Activities of Emilie TURUNEN related to 2011/0435(COD)
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council amending Directive 2005/36/EC on the recognition of professional qualifications and Regulation on administrative cooperation through the Internal Market Information System (IMI)
Amendments (110)
Amendment 20 #
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) The Commission should evaluate 5 years after adoption of the European Professional Card the impact of making such a Professional Card compulsory and indicate whether further action seems advisable at a later stage.
Amendment 42 #
Proposal for a directive
Recital 20
Recital 20
(20) Graduates wishing to pursue a remunerated traineeship in another Member State where such traineeship is possible should be covered by Directive 2005/36/EC in order to foster their mobility. It is also necessary to provide for the recognition of their traineeship by the home Member State.
Amendment 51 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2005/36/EC
Article 1
Article 1
This Directive also establishes rules concerning partial access to a regulated profession and access to and recognition of remunerated traineeships pursued in another Member State.
Amendment 54 #
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 58 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a – point i
Article 1 – paragraph 1 – point 3 – point a – point i
Directive 2005/36/EC
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
(f) “professional experience”: the actual and lawful full-time or equivalent part- time pursuit of the profession concerned in a Member State; which facilitates in relation to a specific profession, the achievement of standards of knowledge, competence, ability and skills;
Amendment 59 #
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 j
Article 3.– paragraph 1 – point j
(j) “remunerated traineeship”: the pursuit of supervised and remunerated activities, with a view to access to a regulated profession granted on the basis of an examination;
Amendment 62 #
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 l a (new)
Article 3 – paragraph 1 – point l a (new)
(l a) "continuing professional development": the means by which members of professional associations maintain, improve and broaden their knowledge and skills and develop the personal qualities required in their professional lives.
Amendment 63 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4a – paragraph 1 a (new)
Article 4a – paragraph 1 a (new)
1a. The Commission shall support Member States and the relevant professions in implementing a process to introduce the European Professional Card as an option. This process shall be evaluated by an impact study 5 years after adoption of the European Professional Card and indicate whether further action seems advisable at a later stage.
Amendment 91 #
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 to provide for a European Professional Card. 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 time required for the verification of an application for a European Professional Card will depend on the profession. Therefore, pilot projects should be undertaken in order to define realistic timeframes for each profession. These timeframes should be made publically available by the Commission, for example on the YourEurope portal and at the assistance centres provided for in Article 57b. The results from these pilot projects may be extrapolated to similar professions. 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 96 #
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3 a) The introduction of a professional card should be voluntary and at the request of the profession concerned. Two thirds of the Member States or the professional bodies of the Member States must be favour for a professional card for it to be introduced.
Amendment 102 #
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 otherrelating to the public interest, a Member State should be able to refuse partial access. Partial access may not be granted to healthcare professionals, a Member State should be able to refuse partial accesss benefitting from automatic recognition as listed in Annex V.
Amendment 111 #
Proposal for a directive
Recital 5
Recital 5
(5) Temporary and occasional provision of services in Member States should be subject to safeguards, notably a requirement of a minimum two years' prior professional experience, in the interest of the protection of local consumers in the host Member State if the profession is not regulated in the home Member State. However, these safeguards are not necessary if the consumers, who have their habitual residence in the Member State of establishment of the professional, have already chosen such a professional and there are no public health or safety implications for third persons in the host Member State. The temporary mobility regime should not be used as a substitute for undergoing the full recognition regime in accordance with Article 7. Therefore, if a professional with temporary access wishes to continue provision of service for a period of more than one continuous year, the professional must make the declaration provided for by Article 7.
Amendment 112 #
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5a) The recognition requirements for temporary mobility should not be a substitute for the recognition requirements for long term mobility. In order to close the loophole whereby professionals gain recognition via the lighter, temporary mobility regime and continue to practice indefinitely, temporary mobility will be restricted to one year of continuous service provision throughout the territory of the European Union. Following this year, the professional must gain full recognition via Article 4b or Title III. An exception is made for service providers who regularly provide services for periods less than one year in another Member State. The Commission is invited to establish a list of such professions via delegated acts in accordance with Article 58.a (new) and publish this list.
Amendment 119 #
Proposal for a directive
Recital 8
Recital 8
(8) In order to apply the mechanism of recognition under the general system, it is necessary to group the various national education and training schemes into different levels. Those levels, which are established only for the purpose of the operation of the general system, should have neither effect upon the national education and training structures nor upon the competence of Member States in this field, including a national policy for implementing the European Qualifications Framework. The Commission should present an evaluation, along with proposals, where appropriate, of the possibility of aligning the levels in this Directive and those of the European Qualifications Framework, within 2 years after the entry into force of this Directive. This evaluation should also include the proposals to give the European Credit Transfer System a legal definition in the Community Aquis. This can be a tool to promote the transparency and comparability of qualifications and can be a useful additional source of information for the competent authorities examining the recognition of qualifications issued in other Member States. The levels established for the operation of the general system should in principle no longer be used as a criterion for excluding Union citizens from the scope of Directive 2005/36/EC when this would be contrary to the principle of life long learning.
Amendment 120 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 a (new)
Article 1 – paragraph 1 – point 11 a (new)
Directive 2005/36/EC
Article 13 a (new)
Article 13 a (new)
(11 a) The following Article 13a is inserted: "Article 13a Where Member States require their own professionals to undertake and demonstrate continuing professional development, these Member States will also have the right of extending this requirement to professionals from other Member States intending to practice within its territory."
