44 Amendments of Philippe JUVIN related to 2016/0402(COD)
Amendment 77 #
Proposal for a directive
–
–
The European Parliament rejects the Commission proposal.
Amendment 86 #
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) Requirements should be readily understandable so that service providers can take the necessary steps easily. In that connection, the establishment of single points of contact in line with the Services Directive is key. Making the necessary forms and documents available in all the EU languages would be a further help to service providers.
Amendment 123 #
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 ofWith that aim in view, the host Member State should have the appropriate time and means to consider applications for a European services e-card.
Amendment 126 #
Proposal for a directive
Recital 42
Recital 42
(42) A European services e-card should be valid for an indefin limited period in time, of time, and subject to regular checks on compliance by service providers, without prejudice to, in relation to temporary cross-border services, the effects of case-by-case derogations in accordance with Directive 2006/123/EC.
Amendment 137 #
Proposal for a directive
Article 2 – paragraph 3 – subparagraph 2
Article 2 – paragraph 3 – subparagraph 2
This Directive shall be without prejudice to 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 and EU Regulations No 883/2004 and No 987/2009 on the coordination of social security systems.
Amendment 143 #
Proposal for a directive
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
1. “h‘Home Member State”’ means: means the Member State to which a provider which has been certified as being legally established and in compliance with the law in its home Member State addressed the application for a European services e-card;
Amendment 160 #
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, unless limited period and subject to regular checks on compliance by service providers. It must also be possible to suspended, revoked or cancelled it, in accordance with Articles 15 to 17.
Amendment 164 #
Proposal for a directive
Article 8 a (new)
Article 8 a (new)
Article 8a To make it easier for service providers to take the necessary steps, the Commission is empowered to adopt an implementing act: - which introduces standard forms in the language of the host country summarising the requirements in each area of activity, which are to be made available to businesses via points of single contact; - which provides for the translation of these standard forms into all the other EU languages. Member States are invited to forward to the Commission, within nine months, all the information on the procedural steps to be completed in connection with the requirements imposed on service providers as regards the provision of services through a branch, agency or office and as regards the temporary cross-border provision of service activities which is needed to draw up standard forms, specifying which information and documents are required under national law, if that information was not contained in the notification of the requirement itself submitted under Articles 15(7) and 39(5) of Directive 2006/123/EC.
Amendment 170 #
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 one week of hava reasonable period following receivedpt of an application for a European services e-card:
Amendment 176 #
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 delayin a reasonable time frame the application to the coordinating authority of the host Member State, with information to the applicant.
Amendment 180 #
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
Within two weeks froma reasonable period following receivingpt of the application, to be agreed upon between the host and home Member States, 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- limita reasonable time frame, 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 183 #
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-limitshortest possible time frame, to be agreed on between the competent authorities of the host and home Member States, 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 for the assessment procedure 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.
Amendment 188 #
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 doehas not reacted within the time-limit referred to in paragraph 1a reasonable period of time, 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 no objection to the issue of the European services e-card to the applicant.
Amendment 190 #
Proposal for a directive
Article 12 – paragraph 3 – subparagraph 1
Article 12 – paragraph 3 – subparagraph 1
Amendment 192 #
Proposal for a directive
Article 12 – paragraph 5 – subparagraph 1
Article 12 – paragraph 5 – subparagraph 1
The decisions and actions of the coordinating authority of the home Member State, notified without delay to the applicant through the electronic platform where the standard form for application is made available, shall be subject to appeal under national law of the home Member State.
Amendment 193 #
Proposal for a directive
Article 12 – paragraph 5 – subparagraph 2
Article 12 – paragraph 5 – subparagraph 2
The decision by the coordinating authority of the host Member State to object to the issue of the European services e-card, shall without delay be notified to the applicant through the electronic platform where the standard form for application is made available, and shall be subject to appeal under national law of the host Member State.
Amendment 194 #
Proposal for a directive
Article 12 – paragraph 6 – subparagraph 1
Article 12 – paragraph 6 – subparagraph 1
Amendment 196 #
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 froma reasonable period following receivingpt of the application, to be determined by the host Member State in agreement with the home Member State, 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, 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 198 #
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 two 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 shall be issued to the applicant.
Amendment 200 #
Proposal for a directive
Article 13 – paragraph 3 – subparagraph 2
Article 13 – paragraph 3 – subparagraph 2
The applicant shall describeprovide evidence to show which specific conditions are complied with by previous compliance with equivalent requirements in the home Member State.
Amendment 201 #
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 one week upona reasonable period of time following receipt of proof of compliance with the conditions identified in accordance with paragraph 1, to be set by the host Member State in agreement with the Member State of origin, whether to issue the European services e-card or reject the application for the European services e- card.
