18 Amendments of Ivan ŠTEFANEC related to 2016/0398(COD)
Amendment 43 #
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) Amendments or modifications to draft measures introduced by legislative assemblies or national parliaments during the parliamentary procedure should not be covered by the notification obligation to notify prior to adoption, as laid down by this Directive. Member States notify such modifications without delay after the adoption of the measure.
Amendment 54 #
Proposal for a directive
Recital 7 b (new)
Recital 7 b (new)
(7b) Directive2006/123/EC is a horizontal legal instrument affecting a significant number of laws, regulations and administrative provisions at different levels within a Member State's governance structures. In order to facilitate the competent authorities' compliance with this Directive and to maximise the efficiency of the notification procedure and reduce the administrative burden of that procedure, the Commission should provide guidance regarding the practical aspects of the notification procedure, including for municipal and local authorities. In order to ensure that the notification obligations of such authorities are proportionate, draft measures implementing authorisation schemes or requirements which have already been notified to the Commission and adopted by the Member State concerned at national level should not be subject to notification, in so far as those measures do not extend the scope or content, or make the already notified authorisation schemes or requirements more restrictive.
Amendment 60 #
Proposal for a directive
Recital 8
Recital 8
(8) The obligation for Member States to notify draft measures laying down authorisation schemes or requirements referred to in Article 4 of this Directive at least three months before their adoption is designed to ensure that measures to be adopted comply with Directive 2006/123/EC. In order for the notification procedure to be effective, a consultation on notified measures should take place sufficiently in advance of their adoption. This is appropriate to foster good cooperation and transparency between the Commission and Member States and to further develop exchanges between the Commission and national authorities on new or amended authorisation schemes and certain requirements covered by Directive 2006/123/EC, in accordance with Article 4(3) of the Treaty on European Union (TEU). With a view to ensuring the effectiveness of the procedure, breach of the obligation to notify, or a failure to notify a significantly modified draft measure, or a failure to notify a draft measure within foreseen time limits, or to refrain from adopting a notified measure, including during the period following the receipt of an alert, should be considered to be a substantial procedural defect of a serious nature as regards its effects vis-à- vis individuals.
Amendment 64 #
Proposal for a directive
Recital 9
Recital 9
(9) In the spirit of transparency and cooperation, where substantive amendments are made to a draft measure that is subject to an ongoing notification procedure under this Directive, the Commission, other Member States and stakeholders should be made aware of such amendments by the notifying Member State in due time. Modifications of merely clerical nature should not be communicated. In such cases, the notifying Member State should notify those modifications at least one month prior to their adoption.
Amendment 91 #
Proposal for a directive
Recital 14
Recital 14
(14) Where following the consultation the Commission still has concerns about the compliance with Directive 2006/123/EC of the notified draft measure, it may alert the notifying Member State, giving it the opportunity to bring its draft measure into conformity with EU law. That alert should include an explanation of the legal concerns identified by the Commission. Reception of such an alert entailsignifies that the notifying Member State shall not adopt the notified measure for three months.
Amendment 100 #
Proposal for a directive
Recital 15
Recital 15
(15) Failure to comply with the obligation to notify draft measures at least three months prior to their adoption, or to notify a significantly modified draft measure, or to notify a draft measure within foreseen time limits, and/or to refrain from adopting the notified measure during this period and, as the case may be, during the 3 months following the reception of an alert, should be considered to be a substantial procedural defect of a serious nature as regards its effects vis-à- vis individuals.
Amendment 134 #
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Where a Member State substantially modifies a notified draft measure with the effect of significantlysubject to an ongoing notification procedure, extending its scope or content, or shortening the timetable originally envisaged for implementation, or adding requirements or authorisation schemes, or making thoseor tightening requirements or authorisation schemes more restrictive for the establishment, or the cross-border provision of services, ithe Member State shall notmodify the modified draft measure previously notified under paragraph 1 again, including an explanation of the objective and content of the modifications. In such a case, the previous notification shall be deemed to be withdrawninitial notification, including an explanation of the objective and content of the notified modifications.
Amendment 138 #
Proposal for a directive
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2 a. In case a draft measure subject to an ongoing notification procedure is amended by Member States Parliaments, such measure may be adopted, as modified, by Member States Parliaments. Member States shall notify such modification within two weeks after the adoption of the measure.
Amendment 143 #
Proposal for a directive
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3 a. Member States shall not be obliged to notify draft measures implementing authorisation schemes or requirements which have already been notified to the Commission and adopted in the Member State concerned, in so far as those measures do not extend the scope or content, or make the already notified authorisation schemes or requirements more restrictive for the establishment or the cross-border provision of services.
Amendment 153 #
Proposal for a directive
Article 3 – paragraph 4
Article 3 – paragraph 4
4. The breach of one of the obligations set out in Article 3(1), (2) and (3) orand in Article 6(2) shall constitute a substantial procedural defect of a serious nature as regards its effects vis-à-vis individuals.
Amendment 162 #
That information shall identify the overriding reason relating to the public interest pursued and give the reasons why the notified authorisation scheme or requirement is non-discriminatory on grounds of nationality or residence and why it is proportionate.
Amendment 171 #
Proposal for a directive
Article 3 – paragraph 8 a (new)
Article 3 – paragraph 8 a (new)
8 a. Paragraphs (3) and (3a) shall not apply when a Member State has to adopt urgent measures due to serious and unforeseeable circumstances related to the protection of public order, public safety, public health or the protection of the environment. The Member State shall notify the Commission of the urgent measure and the reasons for the urgency that triggered its adoption not later than the day on which that urgent measure is adopted. The Commission shall give its views on this communication as soon as possible. It shall take appropriate action in cases where improper use is made of this procedure.
Amendment 180 #
Proposal for a directive
Article 4 – paragraph 1 – point e a (new)
Article 4 – paragraph 1 – point e a (new)
(e a) requirements on rules for commercial communications referred to in Art.24 of Directive 2006/123
Amendment 181 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
Amendment 210 #
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. UponAfter receipt of such an alert, the notifying Member State shall not adopt the draft measure for a period of three months after the closure of the consultation period.
Amendment 227 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
Where the Commission has issued an alert in accordance with Article 6(1), it may, within a period of three months after the date of the closure of the consultation period referred to in Article 5(2), adopt a Decision finding the draft measure to be incompatible with Directive 2006/123/EC and requiring the Member State concerned to refrain from adopting the notified draft measure or, if such measure has been adopted in breach of Article 3(3) or Article 6(2), to repeal it.
Amendment 234 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
The Commission shall publish on a dedicated public website the notifications made by Member States under Articles 3(1) and (2) and the related adopted measures under Article 3(7).
Amendment 242 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. By [36 months after the date for transposition of this Directive] and at the latest every five years thereafter, the Commission shall present a report to the European Parliament, the Council and the European Economic and Social Committee on the application of this Directive, including an assessment of any improper use to circumvent the application of the notification procedure established in this Directive.