34 Amendments of Jutta STEINRUCK related to 2016/0404(COD)
Amendment 8 #
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4 a) The proportionality test should not apply to rules laid down in collective agreements negotiated by social partners, which should not be considered as legislative, regulatory or administrative provisions within the meaning of this Directive.
Amendment 16 #
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7 a) It is important to ensure full respect for the responsibilities of the Member States as defined in Article 168 of the Treaty on the Functioning of the European Union with regard to the definition of their health policy and the organisation of their health care systems, including the provision of health and medical services by the regulated professions designated for this purpose.To this end, the health and social care professions should be excluded from the scope of this Directive.
Amendment 20 #
Proposal for a directive
Recital 7 b (new)
Recital 7 b (new)
(7 b) In order to protect public interest the Member States can exclude further professions from the scope of the directive in agreement with the social partners.
Amendment 24 #
Proposal for a directive
Recital 8 b (new)
Recital 8 b (new)
(8 b) It is for the Members States to determine the level of protection which they wish to afford to the public interest objectives and the proportionate way in which that level is to be achieved.The fact that one Member State imposes less strict rules than another Member State does not mean that the latter Member State's rules are disproportionate and therefore incompatible with the EU law.
Amendment 36 #
Proposal for a directive
Recital 11
Recital 11
(11) Member States should carry out proportionality assessments in an objective and independent manner, including where a profession is regulated indirectly, by giving a particular professional body the power to do so. In particular, while the assessment of the local authorities, regulatory bodies or professional organisations, whose greater proximity to local conditions and specialised knowledge could in certain cases make them better placed to identify the best way of meeting the public interest objectives, there is particular reason for concern in cases where the policy choice made by those authorities or bodies provides benefits to established operators at the expense of new market entrants.
Amendment 42 #
Proposal for a directive
Recital 12
Recital 12
(12) Where the taking-up and pursuit of certain employed or self-employed activities are conditional on complying with certain provisions relating to specific professional qualifications, laid down directly or indirectly by the Member States, it is necessary to ensure that such provisions are justified by public interest objectives, such as those within the meaning of the Treaty, namely public policy, public security and public health or by overriding reasons of general interest, recognised as such in the case-law of the Court of Justice. It is important to ensure that public interest objectives are adequately identified in order to determine the intensity of the regulation. For example, in order to ensure a high level of protection of public health, Member States shouldall enjoy a margin of discretion to decide on the degree of protection which they wish to afford to public health and on the way in which that protection is to be achieved. It is also necessary to clarify that among the overriding reasons of general interest, recognised by the Court of Justice, are preserving the financial equilibrium of the social security system; the high protection of consumers, recipients of services and workers; the protection of the workers’ rights, the workers participation and the systems of self government, the safeguarding of the proper administration of justice, the protection of vocational training, the safeguarding of the proper administration of justice; fairness of trade transactions; combating fraud and prevention of tax evasion and avoidance; road safety; the protection of the environment and the urban environment; the health of animals; intellectual property; the safeguarding and conservation of the national historic and artistic heritage, social policy objectives and cultural policy objectives. According to settled case-law, purely economic reasons, having essentially protectionist aims, as well as purely administrative reasons, such as carrying out controls or gathering statistics cannot constitute an overriding reason of general interest.
Amendment 82 #
Proposal for a directive
Recital 21
Recital 21
(21) It is essential for the proper functioning of the internal market to ensure that Member States provide information to citizens, representative associations or, social partners and other relevant stakeholders before introducing new measures restricting access to or pursuit of regulated professions and give them the opportunity to make known their views.
Amendment 92 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
This Directive lays down rules on a common framework for conducting proportionality assessments before introducing new legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, or amending existing ones, with a view to ensuring the proper functioning of the internal market. It does not affect the Member States' prerogative and margin of discretion to decide whether and how to regulate a profession within the limits of the principles of non-discrimination and proportionality.
Amendment 95 #
Proposal for a directive
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
It is for the Member States to determine the level of protection which they wish to afford to the public interest objectives and the proportionate way in which that level is to be achieved.The fact that one Member State imposes less strict rules than another Member States does not mean that the latter Member State's rules are disproportionate and therefore incompatible with EU Law.
Amendment 107 #
Proposal for a directive
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
2 a. This Directive establishes rules which should be applied before introducing new, or amending existing, legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions.Provisions which would not restrict access to or pursuit of regulated professions, for instance editorial amendments, or technical adaptations to content of training courses or modernisation of training regulations, shall not fall within the scope of this Directive.
Amendment 110 #
Proposal for a directive
Article 2 – paragraph 2 b (new)
Article 2 – paragraph 2 b (new)
2 b. Without prejudice to the application of Directive 2005/36/EC, this Directive shall not apply to professions providing health care and social services, whether or not those services are provided within the framework of healthcare or social service establishments and regardless of the way in which they are organised and financed at national, regional and local level and independently from a provision by the public or the private (not-for-profit or commercial) sector.
