13 Amendments of Ulrike MÜLLER related to 2016/0404(COD)
Amendment 19 #
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7 a) This Directive establishes rules which should be applied before introducing new, or amending existing, legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions.Provisions which would not restrict access to or pursuit of regulated professions, for instance editorial amendments, or technical adaptions to content of training courses or modernisation of training regulations, should not fall within the scope of this Directive.
Amendment 30 #
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. Where these objectives apply, regulation of professions should be considered as a necessary safeguard of the public interest rather than an obstacle to competition and free movement. 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, including patients, 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 36 #
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12 a) Where a regulation of professions is justified by the protection of public health, the special characteristics of health services should be borne in mind. Health services are particularly different from other services, as are patients from other service recipients.Due to this distinct nature it should be assumed that health professions are typically subject to regulation of professions.
Amendment 37 #
Proposal for a directive
Recital 12 b (new)
Recital 12 b (new)
(12 b) It is for the Member States to determine the level of protection which they wish to afford 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 Union law.
Amendment 51 #
Proposal for a directive
Recital 20 a (new)
Recital 20 a (new)
(20 a) The introduction of additional requirements may provide an added value to the public interest objective and the fact that their combined effect should be assessed does not mean that those requirements are disproportionate.For instance, continuous professional development requirements may be suitable to ensure that professionals keep abreast of developments in their respective areas, while contributing to safe practice in professions with particular risks, and where it covers technical, scientific, regulatory and ethical developments, and motivates professionals to participate in lifelong learning relevant to their profession;where it is necessary and suitable to achieve the public interest objective, compulsatory chamber membership may be considered to be appropriate, in particular where chambers have a public mandate.
Amendment 55 #
Proposal for a directive
Recital 20 b (new)
Recital 20 b (new)
(20 b) The proportionality criteria as set out in this Directive should be applied to the appropriate extent and degree of intensity during an assessment of proportionality undertaken before introducing new provisions, or amending existing ones.The extent and degree of intensity applied during the assessment should be proportionate to the content of the provision being introduced and to its impact.
Amendment 61 #
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 market. It does 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 and proportionality.
Amendment 80 #
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 statementn explanation making it possible to appraise compliance with the principle of proportionality.
Amendment 82 #
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 and relevant, quantitative evidence.
Amendment 90 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The relevant competent authorities shall consider in particular whether those provisions are objectively justified on the basis of 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 consumers, recipients of services, including patients, 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 96 #
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 shall consider in particularextent of the assessment shall be proportionate to the content and the impact of the provision. The relevant competent authorities shall consider the following criteria where applicable to the respective provision:
Amendment 99 #
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 consumers, toservice recipients, including patients, professionals or third parties;
Amendment 107 #
Proposal for a directive
Article 6 – paragraph 2 – point h
Article 6 – paragraph 2 – point h
(h) the scientific and technological developments which may effectively reduce the asymmetry of information between professionals and consumers;