Activities of Dieter-Lebrecht KOCH related to 2016/0403(COD)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council introducing a European services e-card and related administrative facilities
Amendments (14)
Amendment 27 #
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) Furthermore, the European services e-card should contribute positively towards making the European market more competitive, facilitating administrative provisions for businesses, which could give a further push for growth and employment policies.
Amendment 32 #
Proposal for a regulation
Recital 15
Recital 15
(15) In order to submit an application for a European services e-card, a harmonised multilingual form should be made available ensuring that the elements necessary for identification of the provider and of the services for which the e-card is requested, as well as for the assessment of specific requirements applicable to the services at stake, such as those regarding proof of its establishment in the home Member State, good repute or insurance coverage, are included and thus made available to coordinating authorities in both home and host Member States. The application for a European services e- card should be submitted to the coordinating authority of the home Member State, where the applicant has its previous legal establishment, to be checked by that same home Member State during its assessment of the application. As in the context of Directive 2006/123/EC, in case of several places of establishment for the services concerned, the location of the provider's centre of activities relating to the particular service in question should be that place of establishment. The determination that the home Member State in relation to one or more e-cards is not where the centre of activities of its holder is located should determine the revocation of those e-cards.
Amendment 34 #
Proposal for a regulation
Recital 17
Recital 17
(17) During the implementation of this Regulation, Member States should inform and update the Commission of procedures imposed under national law on incoming cross-border providers wishing to provide services temporarily or through a branch, agency or office, including the information and documents to which those procedures pertain, to allow for the preparation of application forms. In order to ensure uniform implementation concerning the necessary information to be provided for the application of the European service e- card, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council23. The application form should be based only on legitimate requirements, notification and authorization schemes in line with the Services Directive. The inclusion of data-fields in the application forms to be filled-in with relevance for national requirements, prior notification and prior authorization schemes of the host Member State is without prejudice to the Commission's powers under the Treaties and the Member States' obligation to comply with the provisions on Union law. __________________ 23 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13)
Amendment 37 #
Proposal for a regulation
Recital 19
Recital 19
(19) Holders of a European services e- card may want to second staff into the territory of the host Member State. When doing so, service providers may be subject to requirements, such as prior declarations addressed to the host Member State, necessary for the protection of posted workers. The European Services e-card will in no way affect the content of such declarations and the responsibilities by the host Member State in that regard.
Amendment 38 #
Proposal for a regulation
Recital 21
Recital 21
(21) As regards the prior declaration that may be required under Article 9 of Directive 2014/67/EU of the European Parliament and of the Council25, the electronic platform connected to IMI should direct holders of a European services e-card to electronic national procedures put in place in the host Member State where the workers will be posted, wherever such national procedures allow for the electronic submission of the above- mentioned prior declaration. __________________ 25 Directive 2014/67/EU of the European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System (‘the IMI Regulation’) (OJ L 159, 28.5.2014, p. 11)
Amendment 40 #
Proposal for a regulation
Recital 22
Recital 22
(22) The electronic platform connected to IMI should be made available by the Commission to those Member States that have previously communicated to the Commission their intention to make use of this possibility. Where Member States decide to allow for the use of IMI for the sending of the prior declaration in relation to workers posted in their territory, holders of a European services e-card shall be able to submit a declaration as referred to in Article 9 of Directive 2014/67/EU directly to the competent authority in the host Member State as defined in Article 2(a) of Directive 2014/67/EU, through the electronic platform connected to IMI. To that end, a host Member State should provide all the elements required in accordance with point a) of paragraph 1 and paragraph 2 of Article 9 of Directive 2014/67/EU as the basis for a multi-lingual form to be submitted for the declaration of posted workers on its territory. The Commission should publish this form in the Official Journal and make it available in the electronic platform connected to IMI. The relevant information with regard to the elements required should be available for the host Member State concerned in full compliance with the language requirements set out in Article 9(1)(a) of Directive 2014/67/EU. The experience of these Member States with the use of the electronic platform connected to IMI should be part of the assessment foreseen in the second subparagraph of Article 19 of this Regulation.