Amendment 139 #
Proposal for a directive
Recital 19
Recital 19
(19) Directive 2005/36/EC already provides for clear obligations for professionals to have the necessary language skills. The review of that obligation has shown a need to clarify the role of competent authorities and employers notably in the interest of patients' safety. Language controls should however be reasonable and necessary for the jobs in question and should not constitute grounds for excluding professionals from the labour market in the host Member State and consumer safety. The role of the competent authority is to verify the language skills of professionals for the purpose of exercising their professional activity. Language checks carried out by or under the supervision of the competent authority should not prejudice the subsequent ability of employers to conduct normal recruitment procedures in order to determine the professional's fitness to perform the particular post for which they are applying. Language controls should however be reasonable and necessary for the jobs in question. The definition of reasonable and necessary shall be defined in cooperation between the competent authorities and the national social partners within a given sector. In the case there is no competent authority for a particular profession, Member States should ensure that there is a recognised body that can undertake language testing.
Amendment 141 #
Proposal for a directive
Recital 19 a (new)
Recital 19 a (new)
(19a) Member States may only require professionals from other Member States to demonstrate continuing professional development where the host Member State requires its own nationals to undertake continuing professional development.
Amendment 143 #
Proposal for a directive
Recital 20
Recital 20
(20) Graduates wishing to pursue a remunerated traineeship in another Member State where such traineeship is possible should be covered by Directive 2005/36/EC in order to foster their mobility. It is also necessary to provide for the recognition of their traineeship by the home Member State.
Amendment 145 #
Proposal for a directive
Article 1 – paragraph 1 – point 32
Article 1 – paragraph 1 – point 32
Directive 2005/36/EC
Article 46 – paragraph 1 – point a
Article 46 – paragraph 1 – point a
(a) at least four years of full-time study at a university or comparable teaching institution leading to successful completion of a university-level examination and at least two years of remunerated traineeship;
Amendment 146 #
Proposal for a directive
Article 1 – paragraph 1 – point 32
Article 1 – paragraph 1 – point 32
(b) at least five years of full-time study at a university or comparable teaching institution leading to successful completion of a university-level examination and at least one year of remunerated traineeship.
Amendment 147 #
Proposal for a directive
Article 1 – paragraph 1 – point 32
Article 1 – paragraph 1 – point 32
Directive 2005/36/EC
Article 46 – paragraph 3
Article 46 – paragraph 3
3. The remunerated traineeship must be carried out in a Member State, under the supervision of a person providing adequate guarantees regarding their ability to provide practical training. It must be undertaken after the completion of the study referred to in paragraph 1. The completion of the remunerated traineeship must be attested to in a certificate accompanying the evidence of formal qualifications.
Amendment 151 #
Proposal for a directive
Recital 20 a (new)
Recital 20 a (new)
(20 a) Traineeships are distinct from partial access, therefore Article 4.f shall not apply to traineeships
Amendment 153 #
Proposal for a directive
Recital 22
Recital 22
(22) Whilst the Directive already provides for detailed obligations for Member States to exchange information, such obligations should be reinforced. Member States should not only react to request for information but also alert other Member States in a proactive manner. Such alert system should be similar to that of Directive 2006/123/EC. A specific alert mechanism is however necessary for health professionals benefiting from automatic recognition under Directive 2005/36/EC. This should also apply to veterinary surgeons unless the Member States have already triggered the alert mechanism provided for in Directive 2006/123/EC.This Directive introduces specific alert mechanism All Member States should be alerted if a professional due to a disciplinary action or criminal conviction is no longer entitled to move to another Member Statconsidered fit to practice. This alert should be activated through the IMI regardless of whether the professional has exercised any of the rights under Directive 2005/36/EC or of whether he has applied for recognition of his professional qualifications through the issuance of a European Professional Card or through any other method provided for by that Directive. The alert procedure should comply with Union law on the protection of personal data and other fundamental rights.
Amendment 159 #
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 patienthealth and 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 organisationsemployer. This shall not exclude the right of an employer to test language skills via another method, e.g. role play exercise during the course of an interview. If the professionals has passed a test, he shall not be required to sit the same test twice.
Amendment 162 #
Proposal for a directive
Recital 24
Recital 24
(24) In order to supplement or amend certain non-essential elements of Directive 2005/36/EC, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of updating of Annex I, setting the criteria for the calculation of fees related to the European Professional Card, establishing the details of the documentation necessary for the European Professional Card, specifying the conditions of application of common training frameworks, and specifying the conditions of application of common training tests. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level and of the relevant stakeholder forum or fora as provided for in Article 57.c (new). In particular, the professions should be consulted in accordance with Article 58.a (new) and their proposals integrated into delegated acts concerning the adaptations of the list of activities set out in Annex IV, the adaptations of points 5.1.1 to 5.1.4, 5.2.2, 5.3.2, 5.3.3, 5.4.2, 5.5.2, 5.6.2 and 5.7.1 of Annex V, clarifying the knowledge and skills for medical doctors, nurses responsible for general care, dental practitioners, veterinary surgeons, midwives, pharmacists and architects, adapting the minimum periods of training for specialist medical trainings and specialist dental training, the inclusion in point 5.1.3 of Annex V of new medical specialities, the amendments to the list set out in points 5.2.1, 5.3.1, 5.4.1, 5.5.1 and 5.6.1 of Annex V, and inclusion in point 5.3.3 of Annex V of new dental specialities, specifying the conditions of application of common training frameworks, and specifying the conditions of application of common training tests. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing- up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.
Amendment 166 #
Proposal for a directive
Article 1 – paragraph 1 – point 39
Article 1 – paragraph 1 – point 39
Directive 2005/36/EC
Article 55a – Title
Article 55a – Title
Recognition of remunerated traineeship
Amendment 168 #
Proposal for a directive
Article 1 – paragraph 1 – point 39
Article 1 – paragraph 1 – point 39
Directive 2005/36/EC
Article 55a
Article 55a
With a view to grant access to a regulated profession, the home Member State shall recognise the remunerated traineeship pursued in another Member State and certified by a competent authority of that Member State.
