39 Amendments of Dario TAMBURRANO related to 2016/0402(COD)
Amendment 17 #
Proposal for a directive
Recital 3
Recital 3
(3) Directive 2006/123/EC requires Member States to put in place and keep constantly updated Points of Single Contacts where a service provider wishing to establish or to provide services can find all relevant information about requirements to be complied with and e-procedures in respect of all formalities, authorisation and notifications to go through. However, costly information challenges and difficulties complying with national procedures at a distance remain to date for service providers, namely for sector-related requirements. Cooperation between authorities in different Member States should in principle take place viathrough an updated version of the Internal Market Information System (IMI), an IT-platform offered for cross-border exchange of information and mutual assistance under that Directive. Despite the fact that authorities sometimes have doubts with regard to the legal establishment of a provider in another Member State, the possibilities for cooperation currently provided in IMI are not exploited to their full potential. Formalities associated with authorisations and notifications often require paper documents to be submitted and to be translated at a significant cost. Information regarding these obstacles is either not available online or is scarce, incomplete, dispersed and difficult to interpret in relation to the particular circumstances of a provider expanding across borders, as national rules often target purely domestic situations. Service providers often risk resubmitting information and documents.
Amendment 21 #
Proposal for a directive
Recital 11
Recital 11
(11) This Directive also includes a framework for the validity and the reasons for suspending or revoking a European services e-card throughout the European Union. WFor service providers applying for a temporary cross-border provision, the validity of the e-card should be set at 36 months. Providers applying for provision of services through branches, agencies and offices should be eligible for an e- card of indefinite duration. Furthermore, whenever a service provider cannot legally continue to provide services across borders, the reason for which it initially applied for an e-card, that same e-card should be suspended or revoked, accordingly.
Amendment 22 #
Proposal for a directive
Recital 12
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, released through an online platform, stating that a service provider is legally established in a Member State (the home Member State). Host Member States where a service provider is interested in expanding to should furthermore not apply, to holders of an e-card, their prior authorisation or notifications schemes put in place under national law to control access to or exercicse of service activities, which is already the object of control before issue of a European services e-card.
Amendment 23 #
Proposal for a directive
Recital 18
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, in both the home and host Member States, should however remain admissible to control service performance, as under current EU Law. Those ex-post checks are strongly recommended in respect of released e-cards of indefinite duration. 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.
Amendment 24 #
Proposal for a directive
Recital 21
Recital 21
(21) There are two types of European services e-cards offered to service providers: a simpler procedure, for an e- card with a validity period of 36 months, 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, for an e-card with a validity period of indefinite duration, 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.
Amendment 25 #
Proposal for a directive
Recital 26
Recital 26
(26) A coordinating authority of the host Member State should provide clarity as to which requirements apply to the incoming service provider, considering the latter is already established in another Member State. The coordinating authority of the host Member State should ensure, through the relevant webpage and the authorities’ offices, that the provider knows which requirements govern performance of services in the host Member States, including those applicable once it obtains the European services e- card. For establishment, i.e., provision of services through branches, agencies or offices, the identification of applicable requirements by the coordinating authority of the host Member State fulfils a different purpose: it lists the requirements the compliance of which the incoming service provider is required to prove before the e- card can be issued. Where a host Member State has put in place a comprehensive and updated information database in its point of single contact, its coordinating authority can refer in particular to the relevant webpage from where the information can be retrieved in the context of the European services e-card procedure.
Amendment 26 #
Proposal for a directive
Recital 27
Recital 27
Amendment 28 #
Proposal for a directive
Recital 37
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 twohree 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. Nevertheless, the authority of the host Member State should be granted a six month period, from the date of the automatic release of the e- card, in which to revise the application.
Amendment 30 #
Proposal for a directive
Recital 42
Recital 42
(42) A European services e-card should be valid for an indefinite period in timeFor providers applying for provision of services through branches, agencies and offices, the European services e-card should be valid for an indefinite period in time. However, it should be valid for a limited period of 36 months for the service providers applying for a temporary cross-border services, without prejudice to, in relation to temporary cross-border services, the effects of case-by-case derogations in accordance with Directive 2006/123/EC.
