2016/0402(COD) | [ParlTrack]

Proposal for a directive
Recital 2

(2) Directive 2006/123/EC of the European Parliament and of the Council17 establishes general provisions facilitating the exercise of the freedom of establishment for service providers and the free movement of services. It provides inter alia that Member States should provide for administrative simplification, for instance offering electronic procedures via Points of Single Contact, simplifying existing procedures and the need for certified documents and making best use of a system of tacit approval. The Directive also sets a framework furthering the freedom to provide services on a temporary basis in another Member State. The Services Directive also stresses that it is important to achieve an internal market for services, with the right balance between market opening and preserving public services and social and consumer rights. __________________ 17 Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (OJ L 376, 27.12.2006, p. 36).

Amendment 17 #

Proposal for a directive
Recital 3

(3) Directive 2006/123/EC requires Member States to put in place and keep constantly updated Points of Single Contacts where a service provider wishing to establish or to provide services can find all relevant information about requirements to be complied with and e-procedures in respect of all formalities, authorisation and notifications to go through. However, costly information challenges and difficulties complying with national procedures at a distance remain to date for service providers, namely for sector-related requirements. Cooperation between authorities in different Member States should in principle take place ~~via~~through an updated version of the Internal Market Information System (IMI), an IT-platform offered for cross-border exchange of information and mutual assistance under that Directive. Despite the fact that authorities sometimes have doubts with regard to the legal establishment of a provider in another Member State, the possibilities for cooperation currently provided in IMI are not exploited to their full potential. Formalities associated with authorisations and notifications often require paper documents to be submitted and to be translated at a significant cost. Information regarding these obstacles is either not available online or is scarce, incomplete, dispersed and difficult to interpret in relation to the particular circumstances of a provider expanding across borders, as national rules often target purely domestic situations. Service providers often risk resubmitting information and documents.

Amendment 18 #

Proposal for a directive
Recital 5

(5) Cross-border trade and cross-border investment in csertain business and construction services are particularly low showing a potential for better integration of services markets with significant negative repercussions for the remaining part of the economy. This underperformance leads to situations where the potential for more growth and jobs in the Single Market has notvices could be further enhanced and there is a potential for better integration of services markets. The potential for more growth and jobs in the Single Market should be fully exploited, while at the same time high standards for consumers and workers should be maintained, and fair competition and a level playing field for companies should be en ~~fully exploit~~sured.

Amendment 19 #

Proposal for a directive
Recital 7

(7) In order to make it easier to take up and pursue service activities, this Directive builds upon Directive 2006/123/EC but does in no way amend its rules. The scope of this Directive is even more limited compared to the scope laid down in the Services Directive. It specifically targets business ~~and construction~~ service sectors, where many obstacles to cross-border activities still remain. In addition, cross- border trade and investment in ~~construction and~~ several business services are low and ~~both sectors~~ have seen weak productivity growth over the last decade.

Amendment 20 #

Proposal for a directive
Recital 10 a (new)

(10a) This Directive respects the different labour market models of the Member States, including labour market models regulated by collective agreements.

Amendment 21 #

Proposal for a directive
Recital 11

(11) This Directive also includes a framework for the validity and the reasons for suspending or revoking a European services e-card throughout the European Union. WFor service providers applying for a temporary cross-border provision, the validity of the e-card should be set at 36 months. Providers applying for provision of services through branches, agencies and offices should be eligible for an e- card of indefinite duration. Furthermore, whenever a service provider cannot legally continue to provide services across borders, the reason for which it initially applied for an e-card, that same e-card should be suspended or revoked, accordingly.

Amendment 22 #

Proposal for a directive
Recital 12

(12) The main purpose of the European services e-card is to introduce a uniform and simplified procedure for service providers wishing to expand provision of services across internal market borders. The e-card represents an electronic certificate, released through an online platform, stating that a service provider is legally established in a Member State (the home Member State). Host Member States where a service provider is interested in expanding to should furthermore not apply, to holders of an e-card, their prior authorisation or notifications schemes put in place under national law to control access to or exercicse of service activities, which is already the object of control before issue of a European services e-card.

Amendment 23 #

Proposal for a directive
Recital 18

(18) In addition, Member States should not be allowed to impose on holders of a European services e-card any service provision related authorisation or notification schemes prior to a service provision. Member States should not repeat, wholly or partially, controls previously performed in the context of issuing the European services e-card once provision of services has started in the host Member State. Authorisation or notification schemes such as those deriving from taxation, social security and labour law shall remain applicable as such matters are excluded from the scope of this Directive. Ex-post checks, inspections and investigations initiated by competent authorities, in both the home and host Member States, should however remain admissible to control service performance, as under current EU Law. Those ex-post checks are strongly recommended in respect of released e-cards of indefinite duration. If such controls reveal serious breaches of requirements applicable in a host Member State, this could lead to the suspension or revocation of the European services e-card.

Amendment 24 #

Proposal for a directive
Recital 21

(21) There are two types of European services e-cards offered to service providers: a simpler procedure, for an e- card with a validity period of 36 months, for temporary cross-border provision of services into other Member States, essentially controlling their previous establishment in the home Member State and allowing a host Member State to object to temporary provision of cross-border services only due to overriding reasons of public interests, and a more complex one, for an e-card with a validity period of indefinite duration, framing the control by host Member States of an economic activity in their territory for an indefinite period through secondary establishment in the form of branches, agencies or offices, in order to ensure, in a simplified workflow, mutual recognition is performed properly and expeditiously.

Amendment 25 #

Proposal for a directive
Recital 26

(26) A coordinating authority of the host Member State should provide clarity as to which requirements apply to the incoming service provider, considering the latter is already established in another Member State. The coordinating authority of the host Member State should ensure, through the relevant webpage and the authorities’ offices, that the provider knows which requirements govern performance of services in the host Member States, including those applicable once it obtains the European services e- card. For establishment, i.e., provision of services through branches, agencies or offices, the identification of applicable requirements by the coordinating authority of the host Member State fulfils a different purpose: it lists the requirements the compliance of which the incoming service provider is required to prove before the e- card can be issued. Where a host Member State has put in place a comprehensive and updated information database in its point of single contact, its coordinating authority can refer in particular to the relevant webpage from where the information can be retrieved in the context of the European services e-card procedure.

Amendment 26 #

Proposal for a directive
Recital 27

(27) In case a host Member State has put in place a comprehensive and updated information database in its point of single contact, its coordinating authority can simply refer to the relevant webpage from where the information can be retrieved in the context of the European services e- card procedure.deleted

Amendment 27 #

Proposal for a directive
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 of a European services e-card.

Amendment 28 #

Olle LUDVIGSSON, Carlos ZORRINHO, Kathleen VAN BREMPT, Eva KAILI

Proposal for a directive
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 twohree 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 of a European services e-card. Nevertheless, the authority of the host Member State should be granted a six month period, from the date of the automatic release of the e- card, in which to revise the application.

Amendment 29 #

Proposal for a directive
Recital 42

(42) A European services e-card should be valid for a~~n indefinite period in time, without prejudice to, in relation to temporary cross-border services, the effects of case-by-case derogations in accordance with Directive 2006/123/EC~~ limited period.

Amendment 30 #

Gesine MEISSNER, Pavel TELIČKA

Proposal for a directive
Recital 42

(42) ~~A European services e-card should be valid for an indefinite period in time~~For providers applying for provision of services through branches, agencies and offices, the European services e-card should be valid for an indefinite period in time. However, it should be valid for a limited period of 36 months for the service providers applying for a temporary cross-border services, 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 31 #

Proposal for a directive
Recital 44

(44) Administrative cooperation between home and host Member State authorities should ensure observance of conditions of validity of a previously issued European services e-card. To further ensure no European services e-card misrepresents the situation of its holder at any given moment, its holder and competent authorities should be obliged to inform, at a recurring date to be determined by the competent authorities of the host Member State, the coordinating authority who issued it of changes in the situation of the holder which may impact the validity of the e-card.

Amendment 32 #

Proposal for a directive
Recital 47

(47) The application of this Directive should be monitored and assessed in order to determine its impact on the costs of expanding operations cross-border, particularly in relation to service providers, on consumer perception regarding such providers, particularly those holding a European services e-card, and on competition, prices and quality of services and on workers’ rights. The effects of the provisions contained in this Directive should be evaluated regularly, in particular in order to assess whether it would be appropriate to introduce a European services e-card for other service activities. This monitoring will take place in cooperation with Member States, social partners and other relevant stakeholders.

Amendment 33 #

Anneleen VAN BOSSUYT

Proposal for a directive
Article 1 – paragraph 1 – subparagraph 1 a (new)

This Directive is without prejudice to existing Union law on social issues, employment conditions (in particular posting of workers, workers' rights and the social pillar), health and safety and protection of the environment. It does not change or put into question existing safeguards in this respect.

Amendment 34 #

Proposal for a directive
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. In order to bolster the rights and obligations laid down in those Directives, following the transposition of this Directive, the Commission should take action against any cases of social dumping. For this purpose, the Commission should consider submitting a legislative proposal for the broadening of Union competition law.

Amendment 35 #

Olle LUDVIGSSON, Carlos ZORRINHO, Kathleen VAN BREMPT, Eva KAILI

Proposal for a directive
Article 2 – paragraph 3 – subparagraph 2

This Directive shall be without prejudice to fundamental rights of workers, including trade union rights and 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.

Amendment 36 #

Proposal for a directive
Article 2 – paragraph 3 a (new)

3a. This Directive shall not in any way affect a Member State’s right to assess whether a company is established in its territory

Amendment 37 #

Anneleen VAN BOSSUYT

Proposal for a directive
Article 3 – paragraph 1 – point 1

1. "home Member State" means the Member State ~~to which a provider addressed the application for a European services e-card~~where the service provider has its primary establishment/ is established, performs its substantial business activity and employs its administrative staff;

Amendment 38 #

Anneleen VAN BOSSUYT

Proposal for a directive
Article 5 – paragraph 2 a (new)

2a. The competent authorities of the host Member State may ask the competent authorities of the home Member State, in the event of justified doubts, to verify the authenticity and validity of documents required for the issuance of the European services e-card.

Amendment 39 #

Olle LUDVIGSSON, Carlos ZORRINHO, Kathleen VAN BREMPT, Eva KAILI

Proposal for a directive
Article 7 – paragraph 1 – subparagraph 1

A European services e-card for temporary cross-border provision of services ~~conc~~, as regards the service activities coverned by that e-card, shall be valid throughout the territory of the host Member State.

Amendment 40 #

Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1

A European services e-card shall be valid for a~~n indefinite duration~~ period of 18 months, unless suspended, revoked or cancelled, in accordance with Articles 15 to 17.

Amendment 41 #

Gesine MEISSNER, Pavel TELIČKA

Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1

A European services e-card shall be ~~valid for an indefinite duration, unless suspended, revoked or cancelled, in accordance with Articles 15 to 17.~~ issued for an initial trial period of 36 months and automatically renewed for an indefinite duration without any further procedure required from of the e-card holder unless suspended, revoked or cancelled, in accordance with Articles 15 to 17. The e-card holder will be notified of the automatic renewal, if that is the case, via the IT-platform offered for cross- border exchange of information and mutual assistance under that Directive.

Amendment 42 #

Maria SPYRAKI

Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1

A European services e-card shall be valid for an initial period of 36 months and shall be automatically renewed thereafter to be valid for an indefinite duration, unless suspended, revoked or cancelled, in accordance with Articles 15 to 17. Without prejudice to Article 17(4), Member States shall, before the expiration of the initial period referred to in the preceding subparagraph and at any other time, perform checks, inspections or investigations, in accordance with Union law and in particular Article 17(5) of this Directive in order to ascertain the occurrence of any event that may, as prescribed by Articles 15 and 16, determine a suspension or revocation of a European services e-card. This shall be without prejudice to measures put in place in accordance with Article 18 of Directive 2006/123/EC.

Amendment 43 #

Gesine MEISSNER, Pavel TELIČKA

Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1

A European services e-card shall be valid for an indefinite duration, unless suspended, revoked or cancelled, in accordance with Articles 15 to 17, for 36 months for the service providers applying for temporary cross-border services, and for an indefinite duration for the providers applying for provision of services through branches, agencies and offices.

Amendment 44 #

Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1 a (new)

During this initial trial period of 36 months, Member States are advised to perform checks, inspections or investigations, in accordance with Union law and in particular Article 17(5) of this Directive, in order to ascertain the occurrence of any event that may, as prescribed by Articles 15 and 16, determine a suspension or revocation of a European services e-card.

Amendment 45 #

Olle LUDVIGSSON, Carlos ZORRINHO, Kathleen VAN BREMPT, Eva KAILI

Proposal for a directive
Article 9 – paragraph 2 a (new)

2a. Providers of service activities that have not been economically active in the home Member State for more than six months shall not be eligible for a European services e-card.

Amendment 46 #

Olle LUDVIGSSON, Carlos ZORRINHO, Kathleen VAN BREMPT, Eva KAILI

Proposal for a directive
Article 10 – paragraph 1 a (new)

A Member State shall not be prevented from applying its rules on employment conditions, including those laid down in collective agreements.

Amendment 47 #

Olle LUDVIGSSON, Carlos ZORRINHO, Kathleen VAN BREMPT, Eva KAILI

Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – introductory part

The coordinating authority of the home Member State shall within ~~one~~four weeks of having received an application for a European services e-card:

Amendment 48 #

Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1

Within ~~two~~four weeks from receiving the application 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- limit, 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 49 #

Olle LUDVIGSSON, Carlos ZORRINHO, Kathleen VAN BREMPT, Eva KAILI

Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1

Within twohree weeks from receiving the application 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- limit, 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 50 #

Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1 a (new)

A Member State shall not be prevented from applying its rules on employment conditions, including those laid down in collective agreements.

Amendment 51 #

Proposal for a directive
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 does not react within the time-limit referred to in paragraph 1, that time limit shall automatically be extended by ~~two~~four 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 ano objection to the issue of the European services e-card to the applicant.

Amendment 52 #

Proposal for a directive
Article 12 – paragraph 3 – subparagraph 1

If the host Member State does not object in accordance with paragraph 1, the coordinating authority of the home Member State shall issue the European services e-card without delay upon expiration of the extended time-limit resulting from the application of paragraph 2. In the absence of any objection under the second subparagraph of paragraph 1 and failing a decision by the coordinating authority of the home Member State upon expiration of the extended time-limit resulting from the application of paragraph 2, the European services e-card shall be deemed to have been issued by the home Member State in the terms communicated to the host Member State in accordance with Article 11(2). If the European services e-card has been automatically issued, the authority of the host Member State shall be granted a three-month period, from the date of the release, in which to revise the application.

Amendment 53 #

Proposal for a directive
Article 12 – paragraph 3 – subparagraph 1

If the host Member State does not object in accordance with paragraph 1, the coordinating authority of the home Member State shall issue the European services e-card without delay upon expiration of the extended time-limit resulting from the application of paragraph 2. In the absence of any objection under the second subparagraph of paragraph 1 and failing a decision by the coordinating authority of the home Member State upon expiration of the extended time-limit resulting from the application of paragraph 2, the European services e-card shall be deemed to have been ~~issued by the home Member State in the terms communica~~rejected toby the hostme Member State ~~in accordance with Article 11(2)~~.

Amendment 54 #

Proposal for a directive
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~~four 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 shalls be ~~issued to the applicant~~en rejected.

Amendment 55 #

Proposal for a directive
Article 13 – paragraph 4 – subparagraph 1

The coordinating authority of the host Member State shall assess, within ~~one~~two weeks upon receipt of proof of compliance with the conditions identified in accordance with paragraph 1, whether to issue the European services e-card or reject the application for the European services e- card.

Amendment 56 #

Proposal for a directive
Article 13 – paragraph 4 – subparagraph 4

Amendment 57 #

Proposal for a directive
Article 13 – paragraph 4 – subparagraph 4

Amendment 58 #

Olle LUDVIGSSON, Carlos ZORRINHO, Kathleen VAN BREMPT, Eva KAILI

Proposal for a directive
Article 13 – paragraph 6

6. In case the host Member State, upon expiration of the periods for its reaction mentioned in paragraphs, 2 and 4, does not request compliance with any condition under paragraph 1 or does not take the decision to issue the European services e-card under paragraph 4, the European services e-card shall be deemed to have been ~~issued by the host Member State in the terms communica~~rejected toby the host Member State ~~in accordance with Article 11(2)~~.

Amendment 59 #

Proposal for a directive
Article 16 – paragraph 3 – point vi a (new)

(via) does not respect the existing employer obligations or workers’ and trade unions’ rights.

Amendment 60 #

Olle LUDVIGSSON, Carlos ZORRINHO, Kathleen VAN BREMPT, Eva KAILI

Proposal for a directive
Article 20 – paragraph 1

The Commission, with Member States, social partners and other relevant stakeholders, will establish monitoring arrangements to monitor and assess the implementation and impacts of this Directive, in particular on workers’ rights and how it impacts freedom of establishment and freedom to provide services across Member States for the service activities covered, namely by reducing costs for providers, enhancing transparency about providers expanding cross-border and increasing competition, and how it impacts prices and quality of the services concerned, considering relevant indicators.

Amendment 61 #

Proposal for a directive
Annex I – Section F

Section F - Construction - buildings Group 41.1 Development of building projects Group 41.2 Construction of residential and non-residential buildings Division 42 Civil engineering Group 42.1 Construction of roads and railways Group 42.2 Construction of utility projects Group 42.9 Construction of other civil engineering projects Division 43 Specialised construction activities Group 43.1 Demolition and site preparation Group 43.2 Electrical, plumbing and other construction installation activities, with the exclusion of installation, servicing, maintenance, repair or decommissioning by natural persons of equipment that contains fluorinated greenhouse gases listed in points (a) to (d) of Article 4(2) of Regulation (EU) 517/2014 Group 43.3 Building completion and finishing Group 43.9 Other specialised construction activitiesdeleted Division 41 Construction of

source: 601.269

2017/10/27 EMPL 188 amendments...

Amendment 100 #

Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1

A European services e-card shall be valid for a~~n indefinite duration~~ period of 18 moths, unless suspended, revoked or cancelled, ~~in accordance with Articles 15 to 17~~and must be subject to checks and inspections every 3 months by the host Member State's authorities.

Amendment 101 #

Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1

A European services e-card shall be valid for a~~n indefinite duration~~ period of 4 years and can be renewed using the procedure as in the directive, unless suspended, revoked or cancelled, in accordance with Articles 15 to 17.

Amendment 102 #

Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1

A European services e-card shall be valid for ~~an indefinite duration~~12 months, unless suspended, revoked or cancelled, in accordance with Articles 15 to 17.

Amendment 103 #

Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1

A European services e-card shall be valid for ~~an indefinite duration~~24 months, unless suspended, revoked or cancelled, in accordance with Articles 15 to 17.

Amendment 104 #

Proposal for a directive
Article 8 – paragraph 1

Member States shall ensure that providers with establishment in the territory of one Member State shall have the right to submit an application for a European services e-card to the coordinating authority of that same Member State in order to provide services in other Member States.

Amendment 105 #

Proposal for a directive
Article 9 – paragraph 1

1. Providers of service activities for which a European professional card for the temporary and occasional provision of services has been or can be introduced, in accordance with Directive 2005/36/EC, shall not be eligible for a European services e-card for the provision of temporary cross-border services.

Amendment 106 #

Proposal for a directive
Article 10 – paragraph 1

In assessing applications for the European services e-card, Member States shall retain the right to invoke those overriding reasons of public interests recognised under Directive 2006/123/EC, in particular Article 16 thereof, or other acts of EU law, or under national or secondary regional requirements.

Amendment 107 #

Proposal for a directive
Article 10 – paragraph 1

In assessing applications for the European services e-card, host Member States shall retain the right to invoke those overriding reasons of public interests recognised under Directive 2006/123/EC, in particular Article 16 thereof, or other acts of EU law.

Amendment 108 #

Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – introductory part

The coordinating authority or Point of Single Contact (PSC) of the home Member State shall within ~~one~~eight weeks of having received an application for a European services e-card:

Amendment 109 #

Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – introductory part

The coordinating authority of the home Member State shall within ~~one week of having received~~a reasonable period, such as to permit efficient scrutiny of an application for a European services e- card:

Amendment 110 #

Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – introductory part

The coordinating authority of the home Member State shall within onthree weeks of having received an application for a European services e-card:

Amendment 111 #

Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – introductory part

The coordinating authority of the home Member State shall within ~~one~~four weeks of having received an application for a European services e-card:

Amendment 112 #

Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – introductory part

The coordinating authority of the home Member State shall within ~~one~~four weeks of having received an application for a European services e-card:

Amendment 113 #

Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – introductory part

The coordinating authority of the home Member State shall within one ~~week~~month of having received an application for a European services e-card:

Amendment 114 #

Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – point b

(b) verify the completeness and accuracy and validity of the information provided;

Amendment 115 #

Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – point c

(c) verify whether European services e- cards issued in relation to other home Member States for the same provider and service activity have been revoked or cancelled, or that cancelation has been requested to allow replacement of those e- cards by the European services e-card to which the application refers to;Does not affect the English version.)

Amendment 116 #

Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – point d

(d) verify that the applicant is legally established in its territory and verify the content, and validity of accompanying documents, if any, that prove compliance with requirements applicable to the service provision to which the applicant is subject in the home Member State;

Amendment 117 #

Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – point d

(d) verify the content and validity of accompanying documents, ~~if any,~~ that prove compliance with requirements applicable to the service provision to which the applicant is subject in the home Member State;

Amendment 118 #

Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – point g

(g) upload to the electronic platform where the standard form for application is made available the necessary documents, ~~if any,~~ obtained in accordance with Article 14(2).

Amendment 119 #

Proposal for a directive
Article 11 – paragraph 1 – subparagraph 2

Where the coordinating authority of the home Member State requests supplement~~ing of the application from~~ary information from the applicant, or, where, in the event of duly justified doubts, the host Member State requests re-verification of the validity of information submitted by the applicant, the time-limit is suspended until that information is provided.

Amendment 120 #

Proposal for a directive
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~~Upon completion of the tasks referred to in paragraph 1, the coordinating authority of the home Member State shall transmit without delay the application to the coordinating authority of the host Member State, ~~with information to the applicant~~and, at the same time, inform the applicant of the transmission.

Amendment 121 #

Proposal for a directive
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~~transfer without delay the application to the coordinating authority of the host Member State, with information to the applicant.

Amendment 122 #

Proposal for a directive
Article 11 – paragraph 4

4. The Commission shall adopt technical rules for the handling and processing of the application by means of implementing acts. These rules shall include time-limits on the expiration of the application due to inaction of the applicant. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 19(2).deleted

Amendment 123 #

Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1

Within ~~two weeks from receiving the application~~a period set by the host Member State with a view to avoiding distortions with national undertakings, 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- limit, 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 124 #

Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1

~~Within two~~In the course of a procedure for issuing a European services e-card for the provision of temporary cross-border services, the coordinating authority of the host Member State shall, within four weeks from receiving the application 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- limit, decide to object to the issue of the European services e-card by the coordinating authorityof the envisaged service activities, during the provision of the service, under the legislation of the homest Member State w~~here it demonstrates that the application of a prior authorisation scheme, prior notification scheme or requirements to the applicant is justified for~~ ith the exceptione 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~~referred to in Article 5(4).

