24 Amendments of Joëlle MÉLIN related to 2016/0404(COD)
Amendment 5 #
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- discrimination and proportionality. The principle of non-discrimination shall apply to European qualifications and diplomas. This principle shall not apply to the diplomas and qualifications of third countries.
Amendment 17 #
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) This Directive should be without prejudice to Member States’ rules concerning the organisation, content and supervision of professional training.
Amendment 18 #
Proposal for a directive
Recital 7 b (new)
Recital 7 b (new)
(7b) There is a need to ensure that the Member States fulfil to the letter their responsibilities, as set out in Article 168 of the Treaty on Functioning of the European Union, regarding the details of their health policies and how they organise the provision of healthcare services and medical care by dedicated regulated professions.In order to achieve this, such regulated professions should be excluded from the scope of this Directive.
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 alsmust have the option of adopting national requirements to regulate one of the modes of pursuit of a profession in laying down conditions for the use of professional titles.
Amendment 30 #
Proposal for a directive
Recital 9
Recital 9
(9) The burden of proof of justification and proportionality lies on the Member States. The reasons for regulation invoked by a Member State by way of justification should thus be accompanied by an analysis of the appropriateness and proportionality of the measure adopted by that State and by specific evidence substantiating its argumentsright to regulate professions is a matter for the Member States. Member States should evaluate the proportionality of regulated professions at national level and notify it to the Commission, on which the burden of proof will be placed to demonstrate any inconsistencies with the criteria laid down by Union law.
Amendment 35 #
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, following their adoption, 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 39 #
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, for instance 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 46 #
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; roadtransport 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 48 #
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12 a) It is for the Member States to determine the level of protection they wish to grant to the public interest objectives and the proportionate way in which that level is to be achieved.The fact that one Member State imposes less strict rules than another Member State does not mean that the latter Member State's rules are disproportionate and therefore incompatible with the EU law.
Amendment 70 #
Proposal for a directive
Recital 19
Recital 19
(19) Member States should carry out a comparison between the national measure at issue and the alternative and less restrictive solutions that would allow the same objective to be attained but would impose fewer restrictions. Where the measures are justified by consumer protection and where the risks identified are limited to the relationship between the professional and the consumer without negatively affecting third parties, the objective could be attained by less restrictive means than reserving activities to professionals, such as protection of the professional title or enrolment on a professional register. Regulation by way of reserved activities should be used only in cases where the measures aim at preventing a risk of serious harm to public interest objectives.
Amendment 72 #
Proposal for a directive
Recital 20
Recital 20
(20) The national authorities should carry out a global assessment of the circumstances in which the restrictive measurequirement is adopted and implemented and examine in particular the cumulative effect of imposing several requirements in addition to the specific professional qualification. The taking-up and pursuit of certain activities may be conditional on complying with certain provisions such as rules relating to the organisation of the profession, compulsory membership of a professional body, professional ethics, supervision and liability. Therefore, when assessing the cumulative effect of the measures, the competent authorities should also take into account other existing requirements, such as continuous professional development, compulsory chamber membership, registration or authorisation schemes, quantitative restrictions, specific legal form requirements and shareholding requirements, territorial restrictions, multidisciplinary restrictions and incompatibility rules, requirements concerning insurance cover as well as language knowledge requirements, to the extent necessary to practise the profession. When doing so, existing requirements which are not being amended would not be subject to a new proportionality assessment. A measure introduced by a Member State cannot be regarded as necessary to achieve the objective pursued if it essentially duplicates requirements which have already been introduced in the context of other rules or procedures.
Amendment 93 #
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 beforeafter introducing new legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, or after amending existing ones, with a view to ensuring the proper functioning of the internal market.
Amendment 96 #
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Directive shall apply to requirements under the legal systems of the Member States restricting 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. It shall not affect the Member States' prerogative and margin of discretion to decide whether and how to regulate a profession within the limits of the principles of non-discrimination between Europeans, Community preference and proportionality.
Amendment 106 #
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 1 (new)
Article 2 – paragraph 2 – subparagraph 1 (new)
Without prejudice to the application of Directive 2005/36/EC, this Directive shall not apply to professions which provide healthcare services, regardless of the way in which they are organised and financed at national level, or whether they are public or private.
Amendment 125 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that before, after introducing new legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, or after amending existing ones, the relevant competent authoritiesshall undertake an assessment of their proportionality in accordance with the rules laid down in this Directiveonly with regard to important decisions concerning regulated professions, not every profession.
Amendment 136 #
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 shall be substantiated by qualitative and, wherever possible, quantitative evidenceassessment of proportionality of a provision shall be conducted while respecting and ensuring the primacy of freedom of determination for Member States.
Amendment 142 #
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 bodiesmanner.
Amendment 148 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall ensure that legislative, regulatory or administrative provisions restricting 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 156 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The relevant competent authorities shall consider in particular whether thoseA national provision is are objectively justified on the basis oflways justified, necessary and proportionate when it concerns public policy, public security or public health, or by overriding reasons in the public interest, such as preserving the financial equilibrium of the social security system, the protection of research and of the development of arts and crafts, 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.
Amendment 161 #
Proposal for a directive
Article 5 – paragraph 3 – subparagraph 1 (new)
Article 5 – paragraph 3 – subparagraph 1 (new)
Member States shall retain the right to set the minimum level necessary in order to ensure the quality and quantity of the services provided on their territory.A Member State may impose on any non- citizen of the Union wishing to practise a profession in that Member State specific requirements justified by the public interest, such as a geographical area of practice for a certain period or proficiency in the language of that Member State.
Amendment 166 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. BeforeAfter introducing new legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, or after amending existing ones, Member States shall assess whether, in full autonomy, ensure that 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 179 #
Proposal for a directive
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) the nature of the risks related to the public interest objectives pursued, in particular the risks to service recipients, including consumers,to professionals or third parties;
Amendment 182 #
Proposal for a directive
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
(b) the suitability of the provision namely as regards its appropriateness to attain the objective pursuedand whether it genuinely reflects that objective in a consistent and systematic manner and thus, addresses the risks identified in a similar way as in comparable activities;
Amendment 301 #
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Member States shall inform the Commission of the competent public authorities responsible for transmitting and receiving information for the purposes of applying paragraph 1.