4 Amendments of Karin KADENBACH related to 2016/0404(COD)
Amendment 17 #
Proposal for a directive
Recital 7
Recital 7
(7) The activities covered by this Directive should concern the regulated professions falling within the scope of Directive 2005/36/EC, without prejudice to recital 7a. This Directive should apply in addition to Directive 2005/36/EC and without prejudice to other provisions laid down in a separate Union act concerning access to, and the exercise of a given regulated profession.
Amendment 18 #
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7 a) The right to determine the level of protection that Member States wish to provide to public health as well as the means and methods to reach that level lies solely with the Member States.This has been recognised by the Court of Justice as well as the Union legislators.Furthermore, they have also held that health and life of humans come before any other interest protected by the TFEU.Hence, health professions should be excluded from the scope of this Directive.That exclusion should cover professions embracing activities related to the provision of healthcare services.Furthermore, that exclusion would also cover pharmaceutical services and the prescription, dispensation and provision of medicinal products and medical devices to patients to assess, maintain or restore their state of health.
Amendment 67 #
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Directive shall apply to requirements under the legal systems of the Member States restricting access to a regulated profession or its pursuit, or one of its modes of pursuit, including the use of professional titles and the professional activities allowed under such title, falling within the scope of Directive 2005/36/EC, without prejudice to paragraph 1a.
Amendment 70 #
Proposal for a directive
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
1 a. This Directive shall not apply to any requirements restricting access to, or the pursuit of regulated health professions in relation to the provision of healthcare services, including pharmaceutical services and the prescription, dispensation and provision of medicinal products and medical devices, whether or not they are provided via healthcare facilities, and regardless of the ways in which they are organised and financed at national level or whether they are public or private.