Activities of Olle LUDVIGSSON related to 2016/0402(COD)
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council on the legal and operational framework of the European services e-card introduced by Regulation....[ESC Regulation]....
Amendments (56)
Amendment 8 #
Proposal for a directive
Recital 5
Recital 5
(5) Cross-border trade and cross-border investment in csertain business and construction 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 notvices could be further enhanced and there is a potential for better integration of services markets. The potential for more growth and jobs in the Single Market should be fully exploited, while at the same time high standards for consumers and workers should be maintained, and fair competition and a level playing field for companies should be en fully exploitsured.
Amendment 10 #
Proposal for a directive
Recital 7
Recital 7
(7) In order to make it easier to take up and pursue service activities, this Directive builds upon Directive 2006/123/EC but does in no way amend its rules. The scope of this Directive is even more limited compared to the scope laid down in the Services Directive. It specifically targets business and construction service sectors, where many obstacles to cross-border activities still remain. In addition, cross- border trade and investment in construction and several business services are low and both sectors have seen weak productivity growth over the last decade.
Amendment 15 #
Proposal for a directive
Recital 21
Recital 21
(21) There are two types of European services e-cards offered to service providers: a simpler procedure for temporary cross-border provision of services into other Member States, essentially controlling their previous establishment in the home Member State and allowing a host Member State to object to temporary provision of cross-border services only due to overriding reasons of public interests, and a more complex one, framing the control by host Member States of an economic activity in their territory for an indefinite period through secondary establishment in the form of branches, agencies or offices, as long as they justify minimum economic substance, in order to ensure, in a simplified workflow, mutual recognition is performed properly and expeditiously.
Amendment 16 #
Proposal for a directive
Recital 2
Recital 2
(2) Directive 2006/123/EC of the European Parliament and of the Council17 establishes general provisions facilitating the exercise of the freedom of establishment for service providers and the free movement of services. It provides inter alia that Member States should provide for administrative simplification, for instance offering electronic procedures via Points of Single Contact, simplifying existing procedures and the need for certified documents and making best use of a system of tacit approval. The Directive also sets a framework furthering the freedom to provide services on a temporary basis in another Member State. The Services Directive also stresses that it is important to achieve an internal market for services, with the right balance between market opening and preserving public services and social and consumer rights. __________________ 17 Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (OJ L 376, 27.12.2006, p. 36).
Amendment 17 #
Proposal for a directive
Recital 23
Recital 23
(23) The European services e-card for secondary establishment should allow for provision of services in the host Member State through branches, agencies but also any form of office located in its territory. Branches, agencies or offices should be able to justify minimum economic substance, i.e. the existence of human and physical resources specific to the entity, its management autonomy, its legal reality and, where appropriate, the nature of its assets to avoid letter-box companies and tax avoidance. However, for the purposes of the European services e-card, secondary establishment should not include provision of services in the host Member State through subsidiaries of companies established in the home Member State. The fact that a subsidiary is a separate legal entity requires more complex controls than those pertaining to provision of services through a branch, agency or office without separate legal personality. The European services e-card procedure is not suited to cover those complex controls.
Amendment 18 #
Proposal for a directive
Recital 24
Recital 24
(24) The coordinating authority of the home Member State should, upon receiving an application for a European services e-card, complete it and validate its contents in order to accurately demonstrate legal establishment of the provider in its home Member State and describe its circumstances in a manner conducive for host Member State's authorities to pursue their own controls. While inaction on the part of the applicant should lead to a halt in the procedure, inaction on the part of the home Member State's authorities should give way to judicial redressA mere letter-box company does not constitute an establishment.
Amendment 18 #
Proposal for a directive
Recital 5
Recital 5
(5) Cross-border trade and cross-border investment in csertain business and construction 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 notvices could be further enhanced and there is a potential for better integration of services markets. The potential for more growth and jobs in the Single Market should be fully exploited, while at the same time high standards for consumers and workers should be maintained, and fair competition and a level playing field for companies should be en fully exploitsured.
Amendment 19 #
Proposal for a directive
Recital 7
Recital 7
(7) In order to make it easier to take up and pursue service activities, this Directive builds upon Directive 2006/123/EC but does in no way amend its rules. The scope of this Directive is even more limited compared to the scope laid down in the Services Directive. It specifically targets business and construction service sectors, where many obstacles to cross-border activities still remain. In addition, cross- border trade and investment in construction and several business services are low and both sectors have seen weak productivity growth over the last decade.
