22 Amendments of Siôn SIMON related to 2016/0404(COD)
Amendment 8 #
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4 a) The proportionality test should not apply to rules laid down in collective agreements negotiated by social partners, which should not be considered as legislative, regulatory or administrative provisions within the meaning of this Directive.
Amendment 11 #
Proposal for a directive
Recital 7
Recital 7
(7) The activities covered by this Directive should concern the regulated professions falling within the scope of Directive 2005/36/EC. This Directive should apply in addition to Directive 2005/36/EC an. In line with the purposes of this Directive, the term "regulated profession" should refer to all existing regulated professions as defined in Directive 2005/36/EC and professions that Member States will regulate in the future so that they will fall under the definition of "regulated professions" of Directive 2005/36/EC. This Directive should be applied without prejudice to other provisions laid down in a separate Union act concerning access to, and the exercise of a given regulated profession.
Amendment 22 #
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8 a) Regulation of professions plays a key role in protecting public interest objectives and should, inter alia, contribute to the promotion of a high level of employment, the guarantee of adequate social protection, the fight against social exclusion, and a high level of education, training and protection of human health and to environmental and consumer protection;effective professional regulation is furthermore of paramount importance in order to ensure high quality products and services.
Amendment 24 #
Proposal for a directive
Recital 8 b (new)
Recital 8 b (new)
(8 b) It is for the Members 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 EU law.
Amendment 25 #
Proposal for a directive
Recital 8 c (new)
Recital 8 c (new)
(8 c) Member States should undertake an assessment of non-discrimination, justification and proportionality in accordance with the rules laid down in this Directive before introducing new, or amending existing legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, taking into account the reasonable margin of appreciation allowed to Member States.The extent and degree of intensity of the assessment shall be proportionate to the nature, the content and the impact of the provisions being introduced.Provisions which would not restrict access to or pursuit of regulated professions, such as editorial amendments, or adaptations of content of training courses or modernisation of training regulations, should not fall within the scope of this Directive.
Amendment 95 #
Proposal for a directive
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
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 States does not mean that the latter Member State's rules are disproportionate and therefore incompatible with EU Law.
Amendment 100 #
Proposal for a directive
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
1 a. Member States shall undertake an assessment of non-discrimination, justification and proportionality in accordance with the rules laid down in this Directive before introducing new, or amending existing legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, taking into account the reasonable margin of appreciation allowed to Member States.The extent and degree of intensity of the assessment shall be proportionate to the nature, the content and the impact of the provision being introduced.Provisions which would not restrict access or pursuit of regulated professions, such as editorial amendments, or adaptations of content of training courses or modernisation of training regulations, shall not fall within the scope of this Directive.
Amendment 116 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that before introducing new legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, or amending existing ones, the relevant competent authorities undertake an assessment of their proportionality, taking into account the necessity to guarantee a high level of protection of fundamental rights guaranteed by Article 6 of Treaty on European Union and the Charter of Fundamental Rights of the European Union, in accordance with the rules laid down in this Directive.
Amendment 149 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The relevant competent authoritiMember States 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 consumusers, recipients of services and workerensuring healthy and safety and decent working conditions, the safeguarding of the proper administration of justice, fairness of trade transactions, combating fraud and prevention of tax evasion and avoidance, road safetyand effectiveness of fiscal supervision, transport safety, guaranteeing the quality of products and services, promotion of research and development, ensuring high standards of education and training, 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, including the encouragement of employment and recruitment and sustainability of employment, and cultural policy objectives.
Amendment 175 #
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, to professionals or third partiesservices recipients, users, including patients, to professionals or third parties, considering that, where there is uncertainty as to existence or extent of risk, a Member State shall be able to take protective measures without having to wait until the reality of those risks becomes fully apparent;
Amendment 213 #
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;
Amendment 216 #
Proposal for a directive
Article 6 – paragraph 2 – point i
Article 6 – paragraph 2 – point i
Amendment 220 #
Proposal for a directive
Article 6 – paragraph 2 – point i
Article 6 – paragraph 2 – point i
(i) the economic impact of the measure, with particular regard to the degree of competition in the market and on the quality of the service provided, as well as the impactnd on the free movement of persons and services within the Union, and on the freedom to choose an occupation;
Amendment 224 #
Proposal for a directive
Article 6 – paragraph 2 – point j
Article 6 – paragraph 2 – point j
(j) the possibility to use less restrictive means to achieve the same or higher level protection of the public interest objective;
Amendment 228 #
Proposal for a directive
Article 6 – paragraph 2 – point k
Article 6 – paragraph 2 – point k
Amendment 242 #
Proposal for a directive
Article 6 – paragraph 4 – introductory part
Article 6 – paragraph 4 – introductory part
4. For the purposes of paragraph 2(k), the relevant competent authoritiMember States shall assess in particular the cumulative effect ofeffect of the new or amending regulation considering that Member States can increase the level of protection of public interest objectives imposing any of the following requirements:
Amendment 276 #
Proposal for a directive
Article 6 – paragraph 4 – point i
Article 6 – paragraph 4 – point i
(i) requirements concerning insurance cover or other means of personal or collective protection with regard to professional liability;
Amendment 290 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
Member States shall, by appropriate means, inform citizens, service recipients, representative associations and relevant stakeholders other than the members of the profession before introducing new legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, or amending existing ones, and give them the opportunity to make known their viewefore introducing new, or amending existing legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, by appropriate means, inform citizens, users, social partners, representative associations and all relevant stakeholders other than the members of the profession, and give them the opportunity to make known their views through a public and transparent consultation. To this purpose, Member States may use national procedures.
Amendment 296 #
Proposal for a directive
Article 8 – title
Article 8 – title
Exchange of information between competent authoritiMember States
Amendment 300 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. For the purposes of the efficient application of this Directive, before introducing new legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, or amending existing ones, Member Statesthe Commission shall encourage the exchange of information with competent authorities of otherbetween Member States on matters covered by this Directive, such as the particular way they regulate a profession or the effects of regulation identified in similar sectors of activities, on a regular basis, or, where appropriate, on an ad hoc basis.
Amendment 302 #
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Member States shall inform the Commission of the competentpublic authorities responsible for transmitting and receiving information for the purposes of applying paragraph 1.
Amendment 308 #
Proposal for a directive
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
2 a. Member States shall not submit new legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, or amending existing ones assessed in accordance with this Directive , to any other ex ante procedure to assess their compatibility with EU legislation prior to its adoption.