20 Amendments of Ivan ŠTEFANEC related to 2016/0402(COD)
Amendment 81 #
Proposal for a directive
Title 1
Title 1
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].... (Text with EEA relevance) and for the coordination of provisions concerning the freedom of establishment and the freedom to provide certain services
Amendment 154 #
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, authorities competent for inspections or investigations shall take into account the European services e– card as a proof of completion of the requirements foreseen in a European services e–card.
Amendment 174 #
Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – point c
Article 11 – paragraph 1 – subparagraph 1 – point c
(c) verify whether European services e- cards issued in relation to other home Member States for the same provider and service activityies have been revoked or cancelled, or that cancelation has been requested to allow replacement of those e- cards by the European services e-card to which the application refers to;
Amendment 184 #
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 2
Article 12 – paragraph 1 – subparagraph 2
The host Member State shall take due account in that assessment of the requirements that the applicant already meets in its home Member States. For the purpose of that assessment and within the above-mentioned time-limit, the coordinating 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 limit referred to in this paragraph is suspended until the requested necessary clarification or necessary additional information is supplied. If the host Member State finds that the requirements already met by the applicant in its home Member State sufficiently fulfil the purpose of the requirement imposed by the host Member State, the host Member State cannot object the European services e-card. The procedure for requesting clarifications or additional information will be laid down by way of the delegated acts referenced in paragraph 4.
Amendment 191 #
Proposal for a directive
Article 12 – paragraph 3 – subparagraph 1
Article 12 – paragraph 3 – subparagraph 1
Amendment 197 #
Proposal for a directive
Article 13 – paragraph 1 – subparagraph 2
Article 13 – paragraph 1 – subparagraph 2
Amendment 199 #
Proposal for a directive
Article 13 – paragraph 3 – subparagraph 1
Article 13 – paragraph 3 – subparagraph 1
Upon receipt of the reactdecision byof the coordinating authority of the host Member State to the applicationimpose requirements under its national law in accordance with paragraph 1, the applicant shall be allowed to provide proof of compliance with the conditions identified by the coordinating authority of the host Member State under the paragraph 1therein.
Amendment 204 #
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. The declaration of intention of rejection of the application and the decision to reject the application, notified to the holder of the European services e-card through the electronic platform where the standard form for application is made available, shall be fully reasoned, detailing which of the conditions identified in accordance with paragraph 1 have been deemed not complied with by the applicant and the reasons therefore.
Amendment 207 #
Proposal for a directive
Article 13 – paragraph 5 – subparagraph 1 a (new)
Article 13 – paragraph 5 – subparagraph 1 a (new)
Where the coordinating authority of the host Member State intends to reject the application in accordance with the conditions laid down in this Article, the coordinating authority of the host Member State shall inform the applicant and the coordinating authority of the home Member State, and state its reasons. The applicant shall have two weeks to submit its observations.
Amendment 208 #
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 andincluding documents which are available to those authorities in accordance with paragraph 2 of this Article or Article 14(32) 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).
Amendment 210 #
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The coordinating authority in the home Member State shall obtain the information andincluding documents required for the purposes referred to in paragraph 1 which are available to other authorities in the home Member State or originate from those authorities, in accordance with the rules on the protection of personal data as provided for in Directive 95/46/EC, Regulation (EU) No 2016/679 and national legislation.
Amendment 214 #
Proposal for a directive
Article 15 – paragraph 2 – point i
Article 15 – paragraph 2 – point i
(i) made use of information orincluding documents in the context of the procedure to issue the e-card which have been ascertained to be fraudulent, inaccurate or falsified by a final decision of either home or host Member State, not subject to appeal under the applicable national law;
Amendment 220 #
Proposal for a directive
Article 16 – paragraph 3 – point vi
Article 16 – paragraph 3 – point vi
(vi) is no longer legally established in the home Member State, for any other reason.
Amendment 221 #
Proposal for a directive
Article 17 – paragraph 1 – subparagraph 1
Article 17 – paragraph 1 – subparagraph 1
A Member State which detects a reason to trigger the suspension or revocation of a European services e-card, in accordance with Articles 15 or 16, occurring in its territory shall communicate via IMI to the holder of the European services e-card in question the motivation therefore and shall give it the opportunity to be heard. The preceding subparagraph shall not apply in case of a measure put in place in accordance with Article 18 of Directive 2006/123/EC.
Amendment 223 #
Proposal for a directive
Article 17 – paragraph 2 – subparagraph 1
Article 17 – paragraph 2 – subparagraph 1
Once a Member State concludes on the need to suspend or revoke a European services e-card it shall do so without delay, in case its coordinating authority is the issuing authority of the e-card in question, or it shall communicate without delay to the issuing coordinating authority its conclusion on the need to suspend or revoke the European services e-card in question, including by application of a measure put in place in accordance with Article 18 of Directive 2006/123/EC.
Amendment 224 #
Proposal for a directive
Article 17 – paragraph 2 – subparagraph 2
Article 17 – paragraph 2 – subparagraph 2
The notification mentioned in Article 35(6) of Directive 2006/123/EC shall constitute the communication referred to in the first subparagraph, as appropriate. The issuing coordinating authority which receives the communication of a conclusion on the need to suspend or revoke the European services e-card from another Member State shall immediately suspend or revoke the European services e- card in question, as appropriate.
Amendment 227 #
Proposal for a directive
Chapter 3 a (new)
Chapter 3 a (new)
Amendment 257 #
Proposal for a directive
Annex I – Section N – Division 82 – Group 82.4 (new)
Annex I – Section N – Division 82 – Group 82.4 (new)
Group 82.4. Registration of a branch, agency, office
Amendment 258 #
Proposal for a directive
Annex I – Section N – Division 82 – Group 82.5 (new)
Annex I – Section N – Division 82 – Group 82.5 (new)
82.5 VAT registration
Amendment 259 #
Proposal for a directive
Annex I – Section N – Division 82 – Group 82.6 (new)
Annex I – Section N – Division 82 – Group 82.6 (new)
82.6 Registration for social security purposes