Amendment 125 #

Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1

Within two weeks from receiving the application, the coordinating authority of the host Member State shall examine it and inform the applicant and the coordinating authority of 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- limit, 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 126 #

Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1

Within twohree weeks from receiving the application from the home member state, 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- limit, 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 127 #

Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1

Within ~~two~~eight weeks from receiving the application the coordinating authority of the host Member State or the Point of Single Contact (PSC) 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- limit, 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 128 #

Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1

Within ~~two weeks from~~one month of receiving the application 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- limit, 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 129 #

Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1

Within ~~two~~four weeks from receiving the application 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- limit~~, 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 130 #

Proposal for a directive
Article 12 – paragraph 1 – subparagraph 2

Amendment 131 #

Proposal for a directive
Article 12 – paragraph 1 – subparagraph 2

Amendment 132 #

Proposal for a directive
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-limit, 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 referred to in this paragraph is suspended until the requested necessary clarification or necessary additional information is supplied. ~~The procedure for~~A failure to provide the coordinating authority of the host Member State with the request~~ing~~ed clarifications or additional information ~~will be laid down by way of the delegated acts referenced in paragraph 4~~in due time shall lead to an expiration of the application.

Amendment 133 #

Proposal for a directive
Article 12 – paragraph 1 – subparagraph 3

An objection to grant a European services e-card may not be based on non- compliance with one of the requirements listed in Article 5(5). The Commission shall have access, via IMI, to the decision of objection by the coordinating authority of the host Member State.deleted

Amendment 134 #

Proposal for a directive
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 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 there is no objection to the issue of the European services e-card to the applicant~~.

Amendment 135 #

Proposal for a directive
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 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 there is no objection to the issue of the European services e-card to the applicant~~. A European Services E-card can only be issued to a provider with the active consent of the host Member State.

Amendment 136 #

Proposal for a directive
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 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 there is ano objection to the issue of the European services e-card to the applicant.

Amendment 137 #

Proposal for a directive
Article 12 – paragraph 3 – subparagraph 1

Amendment 138 #

Proposal for a directive
Article 12 – paragraph 3 – subparagraph 1

If the host Member State does not object in accordance with paragraph 1, ~~the coordinating authority of the home Member State shall issue the European services e-card without delay~~ upon expir~~ation~~y of the extended time- limit resulting from the application of paragraph 2~~. In~~, the ~~absence of any objection under the second subparagraph of paragraph 1 and failing a decision by the coordinating authority of the home Member State upon expiration of the extend~~card shall be deemed time-limit resulting from the application of paragraph 2, the European services e-card shall be deemed to have been issued by the home Member State in the terms communicated to the host Member State in accordance with Article 11(2)possible to issue.

Amendment 139 #

Proposal for a directive
Article 12 – paragraph 3 – subparagraph 1

Amendment 140 #

Proposal for a directive
Article 12 – paragraph 3 – subparagraph 1

Amendment 141 #

Proposal for a directive
Article 12 – paragraph 3 – subparagraph 1

Amendment 142 #

Ádám KÓSA

Proposal for a directive
Article 12 – paragraph 4

~~(4) The Commission is empowered to adopt~~ delegated acts in accordance with Article 18 in order to specify the procedure for the coordinating authority of the host Member State to request clarifications or additional information from the home Member State or the applicant, and to modify, if necessary, the time-limits laid down in paragraph 1.

Amendment 143 #

Proposal for a directive
Article 12 – paragraph 4

~~4. The Commission is empowered to adopt~~ delegated acts in accordance with Article 18 in order to specify the procedure for the coordinating authority of the host Member State to request clarifications or additional information from the home Member State or the applicant, and to modify, if necessary, the time-limits laid down in paragraph 1.

Amendment 144 #

Proposal for a directive
Article 12 – paragraph 4

Amendment 145 #

Proposal for a directive
Article 12 – paragraph 6

6. The Commission shall adopt technical rules for the handling and processing of the application under paragraphs 1 and 2 by means of implementing acts. These rules shall include time-limits on the expiration of the application due to inaction of the applicant. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 19(2).deleted

Amendment 146 #

Proposal for a directive
Article 13 – paragraph 1 – subparagraph 1

Amendment 147 #

Proposal for a directive
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 from receiving the application~~a reasonable period to be determined by itself, 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 148 #

Proposal for a directive
Article 13 – paragraph 1 – subparagraph 1

Amendment 149 #

Proposal for a directive
Article 13 – paragraph 1 – subparagraph 2

The host Member State shall ~~immediately~~no later than three weeks after receipt of the application inform the applicant and the coordinating authority of the home Member State of the prior authorisation or prior notification scheme in question, the conditions which the applicant is required to comply with and of the necessity and proportionality thereof.

Amendment 150 #

Proposal for a directive
Article 13 – paragraph 1 – subparagraph 2

TNo later than four weeks after receipt of the application, the host Member State shall ~~immediately~~ inform the applicant and the coordinating authority of the home Member State of the prior authorisation or prior notification scheme in question, the conditions which the applicant is required to comply with and of the necessity and proportionality thereof.

Amendment 151 #

Proposal for a directive
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 applicantweeks.

Amendment 152 #

Proposal for a directive
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 153 #

Proposal for a directive
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 154 #

Proposal for a directive
Article 13 – paragraph 4 – subparagraph 1

The coordinating authority of the host Member State shall assess, within ~~one week upon receipt of proof of compliance with the conditions identified in accordance with paragraph 1~~a reasonable period to be determined by the host Member State, whether to issue the European services e-card or reject the application for the European services e- card.

Amendment 155 #

Proposal for a directive
Article 13 – paragraph 4 – subparagraph 1

The coordinating authority of the host Member State shall assess, within ~~one~~four weeks upon receipt of proof of compliance with the conditions identified in accordance with paragraph 1, whether to issue the European services e-card or reject the application for the European services e- card.

Amendment 156 #

Proposal for a directive
Article 13 – paragraph 4 – subparagraph 1

The coordinating authority of the host Member State shall assess, within ~~one~~eight weeks upon receipt of proof of compliance with the conditions identified in accordance with paragraph 1, whether to issue the European services e-card or reject the application for the European services e- card.

Amendment 157 #

Proposal for a directive
Article 13 – paragraph 4 – subparagraph 1

The coordinating authority of the host Member State shall assess, with~~in one week~~out delay upon receipt of proof of compliance with the conditions identified in accordance with paragraph 1, whether to issue the European services e-card or reject the application for the European services e- card.

Amendment 158 #

Proposal for a directive
Article 13 – paragraph 4 – subparagraph 1

The coordinating authority of the host Member State shall assess, within one ~~week upon~~month of receipt of proof of compliance with the conditions identified in accordance with paragraph 1, whether to issue the European services e-card or reject the application for the European services e- card.

Amendment 159 #

Proposal for a directive
Article 13 – paragraph 4 – subparagraph 3

Alternatively, the coordinating authority of the host Member State may inform the applicant and the coordinating authority of the home Member State of its intention to reject the application, in which case the applicant shall have a four weeks to present its observations.

Amendment 160 #

Proposal for a directive
Article 13 – paragraph 4 – subparagraph 4

Upon receipt of the observations of the applicant or, where no observations have been made, upon expir~~ation~~y of the time- limit to present those observations, the coordinating authority of the host Member State shall ~~decide, within one week, whether to issue the European services e- card or reject the application for the European services e-~~notify the applicant of the Member State’s decision not to issue the card.

Amendment 161 #

Proposal for a directive
Article 13 – paragraph 4 – subparagraph 4

Amendment 162 #

Proposal for a directive
Article 13 – paragraph 4 – subparagraph 4

Amendment 163 #

Proposal for a directive
Article 13 – paragraph 4 – subparagraph 4

Amendment 164 #

Proposal for a directive
Article 13 – paragraph 4 – subparagraph 4

Amendment 165 #

Proposal for a directive
Article 13 – paragraph 4 – subparagraph 4

Upon receipt of the observations of the applicant or, where no observations have been made, upon expir~~ation~~y of the time- limit to present those observations, the coordinating authority of the host Member State shall decide~~, within one week,~~ whether to issue the European services e- card or reject the application for the European services e- card.

Amendment 166 #

Proposal for a directive
Article 13 – paragraph 5 – subparagraph 1

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 limits referred to in paragraphs 1 and 4 are suspended until the requested necessary clarification or necessary additional information is supplied. A failure to provide the coordinating authority of the host Member State with the requested clarification or additional information in due time shall lead to an expiration of the application.

Amendment 167 #

Proposal for a directive
Article 13 – paragraph 5 – subparagraph 2

~~Clarifications and additional information shall be requested in accordance with the procedure laid down in accordance with paragraph 7.~~deleted

Amendment 168 #

Proposal for a directive
Article 13 – paragraph 6

6. In case the host Member State, upon expiration of the periods for its reaction mentioned in paragraphs , 2 and 4, does not request compliance with any condition under paragraph 1 or does not take the decision to issue the European services e-card under paragraph 4, the European services e-card shall be deemed to have been issued by the host Member State in the terms communicated to the host Member State in accordance with Article 11(2).deleted

Amendment 169 #

Proposal for a directive
Article 13 – paragraph 6

6. In case the host Member State, upon expiration of the periods for its reaction mentioned in paragraphs, 2 and 4, does not request compliance with any condition under paragraph 1 or does not take the decision to issue the European services e-card under paragraph 4, the European services e-card shall be deemed to have been issued by the host Member State in the terms communicated to the host Member State in accordance with Article 11(2).deleted

Amendment 17 #

Evelyn REGNER, Jutta STEINRUCK, Agnes JONGERIUS, Maria ARENA, Ole CHRISTENSEN, Edouard MARTIN, Joachim SCHUSTER, Sergio GUTIÉRREZ PRIETO, Birgit SIPPEL, Georgi PIRINSKI, Brando BENIFEI, Javi LÓPEZ, Guillaume BALAS

Proposal for a directive
–

The Committee on Employment and Social Affairs calls on the Committee on Internal Market and Consumer Protection as the committee responsible, to propose rejection of the Commission proposal.

Amendment 170 #

Proposal for a directive
Article 13 – paragraph 6

6. In case the host Member State, upon expiration of the periods for its reaction mentioned in paragraphs, 2 and 4, does not request compliance with any condition under paragraph 1 or does not take the decision to issue the European services e-card under paragraph 4, the European services e-card shall be deemed to have been issued by the host Member State in the terms communicated to the host Member State in accordance with Article 11(2).deleted

Amendment 171 #

Proposal for a directive
Article 13 – paragraph 6

6. I~~n case~~f the host Member State, upon expir~~ation~~y of the periods for its reaction mentioned in paragraphs , 2 and 4, does not request compliance with any condition under paragraph 1 or does not take the decision to issue the European services e- card under paragraph 4, the European services e-card shall be deemed not to have been issued by the host Member State ~~in the terms communicated to the host Member State in accordance with Article 11(2)~~.

Amendment 172 #

Proposal for a directive
Article 13 – paragraph 7

~~7. The Commission shall be empowered to adopt~~ delegated acts in accordance with Article 18 in order to specify the procedure for the coordinating authority of the host Member State to request clarifications or additional information from the home Member State as referred to in paragraph 5, and to modify if necessary the time-limits mentioned in paragraphs 1 and 4.

Amendment 173 #

Proposal for a directive
Article 13 – paragraph 7

Amendment 174 #

Proposal for a directive
Article 13 – paragraph 7

7. The Commission shall be empowered to adopt delegated acts in accordance with Article 18 in order to specify the procedure for the coordinating authority of the host Member State to request clarifications or additional information from the home Member State as referred to in paragraph 5~~, and to modify if necessary the time-limits mentioned in paragraphs 1 and 4~~.

Amendment 175 #

Proposal for a directive
Article 13 – paragraph 7

Amendment 176 #

Proposal for a directive
Article 13 – paragraph 7

7. The Commission shall be empowered to adopt delegated acts in accordance with Article 18 in order to specify the procedure for the coordinating authority of the host Member State to request clarifications or additional information from the home Member State as referred to in paragraph 5, and to ~~modify~~extend if necessary the time-limits mentioned in paragraphs 1 and 4.

Amendment 177 #

Proposal for a directive
Article 13 – paragraph 9 – subparagraph 1

~~Member States shall not require application for a registration of a branch under company law as a precondition to assess the application for a European services e-card for establishment.~~deleted

Amendment 178 #

Proposal for a directive
Article 13 – paragraph 10

10. The Commission shall adopt technical rules for the handling and processing of the application under paragraphs 1, 2, 3 and 4 by means of implementing acts. These rules shall include time-limits on the expiration of the application due to inaction of the applicant. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 19(2).deleted

Amendment 179 #

Rina Ronja KARI, Paloma LÓPEZ BERMEJO, Gabriele ZIMMER

Proposal for a directive
Article 13 – paragraph 10 – subparagraph 1

The Commission shall adopt technical rules for the handling and processing of the application under paragraphs 1, 2, 3 and 4 by means of implementing acts. These rules shall include time-limits on the expiration of the application due to inaction of the applicant.deleted

Amendment 18 #

Proposal for a directive
–

The Committee on Employment and Social Affairs calls on the Committee on Internal Market and Consumer Protection, as the committee responsible, to propose rejection of the Commission proposal.

Amendment 180 #

Proposal for a directive
Article 13 – paragraph 10 – subparagraph 2

~~Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 19(2).~~deleted

Amendment 181 #

Proposal for a directive
Article 14 – paragraph 1

1. Coordinating authorities in the home Member State shall not require providers to provide information and documents which are available to those authorities in accordance with paragraph 2 of this Article or Article 14(3) of Regulation ….[ESC Regulation]….. when applying for a European services e-card or to prove compliance, in the context of a European services e-card for establishment, with conditions identified by the coordinating authority of the host Member State in accordance with Article 13(1).deleted

Amendment 182 #

Proposal for a directive
Article 15 – paragraph 2 – point iv a (new)

(iva) Member States shall ensure that coordinating authorities who issued a European services e-card revoke it in case the e-card holder does not comply with the posting of workers regulation

Amendment 183 #

Ádám KÓSA

Proposal for a directive
Article 16 – paragraph 1 a (new)

(1a) During the e-card procedure for secondary establishment, a separate mechanism for suspending/withdrawing the e-card and the possibility of case-by- case derogations must be ensured.

Amendment 184 #

Proposal for a directive
Article 16 – paragraph 3 – introductory part

3. Member States shall ensure coordinating authorities who issued a European services e-card revoke, by electronic means, through the IMI system, all European services e-cards issued for the same provider and service activities in case that provider:

Amendment 185 #

Proposal for a directive
Article 16 – paragraph 3 – introductory part

3. Member States shall ensure that coordinating authorities who issued a European services e-card revoke, by electronic means, through the IMI system, all European services e-cards issued for the same provider and service activities in case that provider:

Amendment 186 #

Proposal for a directive
Article 16 – paragraph 3 – introductory part

3. Member States shall ensure coordinating authorities who issued a European services e-card revoke all European services e-cards issued for the same provider and service activities in case that provider:(Does not affect the English version.)

Amendment 187 #

Proposal for a directive
Article 17 – paragraph 4 – point b

(b) permanent or temporary cessation of activities covered by the European services e-card in the territory of the home Member State;

Amendment 188 #

Proposal for a directive
Article 17 – paragraph 4 – point e

(e) any ~~significant~~ change as regards the requirements that the holder of the e- card is subject to in its home Member State to the extent that information on compliance with these requirements had been communicated to the host Member State together with the e-card application;

Amendment 189 #

Proposal for a directive
Article 17 – paragraph 5 – subparagraph 1

Coordinating authorities shall exchange information ~~on their own initiative~~ and give assistance to other coordinating authorities in relation to events that have come to their knowledge which may determine a suspension or revocation of the European services e-card in question or the need to otherwise update its content.

Amendment 19 #

Proposal for a directive
Recital 2

(2) Directive 2006/123/EC of the European Parliament and of the Council17 establishes general provisions facilitating the exercise of the freedom of establishment for service providers and the free movement of services. It provides inter alia that Member States should provide for administrative simplification, for instance offering electronic procedures via Points of Single Contact, and simplifying existing procedures ~~and the need for certified documents and making best use of a system of tacit approval~~, while ensuring that the documents submitted are reliable. The Directive also sets a framework furthering the freedom to provide services on a temporary basis in another Member State. __________________ 17 Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (OJ L 376, 27.12.2006, p. 36).

Amendment 190 #

Proposal for a directive
Article 17 – paragraph 6

6. The holder of a European services e-card may, by electronic means, request the cancellation of ~~its previously issued~~the European services e-card to the issuing coordinating authority at any time.

Amendment 191 #

Proposal for a directive
Article 17 – paragraph 6

Amendment 192 #

Proposal for a directive
Article 17 – paragraph 7

7. The Commission shall adopt technical rules for the processing of suspensions, revocations, updates and cancelations of European services e-cards by means of implementing acts, including provisions on the introduction and withdrawal of alerts of possible suspension and revocation and on the interconnection between these procedures and the alert mechanism set up under Article 32 of Directive 2006/123/EC as well as the interconnection between a valid European services e-card and the procedure for case-by-case derogations in accordance with Article 18 of Directive 2006/123/EC. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 19(2).deleted

Amendment 193 #

Proposal for a directive
Article 17 – paragraph 7 – subparagraph 2 a (new)

Member States may impose a penalty on a service provider that provides information that proves to be incorrect or false upon inspection.

Amendment 194 #

Proposal for a directive
Article 17 – paragraph 7 – subparagraph 2 a (new)

Member States may impose a fine on a service provider that provides information that proves to be incorrect upon inspection.

Amendment 195 #

Proposal for a directive
Article 18 – paragraph 1

~~1. The power to adopt~~ delegated ~~acts is conferred on the Commission subject to the conditions laid down in this Article.~~

Amendment 196 #

Proposal for a directive
Article 18 – paragraph 2

~~2. The power to adopt~~ delegated acts referred to in Article 12(4) and Article 13(7) shall be conferred on the Commission for a period of five years from […]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

Amendment 197 #

Proposal for a directive
Article 18 – paragraph 2

2. The power to adopt delegated acts referred to in Article 12(4) and Article 13(7) shall be conferred on the Commission for a period of ~~fiv~~three years from […]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

Amendment 198 #

Proposal for a directive
Article 18 – paragraph 3

3. The delegation of power referred to in Article 12(4) and Article 13(7) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.deleted

Amendment 199 #

Proposal for a directive
Article 18 – paragraph 4

~~4. As soon as it adopts a~~ delegated ~~act, the Commission shall notify it simultaneously to the European Parliament and to the Council.~~

Amendment 20 #

Proposal for a directive
Recital 3

(3) Directive 2006/123/EC requires Member States to put in place and keep constantly updated Points of Single Contacts where a service provider wishing to establish or to provide services can find all relevant information about requirements to be complied with and e-procedures in respect of all formalities, authorisation and notifications to go through. The Points of Single Contacts need to be upgraded in line with the proposal for a Regulation of the European Parliament and of the Council on establishing a single digital gateway to provide information, procedures, assistance and problem solving services and amending Regulation (EU) No 1024/20121a . However, costly information challenges and difficulties complying with national procedures at a distance remain to date for service providers, namely for sector-related requirements. Cooperation between authorities in different Member States should in principle take place via the Internal Market Information System (IMI), an IT-platform offered for cross-border exchange of information and mutual assistance under that Directive. Despite the fact that authorities sometimes have doubts with regard to the legal establishment of a provider in another Member State, the possibilities for cooperation currently provided in IMI are not exploited to their full potential. Formalities associated with authorisations and notifications often require paper documents to be submitted and to be translated at a significant cost. Information regarding these obstacles is either not available online or is scarce, incomplete, dispersed and difficult to interpret in relation to the particular circumstances of a provider expanding across borders, as national rules often target purely domestic situations. Service providers often risk resubmitting information and documents.

Amendment 200 #

Proposal for a directive
Article 18 – paragraph 5

~~5. A~~ delegated act adopted pursuant to Article 12(4) and Article 13(7) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

Amendment 201 #

Proposal for a directive
Annex I – paragraph 1 – part 1

- Division 41 Construction of buildings Group 41.1 Development of building projects Group 41.2 Construction of residential and non-residential buildings Division 42 Civil engineering Group 42.1 Construction of roads and railways Group 42.2 Construction of utility projects Group 42.9 Construction of other civil engineering projects Division 43 Specialised construction activities Group 43.1 Demolition and site preparation Group 43.2 Electrical, plumbing and other construction installation activities, with the exclusion of installation, servicing, maintenance, repair or decommissioning by natural persons of equipment that contains fluorinated greenhouse gases listed in points (a) to (d) of Article 4(2) of Regulation (EU) 517/2014 Group 43.3 Building completion and finishing Group 43.9 Other specialised construction activitiesdeleted

Amendment 202 #

Proposal for a directive
Annex I – paragraph 1 – part 1 – paragraph 1

~~Division 41 Construction of buildings Group 41.1 Development of building projects Group 41.2 Construction of residential and non-residential buildings~~deleted

Amendment 203 #

Proposal for a directive
Annex I – paragraph 1 – part 1 – paragraph 2

~~Division 42 Civil engineering Group 42.1 Construction of roads and railways Group 42.2 Construction of utility projects Group 42.9 Construction of other civil engineering projects~~deleted

Amendment 204 #

Proposal for a directive
Annex I – paragraph 1 – part 1 – paragraph 3

Division 43 Specialised construction activities Group 43.1 Demolition and site preparation Group 43.2 Electrical, plumbing and other construction installation activities, with the exclusion of installation, servicing, maintenance, repair or decommissioning by natural persons of equipment that contains fluorinated greenhouse gases listed in points (a) to (d) of Article 4(2) of Regulation (EU) 517/2014 Group 43.3 Building completion and finishing Group 43.9 Other specialised construction activitiesdeleted

Amendment 21 #

Proposal for a directive
Recital 3 a (new)

(3a) It is desirable to clarify the link and relationship between the new paperless administrative procedures made available by the European services e-card and a certain number of existing tools, such as the one-stop shops established by the Services Directive and the Qualifications Directive, the European Professional Card established by the Qualifications Directive, and the Single Digital Gateway being negotiated under the Single Market Strategy;

Amendment 22 #

Proposal for a directive
Recital 4

(4) Requirements remain in place which can make expansion of service providers' operations across the internal market burdensome and unappealing, such as multiple and disparate authorisation schemes before different authorities, which, regarding establishment, fail to achieve mutual recognition of conditions previously complied with in other Member States or, regarding temporary cross-border provision of services sometimes apply disproportionate or unjustified restrictions. As a consequence, service providers can sometimes face multiple and disproportionate compliance costs when going cross-border.

Amendment 23 #

Proposal for a directive
Recital 5

(5) Cross-border trade and cross-border investment in certain business and ~~construction~~ services are particularly low showing a potential for better integration of services markets with significant negative repercussions for the remaining part of the economy. This underperformance leads to situations where the potential for more growth and jobs in the Single Market has not been fully exploited.

Amendment 24 #

Proposal for a directive
Recital 7

(7) In order to make it easier to take up and pursue service activities, this Directive builds upon Directive 2006/123/EC but does in no way amend its rules. The scope of this Directive is even more limited compared to the scope laid down in the Services Directive. It specifically targets business and ~~construction~~ service sectors, where many obstacles to cross-border activities still remain. In addition, cross- border trade and investment in ~~construction and~~ several business services are low and ~~both sectors~~ have seen weak productivity growth over the last decade.

