30 Amendments of Marco ZULLO related to 2016/0398(COD)
Amendment 32 #
Proposal for a directive
Recital 6
Recital 6
(6) The effective enforcement of the rules governing the internal market for services set out in Directive 2006/123/EC should be enhanced by improving the existing notification procedure established by that Directive in respect of national authorisation schemes and certain requirements concerning both access to self-employed activities and their exercise. The prevention of the adoption of national provisions establishing requirements and authorisation schemes that would be contrary to Directive 2006/123/EC should be facilitated. This Directive is without prejudice to the Commission's powers under the Treaties and the Member States' obligation to comply with the provisions of Union lawis Directive lays down a procedure enabling Member States and the Commission to work together to avoid discrimination on the basis of citizenship or residency, and unjustified or disproportionate requirements. This does not restrict in any manner the sovereign right of Member States to regulate services activities.
Amendment 51 #
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) The notification obligation should not apply to draft measures repealing authorisation schemes or requirements or measures implementing authorisation schemes that have already been notified to the Commission. Measures implementing binding acts of the Union should also be excluded from the notification obligation.
Amendment 52 #
Proposal for a directive
Recital 7 b (new)
Recital 7 b (new)
(7b) The notification obligation shall not apply to: (a) rules contained in collective contracts concluded with the social partners; (b) administrative acts issued by local bodies, such as town planning and building planning in a municipal framework, and participation in land planning at the supralocal level; the usage and intended use of areas owned by the State; the organisation of public services of general interest with a local scope, including public transport services; the planning and management of the local social services system and the provision of relevant services to citizens; school services and promotion of the right to study, including at university; regional organisation of professional training services; programming and organisation of health and social services; rules on cultural activities, the promotion of environmental, cultural and landscape assets; promotion and organisation of tourism; (c) services excluded from the scope of Directive 2006/123/EC, pursuant to Articles 17 and 18 of that Directive.
Amendment 56 #
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 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 68 #
Proposal for a directive
Recital 10
Recital 10
(10) The information to be submitted by the notifying Member State following an alert from the Commission should be sufficient to assess compliance with Directive 2006/123/EC and, in particular, the proportionality of a notified authorisation scheme or requirement. Therefore, in accordance with the case-law of the Court of Justice of the European Union (CJEU), such information should clarify the public interest objective pursued, and set out how the notified authorisation scheme or requirement is necessary and justified to meet this objective and explain how it is proportionate in doing so; thus, it should include explanations on why it is suitable, why it does not go beyond what is necessary and why no alternative and less restrictive means would be available. The reasons which may be invoked by the Member State concerned by way of justification should be accompanied by appropriate evidence and by an analysis of the proportionality of the notified measurappropriate for meeting this objective.
Amendment 75 #
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10a) This Directive enables Member States to derogate from the notification obligation when they have to adopt urgent measures to protect public order, public security, public health, or objectives relating to social policy, environmental protection, safeguarding of cultural heritage or other overriding reasons relating to the public interest.
Amendment 82 #
Proposal for a directive
Recital 13
Recital 13
(13) The present Directive establishes a consultation of three months to allow an assessment of notified draft measures as well as an effective dialogue with the notifying Member State. In order to make the consultation work in practice and to allow Member States, the Commission and stakeholders to effectively provide their comments, Member States should notify draft measures at least three months prior to their adoption. Notifying Member States should take into account and should assess the comments made on the notified draft measure, in compliance with Union law.
Amendment 84 #
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 shouldmust include an detailed explanation of the legal concerns identified by the Commission. Reception of such an alert entails that the notifying Member State shall not adopt the notified measure for three months and must be accompanied by appropriate evidence demonstrating that the alert complies with the principles of proportionality and subsidiarity. Such an alert shall not prevent the Member State from adopting the provision in question.
Amendment 94 #
Proposal for a directive
Recital 15
Recital 15
Amendment 109 #
(16) To ensure the efficiency, effectiveness and coherence of the notification procedure, the Commission should retain the power to adopt Decismay issue an opinions requiring the Member State in question to refrain from adopting notified measures or, if already adopted, to repeal them, where they violate Directive 2006/123/ECamend notified measures in line with the alert previously issued. The opinion and the previous alert shall not prevent the Member State from adopting the measures in question.
