[ParlTrack]

Proposal for a regulation
Recital 3

(3) Directive 2006/123/EC requires Member States to put in place and keep constantly updated Points of Single Contacts where a service provider wishing to establish or to provide services can find all relevant information about requirements to be complied with and e-procedures in respect of all formalities, authorisations and notifications to go through. However, costly information challenges and difficulties complying with national procedures and laws at a distance remain to date for service providers, namely for sector-related requirements, in relation to any liability insurance, for example. Care should therefore be taken to ensure that points of single contact have the necessary information and that details are given of the service offered by providers. Cooperation between the administrations of different Member States should in principle take place via the Internal Market Information System (IMI), an IT-platform offered for cross-border exchange of information and mutual assistance between authorities in different Member States under that Directive. Despite the fact that authorities sometimes have doubts with regard to the legal establishment of a provider in another Member State, the possibilities for cooperation currently provided in IMI are not exploited to their full potential.

2017/12/01
Committee: IMCO

Andreas SCHWAB

Proposal for a regulation
Recital 3 a (new)

(3a) The host Member State should be able to ask the home Member State to verify the validity of documents in case of reasonable doubt.

2017/12/01
Committee: IMCO

Andreas SCHWAB

Proposal for a regulation
Recital 4 a (new)

(4a) The European services e-card should not legitimise unreasonable requirements that Member States should already have withdrawn in compliance with Directive 2006/123/EC or that are in breach of Directive 96/71/EC or Directive 2014/67/EU.

2017/12/01
Committee: IMCO

Andreas SCHWAB

Proposal for a regulation
Recital 18

(18) Description of the terms of coverage of a mandatory or voluntary insurance included in written contracts might be difficult to find. Insurance distributors, as well as bodies appointed by a Member State to provide compulsory insurance, should therefore provide a description of the core elements of coverage to their client in the format of an insurance certificate. This certificate should be annexed to the application form. In order to ensure uniform implementation of this part of the Regulation, implementing powers should be conferred on the Commission to adopt a harmonised format for the certificates. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council.

2017/12/01
Committee: IMCO

Andreas SCHWAB

Proposal for a regulation
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.deleted

2017/12/01
Committee: IMCO

Andreas SCHWAB

Proposal for a regulation
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. _________________ 25Directive 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)deleted

2017/12/01
Committee: IMCO

Andreas SCHWAB

Proposal for a regulation
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.deleted

2017/12/01
Committee: IMCO

Andreas SCHWAB

Proposal for a regulation
Recital 30

(30) Service providers obliged to acquire professional liability insurance in Member States where they have not been active often ~~have difficulty~~face the challenge of demonstrating their claims history regarding cover obtained elsewhere. Claims histories are an essential element to insurance distributors in ascertaining and assessing the risk profile of a potential client. Demonstration is difficult due to ~~poor communication between insurance distributors across internal market borders but also to~~ disparities in describing the track-record of an insured party, even within the same Member State. Insurance distributors and bodies appointed by a Member State to provide compulsory insurance cover should therefore be obliged to issue a statement relating to the third party liability claims which can then be used across borders and even domestically, should a service provider change insurance distributor.

2017/12/01
Committee: IMCO

Andreas SCHWAB

Proposal for a regulation
Recital 31

(31) In order to ensure uniform implementation of this Regulation in relation to the presentation of the description of liabilities, implementing powers to adopt rules on the standardised presentation format of that statement 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 Council.deleted

2017/12/01
Committee: IMCO

Andreas SCHWAB

Proposal for a regulation
Recital 32

(32) A statement relating to claims history should be instrumental in allowing insurance distributors and bodies appointed by a Member State to provide compulsory indemnity insurance to ban discriminatory practices towards cross- border providers of which information is more scarce and difficult to obtain. The same non-discrimination principle should apply to professional organisations who offer group cover to their members or other service providers.deleted

2017/12/01
Committee: IMCO

Andreas SCHWAB

Proposal for a regulation
Article 5 – paragraph 2

2. The Commission may adopt a harmonised format for the insurance certificate as referred to in the second subparagraph of paragraph 1 by means of an implementing act. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 16(2).deleted

2017/12/01
Committee: IMCO

Andreas SCHWAB

Proposal for a regulation
Article 11 – paragraph 2

2. The Commission may adopt rules on the standardised presentation format of the statement referred to in paragraph 1 by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 16(2).deleted

2017/12/01
Committee: IMCO

Andreas SCHWAB

Proposal for a regulation
Article 12

Obligations for insurance distributors Insurance distributors and bodies appointed by a Member State to provide compulsory insurance shall duly take into account in the acceptance policy and in the calculation of premiums, in a non- discriminatory manner, the experience of the provider as reflected in the claims statement issued in accordance with Article 11, as presented by the provider.Article 12 deleted

2017/12/01
Committee: IMCO

13 Amendments of Andreas SCHWAB related to 2016/0403(COD)

ParlTrack - 2011-2024