6 Amendments of Lambert van NISTELROOIJ related to 2016/0398(COD)
Amendment 89 #
Proposal for a directive
Recital 14
Recital 14
(14) Where following the consultation the Commission still hasthe Commission has issued comments during the consultation period raising concerns about the compliance with Directive 2006/123/EC of the notified draft measure, it may alert, before the closure of that period and where such concerns persist, issue a notice to the notifying Member State, giving it the opportunity to provide further explanations or to bring its draft measure into conformity with EU law. That alertnotice should include an explanation of the legal concerns identified by the Commission. Reception of such an alert notice entails that the notifying Member State shall not adopt the notified measure for three months.
Amendment 110 #
Proposal for a directive
Recital 16
Recital 16
(16) To ensure the efficiency, effectiveness and coherence of the notification procedureWith regard to requirements that fall under the scope of Article 4b, the Commission should retainhave the power to adopt Decisions 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/EC.
Amendment 111 #
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) When adopting a decision, the Commission shall ensure that the Member State which is the subject of that decision has the opportunity to inform the Commission of its position on the concerns raised on the compatibility of the measure with Directive 2006/123/EC. Decisions are subject to the control of the legality by the Court of Justice of the European Union, in line with the powers conferred to the Court by the Treaties.
Amendment 112 #
Proposal for a directive
Recital 16 b (new)
Recital 16 b (new)
(16b) With regard to authorisation schemes; requirements affecting the freedom to provide services and multi- disciplinary restrictions, the Commission should be given the possibility to adopt recommendations requesting the Member State in question to adapt the notified measures in order to address the serious concerns about the compatibility of those measures with Directive 2006/123/EC.
Amendment 187 #
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. The Commission and Member States may, within a period of two months as of the beginning of the consultation period referred to in paragraph 2, submit comments that the notified measure may be incompatible with Directive 2006/123/EC and/or other observations to the notifying Member State.
Amendment 190 #
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. The notifying Member State shall respond to comments submitted by the Commission or other Member States within one month after their reception and prior to the adoption of the notified measure, either explaining how those comments will be taken into account in the notified measure or indicating the reasons why those comments cannot be taken into account. The Commission shall take the response from the notifying Member State into due account.