Activities of Stanisław OŻÓG related to 2016/0402(COD)
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council on the legal and operational framework of the European services e-card introduced by Regulation ....[ESC regulation]....
Amendments (29)
Amendment 35 #
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Directive means any self- employed economic activity, normally provided for remuneration, as referred to in Article 50 of the Treaty and only applies to the services listed in the Annex.
Amendment 38 #
Proposal for a directive
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
1. "home Member State" means the Member State toin which a provider addressed the application for a European services e-card;ose territory the provider of the service concerned is established.
Amendment 40 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
Member States shall accept a valid European services e-card as proof that its holder is established in the territory of his home Member State and is entitled, in that territory as well as in the territory of the host Member State after completed the required procedures and receiving a final, positive decision from competent authorities of host Member State, to provide the service activities covered by the e-card.
Amendment 41 #
Proposal for a directive
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
After the holder completed the required procedures and received the final, positive decision by competent authorities of host Member State, his e-card shall be a proof that its holder is entitled to perform activity in the territory of the host Member State.
Amendment 42 #
Proposal for a directive
Article 4 – paragraph 1 b (new)
Article 4 – paragraph 1 b (new)
After the holder completed the required procedures and received the final, positive decision by competent authorities of host Member State, his e-card shall be a proof that its holder is entitled, in that territory, to provide the service activities covered by the e-card.
Amendment 45 #
Proposal for a directive
Article 5 – paragraph 5
Article 5 – paragraph 5
5. Paragraphs 1, 2 and 3 are without prejudice to reporting obligations imposed on the holder of a European services e-card or the performance of checks, inspections or investigations from competent authorities during the provision of the service, in compliance with EU law. During the checks, competent authorities competent for inspections or investigations should take into account the e – card as a proof of completion of the requirements appointed in an e–card.
Amendment 52 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
Member States shall ensure that providers with establishment in the territory of one Member State shall have the right to submit an application for a European services e-card to the coordinating authority of that sae home Member State.
Amendment 53 #
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 thes rights to invoke those overriding reasons of public interests, when it is based on the provisions which justified this, recognised under Directive 2006/123/EC, in particular Article 16 thereof, or other acts of EU law.
Amendment 56 #
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 69 #
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
Within two 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). The application form has to include the information about above mentioned requirements. 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. The objection of an application should be always justified.
Amendment 73 #
Proposal for a directive
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
2a. Before issuing the objection by the coordinating authority of the host Member State, the applicant should have a possibility to fulfil the requirements to which he was not obliged in the home Member State. In that case, the time-limit referred to in paragraph 1, shall automatically be extended by two additional weeks. The electronic platform, where the application for a European services e-card has been submitted, shall issue an alert to the coordinating authority of the home Member State to the effect that failure to fulfil requirements by applicant shall imply that the European services e-card shall not be issued to the applicant.
Amendment 76 #
Proposal for a directive
Article 12 – paragraph 4
Article 12 – paragraph 4
4. The Commission is empowered to adopt delegatedimplementing acts in accordance with Article 18 in order to specify the procedure for the coordinating authority of the host Member State to request clarifications or additional information from the home Member State or the applicant, and to modify, if necessary, the time-limits laid down in paragraph 1.
Amendment 77 #
Proposal for a directive
Article 13 – paragraph 1 – subparagraph 1
Article 13 – paragraph 1 – subparagraph 1
In the context of a procedure for issuing a European services e-card for establishment in the form of a branch, agency or office, the coordinating authority of the host Member State shall, within four weeks from receiving the application, identify which, if any, prior authorisation scheme or prior notification scheme as referred to in Article 5(2) is applicable, in compliance with EU law, to such establishment. If such a prior authorisation scheme or prior notification scheme has been identified, the host Member State shall also identify the conditions which the applicant is required to comply with, with the exception of those referred to in Article 5(5). The host Member State shall indicate why the application of such a prior authorisation scheme or prior notification scheme is necessary and proportionate for the pursuance of overriding reasons of public interest.
Amendment 85 #
Proposal for a directive
Article 13 – paragraph 4 – subparagraph 1
Article 13 – paragraph 4 – subparagraph 1
The coordinatingmpetent authority of the host Member State shall assess, within one week upon receipt of proof of compliance with the conditions identified in accordance with paragraph 1, whether to issue the European services e-card or reject the application for the European services e- card.
Amendment 86 #
Proposal for a directive
Article 13 – paragraph 4 – subparagraph 2
Article 13 – paragraph 4 – subparagraph 2
In case the coordinatingmpetent authority of the host Member State decides to issue the European services e-card, it shall do so without delay.