Amendment 169 #
Proposal for a directive
Recital 26
Recital 26
(26) The advisoryexamination 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, 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. Where necessary, the Commission may undertake pilot projects, consultation and taking into account proposals from professional bodies as provided for in Article 58.a (new) stakeholder fora as provided in Article 57.c.(new) in order to evaluate the functioning of the rules and procedures to be incorporated into the Implementing Act (s).
Amendment 173 #
Proposal for a directive
Recital 27
Recital 27
Amendment 179 #
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 State.
Amendment 189 #
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 200 #
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 j
Article 3 – paragraph 1 – point j
(j) “remunerated traineeship”: the pursuit of supervised and remunerated activities, with a view to access to a regulated profession granted on the basis of an examination;
Amendment 213 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a – point ii (new)
Article 1 – paragraph 1 – point 3 – point a – point ii (new)
Directive 2005/36/EC
Article 3 – paragraph 1 – point l (new)
Article 3 – paragraph 1 – point l (new)
(l a) 'Temporary provision of services': the provision of services for a continuous period of less than one year
Amendment 221 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 (new)
Article 1 – paragraph 1 – point 5 (new)
Directive 2005/36/EC
Article 4 – paragraph 1 – subparagraph 2 (new)
Article 4 – paragraph 1 – subparagraph 2 (new)
The introduction of a professional card should be at the request of the profession in question. The minimum threshold should be where two-thirds of Member States or their competent authorities are in favour of the introduction of such a card.
Amendment 222 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 (new)
Article 1 – paragraph 1 – point 5 (new)
Directive 2005/36/EC
Article 4 – paragraph 1 – subparagraph 3 (new)
Article 4 – paragraph 1 – subparagraph 3 (new)
The Commission should be empowered to adopt delegated acts in accordance with Article 58a, following consultation of the relevant stakeholder forum or fora as provided for in Article 57.c and taking into account their proposals, concerning the procedure to be followed when a profession requests the introduction of a professional card.
Amendment 235 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4 a – paragraph 6
Article 4 a – paragraph 6
6. The Commission shall adopt implementing acts, following consultation with professional bodies and stakeholders as provided for by Articles 57.c.(new) and 58.a (new) and taking into account their proposals, specifying European Professional Cards for specific professions, 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 advisoryexamination procedure referred to in Article 58.
Amendment 243 #
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, following consultation with the relevant stakeholder forum or fora in Article 57.c.(new) to adopt delegated acts integrating the proposals of this forum or these fora in accordance with Article 58a concerning the setting of criteria for the calculation and distribution of fees.
Amendment 247 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 (new)
Article 1 – paragraph 1 – point 5 (new)
Directive 2005/36/EC
Article 4 a – paragraph 9 (new)
Article 4 a – paragraph 9 (new)
The Commission should undertake a review, accompanied with amending proposals where appropriate, of the success of the professional card as an instrument for mobility, not later than 3 years after the entry into force of this Directive.
Amendment 252 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4b – paragraph 2
Article 4b – paragraph 2
2. Applications shall be supported by the documentation required by Article 7(2) and Annex VII as appropriate. The Commission shall be empowered, following consultation with professional bodies as provided for in Article 58.a (new) and integrating their proposals, to adopt delegated acts in accordance with Article 58a concerning the establishment of the details of the documentation.
Amendment 256 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 (new)
Article 1 – paragraph 1 – point 5 (new)
Directive 2005/36/EC
Article 4 c – paragraph 4 (new)
Article 4 c – paragraph 4 (new)
Notwithstanding Article 4b and 4c, the European Professional Card shall be valid for as long as its holder maintains the right to practice in the home Member State on the basis of the documents and information contained in the IMI file. The European Professional Card should be renewed regularly or in accordance with the host Member State provisions for that profession
Amendment 258 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4b – paragraph 4
Article 4b – paragraph 4
The Commission may adopt implementing acts, following consultation with professional bodies and stakeholders as provided for by Articles 57.c.(new) and 58.a (new) and taking into account their proposals, specifying the technical specifications, 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 to its holder, including the possibility of downloading it or submitting updates for the file. Those implementing acts shall be adopted in accordance with the advisoryexamination procedure referred to in Article 58.
Amendment 259 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 (new)
Article 1 – paragraph 1 – point 5 (new)
Directive 2005/36/EC
Article 4.b (new)
Article 4.b (new)
Temporary mobility Following consultation of stakeholders as provided for in Article 58.c (new), the Commission shall be empowered to adopt via delegated acts a list of professions which move regularly to other Member States provide services for short periods of time. Professions appearing on this list will be required to renew their professional card annual ad infinitum.
Amendment 266 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
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 weeks from the date it receives a complete applicationhe time limits as defined in Art 4.d.5(new). 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 yearsSuch a professional card should be renewed annually.
Amendment 276 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4 c – paragraph 2
Article 4 c – paragraph 2
2. The decision of the home Member State, or the absence of a decision within the period of two weeks referred todefined in paragraph 15 (new), shall be subject to appeal under national law.
Amendment 277 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4 c – paragraph 3
Article 4 c – paragraph 3
3. If a holder of a European Professional Card wishes to provide services in Member States other than those initially informed pursuant to paragraph 1 or wishes to continue providing services beyond the period of twoone years referred to in paragraph 1, he may continue to use the European Professional Card referred to in paragraph 1. In those cases the holder of the European Professional Card shall make the declaration provided in Article 7.