Amendment 112 #
Proposal for a directive
Article 2 – paragraph 2 c (new)
Article 2 – paragraph 2 c (new)
2 c. In order to protect public interest the Member States can exclude further professions from the scope of the directive in agreement with the social partners.
Amendment 124 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shallmight ensure that before introducing new legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, or amending existing ones, the relevant competent authorities undertake an assessment of their proportionality in accordance with the rules laid down in this Directive.
Amendment 128 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Any provision referred to in paragraph 1 shallmight be accompanied by a detailed statementn explanation making it possible to appraise compliance with the principle of proportionality.
Amendment 135 #
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The reasons for considering that a provision is justified, necessary and proportionate shallmight be substantiated by qualitative and, wherever possible, quantitative evidence.
Amendment 141 #
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Member States shallmight monitor the proportionality of legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions on a regular basis and with a frequency appropriate to the regulation concerned, having due regard to any developments that have occurred since the measure concerned was adopted.
Amendment 150 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The relevant competent authorities shall consider in particular whether those provisions are objectively justified on the basis of public policy, public security or public health, or by overriding reasons in the public interest, such as preserving the financial equilibrium of the social security system, the high protection of consumers, recipients of services and workers, the protection of the workers’ rights, the workers participation and the systems of self government, the safeguarding of the proper administration of justice, the protection of vocational training, fairness of trade transactions, combating fraud and prevention of tax evasion and avoidance, road transport safety, the protection of the environment and the urban environment, the health of animals, intellectual property, the safeguarding and conservation of the national historic and artistic heritage, social policy objectives and cultural policy objectives. This list is not exhaustive.
Amendment 162 #
Proposal for a directive
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3 a. Referring to public interests Member States may take protective measures if there is uncertainty about the extent or existence of risks without those risks becoming fully apparent.
Amendment 167 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Before introducing new legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, or amending existing ones, Member States shallmight assess whether those provisions are necessary and suitable for securing the attainment of the objective pursued and do not go beyond what is necessary to attain that objective.
Amendment 172 #
Proposal for a directive
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. When assessing the necessity and the proportionality of the provisions, the relevant competent authorities shallmight consider in particular:
Amendment 177 #
Proposal for a directive
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) the nature of the risks related to the public interest objectives pursued, in particular the risks to consumers, to professionals or third parties; the definition of public interest is part of the Member States authority;
Amendment 189 #
Proposal for a directive
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
(c) the necessity of the provision and in particular whether existing rules of a specific or more general nature, such as product safety legislation or consumer protection law, are insufficient to protect the objective pursued;
Amendment 239 #
Proposal for a directive
Article 6 – paragraph 4 – introductory part
Article 6 – paragraph 4 – introductory part
4. For the purposes of paragraph 2(k), the relevant competent authorities shall assess in particular the cumulative effect of imposing any of the following requirements:deleted
Amendment 247 #
Proposal for a directive
Article 6 – paragraph 4 – point a
Article 6 – paragraph 4 – point a
(a) reserved activities, existing alongside protected professional title;deleted
Amendment 252 #
Proposal for a directive
Article 6 – paragraph 4 – point b
Article 6 – paragraph 4 – point b
(b) continuous professional development requirements;deleted
Amendment 255 #
Proposal for a directive
Article 6 – paragraph 4 – point c
Article 6 – paragraph 4 – point c
(c) rules relating to the organisation of the profession, professional ethics and supervision;deleted
Amendment 259 #
Proposal for a directive
Article 6 – paragraph 4 – point d
Article 6 – paragraph 4 – point d
(d) compulsory chamber membership, registration or authorisation schemes, in particular where those requirements imply the possession of a particular professional qualification;deleted
Amendment 263 #
Proposal for a directive
Article 6 – paragraph 4 – point e
Article 6 – paragraph 4 – point e
(e) quantitative restrictions, in particular requirements limiting the number of authorisations to practise, or fixing a minimum or a maximum number of employees, managers or representatives holding particular professional qualifications;deleted
Amendment 266 #
Proposal for a directive
Article 6 – paragraph 4 – point f
Article 6 – paragraph 4 – point f
(f) specific legal form requirements or requirements which relate to the shareholding or management of a company, to the extent those requirements are directly linked to the exercise of the regulated profession;deleted
Amendment 268 #
Proposal for a directive
Article 6 – paragraph 4 – point g
Article 6 – paragraph 4 – point g
(g) territorial restrictions, in particular where the profession is regulated in parts of a Member State’s territory in a different manner;deleted
Amendment 272 #
Proposal for a directive
Article 6 – paragraph 4 – point h
Article 6 – paragraph 4 – point h
(h) requirements restricting the exercise of a regulated profession jointly or in partnership, as well as incompatibility rules;deleted
Amendment 274 #
Proposal for a directive
Article 6 – paragraph 4 – point i
Article 6 – paragraph 4 – point i
(i) requirements concerning insurance cover or other means of personal or collective with regard to professional liability;deleted
Amendment 279 #
Proposal for a directive
Article 6 – paragraph 4 – point j
Article 6 – paragraph 4 – point j
(j) language knowledge requirements, to the extent necessary to practise the profession.deleted
Amendment 289 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1