Activities of Antonio LÓPEZ-ISTÚRIZ WHITE related to 2016/0404(COD)
Legal basis opinions (0)
Amendments (25)
Amendment 71 #
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) In accordance with the Services Directive (2006/123/EC), another of the legal instruments underpinning this proposal for a directive, it is consistent, appropriate and necessary to exclude health professions from the scope of this Directive, along the same lines as the European legislator provided for in the Services Directive with regard to health services. In this respect, the Member States must regulate health services in the general interest in terms of safeguarding quality and protecting public health, applying the proportionality principle as they have being doing thus far, and taking into account the specific demographic, geographical, financial and cultural circumstances in the country concerned.
Amendment 76 #
Proposal for a directive
Recital 7 b (new)
Recital 7 b (new)
(7b) Health services in the EU are among the top-ranked in the world in terms of accessibility and the high quality of health services provided to citizens, and this has been achieved thanks to extensive regulation of health professions at national level.
Amendment 77 #
Proposal for a directive
Recital 7 c (new)
Recital 7 c (new)
(7c) The Court of Justice and the European legislator have held that people’s health and lives are of prime importance among the assets and interests protected by the TFEU. Both have also acknowledged that it is for the Member States to determine the level of protection they wish to grant to public health, and the manner in which that level should be achieved.
Amendment 80 #
Proposal for a directive
Recital 7 d (new)
Recital 7 d (new)
(7d) The Member States currently take the proportionality principle into account when formulating their health policies, including those relating to the regulation of health professions, so that such regulation evolves in step with scientific development and with the development and requirements of health systems, in line with societal demands.
Amendment 88 #
Proposal for a directive
Recital 9
Recital 9
(9) The burden of proof ofas regards justification and proportionality lies onwith the Member States, who must be assisted by professional organisations and other stakeholders. The reasons for regulation invoked by a Member State by way of justification should thus be accompanied by an analysis of the appropriateness and proportionality of the measure adopted by that Member State and by specific evidence substantiating its arguments.
Amendment 95 #
Proposal for a directive
Recital 11
Recital 11
(11) Member States should carry out proportionality assessments in an objective and independent manner, including where a profession is regulated indirectly, by giving a particular professional body the power to do so. In particular, while the assessment of the local authorities, regulatory bodies or professional organisations, whose greater proximity to local conditions and specialised knowledge could in certain cases make them better placed to identify the best way of meeting the public interest objectives, there is particular reason for concern in cases where the policy choice made by those authorities or bodies provides benefits to established operators at the expense of new market entrantsThe Member States may obtain comments from any bodies they consider relevant and capable of providing such comments, especially bodies that are part of the national legislative process and have advisory powers, such as professional organisations, for example.
Amendment 104 #
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 provisions relating to specific professional qualifications, laid down directly or indirectly by the Member States, it is necessary to ensure that such provisions 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 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, of the recipients of services and of workers; safeguarding the proper administration of justice; fairness of trade transactions; combating fraud and prevention of tax evasion and avoidance; road safety; 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. According to settled case-law, purely economic reasons, having essentially protectionist aims, as well as purely administrative reasons, such as carrying out controls or gathering statistics cannot constitute an overriding reason of general interest. The security of digital data, as well as industrial and energy security, must also be considered to be principles of general interest.
Amendment 107 #
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 display 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. Member States should apply the proportionality criteria laid down in this Directive when introducing new or substantially 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 content and the impact of the provision being introduced, and should take into account the entirety of the regulatory context for a given regulated profession.
Amendment 116 #
Proposal for a directive
Recital 15
Recital 15
(15) Requirements linked to professional qualifications should be considered as necessary only where existing measures, such as consumer protection law, cannot be regarded as being strictly suitable or genuinely effective to achieve the aim pursued.
Amendment 117 #
Proposal for a directive
Recital 16
Recital 16
(16) Among the elements to be taken into account by national authorities, the following are of most relevance: the link between the scope of professional activities covered by a profession and the professional qualification required; the complexity of the tasks in particular as regards the level, the nature and the duration of the training or experience required; the existence of different routes to obtain the professional qualification; the scope of the professional activities, reserved to holders of a particular professional qualification, and in particular whether the activities reserved to certain professionals can be shared with other professionals; the degree of autonomy in exercising a regulated profession in particular where the activities relating to a regulated profession are pursued under the control and responsibility of a duly qualified professional. The failure to take account of one of the aforementioned elements does not mean that the proportionality assessment has not been carried out correctly.