Amendment 20 #
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10a) This Directive respects the different labour market models of the Member States, including labour market models regulated by collective agreements.
Amendment 24 #
Proposal for a directive
Recital 37
Recital 37
(37) Prior to the issuance of the European services e-card, a host Member State should be allowed to invoke legitimate policy concerns. Nevertheless, in the interest of allowing for a simplified and swift procedure, the principle of tacit approval should be observed in issuing a European services e-card. That is the general principle introduced under Directive 2006/123/EC. An alert of impending tacit approval and the extension of the applicable deadlines by two additional weeks should ensure that the host Member State has the appropriate time and means to consider applications for a European services e- card. A lack of information from the host Member State on applicable requirements should also not impede automatic issue of a European services e-card.
Amendment 27 #
Proposal for a directive
Recital 37
Recital 37
(37) Prior to the issuance of the European services e-card, a host Member State should be allowed to invoke legitimate policy concerns. Nevertheless, in the interest of allowing for a simplified and swift procedure, the principle of tacit approval should be observed in issuing a European services e-card. That is the general principle introduced under Directive 2006/123/EC. An alert of impending tacit approval and the extension of the applicable deadlines by two additional weeks should ensure that the host Member State has the appropriate time and means to consider applications for a European services e- card. A lack of information from the host Member State on applicable requirements should also not impede automatic issue of a European services e-card.
Amendment 29 #
Proposal for a directive
Recital 42
Recital 42
(42) A European services e-card should be valid for an indefinite period in time, without prejudice to, in relation to temporary cross-border services, the effects of case-by-case derogations in accordance with Directive 2006/123/EC limited period.
Amendment 31 #
Proposal for a directive
Recital 42
Recital 42
(42) A European services e-card should be valid for an indefinite period in time, without prejudice to, in relation to temporary cross-border services, the effects of case-by-case derogations in accordance with Directive 2006/123/EC limited period of time.
Amendment 32 #
Proposal for a directive
Recital 47
Recital 47
(47) The application of this Directive should be monitored and assessed in order to determine its impact on the costs of expanding operations cross-border, particularly in relation to service providers, on consumer perception regarding such providers, particularly those holding a European services e-card, and on competition, prices and quality of services and on workers’ rights. The effects of the provisions contained in this Directive should be evaluated regularly, in particular in order to assess whether it would be appropriate to introduce a European services e-card for other service activities. This monitoring will take place in cooperation with Member States, social partners and other relevant stakeholders.
Amendment 35 #
Proposal for a directive
Article 2 – paragraph 3 – subparagraph 2
Article 2 – paragraph 3 – subparagraph 2
This Directive shall be without prejudice to fundamental rights of workers, including trade union rights and the rights of workers, the obligations of service providers and related controls in Member States laid down in Directives 96/71/EC and 2014/67/EU.
Amendment 36 #
Proposal for a directive
Article 2 – paragraph 3 – subparagraph 2
Article 2 – paragraph 3 – subparagraph 2
This Directive shall be without prejudice to the fundamental rights of workers, including trade union rights and the rights of workers, the obligations of service providers and related controls in Member States laid down in Directives 96/71/EC and 2014/67/EU. This directive shall not in any way affect a Member State’s right to assess if a company is considered to be established in its territory.
Amendment 36 #
Proposal for a directive
Article 2 – paragraph 3 a (new)
Article 2 – paragraph 3 a (new)
3a. This Directive shall not in any way affect a Member State’s right to assess whether a company is established in its territory
Amendment 37 #
Proposal for a directive
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
1. "home Member State" means the Member State to which a provider addressed the application for a European services e-cardwhere the service provider is established, performs substantial economic activity and employs human resources;
Amendment 39 #
Proposal for a directive
Article 3 – paragraph 1 – point 13 a (new)
Article 3 – paragraph 1 – point 13 a (new)
13a. “minimum economic substance” means the factual criteria which can be used to define a branch, agency or office, such as the existence of human and physical resources specific to the entity, its management autonomy, its legal reality and, where appropriate, the nature of its assets;
Amendment 39 #
Proposal for a directive
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
A European services e-card for temporary cross-border provision of services conc, as regards the service activities coverned by that e-card, shall be valid throughout the territory of the host Member State.
Amendment 40 #
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1
Article 7 – paragraph 2 – subparagraph 1
A European services e-card shall be valid for an indefinite duration period of 18 months, unless suspended, revoked or cancelled, in accordance with Articles 15 to 17.
Amendment 45 #
Proposal for a directive
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2a. Providers of service activities that have not been economically active in the home Member State for more than six months shall not be eligible for a European services e-card.