Amendment 25 #

Proposal for a directive
Recital 12

(12) The main purpose of the European services e-card, which is designed to be voluntary, is to introduce a uniform and simplified procedure for service providers wishing to expand provision of services across internal market borders. The e-card represents an electronic certificate stating that a service provider is legally established in a Member State (the home Member State). Host Member States where a service provider is interested in expanding to should furthermore not apply, to holders of an e-card, their prior authorisation or notifications schemes put in place under national law to control access to or exercice of service activities, which is already the object of control before issue of a European services e- card.

Amendment 26 #

Proposal for a directive
Recital 12

(12) The main purpose of the European services e-card is to introduce a uniform and simplified procedure for service providers wishing to expand provision of services across internal market borders. The e-card represents an electronic certificate stating that a service provider is legally established in a Member State (the home Member State). Host Member States where a service provider is interested in expanding to ~~should furthermore not~~may apply, to holders of an e- card, their prior authorisation or notifications schemes put in place under national law to control access to or exercicse of service activities~~, which is already the object of control before issue of a European services e- card~~.

Amendment 27 #

Proposal for a directive
Recital 12

(12) The main purpose of the European services e-card is to introduce a voluntary, uniform and simplified procedure for service providers wishing to expand provision of services across internal market borders. The e-card represents an electronic certificate stating that a service provider is legally established in a Member State (the home Member State). ~~Host Member States where~~When a service provider is interested in expanding to ~~should furthermore~~another Member State (the host Member State), the coordinating authority of the latter should not apply, to any holders of an e-card~~, their~~ his prior authorisation or notifications schemes put in place under national law to control access to or exercicse of service activities, ~~which~~being ist already the object of control before issue of a European services e-card.

Amendment 28 #

Proposal for a directive
Recital 12

(12) The main purpose of the European services e-card is to introduce a uniform and simplified non-binding procedure for service providers wishing to expand provision of services across internal market borders. The e-card represents an electronic certificate stating that a service provider is legally established in a Member State (the home Member State). Host Member States where a service provider is interested in expanding to should furthermore not apply, to holders of an e- card, their prior authorisation or notifications schemes put in place under national law to control access to or exercicse of service activities, which is already the object of control before issue of a European services e-card.

Amendment 29 #

Michaela ŠOJDROVÁ, Dieter-Lebrecht KOCH

Proposal for a directive
Recital 17

(17) A European services e-card ~~provides several advantages. It~~ offers a proof of legal establishment in the home Member State. As long as a European services e-card remains valid, it should constitute a valid means of proof throughout the EU of legal establishment in the home Member State for the services covered by that e-card. Such proof should even be accepted in a domestic context, across all levels and administrative divisions of public administration. A valid European services e-card includes information which is often required in different contexts, such as controls applicable during or after the performance of services, the award of a public contract, a design contest or a concession, formation of subsidiaries or registration of branches under company law and registration of the service provider with mandatory social insurance schemes. Since that information is already available in a valid European services e-card, Member State authorities should not request this information from e- card holders for these other purposes.

Amendment 30 #

Proposal for a directive
Recital 17 a (new)

(17a) A European services e-card is a proof of compliance with all requirements that were condition for issuing a European services e-card according to national law of the Host Member State unless the contrary is proved. Failure of the holder of a European services e-card to comply with any of these requirements shall imply suspension or revocation of the European services e-card in question in accordance with Articles 15 to 17. Without prejudice to Articles 4 to 7, a European services e-card shall not constitute a proof of legal establishment in the host Member State and shall not per se entitle the services provider to pursue the activity in the Host Member State without fulfilling other legal requirements of the Host Member State falling outside the scope of the European services e-card procedure, in particular conditions relating to formation of subsidiaries or registration of branches under company law, registration of the service provider with mandatory social insurance schemes, requirements deriving from labour law and taxation.

Amendment 31 #

Proposal for a directive
Recital 18

(18) In addition, Member States should not be allowed to impose on holders of a European services e-card any service provision related authorisation or notification schemes prior to a service provision. Member States should not repeat, wholly or partially, controls previously performed in the context of issuing the European services e-card once provision of services has started in the host Member State. Authorisation or notification schemes such as those deriving from taxation, social security and labour law shall remain applicable as such matters are excluded from the scope of this Directive. Ex-post checks, inspections and investigations initiated by competent authorities should however remain admissible to control service performance, as under current EU Law. If such controls reveal ~~serious~~ breaches of requirements applicable in a host Member State, this cshould lead to the suspension or revocation of the European services e-card.

Amendment 32 #

Proposal for a directive
Recital 20

(20) In order to ~~concentrate actions and decisions within a Member State and~~ facilitate cooperation between different competent authorities in home and host Member States, ~~a coordinating authority in the home Member State and in the host Member State should ultimately be responsible for handling issues relat~~the concept of Points of Single Contact (PSCs) introduced toby the ~~European services e-card, thus coordinating the input from the different competent national authorities and acting as a contact point with its counterparts in other Member States~~Services Directive should be applied. The application for a European services e-card should thus be submitted ~~to the coordinating authority of the home Member Sta~~using the PSC system.

Amendment 33 #

Proposal for a directive
Recital 20

(20) In order to concentrate actions and decisions within a Member State and facilitate cooperation between different competent authorities in home and host Member States, a coordinating authority in the ~~home Member State and in the~~ host Member State should ultimately be responsible for handling issues related to the European services e-card, thus coordinating the input from the different competent national authorities and acting as a contact point with its counterparts in other Member States. The application for a European services e-card should thus be submitted to the coordinating authority of the home Member State.

Amendment 34 #

Proposal for a directive
Recital 21

(21) There are two types of European services e-cards offered to service providers: a simpler procedure for temporary cross-border provision of services into other Member States, essentially controlling their previous establishment in the home Member State and allowing a host Member State to object to temporary provision of cross-border services ~~only~~ due to overriding reasons of public interests, and a more complex one, framing the control by host Member States of an economic activity in their territory ~~for an indefinite period~~ through secondary establishment in the form of branches, agencies or offices, in order to ensure, in a simplified workflow, mutual recognition is performed properly and expeditiously.

Amendment 35 #

Proposal for a directive
Recital 24

(24) The coordinating authority of the home Member State should, upon receiving an application for a European services e-card, complete it and validate its contents in order to accurately demonstrate legal establishment of the provider in its home Member State and describe its circumstances in a manner conducive for host Member State's authorities to pursue their own controls. ~~While inaction on the part of the applicant should lead to a halt in the procedure, inaction on the part of the home Member State's authorities should give way to judicial redress.~~

Amendment 36 #

Proposal for a directive
Recital 24

(24) The coordinating authority of the home Member State should, upon receiving an application for a European services e-card, complete it and validate its contents in order to accurately demonstrate legal establishment of the provider in its home Member State and describe its circumstances in a manner conducive for host Member State's authorities to pursue their own controls. A mere letter box does not constitute an establishment. While inaction on the part of the applicant should lead to a halt in the procedure, inaction on the part of the home Member State's authorities should give way to judicial redress.

Amendment 37 #

Proposal for a directive
Recital 25

(25) In order to ensure uniform implementation of this Directive in relation to the technical aspects of handling and processing applications for European services e-cards, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council25. These implementing rules should determine the automatic cancellation of an application for a European services e-card if the respective procedure is suspended for a considerable lapse of time due to inaction on the part of the applicant. __________________ 25Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).deleted

Amendment 38 #

Proposal for a directive
Recital 27

Amendment 39 #

Proposal for a directive
Recital 28 a (new)

(28a) In the assessment of an application for an European services e- card, as specified in articles 12 and 13, the host Member State shall not duplicate requirements and controls which are equivalent or essentially comparable, as regards their purpose, to which the service provider is already subject in the home Member State.

Amendment 40 #

Proposal for a directive
Recital 29

(29) For provision of temporary cross- border services, given that Article 16 of Directive 2006/123/EC admits requirements for the generality of services covered by this Directive, host Member States ~~should be allowed to object to the issue of a European services e-card by the home Member State in those cases where~~and subsidiary administrative units should be allowed, always respecting the proportionality principle, to object to the issue of a European services e-card by the home Member State in those cases where certain (regulated) professions are affected for reasons associated with the public interest (e.g. for health or consumer protection reasons). Furthermore, objections should be permissible whenever the circumstances of the applicant give rise to genuine and sufficiently serious threats to public interests related to public policy, public security, public health or the protection of the environment, in a manner which cannot be suitably and sufficiently addressed by requirements and controls applicable once service provision starts. This should be the case when a prior authorisation scheme or prior notification for temporary provision of the services in question is in place, justified in proportionate terms under one of those four overriding reasons of public interest safeguarded under Article 16 of Directive 2006/123/EC and when the conditions met by the applicant in its home Member State cannot be considered equivalent to the ones required in the host Member State for the granting of that prior authorisation. The possibilities and prerrogatives of host Member States under Article 16 of Directive 2006/123/EC apply in the context of issuing a European services e-card.

Amendment 41 #

Proposal for a directive
Recital 29

(29) For provision of temporary cross- border services, given that Article 16 of Directive 2006/123/EC admits requirements for the generality of services covered by this Directive, host Member States should be allowed to object to the issue of a European services e-card by the home Member State in those cases where the circumstances of the applicant give rise to genuine and sufficiently serious threats to public interests related to public policy, public security, public health or the protection of the environment~~, in a manner which cannot be suitably and sufficiently addressed by requirements and controls applicable once service provision starts~~. This should be the case when a prior authorisation scheme or prior notification for temporary provision of the services in question is in place, justified in proportionate terms under one of those four overriding reasons of public interest safeguarded under Article 16 of Directive 2006/123/EC and when the conditions met by the applicant in its home Member State cannot be considered equivalent to the ones required in the host Member State for the granting of that prior authorisation. The possibilities and prerrogatives of host Member States under Article 16 of Directive 2006/123/EC apply in the context of issuing a European services e-card.

Amendment 42 #

Proposal for a directive
Recital 32

(32) Equivalence between requirements of a host Member State and those requirements of the home Member State the applicant has already complied should be an integral part of this assessment. The host Member State shall determine the equivalence between requirements. In order to facilitate the assessment of the equivalence of requirements in home and host Member States, where the authority of the host Member State declares its intention to refuse an e-card for establishment, the applicant should have a renewed possibility to prove that it meets the conditions laid down in the prior authorisation or prior notification on the basis of which the authorities of the host Member States base their intention to refuse the e-card~~, including through requirements to which the applicant is subject in the home Member State and which they deem to be equivalent~~. The possibilities for the Member States and/or subsidiary administrative units to regulate services and certain (regulated) professions for reasons of public interest (e.g. for health or consumer protection reasons) and in compliance with the proportionality principle must not be restricted.

Amendment 43 #

Proposal for a directive
Recital 33

(33) Host Member States ~~should b~~are allowed to request clarifications or additional information from the home Member State before the issue of a European services e- card, essentially relevant for the assessment of whether there is a justified and proportionate need to object to temporary provision of services by the applicant in its territory or, for establishment, to assess just how many of its regulatory concerns are already suitably addressed by compliance of the applicant with home Member State's requirements. Over time, it is expected that Member States will gain a better knowledge of their respective regulatory frameworks in the sectors covered by the e-card that should lead to enhanced mutual trust and thus allow for a more expedient assessment to the benefit of applicants.

Amendment 44 #

Proposal for a directive
Recital 33

(33) Host Member States should be allowed to request clarifications or additional information from the home Member State before the issue of a European services e-card, ~~essentially~~ relevant for the assessment of whether there is a justified and proportionate need to object to temporary provision of services by the applicant in its territory or, for establishment, to assess just how many of its regulatory concerns are already suitably addressed by compliance of the applicant with home Member State's requirements. Over time, it is expected that Member States will gain a better knowledge of their respective regulatory frameworks in the sectors covered by the e-card that should lead to enhanced mutual trust and thus allow for a more expedient assessment to the benefit of applicants.

Amendment 45 #

Proposal for a directive
Recital 35

Amendment 46 #

Proposal for a directive
Recital 35

(35) The host Member State should no longer control whether the applicant for a European services e-card is legally established in another Member State. Nor should it put into question the veracity and validity of the data and documents included in an application, once validated by the coordinating authority of the home Member State. Conversely, the coordinating authority of the home Member State should not assess whether it issues a European services e- card for temporary cross-border provisions of services based on compliance by the provider of host Member State requirements, rather it should only assess of whether the applicant is legally established in its territory for the provision of the service in question at the time the decision to issue is made. The host Member State should have the opportunity to check whether the applicant for a European services e-card is legally established in another Member State, in case of reasonable suspicion of abuse. In the same manner, the member state should be able to put into question the veracity and validity of the data and documents included in an application, even after validation by the coordinating authority of the home Member State, in case of reasonable suspicion of abuse.

Amendment 47 #

Proposal for a directive
Recital 35

Amendment 48 #

Proposal for a directive
Recital 36

(36) Relevant actions and decisions of the coordinating authorities involved in the procedure for issuing the European services e-card, in the host as well as in the home Member State should be subject to judicial remedies in accordance with national law. ~~This should include appropriate remedies in the event of failure to act of the coordinating authority in the home Member State in accordance with the procedure to issue the e-card.~~

Amendment 49 #

Proposal for a directive
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 ofThe possible extension by the host Member State of the time limits it has set for issuing a European services e-card should ensure that it has the appropriate time and means to consider applications for a European services e-card.

Amendment 50 #

Proposal for a directive
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~~four 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 of a European services e-card.~~

Amendment 51 #

Proposal for a directive
Recital 37 a (new)

(37a) The European services e-card should not serve to call into question the powers of scrutiny of the competent authorities, which are the only party capable of assessing compliance with national requirements.

Amendment 52 #

Proposal for a directive
Recital 38

(38) Service providers should not be required to provide information and documents which are already in the possession of other authorities in the home Member State, irrespective of administrative levels or divisions. It should also be the case when interconnection of national registers (e.g. central, commercial and companies' registers as required by Directive 2009/101/EC or insolvency registers under Regulation (EU) 2015/848 of the European Parliament and of the Council28) allows for information and documents to be retrieved by the administration of the home Member State from other Member States. In all instances when personal data are processed under this Directive, rules on protection of personal data of Directive 95/46/EC of the European Parliament and of the Council29 [, Regulation (EU) 2016/679 of the European Parliament and of the Council30] and national legislation should be observed. __________________ 28Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings (OJ L 141, 5.6.2016, p.19). 29Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ L 281 , 23.11.1995, p. 31). 30Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).deleted

Amendment 53 #

Proposal for a directive
Recital 39

(39) A service provider should be allowed to apply for a European services e- card in the home Member State and have that application assessed and ultimately approved by the host Member State regarding the applicable conditions to provide services through a branch in the territory of that host Member State before that applicant is required to apply for registration of the future branch in that same host Member State. Thus, the applicant will be certain of the applicable sector-specific conditions and ultimately that it complies with them in a manner satisfactory to the host Member State before spending time and resources on requesting the registration of a branch in that host Member State for company law purposes. At the same time, the applicant will need to comply with national rules on registration of branches under company law to provide services through such a branch in compliance with EU law.

Amendment 54 #

Proposal for a directive
Recital 40

(40) A European services e-card should allow for provision of services throughout the territory of the host Member State. A service provider, once established in a Member State in the form of a branch, agency or office, should not, in principle, need to apply for another e-card in order to expand provision of services already covered by the existing e-card domestically through additional branches, agencies or offices there, as the case may be. ~~However, as Directive 2006/123/EC expressly provides for, authorisations for each individual branch, agency or office may be justified by overriding reasons of public interest. In that case, s~~Service providers should continue to have the choice of expanding operations domestically by obtaining those authorisations under national law or applying for additional European services e-cards, for each additional branch, agency of office, as the case may be.

Amendment 55 #

Proposal for a directive
Recital 40

(40) A European services e-card should allow for provision of services throughout the territory of the host Member State. A service provider, once established in a Member State in the form of a branch, agency or office, should not, in principle, need to apply for another e-card in order to expand provision of services already covered by the existing e-card domestically through additional branches, agencies or offices there, as the case may be. However, as long as there are no divergent regulations issued by subsidiary administrative units. If there are such regulations, the service provider must fulfil and show that it has fulfilled additional requirements when expanding its activities in these areas. Furthermore, as Directive 2006/123/EC expressly provides for, authorisations for each individual branch, agency or office may be justified by overriding reasons of public interest. In that case, service providers should continue to have the choice of expanding operations domestically by obtaining those authorisations under national law or applying for additional European services e-cards, for each additional branch, agency of office, as the case may be.

Amendment 56 #

Proposal for a directive
Recital 41

(41) This Directive should not interfere with the division of regional or local competences within the Member States, including regional and local self- government. This notwithstanding, administrative cooperation between different national authorities within strict time-limits may be necessary in order to meet the obligations laid down in the Directive. In order to help Member States meet their obligations and considering the decentralised structure of many of them, IMI could also be used as a tool for the effective exchange of information and mutual assistance between competent authorities within a certain Member State, without prejudice to other solutions put in place by Member States.deleted

Amendment 57 #

Proposal for a directive
Recital 41

(41) This Directive should not interfere with the division of regional or local competences within the Member States, including regional and local self- government. ~~This notwithstanding, administrative cooperation between different national authorities within strict time-limits may be necessary in order to meet the obligations laid down in the Directive.~~ In order to help Member States meet their obligations and considering the decentralised structure of many of them, IMI could also be used as a tool for the effective exchange of information and mutual assistance between competent authorities within a certain Member State, without prejudice to other solutions put in place by Member States.

Amendment 58 #

Proposal for a directive
Recital 42

(42) A European services e-card should be valid for ~~an indefinite period in~~24 months and renewed automatically for the same period an indefinite number of times, without prejudice to, in relation to temporary cross- border services, the effects of case-by-case derogations in accordance with Directive 2006/123/EC. The renewal process should include a check of the validity of information relating to the service provider

Amendment 59 #

Proposal for a directive
Recital 42

(42) A European services e-card should be valid for ~~an indefinite period in tim~~24 month after receiving and its term is automatically prolonged in case if there are no reasoned and objective objections from a host Member State, 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 60 #

Proposal for a directive
Recital 42

(42) A European services e-card should be valid for a~~n indefin~~ limited period in time and be updated regularly by professionals, 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 61 #

Proposal for a directive
Recital 42

(42) A European services e-card should be valid for a~~n indefinite period in time~~ period of 18 months and must be subject to checks and inspections every 3 months by the host Member State's authorities, 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 62 #

Proposal for a directive
Recital 42

(42) A European services e-card should be valid for a~~n indefinite period in time~~ two year period, 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 63 #

Proposal for a directive
Recital 42

(42) A European services e-card should be valid for ~~an indefinite period in time~~five years, 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 64 #

Proposal for a directive
Recital 42

(42) A European services e-card should be valid for ~~an indefinite period in time~~24 months, 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 65 #

Proposal for a directive
Recital 43

Amendment 66 #

Proposal for a directive
Recital 43

(43) A European services e-card should however be suspended by the issuing coordinating authority if, temporarily, the service provider is banned from providing the services in question. The suspension should last as long as the ban is in place. A European services e-card should be revoked by the issuing coordinating authority if the conditions for issuing it or for it to remain valid, as a testament of legality of service provision in the host Member State, are no longer met. A final decision establishing that an e-card holder misrepresented him or herself as a service provider and that, under national law of either home or host Member State he or she is considered to be a worker, should lead to the revocation of the European services e-cards in question. Similarly, cases of fraudulent, inaccurate or falsified information or documents used in the context of issuing a European services e- card should impact the validity of the e- card. In order to prevent the existence of inaccurate or fraudulent information, the service provider should be obliged to update the information on the card regularly. Providing false information on the e-card should be subject to a fine established by the Member States.

Amendment 67 #

Proposal for a directive
Recital 43

(43) A European services e-card should however be suspended by the issuing coordinating authority if, temporarily, the service provider is banned from providing the services in question. The suspension should last as long as the ban is in place. A European services e-card should be revoked by the issuing coordinating authority if the conditions for issuing it or for it to remain valid, as a testament of legality of service provision in the host Member State, are no longer met. A final decision establishing that an e-card holder misrepresented him or herself as a service provider and that, under national law of either home or host Member State he or she is considered to be a worker, should lead to the revocation of the European services e-cards in question. Similarly, cases of fraudulent, inaccurate or falsified information or documents used in the context of issuing a European services e- card should ~~impact the validity of th~~stop the validity of e-card till the moment all inaccurate information is updated. Providing the wilful false information on the e-card should be a subject for a fine and ending the validity period of service e- card.

Amendment 68 #

Proposal for a directive
Recital 43

(43) A European services e-card should however be suspended by the issuing coordinating authority if, temporarily, the service provider is banned from providing the services in question. The suspension should last as long as the ban is in place. A European services e-card should be revoked by the issuing coordinating authority if the conditions for issuing it or for it to remain valid, as a testament of legality of service provision in the host Member State, are no longer met. A final decision establishing that an e-card holder misrepresented him or herself as a service provider and that, under national law of either home or host Member State he or she is considered to be a worker, should lead to the revocation of the European services e-cards in question. Similarly, cases of fraudulent, inaccurate or falsified information or documents used in the context of issuing a European services e- card should impact the validity of the e- card. In cases of fraud and falsified information, Member States shall put in place effective, proportionate and dissuasive sanctions.

Amendment 69 #

Proposal for a directive
Recital 43

(43) A European services e-card should however be suspended by the issuing coordinating authority if, temporarily, the service provider is banned from providing the services in question. The suspension should last as long as the ban is in place. A European services e-card should be revoked by the issuing coordinating authority if the conditions for issuing it or for it to remain valid, as a testament of legality of service provision in the host Member State, are no longer met. A final decision establishing that an e-card holder misrepresented him or herself as a service provider and that, under national law of either home or host Member State he or she is considered to be a worker, should lead to the revocation of the European services e-cards in question. Similarly, cases of fraudulent, inaccurate or falsified information or documents used in the context of issuing a European services e- card should ~~impact the validity~~result in the suspension or revocation of the e- card.

Amendment 70 #

Proposal for a directive
Article 2 – paragraph 2 – subparagraph 2 a (new)

This directive shall not apply to the area covered by the Professional Qualifications Directive (2005/36/EC).

Amendment 71 #

Michaela ŠOJDROVÁ, Dieter-Lebrecht KOCH

Proposal for a directive
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. This Directive shall be without prejudice to the different labour market models of the Member States, including labour markets regulated by collective agreements.

Amendment 72 #

Proposal for a directive
Article 3 – paragraph 1 – point 1 a (new)

1a. 'European services e-card’ means an electronic certificate, resulting from a harmonised procedure, proving that its holder is a service provider legally established in the home Member State, entitled, in that territory, to provide the service activities in question, as well as stipulating the right of its holder to start provision of the services in question in the host Member State, without establishing there or through a branch, agency or office located therein, as the case may be, and to continue such provision, for as long as it remains valid;

Amendment 73 #

Proposal for a directive
Article 3 – paragraph 1 – point 4

4. "‘coordinating authority"’ means an authority ~~designat~~conferred, in accordance with Article 17 of Regulation ….. [ESC Regulation]…., on an existing state body without the need to create a new authority, in order to achieve savings in the EU budget;

Amendment 74 #

Proposal for a directive
Article 4 – paragraph 1

Member States shall accept a valid European services e-card as proof that its holder is established in the territory of his home Member State and is entitled, in that territory, to provide the service activities covered by the e-card. In cases where there are divergent requirements on the part of subsidiary administrative units, the proof shall relate only to areas in which the service provider fulfils the requirements. These regulation / registration requirements are set down in the Professional Qualifications Directive.

