6 Amendments of Andreas SCHWAB related to 2016/0404(COD)
Amendment 98 #
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11a) As confirmed by settled case law, any discrimination on grounds of nationality or residence resulting from national legislation restricting the freedom of establishment or the freedom to provide services should be prohibited. When introducing new legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions or amending existing ones, Member States should guarantee that such provisions are based on non-discriminatory and objective criteria, which are known in advance.
Amendment 101 #
Proposal for a directive
Recital 12
Recital 12
(12) Where the taking-up and pursuit of certain employed or self-employed activities are conditional on complying with certain provisionrequirements relating to specific professional qualifications, laid down directly or indirectly by the Member States, it is necessary to ensure that such provisionrequirements are justified by public interest objectives, such as those within the meaning of the Treaty, namely public policy, public security and public health or by overriding reasons of general interest, recognised as such in the case-law of the Court of Justice. It is important to ensure that public interest objectives are adequately identified in order to determine the intensity of the regulation. For example, in order to ensure a high level of protection of public health, Member States should enjoy a margin of discretion to decide on the degree of protection which they wish to afford to public health and on the way in which that protection is to be achieved. It is also necessary to clarify that the following are among the overriding reasons of general interest, recognised by the Court of Justice, are: preserving the financial equilibrium of the social security system; the protection of consumers, recipients of services and workers; the safeguarding of the proper administration of justice;protection of legal dealings; ensuring the fairness of trade transactions; combating fraud and prevention of tax evasion and avoidance; road safety; guaranteeing the quality of craft work; research and development; the protection of the capital market; the protection of the environment and the urban environment; the health of animals; intellectual property; the conservation of the national historic and artistic heritage; social policy objectives and cultural policy objectives; According to settled case- law, purely economic reasons, having essentially protectionist aisuch as promoting the national economy to the detriment of the of fundamental freedoms, as well as purely administrative reasons, such as carrying out controls or gathering statistics cannot constitute an overriding reason of general interest. It is important to ensure that public interest objectives are adequately identified in order to determine the appropriate level of regulation. For example, where the risks to the public interest objective increase, Member States should enjoy a margin of appreciation within which they are able to determine the degree of protection which they wish to afford, and if necessary to strengthen the regulation in place. The fact that one Member State imposes less strict rules than another Member State does not mean that the latter Member State’s rules are disproportionate and therefore incompatible with Union law.
Amendment 108 #
Proposal for a directive
Recital 13
Recital 13
(13) Where a Member State intends to regulate a profession or to amend existing rules, account should be taken of the nature of the risks related to the public interest objectives pursued, in particular the risks to consumers, to professionals or third parties. It should also be borne in mind that, in the field of professional services, there is usually an asymmetry of information between consumers and professionals. Professionals have a high level of technical knowledge which consumers may not have and consumers therefore find it difficult to judge the quality of the services provided to them, which may continue to happen despite the potential reduction in the asymmetry of information between professionals and service recipi. Member States should apply the proportionality criteria laid down in this Directive when introducing new or amending existing legislative, regulatory or administrative provisions to the extent that those criteria are relevant for a given profession. The extent of the assessment should be proportionate to the nature, the contents as a result of scientific and technological developmentsnd the impact of the provision being introduced, and should take into account the regulatory context for a given regulated profession.
Amendment 131 #
Proposal for a directive
Recital 19
Recital 19
(19) Member States should carry out a comparison between the national measure at issue and the alternative and less restrictive solutions that would allow the same objective to be attained but would impose fewer restrictions. Where the measures are justified solely by consumer protection and where the risks identified are limited to the relationship between the professional and the consumer without negatively affecting third parties or the legal process, the objective cshould be attained by less restrictive means than reserving activities to professionals. For instance, where consumers can reasonably make a choice between using the services of qualified professionals or not, less restrictive means, such as protection of the professional title or enrolment on a professional register, should be used. Regulation by way of reserved activities should be used only in casesand protected professional titles should be considered where the measures aim at preventing a risk of serious harm to public interest objectives.
Amendment 211 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Member States shall consider in particular whether those provisions are objectively justified on the basis of public policy, public security or public health, or by overriding reasons in the public interest. preserving the financial equilibrium of the social security system, the protection of consumers, recipients of services and workers, the protection of the legal process, the safeguarding of the proper administration of justice, fairness of trade transactions, combating fraud and prevention of tax evasion and avoidance, road safety, guaranteeing the quality of craft work, research and development, the protection of the capital market, the protection of the environment and the urban environment, the health of animals, intellectual property, the safeguarding and conservation of the national historic and artistic heritage, social policy objectives and cultural policy objectives.
Amendment 288 #
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. For the purposes of paragraph 2(j), where the measures are justified only by consumer protection and where the risks identified are limited to the relationship between the professional and the consumer without negatively affecting third parties, or the relevant competent authoritilegal process, the Member States shall assess in particular whether the objective can be attained by protected professional title withoutless restrictive means than reserving activities.