Amendment 46 #
Proposal for a directive
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
A European services e-card for temporary cross-border provision of services conc, as regards the service activities coverned by that e-card, shall be valid throughout the territory of the host Member State.
Amendment 46 #
Proposal for a directive
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
A Member State shall not be prevented from applying its rules on employment conditions, including those laid down in collective agreements.
Amendment 47 #
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1
Article 7 – paragraph 2 – subparagraph 1
A European services e-card shall be valid for an indefinite duration period of 18 months, unless suspended, revoked or cancelled, in accordance with Articles 15 to 17. Without prejudice to Article 17(4), Member States shall at any time, perform checks, inspections or investigations, in accordance with Union law and in particular Article 17(5) of this Directive in order to ascertain the occurrence of any event that may, as prescribed by Articles 15 and 16, determine a suspension or revocation of a European services e-card. This shall be without prejudice to measures put in place in accordance with Article 18 of Directive 2006/123/EC.
Amendment 47 #
Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – introductory part
Article 11 – paragraph 1 – subparagraph 1 – introductory part
The coordinating authority of the home Member State shall within onefour weeks of having received an application for a European services e-card:
Amendment 48 #
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
Within twofour weeks from receiving the application the coordinating authority of the host Member State shall examine it and inform the applicant and the home Member State of any requirements applicable to temporary cross-border provisions under the legislation of the host Member State with the exception of those referred to in Article 5(4). In line with the rights of Member States as referred to in Article 10, the coordinating authority of the host Member State may within the same time- limit, decide to object to the issue of the European services e-card by the coordinating authority of the home Member State where it demonstrates that the application of a prior authorisation scheme, prior notification scheme or requirements to the applicant is justified for one of those overriding reasons of public interest set out in Article 16 of Directive 2006/123/EC or is admissible in accordance with other acts of EU law.
Amendment 50 #
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1 a (new)
Article 12 – paragraph 1 – subparagraph 1 a (new)
A Member State shall not be prevented from applying its rules on employment conditions, including those laid down in collective agreements.
Amendment 51 #
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 2
Article 7 – paragraph 2 – subparagraph 2
Amendment 51 #
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Taking into account the rights of Member States as referred to in Article 10, if the coordinating authority of the host Member State does not react within the time-limit referred to in paragraph 1, that time limit shall automatically be extended by twofour additional weeks and the electronic platform where the application for a European services e-card has been submitted shall issue an alert to the coordinating authority of the host Member State to the effect that failure to react shall imply that there is ano objection to the issue of the European services e-card to the applicant.
Amendment 53 #
Proposal for a directive
Article 12 – paragraph 3 – subparagraph 1
Article 12 – paragraph 3 – subparagraph 1
If the host Member State does not object in accordance with paragraph 1, the coordinating authority of the home Member State shall issue the European services e-card without delay upon expiration of the extended time-limit resulting from the application of paragraph 2. In the absence of any objection under the second subparagraph of paragraph 1 and failing a decision by the coordinating authority of the home Member State upon expiration of the extended time-limit resulting from the application of paragraph 2, the European services e-card shall be deemed to have been issued by the home Member State in the terms communicarejected toby the hostme Member State in accordance with Article 11(2).
Amendment 54 #
Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – introductory part
Article 11 – paragraph 1 – subparagraph 1 – introductory part
The coordinating authority of the home Member State shall within onefour weeks of having received an application for a European services e-card:
Amendment 54 #
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Taking into account the rights of Member States as referred to in Article 10, if the coordinating authority of the host Member State does not react within the time-limit referred to in paragraph 1, that time limit shall automatically be extended by twofour additional weeks and the electronic platform where the application for a European services e-card has been submitted shall issue an alert to the coordinating authority of the host Member State to the effect that failure to react shall imply that the European services e-card shalls be issued to the applicanten rejected.
Amendment 55 #
Proposal for a directive
Article 13 – paragraph 4 – subparagraph 1
Article 13 – paragraph 4 – subparagraph 1
The coordinating authority of the host Member State shall assess, within onetwo weeks upon receipt of proof of compliance with the conditions identified in accordance with paragraph 1, whether to issue the European services e-card or reject the application for the European services e- card.
Amendment 56 #
Proposal for a directive
Article 13 – paragraph 4 – subparagraph 4
Article 13 – paragraph 4 – subparagraph 4
Upon receipt of the observations of the applicant or, where no observations have been made, upon expiration of the time- limit to present those observations, the coordinating authority of the host Member State shall decide, within onetwo weeks, whether to issue the European services e- card or reject the application for the European services e-card.
