9 Amendments of Andreas SCHWAB related to 2016/0398(COD)
Amendment 80 #
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 stakeholdersthe Commission to effectively provide theirits comments, Member States should notify draft measures at least three months prior to their adoption. Notifying Member States should take into account the comments made on the notified draft measure, in compliance with Union law. Should the notifying Member State decide not to adopt the draft measure, it should be permitted to withdraw its notification at any time.
Amendment 118 #
Proposal for a directive
Recital 17
Recital 17
(17) Interested third parties should be given access to notifications sent by Member States in order to make them aware of planned authorisation schemes or certain requirements related to services in markets in which they actually or potentially operate and to enable them to provide comments thereon.
Amendment 137 #
Proposal for a directive
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. Member States are not obliged to notify the changes made during the parliamentary procedure to a draft measure that has been already notified. The same applies to draft measures belonging to the institutions of chambers formed by free, equal and secret ballot. However, Member States shall notify the draft measure containing those changes to the Commission once it has been adopted.
Amendment 160 #
Proposal for a directive
Article 3 – paragraph 5 – subparagraph 2
Article 3 – paragraph 5 – subparagraph 2
That information shall identify the overriding reason relating to the public interest pursued and give the reascontain an explanations why the notifiedich demonstrates that the authorisation scheme or requirement is non-discriminatory on grounds of nationality or residence and why it is proportionatefit for its intended purpose, does not exceed what is necessary to achieve that purpose and that no option exists to replace the authorisation scheme or requirement with other, less restrictive measures which will achieve the same result.
Amendment 188 #
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 to the notifying Member State.
Amendment 195 #
Proposal for a directive
Article 5 – paragraph 5 a (new)
Article 5 – paragraph 5 a (new)
5a. In urgent cases where it is necessary to swiftly adopt a measure to protect public order, security and health or the environment, the consultation period shall be reduced to 14 days. The Commission and Member States may, within a period of seven days as of the beginning of the consultation period, submit comments to the notifying Member State. The notifying Member State shall answer the comments within seven days of receipt and before the notified measure is adopted.
Amendment 207 #
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Upon receipt of such an alert, the notifyingSuch an alert does not prevent the Member State shall notfrom adopting the draft measure for a period of three months after the closure of the consultation periodcorresponding legislation, regulation or administrative act.
Amendment 226 #
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 measure 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 it. Member States shall ensure that a Decision of the Commission leads to the disputed measure becoming inapplicable under national law.
Amendment 236 #
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
Member States shall designate a competentcommunicate to the Commission an authority responsible at national level for the operation of the notification procedure established by this Directive. That designation shall be without prejudice to the allocation of functions and powers among the authorities within national systems.