Activities of Bernadette VERGNAUD related to 2011/0435(COD)
Plenary speeches (2)
Recognition of professional qualifications and administrative cooperation through the Internal Market Information System (debate)
Recognition of professional qualifications and administrative cooperation through the Internal Market Information System (debate)
Reports (1)
REPORT proposal for a directive of the European Parliament and of the Council amending Directive 2005/36/EC on the recognition of professional qualifications and Regulation on administrative cooperation through the Internal Market Information System PDF (1011 KB) DOC (1 MB)
Amendments (23)
Amendment 129 #
Proposal for a directive
Recital 16
Recital 16
(16) To simplify the system for automatic recognition of all medical and dental, dental, pharmaceutical and veterinary specialities, such specialities should be covered by Directive 2005/36/EC if they are common to at least one third of the Member States.
Amendment 144 #
Proposal for a directive
Recital 20
Recital 20
(20) Graduates wishing to pursue a remunerated traineeship in another Member State where such traineeship is possible shouldtraineeship which forms part of the training for a regulated profession in another Member State where such traineeship is possible should, irrespective of the level and nature of the remuneration provided, be covered by Directive 2005/36/EC in order to foster their mobility. It is also necessary to provide for the recognition of their traineeship by the home Member State.
Amendment 178 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
2005/36/EC
Article 1 – paragraph 2
Article 1 – paragraph 2
This Directive also establishes rules concerning partial access to acertain regulated professions and access to and recognition of remunerated traineeships which form part of the training for a regulated profession, irrespective of the level and nature of the remuneration provided, pursued in another Member State.
Amendment 187 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2005/36/EC
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Directive shall apply to all nationals of a Member State wishing to pursue a regulated profession or a remunerated traineeshiptraineeship which forms part of the training for a regulated profession, irrespective of the level and nature of the remuneration provided, in a Member State, including those belonging to the liberal professions, other than that in which they obtained their professional qualifications, on either a self-employed or employed basis.
Amendment 201 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a – point ii
Article 1 – paragraph 1 – point 3 – point a – point ii
Directive 2005/36/EC
Article 3 – paragraph 1 – point j
Article 3 – paragraph 1 – point j
(j) 'remunerated traineeship': the pursuit of supervised and remunerated activitiestraineeship which forms part of the training for a regulated profession': the pursuit of supervised activities, irrespective of the level and nature of the remuneration provided, with a view to access to a regulated profession granted on the basis of an examination;
Amendment 254 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
2005/36/CE
Article 4 b – paragraph 3
Article 4 b – paragraph 3
3. The competent authority of the home Member State shall acknowledge receipt of the application and inform the applicant of any missing document without delay fromin three working days of submission of the application. It shall create a file of the application containing all supporting documents, which must be certified as valid, within the Internal Market Information System (IMI) established by Regulation (EU) No […] of the European Parliament and of the Council(*). In case of subsequent applications by the same applicant, the competent authorities of the home or the host Member State may not request the re- submission of documents which are already contained in the IMI file and which are still valid.
Amendment 292 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
2005/36/CE
Article 4 d – paragraph 3
Article 4 d – paragraph 3
3. In the cases referred to in Articles 7(4) and 14, a host Member State shall decide on whether to recognise the holder's qualifications or to subject him to compensation measures within two montheight weeks from the date of receipt for validation of the European Professional Card transmitted by the home Member State. In case of justified doubts, the host Member State may request additional information from the home Member State. TWhere that request shall not suspend the period of two monthsis justified on practical, technical or organisational grounds, the aforementioned period of eight weeks may be extended by a further two weeks, provided that the professional is duly informed thereof.
Amendment 304 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
2005/36/CE
Article 4 d – paragraph 5
Article 4 d – paragraph 5
5. The host Member State shall acknowledge receipt of the application for validation of the European Professional Card within a period of five working days. Where the host Member State fails to take a decision within the time limits set out in the paragraphs 2 and 3 or to request additional information within one monthfive weeks from the date of receipt of the European Professional Card by the home Member State, the European Professional Card shall be deemed to be validated by the host Member State and to constitute recognition of the professional qualification to the regulated profession concerned in the host Member State. This tacit recognition of qualifications shall not constitute automatic recognition of the right to practise.
Amendment 321 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
2005/36/CE
Article 4 e – paragraph 4
Article 4 e – paragraph 4
4. The information included in the European Professional Card shall be limited to the information that is necessary to ascertain its holder's right to exercise the profession for which it has been issued, in particular name, surname, date and place of birth, profession, qualifications, applicable regime, competent authorities involved, card number, security features and reference to a valid proof of identity.
Amendment 336 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 (new)
Article 1 – paragraph 1 – point 5 (new)
2005/36/CE
Article 4 f – paragraph 1 – point b (new)
Article 4 f – paragraph 1 – point b (new)
b a) the professional is fully qualified to practise in the home Member State the professional activity for which partial access may be granted in the host Member State;
Amendment 362 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
2. Partial access may be rejected if such rejection is justifiedMember States may refuse to apply the principle of partial access to certain professions if they are able to justify this refusal by an overriding reason of general interest, such as public health, it would secure the attainment of the objective pursued and it would not go beyond what is strictly necessary. However, a measure of this kind shall not prevent a competent authority from being able to grant partial access to a professional activity on a case by case basis in specific identified situations.