Amendment 57 #
Proposal for a directive
Article 13 – paragraph 4 – subparagraph 4
Article 13 – paragraph 4 – subparagraph 4
Upon receipt of the observations of the applicant or, where no observations have been made, upon expiration of the time- limit to present those observations, the coordinating authority of the host Member State shall decide, within onetwo weeks, whether to issue the European services e- card or reject the application for the European services e-card.
Amendment 58 #
Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – point b
Article 11 – paragraph 1 – subparagraph 1 – point b
(b) verify the completeness and accuracy of the information provided; legal establishment and minimum economic substance of the applicant in that Member State for the services activities in question, including the verification of the content and validity of accompanying documents, if any, that prove compliance with requirements of legal establishment and minimum economic substance to which the applicant is subject in the home Member State;
Amendment 58 #
Proposal for a directive
Article 13 – paragraph 6
Article 13 – paragraph 6
6. In case the host Member State, upon expiration of the periods for its reaction mentioned in paragraphs, 2 and 4, does not request compliance with any condition under paragraph 1 or does not take the decision to issue the European services e-card under paragraph 4, the European services e-card shall be deemed to have been issued by the host Member State in the terms communicarejected toby the host Member State in accordance with Article 11(2).
Amendment 59 #
Proposal for a directive
Article 16 – paragraph 3 – point vi a (new)
Article 16 – paragraph 3 – point vi a (new)
(via) does not respect the existing employer obligations or workers’ and trade unions’ rights.
Amendment 60 #
Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – point d
Article 11 – paragraph 1 – subparagraph 1 – point d
(d) verify the content and validity of accompanying documents, if any, that prove compliance with requirements applicable to the service provision to which the applicant is subject inmpleteness and accuracy of the other information provided, including documents provided to show compliance with requirements imposed on providers for commencement of provision of the services in question in the territory of the host Member State, except for the information reserved for assessment by the homest Member State;
Amendment 60 #
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
The Commission, with Member States, social partners and other relevant stakeholders, will establish monitoring arrangements to monitor and assess the implementation and impacts of this Directive, in particular on workers’ rights and how it impacts freedom of establishment and freedom to provide services across Member States for the service activities covered, namely by reducing costs for providers, enhancing transparency about providers expanding cross-border and increasing competition, and how it impacts prices and quality of the services concerned, considering relevant indicators.
Amendment 61 #
Proposal for a directive
Annex I – Section F
Annex I – Section F
Amendment 62 #
Proposal for a directive
Article 11 – paragraph 1 – subparagraph 2
Article 11 – paragraph 1 – subparagraph 2
An application for a European services e- card may be rejected by the coordinating authority of the home Member State due to failure to verify the application in accordance with points (b), (c) and (d) of the first subparagraph or due to inaction by the applicant to provide supplement of an incomplete application. Where the coordinating authority of the home Member State requests supplementing of the application from the applicant, the time-limit is suspended until that information is provided.
Amendment 64 #
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The coordinating authority of the home Member State shall, upon completion of the tasks referred to in paragraph 1, communicate without delay the application to the coordinating authority of the host Member State, with information to the applicant. This communication shall constitute proof of establishment and minimum economic substance of the applicant in the territory of its home Member State, entitled, in the territory of the home Member State, to provide the service activities to which the application refers.
Amendment 65 #
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
3. The decisions and actions by the coordinating authority ofDue to unforeseen circumstances, such as the hcome Member State, notified to the applicant through the electronic platform where the standard form for application is made available, or the absence of a decision or action within the time-limit shall be subject to appeal under national law of the home Member Stateplexity of the application, the coordinating authority may extend the time limit; the coordinating authority shall without delay notify the applicant of this extension.
Amendment 66 #
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
Within twofour weeks from receiving the application the coordinating authority of the host Member State shall examine it and inform the applicant and the home Member State of any requirements applicable to temporary cross-border provisions under the legislation of the host Member State with the exception of those referred to in Article 5(4). In line with the rights of Member States as referred to in Article 10, the coordinating authority of the host Member State may within the same time- limit, decide to object to the issue of the European services e-card by the coordinating authority of the home Member State where it demonstrates that the application of a prior authorisation scheme, prior notification scheme or requirements to the applicant is justified for one of those overriding reasons of public interest set out in Article 16 of Directive 2006/123/EC or is admissible in accordance with other acts of EU law.
