13 Amendments of Jean-Luc BENNAHMIAS related to 2011/0435(COD)
Amendment 28 #
Proposal for a directive
Recital 7
Recital 7
Amendment 55 #
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 traineeship in a Member State, including those belonging to the liberal professions,, including those belonging to the liberal professions, wishing to pursue a regulated profession – other than those professions which necessarily require a delegation of public authority – or a remunerated traineeship in a Member State other than that in which they obtained their professional qualifications, on either a self-employed or employed basis.
Amendment 81 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4e – paragraph 4
Article 4e – 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, professionevidence of formal professional qualifications, profession, together with information stating whether or not it is a regulated profession in the holder’s Member State, applicable regime, competent authorities involved, card number, security features and reference to a valid proof of identity.
Amendment 87 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4f – paragraph 1
Article 4f – paragraph 1
For the purposes of point (b), an activity shall be deemed to be separable if it is exercised as an autonomous activity in the home Member State as well as in the host Member State.
Amendment 91 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4f – paragraph 2
Article 4f – paragraph 2
2. Partial access may be rejected if such rejection is justified by an overriding reason of general interest, such as patient safety, consumer protection or public health, it would secure the attainment of the objective pursued and it would not go beyond what is strictly necessary.
Amendment 95 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point a
Article 1 – paragraph 1 – point 6 – point a
Directive 2005/36/EC
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) where the service provider moves, if he has pursued that profession 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. The condition requiring two years' pursuit shall not apply when either the profession or the education and training leading to the profession is regulated.
Amendment 96 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point a
Article 1 – paragraph 1 – point 6 – point a
Directive 2005/36/EC
Article 5 – paragraph 1 – point b – subparagraph 2
Article 5 – paragraph 1 – point b – subparagraph 2
Amendment 100 #
Proposal for a directiveArticle 1 – paragraph 1 – point 6 – point bDirective 2005/36/EC
Article 5 – paragraph 4
Article 5 – paragraph 4
Amendment 106 #
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point a – point ii
Article 1 – paragraph 1 – point 7 – point a – point ii
Directive 2005/36/EC
Article 7 – paragraph 2 – point f
Article 7 – paragraph 2 – point f
f) (f) in the case of evidence of formal qualifications referred to in Article 21 (1) and in the case of certificates of acquired rights referred to in Articles 23, 26, 27, 30, 33, 33a, 37, 39, and 43, evidence attesting sufficient knowledge of the language of the host Member State.
Amendment 110 #
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point c
Article 1 – paragraph 1 – point 7 – point c
Directive 2005/36/EC
Article 7 – paragraph 4 – subparagraph 1
Article 7 – paragraph 4 – subparagraph 1
For the first provision of services, in the case of regulated professions having public health or safety implications, which do not benefit from automatic recognition under Chapter II or III of Title III , the competent authority of the host Member State may check the professional qualifications of the service provider prior to the first provision of services. Such a prior check shall be possible only where the purpose of the check isThe purpose of any such prior check shall be to avoid serious damage to the health or safety of the service recipient due to a lack of professional qualification of the service provider, and wthere this does check in question shall not go beyond what is necessary for that purpose.
Amendment 125 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point c
Article 1 – paragraph 1 – point 12 – point c
Directive 2005/36/EC
Article 14 – paragraph 3
Article 14 – paragraph 3
Amendment 155 #
Proposal for a directive
Article 1 – paragraph 1 – point 38
Article 1 – paragraph 1 – point 38
Directive 2005/36/EC
Article 53 – paragraphe 2 – subparagraph 1
Article 53 – paragraphe 2 – subparagraph 1
A Member State shall ensure that any controls of the knowledge of a language are carried out by a competent authority afterbefore the decisions referred to in Articles 4d, 7(4) and 51(3) have been taken and if there is a serious and concrete doubt about the professional's sufficient language knowledge in respect of the professional activities this person intends to pursue.
Amendment 162 #
Proposal for a directive
Article 1 – paragraph 1 – point 38
Article 1 – paragraph 1 – point 38
Directive 2005/36/EC
Article 53 – paragraph 2 – subparagraph 2
Article 53 – paragraph 2 – subparagraph 2
In the case of professions with patient safety implications, Member States may confer ton the competent authorities the right to carry out language checking covering all professionals concerned in the course of the procedure for the recognition of professional qualifications, if it is expressly requested by the national health care system, or in the case of self- employed professionals not affiliated to the nationals health care system, by representative national patient organisations.