the right to provide services in any Member State, preventing any discrimination on grounds of nationality and ensuring impartial, fair and reasonably speed procedure, in accordance with Articles 15, 21 and 41 of the Charter of Fundamental Rights of the European Union, while ensuring full respect of the protection of personal data, including in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council28, and giving due consideration to the risk of abuse of rights provided for respectively in Articles 8 and 54 of that Charter. _________________ 28Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1).deleted

2017/12/05
Committee: JURI

Gilles LEBRETON, Marie-Christine BOUTONNET

Proposal for a regulation
Article 4 – paragraph 2

2. The Commission shall specify how the information referred to in points (a) to (h) above is to be presented in the standard form and lay down the technical details of the standard form throughout the European Union, by way of implementing acts. Those implementing acts shall be adopted in accordance with the examination referred to in Article 16(2). The application shall include all the necessary supporting documents, uploaded by the applicant into the electronic platform where the standard form for application is made available.deleted

2017/12/05
Committee: JURI

Gilles LEBRETON, Marie-Christine BOUTONNET

Proposal for a regulation
Article 4 – paragraph 3

~~3. The Commission is empowered to adopt~~ delegated acts in accordance with Article 15 in order to further specify: a) details of the information elements of the standard form listed to in letters paragraph 1, points (a) to (h), which shall be contained in the standard form; b) further documents or categories of documents that are exceptionally required to be included as supporting evidence.;

2017/12/05
Committee: JURI

Gilles LEBRETON, Marie-Christine BOUTONNET

Proposal for a regulation
Article 5

1. Where information on insurance cover is entered into the standard form, in accordance with point (g) of the third subparagraph of Article 4(1), a corresponding insurance certificate shall be attached to the application form. The insurance distributor or the body appointed by a Member State to provide compulsory insurance shall provide the certificate to the applicant upon request. The insurance certificate shall contain information about the existence of professional liability insurance for the services concerned, including the territorial scope of such cover in other Member States, the insured risks, the duration, the insured sums per claim and for all claims in a year, and possible exclusions. 2. The Commission may adopt a harmonised format for the insurance certificate as referred to in the second subparagraph of paragraph 1 by means of an implementing act. Those implementing acts shall be adopted in accordance with the examination referred to in Article 16(2).Article 5 deleted Insurance certificate

2017/12/05
Committee: JURI

Gilles LEBRETON, Marie-Christine BOUTONNET

Proposal for a regulation
Article 6 – paragraph 4

4. The Commission is empowered to adopt technical rules by means of implementing acts concerning the design of the multilingual form referred to in paragraph 1. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 16(2).deleted

2017/12/05
Committee: JURI

Gilles LEBRETON, Marie-Christine BOUTONNET

Proposal for a regulation
Article 7 – paragraph 3

3. The Commission may adopt technical rules by means of implementing acts concerning the design of the multilingual form referred to in paragraph 1. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 16(2).deleted

2017/12/05
Committee: JURI

Gilles LEBRETON, Marie-Christine BOUTONNET

Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1

Providers shall have the right to fully electronic handling and processing of the procedures for the application, issue and update of a European services e-card as well as to fully electronic formalities in accordance with Articles 6(1), 6(3) and 7.deleted

2017/12/05
Committee: JURI

Gilles LEBRETON, Marie-Christine BOUTONNET

Proposal for a regulation
Article 8 – paragraph 2

2. The Commission shall adopt technical specifications for the electronic handling and processing of the procedures referred to in paragraph 1 by means of implementing acts, including measures to ensure the integrity, confidentiality and accuracy of the information, as well as the conditions and the procedures for the holder of a European services e-card to download such information, to allow third parties to access such information and for those third parties to verify that same information. Those implementing acts shall be adopted in accordance with the examination referred to in Article 16(2).deleted

2017/12/05
Committee: JURI

Gilles LEBRETON, Marie-Christine BOUTONNET

Proposal for a regulation
Article 9 – paragraph 3

3. A certified translation shall not be requested for documents used in the context of procedures to issue, update, suspend or revoke a European services e- card or in the context of formalities for secondment of staff and movement of self- employed in accordance with Articles 6 (1) and 7. This shall not affect the right of Member States to require non-certified translations of documents in one of their official languages, in accordance with EU law.deleted

2017/12/05
Committee: JURI

Gilles LEBRETON, Marie-Christine BOUTONNET

Proposal for a regulation
Article 9 – paragraph 4

4. The Commission shall adopt technical rules for automatic translation of information and documents in the context of procedures to issue, update, suspend or revoke a European services e- card or in the context of formalities for secondment of staff and movement of self- employed in accordance with Articles 6(1) and 7 by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination referred to in Article 16(2).deleted

2017/12/05
Committee: JURI

Gilles LEBRETON, Marie-Christine BOUTONNET

Proposal for a regulation
Article 11

Statement relating to third party liability 1. An insurance distributor shall issue, within 15 days of receiving a request to this effect from the policyholder, a statement concerning the third party liability claims related to his activities covered by the contract of professional liability insurance, during the preceding years of the contractual relationship up to a maximum of 5 years, or to the absence of such claims, describing the liabilities arising from provision of the services in question which were the object of a claim. 2. The Commission may adopt rules on the standardised presentation format of the statement referred to in paragraph 1 by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination referred to in Article 16(2).Article 11 deleted claims

2017/12/05
Committee: JURI

Gilles LEBRETON, Marie-Christine BOUTONNET

Proposal for a regulation
Article 12

Obligations for insurance distributors Insurance distributors and bodies appointed by a Member State to provide compulsory insurance shall duly take into account in the acceptance policy and in the calculation of premiums, in a non- discriminatory manner, the experience of the provider as reflected in the claims statement issued in accordance with Article 11, as presented by the provider.Article 12 deleted

2017/12/05
Committee: JURI

Gilles LEBRETON, Marie-Christine BOUTONNET

Proposal for a regulation
Article 13

Obligations for professional organisations Professional organisations, including competent authorities as defined in points (i) and (ii) of Article 3(18), which offer group cover related to professional liability insurance to their members or to providers of services under specific conditions, shall ensure access to such cover, under the same conditions in a non-discriminatory manner, to providers of services from other Member States which express an interest in benefiting from such group cover.Article 13 deleted

2017/12/05
Committee: JURI

Gilles LEBRETON, Marie-Christine BOUTONNET

Proposal for a regulation
Article 14 – paragraph 3 – subparagraph 1

The Commission shall adopt technical rules for the handling and processing of exchanges of information and mutual assistance referred to in paragraphs 1 and 3 by means of implementing acts. This shall be without prejudice to the functioning of the interconnection systems referred to in paragraph 2 of this Article and their respective technical specifications.deleted

2017/12/05
Committee: JURI

31 Amendments of Marie-Christine BOUTONNET related to 2016/0403(COD)

ParlTrack - 2011-2024