16 Amendments of Dennis de JONG related to 2016/0398(COD)
Amendment 30 #
Proposal for a directive
Recital 4
Recital 4
(4) The Commission has received an increasing number of notifications from Member States regarding newly introduced requirements under Directive 2006/123/EC. However, not all of those national requirements arseem to be non- discriminatory with regard to nationality or residence, justified and proportionate, thus resulting in a significant number of structural dialogues launched by the Commission vis-à-vis Member States. This shows that the existing notification procedure ismay not be sufficient to avoid discrimination on the grounds of nationality or residence, unjustified or disproportionate requirements. This is to the detriment of citizens and businesses in the internal market for services. Moreover, it appears that some new or modified requirements related to services falling within the scope of Directive 2006/123/EC have not been notified at all.
Amendment 41 #
Proposal for a directive
Recital 7
Recital 7
(7) The notification obligation established by this Directive should apply to regulatory measures of Member States, such as laws, regulations, administrative provisions of general nature or any other binding rule of general nature, including rules adopted by professional organisations to regulate in a collective and legally binding manner access to service activities or the exercise thereof. The notification obligation should on the other hand not apply to individual decisions issued by national authorities.
Amendment 42 #
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7 a) Amendments or modifications to draft measures introduced by legislative assemblies or local, regional or national parliaments during the parliamentary procedure should not be covered by the notification obligation laid down by this Directive. For the purposes of this Directive, the notification obligation should be considered to have been fulfilled when the draft measure is implemented and finally adopted at the end of the parliamentary procedure.
Amendment 53 #
Proposal for a directive
Recital 7 b (new)
Recital 7 b (new)
(7b) The notification obligation should not apply to rules laid down in collective agreements negotiated by social partners which shall not be considered as requirements within the meaning of this Directive. This Directive applies only to requirements which affect the access to, or the exercise of, a service activity. Therefore, it does not apply to requirements, such as road traffic rules, rules concerning the development or use of land, town and country planning, building standards as well as administrative penalties imposed for non- compliance with such rules which do not specifically regulate or specifically affect the service activity but have to be respected by providers in the course of carrying out their economic activity in the same way as by individuals acting in their private capacity.
Amendment 70 #
Proposal for a directive
Recital 10
Recital 10
(10) The information to be submitted by the notifying Member State should be sufficient to assess compliance with Directive 2006/123/EC and, in particular, the proportionality of a notified authorisation scheme or requirement. Therefore, in accordance with the case-law of the Court of Justice of the European Union (CJEU), such information should clarify the public interest objective pursued, set out how the notified authorisation scheme or requirement is necessary and justified to meet this objective and explain how it is proportionate in doing so; thus, it should include explanations on why it is suitable, why it does not go beyond what is necessary and why no alternative and less restrictive means would be available. The reasons which may be invoked by the Member State concerned by way of justification should be accompanied by appropriate evidence and by an analysis of the proportionality of the notified measure.
Amendment 85 #
Proposal for a directive
Recital 14
Recital 14
(14) Where follow, during the consultation period, the Commission still hahas expressed its concerns about the compliance with Directive 2006/123/EC of the notified draft measure, it may alert, before the closure of that period issue a notice to the notifying Member State, giving it the opportunity to provide further explanations or to bring its draft measure into conformity with EU law. That alertnotice should include an explanation of the legal concerns identified by the Commission. Reception of such an alert entails that the notifyingSuch notice should not prevent Member State shall nots from adopting the notified measure for three months.
Amendment 93 #
Proposal for a directive
Recital 15
Recital 15
Amendment 131 #
Proposal for a directive
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
Amendment 147 #
Proposal for a directive
Article 3 – paragraph 4
Article 3 – paragraph 4
Amendment 165 #
Proposal for a directive
Article 3 – paragraph 5 – subparagraph 3
Article 3 – paragraph 5 – subparagraph 3
Amendment 177 #
Proposal for a directive
Article 4 – paragraph 1 – point d
Article 4 – paragraph 1 – point d
Amendment 194 #
Proposal for a directive
Article 5 – paragraph 5
Article 5 – paragraph 5
5. Where neither the Commission nor other Member States have submitted comments to a notified draft measure within the two months referred to in paragraph 3, the consultation period shall end immediately. The notifying Member State may then proceed to adopt the draft measure without this constituting a breach of Article 3(3).
Amendment 197 #
Proposal for a directive
Article 6 – title
Article 6 – title
Amendment 198 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Before the closure of the consultation period referred to in Article 5(2), the Commission may alert the notifying Member State ofissue a notice to the Member State explaining in detail its concerns about the compatibility with Directive 2006/123/EC of the draft measure notified and of its intention to adopt a Decision referred to in Article 7.
Amendment 206 #
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. UponWithin one month from receipt of such an alert notice, the notifying Member State shall not adopt the draft measure for a period of three months after the closure of the consultation periodsubmit to the Commission an explanation of why it considers the draft measure to be in conformity with Directive 2006/123/EC or shall amend or withdraw the draft measure so as to ensure compliance with that Directive.
Amendment 222 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
Where the Commission has issued an alert notice in accordance with Article 6(1), it may, within a period of three months after the date of the closure of the consultation period referred to in Article 5(2), adopt a DRecision finding the draft measure to be incompatible with Directive 2006/123/EC andommendation requiresting the Member State concerned to refrain from adopting the draft measure or, if such measure has been adopted in breach of Article 3(3) or Article 6(2), to repeal it.