Activities of Marina YANNAKOUDAKIS 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 the Regulation on administrative cooperation through the Internal Market Information System
Amendments (35)
Amendment 63 #
Proposal for a directive
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 46, 53(1), 62, 114 and 11468 thereof,
Amendment 64 #
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 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 System. 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. Underlines that the practice of recognising a professional qualification under the card is an exclusive competence of the host Member State.
Amendment 80 #
Proposal for a directive
Article 1 – point 3 – point a – point ii
Article 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 basispursuant to legislative, regulatory ofr an examinationdministrative provisions in a Member State;
Amendment 81 #
Proposal for a directive
Article 1 – point 3 – point a – point ii
Article 1 – point 3 – point a – point ii
Directive 2005/36/EC
Article 3 – paragraph 1 – point k
Article 3 – paragraph 1 – point k
(k) “"European Professional Card”": an electronic certificate issued to the professional proving the recognition of his qualifications for establishment in a host Member State or that he has met all the necessary conditions to provideupon request for the purposes of establishment in a host Member State or the provision of services in a host Member State on a temporary and occasional basis;
Amendment 83 #
Proposal for a directive
Article 1 – point 5
Article 1 – point 5
Directive 2005/36/EC
Article 4a – paragraph 1
Article 4a – paragraph 1
1. Member States shall provide a holder of a professional qualification with a European Professional Card upon his request, following the completion of a pilot project for that particular profession, and on condition that the Commission has adopted the relevant implementing acts provided for in paragraph 6.
Amendment 85 #
Proposal for a directive
Article 1 – point 5
Article 1 – point 5
Directive 2005/36/EC
Article 4a – paragraph 2
Article 4a – paragraph 2
2. Member States shall ensure that the holder of a European Professional Card benefits from all the rights conferred by Articles 4b to 4e, uponsubject to validation of the Card by the competent authority of the relevanhost Member State as provided for in paragraphs 3 and 4 of this Article.
Amendment 87 #
Proposal for a directive
Article 1 – point 5
Article 1 – point 5
Directive 2005/36/EC
Article 4a – paragraph 3
Article 4a – paragraph 3
3. Where the holder of a qualification intends to provide services under Title II other than those covered by Article 7(4), and health professionals benefiting from automatic recognition under Directive 2005/36/EC the European Professional Card shall be created and validated issued by the competent authority of the home Member State in accordance with Articles 4b and 4c.
Amendment 88 #
Proposal for a directive
Article 1 – point 5
Article 1 – point 5
Directive 2005/36/EC
Article 4a – paragraph 5 a (new)
Article 4a – paragraph 5 a (new)
5a. A cost-benefit analysis should be carried out before a European Professional Card is proposed, to be introduced by implementing act.
Amendment 89 #
Proposal for a directive
Article 1 – point 5
Article 1 – point 5
Directive 2005/36/EC
Article 4a – paragraph 6
Article 4a – paragraph 6
6. The Commission shall adopt implementing acts 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 eachFollowing the completion of a pilot project for the particular profession, the European Professional Cards shall be available for professions concverned. Those by implementing acts shall be adoptedadopted by the Commission in accordance with the advisoryexamination procedure referred to in Article 58.
Amendment 90 #
Proposal for a directive
Article 1 – point 5
Article 1 – point 5
Directive 2005/36/EC
Article 4a – paragraph 6 a (new)
Article 4a – paragraph 6 a (new)
6a. Those implementing acts shall also determine 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 the profession concerned. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 58.
Amendment 91 #
Proposal for a directive
Article 1 – point 5
Article 1 – point 5
Directive 2005/36/EC
Article 4a – paragraph 6 b (new)
Article 4a – paragraph 6 b (new)
6b. The Commission may introduce a European Professional Card by an implementing act, in accordance with the examination procedure referred to in Article 58, provided that there is sufficient mobility or potential for sufficient mobility in the profession concerned, there is sufficient interest by the stakeholders concerned, or the profession is regulated in a sufficient number of Member States.
Amendment 94 #
Proposal for a directive
Article 1 – point 5
Article 1 – point 5
Directive 2005/36/EC
Article 4c – title
Article 4c – title
European Professional Card for the temporary provision of services other than those covered by Article 7(4) and for health professionals benefiting from automatic recognition under Directive 2005/36/EC.
Amendment 95 #
Proposal for a directive
Article 1 – point 5
Article 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 and the supporting documentation, and shall issue the European Professional Card within two weeksone month from the date it receives a complete application. 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 tthen transmit the European Professional Card immediately to the competent authority of the host Member State concerned and inform the applicant accordingly. 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 years.