Amendment 279 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 (new)
Article 1 – paragraph 1 – point 5 (new)
Directive 2005/36/EC
Article 4c – paragaph 5 (new)
Article 4c – paragaph 5 (new)
The Commission shall be empowered, following consultation with professional bodies and stakeholders as provided for by Articles 57.c.(new) and 58.a (new) and taking into account their proposals, and pilot projects where appropriate, to adopt delegated acts integrating the proposals of this forum or these fora and professional bodies, concerning the appropriate length of time required for approval and validation of the professional card for that profession. The Commission shall make publically available these deadlines.
Amendment 284 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
1. Upon receipt of a complete application for a European Professional Card, the competent authority of the home Member State shall, within two weekshe period of time as defined in Article 4.d.5 (new), verify and confirm the authenticity and validity of the submitted supporting documents, create the European Professional Card, transmit it for validation to the competent authority of the host Member State and inform that authority on the corresponding IMI file. The applicant shall be informed by the home Member State of the state of the procedure.
Amendment 288 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
2. In the cases referred to in Article 16, 21 and 49a, a host Member State shall decide on validation of a European Professional Card under paragraph 1 within one month asthe time limits as defined in Article 4.d.5 (new) from the date of receipt of the European Professional Card transmitted by the home Member State. In case of justified doubts, the host Member State may request additional information from the home Member State. That request shall not suspend the period of one monthdefined in Article 4.d.5(new).
Amendment 294 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4 d – paragraph 2
Article 4 d – paragraph 2
3. In the cases referred to in Articles 7(4) and 14, a host Member State shall decide on whether to recognise the holder's qualifications or to subject him to compensation measures within two monthshe time period as defined in Article 4.d.5 (new) from the date of receipt for validation of the European Professional Card transmitted by the home Member State. In case of justified doubts, the host Member State may request additional information from the home Member State. That request shall not suspend the period of two monthsdefined in Article 4.d.5 (new).
Amendment 300 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Amendment 313 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 (new)
Article 1 – paragraph 1 – point 5 (new)
Directive 2005/36/EC
Article 4d.8 (new)
Article 4d.8 (new)
Member States, for reasons of overriding public interest, may apply the provisions of this Article to the temporary provision of services for professions not within the scope of Article 7(4). This measure should be justified, proportionate and non- discriminatory. Member States should notify any decisions to the Commission, who shall make them public.
Amendment 315 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4e – paragraph 1
Article 4e – paragraph 1
1. The competent authorities of the home and the host Member States shall update in a timely manner the corresponding IMI file with information regarding disciplinary action or criminal sanctions taken or any other serious specific circumstances, including decisions taken in accordance with Article 56.a, which are likely to have consequences for the pursuit of activities of the holder of the European Professional Card under this Directive. Such updates include the deletion of information which is no longer required. The holder of the European Professional Card and the competent authorities involved in the corresponding IMI file shall be informed of any updates by the competent authorities concerned.
Amendment 325 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4.e – paragaph 7 – subparagraph 2
Article 4.e – paragaph 7 – subparagraph 2
The Commission shall adopt implementing acts specifying the conditions of access to the IMI file, the technical means and the procedures for the verification referred to in the first subparagraph. Those implementing acts shall be adopted in accordance with the advisoryexamination procedure referred to in Article 58.
Amendment 345 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4f – paragraph 1 – point b)
Article 4f – paragraph 1 – point b)
Amendment 359 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4f – paragraph 2
Article 4f – paragraph 2
2. Partial access may not be granted to healthcare professions benefitting from automatic recognition as listed in Annex V. In addition, partial access may be rejected if such rejection is justified by an overriding reason of generalrelating to the public interest, s. Such as public health, it would secure the attainment of the objective pursued and it would not go beyond what is strictly necessarymeasures should be justified and proportionate.
Amendment 367 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4f – paragraph 4
Article 4f – paragraph 4
Amendment 372 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 (new)
Article 1 – paragraph 1 – point 5 (new)
Directive 2005/36/EC
Article 4.f – paragraph 5 a (new)
Article 4.f – paragraph 5 a (new)
5 a. Traineeships are distinct from partial access and therefore the provisions of this Article do not apply to traineeships.
Amendment 388 #
Proposal for a directive
Article 1 – paragraph 1 – point 7 a (new)
Article 1 – paragraph 1 – point 7 a (new)
(7 a) For the first provision of services, in the case of regulated professions having overriding reasons relating to the public interest, which do not benefit from automatic recognition under Chapter III of Title III , the competent authority of the host Member State may check the professional qualifications of the service provider prior to the first provision of services. Such a prior check shall be possible only where the purpose of the check is to avoid serious damage to the health or safety of the service recipient, the service provider or the public in general due to a lack of professional qualification of the service provider and where this does not go beyond what is necessary for that purpose.
Amendment 391 #
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point a – point ii
Article 1 – paragraph 1 – point 7 – point a – point ii
Directive 2005/36/EC
Article 7 – paragraph 2 – point f
Article 7 – paragraph 2 – point f
(f) in the case of evidence of formal qualifications referred to in Article 21 (1) and in the case of certificates of acquired rights referred to in Articles 23, 26, 27, 30, 33, 33a, 37, 39, and 43, evidence attesting knowledge of the language in which the professional will exercise his profession which should be one of the official languages of the host Member State
Amendment 394 #
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point c
Article 1 – paragraph 1 – point 7 – point c
Directive 2005/36/EC
Article 7 – paragraph 4
Article 7 – paragraph 4
For the first provision of services, in the case of regulated professions having public health or safety implicationsoverriding reasons relating to the public interest, which do not benefit from automatic recognition under Chapter II or III of Title III , the competent authority of the host Member State may check the professional qualifications of the service provider prior to the first provision of services. Such a prior check shall be possible only where the purpose of the check is to avoid serious damage to the health or safety of the service recipient, the service provider or the public in general due to a lack of professional qualification of the service provider and where this does not go beyond what is necessary for that purpose.