Amendment 75 #

Proposal for a directive
Article 4 a (new)

Article 4a Voluntary nature of the European services e-card Member States shall not require service providers to request or hold a European services e-card, except in case a service provider has freely opted to apply for the European services e-card, or the European services e-card has been issued to a service provider and the service provider makes use of the European services e-card in accordance with Article 5. A service provider that does not opt to apply for a European services e-card, or that has had the application for a European services e-card rejected or that holds no longer a valid European services e-card, may nevertheless provide services in accordance with Directive 2006/123/EC.

Amendment 76 #

Proposal for a directive
Article 5

~~[...]~~deleted

Amendment 77 #

Proposal for a directive
Article 5

Effects of a European services e-card in 1. impose any prior authorisation scheme, prior notification scheme or an establishment requirement on the holder of a previously issued European services e-card for temporary cross-border provision of services as a condition for such provision of services in its territory. 2. impose any prior authorisation scheme or prior notification scheme on the holder of a previously issued European services e- card for establishment as a condition for establishment in its territory through a branch, agency or office located in its territory. 3. from imposing on holders of a previously issued European services e-card requirements other than those referred to Article 5 deleted the host Member State A host Member State shall not A host Member State shall not A host Member State shall refrain pParagraphs 1 and 2 the compliance of which has been or is deemed to have been verified under Articles 11 to 13. 4. prejudice to: (i) in the context of selection procedures of candidates for authorisation schemes limited in number in accordance with EU law; (ii) obligations, prohibitions, conditions or limits imposed on providers in the context of selection procedures of candidates for the provision of services under a public contract, a design contest or a concession; (iii) authorisation schemes, notification schemes or requirements concerning conditions specifically related to the site where the service is provided or to the site where the provider is established; (iv) recognition of professional qualifications as provided for by Articles 4 and 4f of Directive 2005/36/EC; (v) for by Article 2 of Directive 2009/101/EC and Article 2 of Directive 89/666/EEC or obligations, prohibitions, conditions or limits imposed by national rules on registration of branches of companies registered in another Member State under company law. 5. Paragraphs 1, 2 and 3 are without prejudice to reporting obligations imposed on the holder of a European services e- card or the performance of checks, inspections or investigations from competent authorities during the provision of the service, in compliance with EU law., 2 and 3 are without requirements imposed on providers requirements and other requirements regarding disclosure obligations as provided

Amendment 78 #

Proposal for a directive
Article 5 – paragraph 1

1. A host Member State ~~shall not~~may impose any prior authorisation scheme, prior notification scheme or an establishment requirement on the holder of a previously issued European services e- card for temporary cross-border provision of services as a condition for such provision of services in its territory.

Amendment 79 #

Proposal for a directive
Article 5 – paragraph 1

Amendment 80 #

Proposal for a directive
Article 5 – paragraph 1

1. A host Member State shall not impose any prior authorisation scheme, prior notification scheme or an establishment requirement on the holder of a ~~previously issued~~ European services e- card for temporary cross-border provision of services as a condition for such provision of services in its territory.

Amendment 81 #

Proposal for a directive
Article 5 – paragraph 2

2. A host Member State shall not impose any prior authorisation scheme or prior notification scheme on the holder of a previously issued European services e-card for establishment as a condition for establishment in its territory through a branch, agency or office located in its territory. Regulation / registration requirements permitted under the Professional Qualifications Directive shall be exempt from this.

Amendment 82 #

Proposal for a directive
Article 5 – paragraph 2

2. A host Member State ~~shall not~~may impose any prior authorisation scheme or prior notification scheme on the holder of a previously issued European services e-card for establishment as a condition for establishment in its territory through a branch, agency or office located in its territory.

Amendment 83 #

Proposal for a directive
Article 5 – paragraph 2

Amendment 84 #

Proposal for a directive
Article 5 – paragraph 2

2. A host Member State shall not impose any prior authorisation scheme or prior notification scheme on the holder of a ~~previously issued~~ European services e-card for establishment as a condition for establishment in its territory through a branch, agency or office located in its territory.

Amendment 85 #

Proposal for a directive
Article 5 – paragraph 3

Amendment 86 #

Proposal for a directive
Article 5 – paragraph 3

Amendment 87 #

Proposal for a directive
Article 5 – paragraph 3

3. A host Member State shall refrain from imposing on holders of a ~~previously issued~~ European services e-card requirements other than those referred to in paragraphs 1 and 2 the compliance of which has been or is deemed to have been verified under Articles 11 to 13.

Amendment 88 #

Proposal for a directive
Article 5 – paragraph 4 – point i v

(iv) requirements regarding recognition of professional qualifications as provided for by ~~Articles 4 and 4f of~~ Directive 2005/36/EC;

Amendment 89 #

Proposal for a directive
Article 5 – paragraph 4 – point v a (new)

(va) any requirements regarding measures relating to posted workers in accordance with Article 9 of Directive 2014/67/EU.

Amendment 90 #

Proposal for a directive
Article 5 – paragraph 4 – point v a (new)

(va) any requirements regarding measures relating to posted workers in accordance with the Article 9 of Directive 2014/67/EU.

Amendment 91 #

Proposal for a directive
Article 5 – paragraph 4 a (new)

4a. Paragraphs 1, 2 and 3 shall apply without prejudice to the prior notification system established by implementing Directive 2014/67/EU for the posting of workers.

Amendment 92 #

Proposal for a directive
Article 5 – paragraph 5 a (new)

5a. This article shall not affect the control measures related to posted workers laid down in Directive 2016/67/EU or prevent host Member States from applying its national law and practice - including those laid down in collective agreements - on employment and working conditions.

Amendment 93 #

Proposal for a directive
Article 5 – paragraph 5 a (new)

5a. Before issuing the e-card, the competent authority shall undertake the inspections and checks statutorily stipulated at national or, secondarily, regional level.

Amendment 94 #

Proposal for a directive
Article 5 – paragraph 5 b (new)

5b. The host Member State can determine the length of validity of the e- card.

Amendment 95 #

Proposal for a directive
Article 7 – paragraph 1 – subparagraph 1

A European services e-card for temporary cross-border provision of services concerned by that e-card shall be valid throughout the territory of the host Member State, as long as there are no divergent regulations issued by subsidiary administrative units. If there are such regulations, the service provider must fulfil and show that it has fulfilled additional requirements when expanding its activities in these areas.

Amendment 96 #

Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1

A European services e-card shall be valid for ~~an indefinite duration~~24 months, and shall be automatically renewable an indefinite number of times, unless suspended, revoked or cancelled, in accordance with Articles 15 to 17. The renewal process shall be launched by the coordinating authority concerned and shall include a check of the validity of the information relating to the service provider. The service provider shall provide updated information if requested to do so by the coordinating authority concerned. The coordinating authority shall carry out checks and inspections, if necessary, in order to ascertain the occurrence of any event that may result in the suspension or revocation of the European services e-card pursuant to Article 15 or 16.

Amendment 97 #

Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1

A European services e-card shall be valid for ~~an indefinite duration, unles~~24 month from the issuing moment and is prolonged automatically for the same term in case there are no reasoned and objective objections from a host Member State. The validity of services e- card can be ended any moment in case it’s suspended, revoked or cancelled, in accordance with Articles 15 to 17.

Amendment 98 #

Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1

A European services e-card shall be valid for a~~n indefinite duration~~ period of five years, unless suspended, revoked or cancelled, in accordance with Articles 15 to 17. A new inspection by the competent authorities shall be conducted upon expiry of the validity period and before the e-card is extended.

Amendment 99 #

Markus FERBER, Markus PIEPER, Sven SCHULZE

Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1

A European services e-card shall be valid for a~~n indefinite duration, unless~~ limited period and be updated regularly by professionals. It may also be suspended, revoked or cancelled, in accordance with Articles 15 to 17.

source: 612.183

2017/10/30 ECON 120 amendments...

Amendment 1 #

Proposal for a directive
–

The Committee on Economic and Monetary Affairs calls on the Committee on the Internal Market and Consumer Protection, as the committee responsible, to propose rejection of the Commission proposal for a directive of the European Parliament and of the Council on the legal and operational framework of the European services e-card introduced by Regulation [2016/0403(COD)].

Amendment 10 #

Olle LUDVIGSSON, Pervenche BERÈS

Proposal for a directive
Recital 7

Amendment 100 #

Proposal for a directive
Article 13 – paragraph 10 – subparagraph 1

Amendment 101 #

Proposal for a directive
Article 13 – paragraph 10 – subparagraph 2

~~Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 19(2).~~deleted

Amendment 102 #

Proposal for a directive
Article 14 – paragraph 1

Amendment 103 #

Proposal for a directive
Article 15 – paragraph 2 – point iii

(iii) is subject to a final decision, in compliance with Article 4(5) of Directive 2014/67/EC, not subject to appeal under national law, by the host Member State that it considers the holder does not meet one or more conditions applicable for temporary cross- border provision as prescribed by the first subparagraph of Article 11(1), the compliance of which, under the national law of the host Member State, is essential to continued legal provision of the services in question in its territory;

Amendment 104 #

Proposal for a directive
Article 15 – paragraph 2 – point iv

(iv) is subject to a final decision, in compliance with Article 4(5) of Directive 2014/67/EC, not subject to appeal under national law, by the host Member State that it considers the holder does not meet one or more conditions imposed in the context of a prior authorisation or prior notification scheme applicable for establishment as prescribed by the first subparagraph of Article 12(1), the compliance of which, under the national law of the host Member State, is essential to continued legal provision of the services in question in its territory.

Amendment 105 #

Proposal for a directive
Article 17 – paragraph 4 – point b

(b) permanent or temporary cessation of activities covered by the European services e-card in the territory of the home Member State;

Amendment 106 #

Proposal for a directive
Article 17 – paragraph 4 – point e

Amendment 107 #

Proposal for a directive
Article 17 – paragraph 4 – point f a (new)

(fa) Member States may, in line with Directive 2006/123/EC, lay down rules on the measures applicable if a holder of a European services e-card fails to inform the coordinating authority of the conditions outlined in this paragraph. Any measures provided for shall be effective, proportionate and dissuasive.

Amendment 108 #

Proposal for a directive
Article 17 – paragraph 5 – subparagraph 1

Coordinating authorities shall exchange information on their own initiative and give assistance to other coordinating authorities in relation to events that have come to their knowledge which may determine a suspension or revocation of the European services e-card in question or the need to otherwise update its content. Coordinating authorities and competent authorities of the host Member State may, at any time, request via IMI that competent authorities of the home Member State verify the information contained in the European services e-card of a provider the assessment of which is the responsibility of that Member State.

Amendment 109 #

Proposal for a directive
Article 17 – paragraph 5 – subparagraph 1

Amendment 11 #

Proposal for a directive
Recital 7

(7) In order to make it easier to take up and pursue service activities, this Directive builds upon Directive 2006/123/EC but does in no way amend its rules. The scope of this Directive is even more limited compared to the scope laid down in the Services Directive. It specifically targets business and ~~construction~~ service sectors, where many obstacles to cross-border activities still remain. In addition, cross- border trade and investment in ~~construction and~~ several business services are low and ~~both sectors~~ have seen weak productivity growth over the last decade.

Amendment 110 #

Proposal for a directive
Article 18 – paragraph 1

1. The power to adopt ~~delegated~~implementing acts is conferred on the Commission subject to the conditions laid down in this Article.

Amendment 111 #

Proposal for a directive
Article 18 – paragraph 2

2. The power to adopt ~~delegated~~implementing acts referred to in Article 12(4) and Article 13(7) shall be conferred on the Commission for a period of five years from […]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

Amendment 112 #

Proposal for a directive
Article 18 – paragraph 2

Amendment 113 #

Proposal for a directive
Article 18 – paragraph 4

4. As soon as it adopts a ~~delegated~~n implementing act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

Amendment 114 #

Proposal for a directive
Article 18 – paragraph 5

5. A ~~delegated~~n implementing act adopted pursuant to Article 12(4) and Article 13(7) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

Amendment 115 #

Olle LUDVIGSSON, Pervenche BERÈS

Proposal for a directive
Annex I – paragraph 1 – part 1

Amendment 116 #

Proposal for a directive
Annex I – paragraph 1 – part 1

Amendment 117 #

Proposal for a directive
Annex I – paragraph 1 – part 1

Amendment 118 #

Proposal for a directive
Annex I – paragraph 1 – part 4 – paragraph 6 – subparagraph 3 – indent 1 (new)

- Group 82.4. registration of a branch, agency, office

Amendment 119 #

Proposal for a directive
Annex I – paragraph 1 – part 4 – paragraph 6 – subparagraph 3 – indent 2 (new)

- 82.5 VAT registration

Amendment 12 #

Proposal for a directive
Recital 17

Amendment 120 #

Proposal for a directive
Annex I – paragraph 1 – part 4 – paragraph 6 – subparagraph 3 – indent 3 (new)

- 82.6 registration for social security purposes

Amendment 13 #

Proposal for a directive
Recital 17

(17) A European services e-card provides several advantages. It offers a proof of legal establishment in the home Member State. As long as a European services e-card remains valid, it should constitute a valid means of proof throughout the EU of legal establishment in the home Member State for the services covered by that e-card. Such proof should even be accepted in a domestic context, across all levels and administrative divisions of public administration. A valid European services e-card includes information which is often required in different contexts, such as controls applicable during or after the performance of services, the award of a public contract, a design contest or a concession, formation of subsidiaries or registration of branches under company law and registration of the service provider with mandatory social insurance schemes. Since that information is already available in a valid European services e-card, Member State authorities should not request this information from e- card holders for these other purposes.Does not affect the English version.)

Amendment 14 #

Proposal for a directive
Recital 18

(18) In addition, Member States should not be allowed to impose on holders of a European services e-card any service provision related authorisation or notification schemes prior to a service provision. Member States should not repeat, wholly or partially, controls previously performed in the context of issuing the European services e-card once provision of services has started in the host Member State. Authorisation or notification schemes such as those deriving from taxation, social security and labour law shall remain applicable as such matters are excluded from the scope of this Directive. Ex-post checks, inspections and investigations initiated by competent authorities should however remain admissible to control service performance, as under current EU Law. If such controls reveal ~~serious~~ breaches of requirements applicable in a host Member State, this cshould lead to the suspension or revocation of the European services e-card.

Amendment 15 #

Proposal for a directive
Recital 21

(21) There are two types of European services e-cards offered to service providers: a simpler procedure for temporary cross-border provision of services into other Member States, essentially controlling their previous establishment in the home Member State and allowing a host Member State to object to temporary provision of cross-border services only due to overriding reasons of public interests, and a more complex one, framing the control by host Member States of an economic activity in their territory for an indefinite period through secondary establishment in the form of branches, agencies or offices, as long as they justify minimum economic substance, in order to ensure, in a simplified workflow, mutual recognition is performed properly and expeditiously.

Amendment 16 #

Proposal for a directive
Recital 21

(21) There are two types of European services e-cards offered to service providers: a simpler procedure for temporary cross-border provision of services into other Member States, essentially controlling their previous establishment in the home Member State and allowing a host Member State to object to temporary provision of cross-border services ~~only~~ due to overriding reasons of public interests, and a more complex one, framing the control by host Member States of an economic activity in their territory for ~~an indefinite period~~four years through secondary establishment in the form of branches, agencies or offices, in order to ensure, in a simplified workflow, mutual recognition is performed properly and expeditiously.

Amendment 17 #

Proposal for a directive
Recital 23

(23) The European services e-card for secondary establishment should allow for provision of services in the host Member State through branches, agencies but also any form of office located in its territory. Branches, agencies or offices should be able to justify minimum economic substance, i.e. the existence of human and physical resources specific to the entity, its management autonomy, its legal reality and, where appropriate, the nature of its assets to avoid letter-box companies and tax avoidance. However, for the purposes of the European services e-card, secondary establishment should not include provision of services in the host Member State through subsidiaries of companies established in the home Member State. The fact that a subsidiary is a separate legal entity requires more complex controls than those pertaining to provision of services through a branch, agency or office without separate legal personality. The European services e-card procedure is not suited to cover those complex controls.

Amendment 18 #

Proposal for a directive
Recital 24

Amendment 19 #

Proposal for a directive
Recital 24

Amendment 2 #

Pervenche BERÈS

Proposal for a directive
–

The Committee on Economic and Monetary Affairs calls on the Committee on Internal Market and Consumer Protection, as the committee responsible, to propose rejection of the Commission proposal.

Amendment 20 #

Proposal for a directive
Recital 29

(29) For provision of temporary cross- border services, given that Article 16 of Directive 2006/123/EC admits requirements for the generality of services covered by this Directive, host Member States should be allowed to object to the issue of a European services e-card by the home Member State in those cases where the circumstances of the applicant give rise to genuine and sufficiently serious threats to public interests related to public policy, public security, public health or the protection of the environment~~, in a manner which cannot be suitably and sufficiently addressed by requirements and controls applicable once service provision starts~~. This should be the case when a prior authorisation scheme or prior notification for temporary provision of the services in question is in place, justified in proportionate terms under one of those four overriding reasons of public interest safeguarded under Article 16 of Directive 2006/123/EC and when the conditions met by the applicant in its home Member State cannot be considered equivalent to the ones required in the host Member State for the granting of that prior authorisation. The possibilities and prerogatives of host Member States under Article 16 of Directive 2006/123/EC apply in the context of issuing a European services e-card.

Amendment 21 #

Proposal for a directive
Recital 33

Amendment 22 #

Proposal for a directive
Recital 35

Amendment 23 #

Proposal for a directive
Recital 36

Amendment 24 #

Proposal for a directive
Recital 37

Amendment 25 #

Proposal for a directive
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 ofThe possible extension by the host Member State of the time limits it has set for issuing a European services e-card should ensure that it has the appropriate time and means to consider applications for a European services e-card.

Amendment 26 #

Proposal for a directive
Recital 37

Amendment 27 #

Proposal for a directive
Recital 37 a (new)

Amendment 28 #

Proposal for a directive
Recital 38

(38) Service providers should not be required to provide information and documents which are already in the possession of other authorities in the home Member State, irrespective of administrative levels or divisions. It should also be the case when interconnection of national registers (e.g. central, commercial and companies' registers as required by Directive 2009/101/EC or insolvency registers under Regulation (EU) 2015/848 of the European Parliament and of the Council28 ) allows for information and documents to be retrieved by the administration of the home Member State from other Member States. In all instances when personal data are processed under this Directive, rules on protection of personal data of Directive 95/46/EC of the European Parliament and of the Council29 [, Regulation (EU) 2016/679 of the European Parliament and of the Council30 ] and national legislation should be observed. __________________ 28Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings (OJ L 141, 5.6.2016, p.19). 29Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ L 281 , 23.11.1995, p. 31). 30Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).deleted

Amendment 29 #

Proposal for a directive
Recital 41

Amendment 3 #

Michel REIMON

Proposal for a directive
Title 1

Amendment 30 #

Proposal for a directive
Recital 42

Amendment 31 #

Proposal for a directive
Recital 42

Amendment 32 #

Proposal for a directive
Recital 42

Amendment 33 #

Proposal for a directive
Recital 42

(42) A European services e-card should be valid for a~~n indefinite period in time,~~ two year period, 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 34 #

Proposal for a directive
Recital 43

(43) A European services e-card should however be suspended by the issuing coordinating authority if, temporarily, the service provider is banned from providing the services in question. The suspension should last as long as the ban is in place. A European services e-card should be revoked by the issuing coordinating authority if the conditions for issuing it or for it to remain valid, as a testament of legality of service provision in the host Member State, are no longer met. A final decision establishing that an e-card holder misrepresented him or herself as a service provider and that, under national law of either home or host Member State he or she is considered to be a worker, should lead to the revocation of the European services e-cards in question. Similarly, cases of fraudulent, inaccurate or falsified information or documents used in the context of issuing a European services e- card should ~~impact the validity~~result in the suspension or revocation of the e- card.

Amendment 35 #

Proposal for a directive
Article 2 – paragraph 1

1. This Directive means any self- employed economic activity, normally provided for remuneration, as referred to in Article 50 of the Treaty and only applies to the services listed in the Annex.

Amendment 36 #

Proposal for a directive
Article 2 – paragraph 3 – subparagraph 2

This Directive shall be without prejudice to the fundamental rights of workers, including trade union rights and 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. This directive shall not in any way affect a Member State’s right to assess if a company is considered to be established in its territory.

Amendment 37 #

Proposal for a directive
Article 3 – paragraph 1 – point 1

1. "home Member State" means the Member State ~~to which a provider addressed the application for a European services e-card~~where the service provider is established, performs substantial economic activity and employs human resources;

Amendment 38 #

Olle LUDVIGSSON, Pervenche BERÈS

Proposal for a directive
Article 3 – paragraph 1 – point 1

1. "home Member State" means the Member State toin wh~~ich a provider addressed the application for a European services e-card;~~ose territory the provider of the service concerned is established.

Amendment 39 #

Proposal for a directive
Article 3 – paragraph 1 – point 13 a (new)

13a. “minimum economic substance” means the factual criteria which can be used to define a branch, agency or office, such as the existence of human and physical resources specific to the entity, its management autonomy, its legal reality and, where appropriate, the nature of its assets;

Amendment 4 #

Proposal for a directive
Recital 2

(2) Directive 2006/123/EC of the European Parliament and of the Council17 establishes general provisions facilitating the exercise of the freedom of establishment for service providers and the free movement of services. It provides inter alia that Member States should provide for administrative simplification, for instance offering electronic procedures via Points of Single Contact, and simplifying existing procedures ~~and the need for certified documents and making best use of a system of tacit approval~~, while ensuring that the documents submitted are reliable. The Directive also sets a framework furthering the freedom to provide services on a temporary basis in another Member State. __________________ 17 Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (OJ L 376, 27.12.2006, p. 36).

Amendment 40 #

Proposal for a directive
Article 4 – paragraph 1

Member States shall accept a valid European services e-card as proof that its holder is established in the territory of his home Member State and is entitled, in that territory as well as in the territory of the host Member State after completed the required procedures and receiving a final, positive decision from competent authorities of host Member State, to provide the service activities covered by the e-card.

Amendment 41 #

Proposal for a directive
Article 4 – paragraph 1 a (new)

After the holder completed the required procedures and received the final, positive decision by competent authorities of host Member State, his e-card shall be a proof that its holder is entitled to perform activity in the territory of the host Member State.

Amendment 42 #

Proposal for a directive
Article 4 – paragraph 1 b (new)

After the holder completed the required procedures and received the final, positive decision by competent authorities of host Member State, his e-card shall be a proof that its holder is entitled, in that territory, to provide the service activities covered by the e-card.