Amendment 49 #
Proposal for a regulation
Recital 33
Recital 33
(33) A single coordinating authority should be designated by each Member State to carry out the tasks provided for in this Regulation, without prejudice to the competences set out in applicable national legislation. Suchas focal points for all cross-border exchanges of information between competent authorities of home and host Member States, which do not take place automatically through interconnection of registers as well as sole intermediaries of all exchanges of information between competent authorities and applicants or holders of European services e-cards, without prejudice to the competences set out in applicable national legislation: assessment of applications for e-cards requests for information and decisions whether to issue an e-card or whether to suspend or revoke it should all be fulfilled in substance by the competent authorities in charge already today of controlling service providers expanding operations across-borders. Apart from the e-card applicants or holders, the coordinating authorities should remain the sole actors for the purposes of progressing the procedural workflow in the electronic platform developed for the European services e-card. Such coordinating authorities should be registered as a competent authority in the Internal Market Information system for the purposes of Regulation (EU) 1024/2012 and communicated to the Commission.
Amendment 56 #
Proposal for a regulation
Article 2 – paragraph 3 a (new)
Article 2 – paragraph 3 a (new)
3a. This Regulation is without prejudice to other Union acts related to social security and labour law, including any legal or contractual provision concerning employment conditions, working conditions, in particular health and safety at work and the relationship between employers and workers.
Amendment 57 #
Proposal for a regulation
Article 3 – paragraph 1 – point -1 (new)
Article 3 – paragraph 1 – point -1 (new)
-1 "European services e-card": means an electronic tool, resulting from a harmonised procedure, proving that its holder is a service provider legally established in the home Member State, entitled, in that territory, to provide the service activities in question, as well as stipulating the right of its holder to start provision of the services in question in the host Member State, without establishing there or through a branch, an agency or office located therein, as the case may be, and to continue such provision, for as long as it remains valid;
Amendment 63 #
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 3 – point d
Article 4 – paragraph 1 – subparagraph 3 – point d
(d) information pertaining todescribing the circumstances of establishment of the provider in the home Member State in relation to the service activity identified in accordance with (b), with consideration for the host Member State in question, including the date of initial establishment and identification of other Member States of establishment;
Amendment 67 #
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Member States shall provide to the Commission with all information on the procedural steps related to requirements imposed on providers for the provision of services through a branch, agency or office and for temporary cross-border provision of service activities falling under Directive …[ESC Directive]……….., necessary for the development of the standard application forms, describing the information and documents the presentation of which is required under national law of the provider in relation to all applicable requirements, through IMI by [9 months after entry into force of this Regulation] to the extent that the information was not contained in the notification of the requirement itself already submitted under Articles 15(7) and 39(5) of Directive 2006/123/EC. The inclusion of fields of data in the application form to be filled-in in the context of a procedure to issue a European services e-card corresponds to the national requirements, prior notification and prior authorization schemes under host Member States law and is without prejudice to the Commission's power under the Treaties and the Member States' obligations to comply with the provisions of Union law.
Amendment 75 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1
Article 6 – paragraph 2 – subparagraph 1
Amendment 99 #
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. For the purposes of this Regulation, each Member State shall designate one coordinating authority, empowered to perform the tasks assigned to them in accordance with this Regulation and Directive [ESC Directive], in the context of procedures to issue, update, suspend, revoke or cancel a European services e-card, as well as in relation to the formalities performed in accordance with Articles 6(1), 6(3) and 7, each Member State shall designate one coordinating authority, empowered to act as the sole intermediary of all exchanges of information between competent authorities and applicants or holders of European services e-cards, as well as the sole intermediary of all cross-border exchanges of information between competent authorities of home and host Member States, which do not take place automatically through interconnection of registers.
Amendment 102 #
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. This Article shall not call into question the allocation of the competences, at local or regional level, of the Member States. Without prejudice to paragraph 1, competent authorities in Member States shall retain all competences allocated to them under national law and act accordingly in the context of procedures to issue, update, suspend, revoke or cancel a European services e-card, as well as in relation to the formalities performed in accordance with Articles 6(1), 6(3) and 7.