Amendment 398 #
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point c
Article 1 – paragraph 1 – point 7 – point c
Directive 2005/36/EC
Article 7 – paragraph 4 – paragraph 2
Article 7 – paragraph 4 – paragraph 2
Member States shall notify to the Commission the list of professions for which a prior check of qualifications is necessary in order to avoid serious damage to the health or safety of the service recipient, the service provider or the public in general under its national laws and regulations. Member States shall provide the Commission with a specific justification for the inclusion of each of those professions in the list.
Amendment 406 #
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point c
Article 1 – paragraph 1 – point 7 – point c
Directive 2005/36/EC
Article 7– paragraph 4– subparagraph 5
Article 7– paragraph 4– subparagraph 5
Amendment 408 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 a (new)
Article 1 – paragraph 1 – point 9 a (new)
Directive 2005/36/EC
Article 11.a (new)
Article 11.a (new)
(9a) Two years after the entry into force of this Directive, the Commission should propose legislation providing for an alignment with the five levels provided for in Article 11 with the eight levels of the European Qualifications Framework as well as incorporation of the European Credit Transfer System into the Community Aquis
Amendment 440 #
Proposal for a directive
Article 1 – paragraph 1 – point 13 a (new)
Article 1 – paragraph 1 – point 13 a (new)
Directive 2005/36/EC
Article 17 new
Article 17 new
Article 17 new (13a) Member States may only require professionals from other Member States to demonstrate that they have undertaken Continuous Professional Development if the host Member State requires their own nationals to undertake these measures.
Amendment 461 #
Proposal for a directive
Article 1 – paragraph 1 – point 18 – point b
Article 1 – paragraph 1 – point 18 – point b
Directive 2005/36/EC
Article 24 – paragraph 4
Article 24 – paragraph 4
The Commission shall be empowered, following consultation with professional bodies as provided for in Article 58.a (new) and integrating their proposals to adopt delegated acts in accordance with Article 58a to specify:
Amendment 466 #
Proposal for a directive
Article 1 – paragraph 1 – point 19 – point c
Article 1 – paragraph 1 – point 19 – point c
Directive 2005/36/EC
Article 25 – paragraph 5
Article 25 – paragraph 5
5. The Commission shall be empowered, following consultation with professional bodies as provided for in Article 58.a (new) and integrating their proposals, to adopt delegated acts in accordance with Article 58a concerning the adaptations of the minimum periods of training referred to in point 5.1.3 of Annex V to scientific and technical progress.
Amendment 467 #
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive 2005/36/EC
Article 26 – paragraph 2
Article 26 – paragraph 2
The Commission shall be empowered, following consultation with professional bodies as provided for in Article 58.a (new) and integrating their proposals, to adopt delegated acts in accordance with Article 58a concerning the inclusion in point 5.1.3 of Annex V of new medical specialties common to at least one third of the Member States with a view to updating this Directive in the light of changes in national legislation.
Amendment 480 #
Proposal for a directive
Article 1 – paragraph 1 – point 22 – point b
Article 1 – paragraph 1 – point 22 – point b
Directive 2005/36/EC
Article 31– paragraph 2
Article 31– paragraph 2
The Commission shall be empowered, following consultation with professional bodies as provided for in Article 58.a (new) and integrating their proposals, to adopt delegated acts in accordance with Article 58a concerning amendments to the list set out in point 5.2.1 of Annex V with a view to adapting it to the educational, scientific and technical progress.
Amendment 489 #
Proposal for a directive
Article 1 – paragraph 1 – point 22 – point d
Article 1 – paragraph 1 – point 22 – point d
Directive 2005/36/EC
Article 31 –paragraph 7
Article 31 –paragraph 7
The Commission shall be empowered, following consultation with professional bodies as provided for in Article 58.a (new) and integrating their proposals, to adopt delegated acts in accordance with Article 58a to specify:
Amendment 503 #
Proposal for a directive
Article 1 – paragraph 1 – point 24 – point a
Article 1 – paragraph 1 – point 24 – point a
Directive 2005/36/EC
Article 34 –paragraph 2 –– subparagraph 2
Article 34 –paragraph 2 –– subparagraph 2
The Commission shall be empowered, following consultation with professional bodies as provided for in Article 58.a (new) and integrating their proposals, to adopt delegated acts in accordance with Article 58a concerning the adaptations of the list set out in point 5.3.1. of Annex V with a view to adapting it to scientific and technical progress.
Amendment 506 #
Proposal for a directive
Article 1 – paragraph 1 – point 24 – point b
Article 1 – paragraph 1 – point 24 – point b
Directive 2005/36/EC
Article 34 – paragraph 4
Article 34 – paragraph 4
The Commission shall be empowered, following consultation with professional bodies as provided for in Article 58.a (new) and integrating their proposals, to adopt delegated acts in accordance with Article 58a to specify:
Amendment 508 #
Proposal for a directive
Article 1 – paragraph 1 – point 25 – point c
Article 1 – paragraph 1 – point 25 – point c
Directive 2005/36/EC
Article 35 – paragraph 4 – subparagraph 4
Article 35 – paragraph 4 – subparagraph 4
4. The Commission shall be empowered, following consultation with professional bodies as provided for in Article 58.a (new) and integrating their proposals, to adopt delegated acts in accordance with Article 58a concerning the adaptations of the minimum period of training referred to in paragraph 2 with a view to adapting it to scientific and technical progress.
Amendment 509 #
Proposal for a directive
Article 1 – paragraph 1 – point 25 – point c
Article 1 – paragraph 1 – point 25 – point c
Directive 2005/36/EC
Article 35 – paragraph 4 –subparagraph 4
Article 35 – paragraph 4 –subparagraph 4
The Commission shall be empowered, following consultation with professional bodies as provided for in Article 58.a (new) and integrating their proposals, to adopt delegated acts in accordance with Article 58a concerning the inclusion in point 5.3.3. of Annex V of new dental specialties common to at least one third of the Member States, with a view to updating this Directive in the light of changes in national legislation.