Amendment 34 #
Proposal for a directive
Article 2 – paragraph 3 – subparagraph 2
Article 2 – paragraph 3 – subparagraph 2
This Directive shall be without prejudice to the rights of workers, the obligations of service providers and related controls in Member States laid down in Directives 96/71/EC and 2014/67/EU. In order to bolster the rights and obligations laid down in those Directives, following the transposition of this Directive, the Commission should take action against any cases of social dumping. For this purpose, the Commission should consider submitting a legislative proposal for the broadening of Union competition law.
Amendment 43 #
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1
Article 7 – paragraph 2 – subparagraph 1
A European services e-card shall be valid for an indefinite duration, unless suspended, revoked or cancelled, in accordance with Articles 15 to 17, for 36 months for the service providers applying for temporary cross-border services, and for an indefinite duration for the providers applying for provision of services through branches, agencies and offices.
Amendment 49 #
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
Within twohree weeks from receiving the application the coordinating authority of the host Member State shall examine it and inform the applicant and the home Member State of any requirements applicable to temporary cross-border provisions under the legislation of the host Member State with the exception of those referred to in Article 5(4). In line with the rights of Member States as referred to in Article 10, the coordinating authority of the host Member State may within the same time- limit, decide to object to the issue of the European services e-card by the coordinating authority of the home Member State where it demonstrates that the application of a prior authorisation scheme, prior notification scheme or requirements to the applicant is justified for one of those overriding reasons of public interest set out in Article 16 of Directive 2006/123/EC or is admissible in accordance with other acts of EU law.
Amendment 52 #
Proposal for a directive
Article 12 – paragraph 3 – subparagraph 1
Article 12 – paragraph 3 – subparagraph 1
If the host Member State does not object in accordance with paragraph 1, the coordinating authority of the home Member State shall issue the European services e-card without delay upon expiration of the extended time-limit resulting from the application of paragraph 2. In the absence of any objection under the second subparagraph of paragraph 1 and failing a decision by the coordinating authority of the home Member State upon expiration of the extended time-limit resulting from the application of paragraph 2, the European services e-card shall be deemed to have been issued by the home Member State in the terms communicated to the host Member State in accordance with Article 11(2). If the European services e-card has been automatically issued, the authority of the host Member State shall be granted a three-month period, from the date of the release, in which to revise the application.
Amendment 84 #
Proposal for a directive
Recital 3
Recital 3
(3) Directive 2006/123/EC requires Member States to put in place and keep constantly updated Points of Single Contacts where a service provider wishing to establish or to provide services can find all relevant information about requirements to be complied with and e-procedures in respect of all formalities, authorisation and notifications to go through. However, costly information challenges and difficulties complying with national procedures at a distance remain to date for service providers, namely for sector-related requirements. Cooperation between authorities in different Member States should in principle take place viathrough a more complex and sophisticated version of the Internal Market Information System (IMI), an IT-platform offered for cross- border exchange of information and mutual assistance under that Directive. Despite the fact that authorities sometimes have doubts with regard to the legal establishment of a provider in another Member State, the possibilities for cooperation currently provided in IMI are not exploited to their full potential. Formalities associated with authorisations and notifications often require paper documents to be submitted and to be translated at a significant cost. Information regarding these obstacles is either not available online or is scarce, incomplete, dispersed and difficult to interpret in relation to the particular circumstances of a provider expanding across borders, as national rules often target purely domestic situations. Service providers often risk resubmitting information and documents. The IMI system should therefore be implemented with a public interface for service providers, interconnections with other relevant systems, a back-office function for national authorities, a better system for data matching, data mining and data processing so the authorities are able to carry out checks in real time and thereby limit the proliferation of fraudulent practices and letterbox companies.
Amendment 85 #
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) To make applying for the European services e-card easier, the Commission should produce a standard model for each service type.Each model should take the specific nature of that particular service into account, so as to standardise the e-card application procedure and make it easier for service providers.The models should be included in the IMI system together with guidelines for their use.