Amendment 134 #
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 by consumer protection and where the risks identified are limited to the relationship between the professional and the consumer without negatively affecting third parties, the objective could be attained by less restrictive means than reserving activities to professionals, such as protection of the professional title or enrolment on a professional register. Regulation by way of reserved activities should be used only in cases where the measures aim at preventing a risk of serious harm to public interest objectives.
Amendment 139 #
Proposal for a directive
Recital 20 a (new)
Recital 20 a (new)
(20a) The introduction of additional requirements might be suitable to attain the public interest objectives. The mere fact that their individual or combined effect should be assessed does not mean that those requirements are prima facie disproportionate. For example, the obligation to undergo continuous professional development might be suitable to ensure that professionals keep abreast of developments in their respective areas, as long as it does not lay down discriminatory and disproportionate conditions to the detriment of new entrants. Likewise, compulsory membership of a professional organisation should be considered appropriate where professional organisations are entrusted by the State with safeguarding the relevant public interest objectives, for example in supervising the legitimate practice of the profession, or organising or supervising continuous professional training; where the independence of a profession cannot be adequately guaranteed by other means, Member States may consider the application of safeguards, such as limiting the shareholding of persons outside the profession or providing that the majority of the voting rights are to be held by persons practising the profession, as long as such safeguards do not go beyond what is necessary in order to protect the public interest objective. Where the introduction of additional requirements duplicates requirements which have already been introduced by a Member State in the context of other rules or procedures, such requirements cannot be regarded as proportionate to achieve the objective pursued.
Amendment 144 #
Proposal for a directive
Recital 20 b (new)
Recital 20 b (new)
(20b) Proportionality assessments on legislation restricting access to regulated professions must be accompanied by a methodology that makes it clear what steps competent authorities are required to take, and stakeholders such as professional organisations also need to be involved in the process.
Amendment 146 #
Proposal for a directive
Recital 21
Recital 21
(21) It is essential for the proper functioning of the internal market to ensure that Member States provide information to citizens, professional organisations and representative associations or other relevant stakeholders beforewhen introducing new measureor amending existing requirements restricting access to, or pursuit of, regulated professions, and give them the opportunity to make known their views.
Amendment 158 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
This Directive lays down rules on a common framework for conducting proportionality assessments beforewhen introducing new or substantially amending existing legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, or amending existing ones, with a view to ensuring the proper functioning of the internal market.
Amendment 167 #
Proposal for a directive
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
1a. This Directive shall not apply to requirements restricting access to, or the pursuit of, regulated professions providing health services, including pharmaceutical services, whether or not they are provided in healthcare facilities, and regardless of the ways in which they are organised and financed at State level or whether they are public or private.
Amendment 197 #
Proposal for a directive
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
4a. The Member States shall, on a regular basis and with an appropriate frequency, assess the effects of the implementation of this Directive on new or amended legislative, regulatory or administrative provisions.
Amendment 204 #
Proposal for a directive
Article 4 – paragraph 5
Article 4 – paragraph 5
5. Member States shall take the necessary measures to ensure that the assessment of proportionality referred to in paragraph 1 is carried out in an objective and independent manner including through involvement of independent scrutiny bodies and professional organisations.
Amendment 210 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The relevant competent authoritiMember 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, such as 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, 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 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, the security of digital data, and industrial and energy security.
Amendment 230 #
Proposal for a directive
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. When assessing the necessity and the proportionality of the provisions, the relevant competent authoritiMember States shall consider in particular:
Amendment 252 #
Proposal for a directive
Article 6 – paragraph 2 – point d
Article 6 – paragraph 2 – point d
(d) the appropriate link between the scope of activities covered by a profession or reserved to it and the specific professional qualification required;
Amendment 310 #
Proposal for a directive
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
4a. The Commission shall provide guidelines on the procedure and methodology that the Member States must follow to conduct proportionality assessments on legislative, regulatory or administrative provisions restricting access to regulated professions that they wish to introduce or amend, making reference to the elements described in Article 6(2) of the proposal for a directive.
Amendment 316 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
Member States shall, by appropriate means, inform citizens, service recipients, representative associprofessional organisations and relevant stakeholders other than the members of the profession befowhen they are introducing new legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, or amending existing ones, and give them the opportunity to make known their views.
Amendment 317 #
Proposal for a directive
Article 7 a (new)
Article 7 a (new)
Article 7a The obligation to provide information referred to in the previous paragraph shall also apply when new legislative, regulatory or administrative provisions removing restrictions on access to or pursuit of regulated professions are introduced, or existing ones are amended, and all stakeholders shall be given the opportunity to make known their views.
Amendment 330 #
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Member States and other interested parties, including professional organisations, may submit comments to the Commission or to the Member State which has notified the provisions.