Amendment 512 #
Proposal for a directive
Article 1 – paragraph 1 – point 26 – point a
Article 1 – paragraph 1 – point 26 – point a
Directive 2005/36/EC
Article 38 – paragraph 1 – subparagraph 2
Article 38 – paragraph 1 – subparagraph 2
The Commission shall be empowered, following consultation with professional bodies as provided for in Article 58.a (new) and integrating their proposals, to adopt delegated acts in accordance with Article 58a concerning the adaptations of the list in point 5.4.1. of Annex V with a view to adapting it to scientific and technical progress.
Amendment 515 #
Proposal for a directive
Article 1 – paragraph 1 – point 26 – point b
Article 1 – paragraph 1 – point 26 – point b
Directive 2005/36/EC
Article 38 – paragraph 4
Article 38 – paragraph 4
The Commission shall be empowered, following consultation with professional bodies as provided for in Article 58.a (new) and integrating their proposals, to adopt delegated acts in accordance with Article 58a to specify:
Amendment 516 #
Proposal for a directive
Article 1 – paragraph 1 – point 27 – point a
Article 1 – paragraph 1 – point 27 – point a
Directive 2005/36/EC
Article 40 – paragraph 1 – sub paragraph 2
Article 40 – paragraph 1 – sub paragraph 2
The Commission shall be empowered, following consultation with professional bodies as provided for in Article 58.a (new) and integrating their proposals, to adopt delegated acts in accordance with Article 58a concerning the amendment of the list in point 5.5.1. of Annex V with a view to adapting it to the educational, scientific and technical progress.
Amendment 521 #
Proposal for a directive
Article 1 – paragraph 1 – point 27 – point c
Article 1 – paragraph 1 – point 27 – point c
Directive 2005/36/EC
Article 40 – paragraph 4
Article 40 – paragraph 4
The Commission shall be empowered, following consultation with professional bodies as provided for in Article 58.a (new) and integrating their proposals, to adopt delegated acts in accordance with Article 58a to specify:
Amendment 535 #
Proposal for a directive
Article 1 – paragraph 1 – point 30 – point b
Article 1 – paragraph 1 – point 30 – point b
Directive 2005/36/EC
Article 44 – paragraph 4
Article 44 – paragraph 4
The Commission shall be empowered, following consultation with professional bodies as provided for in Article 58.a (new) and integrating their proposals, to adopt delegated acts in accordance with Article 58a to specify:
Amendment 538 #
Proposal for a directive
Article 1 – paragraph 1 – point 32
Article 1 – paragraph 1 – point 32
Directive 2005/36/EC
Article 46 - paragraph 1
Article 46 - paragraph 1
1. The duration of the training as an architect must be at least six years which may also be expressed with the equivalent ECTS credits. The training in a Member State shall comprise any or both of the following:
Amendment 540 #
Proposal for a directive
Article 1 – paragraph 1 – point 32
Article 1 – paragraph 1 – point 32
Directive 2005/36/EC
Article 46 – paragraph 1 – point a
Article 46 – paragraph 1 – point a
(a) at least four years of full-time study at a university or comparable teaching institution leading to successful completion of a university-level examination and at least two years of remunerated traineeship;
Amendment 546 #
Proposal for a directive
Article 1 – paragraph 1 – point 32
Article 1 – paragraph 1 – point 32
Directive 2005/36/EC
Article 46 – paragraph 1 – point b
Article 46 – paragraph 1 – point b
(b) at least five years of full-time study at a university or comparable teaching institution leading to successful completion of a university-level examination and at least one year of remunerated traineeship.
Amendment 557 #
Proposal for a directive
Article 1 – paragraph 1 – point 32
Article 1 – paragraph 1 – point 32
Directive 2005/36/EC
Article 46 – paragraph 3
Article 46 – paragraph 3
3. The remunerated traineeship must be carried out in a Member State, under the supervision of a person providing adequate guarantees regarding their ability to provide practical training. It must be undertaken after the completion of the study referred to in paragraph 1. The completion of the remunerated traineeship must be attested to in a certificate accompanying the evidence of formal qualifications.
Amendment 559 #
Proposal for a directive
Article 1 – paragraph 1 – point 32
Article 1 – paragraph 1 – point 32
Directive 2005/36/EC
Article 46 – paragraph 4
Article 46 – paragraph 4
4. The Commission shall be empowered, following consultation with professional bodies as provided for in Article 58.a (new) and integrating their proposals, to adopt delegated acts in accordance with Article 58a to specify:
Amendment 561 #
Proposal for a directive
Article 1 – paragraph 1 – point 35
Article 1 – paragraph 1 – point 35
Directive 2005/36/EC
Article 49 a – paragraph 1
Article 49 a – paragraph 1
1. For the purpose of this Article, “common training framework” shall mean a common set of knowledge, skills and competences necessary for the pursuit of a specific profession. Requirements may include the number of ECTS credits, but ECTS credits alone may not form the criteria. For the purpose of access to and pursuit of such profession, a Member State shall give evidence of qualifications acquired on the basis of such framework the same effect in its territory as the evidence of formal qualifications which it itself issues, on condition that such framework fulfils the criteria set under paragraph 2. Such criteria shall respect the specifications referred to in paragraph 3.
Amendment 567 #
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 – point b
Article 49 a – paragraph 2 – point b
(b) the profession concerned is already regulated in at least one third of all Member States; or two thirds of Member States agree to the provisions of Article 49.a.2.