Amendment 202 #
Proposal for a directive
Article 13 – paragraph 4 – subparagraph 2
Article 13 – paragraph 4 – subparagraph 2
In case the coordinating authority of the host Member State decides to issue the European services e-card, it shall do so without delayin a reasonable time frame.
Amendment 203 #
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 one weeka reasonable time frame, whether to issue the European services e- card or reject the application for the European services e-card.
Amendment 212 #
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Host Member States shall ensure that the coordinating authority who issued a European services e-card immediately suspends its validity or revokes it in case, respectively, of a decision, in accordance with EU law, determining a temporary or permanent ban on provision of the service activities in question by the European services e-card holder in the host Member State.
Amendment 213 #
Proposal for a directive
Article 15 – paragraph 2 – introductory part
Article 15 – paragraph 2 – introductory part
2. Host Member States shall ensure that coordinating authorities who issued a European services e-card immediately revoke it in case the e-card holder:
Amendment 217 #
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Member States shall ensure that, in case of a decision, in accordance with EU law, determining a temporary or permanent ban on provision of the service activities by the European services e-card holder in the home Member State, the coordinating authorities who issued a European services e-card immediately suspend the validity of or revoke, respectively, all European services e-cards issued for the same provider and service activity in question.
Amendment 218 #
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Member States shall ensure that, in case of a decision determining a temporary or permanent ban on provision of the service activities by the European services e-card holder in the host Member State, coordinating authorities who issued a European services e-card quickly suspend the validity of or revoke, respectively, all European services e-cards issued for the same provider and service activity in so far as the national law of the home Member State determines, in accordance with EU law, the suspension or termination of service activities in its territory due to, respectively, the temporary or permanent ban in question in the host Member State.
Amendment 219 #
Proposal for a directive
Article 16 – paragraph 3 – introductory part
Article 16 – paragraph 3 – introductory part
3. Member States shall ensure coordinating authorities who issued a European services e-card immediately revoke all European services e-cards issued for the same provider and service activities in case that provider:
Amendment 222 #
Proposal for a directive
Article 17 – paragraph 1 – subparagraph 1
Article 17 – paragraph 1 – subparagraph 1
A Member State which detects a reason to trigger the suspension or revocation of a European services e-card, in accordance with Articles 15 or 16, occurring in its territory shall immediately communicate via IMI to the holder of the European services e-card in question the motivation therefore and shall give it the opportunity to be heard.
Amendment 225 #
Proposal for a directive
Article 17 – paragraph 2 – subparagraph 3
Article 17 – paragraph 2 – subparagraph 3
Member States shall ensure that, as soon as the conditions which led to the suspension of a European services e-card are no longer valid, the issuing coordinating authority reactivates, without delay, the suspended European services e-card.
Amendment 226 #
Proposal for a directive
Article 17 – paragraph 4 – introductory part
Article 17 – paragraph 4 – introductory part
4. Host and home Member States shall oblige the holder of a European services e-card to inform, as soon as possible, the coordinating authority which issued its European services e-card of the following:
Amendment 235 #
Proposal for a directive
Annex I – Section F
Annex I – Section F
Amendment 236 #
Proposal for a directive
Annex I – Section F – Division 41
Annex I – Section F – Division 41
Amendment 237 #
Proposal for a directive
Annex I – Section F – Division 41 – Group 41.1
Annex I – Section F – Division 41 – Group 41.1
Amendment 238 #
Proposal for a directive
Annex I – Section F – Division 41 – Group 41.2
Annex I – Section F – Division 41 – Group 41.2
Amendment 239 #
Proposal for a directive
Annex I – Section F – Division 42
Annex I – Section F – Division 42
Amendment 240 #
Proposal for a directive
Annex I – Section F – Division 42 – Group 42.1
Annex I – Section F – Division 42 – Group 42.1
Amendment 241 #
Proposal for a directive
Annex I – Section F – Division 42 – Group 42.2
Annex I – Section F – Division 42 – Group 42.2
Amendment 242 #
Proposal for a directive
Annex I – Section F – Division 42 – Group 42.9
Annex I – Section F – Division 42 – Group 42.9
Amendment 243 #
Proposal for a directive
Annex I – Section F – Division 43
Annex I – Section F – Division 43
Amendment 244 #
Proposal for a directive
Annex I – Section F – Division 43 – Group 43.1
Annex I – Section F – Division 43 – Group 43.1
Amendment 245 #
Proposal for a directive
Annex I – Section F – Division 43 – Group 43.2
Annex I – Section F – Division 43 – Group 43.2
Amendment 246 #
Proposal for a directive
Annex I – Section F – Division 43 – Group 43.3
Annex I – Section F – Division 43 – Group 43.3
Amendment 247 #
Proposal for a directive
Annex I – Section F – Division 43 – Group 43.9
Annex I – Section F – Division 43 – Group 43.9