23 Amendments of Konstantinos POUPAKIS related to 2011/0435(COD)
Amendment 94 #
Proposal for a directive
Recital 3
Recital 3
(3) In order to promote the free movement of professionals, while ensuring a more efficient and transparent recognition of qualifications it is necessary, mainly for professions falling under the automatic recognition procedure, to provide for a European Professional Card, where these professions so request. In particular that card is necessary to facilitate temporary mobility and recognition under the automatic recognition system, as well as to promote a simplified recognition process under the general system. The card should be issued upon request from a professional and after submission of necessary documents and completion of related review and verification procedures by the competent authorities. The functioning of the card should be supported by the Internal Market Information System (IMI) established by Regulation (EU) No […] on administrative cooperation through the Internal Market Information System23. This mechanism should help enhance synergies and trust among competent authorities, while at the same time eliminating duplication of administrative work for the authorities and creating more transparency and certainty for professionals. The process for the application and issuing of the card should be clearly structured and incorporate safeguards and the corresponding rights of appeal for the applicant. The card and the related workflow within IMI should ensure the integrity, authenticity and confidentiality of the data stored and avoid unlawful and unauthorised access to information contained therein.
Amendment 106 #
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, athose host Member State shoulds that authorise it may 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 or in the case of professions with a particular geographical character, a Member State should be able to refuse partial access.
Amendment 120 #
Proposal for a directive
Recital 10
Recital 10
(10) In the absence of harmonisation of the minimum training conditions for access to the professions governed by the general system, it should remain possible for the host Member State to impose a compensation measure. This measure should be proportionate and, in particular, take account of the knowledge, skills and competences gained by the applicant in the course of his professional experience or through lifelong learning certified by the competent authorities. The decision imposing a compensatory measure should be justified in detail in order to enable the applicant to better understand his situation and to seek legal scrutiny before national courts under Directive 2005/36/EC.
Amendment 142 #
Proposal for a directive
Recital 20
Recital 20
Amendment 170 #
Proposal for a directive
Recital 26
Recital 26
(26) The advisory procedure should be used for the adoption of implementing acts in order to lay down common and uniform rules regarding the specification of European Professional Cards for specific professions that so request, the format of the European Professional Card, the translations necessary to support an application for issuing a European Professional Card, details for the assessment of the applications for a European Professional Card, the technical specifications and the measures necessary to ensure integrity, confidentiality and accuracy of information contained in the European Professional Card and in the IMI file, the conditions and the procedures for making available a European Professional Card, the conditions of access to the IMI file, the technical means and the procedures for the verification of the authenticity and validity of a European Professional Card and the implementation of the alert mechanism, due to the technical nature of those implementing acts.
Amendment 184 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2005/36/EC
Article 1 – paragraph 2
Article 1 – paragraph 2
This Directive also establishes rules concerning partial access to a regulated profession and access to and recognition of remunerated traineeships pursued in another Member Statein Member States that authorise it to certain regulated professions for reasons of health, public safety and geographical specificity.
Amendment 190 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2005/36/EC
Article 2 – Paragraph 1
Article 2 – Paragraph 1
1. This Directive shall apply to all nationals of a Member State wishing to pursue a regulated profession or a remunerated traineeship in a Member State, including those belonging to the liberal professions, other than that in which they obtained their professional qualifications, on either a self-employed or employed basis.
Amendment 194 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2005/36/EC
Article 2 – Paragraph 2 (new)
Article 2 – Paragraph 2 (new)
2. Each Member State may authorize, in accordance with its regulations, the pursuit of a regulated profession on its territory, within the meaning of Article 3, paragraph 1 (a), by nationals of Member States who hold professional qualifications not obtained in a Member State. For the professions covered by Title III, Chapter III, this initial recognition must take place within the framework of the minimum training conditions laid down in the Chapter in question.
Amendment 196 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 (new)
Article 1 – paragraph 1 – point 2 (new)
Directive 2005/36/EC
Article 2 – Paragraph 3a (new)
Article 2 – Paragraph 3a (new)
1 a. 3a (new) The specificity of the geographical nature of some professions should be taken into account where possible in implementing this Directive.
Amendment 197 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a – point ii
Article 1 – paragraph 1 – point 3 – point a – point ii
Directive 2005/36/EC
Article 3 – Paragraph 1 – point i
Article 3 – Paragraph 1 – point i
Amendment 238 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4a – Paragraph 6
Article 4a – Paragraph 6
6. The Commission shall adopt implementing acts specifying European Professional Cards for specific, mainly for professions falling under the automatic recognition procedure, where these professions so request, establishing the format of the European Professional Card, the translations necessary to support any application for issuing a European Professional Card and details for the assessment of applications, taking into account the particularities of each profession concerned. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 58.