Amendment 88 #
Proposal for a directive
Article 13 – paragraph 4 – subparagraph 3
Article 13 – paragraph 4 – subparagraph 3
Alternatively, the coordinatingmpetent authority of the host Member State may inform the applicant and the coordinating authority of the home Member State of its intention to reject the application, in which case the applicant shall have a week to present its observations.
Amendment 89 #
Proposal for a directive
Article 13 – paragraph 4 – subparagraph 3
Article 13 – paragraph 4 – subparagraph 3
Alternatively, the coordinatingmpetent authority of the host Member State may inform the applicant and the coordinating authority of the home Member State of its intention to reject the application, in which case the applicant shall have a week to present its observations.
Amendment 91 #
Proposal for a directive
Article 13 – paragraph 4 – subparagraph 4
Article 13 – paragraph 4 – subparagraph 4
Upon receipt of the observations of the applicant or, where no observations have been made, upon expiration of the time- limit to present those observations, the coordinating authority of the host Member State shall decide, within one week, whether to issue the European services e- card or reject the application for the European services e-card. Rejection of an application should be always justified.
Amendment 95 #
Proposal for a directive
Article 13 – paragraph 5 – subparagraph 1
Article 13 – paragraph 5 – subparagraph 1
The coordinatingmpetent authority of the host Member State shall be allowed to request necessary clarifications or necessary additional information from the home Member State or the applicant which is not yet contained in the application. In that case, the time limits referred to in paragraphs 1 and 4 are suspended until the requested necessary clarification or necessary additional information is supplied.
Amendment 98 #
Proposal for a directive
Article 13 – paragraph 7
Article 13 – paragraph 7
7. The Commission shall be empowered to adopt delegatedimplementing acts in accordance with Article 18 in order to specify the procedure for the coordinating authority of the host Member State to request clarifications or additional information from the home Member State as referred to in paragraph 5, and to modify if necessary the time-limits mentioned in paragraphs 1 and 4.
Amendment 103 #
Proposal for a directive
Article 15 – paragraph 2 – point iii
Article 15 – paragraph 2 – point iii
(iii) is subject to a final decision, in compliance with Article 4(5) of Directive 2014/67/EC, not subject to appeal under national law, by the host Member State that it considers the holder does not meet one or more conditions applicable for temporary cross- border provision as prescribed by the first subparagraph of Article 11(1), the compliance of which, under the national law of the host Member State, is essential to continued legal provision of the services in question in its territory;
Amendment 104 #
Proposal for a directive
Article 15 – paragraph 2 – point iv
Article 15 – paragraph 2 – point iv
(iv) is subject to a final decision, in compliance with Article 4(5) of Directive 2014/67/EC, not subject to appeal under national law, by the host Member State that it considers the holder does not meet one or more conditions imposed in the context of a prior authorisation or prior notification scheme applicable for establishment as prescribed by the first subparagraph of Article 12(1), the compliance of which, under the national law of the host Member State, is essential to continued legal provision of the services in question in its territory.
Amendment 110 #
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
1. The power to adopt delegatedimplementing acts is conferred on the Commission subject to the conditions laid down in this Article.
Amendment 111 #
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
2. The power to adopt delegatedimplementing acts referred to in Article 12(4) and Article 13(7) shall be conferred on the Commission for a period of five years from […]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
Amendment 113 #
Proposal for a directive
Article 18 – paragraph 4
Article 18 – paragraph 4
4. As soon as it adopts a delegatedn implementing act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
Amendment 114 #
Proposal for a directive
Article 18 – paragraph 5
Article 18 – paragraph 5
5. A delegatedn implementing act adopted pursuant to Article 12(4) and Article 13(7) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Amendment 118 #
Proposal for a directive
Annex I – paragraph 1 – part 4 – paragraph 6 – subparagraph 3 – indent 1 (new)
Annex I – paragraph 1 – part 4 – paragraph 6 – subparagraph 3 – indent 1 (new)
- Group 82.4. registration of a branch, agency, office
Amendment 119 #
Proposal for a directive
Annex I – paragraph 1 – part 4 – paragraph 6 – subparagraph 3 – indent 2 (new)
Annex I – paragraph 1 – part 4 – paragraph 6 – subparagraph 3 – indent 2 (new)
- 82.5 VAT registration
Amendment 120 #
Proposal for a directive
Annex I – paragraph 1 – part 4 – paragraph 6 – subparagraph 3 – indent 3 (new)
Annex I – paragraph 1 – part 4 – paragraph 6 – subparagraph 3 – indent 3 (new)
- 82.6 registration for social security purposes