Amendment 43 #

Proposal for a directive
Article 5

Effects of a European services e-card in 1. impose any prior authorisation scheme, prior notification scheme or an establishment requirement on the holder of a previously issued European services e-card for temporary cross-border provision of services as a condition for such provision of services in its territory. 2. impose any prior authorisation scheme or prior notification scheme on the holder of a previously issued European services e- card for establishment as a condition for establishment in its territory through a branch, agency or office located in its territory. 3. from imposing on holders of a previously issued European services e-card requirements other than those referred to in paragraphs 1 and 2 the compliance of which has been or is deemed to have been verified under Articles 11 to 13. 4. Paragraphs 1, 2 and 3 are without prejudice to: (i) in the context of selection procedures of candidates for authorisation schemes limited in number in accordance with EU law; (ii) obligations, prohibitions, conditions or limits imposed on providers in the context of selection procedures of candidates for the provision of services under a public contract, a design contest or a concession; (iii) authorisation schemes, notification schemes or requirements concerning conditions specifically related to the site where the service is provided or to the site where the provider is established; (iv) requirements regarding recognition of professional qualifications as provided for by Articles 4 and 4f of Directive 2005/36/EC; (v) for by Article 2 of Directive 2009/101/EC and Article 2 of Directive 89/666/EEC or obligations, prohibitions, conditions or limits imposed by national rules on registration of branches of companies registered in another Member State under company law. 5. Paragraphs 1, 2 and 3 are without prejudice to reporting obligations imposed on the holder of a European services e- card or the performance of checks, inspections or investigations from competent authorities during the provision of the service, in compliance with EU law.Article 5 deleted the host Member State A host Member State shall not A host Member State shall not A host Member State shall refrain requirements imposed on providers requirements and other disclosure obligations as provided

Amendment 44 #

Proposal for a directive
Article 5 – paragraph 4 a (new)

4a. Paragraphs 1, 2 and 3 shall apply without prejudice to the prior notification system established by Directive 2014/67/EU for the posting of workers.

Amendment 45 #

Proposal for a directive
Article 5 – paragraph 5

5. Paragraphs 1, 2 and 3 are without prejudice to reporting obligations imposed on the holder of a European services e-card or the performance of checks, inspections or investigations from competent authorities during the provision of the service, in compliance with EU law. During the checks, competent authorities competent for inspections or investigations should take into account the e – card as a proof of completion of the requirements appointed in an e–card.

Amendment 46 #

Proposal for a directive
Article 7 – paragraph 1 – subparagraph 1

Amendment 47 #

Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1

A European services e-card shall be valid for a~~n indefinite duration~~ period of 18 months, unless suspended, revoked or cancelled, in accordance with Articles 15 to 17. Without prejudice to Article 17(4), Member States shall at any time, perform checks, inspections or investigations, in accordance with Union law and in particular Article 17(5) of this Directive in order to ascertain the occurrence of any event that may, as prescribed by Articles 15 and 16, determine a suspension or revocation of a European services e-card. This shall be without prejudice to measures put in place in accordance with Article 18 of Directive 2006/123/EC.

Amendment 48 #

Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1

A European services e-card shall be valid for a~~n indefinite duration~~ duration of 3 years, unless suspended, revoked or cancelled, in accordance with Articles 15 to 17. After this period, providers of service activities for which a European professional card for establishment has been introduced shall have the right to submit an application, in line with the requirements of this Directive, in order to be granted a European services e-card for a period of 10 years.

Amendment 49 #

Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1

Amendment 5 #

Proposal for a directive
Recital 3

(3) Directive 2006/123/EC requires Member States to put in place and keep constantly updated Points of Single Contacts where a service provider wishing to establish or to provide services can find all relevant information about requirements to be complied with and e-procedures in respect of all formalities, authorisation and notifications to go through. The Points of Single Contacts need to be upgraded in line with the proposal for a Regulation of the European Parliament and of the Council on establishing a single digital gateway to provide information, procedures, assistance and problem solving services and amending Regulation (EU) No 1024/20121a. However, costly information challenges and difficulties complying with national procedures at a distance remain to date for service providers, namely for sector-related requirements. Cooperation between authorities in different Member States should in principle take place via the Internal Market Information System (IMI), an IT-platform offered for cross-border exchange of information and mutual assistance under that Directive. Despite the fact that authorities sometimes have doubts with regard to the legal establishment of a provider in another Member State, the possibilities for cooperation currently provided in IMI are not exploited to their full potential. Formalities associated with authorisations and notifications often require paper documents to be submitted and to be translated at a significant cost. Information regarding these obstacles is either not available online or is scarce, incomplete, dispersed and difficult to interpret in relation to the particular circumstances of a provider expanding across borders, as national rules often target purely domestic situations. Service providers often risk resubmitting information and documents.

Amendment 50 #

Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1

Amendment 51 #

Proposal for a directive
Article 7 – paragraph 2 – subparagraph 2

~~This shall be without prejudice to measures put in place in accordance with Article 18 of Directive 2006/123/EC.~~deleted

Amendment 52 #

Proposal for a directive
Article 8 – paragraph 1

Amendment 53 #

Proposal for a directive
Article 10 – paragraph 1

In assessing applications for the European services e-card, Member States sha~~ll retain the~~s rights to invoke ~~those~~ overriding reasons of public interests, when it is based on the provisions which justified this, recognised under Directive 2006/123/EC, in particular Article 16 thereof, or other acts of EU law.

Amendment 54 #

Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – introductory part

The coordinating authority of the home Member State shall within ~~one~~four weeks of having received an application for a European services e-card:

Amendment 55 #

Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – introductory part

The coordinating authority of the home Member State shall within ~~one~~four weeks of having received an application for a European services e-card:

Amendment 56 #

Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – introductory part

The coordinating authority of the home Member State shall within ~~one~~two weeks of having received an application for a European services e-card:

Amendment 57 #

Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – introductory part

Amendment 58 #

Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – point b

(b) verify ~~the completeness and accuracy of the information provided;~~ legal establishment and minimum economic substance of the applicant in that Member State for the services activities in question, including the verification of the content and validity of accompanying documents, if any, that prove compliance with requirements of legal establishment and minimum economic substance to which the applicant is subject in the home Member State;

Amendment 59 #

Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – point b

(b) verify the completeness ~~and~~, accuracy and validity of the information provided;

Amendment 6 #

Proposal for a directive
Recital 3 a (new)

Amendment 60 #

Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – point d

(d) verify the co~~ntent and validity of accompanying documents, if any, that prove compliance with requirements applicable to the service provision to which the applicant is subject in~~mpleteness and accuracy of the other information provided, including documents provided to show compliance with requirements imposed on providers for commencement of provision of the services in question in the territory of the host Member State, except for the information reserved for assessment by the homest Member State;

Amendment 61 #

Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – point d

Amendment 62 #

Proposal for a directive
Article 11 – paragraph 1 – subparagraph 2

An application for a European services e- card may be rejected by the coordinating authority of the home Member State due to failure to verify the application in accordance with points (b), (c) and (d) of the first subparagraph or due to inaction by the applicant to provide supplement of an incomplete application. Where the coordinating authority of the home Member State requests supplementing of the application from the applicant, the time-limit is suspended until that information is provided.

Amendment 63 #

Proposal for a directive
Article 11 – paragraph 1 – subparagraph 2

Amendment 64 #

Proposal for a directive
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 delay the application to the coordinating authority of the host Member State, with information to the applicant. This communication shall constitute proof of establishment and minimum economic substance of the applicant in the territory of its home Member State, entitled, in the territory of the home Member State, to provide the service activities to which the application refers.

Amendment 65 #

Proposal for a directive
Article 11 – paragraph 3

3. ~~The decisions and actions by the coordinating authority of~~Due to unforeseen circumstances, such as the hcome Member State, notified to the applicant through the electronic platform where the standard form for application is made available, or the absence of a decision or action within the time-limit shall be subject to appeal under national law of the home Member Stateplexity of the application, the coordinating authority may extend the time limit; the coordinating authority shall without delay notify the applicant of this extension.

Amendment 66 #

Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1

Amendment 67 #

Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1

Within ~~two weeks from receiving the application~~a period set by the host Member State with a view to avoiding distortions with national undertakings, 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- limit, 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 68 #

Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1

~~Within two~~In the course of a procedure for issuing a European services e-card for the provision of temporary cross-border services, the coordinating authority of the host Member States hall, within four weeks from receiving the application 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- limit, decide to object to the issue of the European services e-card by the coordinating authorityof the envisaged service activities, during the provision of the service, under the legislation of the homest Member State w~~here it demonstrates that the application of a prior authorisation scheme, prior notification scheme or requirements to the applicant is justified for~~ ith the exceptione 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~~referred to in Article 5(4).

Amendment 69 #

Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1

Within two weeks from receiving the application 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). The application form has to include the information about above mentioned requirements. 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- limit, 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. The objection of an application should be always justified.

Amendment 7 #

Proposal for a directive
Recital 4

Amendment 70 #

Proposal for a directive
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-limit, 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 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. An application for a European services e-card may be dismissed by the coordinating authority of the host Member State due to inaction by the applicant to provide clarifications or additional information which has been requested.

Amendment 71 #

Proposal for a directive
Article 12 – paragraph 2

Amendment 72 #

Proposal for a directive
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 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 there is no objection to the issue of the European services e-card to the applicant~~.

Amendment 73 #

Proposal for a directive
Article 12 – paragraph 2 a (new)

2a. Before issuing the objection by the coordinating authority of the host Member State, the applicant should have a possibility to fulfil the requirements to which he was not obliged in the home Member State. In that case, the time-limit referred to in paragraph 1, shall automatically be extended by two additional weeks. 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 home Member State to the effect that failure to fulfil requirements by applicant shall imply that the European services e-card shall not be issued to the applicant.

Amendment 74 #

Proposal for a directive
Article 12 – paragraph 3 – subparagraph 1

Amendment 75 #

Proposal for a directive
Article 12 – paragraph 3 – subparagraph 1

If the host Member State does not object in accordance with paragraph 1, the coordinating authority of the home Member State shall issue the European services e-card without delay upon expiration of the extended time-limit resulting from the application of paragraph 2. In the absence of any objection under the second subparagraph of paragraph 1 and failing a decision by the coordinating authority of the home Member State upon expiration of the extended time-limit resulting from the application of paragraph 2, the European services e-card shall be deemed to have been ~~issued by the home Member State in the terms communica~~rejected toby the hostme Member State ~~in accordance with Article 11(2)~~.

Amendment 76 #

Proposal for a directive
Article 12 – paragraph 4

4. The Commission is empowered to adopt ~~delegated~~implementing acts in accordance with Article 18 in order to specify the procedure for the coordinating authority of the host Member State to request clarifications or additional information from the home Member State or the applicant, and to modify, if necessary, the time-limits laid down in paragraph 1.

Amendment 77 #

Proposal for a directive
Article 13 – paragraph 1 – subparagraph 1

Amendment 78 #

Proposal for a directive
Article 13 – paragraph 1 – subparagraph 1

Amendment 79 #

Proposal for a directive
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 from receiving the application~~a reasonable period to be determined by itself, 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 8 #

Proposal for a directive
Recital 5

Amendment 80 #

Proposal for a directive
Article 13 – paragraph 1 – subparagraph 1

Amendment 81 #

Proposal for a directive
Article 13 – paragraph 2

2. Taking into account the rights of 2. 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~~four 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 shalls be ~~issued to the applicant~~en rejected.

Amendment 82 #

Proposal for a directive
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 83 #

Proposal for a directive
Article 13 – paragraph 4 – subparagraph 1

Amendment 84 #

Proposal for a directive
Article 13 – paragraph 4 – subparagraph 1

Amendment 85 #

Proposal for a directive
Article 13 – paragraph 4 – subparagraph 1

The co~~ordinating~~mpetent authority of the host Member State shall assess, within one week upon receipt of proof of compliance with the conditions identified in accordance with paragraph 1, whether to issue the European services e-card or reject the application for the European services e- card.

Amendment 86 #

Proposal for a directive
Article 13 – paragraph 4 – subparagraph 2

In case the co~~ordinating~~mpetent authority of the host Member State decides to issue the European services e-card, it shall do so without delay.

Amendment 87 #

Proposal for a directive
Article 13 – paragraph 4 – subparagraph 3

Amendment 88 #

Proposal for a directive
Article 13 – paragraph 4 – subparagraph 3

Alternatively, the co~~ordinating~~mpetent authority of the host Member State may inform the applicant and the coordinating authority of the home Member State of its intention to reject the application, in which case the applicant shall have a week to present its observations.

Amendment 89 #

Proposal for a directive
Article 13 – paragraph 4 – subparagraph 3

Amendment 9 #

Proposal for a directive
Recital 5

Amendment 90 #

Proposal for a directive
Article 13 – paragraph 4 – subparagraph 4

Amendment 91 #

Proposal for a directive
Article 13 – paragraph 4 – subparagraph 4

Amendment 92 #

Proposal for a directive
Article 13 – paragraph 4 – subparagraph 4

Amendment 93 #

Proposal for a directive
Article 13 – paragraph 4 – subparagraph 4

Amendment 94 #

Proposal for a directive
Article 13 – paragraph 5 – subparagraph 1

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 limits referred to in paragraphs 1 and 4 are suspended until the requested necessary clarification or necessary additional information is supplied. An application for a European services e-card may be dismissed by the coordinating authority of the host Member State due to inaction by the applicant to provide clarifications or additional information which has been requested.

Amendment 95 #

Proposal for a directive
Article 13 – paragraph 5 – subparagraph 1

The co~~ordinating~~mpetent 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 limits referred to in paragraphs 1 and 4 are suspended until the requested necessary clarification or necessary additional information is supplied.

Amendment 96 #

Proposal for a directive
Article 13 – paragraph 6

6. In case the host Member State, upon expiration of the periods for its reaction mentioned in paragraphs, 2 and 4, does not request compliance with any condition under paragraph 1 or does not take the decision to issue the European services e-card under paragraph 4, the European services e-card shall be deemed to have been issued by the host Member State in the terms communicated to the host Member State in accordance with Article 11(2).deleted

Amendment 97 #

Proposal for a directive
Article 13 – paragraph 6

Amendment 98 #

Proposal for a directive
Article 13 – paragraph 7

7. The Commission shall be empowered to adopt ~~delegated~~implementing acts in accordance with Article 18 in order to specify the procedure for the coordinating authority of the host Member State to request clarifications or additional information from the home Member State as referred to in paragraph 5, and to modify if necessary the time-limits mentioned in paragraphs 1 and 4.

Amendment 99 #

Proposal for a directive
Article 13 – paragraph 7

7. The Commission shall be empowered to adopt delegated acts in accordance with Article 18 in order to specify the procedure for the coordinating authority of the host Member State to request clarifications or additional information from the home Member State as referred to in paragraph 5, and to ~~modify~~extend if necessary the time-limits mentioned in paragraphs 1 and 4.

source: 612.373

2017/12/01 IMCO 157 amendments...

Amendment 100 #

Marco ZULLO, David BORRELLI, Dario TAMBURRANO, Laura AGEA

Proposal for a directive
Recital 12

(12) The main purpose of the European services e-card is to introduce a uniform and simplified procedure for service providers wishing to expand provision of services across internal market borders. The e-card represents an electronic certificate, issued through the IMI online platform, stating that a service provider is legally established in a Member State (the home Member State). Host Member States where a service provider is interested in expanding to should furthermore not apply, to holders of an e-card, their prior authorisation or notifications schemes put in place under national law to control access to or exercicse of service activities, which is already the object of control before issue of a European services e-card.

Amendment 101 #

Proposal for a directive
Recital 12

(12) The main purpose of the European services e-card is to introduce a uniform, transparent and simplified procedure for service providers wishing to expand provision of services across internal market borders. The e-card represents an electronic certificate stating that a service provider is legally established in a Member State (the home Member State). Host Member States where a service provider is interested in expanding to should furthermore not apply, to holders of an e- card, their prior authorisation or notifications schemes put in place under national law to control access to or exercicese of service activities, which is already the object of control before issue of a European services e-card.

Amendment 102 #

Marco ZULLO, David BORRELLI, Dario TAMBURRANO, Laura AGEA

Proposal for a directive
Recital 14

(14) Certain requirements and related authorisations and notifications governed by Directive 2006/123/EC should not be the object of controls in the context of issuing a European services e-card given their complexity or the involvement of third actors which the uniform procedural workflow of the European services e-card cannot suitably accommodate. This concerns selection procedures for granting authorisations limited in number and controls of site-specific conditions, be it for the site of actual provision of services or for the site where the provider establishes its operations. Similarly a European services e-card is also not suited to accommodate selection procedures for the performance of public contracts, design contests or concessions. Furthermore, the principles laid down in this Directive shall be without prejudice to Directives 2014/23/EU and 2014/25/EU and the procedures contained in the European Single Procurement Document (ESPD).

Amendment 103 #

Proposal for a directive
Recital 14

Amendment 104 #

Marco ZULLO, David BORRELLI, Dario TAMBURRANO, Laura AGEA

Proposal for a directive
Recital 15

(15) In the same vein, controls applicable to service providers which are already the object of other horizontal EU legislation should remain excluded. This is the case of requirements and controls related to recognition of professional qualifications under Directive 2005/36/EC of the European Parliament and of the Council21 and for Directive 2014/67/EU of the European Parliament and the Council of 15 May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System, even if mentioned in sector- specific legislation. _________________ 21 Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (OJ L 255, 30.9.2005, p. 22).

Amendment 105 #

Proposal for a directive
Recital 17

(17) A European services e-card provides several advantages and will strengthen trust in the market among service providers, since it will offer greater transparency and provide more information. It offers a proof of legal establishment in the home Member State. As long as a European services e-card remains valid, it should constitute a valid means of proof throughout the EU of legal establishment in the home Member State for the services covered by that e-card. Such proof should even be accepted in a domestic context, across all levels and administrative divisions of public administration. A valid European services e-card includes information which is often required in different contexts, such as controls applicable during or after the performance of services, the award of a public contract, a design contest or a concession, formation of subsidiaries or registration of branches under company law and registration of the service provider with mandatory social insurance schemes. Since that information is already available in a valid European services e-card, Member State authorities should not request this information from e- card holders for these other purposes.

Amendment 106 #

Proposal for a directive
Recital 17

(17) A European services e-card provides several advantages. It offers a proof of legal establishment in the home Member State. As long as a European services e-card remains valid, it should constitute a valid means of proof throughout the EU of legal establishment in the home Member State for the services covered by that e-card. Such proof should even be accepted in a domestic context, across all levels and administrative divisions of public administration. A valid European services e-card includes information which is often required in different contexts, such as controls applicable during or after the performance of services, the award of a public contract, a public design contest or a concession, formation of subsidiaries or registration of branches under company law and registration of the service provider with mandatory social insurance schemes. Since that information is already available in a valid European services e-card, Member State authorities should not request this information from e- card holders for these other purposes.

Amendment 107 #

Proposal for a directive
Recital 17 a (new)

(17a) The European professional card may be extended to professions other than the five concerned at present. The card should be deemed the most appropriate means for self-employed workers subject to Directive 2015/36/EC who wish to provide their services in EU Member States.

Amendment 108 #

Proposal for a directive
Recital 18

(18) In addition, Member States should not be allowed to impose on holders of a European services e-card any service provision related authorisation or notification schemes prior to a service provision, other than what is provided for in the principles and standards laid down in Directive 2005/36/EC of the European Parliament and of the Council on the recognition of professional qualifications, and paying particular attention to the necessity of said qualifications being recognised in order to be able to provide a service. Member States should not repeat, wholly or partially, controls previously performed in the context of issuing the European services e-card once provision of services has started in the host Member State. Authorisation or notification schemes such as those deriving from taxation, social security and labour law shall remain applicable as such matters are excluded from the scope of this Directive. Ex-post checks, inspections and investigations initiated by competent authorities should however remain admissible to control service performance, as under current EU Law. If such controls reveal serious breaches of requirements applicable in a host Member State, this could lead to the suspension or revocation of the European services e-card.

Amendment 109 #

Marco ZULLO, David BORRELLI, Dario TAMBURRANO, Laura AGEA

Proposal for a directive
Recital 18

(18) In addition, Member States should not be allowed to impose on holders of a European services e-card any service provision related authorisation or notification schemes prior to a service provision. Member States should not repeat, wholly or partially, controls previously performed in the context of issuing the European services e-card once provision of services has started in the host Member State. Authorisation or notification schemes such as those deriving from taxation, social security and labour law shall remain applicable as such matters are excluded from the scope of this Directive. Ex-post checks, inspections and investigations initiated by competent authorities, in both the home and host Member States, should however remain admissible to control service performance, as under current EU Law. Those ex-post checks are strongly recommended in respect of e-cards issued for an indefinite duration. If such controls reveal serious breaches of requirements applicable in a host Member State, this could lead to the suspension or revocation of the European services e-card.

Amendment 110 #

Proposal for a directive
Recital 18

(18) In addition, Member States should not be allowed to impose on holders of a European services e-card any service provision related authorisation or notification schemes prior to a service provision. Member States should not repeat, wholly or partially, controls previously performed in the context of issuing the European services e-card once provision of services has started in the host Member State. Authorisation or notification schemes such as those deriving from taxation, social security and labour law shall remain applicable as such matters are excluded from the scope of this Directive. Ex-post checks, inspections and investigations initiated by competent authorities should however remain admissible to control service performance, as under current EU Law. If such controls reveal serious breaches of requirements applicable in a host Member State and these breaches are proven, this could lead to the suspension or revocation of the European services e-card.

Amendment 111 #

Marco ZULLO, David BORRELLI, Dario TAMBURRANO, Laura AGEA

Proposal for a directive
Recital 21

Amendment 112 #

Dariusz ROSATI, Anna Maria CORAZZA BILDT, Mihai ŢURCANU

Proposal for a directive
Recital 26

(26) A coordinating authority of the host Member State should provide clarity as to which requirements apply to the incoming service provider, considering the latter is already established in another Member State. They should pay particular attention to requirements regarding specific professional qualifications of employees and partners and recognition of same in order to be able to provide the service concerned. The coordinating authority of the host Member State should ensure the provider not only knows which requirements govern performance of services in the host Member States, including those applicable once it obtains the European services e-card, but that it also meets all said requirements. For establishment, i.e., provision of services through branches, agencies or offices, the identification of applicable requirements by the coordinating authority of the host Member State fulfils a different purpose: it lists the requirements the compliance of which the incoming service provider is required to prove before the e-card can be issued.

Amendment 113 #

Marco ZULLO, David BORRELLI, Dario TAMBURRANO, Laura AGEA

Proposal for a directive
Recital 26

(26) A coordinating authority of the host Member State should provide clarity as to which requirements apply to the incoming service provider, considering the latter is already established in another Member State. The coordinating authority of the host Member State should ensure, through the relevant webpage and the authorities’ offices, that the provider knows which requirements govern performance of services in the host Member States, including those applicable once it obtains the European services e- card. For establishment, i.e., provision of services through branches, agencies or offices, the identification of applicable requirements by the coordinating authority of the host Member State fulfils a different purpose: it lists the requirements the compliance of which the incoming service provider is required to prove before the e- card can be issued. Where a host Member State has set up a comprehensive and updated information database in its point of single contact, its coordinating authority can refer in particular to the relevant webpage from where the information can be retrieved in the context of the European services e-card procedure.

Amendment 114 #

Proposal for a directive
Recital 26

(26) A coordinating authority of the host Member State should provide clarity as to which requirements apply to the incoming service provider, considering the latter is already established in another Member State. The coordinating authority of the host Member State should ensure the provider knows which requirements govern performance of services in the host Member States, including those applicable once it obtains the European services e- card. The information on the requirements should be included in the application forms. For establishment, i.e., provision of services through branches, agencies or offices, the identification of applicable requirements by the coordinating authority of the host Member State fulfils a different purpose: it lists the requirements the compliance of which the incoming service provider is required to prove before the e- card can be issued.

Amendment 115 #

Dariusz ROSATI, Anna Maria CORAZZA BILDT, Mihai ŢURCANU

Proposal for a directive
Recital 26

(26) A coordinating authority of the host Member State should provide information and clarity as to which requirements apply to the incoming service provider, considering the latter is already established in another Member State. The coordinating authority of the host Member State should ensure the provider knows which requirements govern performance of services in the host Member States, including those applicable once it obtains the European services e- card. For establishment, i.e., provision of services through branches, agencies or offices, the identification of applicable requirements by the coordinating authority of the host Member State fulfils a different purpose: it lists the requirements the compliance of which the incoming service provider is required to prove before the e- card can be issued.