Amendment 96 #
Proposal for a directive
Recital 10
Recital 10
(10) This Directive clarifies the conditions under which service providers concerned can benefit from the European services e-card introduced by Regulation …[ESC Regulation]…, which respective role the home and the host Member State should have and which actions of the home Member State should be accepted by a host Member State. The European services e- card is a voluntary and entirely free instrument for the service provider.
Amendment 98 #
Proposal for a directive
Recital 11
Recital 11
(11) This Directive also includes a framework for the validity and the reasons for suspending or revoking a European services e-card throughout the European Union. WFor service providers applying for a temporary cross-border provision, the validity of the e-card should be set at 36 months. Service providers applying to provide services through branches, agencies and offices should be eligible for an e-card of indefinite duration. Furthermore, whenever a service provider cannot legally continue to provide services across borders, the reason for which it initially applied for an e-card, that same e- card should be suspended or revoked, accordingly.
Amendment 100 #
Proposal for a directive
Recital 12
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, issued through the IMI online platform, stating that a service provider is legally established in a Member State (the home Member State). Host Member States where a service provider is interested in expanding to should furthermore not apply, to holders of an e-card, their prior authorisation or notifications schemes put in place under national law to control access to or exercicse of service activities, which is already the object of control before issue of a European services e-card.
Amendment 102 #
Proposal for a directive
Recital 14
Recital 14
(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. Furthermore, the principles laid down in this Directive shall be without prejudice to Directives 2014/23/EU and 2014/25/EU and the procedures contained in the European Single Procurement Document (ESPD).
Amendment 104 #
Proposal for a directive
Recital 15
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 and for Directive 2014/67/EU of the European Parliament and the Council of 15 May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System, even if mentioned in sector- specific legislation. _________________ 21 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 109 #
Proposal for a directive
Recital 18
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, in both the home and host Member States, should however remain admissible to control service performance, as under current EU Law. Those ex-post checks are strongly recommended in respect of e-cards issued for an indefinite duration. 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.
Amendment 111 #
Proposal for a directive
Recital 21
Recital 21
(21) There are two types of European services e-cards offered to service providers: a simpler procedure, for an e- card with a validity period of 36 months, 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, for an e-card with a validity period of indefinite duration, 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.
Amendment 113 #
Proposal for a directive
Recital 26
Recital 26
(26) A coordinating authority of the host Member State should provide clarity as to which requirements apply to the incoming service provider, considering the latter is already established in another Member State. The coordinating authority of the host Member State should ensure, through the relevant webpage and the authorities’ offices, that the provider knows which requirements govern performance of services in the host Member States, including those applicable once it obtains the European services e- card. For establishment, i.e., provision of services through branches, agencies or offices, the identification of applicable requirements by the coordinating authority of the host Member State fulfils a different purpose: it lists the requirements the compliance of which the incoming service provider is required to prove before the e- card can be issued. Where a host Member State has set up a comprehensive and updated information database in its point of single contact, its coordinating authority can refer in particular to the relevant webpage from where the information can be retrieved in the context of the European services e-card procedure.
Amendment 117 #
Proposal for a directive
Recital 29
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. This should also apply in the post-issuance period where a cardholder is judged by the Member States to pose a real threat to the public interest, prompting them to open an investigation for fraud or the provision of inaccurate or falsified information or documentation. The possibilities and prerogatives of host Member States under Article 16 of Directive 2006/123/EC apply in the context of issuing a European services e-card.
Amendment 121 #
Proposal for a directive
Recital 35
Recital 35
(35) The host Member State should no longermust at all times have the right to control whether the applicant for a European services e-card is legally established in another Member State. Nor should it put into question and must also be able to check the veracity and validity of the data and documents included in an application, onceeven after they have been 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.
Amendment 124 #
Proposal for a directive
Recital 37
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 twohree 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.