Amendment 70 #
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 2
Article 12 – paragraph 1 – subparagraph 2
The host Member State shall take due account in that assessment of the requirements that the applicant already meets in its home Member States. For the purpose of that assessment and within the above-mentioned time-limit, the coordinating authority of the host Member State shall be allowed to request necessary clarifications or necessary additional information from the home Member State or the applicant which is not yet contained in the application. In that case, the time limit referred to in this paragraph is suspended until the requested necessary clarification or necessary additional information is supplied. The procedure for requesting clarifications or additional information will be laid down by way of the delegated acts referenced in paragraph 4. An application for a European services e-card may be dismissed by the coordinating authority of the host Member State due to inaction by the applicant to provide clarifications or additional information which has been requested.
Amendment 71 #
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Taking into account the rights of Member States as referred to in Article 10, if the coordinating authority of the host Member State does not react within the time-limit referred to in paragraph 1, that time limit shall automatically be extended by twofour additional weeks and the electronic platform where the application for a European services e-card has been submitted shall issue an alert to the coordinating authority of the host Member State to the effect that failure to react shall imply that there is ano objection to the issue of the European services e-card to the applicant.
Amendment 75 #
Proposal for a directive
Article 12 – paragraph 3 – subparagraph 1
Article 12 – paragraph 3 – subparagraph 1
If the host Member State does not object in accordance with paragraph 1, the coordinating authority of the home Member State shall issue the European services e-card without delay upon expiration of the extended time-limit resulting from the application of paragraph 2. In the absence of any objection under the second subparagraph of paragraph 1 and failing a decision by the coordinating authority of the home Member State upon expiration of the extended time-limit resulting from the application of paragraph 2, the European services e-card shall be deemed to have been issued by the home Member State in the terms communicarejected toby the hostme Member State in accordance with Article 11(2).
Amendment 78 #
Proposal for a directive
Article 13 – paragraph 1 – subparagraph 1
Article 13 – paragraph 1 – subparagraph 1
In the context of a procedure for issuing a European services e-card for establishment in the form of a branch, agency or office, the coordinating authority of the host Member State shall, within four weeks from receiving the application, identify which, if any, prior authorisation scheme or prior notification scheme as referred to in Article 5(2) is applicable, in compliance with EU law, to such establishment. If such a prior authorisation scheme or prior notification scheme has been identified, the host Member State shall also identify the conditions which the applicant is required to comply with, including the minimum economic substance requirement as referred to in Article 3(13a), with the exception of those referred to in Article 5(5). The host Member State shall indicate why the application of such a prior authorisation scheme or prior notification scheme is necessary and proportionate for the pursuance of overriding reasons of public interest.
Amendment 81 #
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
Amendment 83 #
Proposal for a directive
Article 13 – paragraph 4 – subparagraph 1
Article 13 – paragraph 4 – subparagraph 1
The coordinating authority of the host Member State shall assess, within onetwo weeks upon receipt of proof of compliance with the conditions identified in accordance with paragraph 1, whether to issue the European services e-card or reject the application for the European services e- card.
Amendment 90 #
Proposal for a directive
Article 13 – paragraph 4 – subparagraph 4
Article 13 – paragraph 4 – subparagraph 4
Upon receipt of the observations of the applicant or, where no observations have been made, upon expiration of the time- limit to present those observations, the coordinating authority of the host Member State shall decide, within onetwo weeks, whether to issue the European services e- card or reject the application for the European services e-card.
Amendment 94 #
Proposal for a directive
Article 13 – paragraph 5 – subparagraph 1
Article 13 – paragraph 5 – subparagraph 1
The coordinating authority of the host Member State shall be allowed to request necessary clarifications or necessary additional information from the home Member State or the applicant which is not yet contained in the application. In that case, the time limits referred to in paragraphs 1 and 4 are suspended until the requested necessary clarification or necessary additional information is supplied. An application for a European services e-card may be dismissed by the coordinating authority of the host Member State due to inaction by the applicant to provide clarifications or additional information which has been requested.
Amendment 97 #
Proposal for a directive
Article 13 – paragraph 6
Article 13 – paragraph 6
6. In case the host Member State, upon expiration of the periods for its reaction mentioned in paragraphs, 2 and 4, does not request compliance with any condition under paragraph 1 or does not take the decision to issue the European services e-card under paragraph 4, the European services e-card shall be deemed to have been issued by the host Member State in the terms communicarejected toby the host Member State in accordance with Article 11(2).
Amendment 116 #
Proposal for a directive
Annex I – paragraph 1 – part 1
Annex I – paragraph 1 – part 1