Amendment 116 #

Proposal for a directive
Recital 28 a (new)

(28 a) In the assessment of an application for a European services e- card, as specified in Article 12 and Article 13, the host Member State should not duplicate requirements and controls which are equivalent or essentially comparable as regards their purpose to which the provider is already subject in the home Member State.

Amendment 117 #

Marco ZULLO, David BORRELLI, Dario TAMBURRANO, Laura AGEA

Proposal for a directive
Recital 29

(29) For provision of temporary cross- border services, given that Article 16 of Directive 2006/123/EC admits requirements for the generality of services covered by this Directive, host Member States should be allowed to object to the issue of a European services e-card by the home Member State in those cases where the circumstances of the applicant give rise to genuine and sufficiently serious threats to public interests related to public policy, public security, public health or the protection of the environment, in a manner which cannot be suitably and sufficiently addressed by requirements and controls applicable once service provision starts. This should be the case when a prior authorisation scheme or prior notification for temporary provision of the services in question is in place, justified in proportionate terms under one of those four overriding reasons of public interest safeguarded under Article 16 of Directive 2006/123/EC and when the conditions met by the applicant in its home Member State cannot be considered equivalent to the ones required in the host Member State for the granting of that prior authorisation. This should also apply in the post-issuance period where a cardholder is judged by the Member States to pose a real threat to the public interest, prompting them to open an investigation for fraud or the provision of inaccurate or falsified information or documentation. The possibilities and prerogatives of host Member States under Article 16 of Directive 2006/123/EC apply in the context of issuing a European services e-card.

Amendment 118 #

Proposal for a directive
Recital 32

(32) Equivalence between requirements of a host Member State and those requirements of the home Member State the applicant has already complied should be an integral part of this assessment, focusing on the professional qualifications required of company employees and staff members. In order to facilitate the assessment of the equivalence of requirements in home and host Member States, where the authority of the host Member State declares its intention to refuse an e-card for establishment, the applicant should have a renewed possibility to prove that it meets the conditions laid down in the prior authorisation or prior notification on the basis of which the authorities of the host Member States base their intention to refuse the e-card, including through requirements to which the applicant is subject in the home Member State and which they deem to be equivalent.

Amendment 119 #

Proposal for a directive
Recital 34

(34) In order to lay down the procedure for requesting such information, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of specifying the procedural workflow and its impact on the applicable time-limits for decisions to be made in the context of issuing a European services e-card. It is of particular importance that the Commission carr~~ies~~ y out appropriate consultations during its preparatory work, including at expert level ~~and that those consultations be conducted~~, especially with professional and sectoral bodies, in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law- Making~~of 13 April 2016~~. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

Amendment 120 #

Proposal for a directive
Recital 35

(35) The host Member State ~~should no longer~~will be able to control whether the applicant for a European services e-card is legally established in another Member State~~. Nor should it~~ and put into question the veracity and validity of the data and documents included in an application, once validated by the coordinating authority of the home Member State. ~~Conversely, t~~The coordinating authority of the home Member State ~~should~~will in turn be able to not assess whether it issues a European services e-card for temporary cross-border provisions of services based on compliance by the provider of host Member State requirements~~, rather it should only~~ and will assess of whether the applicant is legally established in its territory for the provision of the service in question at the time the decision to issue is made, taking into account a number of factors, including the professional qualifications of the company employees and staff members applying for the card. The home Member State will be obliged to confirm the information within two weeks.

Amendment 121 #

Marco ZULLO, David BORRELLI, Dario TAMBURRANO, Laura AGEA

Proposal for a directive
Recital 35

(35) The host Member State ~~should no longer~~must at all times have the right to control whether the applicant for a European services e-card is legally established in another Member State~~. Nor should it put into question~~ and must also be able to check the veracity and validity of the data and documents included in an application, ~~once~~even after they have been validated by the coordinating authority of the home Member State. Conversely, the coordinating authority of the home Member State should not assess whether it issues a European services e-card for temporary cross-border provisions of services based on compliance by the provider of host Member State requirements, rather it should only assess of whether the applicant is legally established in its territory for the provision of the service in question at the time the decision to issue is made.

Amendment 122 #

Proposal for a directive
Recital 35

Amendment 123 #

Proposal for a directive
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 124 #

Marco ZULLO, David BORRELLI, Dario TAMBURRANO, Laura AGEA

Proposal for a directive
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 twohree 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 of a European services e-card.

Amendment 125 #

Marco ZULLO, David BORRELLI, Dario TAMBURRANO, Laura AGEA

Proposal for a directive
Recital 38

(38) Service providers should not be required to provide information and documents which are already in the possession of other authorities in the home Member State, irrespective of administrative levels or divisions. ~~It should also be the case when interconnection of~~The information contained on the card should correspond to that contained in national registers (e.g. central, commercial and companies' registers as required by Directive 2009/101/EC or insolvency registers under Regulation (EU) 2015/848 of the European Parliament and of the Council28~~) allows~~ so that the decisions and modifications regarding service providers registered by the home Member State are automatically reflected in the service provider's card, making it easier for information and documents to be retrieved by the administration of the home Member State from other Member States. In all instances when personal data are processed under this Directive, rules on protection of personal data of Directive 95/46/EC of the European Parliament and of the Council29[, [Regulation (EU) 2016/679 of the European Parliament and of the Council30] and national legislation should be observed. _________________ 28 Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings (OJ L 141, 5.6.2016, p.19). 29 Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ L 281 , 23.11.1995, p. 31). 30 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).

Amendment 126 #

Proposal for a directive
Recital 42

(42) A European services e-card should be valid for a~~n 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 127 #

Proposal for a directive
Recital 42

(42) A European services e-card should be valid for ~~an indefinite period in~~36 months and renewed automatically for the same period an indefinite number of times, 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 128 #

Marco ZULLO, David BORRELLI, Dario TAMBURRANO, Laura AGEA

Proposal for a directive
Recital 42

(42) A European services e-card should be valid for an indefinite period in time, without prejudice to, in relation to temporary cross-border services, the effects of case-by-case derogations in accordance with Directive 2006/123/EC. The information contained on the card must be updated annually by service providers and verified continuously by the Member States through ex-post controls.

Amendment 129 #

Dariusz ROSATI, Anna Maria CORAZZA BILDT, Mihai ŢURCANU

Proposal for a directive
Recital 45

(45) In any case, before adopting the decision to revoke or suspend the e-card, the competent coordinating authority should consult the e-card holder and any decision should be duly proven and justified and subject to appeal, in accordance with the applicable national law of the Member State which issued it. Interim measures signalling a pending procedure for suspension or revocation of a European services e-card should be allowed, signalling a link with alerts triggered under Directive 2006/123/EC.

Amendment 130 #

Proposal for a directive
Article 1 – paragraph 1

This Directive lays down the legal and operational framework for the European services e-card introduced by Regulation ……[ESC Regulation]…….. and coordinates provisions concerning the freedom of establishment and the freedom to provide certain services.

Amendment 131 #

Dariusz ROSATI, Anna Maria CORAZZA BILDT, Mihai ŢURCANU

Proposal for a directive
Article 1 b (new)

Article 1 b Participating Member States 1.This Directive only applies to participating Member States. 2.For the purpose of this Directive, ‘participating Member State’ means a Member State which has accepted that this Directive will apply to it.

Amendment 132 #

Proposal for a directive
Article 2 – paragraph 1

1. TChapters II and III of this Directive appl~~ies~~y to the services ~~listed in the~~within the meaning of Annex I. Chapter IIIa of this Directive applies to the services within the meaning of Annex Ia.

Amendment 133 #

Dariusz ROSATI, Anna Maria CORAZZA BILDT, Mihai ŢURCANU

Proposal for a directive
Article 2 – paragraph 2 – subparagraph 1

This Directive does not affect the matters mentioned in Article 1(2) to (7) of Directive 2006/123/EC. It shall not have any impact on the regulatory requirements for the provision of services that are in place at national level, such as rules concerning social protection, consumer rights, health and safety or the environment. It does therefore not introduce the country of origin principle.

Amendment 134 #

Dariusz ROSATI, Anna Maria CORAZZA BILDT, Mihai ŢURCANU

Proposal for a directive
Article 2 – paragraph 2 – subparagraph 1

This Directive does not affect the matters mentioned in Article 1(2) to (7) of Directive 2006/123/EC. It shall not have impact on the regulatory requirements for the provision of services that are in place at national level, such as rules concerning social protection, consumer rights, health and safety or the environment. It does therefore not introduce the country of origin principle.

Amendment 135 #

Proposal for a directive
Article 2 – paragraph 2 – subparagraph 2

It shall not apply to the activities and fields mentioned in Article 2(2) and (3) of Directive 2006/123/EC or to information society services.

Amendment 136 #

Marco ZULLO, David BORRELLI, Dario TAMBURRANO, Laura AGEA

Proposal for a directive
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 shall not affect in any way the right of Member States to verify whether a company is established in its territory. Furthermore, in order to strengthen the rights and obligations laid down in these Directives, the Commission, after the transposition of this Directive, shall take action against cases of social dumping and consider the possibility of tabling a legislative proposal to extend the scope of EU competition law.

Amendment 137 #

Dariusz ROSATI, Anna Maria CORAZZA BILDT, Mihai ŢURCANU

Proposal for a directive
Article 2 – paragraph 3 – subparagraph 2

Amendment 138 #

Proposal for a directive
Article 2 – paragraph 3 – subparagraph 2

Amendment 139 #

Marco ZULLO, David BORRELLI, Dario TAMBURRANO, Laura AGEA

Proposal for a directive
Article 2 – paragraph 3 – subparagraph 2 a (new)

Furthermore, this Directive shall be without prejudice to Directives 2014/23 and 2014/25 and the procedures contained in the European Single Procurement Document (ESPD).

Amendment 140 #

Dariusz ROSATI, Anna Maria CORAZZA BILDT, Mihai ŢURCANU

Proposal for a directive
Article 2 – paragraph 3 a (new)

3a. This Directive shall apply only to undertakings that supply services and shall exclude self-employed workers, who shall, for the provision of services on a temporary basis, be subject to recognition of their professional qualifications under Directive 2005/36/EC of the Parliament and of the Council.

Amendment 141 #

Proposal for a directive
Article 3 – paragraph 1 – point 1

1. "home Member State" means the Member State toin wh~~ich a provider addressed the application for a European services e-car~~ose territory the provider of the service concerned is established;

Amendment 142 #

Proposal for a directive
Article 3 – paragraph 1 – point 1

1. "home Member State" means the Member State toin wh~~ich a provider addressed the application for a European services e-car~~ose territory the provider of the service concerned is established;

Amendment 143 #

Dariusz ROSATI, Anna Maria CORAZZA BILDT, Mihai ŢURCANU

Proposal for a directive
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 144 #

Proposal for a directive
Article 3 – paragraph 1 – point 1 a (new)

1 a. 'European services e-card' means an electronic certificate, resulting from a harmonised procedure, proving that its holder is a service provider legally established in the home Member State, entitled, in that territory, to provide the service activities in question, as well as proving that its holder is entitled to perform activity in the territory of the host Member State, without establishing there or through a branch, agency or office located therein, as the case may be, and to continue such provision, for as long as it remains valid.

Amendment 145 #

Dariusz ROSATI, Anna Maria CORAZZA BILDT, Antanas GUOGA, Mihai ŢURCANU

Proposal for a directive
Article 3 – paragraph 1 – point 1 a (new)

1a. 'European Professional Card': as defined in Article 13.II.(K) of Directive 2010/55/EU of the European Parliament and of the Council;

Amendment 146 #

Proposal for a directive
Article 3 – paragraph 1 – point 3 a (new)

3 a. “professional qualification requirements” means requirements of professional qualifications as defined in point (b) of Article 3(1) of Directive 2005/36/EC;

Amendment 147 #

Dariusz ROSATI, Anna Maria CORAZZA BILDT, Mihai ŢURCANU

Proposal for a directive
Article 3 – paragraph 1 – point 3 b (new)

3 b. "corporate control" means control as defined in Article 3(2) of Council Regulation (EC) 139/2004;

Amendment 148 #

Dariusz ROSATI, Anna Maria CORAZZA BILDT, Mihai ŢURCANU

Proposal for a directive
Article 3 – paragraph 1 – point 3 c (new)

3 c. "corporate designation" means a specific name or part of a name, including an ending designation, used to designate a corporate body.

Amendment 149 #

Proposal for a directive
Article 4 – paragraph 1

Member States shall accept a valid European services e-card as proof that its holder is established in the territory of his home Member State and is fully and legally entitled, in that territory, to provide the service activities covered by the e-card.

Amendment 150 #

Dariusz ROSATI, Anna Maria CORAZZA BILDT, Mihai ŢURCANU

Proposal for a directive
Article 4 – paragraph 1 a (new)

Proof of establishment includes information concerning activity in the home Member State of the provider, such as identification of the provider, registration in a central, commercial or company register, registration for tax purposes, registration for social security purposes, date of initial establishment and authorisations.

Amendment 151 #

Proposal for a directive
Article 5 – paragraph 1

1. A European services e-card for temporary cross-border service provision is an electronic certification, resulting from a harmonised procedure, that stipulates the right of its holder to start provision of services, without establishing, in the host Member State, and to continue such provision, for as long as it remains valid. A host Member State shall not impose any prior authorisation scheme, prior notification scheme or an establishment requirement on the holder of a previously issued European services e- card for temporary cross-border provision of services as a condition for such provision of services in its territory. These schemes shall include registration in the official lists of approved economic operators in accordance with Article 64 of Directive 2014/24/EU and Article 46 of Directive 2009/81/EC, as appropriate.

Amendment 152 #

Dariusz ROSATI, Anna Maria CORAZZA BILDT, Mihai ŢURCANU

Proposal for a directive
Article 5 – paragraph 2

2. A European services e-card for secondary establishment is an electronic certification, resulting from a harmonised procedure, that stipulates the right of its holder to start provision of services in the host Member State through a branch, agency or office located in the territory of this Member State, and to continue such provision, for as long as it remains valid. A host Member State shall not impose any prior authorisation scheme or prior notification scheme on the holder of a previously issued European services e-card for establishment as a condition for establishment in its territory through a branch, agency or office located in its territory. These schemes shall include registration in the official lists of approved economic operators, in accordance with Article 64 of Directive 2014/24/EU and Article 46 of Directive 2009/81/EC, as appropriate.

Amendment 153 #

Dariusz ROSATI, Anna Maria CORAZZA BILDT, Antanas GUOGA, Mihai ŢURCANU

Proposal for a directive
Article 5 – paragraph 3

3. A host Member State shall refrain from imposing on holders of a previously issued European services e-card requirements other than those referred to in paragraphs 1 and 2 the compliance of which has been or is deemed to have been verified under Artnot impose any authorisation scheme or notification scheme on a holder of a European services e-card, once service provision in its territory has started, which duplicates equivalent or essentially comparable controls to which the provider was subject as part of the procedure for issuing the European servicles ~~11 to 13~~e-card.

Amendment 154 #

Dariusz ROSATI, Anna Maria CORAZZA BILDT, Ivan ŠTEFANEC, Mihai ŢURCANU

Proposal for a directive
Article 5 – paragraph 5

5. Paragraphs 1, 2 and 3 are without prejudice to reporting obligations imposed on the holder of a European services e-card or the performance of checks, inspections or investigations from competent authorities during the provision of the service, in compliance with EU law. During the checks, authorities competent for inspections or investigations shall take into account the European services e– card as a proof of completion of the requirements foreseen in a European services e–card.

Amendment 155 #

Proposal for a directive
Article 6 – paragraph 1 – point i

~~(i) the award of a public contract, a design contest or a concession;~~deleted

Amendment 156 #

Proposal for a directive
Article 6 – paragraph 1 – point i

(i) the award of a public contract, a public design contest or a concession;

Amendment 157 #

Dariusz ROSATI, Anna Maria CORAZZA BILDT, Mihai ŢURCANU

~~(iii) registration with mandatory social insurance schemes.~~deleted

Amendment 158 #

Marco ZULLO, David BORRELLI, Dario TAMBURRANO, Laura AGEA

Proposal for a directive
Article 6 – paragraph 1 – point iii

(iii) registration with mandatory social insurance schemes for self-employed workers.

Amendment 159 #

Proposal for a directive
Article 7 – paragraph 1 – subparagraph 2

A European services e-card for establishment shall be valid, as regards the service activities covered by that e-card, throughout the territory of the host Member State through one or more branches, agencies or offices located in the territory of this Member State except where an authorisation for each additional branch, agency or office is based on the provisions justified in accordance with Article 10(4) of Directive 2006/123/EC. In case an authorisation as referred to in the second subparagraph is required under the national law of the host Member State, an additional European services e-card may be requested in order for its holder to obtain the right to start provision of services in the host Member State through the additional branch, agency or office in question.

Amendment 160 #

Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1

A European services e-card shall be valid for a~~n indefinite duration, unless~~ limited period and subject to regular checks on compliance by service providers. It must also be possible to suspended, revoked or cancel~~led~~ it, in accordance with Articles 15 to 17.

Amendment 161 #

Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1

A European services e-card shall be valid for ~~an indefinite duration~~36 months and shall be automatically renewable for an unlimited number of times, unless suspended, revoked or cancelled, in accordance with Articles 15 to 17.

Amendment 162 #

Marco ZULLO, David BORRELLI, Dario TAMBURRANO, Laura AGEA

Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1

A European services e-card shall be valid for an indefinite duration, unless suspended, revoked or cancelled, in accordance with Articles 15 to 17, 36 months in the case of service providers applying for temporary cross-border services, and for an indefinite duration for the providers applying for provision of services through branches, agencies and offices.

Amendment 163 #

Marco ZULLO, David BORRELLI, Dario TAMBURRANO, Laura AGEA

Proposal for a directive
Article 7 – paragraph 2 – subparagraph 2

This shall be without prejudice to measures put in place in accordance with Article 18 of Directive 2006/123/EC and the provisions adopted under Article 7 of Directive 2005/36/EC.

Amendment 164 #

Proposal for a directive
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 165 #

Dariusz ROSATI, Anna Maria CORAZZA BILDT, Mihai ŢURCANU

Proposal for a directive
Article 9 – paragraph 1

1. Providers of service activities subject to Directive 2005/36/EC, for which a European professional card for the temporary and occasional provision of services has been introduced, in accordance with Directive 2005/36/EC, shall not be eligible for a European services e-card for the provision of temporary cross-border services.

Amendment 166 #

Proposal for a directive
Article 9 – paragraph 2

2. Providers of service activities for which a European professional card for establishment has been introduced, in accordance with Directive 2005/36/EC, shall not be eligible for a European services e-card for ~~establishment. Those providers shall be eligible for a European services e-card~~that purpose except as regards requirements and provisions referenced in the second subparagraph of Article 4a(5) of Directive 2005/36 EC.

Amendment 167 #

Dariusz ROSATI, Anna Maria CORAZZA BILDT, Mihai ŢURCANU

Proposal for a directive
Article 10 – paragraph 1

In assessing applications for the European services e-card, Member States shall ~~retain~~have the right to invoke those overriding reasons of public interests recognised under Directive 2006/123/EC, in particular Article 16 thereof, or other acts of EU law.

Amendment 168 #

Marco ZULLO, David BORRELLI, Dario TAMBURRANO, Laura AGEA

Proposal for a directive
Article 10 – paragraph 1

In assessing applications for the European services e-card, Member States shall retain the right to invoke those overriding reasons of public interests recognised under Directive 2006/123/EC, in particular Article 16 thereof, or other acts of EU law. Member States shall retain the right to request, at any time, clarification or additional information from the Member State of origin or the applicant.

Amendment 169 #

Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – introductory part

The coordinating authority of the home Member State shall within ~~one~~four weeks of having received an application for a European services e-card:

Amendment 170 #

Dariusz ROSATI, Anna Maria CORAZZA BILDT, Mihai ŢURCANU

Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – introductory part

The coordinating authority of the home Member State shall, within ~~one week of hav~~a reasonable period following recei~~ved~~pt of an application for a European services e-card:

Amendment 171 #

Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – introductory part

The coordinating authority of the home Member State shall within ~~one~~two weeks of having received an application for a European services e-card:

Amendment 172 #

Dariusz ROSATI, Anna Maria CORAZZA BILDT, Ivan ŠTEFANEC, Mihai ŢURCANU

Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – introductory part

The coordinating authority of the home Member State shall within ~~one~~two weeks of having received an application for a European services e-card:

Amendment 173 #

Marco ZULLO, David BORRELLI, Dario TAMBURRANO, Laura AGEA

Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – introductory part

The coordinating authority of the home Member State shall within ~~one~~two weeks of having received an application for a European services e-card:

Amendment 174 #

Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – point c

(c) verify whether European services e- cards issued in relation to other home Member States for the same provider and service activityies have been revoked or cancelled, or that cancelation has been requested to allow replacement of those e- cards by the European services e-card to which the application refers to;

Amendment 175 #

Proposal for a directive
Article 11 – paragraph 1 – subparagraph 2

Where the coordinating authority of the home Member State requests supplement~~ing of the application from~~ary information from the applicant or where, in the event of justified doubts, the host Member State requests re-verification of the validity of information submitted by the applicant, the time-limit is suspended until that information is provided.

Amendment 176 #

Proposal for a directive
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 with~~out delay~~in a reasonable time frame the application to the coordinating authority of the host Member State, with information to the applicant.

Amendment 177 #

Dariusz ROSATI, Anna Maria CORAZZA BILDT, Mihai ŢURCANU

Proposal for a directive
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 delay and within a week at the latest the application to the coordinating authority of the host Member State, with information to the applicant.

Amendment 178 #

Proposal for a directive
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 delay the application to the coordinating authority of the host Member State, with information to the applicant. This communication shall constitute proof of establishment of the applicant in the territory of its home Member State, entitled, in that territory, to provide the service activities to which the application refers.

Amendment 179 #

Dariusz ROSATI, Anna Maria CORAZZA BILDT, Antanas GUOGA, Mihai ŢURCANU

Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1

Within two weeks from receiving the application the coordinating authority of the host Member State shall examine it and inform the applicant and the coordinating authority of 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, t~~The application form shall include the information about abovementioned requirements. The coordinating authority of the host Member State may, alternatively and within the same time- limit, 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~~ in accordance withe applica~~tion of a prior authorisation scheme, prior notification scheme or requirements to the applicant is justified for one of thos~~ble Union law. In this case, the coordinating authority of the host Member State shall specify the applicable legislation and why the decision is necessary and appropriate for the purpose of safeguarding the overriding reasons of ~~public~~general interest ~~set out in Article 16 of Directive 2006/123/EC or is admissible~~invoked and how the decision does not go beyond what is necessary to attain that purpose, in accordance with ~~other acts of EU~~Union law.

Amendment 180 #

Morten LØKKEGAARD, Anneleen VAN BOSSUYT

Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1

Within ~~two weeks from~~a reasonable period following recei~~ving~~pt 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- limit~~a 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 181 #

Marco ZULLO, David BORRELLI, Dario TAMBURRANO, Laura AGEA

Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1

Amendment 182 #

Proposal for a directive
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-limit, 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 referred to in this paragraph is suspended ~~until~~for a period not exceeding two weeks to allow for the supply of the requested necessary clarifications or necessary additional information ~~is supplied~~. Consecutive requests for necessary clarifications or necessary additional information shall not result in suspensions of the time limit for a total of more than eight weeks. The procedure for requesting clarifications or additional information shall be laid down by way of the delegated acts referenced in paragraph 4. The procedure for requesting clarifications or additional information will be laid down by way of the delegated acts referenced in paragraph 4.

