Activities of Antonio LÓPEZ-ISTÚRIZ WHITE related to 2016/0398(COD)
Legal basis opinions (0)
Amendments (14)
Amendment 39 #
Proposal for a directive
Recital 7
Recital 7
(7) The notification obligation established by this Directive should apply to regulatory measures of Member States, such as laws, regulations, administrative provisions of general nature or any other binding rule of general nature, including rules adopted by professional organisations to regulate in a collective manner access to service activities or the exercise thereof. The notification obligation should on the other hand not apply to individual decisions issued by national authorities or professional organisations.
Amendment 45 #
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) Directive 2006/123/EC is a horizontal legal instrument affecting a significant number of laws, regulations and administrative provisions at different levels within a Member State's governance structures. In order to facilitate the competent authorities' compliance with this Directive and to maximise the efficiency of the notification procedure and reduce the administrative burden of that procedure, the Commission should provide guidance regarding the practical aspects of the notification procedure, in particular for municipal and local authorities and professional organisations. In order to ensure that the notification obligations of such authorities are proportionate, draft measures implementing authorisation schemes or requirements which have already been notified to the Commission and adopted by the Member State concerned at national level should not be subject to notification.
Amendment 50 #
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) Member States shall not be required to notify measures that are necessary in order to implement binding Union Acts where there is no scope for divergence between Member States. Also, the obligation to notify does not apply when the draft measure consists only of the repeal of authorization schemes or requirements.
Amendment 57 #
Proposal for a directive
Recital 8
Recital 8
(8) The obligation for Member States to notify draft measures laying down authorisation schemes or requirements referred to in Article 4 of this Directive at least three months before their adoption is designed to ensure that measures to be adopted comply with Directive 2006/123/EC. In order for the notification procedure to be effective, a consultation on notified measures should take place sufficiently in advance of their adoption. This is appropriate to foster good cooperation and transparency between the Commission and Member States and to further develop exchanges between the Commission and national authorities on new or amended authorisation schemes and certain requirements covered by Directive 2006/123/EC, in accordance with Article 4(3) of the Treaty on European Union (TEU). With a view to ensuring the effectiveness of the procedure, breach of the obligation to notify or to refrain from adopting a notified measure, including during the period following the receipt of an alert,a notified measure should be considered to be a substantial procedural defect of a serious nature as regards its effects vis- à-vis individuals, and the consequences for the Member States, including professional organisations, should be appropriate and proportionate with regard to the nature and relevance of the draft measure.
Amendment 76 #
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10a) The Commission should provide guidelines on the procedure and methodology that the Member States, including professional organisations, should follow to perform the proportionality analysis for the draft measure.
Amendment 90 #
Proposal for a directive
Recital 14
Recital 14
(14) Where following the consultation the Commission still has concerns about the compliance with Directive 2006/123/EC of the notified draft measure, it may alert the notifying Member State, giving it the opportunity to bring its draft measure into conformity with EU law. That alert should include an explanation of the legal concerns identified by the Commission or other Member States. Reception of such an alert entails that the notifying Member State shall not adopt the notified measure for three months.
Amendment 98 #
Proposal for a directive
Recital 15
Recital 15
(15) Failure to comply with the obligation to notify draft measures at least three months prior to their adoption and/or to refrain from adopting the notified measure during this period and, as the case may be, during the 3 months following the reception of an alert, should be considered to be a substantial procedural defect of a seriousshould be considered to be a substantial procedural defect and the consequences for the Member States, including professional organisations, should be appropriate and proportionate with regard to the nature asnd regards its effects vis-à-vis individualslevance of the draft measure.
Amendment 114 #
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. The possibility for third parties to comment on the notifications made by the Member States should be facilitated by the Commission.
Amendment 116 #
Proposal for a directive
Recital 17
Recital 17
(17) Interested third parties should be given access to notifications sent by Member StatesNotifications sent by Member States should be disclosed to interested third parties, including professional organisations, 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 145 #
Proposal for a directive
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3 a. Draft measures necessary for the implementation of binding Union Acts shall not be covered by a notification obligation. Member States shall also not be obliged to notify draft measures which solely include the repeal of authorisation schemes or requirements.
Amendment 150 #
Proposal for a directive
Article 3 – paragraph 4
Article 3 – paragraph 4
4. The breach of one of the obligations set out in Article 3(1), (2) and (3) or in Article 6(2)paragraphs 1, 2, 3 and 3a shall constitute a substantial procedural defect of a serious nature as regards its effects vis-à-vis individualsand the consequences for the Member States, including professional organisations, should be appropriate and proportionate to the nature and relevance of the draft measure.
Amendment 169 #
Proposal for a directive
Article 3 – paragraph 5 a (new)
Article 3 – paragraph 5 a (new)
5a. The Commission shall provide guidelines on the procedure and methodology that the Member States, including professional organisations, must follow to perform the proportionality analysis.
Amendment 232 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
The Commission shall publish on a dedicated public website the notifications made by Member States under Articles 3(1) and (2) and the related adopted measures. The Commission’s alert notifications to the Member States referred to in Article 6(1) and (2) shall also be published on the same dedicated website.
Amendment 237 #
Proposal for a directive
Article 9 a (new)
Article 9 a (new)
Article 9 a Pre-notification by stakeholders Stakeholders must have the opportunity to alert the Commission via a designated communication channel of draft measures that are about to be adopted and have not been notified yet, and which raise concerns among stakeholders. The Commission will inform the Member State concerned without delay upon receiving such an alert. A Member State will provide a clarification within 1 month of receipt of such an alert or will notify the draft measure concerned.