Amendment 97 #
Proposal for a directive
Article 1 – point 5
Article 1 – point 5
Directive 2005/36/EC
Article 4c – paragraph 3
Article 4c – 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 two years referred to in paragraph 1, he may continue to use the European Professional Card referred to in paragraph 1. The competent authority of the home Member State shall transmit the updated European Professional Card to the host Member States concerned. In those cases the holder of the European Professional Card shall make the declaration provided in Article 7.
Amendment 98 #
Proposal for a directive
Article 1 – point 5
Article 1 – point 5
Directive 2005/36/EC
Article 4c – paragraph 4
Article 4c – paragraph 4
4. 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 or unless the holder has been prohibited from practising in any Member State.
Amendment 99 #
Proposal for a directive
Article 1 – point 5
Article 1 – point 5
Directive 2005/36/EC
Article 4d – title
Article 4d – title
European Professional Card for establishment and for the temporary provision of services under Article 7 (4) and for the temporary provision of services by health professionals benefiting from automatic recognition under Title III Chapter III
Amendment 101 #
Proposal for a directive
Article 1 – point 5
Article 1 – point 5
Directive 2005/36/EC
Article 4d – paragraph 5
Article 4d – paragraph 5
5. Where the host Member State fails to take a decision within the time limits set out in the paragraphs 2 and 3 or to request additional information within one month from the date of receipt of the European Professional Card by the home Member State, the European Professional Card shall be deemed to be temporarily validated by the host Member State and to constitute recognition of the professional qualification to the regulated profession concerned in the host Member State. Following the completion of a pilot project for each interested profession, the Commission shall be empowered to adopt implementing acts in accordance with Article 58 concerning the establishment of timelines for the processes outlined in paragraphs 1,2,3 and 4
Amendment 105 #
Proposal for a directive
Article 1 – point 5
Article 1 – point 5
Directive 2005/36/EC
Article 4e – paragraph 7 – subparagraph 1
Article 4e – paragraph 7 – subparagraph 1
7. Host Member States shall provide that employers, customers, patients and other interested parties may verify the authenticity and validity of a European Professional Card presented to them by the card holder without prejudice to paragraphs 2 and 3.
Amendment 106 #
Proposal for a directive
Article 1 – point 5
Article 1 – point 5
Directive 2005/36/EC
Article 4f – paragraph 1 – subparagraph 1 – point -a (new)
Article 4f – paragraph 1 – subparagraph 1 – point -a (new)
(-a) the professional is fully qualified to exercise in the home Member State the professional activity for which partial access may be granted in the host Member State;
Amendment 110 #
Proposal for a directive
Article 1 – point 7 – point a – point ii
Article 1 – point 7 – point a – point ii
Directive 2005/36/EC
Article 7 – paragraph 2 – point f
Article 7 – paragraph 2 – point f
(f) for professions with patient safety implications, 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 languageofficial language or one of the official languages of the host Member State
Amendment 112 #
Proposal for a directive
Article 1 – point 17
Article 1 – point 17
Directive 2005/36/EC
Article 22 – paragraph 2
Article 22 – paragraph 2
For the purposes of point (b) of the first paragraph, as from [insert date - the day after the date set out in first subparagraph of paragraph 1 of Article 3] and every five years thereafter, the competent authorities in Member States shall submit publicly available reports to the Commission and to the other Member States on their continuing education and training procedures related to doctors of medicine, medical specialists, nurses responsible for general care, dental practitioners, specialised dental practitioners, veterinary surgeons, midwives and pharmacists.(c) Member States must have a system in place to ensure health professionals regularly update their competencies through Continuing Professional Development.
Amendment 114 #
Proposal for a directive
Article 1 – point 19 – point b
Article 1 – point 19 – point b
Directive 2005/36/EC
Article 25 – paragraph 3a – subparagraph 1
Article 25 – paragraph 3a – subparagraph 1
3a. Member States may lay down in their national legislations partial exemptions from parts of the specialist medical training, to be applied on a case-by-case basis, if that part of the training has been followed already during the completion of another specialist training programme which is listed in point 5.1.3 of Annex V and provided that the former specialist qualification has already been obtained by the professional in that Member State. Member States shall ensure that the granted exemption is not more than one- third of the minimum duration of specialist medical training courses as referred to in point 5.1.3 of Annex V.