Amendment 124 #
Proposal for a directive
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
(a) 'draft measure' means a text laying down an authorisation scheme or a requirement, within the meaning of Article 4(6) and (7) of Directive 2006/123/EC, respectively, formulated with the view of having it enacted as a law, regulation or administrative provision of a general nature, the text being at the stage of preparationat the stage at which substantive amendments can still be made by the notifying Member State. Recommendations addressed to specific service providers shall not fall within this definition;
Amendment 125 #
Proposal for a directive
Article 2 – paragraph 2 – point b
Article 2 – paragraph 2 – point b
(b) 'adoption' means the decision in a Member State making the law, regulation or administrative provision of a general nature finalprohibiting further amendments to the draft measure according to the applicable procedure.
Amendment 128 #
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall notify to the Commission any draft measure that introduces new requirements or authorisation schemes referred to in Article 4, or significantly modifies such existing requirements or authorisation schemes.
Amendment 135 #
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Where a Member State heavily modifies a previously notified draft measure with the effect of, significantly extending its scope or content, or shortening the timetable originally envisaged for implementation, or adding requirements or authorisation schemes, or making those requirements or authorisation schemes more restrictive for the establishment, or the cross-border provision of services, ithe Member State shall notify the modified draft measure previously notified under paragraph 1 againcontaining such amendments, including an explanation of the objective and content of the modifications. In such a case, the previous notification shall be deemed to be withdrawn.
Amendment 140 #
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. Draft measures referred to in paragraphs 1 and 2 shall be notified to the Commission at least three months prior to their adopprior to their adoption. Such notification shall not prevent Member States from adopting the provisions in question.
Amendment 144 #
Proposal for a directive
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3a. Member States shall not notify draft measures repealing authorisation schemes or requirements or measures implementing authorisation schemes that have already been notified to the Commission. Measures implementing binding acts of the Union should also be excluded from the notification obligation.
Amendment 146 #
Proposal for a directive
Article 3 – paragraph 4
Article 3 – paragraph 4
Amendment 155 #
Proposal for a directive
Article 3 – paragraph 5
Article 3 – paragraph 5
Amendment 172 #
Proposal for a directive
Article 3 – paragraph 8 a (new)
Article 3 – paragraph 8 a (new)
8a. Paragraph 3 shall not apply when a Member State has to adopt urgent measures to protect public order, public security, public health, or objectives relating to social policy, environmental protection, safeguarding of cultural heritage or other overriding reasons relating to the public interest. Member State shall notify the Commission without undue delay of the content of such measures and the urgent grounds on which adoption was considered necessary.
Amendment 174 #
Proposal for a directive
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
Member States shall notify the following authorisation schemes and requirements, subject to the requirements excluded in recital 7b of this Directive, and recital 9 of Directive 2006/123/EC:
Amendment 186 #
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. The Commission and Member States may, within a period of twoone months as of the beginning of the consultation period referred to in paragraph 2, submit comments to the notifying Member State.
Amendment 193 #
Proposal for a directive
Article 5 – paragraph 5
Article 5 – paragraph 5
5. Where neither the Commission nor other Member States have submitted comments to a notified draft measure within the twoone months referred to in paragraph 3, the consultation period shall end immediately.
Amendment 202 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Before the closure of the consultation period referred to in Article 5(2), the Commission may alert the notifying Member State of its concerns about the compatibility with Directive 2006/123/EC of the draft measure notified, setting out its reasons in detail, and of its intention to adopt a Decisn opinion referred to in Article 7.
Amendment 205 #
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 212 #
Proposal for a directive
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2a. The notifying Member State may, within one month, respond to the Commission’s alert by providing further clarifications.
Amendment 213 #
Proposal for a directive
Article 6 – paragraph 2 b (new)
Article 6 – paragraph 2 b (new)
2b. Where the Commission deems the clarifications provided by the Member State to be appropriate, it shall inform the Member State accordingly, without unnecessary delay.
Amendment 217 #
Proposal for a directive
Article 7 – title
Article 7 – title
Amendment 219 #
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 meaissure to be incompatible with Directive 2006/123/EC and requiring the Member State concerned to refrain from adopting the draft measure or, if such measure has been adopted in breach of Article 3(3) or Article 6(2), to repeal itan opinion asking the Member State concerned to amend the measures notified in line with the alert previously issued. The opinion and the previous alert shall not prevent the Member State from adopting the measures in question.
Amendment 233 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
The Commission shall publish without delay, on a dedicated public website, the notifications made by Member States under Articles 3(1), and (2) and the related adopted measuresmendments to initial notifications under Article 3 (2) and the related measures adopted under Article 3(7).
Amendment 235 #
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
Member States shall designate and communicate to the Commission a competent authority responsible at national level for the operation of the notification procedure established by this Directive. That authority shall supply legal support and appropriate technical and economic resources in order to assist local authorities to achieve the objectives of this Directive.