Amendment 183 #

Dariusz ROSATI, Anna Maria CORAZZA BILDT, Ivan ŠTEFANEC, Antanas GUOGA, Mihai ŢURCANU

Proposal for a directive
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-limit~~shortest 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 184 #

Proposal for a directive
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-limit, 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 referred to in this paragraph is suspended until the requested necessary clarification or necessary additional information is supplied. If the host Member State finds that the requirements already met by the applicant in its home Member State sufficiently fulfil the purpose of the requirement imposed by the host Member State, the host Member State cannot object the European services e-card. The procedure for requesting clarifications or additional information will be laid down by way of the delegated acts referenced in paragraph 4.

Amendment 185 #

Proposal for a directive
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-limit, 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 particular where there are justified doubts that the content or validity of accompanying documents may not be in due form. In that case, the time limit 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 186 #

Proposal for a directive
Article 12 – paragraph 1 – subparagraph 2 a (new)

The competent authority of the host Member State may carry out necessary checks and inspections which accord with Directive 2006/123/EC.

Amendment 187 #

Proposal for a directive
Article 12 – paragraph 1 – subparagraph 3

Amendment 188 #

Dariusz ROSATI, Anna Maria CORAZZA BILDT, Mihai ŢURCANU

Proposal for a directive
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 ~~doe~~has not reacted within ~~the time-limit referred to in paragraph 1~~a reasonable period of time, that time limit shall automatically be extended by ~~two~~four 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 189 #

Proposal for a directive
Article 12 – paragraph 2

2. ~~Taking into account the rights of Member States as referred to in Article 10, i~~If the coordinating authority of the host Member State does not react within the time-limit referred to in paragraph 1 of this Article, that time limit shall automatically be extended by two additional weeks ~~and t~~. 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 #

Dariusz ROSATI, Anna Maria CORAZZA BILDT, Ivan ŠTEFANEC, Antanas GUOGA, Mihai ŢURCANU

Proposal for a directive
Article 12 – paragraph 3 – subparagraph 1

Amendment 191 #

Proposal for a directive
Article 12 – paragraph 3 – subparagraph 1

If the host Member State does not object in accordance with paragraph 1, the coordinating authority of the home Member State shall issue the European services e-card without delay upon expiration of the extended time-limit resulting from the application of paragraph 2. In the absence of any objection under the second subparagraph of paragraph 1Member States shall ensure that, upon reception of the information mentioned in the first and second subparagraph of paragraph 1, the coordinating authority of the home Member State issues, without delay, the European Services Card. In the absence of any objection by the coordinating authority of the host Member State and failing a decision by the coordinating authority of the home Member State upon expiration of the extended time-limit resulting from the application of paragraph 2, the European services e-card shall be deemed to have been issued by the home Member State in the terms communicated to the host Member State in accordance with Article 11(2).

Amendment 192 #

Proposal for a directive
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

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 #

Dariusz ROSATI, Anna Maria CORAZZA BILDT, Mihai ŢURCANU

Proposal for a directive
Article 12 – paragraph 6 – subparagraph 1

The Commission shall adopt technical rules for the handling and processing of the application under paragraphs 1 and 2 by means of implementing acts. These rules shall include time-limits on the expiration of the application due to inaction of the applicant.deleted

Amendment 195 #

Proposal for a directive
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 from receiving the application, ~~identify which,~~examine ift 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 interestd determine whether compliance with requirements imposed under a prior authorisation scheme or prior notification scheme under its national law, is required. The host Member State shall take due account in that assessment of the requirements that the applicant already meets in its home Member State. The requirements mentioned in this paragraph shall not result in the need for reincorporation or corporate restructuring of the service provider in its home Member State, or in the need for cessation of activities legally pursued by the applicant in the territory of the home Member State.

Amendment 196 #

Dariusz ROSATI, Anna Maria CORAZZA BILDT, Ivan ŠTEFANEC, Mihai ŢURCANU

Proposal for a directive
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 from~~a reasonable period following recei~~ving~~pt 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 197 #

Proposal for a directive
Article 13 – paragraph 1 – subparagraph 2

TUpon deciding to impose requirements under its national law in accordance with the preceding subparagraphs, the host Member State shall immediately inform the applicant and the coordinating authority of the home Member State of the prior authorisation or prior notification scheme in question, ~~the~~listing its conditions which the applicant is required to comply with and of the necessity and proportionality thereof, in accordance with Union law.

Amendment 198 #

Dariusz ROSATI, Anna Maria CORAZZA BILDT, Ivan ŠTEFANEC, Mihai ŢURCANU

Proposal for a directive
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 199 #

Proposal for a directive
Article 13 – paragraph 3 – subparagraph 1

Upon receipt of the ~~react~~decision byof the coordinating authority of the host Member State to ~~the application~~impose requirements under its national law in accordance with paragraph 1, the applicant shall be allowed to provide proof of compliance with the conditions identified ~~by the coordinating authority of the host Member State under the paragraph 1~~therein.

Amendment 200 #

Proposal for a directive
Article 13 – paragraph 3 – subparagraph 2

The applicant shall ~~describe~~provide 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

The coordinating authority of the host Member State shall assess, within ~~one week upon~~a 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

In case the coordinating authority of the host Member State decides to issue the European services e-card, it shall do so with~~out delay~~in a reasonable time frame.

Amendment 203 #

Dariusz ROSATI, Anna Maria CORAZZA BILDT, Ivan ŠTEFANEC, Antanas GUOGA, Mihai ŢURCANU

Proposal for a directive
Article 13 – paragraph 4 – subparagraph 4

Amendment 204 #

Proposal for a directive
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 week, whether to issue the European services e- card or reject the application for the European services e-card. The declaration of intention of rejection of the application and the decision to reject the application, notified to the holder of the European services e-card through the electronic platform where the standard form for application is made available, shall be fully reasoned, detailing which of the conditions identified in accordance with paragraph 1 have been deemed not complied with by the applicant and the reasons therefore.

Amendment 205 #

Morten LØKKEGAARD, Anneleen VAN BOSSUYT

Proposal for a directive
Article 13 – paragraph 5 – subparagraph 1

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 particular where there are justified doubts that the content or validity of accompanying documents may not be in due form. In that case, the time limits referred to in paragraphs 1 and 4 are suspended until the requested necessary clarification or necessary additional information is supplied.

Amendment 206 #

Proposal for a directive
Article 13 – paragraph 5 – subparagraph 1 a (new)

Where the coordinating authority of the host Member State intends to reject the application in accordance with the conditions laid down in this Article, the coordinating authority of the host Member State shall inform the applicant of the home Member State, and state its reasons. The applicant shall have two weeks to submit its observations.

Amendment 207 #

Dariusz ROSATI, Anna Maria CORAZZA BILDT, Ivan ŠTEFANEC, Antanas GUOGA, Mihai ŢURCANU

Proposal for a directive
Article 13 – paragraph 5 – subparagraph 1 a (new)

Where the coordinating authority of the host Member State intends to reject the application in accordance with the conditions laid down in this Article, the coordinating authority of the host Member State shall inform the applicant and the coordinating authority of the home Member State, and state its reasons. The applicant shall have two weeks to submit its observations.

Amendment 208 #

Dariusz ROSATI, Anna Maria CORAZZA BILDT, Ivan ŠTEFANEC, Mihai ŢURCANU

Proposal for a directive
Article 14 – paragraph 1

1. Coordinating authorities in the home Member State shall not require providers to provide information ~~and~~including documents which are available to those authorities in accordance with paragraph 2 of this Article or Article 14(32) of Regulation ….[ESC Regulation]….. when applying for a European services e-card or to prove compliance, in the context of a European services e-card for establishment, with conditions identified by the coordinating authority of the host Member State in accordance with Article 13(1).

Amendment 209 #

Marco ZULLO, David BORRELLI, Dario TAMBURRANO, Laura AGEA

Proposal for a directive
Article 14 – paragraph 1

Amendment 210 #

Dariusz ROSATI, Anna Maria CORAZZA BILDT, Ivan ŠTEFANEC, Mihai ŢURCANU

Proposal for a directive
Article 14 – paragraph 2

2. The coordinating authority in the home Member State shall obtain the information ~~and~~including documents required for the purposes referred to in paragraph 1 which are available to other authorities in the home Member State or originate from those authorities, in accordance with the rules on the protection of personal data as provided for in Directive 95/46/EC, Regulation (EU) No 2016/679 and national legislation.

Amendment 211 #

Proposal for a directive
Article 14 – paragraph 2 a (new)

2a. This Article shall not apply to information regarding professional liability insurance provided by the service provider. The validity and duration of insurance must be communicated regularly to the coordinating authority.

Amendment 212 #

Proposal for a directive
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 #

Dariusz ROSATI, Anna Maria CORAZZA BILDT, Ivan ŠTEFANEC, Mihai ŢURCANU

Proposal for a directive
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 214 #

Proposal for a directive
Article 15 – paragraph 2 – point i

(i) made use of information orincluding documents in the context of the procedure to issue the e-card which have been ascertained to be fraudulent, inaccurate or falsified by a final decision of either home or host Member State, not subject to appeal under the applicable national law;

Amendment 215 #

Marco ZULLO, David BORRELLI, Dario TAMBURRANO, Laura AGEA

Proposal for a directive
Article 15 – paragraph 2 – point i a (new)

(ia) is the subject of an investigation by one or more Member States where there is evidence of fraud or that inaccurate or false information or documents have been provided;

Amendment 216 #

Proposal for a directive
Article 15 – paragraph 2 a (new)

2a. Host Member States shall carry out regular random checks of e-cards issued by the coordinating authority to verify the validity of the information and documentation provided.

Amendment 217 #

Proposal for a directive
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

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 #

Dariusz ROSATI, Anna Maria CORAZZA BILDT, Ivan ŠTEFANEC, Mihai ŢURCANU

Proposal for a directive
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 220 #

Proposal for a directive
Article 16 – paragraph 3 – point vi

(vi) is no longer legally established in the home Member State, for any other reason.

Amendment 221 #

Dariusz ROSATI, Anna Maria CORAZZA BILDT, Ivan ŠTEFANEC, Mihai ŢURCANU

Proposal for a directive
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 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. The preceding subparagraph shall not apply in case of a measure put in place in accordance with Article 18 of Directive 2006/123/EC.

Amendment 222 #

Dariusz ROSATI, Anna Maria CORAZZA BILDT, Ivan ŠTEFANEC, Mihai ŢURCANU

Proposal for a directive
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 223 #

Proposal for a directive
Article 17 – paragraph 2 – subparagraph 1

Once a Member State concludes on the need to suspend or revoke a European services e-card it shall do so without delay, in case its coordinating authority is the issuing authority of the e-card in question, or it shall communicate without delay to the issuing coordinating authority its conclusion on the need to suspend or revoke the European services e-card in question, including by application of a measure put in place in accordance with Article 18 of Directive 2006/123/EC.

Amendment 224 #

Dariusz ROSATI, Anna Maria CORAZZA BILDT, Ivan ŠTEFANEC, Mihai ŢURCANU

Proposal for a directive
Article 17 – paragraph 2 – subparagraph 2

The notification mentioned in Article 35(6) of Directive 2006/123/EC shall constitute the communication referred to in the first subparagraph, as appropriate. The issuing coordinating authority which receives the communication of a conclusion on the need to suspend or revoke the European services e-card from another Member State shall immediately suspend or revoke the European services e- card in question, as appropriate.

Amendment 225 #

Proposal for a directive
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 #

Dariusz ROSATI, Anna Maria CORAZZA BILDT, Ivan ŠTEFANEC, Mihai ŢURCANU

Proposal for a directive
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 227 #

Proposal for a directive
Chapter 3 a (new)

CHAPTER IIIa COORDINATION OF PROVISIONS CONCERNING FREEDOM OF ESTABLISHMENT AND THE PROVISION OF SERVICES LISTED IN ANNEX Ia Article 17a Legal form requirements Member States shall allow providers of services listed in Annex II to form companies and establish, in their respective territories, in accordance with any of the types listed in Annex II of Directive (EU) 2017/1132 for their respective territories. Article 17b Corporate control and management requirements 1.Member States shall ensure that providers of services listed in Annex II formed as a legal person and established in their territory are not subject to any of the following requirements: a) more than a simple majority stake giving corporate control must be held by natural persons subject to professional qualification requirements or by legal persons subject to other requirements specific to the service activities concerned and related to professional qualifications; or b) more than a simple majority of the members in each of its management bodies and supervisory bodies are made subject to professional qualification requirements. Member States shall ensure that no other requirements specific to the service activities concerned are imposed on holders of a stake or members of management or supervisory bodies in a provider of services listed in Annex II, with the exception of authorisation or notification schemes meant to control the requirements introduced in accordance with the preceding subparagraph. 2.Member States may, within the simple majority stake giving corporate control referred to in point (a) of paragraph 1, require that the registered corporate purpose of a legal person holding a corporate stake in a provider established in their territory for the provision of services listed in Annex II includes the provision of the services in question. 3.Member States shall ensure that no requirements specific to the service activities concerned other than the requirements referred to in paragraph 2 are imposed regarding legal persons holders of a stake in a provider of services listed in Annex II. However, requirements may be imposed on providers of services listed in Annex II regarding the use of a particular corporate designation in case the service activities in question may be provided by legal persons not subject to such requirements. Article 17c Multidisciplinary activities 1. Member States shall ensure that architectural, engineering and construction services listed in Annex II may be exercised by a legal person jointly or in partnership. This shall apply without prejudice to requirements for the prevention of conflicts of interests in the context of and with consideration for a certain service provision in particular. 2.Notwithstanding paragraph 1, Member States may, in accordance with Article 25 of Directive 2006/123/EC, ban the joint exercise of architectural, engineering and construction services by providers of architectural or engineering services making use of a particular corporate designation in case the provision of the service activities in question, without exception, is admissible to providers not subject to requirements the compliance of which allows for the use of that same designation

Amendment 228 #

Proposal for a directive
Article 20 – paragraph 1

The Commission, with Member States, social partners, chambers of commerce, professional bodies and other relevant stakeholders, will establish monitoring arrangements to monitor and assess the implementation and impacts of this Directive, in particular how it impacts freedom of establishment and freedom to provide services across Member States for the service activities covered, namely by reducing costs for providers, enhancing transparency about providers expanding cross-border and increasing competition, and how it impacts prices and quality of the services concerned, considering relevant indicators.

Amendment 229 #

Proposal for a directive
Article 20 – paragraph 1

The Commission, with Member States, social partners and other relevant stakeholders, will establish monitoring arrangements to monitor and assess the implementation and impacts of this Directive, in particular how it impacts freedom of establishment and freedom to provide services across Member States for the service activities covered, namely by reducing costs for providers, enhancing transparency a~~bout~~nd trust about service providers expanding cross-border and increasing competition, and how it impacts prices and quality of the services concerned, considering relevant indicators.

Amendment 230 #

Proposal for a directive
Article 21 – paragraph 2

By 3624 months after the date for transposition of this Directive and at the latest every f~~ive~~our years thereafter, the Commission shall carry out an evaluation of this Directive and submit to the European Parliament and the Council a report on its performance. That report shall consider the need to adapt the procedures for issuing, updating, suspending or revoking a European services e-card taking into account the latest developments in e- Government and shall be included in the report assessing the overall performance of Regulation …[ESC Regulation]… in line with its Article 19.

Amendment 231 #

Marco ZULLO, David BORRELLI, Dario TAMBURRANO, Laura AGEA

Proposal for a directive
Article 21 – paragraph 2

By 36 months after the date for transposition of this Directive and at the latest every ~~fiv~~three years thereafter, the Commission shall carry out an evaluation of this Directive and submit to the European Parliament and the Council a report on its performance. That report shall consider the need to adapt the procedures for issuing, updating, suspending or revoking a European services e-card taking into account the latest developments in e- Government and shall be included in the report assessing the overall performance of Regulation …[ESC Regulation]… in line with its Article 19.

Amendment 232 #

Proposal for a directive
Article 22 – paragraph 1 – subparagraph 1

Member States shall adopt and publish, by [twohree years after entry into force of this Directive] at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.

Amendment 233 #

Proposal for a directive
Article 22 – paragraph 1 – subparagraph 2

They shall apply those provisions from [twohree years after entry into force of Regulation ….[ESC Regulation]……...].

Amendment 77 #

Dariusz ROSATI, Anna Maria CORAZZA BILDT, Ivan ŠTEFANEC, Mihai ŢURCANU

Proposal for a directive
–

The European Parliament rejects the Commission proposal.

Amendment 78 #

Pascal DURAND

Proposal for a directive
–

The European Parliament rejects the Commission proposal.

Amendment 79 #

Dennis de JONG

Proposal for a directive
–

The European Parliament rejects the Commission proposal.

Amendment 80 #

Virginie ROZIÈRE, Liisa JAAKONSAARI, Gianni PITTELLA, Udo BULLMANN, Nicola DANTI, Evelyne GEBHARDT

Proposal for a directive
–

The European Parliament rejects the Commission proposal.

Amendment 81 #

Proposal for a directive
Title 1

Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the legal and operational framework of the European services e-card introduced by Regulation ....[ESC Regulation].... ~~(Text with EEA relevance)~~ and for the coordination of provisions concerning the freedom of establishment and the freedom to provide certain services

Amendment 82 #

Dariusz ROSATI, Anna Maria CORAZZA BILDT, Mihai ŢURCANU

Proposal for a directive
Citation 1

Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 50(1), 53(1) and 62 thereof,

Amendment 83 #

Proposal for a directive
Recital 2

(2) Directive 2006/123/EC of the European Parliament and of the Council17 establishes general provisions facilitating the exercise of the freedom of establishment for service providers and the free movement of services. It provides inter alia that Member States should provide for administrative simplification, for instance offering electronic procedures via Points of Single Contact, simplifying existing procedures and the need for certified documents and making best use of a system of tacit approval. The Directive also sets a framework furthering the freedom to provide services on a temporary basis in another Member State, which will lead to increased mobility in the internal market and the cross-border development of services. _________________ 17 Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (OJ L 376, 27.12.2006, p. 36).

Amendment 84 #

Marco ZULLO, David BORRELLI, Dario TAMBURRANO, Laura AGEA

Proposal for a directive
Recital 3

(3) Directive 2006/123/EC requires Member States to put in place and keep constantly updated Points of Single Contacts where a service provider wishing to establish or to provide services can find all relevant information about requirements to be complied with and e-procedures in respect of all formalities, authorisation and notifications to go through. However, costly information challenges and difficulties complying with national procedures at a distance remain to date for service providers, namely for sector-related requirements. Cooperation between authorities in different Member States should in principle take place ~~via~~through a more complex and sophisticated version of the Internal Market Information System (IMI), an IT-platform offered for cross- border exchange of information and mutual assistance under that Directive. Despite the fact that authorities sometimes have doubts with regard to the legal establishment of a provider in another Member State, the possibilities for cooperation currently provided in IMI are not exploited to their full potential. Formalities associated with authorisations and notifications often require paper documents to be submitted and to be translated at a significant cost. Information regarding these obstacles is either not available online or is scarce, incomplete, dispersed and difficult to interpret in relation to the particular circumstances of a provider expanding across borders, as national rules often target purely domestic situations. Service providers often risk resubmitting information and documents. The IMI system should therefore be implemented with a public interface for service providers, interconnections with other relevant systems, a back-office function for national authorities, a better system for data matching, data mining and data processing so the authorities are able to carry out checks in real time and thereby limit the proliferation of fraudulent practices and letterbox companies.

Amendment 85 #

Marco ZULLO, David BORRELLI, Dario TAMBURRANO, Laura AGEA

Proposal for a directive
Recital 3 a (new)

(3a) To make applying for the European services e-card easier, the Commission should produce a standard model for each service type.Each model should take the specific nature of that particular service into account, so as to standardise the e-card application procedure and make it easier for service providers.The models should be included in the IMI system together with guidelines for their use.

Amendment 86 #

Proposal for a directive
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 87 #

Proposal for a directive
Recital 4

(4) Requirements remain in place which make expansion of service providers' operations across the internal market burdensome and unappealing, such as multiple and disparate authorisation schemes before different authorities, which, regarding establishment, fail to achieve mutual recognition of conditions previously complied with in other Member States or, regarding temporary cross-border provision of services apply disproportionate or unjustified restrictions. Furthermore self-employed workers providing cross-border services who need to have a specific professional qualification come up against further barriers in respect of recognition of their professional qualification. As a consequence, service providers face multiple and disproportionate compliance costs when going cross-border.

Amendment 88 #

Dariusz ROSATI, Anna Maria CORAZZA BILDT, Mihai ŢURCANU

Proposal for a directive
Recital 4

(4) Requirements remain in place which make expansion of service providers' operations across the internal market burdensome and unappealing, such as multiple and disparate authorisation schemes before different authorities, which, regarding establishment, fail to achieve mutual recognition of conditions previously complied with in other Member States or, regarding temporary cross-border provision of services apply disproportionate or unjustified restrictions. As a consequence, service providers face multiple and disproportionate compliance costs when going cross-border, and the formalities covered by the European e- card procedure would therefore lead to significant cost savings compared to the existing situation.

Amendment 89 #

Inese VAIDERE

Proposal for a directive
Recital 5

(5) Cross-border trade and cross-border investment in certain business ~~and~~including construction services are particularly low showing a potential for better integration of services markets with significant negative repercussions for the remaining part of the economy. This underperformance leads to situations where the potential for more growth and jobs in the Single Market has not been fully exploited.

Amendment 90 #

Proposal for a directive
Recital 5

(5) Cross-border trade and cross-border investment in certain ~~business and construction~~construction and business services are particularly low showing a potential for better integration of services markets with significant negative repercussions for the remaining part of the economy. This underperformance leads to situations where the potential for more growth and jobs in the Single Market has not been fully exploited.

Amendment 91 #

Inese VAIDERE

Proposal for a directive
Recital 7

(7) In order to make it easier to take up and pursue service activities, this Directive builds upon Directive 2006/123/EC but does in no way amend its rules. The scope of this Directive is even more limited compared to the scope laid down in the Services Directive. It specifically targets business ~~and~~including construction service sectors, where many obstacles to cross- border activities still remain. In addition, cross- border trade and investment in construction and several business services are low and both sectors have seen weak productivity growth over the last decade.

Amendment 92 #

Dariusz ROSATI, Anna Maria CORAZZA BILDT, Mihai ŢURCANU

Proposal for a directive
Recital 7

(7) In order to make it easier to take up and pursue service activities, this Directive builds upon Directive 2006/123/EC but does in no way amend its rules. The scope of this Directive is even more limited compared to the scope laid down in the Services Directive. It specifically targets ~~business and construction~~construction and business service sectors, where many obstacles to cross-border activities still remain. In addition, cross- border trade and investment in construction and several business services are low and both sectors have seen weak productivity growth over the last decade.

Amendment 93 #

Proposal for a directive
Recital 7

(7) In order to make it easier to take up and pursue service activities, this Directive builds upon Directive 2006/123/EC but does in no way amend its rules. The scope of this Directive is even more limited compared to the scope laid down in the Services Directive. It specifically targets business and construction service sectors, where many obstacles to cross-border activities still remain. In addition, cross- border trade and investment in construction and several business services are low and both sectors have seen weak productivity growth over the last decade. The Directive will not yet apply to the construction industry for the first two years.