Amendment 583 #
Proposal for a directive
Article 1 – paragraph 1 – point 35
Article 1 – paragraph 1 – point 35
Directive 2005/36/EC
Article 49 a. – paragraph 3
Article 49 a. – paragraph 3
3. The Commission shall be empowered to adopt delegated acts, following consultation with the relevant stakeholder forum or fora in Article 57.c (new) to adopt delegated acts integrating the proposals of this forum or these fora in accordance with Article 58a specifying the common set of knowledge, skills and competences as well as the qualifications on the common training framework.
Amendment 590 #
Proposal for a directive
Article 1 – paragraph 1 – point 35
Article 1 – paragraph 1 – point 35
Directive 2005/36/EC
Article 49 b – paragraph 2 – point b
Article 49 b – paragraph 2 – point b
(b) the profession concerned is regulated in at least one third of all Member States; or two thirds of Member States agree to the provisions of Article 49.b.2.
Amendment 593 #
Proposal for a directive
Article 1 – paragraph 1 – point 35
Article 1 – paragraph 1 – point 35
Directive 2005/36/EC
Article 49 b.3
Article 49 b.3
3. The Commission shall be empowered to adopt delegated acts, following consultation with the relevant stakeholder forum or fora in Article 57.c (new) to adopt delegated acts integrating the proposals of this forum or these fora in accordance with Article 58a concerning the conditions and criteria tested for such the common training test.
Amendment 599 #
Proposal for a directive
Article 1 – paragraph 1 – point 38
Article 1 – paragraph 1 – point 38
Directive 2005/36/EC
Article 53 –paragaph 2
Article 53 –paragaph 2
A Member State shall ensure that any controlhecks 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 but before accessing the profession 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. If there is no competent authority for a particular profession, Member States should ensure that there is a recognised body that can undertake language testing.
Amendment 607 #
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 and patient safety implications or for reasons of overriding public interest, 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 sysverify, either directly or under their supervision, the language skills of all professionals concerned. Verification of language skills shall seek to determine how well professionals can communicatem, or in caboth orally and in writing, for the purposes of self-employed professionals not affiliated to the nationals health care system, by representative national patient organisationsexercising their professional activity, particularly with regard to patient safety and safeguarding public health or the reasons of overriding public interest.
Amendment 615 #
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 controlheck shall be limited to the knowledge of one of the official languages of the Member State according to the choice of the language the individual intends use when person concernedracticing his profession, it 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 628 #
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
Recognition of remunerated traineeship
Amendment 637 #
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
With a view to grant access to a regulated profession, the home Member State shall recognise the remunerated traineeship pursued in another Member State and certified by a competent authority of that Member State.
Amendment 643 #
Proposal for a directive
Article 1 – paragraph 1 – point 40 a (new)
Article 1 – paragraph 1 – point 40 a (new)
Directive 2005/36/EC
Article 55 b (new) Title
Article 55 b (new) Title
(40 a) Checks following lengthy periods of professional inactivity In cases where professionals have been recognised via Chapter III but have not practiced their profession for a period defined in accordance with Article 57.c. (new) and 58a preceding the request for establishment or renewal of the declaration, the host Member State may allow to competent authority to check the professional's fitness to practice. These checks should be proportionate, non- discriminatory and free of charge for the professional. Member States may also extend the provisions of this article to other professions in cases of overriding public interest. Member States should notify any decisions to the Commission, who shall make them public.
Amendment 650 #
Proposal for a directive
Article 1 – paragraph 1 – point 42
Article 1 – paragraph 1 – point 42
Directive 2005/36/EC
Article 56 a – paragraph 1
Article 56 a – paragraph 1
The competent authorities of a Member State shall inform the competent authorities of all other Member States and the Commission about the identity of a professional who has been prohibited, following a legally binding decision, by national authorities or courts from pursuing, even temporarily, on the territory of that Member State the following professional activities:
Amendment 660 #
Proposal for a directive
Article 1 – paragraph 1 – point 42
Article 1 – paragraph 1 – point 42
Directive 2005/36/EC
Article 56 a – paragraph 1 – subparagraph 2
Article 56 a – paragraph 1 – subparagraph 2
The information referred to in the first subparagraph shall be sent at the latest within three day24 hours from the date of adoption of the decision prohibiting the professional concerned from exercising a professional activity.
Amendment 661 #
Proposal for a directive
Article 1 – paragraph 1 – point 42
Article 1 – paragraph 1 – point 42
Directive 2005/36/EC
Article 56 a – paragraph 2
Article 56 a – paragraph 2
2. In the cases not covered by Directive 2006/123/EC, where a professional established in a Member State carries out a professional activity under a professional title other than those referred to in paragraph 1 and within the framework of this Directive, a Member State shall inform without delay other Member States concerned and the Commission upon gaining actual knowledge of any conduct, specific acts or circumstances which is related to such activity and which could cause serious damage to the health or safety of persons or to the environment in another Member State or would indicate that the individual was not fit to practice his profession. That information shall not go beyond what is strictly necessary to identify the professional concerned and shall include the reference to the decision of a competent authority prohibiting him or her from pursuing the professional activities. Other Member State may request further information under the conditions set out in Articles 8 and 56.
Amendment 663 #
Proposal for a directive
Article 1 – paragraph 1 – point 42 (new)
Article 1 – paragraph 1 – point 42 (new)
Directive 2005/36/EC
Article 55 a.– paragraph 2 a (new)
Article 55 a.– paragraph 2 a (new)
2 a. Member States, in accordance with national legislation, may inform other Member States when a professional has received a warning from a competent authority or professional body regarding their fitness to practice.
