15 Amendments of Sirpa PIETIKÄINEN related to 2011/0435(COD)
Amendment 99 #
Proposal for a directive
Recital 4
Recital 4
(4) Directive 2005/36/EC only applies to professionals who want to pursue the same profession in another Member State. There are cases where the activities concerned are part of a profession with a larger scope of activities in the host Member State. If the differences between the fields of activity are so large that in reality a full programme of education and training is required from the professional to compensate for shortcomings and if the professional so requests, a host Member State should under these particular circumstances grant partial access. However, in case of overriding reasons of general interest, such as in the case of a doctor of medicine or other health professionals, a Member State should be able to refuse partial accessa Member State should be able to refuse partial access. Partial access will not be granted for professionals providing health services or otherwise related to public welfare.
Amendment 176 #
Proposal for a directive
Recital 30 a (new)
Recital 30 a (new)
(30 a) This Directive is without prejudice to measures necessary to ensure a high level of health and consumer protection.
Amendment 242 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4 a – paragraph 7
Article 4 a – paragraph 7
7. Any fees which applicants may incur in relation to administrative procedures to issue a European Professional Card shall be reasonable, proportionate and commensurate with the costs incurred by the home and host Member States and shall not act as a disincentive to apply for a European Professional Card. The Commission shall be empowered to adopt delegated acts in accordance with Article 58a concerning the setting of criteria for the calculation and distribution of fees.
Amendment 246 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4a - paragraph 8
Article 4a - paragraph 8
The recognition of qualifications through a European Professional Card shallmay serve as a procedural alternative to the recognition of professional qualifications under the procedures provided in Title II and III of this Directive.
Amendment 263 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
2011/0435(COD)
Article 4c – paragraph 1
Article 4c – paragraph 1
1. The competent authority of the home Member State shall verify the application, create and validate a European Professional Card within two weeksone month from the date it receives a complete application. It shall inform the applicant and the Member State in which the applicant envisages to provide services, of the validation of the European Professional Card. The transmission of the validation information to the host Member States concerned shall constitute the declaration provided for in Article 7. The host Member State may not require a further declaration under Article 7 for the following two years.
Amendment 285 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 (new)
Article 1 – paragraph 1 – point 5 (new)
2011/0435(COD)
Article 4d, paragraph 1a
Article 4d, paragraph 1a
1 a. In case where neither the profession nor the education and training leading to this profession is regulated in the home Member State, the competent authority of this Member State shall at least verify that the applicant is legally established and the authenticity and the completeness of the submitted documents, to the extent possible.
Amendment 299 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
2011/0435(COD)
Article 4, paragraph 5
Article 4, paragraph 5
Amendment 354 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
2011/0435(COD)
Article 4 f – paragraph 2
Article 4 f – paragraph 2
2. Partial access may be rejected if such rejection is justified by an overriding reason of general interest, such as public health, it would secure the attainment of the objective pursued and it would not go beyond what is strictly necessary.will not be granted for professions providing health services or otherwise related to public welfare
Amendment 447 #
Proposal for a directive
Article 1 – paragraph 1 – point 16
Article 1 – paragraph 1 – point 16
Directive 2005/36/EC
Article 21a – paragraph 2
Article 21a – paragraph 2
Amendment 532 #
Proposal for a directive
Article 1 – paragraph 1 – point 30 – point a
Article 1 – paragraph 1 – point 30 – point a
Directive 2005/36/EC
Article 44 – paragraph 2 – point b
Article 44 – paragraph 2 – point b
(b) during or at the end of the theoretical and practical training, a six-month traineeship in a pharmacy which is open to the public or in a hospital under the supervision of that hospital's pharmaceutical department.
Amendment 571 #
Proposal for a directive
Article 1 – paragraph 1 – point 35
Article 1 – paragraph 1 – point 35
Directive 2005/36/EC
Article 49 a – paragraph 2 d
Article 49 a – paragraph 2 d
(d) the knowledge, skills and competences for such common training framework shallcan refer to levels of the European Qualifications Framework, as defined in Annex II of the Recommendation of the European Parliament and of the Council on the establishment of the European Qualifications Framework for lifelong learning(*);
Amendment 598 #
Proposal for a directive
Article 1 – paragraph 1 – point 38
Article 1 – paragraph 1 – point 38
Directive 2005/36/EC
Article 53 – paragraph 2
Article 53 – paragraph 2
A Member State shall ensure that any controlverifications of the knowledge of a language are carried out by a competent authority after the decisions referred to in Articles 4d, 7(4) and 51(3) have been taken and if there is a serious and concrete doubt about the professional's sufficient language knowledge in respect of the professional activities this person intends to pursue.
Amendment 604 #
Proposal for a directive
Article 1 – paragraph 1 – point 38
Article 1 – paragraph 1 – point 38
Directive 2005/36/EC
Article 53 – paragraph 2 – subparagraph 2
Article 53 – paragraph 2 – subparagraph 2
In case of professions with public health patient safety implications, Member States may confer to the competent authorities the right to carry out language checking covering all professionals concerned if it is expressly requested by the national health care system, or in case of self-employed professionals not affiliated to the nationals health care system, by representative national patient organisationsverify the knowledge language necessary to carry out the specific role. Language verification undertaken by the competent authority shall not prevent an employer from carrying out additional checks, as appropriate.
Amendment 612 #
Proposal for a directive
Article 1 – paragraph 1 – point 38
Article 1 – paragraph 1 – point 38
Directive 2005/36/EC
Article 53 – paragraph 2 – subparagraph 3
Article 53 – paragraph 2 – subparagraph 3
Any language control shall be limited to the knowledge of one of the official languages of the Member State according to the choice of the person concerned, itknowledge verification shall be proportionate to the activity to be pursued and free of charge for the professional. The person concerned shall be allowed to appeal such controls before national courts.
Amendment 701 #
Proposal for a directive
Article 1 – paragraph 1 – point 46
Article 1 – paragraph 1 – point 46
Directive 2005/36/EC
Article 58 – paragraph 1
Article 58 – paragraph 1
1. The Commission shall be assisted by a Committee on the recognition of professional qualifications, ensuring appropriate representation and consultations at both European and national expert level as mentioned under recital 24. That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011.