Amendment 125 #
Proposal for a directive
Recital 38
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 ofThe information contained on the card should correspond to that contained in 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 so that the decisions and modifications regarding service providers registered by the home Member State are automatically reflected in the service provider's card, making it easier 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. _________________ 28 Regulation (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). 29 Directive 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 Regulation (EU) 2016/679 of the 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).
Amendment 128 #
Proposal for a directive
Recital 42
Recital 42
(42) A European services e-card should be valid for an indefinite period in time, without prejudice to, in relation to temporary cross-border services, the effects of case-by-case derogations in accordance with Directive 2006/123/EC. The information contained on the card must be updated annually by service providers and verified continuously by the Member States through ex-post controls.
Amendment 136 #
Proposal for a directive
Article 2 – paragraph 3 – subparagraph 2
Article 2 – paragraph 3 – subparagraph 2
This Directive shall be without prejudice to the rights of workers, the obligations of service providers and related controls in Member States laid down in Directives 96/71/EC and 2014/67/EU. and shall not affect in any way the right of Member States to verify whether a company is established in its territory. Furthermore, in order to strengthen the rights and obligations laid down in these Directives, the Commission, after the transposition of this Directive, shall take action against cases of social dumping and consider the possibility of tabling a legislative proposal to extend the scope of EU competition law.
Amendment 139 #
Proposal for a directive
Article 2 – paragraph 3 – subparagraph 2 a (new)
Article 2 – paragraph 3 – subparagraph 2 a (new)
Furthermore, this Directive shall be without prejudice to Directives 2014/23 and 2014/25 and the procedures contained in the European Single Procurement Document (ESPD).
Amendment 158 #
Proposal for a directive
Article 6 – paragraph 1 – point iii
Article 6 – paragraph 1 – point iii
(iii) registration with mandatory social insurance schemes for self-employed workers.
Amendment 162 #
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1
Article 7 – paragraph 2 – subparagraph 1
A European services e-card shall be valid for an indefinite duration, unless suspended, revoked or cancelled, in accordance with Articles 15 to 17, 36 months in the case of service providers applying for temporary cross-border services, and for an indefinite duration for the providers applying for provision of services through branches, agencies and offices.
Amendment 163 #
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 2
Article 7 – paragraph 2 – subparagraph 2
This shall be without prejudice to measures put in place in accordance with Article 18 of Directive 2006/123/EC and the provisions adopted under Article 7 of Directive 2005/36/EC.
Amendment 168 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
In assessing applications for the European services e-card, Member States shall retain the right to invoke those overriding reasons of public interests recognised under Directive 2006/123/EC, in particular Article 16 thereof, or other acts of EU law. Member States shall retain the right to request, at any time, clarification or additional information from the Member State of origin or the applicant.
Amendment 173 #
Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – introductory part
Article 11 – paragraph 1 – subparagraph 1 – introductory part
The coordinating authority of the home Member State shall within onetwo weeks of having received an application for a European services e-card:
Amendment 181 #
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
Within twohree weeks from receiving the application the coordinating authority of the host Member State shall examine it and inform the applicant and the home Member State of any requirements applicable to temporary cross-border provisions under the legislation of the host Member State with the exception of those referred to in Article 5(4). In line with the rights of Member States as referred to in Article 10, the coordinating authority of the host Member State may within the same time- limit, decide to object to the issue of the European services e-card by the coordinating authority of the home Member State where it demonstrates that the application of a prior authorisation scheme, prior notification scheme or requirements to the applicant is justified for one of those overriding reasons of public interest set out in Article 16 of Directive 2006/123/EC or is admissible in accordance with other acts of EU law.
Amendment 209 #
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
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). The coordinating authority of the home Member State shall require service providers to update annually information and documents in the IMI system.
Amendment 215 #
Proposal for a directive
Article 15 – paragraph 2 – point i a (new)
Article 15 – paragraph 2 – point i a (new)
(ia) is the subject of an investigation by one or more Member States where there is evidence of fraud or that inaccurate or false information or documents have been provided;
Amendment 231 #
Proposal for a directive
Article 21 – paragraph 2
Article 21 – paragraph 2
By 36 months after the date for transposition of this Directive and at the latest every fivthree 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.