18 Amendments of Dariusz ROSATI related to 2016/0403(COD)
Amendment 71 #
Proposal for a regulation
Recital 6
Recital 6
(6) Cross-border trade and cross-border investment in certain business and constructionconstruction and business services are particularly low showing a potential for better integration of services markets with significant negative repercussions for the remaining part of the economy. This underperformance leads to situations where the potential for more growth and jobs in the Single Market has not been fully exploited.
Amendment 77 #
Proposal for a regulation
Recital 10
Recital 10
(10) In so doing, this Regulation specifically targets business and constructionconstruction and business service sectors included in scope of Directive …[ESC Directive]… which face some of the most stringent regulatory and administrative barriers to cross-border expansion and consequently have an unexploited potential for internal market integration.
Amendment 98 #
Proposal for a regulation
Recital 25
Recital 25
(25) Procedures for issuing, updating, suspending or revoking a European services e-card should make use of documents only in exceptional circumstances, when more detailed information is absolutely essential. In any case, all of such documents should be used and accepted in simple form.
Amendment 108 #
Proposal for a regulation
Recital 31
Recital 31
(31) In order to ensure uniform implementation of this Regulation in relation to the presentation of the description of liabilities according to Article 11, implementing powers to adopt rules on the standardiszed 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.
Amendment 116 #
Proposal for a regulation
Article 2 – paragraph 2 – subparagraph 1
Article 2 – paragraph 2 – subparagraph 1
This Regulation does not affect the matters mentioned in Article 1(2) to (7) of Directive 2006/123/EC. It shall not have any impact on the regulatory requirements for the provision of services that are in place at national level, such as rules concerning social protection, consumer rights, health and safety or the environment. It does therefore not introduce the country of origin principle.
Amendment 122 #
Proposal for a regulation
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
1. "information on the good repute of a provider" means information as referred to in Article 33 (1) of Directive 2006/123/EC - provided that this means only completed procedures;
Amendment 123 #
Proposal for a regulation
Article 3 – paragraph 1 – point 14
Article 3 – paragraph 1 – point 14
14. "home Member State" means the Member State toin which a provider addressed the application for a European services e-carose territory the provider of the service concerned is established;
Amendment 124 #
Proposal for a regulation
Article 3 – paragraph 1 – point 19 a (new)
Article 3 – paragraph 1 – point 19 a (new)
19a. ‘insurance intermediary’ means any natural or legal person, other than an insurance or reinsurance undertaking or their employees and other than an ancillary insurance intermediary, who, for remuneration, takes up or pursues the activity of insurance distribution in accordance with Article 2(1) of Directive EU 2016/97 of the European Parliament and of the Council;
Amendment 130 #
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 3 – point b
Article 4 – paragraph 1 – subparagraph 3 – point b
(b) statistical identification code of the service activity, the host Member State, the type of European services e-card envisagedies that the applicant envisages to provide, the host Member State where the applicant intends to provide services, the type of European services e-card envisaged, specifying whether the applicant intends to make use of a reserved title while establishing in the host Member State, as appropriate;
Amendment 131 #
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 3 – point c a (new)
Article 4 – paragraph 1 – subparagraph 3 – point c a (new)
(ca) indication whether pre-approval as an economic operator active in public procurement in accordance with Article 64 of Directive 2014/24/EU or Article 46 of Directive 2009/81/EC is envisaged;
Amendment 134 #
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 3 – point g
Article 4 – paragraph 1 – subparagraph 3 – point g
(g) information on any existing professional indemnliability insurance of the provider in relation to professional liability in the territory of the home Member State, including information on the cover for activities carried out in the territory of other Member States, as appropriate;
Amendment 141 #
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Member States shall provide to the Commission with all information on the procedural steps related to requirements imposed on providers for the provision of services through a branch, agency or office and for temporary cross-border provision of service activities falling under Directive …[ESC Directive]……….., necessary for the development of the standard application forms, describing the information and documents the presentation of which is required under national law of the provider in relation to all applicable requirements, through IMI by [9 months after entry into force of this Regulation] to the extent that the information was not contained in the notification of the requirement itself already submitted under Articles 15(7) and 39(5) of Directive 2006/123/EC. The procedural steps mentioned in the preceding subparagraph shall include those regarding registration in the official lists of approved economic operators in accordance with Article 64 of Directive 2014/24/EU and Article 46 of Directive 2009/81/EC, as appropriate.
Amendment 144 #
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 2
Article 5 – paragraph 1 – subparagraph 2
The insurance distributorundertaking or the body appointed by a Member State to provide compulsory insurance shall provide the certificate to the applicant upon requesinsurance distributor or to the applicant upon request. The insurance intermediary shall hand the certificate over to the applicant.
Amendment 148 #
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
Providers who are natural persons and apply for or already hold a European services e-card may submit a declaration in advance in relation to their own professional qualifications in an electronic platform connected to IMI under the same conditions as prescribed by paragraph 1 of Article 6 in relation to their workers.
Amendment 149 #
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 2
Article 7 – paragraph 1 – subparagraph 2
Regarding declarations in advance in relation to the professional qualifications of the provider, the proof of nationality, the details of insurance cover, the attestations referred to in points (b) and d) of Article 7(2) of Directive 2005/36/EC and the means of proof referred to in point (d) of that Article shall be replaced by the completed application form for a European services e- card, communicated to the host Member State in accordance with Article 11 of Directive ... [ESC Directive]…….., proving legal establishment of the provider.
Amendment 173 #
Proposal for a regulation
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
2a. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with principles laid down in the Interinstitutional Agreement on Better law-making of 13 April 2016.
Amendment 178 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
By 360 months after entry into force of this Regulation and at the latest every five years thereafter, the Commission shall carry out an evaluation of this Regulation and submit to the European Parliament and the Council a report on its performance, including an analysis of the impact on administrative burden incurred upon by service providers active across borders. This report shall also include an assessment of any practical experience relevant to cooperation between coordinating authorities. This report shall contain an assessment of the appropriateness of introducing a European services e-card for other service activities. It shall contain an evaluation of Directive …….[ESC Directive]… in line with its Article 21.
Amendment 179 #
Proposal for a regulation
Article 19 – paragraph 2 a (new)
Article 19 – paragraph 2 a (new)
The Commission shall, as part of the review, assess whether and how to introduce a harmonised multilingual format for the insurance certificate as referred to in Article 5 of this Regulation. If the outcome of the assessment deems a standardised multilingual format for the insurance certificate appropriate, the Commission shall adopt rules accordingly.