Amendment 330 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
2005/36/ΕΚ
Article 4 f – Paragraph 1
Article 4 f – Paragraph 1
1. TWhere the competent authority of the host Member State shall grants partial access to a professional activity in its territory provided that, the following conditions armust be fulfilled:
Amendment 404 #
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point c
Article 1 – paragraph 1 – point 7 – point c
2005/36/ΕΚ
Article 4 a – Paragraph 6
Article 4 a – Paragraph 6
Where there is a substantial difference between the professional qualifications of the service provider and the training required in the host Member State, to the extent that that difference is such as to be harmful to public health or safety, and that it cannot be compensated by professional experience or lifelong learning of the service provider certified by competent bodies, the host Member State shall give the service provider the opportunity to show, in particular by means of an aptitude test, that he has acquired the lacking knowledge or competence. In any case, it must be possible to provide the service within one month of a decision being taken in accordance with the third subparagraph.
Amendment 412 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point c
Article 1 – paragraph 1 – point 9 – point c
Directive 2005/36/EC
Article 11 – point d
Article 11 – point d
(d) a diploma certifying successful completion of training at post-secondary level of at least three and not more than four years' duration, or of an equivalent duration on a part-time basis, orwhich, if applicable in the home Member State, corresponds tof an equivalent number of European Credit Transfer and Accumulation System (ECTS) credits, at a university or establishment of higher education or another establishment of equivalent level and, where appropriate, that he has successfully completed the professional training required in addition to the post- secondary course;
Amendment 414 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point c
Article 1 – paragraph 1 – point 9 – point c
Directive 2005/36/EC
Article 11 – point e
Article 11 – point e
(e) diploma certifying that the holder has successfully completed a post-secondary course of more than four years' duration, or of an equivalent duration on a part-time basis, orwhich, if applicable in the home Member State, corresponds tof an equivalent number of ECTS credits, at a university or establishment of higher education or another establishment of equivalent level and, where appropriate, that he has successfully completed the professional training required in addition to the post-secondary course.
Amendment 418 #
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Directive 2005/36/EC
Article 13 – paragraph 2
Article 13 – paragraph 2
Access to and pursuit of the profession referred to in paragraph 1 shall also be granted to applicants possessing an attestation of competence or evidence of formal qualifications referredwho have pursued the profession referred to in that paragraph on a full-time basis for two in Article 11 issued byyears during the previous 10 years, in another Member State which does not regulate that profession, providing they possess one or more attestations of competence or documents providing evidence of formal qualifications.
Amendment 428 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point b
Article 1 – paragraph 1 – point 12 – point b
Directive 2005/36/EC
Article 14 – paragraph 2 –subparagraph 3
Article 14 – paragraph 2 –subparagraph 3
Where the Commission, after receiving all the necessary information, considers that the derogation referred to in the second subparagraph is inappropriate or that it is not in accordance with Union law, it shall adopt an implementing decision, within six months of receiving all necessary information, to ask the relevant Member Staterequest the home Member State within three months to refrain from taking the envisaged measure. In the absence of a response from the Commission withinat the expiry of that deadline, the derogation may be applied.
Amendment 437 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point e
Article 1 – paragraph 1 – point 12 – point e
Directive 2005/36/EC
Article 14 – Paragraph 6 – point e
Article 14 – Paragraph 6 – point e
(e) explain why these substantial differences cannot be compensated by the applicants knowledge, skills and competences gained in the course of his professional experience and through lifelong learning certified by competent authorities.
Amendment 621 #
Proposal for a directive
Article 1 – paragraph 1 – point 39
Article 1 – paragraph 1 – point 39
Directive 2005/36/EC
Article 55 a
Article 55 a
Amendment 672 #
Proposal for a directive
Article 1 – paragraph 1 – point 43
Article 1 – paragraph 1 – point 43
Directive 2005/36/EC
Article 57 – Paragraph 1
Article 57 – Paragraph 1
1. Member States shall ensure that the following information is available online and regularly updated through the points of single contact, which must have specialised support staff to provide advice to citizens, including advice provided in person:
Amendment 679 #
Proposal for a directive
Article 1 – paragraph 1 – point 43 (new)
Article 1 – paragraph 1 – point 43 (new)
Directive 2005/36/EC
Article 57 a – paragraph 3 a (new)
Article 57 a – paragraph 3 a (new)
3a. The authorities responsible for the recognition of qualifications may request the originals of the qualifications in question.
Amendment 687 #
Proposal for a directive
Article 1 – paragraph 1 – point 44
Article 1 – paragraph 1 – point 44
Directive 2005/36/EC
Article 57 a – paragraph 4
Article 57 a – paragraph 4
4. All procedures shall be carried out in accordance with the provisions of Directive 2006/123/EC relating to the points of single contact. Any time limits for Member States to be complied with procedures or formalities set out in this Directive shall commence at the point when an completed application has been submitted by a citizen to the competent authorities at a point of single contact.
Amendment 704 #
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 in which both national and European experts are represented. That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011.