Amendment 125 #
Proposal for a directive
Article 1 – point 32
Article 1 – point 32
Directive 2005/36/EC
Article 46 – paragraph 3
Article 46 – paragraph 3
3. The remunerated traineeship mustshall be carried out in a Member State, under the supervision of a person providing adequate guarantees regarding their ability to provide practical training. It mustshall be undertaken after the completion of the study referred to in paragraph 1. The completion of the remunerated traineeship mustshall be attested to in a certificate accompanying the evidence of formal qualifications.
Amendment 128 #
Proposal for a directive
Article 1 – point 35
Article 1 – point 35
Directive 2005/36/EC
Article 49a – paragraph 2 a (new)
Article 49a – paragraph 2 a (new)
2a. The provisions of paragraph 1 shall not apply to the professions of doctors, nurses responsible for general care, dental practitioners, veterinary surgeons, midwives, pharmacists and architects which are based on the fundamental principle of automatic recognition of the evidence of formal qualifications on the basis of coordinated minimum conditions for training.
Amendment 129 #
Proposal for a directive
Article 1 – point 35
Article 1 – point 35
Directive 2005/36/EC
Article 49b – paragraph 3 a (new)
Article 49b – paragraph 3 a (new)
(3a) Exchange of information between competent authorities of different Member States under this Article shall take place via the Internal Market Information system (IMI).
Amendment 130 #
Proposal for a directive
Article 1 – point 38
Article 1 – point 38
Directive 2005/36/EC
Article 53 – paragraph 2 - subparagraph 1
Article 53 – paragraph 2 - subparagraph 1
A Member State shall ensure that any controls 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 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. Language verification undertaken by the competent authority shall not prevent an employer from carrying out additional checks, as appropriate.
Amendment 132 #
Proposal for a directive
Article 1 – point 38
Article 1 – point 38
Directive 2005/36/EC
Article 53 – paragraph 2 – subparagraph 2
Article 53 – paragraph 2 – subparagraph 2
In case of professions with patient safety implications, Member States may confer to the competent authorities the right to carry out or to supervise the verification of language checking covering all professionals concerned if the professional intends to work or is working in a self employed capacity or it is expressly requested by the national health care system, or in case of self-employed professprivate organisationals not affiliated to the nationals health care system, by representative national patientthe organisations.
Amendment 134 #
Proposal for a directive
Article 1 – point 38
Article 1 – point 38
Directive 2005/36/EC
Article 53 – paragraph 2 – subparagraph 3
Article 53 – paragraph 2 – subparagraph 3
Amendment 136 #
Proposal for a directive
Article 1 – point 39
Article 1 – point 39
Directive 2005/36/EC
Article 55a – Title
Article 55a – Title
Recognition of remuneratmandatory supervised traineeship
Amendment 137 #
Proposal for a directive
Article 1 – point 42
Article 1 – point 42
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 or restricted by national authorities or courts from pursuing, even temporarily, on the territory of that Member State the following professional activities:
Amendment 138 #
Proposal for a directive
Article 1 – point 42
Article 1 – point 42
Directive 2005/36/EC
Article 56a – paragraph 1 –subparagraph 1 – point j a (new)
Article 56a – paragraph 1 –subparagraph 1 – point j a (new)
(ja) other professions with patient safety implications;
Amendment 139 #
Proposal for a directive
Article 1 – point 42
Article 1 – point 42
Directive 2005/36/EC
Article 56a – paragraph 1 – subparagraph 1 – point j b (new)
Article 56a – paragraph 1 – subparagraph 1 – point j b (new)
(jb) professionals subject to the general system of recognition, under Title III chapters I and II, which have implications for patient safety.
Amendment 140 #
Proposal for a directive
Article 1 – point 42
Article 1 – point 42
Directive 2005/36/EC
Article 56a – paragraph 1 – subparagraph 2
Article 56a – paragraph 1 – subparagraph 2
The information referred to in the first subparagraph shall be sent at the latest within three days from the date of adoption of the decision prohibiting the professional concerned from exercising a professional activity via the Internal Market Information System (IMI).
Amendment 143 #
Proposal for a directive
Article 1 – point 42
Article 1 – point 42
Directive 2005/36/EC
Article 56a – paragraph 2 a (new)
Article 56a – paragraph 2 a (new)
(2a) Member States should inform without delay other Member States included in paragraphs 1 and 2, when an applicant presents false information including false evidence of training and education.
Amendment 144 #
Proposal for a directive
Article 1 – point 42
Article 1 – point 42
Directive 2005/36/EC
Article 56a – paragraph 5
Article 56a – paragraph 5
5. The Commission shall adopt implementing acts 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.