Amendment 375 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point a
Article 1 – paragraph 1 – point 6 – point a
2005/36/CE
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
b) where the service provider moves, if he has pursued that profession as his main activity or as a regular seasonal activity in one or several Member States for at least two years during the last 10 years preceding the provision of services when the profession is not regulated in the Member State of establishment.
Amendment 383 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point a (new)
Article 1 – paragraph 1 – point 6 – point a (new)
2005/36/CE
Article 5 – paragraph 1 – subparagraph 3 (new)
Article 5 – paragraph 1 – subparagraph 3 (new)
Member States may however retain the requirement concerning pursuit of the profession in the case of certain professions with health or safety implications, if they are able to justify this on grounds of overriding reasons of public interest. Member States shall notify the Commission of the list of professions concerned by (insert the date of entry into force of the directive) at the latest and every two years thereafter.
Amendment 433 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point d
Article 1 – paragraph 1 – point 12 – point d
Directive 2005/36/EC
Article 14 – paragraph 4
Article 14 – paragraph 4
4. For the purposes of paragraphs 1 and 5, ‘substantially different matters’ shall mean matters of which knowledge is essential for pursuing the profession and with regard to which the training received by the migrant shows important differences in terms of duration or content from the training required by the host Member State.
Amendment 435 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point e
Article 1 – paragraph 1 – point 12 – point e
Directive 2005/36/EC
Article 14 – paragraph 6
Article 14 – paragraph 6
(c) explain the substantial differences in terms of content and the implications those differences have for the professional's ability to practise his profession in a satisfactory manner in the host Member State;
Amendment 436 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point e
Article 1 – paragraph 1 – point 12 – point e
Directive 2005/36/EC
Article 14 – paragraph 6 – point d
Article 14 – paragraph 6 – point d
Amendment 441 #
Proposal for a directive
Article 1 – paragraph 1 – point 14 a (new)
Article 1 – paragraph 1 – point 14 a (new)
Directive 2005/36/EC
Chapter III – heading
Chapter III – heading
(14a) The heading of Chapter III is replaced by the following: Recognition on the basis of a common set of training conditions and levels (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 456 #
Proposal for a directive
Article 1 – paragraph 1 – point 18 – point a
Article 1 – paragraph 1 – point 18 – point a
Directive 2005/36/EC
Article 24 – paragraph 2
Article 24 – paragraph 2
Basic medical training shall comprise a total of at least fivesix years of study, which may also be expressed with the equivalent ECTS credits, and shall consist of at least 5500 hours of theoretical and practical training provided by, or under the supervision of, a university. For persons who began their studies before 1 January 1972, the course of training referred to in the first subparagraph may comprise six months of full-time practical training at university level under the supervision of the competent authorities. By way of derogation from the first paragraph, in exceptional cases Member States may notify, under the procedure provided for in Article 21a, training programmes comprising fewer than six years of study, which may also be expressed with the equivalent ECTS credits, if those programmes consist of at least 5500 hours of theoretical and practical training provided by, or under the supervision of, a university. In such cases, a supplementary assessment carried out by an independent body and confirming that the training programme is of a sufficiently high standard of quality and complies with the requirements of this Directive shall be submitted together with the report provided for in Article 21a(2).
Amendment 497 #
Proposal for a directive
Article 1 – paragraph 1 – point 23 – point b a (new)
Article 1 – paragraph 1 – point 23 – point b a (new)
Directive 2005/36/EC
Article 33 – paragraph 3 a (new)
Article 33 – paragraph 3 a (new)
(3a) The new provisions of Article 31(1) shall be without prejudice to the acquired rights of nurses responsible for general care who commenced a course of training on the basis of the 10-year general education requirements prior to the date of transposition of this Directive.
Amendment 513 #
Proposal for a directive
Article 1 – paragraph 1 – point 26 – point a a (new)
Article 1 – paragraph 1 – point 26 – point a a (new)
Directive 2005/36/EC
Article 38 – paragraph 3
Article 38 – paragraph 3
Amendment 523 #
Proposal for a directive
Article 1 – paragraph 1 – point 28
Article 1 – paragraph 1 – point 28
Directive 2005/36/EC
Article 41 – paragraph 1 – point (a)
Article 41 – paragraph 1 – point (a)
(a) full-time training of at least three years as a midwife, consisting of at least 5000 hours of theoretical and practical training, which may also be expressed with the equivalent ECTS credits, with at least one-third of those hours being spent in direct clinical practice;
Amendment 622 #
Proposal for a directive
Article 1 – paragraph 1 – point 39 a (new)
Article 1 – paragraph 1 – point 39 a (new)
Directive 2005/36/EC
Article 55 b (new)
Article 55 b (new)
(39a) Civil liability and in-service training requirements 1. This Directive shall be without prejudice to Community and national provisions which enable Member States to require insurance or financial safeguards as such and shall not affect requirements relating to participation in a collective compensation fund, for instance for members of professional bodies or organisations, provided that the provisions in question are non- discriminatory. 2. This Directive shall be without prejudice to national provisions which, for overriding reasons relating to the public interest, make the right to exercise a profession conditional on the regular practice thereof, providing that the provisions in question are non- discriminatory.
Amendment 635 #
Proposal for a directive
Article 1 – paragraph 1 – point 39
Article 1 – paragraph 1 – point 39
Directive 2005/36/EC
Article 55 a
Article 55 a
With a view to grant access to a regulated profession, the home Member State shall recognise the remunerated traineeshiptraineeship which forms part of the training for a regulated profession, irrespective of the level or nature of the remuneration provided, pursued in another Member State and certified by a competent authority of that Member State.