Amendment 664 #
Proposal for a directive
Article 1 – paragraph 1 – point 42
Article 1 – paragraph 1 – point 42
Directive 2005/36/EC
Article 56 a.– paragraph 3
Article 56 a.– paragraph 3
3. The processing of personal data of the purpose of the exchange of information according to paragraphs 1 and 2 shall be carried out in accordance with Directives 95/46/EC and 2002/58/EC. The processing of personal data by the Commission shall be carried out in accordance with Regulation (EC) No 45/2001. In any case, the details contained in the alert are restricted to the identity of the professional, the date the alert was issued and if applicable, length of suspension.
Amendment 665 #
Proposal for a directive
Article 1 – paragraph 1 – point 42 (new)
Article 1 – paragraph 1 – point 42 (new)
Directive 2005/36/EC
Article 56 a – paragraph 3 a (new)
Article 56 a – paragraph 3 a (new)
3a. Alerts and their content received from other Member States, competent authorities and professional bodies must remain confidential unless data is made public in accordance with the national law of the Member State issuing the alert.
Amendment 666 #
Proposal for a directive
Article 1 – paragraph 1 – point 42 (new)
Article 1 – paragraph 1 – point 42 (new)
Directive 2005/36/EC
Article 56 a.– paragraph 4 a (new)
Article 56 a.– paragraph 4 a (new)
4a. Data regarding alerts may only remain in the IMI system for as long as they are valid.
Amendment 667 #
Proposal for a directive
Article 1 – paragraph 1 – point 42 (new)
Article 1 – paragraph 1 – point 42 (new)
4b. Alerts must be deleted within 24 hours from the date of adoption of the revoking decision
Amendment 669 #
Proposal for a directive
Article 1 – paragraph 1 – point 42
Article 1 – paragraph 1 – point 42
5. The Commission shall adopt implementing acts, following consultation with professional bodies and stakeholders as provided for by Articles 57.c.(new) and 58.a (new) and taking into account their proposals, for the application of the alert mechanism. The implementing act shall include provisions on the competent authorities entitled to sending and/or receiving alerts, on complementing the alerts with additional information, on the withdrawal and closure of alerts, on rights of access to data, ways of correcting the information contained in the alerts, and measures to ensure the security of processing and retention periods. Those implementing acts shall be adopted in accordance with the advisoryexamination procedure referred to in Article 58.
Amendment 675 #
Proposal for a directive
Article 1 – paragraph 1 – point 43 (new)
Article 1 – paragraph 1 – point 43 (new)
Directive 2005/36/EC
Article 57 –paragraph 1 point c a (new)
Article 57 –paragraph 1 point c a (new)
(ca) Member State decisions taken regarding Articles 4.d.8 (new), 4.f.2 and 7.4.5
Amendment 676 #
Proposal for a directive
Article 1 – paragraph 1 – point 43 (new)
Article 1 – paragraph 1 – point 43 (new)
Directive 2005/36/EC
Article 57 – paragraph 1 – point d a (new)
Article 57 – paragraph 1 – point d a (new)
(da) Time limits for professional inactivity after which a professional may be required to demonstrate fitness to practice as provided by Article 55.b(new)
Amendment 697 #
Proposal for a directive
Article 1 – paragraph 1 – point 45 (new)
Article 1 – paragraph 1 – point 45 (new)
Directive 2005/36/EC
Article 57 c (new)
Article 57 c (new)
The Commission shall be responsible for forming a stakeholders forum including, inter alia, professional bodies, trades unions, competent authorities and consumer/patient associations. The membership of this stakeholders forum should reflect the composition of stakeholder interests for a particular profession. In particular, these stakeholder fora should be consulted by the Commission and present proposals concerning Articles 4.a.7 and 4.b.2. In addition, the Commission may consult these fora when establishing the parameters of pilot projects conducted in relation to this Directive. The Commission may also consult these fora and take their recommendations into account when the professional bodies groups provided for in Article 58.a (new) are consulted.
Amendment 698 #
Proposal for a directive
Article 1 – paragraph 1 – point 45 (new)
Article 1 – paragraph 1 – point 45 (new)
Directive 2005/36/EC
Article 57 d (new)
Article 57 d (new)
4 a. The Commission shall be responsible for the organisation and administration of the stakeholder fora as provided for in Article 57.c (new) and professional bodies consultation as provided for in Article 58.a (new).
Amendment 699 #
Proposal for a directive
Article 1 – paragraph 1 – point 45 (new)
Article 1 – paragraph 1 – point 45 (new)
Directive 2005/36/EC
Article 58 a (new)
Article 58 a (new)
4 b. Consultation The Commission shall ensure the consultation of experts from the professional groups, inter alia professional bodies, and ensure integration of their recommendations via delegated acts regarding the provisions set out in Articles 25(5), 35(4) first subparagraph, 31(2), 34(2), 38(1), 40(1), 44(2), 49a(3),49b(3), 24(4), 31(7), 34(4), 38(4), 40(4), 44(4), 26(2), 46(4), 25(5), 35(4), 31(2), 34(2), 38(1), 40(1), 44(2), point 5.3.3 of Annex V , 24(4), 31(7), 34(4), 38(4), 40(4), 44(4), 26(2), 46(4).
Amendment 702 #
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. That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011. The Commission should also consult the stakeholders as provided for in Article 57.c´(new) and professional bodies as provided for in Article 58.a (new), where appropriate.
Amendment 708 #
Proposal for a directive
Article 1 – paragraph 1 – point 47 (new)
Article 1 – paragraph 1 – point 47 (new)
Directive 2005/36/EC
Article 58 – paragraph 2 – point 1a (new)
Article 58 – paragraph 2 – point 1a (new)
1a. Prior to the adoption of the delegated act, the Commission, where provided for in this Directive, should consult the respective stakeholder forum or fora provided for in Article 57c new and professional bodies as provided for in Article 58.a (new), integrating their proposals and take into due consideration the outcome of any pilot project.