Amendment 94 #

Dariusz ROSATI, Anna Maria CORAZZA BILDT, Mihai ŢURCANU

Proposal for a directive
Recital 7

(7) In order to make it easier to take up and pursue service activities, this Directive builds upon Directive 2006/123/EC but does in no way amend its rules. The scope of this Directive is even more limited compared to the scope laid down in the Services Directive. It specifically targets business and construction service sectors, where many obstacles to cross-border activities ~~still remain~~persist in the companies concerned. In addition, cross- border trade and investment in construction and several business services are low and both sectors have seen weak productivity growth over the last decade.

Amendment 95 #

Proposal for a directive
Recital 7 a (new)

(7 a) Other service sectors suffer from a similarly low level of cross-border trade and cross-border investment, do not have sector-specific legislation to allow their cross-border expansion and are important for business because of their role as service recipients.However, it is important to give time to the Commission to adapt the IMI to this Directive and to the Member States to adopt measures to implement the European services e- card.Therefore, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of extending the scope of this Directive to those other sectors at later stage under specific conditions.

Amendment 96 #

Marco ZULLO, David BORRELLI, Dario TAMBURRANO, Laura AGEA

Proposal for a directive
Recital 10

Amendment 97 #

Proposal for a directive
Recital 10 a (new)

(10a) This Directive should apply only to undertakings that supply services. Provision of services on a temporary basis by self-employed workers should be made subject to recognition of their professional qualifications under Directive 2005/36/EC of the Parliament and of the Council.

Amendment 98 #

Marco ZULLO, David BORRELLI, Dario TAMBURRANO, Laura AGEA

Proposal for a directive
Recital 11

(11) This Directive also includes a framework for the validity and the reasons for suspending or revoking a European services e-card throughout the European Union. WFor service providers applying for a temporary cross-border provision, the validity of the e-card should be set at 36 months. Service providers applying to provide services through branches, agencies and offices should be eligible for an e-card of indefinite duration. Furthermore, whenever a service provider cannot legally continue to provide services across borders, the reason for which it initially applied for an e-card, that same e- card should be suspended or revoked, accordingly.

Amendment 99 #

Dariusz ROSATI, Anna Maria CORAZZA BILDT, Mihai ŢURCANU

Proposal for a directive
Recital 12

(12) The main purpose of the European services e-card is to introduce a uniform and simplified procedure for service providers wishing to expand provision of services across internal market borders. The e-card represents an electronic certificate stating that a service provider is legally established in a Member State (the home Member State). Host Member States ~~where~~to which a service provider is interested in expanding to should furthermore not apply, to holders of an e-card, their prior authorisation or notifications schemes put in place under national law, provided that they comply with the principles and standards laid down in Directive 2005/36/EC on professional qualifications, to control access to or exercise of service activities, which is already the object of control before issue of a European services e-card.

source: 615.306

2017/12/04 IMCO 27 amendments...

Amendment 234 #

Proposal for a directive
Annex I – title

Services to which Chapters II and III of this Directive appl~~ies~~y

Amendment 235 #

Proposal for a directive
Annex I – Section F

- Division 41 Construction of buildings Group 41.1 Development of building projects Group 41.2 Construction of residential and non-residential buildings Division 42 Civil engineering Group 42.1 Construction of roads and railways Group 42.2 Construction of utility projects Group 42.9 Construction of other civil engineering projects Division 43 Specialised construction activities Group 43.1 Demolition and site preparation Group 43.1 Electrical, plumbing and other construction installation activities, with the exclusion of installation, servicing, maintenance, repair or decommissioning by natural persons of equipment that contains fluorinated greenhouse gases listed in points (a) to (d) of Article 4(2) of Regulation (EU) 517/2014 Group 43.3 Building completion and finishing Group 43.9 Other specialised construction activitiesdeleted

Amendment 236 #

Proposal for a directive
Annex I – Section F – Division 41

~~Division 41 Construction of buildings Group 41.1 Development of building projects Group 41.2 Construction of residential and non-residential buildings~~deleted

Amendment 237 #

Proposal for a directive
Annex I – Section F – Division 41 – Group 41.1

~~Group 41.1 Development of building projects~~deleted

Amendment 238 #

Proposal for a directive
Annex I – Section F – Division 41 – Group 41.2

~~Group 41.2 Construction of residential and non-residential buildings~~deleted

Amendment 239 #

Proposal for a directive
Annex I – Section F – Division 42

~~Division 42 Civil engineering Group 42.1 Construction of roads and railways Group 42.2 Construction of utility projects Group 42.9 Construction of other civil engineering projects~~deleted

Amendment 240 #

Proposal for a directive
Annex I – Section F – Division 42 – Group 42.1

~~Group 42.1 Construction of roads and railways~~deleted

Amendment 241 #

Proposal for a directive
Annex I – Section F – Division 42 – Group 42.2

~~Group 42.2 Construction of utility projects~~deleted

Amendment 242 #

Proposal for a directive
Annex I – Section F – Division 42 – Group 42.9

~~Group 42.9 Construction of other civil engineering projects~~deleted

Amendment 243 #

Proposal for a directive
Annex I – Section F – Division 43

Amendment 244 #

Proposal for a directive
Annex I – Section F – Division 43 – Group 43.1

~~Group 43.1 Demolition and site preparation~~deleted

Amendment 245 #

Proposal for a directive
Annex I – Section F – Division 43 – Group 43.2

Group 43.2 Electrical, plumbing and other construction installation activities, with the exclusion of installation, servicing, maintenance, repair or decommissioning by natural persons of equipment that contains fluorinated greenhouse gases listed in points (a) to (d) of Article 4(2) of Regulation (EU) 517/2014deleted

Amendment 246 #

Proposal for a directive
Annex I – Section F – Division 43 – Group 43.3

~~Group 43.3 Building completion and finishing~~deleted

Amendment 247 #

Andreas SCHWAB, Markus FERBER

Proposal for a directive
Annex I – Section F – Division 43 – Group 43.9

~~Group 43.9 Other specialised construction activities~~deleted

Amendment 248 #

Proposal for a directive
Annex I – Section M – Division 69 – Group 69.2

Group 69.2 Accounting, bookkeeping and auditing activities; tax consultancy, with the exclusion of statutory auditing as defined in Article 2(1) of Directive 2006/43/EC and other services reserved, under the law of the Member States concerned, to statutory auditors as defined in Article 2(2) of Directive2006/43/EC and or to audit firms, as defined in Article 2(3) of Directive 2006/43/EC.

Amendment 249 #

Proposal for a directive
Annex I – Section M – Division 71

~~Division 71 Architectural and engineering activities; technical testing and analysis Group 71.1 Architectural and engineering activities and related technical consultancy~~deleted

Amendment 250 #

Proposal for a directive
Annex I – Section M – Division 71 – Group 71.1

~~Group 71.1 Architectural and engineering activities and related technical consultancy~~deleted

Amendment 251 #

Proposal for a directive
Annex I – Section M – Division 74 – Group 74.1

~~Group 74.1 Specialised design activities~~deleted

Amendment 252 #

Proposal for a directive
Annex I – Section M – Division 74 – Group 74.9

~~Group 74.9 Other professional, scientific and technical activities n.e.c.~~deleted

Amendment 253 #

Proposal for a directive
Annex I – Section N – Division 78 – Group 78.2 (new)

78.2 Services of labour market except services of temporary work agencies

Amendment 254 #

Proposal for a directive
Annex I – Section N – Division 80 – Group 80.4 (new)

80.4. Sale, delivery, installation and maintenance of technical security devices or security systems services activities

Amendment 255 #

Proposal for a directive
Annex I – Section N – Division 80 – Group 80.5 (new)

80.5 Private detectives services

Amendment 256 #

Dariusz ROSATI, Anna Maria CORAZZA BILDT, Ivan ŠTEFANEC, Mihai ŢURCANU

Proposal for a directive
Annex I – Section N – Division 81 – Group 81.4 (new)

81.4 Household support services

Amendment 257 #

Proposal for a directive
Annex I – Section N – Division 82 – Group 82.4 (new)

Group 82.4. Registration of a branch, agency, office

Amendment 258 #

Dariusz ROSATI, Anna Maria CORAZZA BILDT, Ivan ŠTEFANEC, Mihai ŢURCANU

Proposal for a directive
Annex I – Section N – Division 82 – Group 82.5 (new)

82.5 VAT registration

Amendment 259 #

Dariusz ROSATI, Anna Maria CORAZZA BILDT, Ivan ŠTEFANEC, Mihai ŢURCANU

Proposal for a directive
Annex I – Section N – Division 82 – Group 82.6 (new)

82.6 Registration for social security purposes

Amendment 260 #

Dariusz ROSATI, Anna Maria CORAZZA BILDT, Mihai ŢURCANU

Proposal for a directive
Annex I a (new)

ANNEX Ia Services to which Chapter IIIa of this Directive applies Service activities included in the statistical classification of economic activities in the European Community (NACE Rev.2) under: - Section F Construction Division 41 Construction of buildings Group 41.1 Development of building projects Group 41.2 Construction of residential and non-residential buildings Division 42 Civil engineering Group 42.1 Construction of roads and railways Group 42.2 Construction of utility projects Group 42.9 Construction of other civil engineering projects Division 43 Specialised construction activities, with the exclusion of installation, servicing, maintenance, repair, checking for leaks or decommissioning of equipment that contains fluorinated greenhouse gases or whose functioning relies upon those gases for which certification or attestation is required under Articles 3(4) and 10 of Regulation (EU) 517/2014, by natural persons holding a certificate or a training attestation in accordance with Article 10 of that Regulation or by undertakings that hold the relevant certificates or attestations in accordance with that same Article 10 or undertakings that employ persons holding a certificate or a training attestation in accordance with that same Article 10 Group 43.1 Demolition and site preparation Group 43.2 Electrical, plumbing and other construction installation activities Group 43.3 Building completion and finishing Group 43.9 Other specialised construction activities - Section M Professional, scientific and technical activities Division 69 Legal and accounting activities Group 69.2 Accounting, bookkeeping and auditing activities apart from statutory auditing as defined in paragraph 1 of Directive 2006/43/EC. Tax consultancy activities are also excluded from Annex II. Tax consultancy activities include the preparation of personal and business income tax returns, advisory activities and representation on behalf of clients before tax authorities and other tax consultancy services. Division 71 Architectural and engineering activities; technical testing and analysis Group 71.1 Architectural and engineering activities and related technical consultancy Architectural activities primarily consisting of planning, designing and overseeing the construction of buildings and other physical structures. A service performed by a natural person making use of evidence of formal qualifications listed in part 7 of Annex V of Directive 2005/36/EC shall be considered an architectural service; Engineering activities and related technical consultancy primarily consisting of: – planning, designing and overseeing the construction of buildings and other physical structures; – planning, designing, overseeing and analysing the structure of buildings and other physical structures with consideration for its strength, stiffness, and stability;– designing, analysing and maintaining mechanical systems by applying principles of engineering, physics and materials science; – dealing with electricity, electronics and electromagnetism by applying principles of engineering and physics.

source: 615.307

2017/12/06 JURI 136 amendments...

Amendment 1 #

Gilles LEBRETON, Mylène TROSZCZYNSKI, Marie-Christine BOUTONNET

Proposal for a directive
–

The Committee on Legal Affairs calls on the Committee on the Internal Market and Consumer Protection, as the committee responsible, to propose rejection of the Commission proposal.

Amendment 10 #

Proposal for a directive
Recital 5

(5) Cross-border trade and cross-border investment in certain business and construction services are particularly low showing a potential for better integration of services markets with significant negative repercussions for the remaining part of the economy. This underperformance leads to situations where the potential for more growth and jobs in the Single Market has not been fully exploited. Given the large potential for growth and jobs that remains to be exploited, the provisions of this Directive and of Regulation... [ESC Regulation]... will result in faster productivity growth and a more efficient allocation of resources in the EU services markets. Eliminating remaining obstacles to more cross-border activities, especially in services for companies and the building sector, will help to strengthen competition, resulting in more choice and better prices for consumers, as well as more competitive services sectors creating new jobs, promoting productivity and ensuring a more attractive climate for investment and innovation. Moreover, given that services account for 40 % of the value of a final product in the EU, a more efficient services markets will boost industrial competitiveness.

Amendment 100 #

Proposal for a directive
Article 12 – paragraph 2 a (new)

2a. Before issuing the objection by the coordinating authority of the host Member State, the applicant shall have a possibility to fulfil the requirements to which he was not obliged in the home Member State. In that case, the time-limit referred to in paragraph 1, shall automatically be extended by two additional weeks. 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 home Member State to the effect that failure to fulfil requirements by applicant shall imply that the European services e-card shall not be issued to the applicant.

Amendment 101 #

Proposal for a directive
Article 12 – paragraph 3 – subparagraph 1

Amendment 102 #

Proposal for a directive
Article 12 – paragraph 4

Amendment 103 #

Proposal for a directive
Article 12 – paragraph 6 – subparagraph 1

Amendment 104 #

Gilles LEBRETON, Mylène TROSZCZYNSKI, Marie-Christine BOUTONNET

Proposal for a directive
Article 12 – paragraph 6 – subparagraph 2

~~Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 19(2).~~deleted

Amendment 105 #

Proposal for a directive
Article 13

~~[...]~~deleted

Amendment 106 #

Proposal for a directive
Article 13 – paragraph 1 – subparagraph 1

Amendment 107 #

Proposal for a directive
Article 13 – paragraph 1 – subparagraph 2

The host Member State shall immediately inform the applicant and the coordinating authority of the home Member State of the prior authorisation or prior notification scheme in question, the conditions which the applicant is required to comply with and of the necessity and proportionality thereof.deleted

Amendment 108 #

Proposal for a directive
Article 13 – paragraph 1 – subparagraph 2

The host Member State shall immediately inform the applicant and the coordinating authority of the home Member State of the prior authorisation or prior notification scheme in question, the conditions which the applicant is required to comply with ~~and of the necessity and proportionality thereof~~.

Amendment 109 #

Proposal for a directive
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 11 #

Proposal for a directive
Recital 7

(7) In order to make it easier to take up and pursue service activities, this Directive builds upon Directive 2006/123/EC but does in no way amend its rules. The scope of this Directive is even more limited compared to the scope laid down in the Services Directive. It specifically targets business and construction service sectors, where many obstacles to cross-border activities still remain. In addition, cross- border trade and investment in construction and several business services are low and both sectors have seen weak productivity growth over the last decade.

Amendment 110 #

Proposal for a directive
Article 13 – paragraph 4 – subparagraph 1

Amendment 111 #

Proposal for a directive
Article 13 – paragraph 4 – subparagraph 1

The co~~ordinating~~mpetent authority of the host Member State shall assess, within ~~one~~two weeks upon receipt of proof of compliance with the conditions identified in accordance with paragraph 1, whether to issue the European services e-card or reject the application for the European services e- card.

Amendment 112 #

Proposal for a directive
Article 13 – paragraph 4 – subparagraph 2

In case the co~~ordinating~~mpetent authority of the host Member State decides to issue the European services e-card, it shall do so without delay.

Amendment 113 #

Proposal for a directive
Article 13 – paragraph 4 – subparagraph 3

Alternatively, the co~~ordinating~~mpetent authority of the host Member State may inform the applicant and the co~~ordinating~~mpetent authority of the home Member State of its intention to reject the application, in which case the applicant shall have a two weeks to present its observations.

Amendment 114 #

Proposal for a directive
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 week, whether to issue the European services e- card or reject the application for the European services e-card. A declaration of intention to reject the application and the decision rejecting the application, notified to the applicant for a European services e- card through the electronic platform on which the standard application form is made available, must be fully reasoned, specifying which of the conditions specified under paragraph (1) was not considered to be fulfilled by the applicant and why.

Amendment 115 #

Proposal for a directive
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 co~~ordinating~~mpetent authority of the host Member State shall decide, within one week, whether to issue the European services e- card or reject the application for the European services e-card. Rejection of an application shall always be justified.

Amendment 116 #

Proposal for a directive
Article 13 – paragraph 4 – subparagraph 4

Amendment 117 #

Proposal for a directive
Article 13 – paragraph 5 – subparagraph 1

Amendment 118 #

Proposal for a directive
Article 13 – paragraph 5 – subparagraph 1

Amendment 119 #

Proposal for a directive
Article 13 – paragraph 5 – subparagraph 2

Clarifications and additional information ~~shall~~may be requested in accordance with the procedure laid down in accordance with paragraph 7.

Amendment 12 #

Proposal for a directive
Recital 8

(8) All matters, activities and fields excluded from the scope of Directive 2006/123/EC should remain excluded from the scope of this Directive. In particular, this Directive does not affect matters, activities and fields such as those deriving from taxation, social security and labour law, including any legal or contractual provision concerning employment conditions, working conditions~~, including health and safety at work and the relationship between employers and workers~~ and employment categories (such as the posting of workers, workers' rights and the social pillar), including health and safety at work and the relationship between employers and workers. The provisions of this directive do not change or put into question existing safeguards in this respect. Equally this Directive does not affect the social security or environmental protection legislation of the Member States. This Directive is also without prejudice to any provision stemming from competition law as well as any rule on the applicable law or jurisdiction pursuant to private international law.

Amendment 120 #

Proposal for a directive
Article 13 – paragraph 7

Amendment 121 #

Proposal for a directive
Article 13 – paragraph 9 – subparagraph 1

~~Member States shall not require application for a registration of a branch under company law as a precondition to assess the application for a European services e-card for establishment.~~deleted

Amendment 122 #

Proposal for a directive
Article 13 – paragraph 10 – subparagraph 1

Amendment 123 #

Gilles LEBRETON, Mylène TROSZCZYNSKI, Marie-Christine BOUTONNET

Proposal for a directive
Article 13 – paragraph 10 – subparagraph 2

~~Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 19(2).~~deleted

Amendment 124 #

Proposal for a directive
Article 14

Once-only principle in the home Member 1. Coordinating authorities in the home Member State shall not require providers to provide information and documents which are available to those authorities in accordance with paragraph 2 of this Article or Article 14(3) of Regulation ….[ESC Regulation]….. when applying for a European services e-card or to prove compliance, in the context of a European services e-card for establishment, with conditions identified by the coordinating authority of the host Member State in accordance with Article 13(1). 2. The coordinating authority in the home Member State shall obtain the information and documents required for the purposes referred to in paragraph 1 which are available to other authorities in the home Member State or originate from those authorities, in accordance with the rules on the protection of personal data as provided for in Directive 95/46/EC, Regulation (EU) No 2016/679 and national legislation.Article 14 deleted State

Amendment 125 #

Proposal for a directive
Article 15 – paragraph 2 – point iii

Amendment 126 #

Proposal for a directive
Article 15 – paragraph 2 – point iv

Amendment 127 #

Gilles LEBRETON, Mylène TROSZCZYNSKI, Marie-Christine BOUTONNET

Proposal for a directive
Article 17 – paragraph 5 – subparagraph 1

CFor the purposes of administrative cooperation based, inter alia, on the regular updating of information, the coordinating authorities shall exchange information on their own initiative and give assistance to other coordinating authorities in relation to events that have come to their knowledge which may determine a suspension or revocation of the European services e-card in question or the need to otherwise update its content.

Amendment 128 #

Proposal for a directive
Article 17 – paragraph 7

Amendment 129 #

Proposal for a directive
Article 17 – paragraph 7 – subparagraph 1

The Commission shall adopt technical rules for the processing of suspensions, revocations, updates and cancelations of European services e-cards by means of implementing acts, including provisions on the introduction and withdrawal of alerts of possible suspension and revocation and on the interconnection between these procedures and the alert mechanism set up under Article 32 of Directive 2006/123/EC as well as the interconnection between a valid European services e-card and the procedure for case-by-case derogations in accordance with Article 18 of Directive 2006/123/EC.deleted

Amendment 13 #

Proposal for a directive
Recital 9

(9) For reasons of coherence, possible conflicts between the present Directive and other EU acts governing specific aspects of access to or exercise of a service activity in a specific sector should be solved as provided for in Article 3 of Directive 2006/123/EC for conflicts between that Directive and such acts, with the application of those other acts. As a result, the provisions in the present Directive cannot be relied upon in order to justify prior authorisation schemes, prior notification schemes or establishment requirements which are prohibited by other EU acts governing specific aspects of access to or exercise of a service activity in a specific sector such as Directive 2000/31/EC of the European Parliament and of the Council18. As a further result, this Directive does in no way affect the ~~obligations~~rights of service providers and the obligations they should respect in accordance with Directive 96/71/EC of the European Parliament and of the Council19 and Directive 2014/67/EU of the European Parliament and of the Council20. The rules on the posting of workers under Directive 96/71/EC and Directive 2014/67/EU will therefore continue to apply in the context of the European services e-card. _________________ 18 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce in the internal market (OJ L178, 17.7.2000, p. 1). 19 Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (OJ L 18, 21.1.1997, p. 1). 20 Directive 2014/67/EU of the European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System ( ‘the IMI Regulation’ ) (OJ L 159, 28.5.2014, p. 11).

Amendment 130 #

Proposal for a directive
Article 18 – paragraph 1

1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016.

Amendment 131 #

Gilles LEBRETON, Mylène TROSZCZYNSKI, Marie-Christine BOUTONNET

Proposal for a directive
Article 20 – paragraph 1

The Commission, with Member States, social partners and other relevant stakeholders, will establish monitoring arrangements to monitor and assess the implementation and impacts of this Directive, in particular how it impacts freedom of establishment and freedom to provide services across Member States for the service activities covered, namely by reducing bureaucratic obstacles and costs for providers, enhancing transparency about providers expanding cross-border and increasing competition and competitiveness, and how it impacts prices and quality of the services concerned, considering relevant indicators.

Amendment 132 #

Proposal for a directive
Article 21

By [24 months after the date for transposition of this Directive] the Commission shall carry out an assessment of the appropriateness of additional measures to coordinate provisions concerning the freedom of establishment and the freedom to provide services for which a European services e-card has been introduced. By 36 months after the date for transposition of this Directive and at the latest every five years thereafter, the Commission shall carry out an evaluation of this Directive and submit to the European Parliament and the Council a report on its performance. That report shall consider the need to adapt the procedures for issuing, updating, suspending or revoking a European services e-card taking into account the latest developments in e-Government and shall be included in the report assessing the overall performance of Regulation …[ESC Regulation]… in line with its Article 19.Article 21 deleted Review clause

Amendment 133 #

Proposal for a directive
Article 23 – paragraph 1

This Directive shall enter into force ~~on the [twentieth] day~~after [three] years following thate day of its publication in the Official Journal of the European Union.

Amendment 134 #

Proposal for a directive
Annex I – paragraph 1 – part 4 – paragraph 6 – subparagraph 3 a (new)

Group 82.4. registration of a branch, agency, office

Amendment 135 #

Proposal for a directive
Annex I – paragraph 1 – part 4 – paragraph 6 – subparagraph 3 b (new)

82.5 VAT registration

Amendment 136 #

Proposal for a directive
Annex I – paragraph 1 – part 4 – paragraph 6 – subparagraph 3 c (new)

82.6 registration for social security purposes

Amendment 14 #

Gilles LEBRETON, Mylène TROSZCZYNSKI, Marie-Christine BOUTONNET

Proposal for a directive
Recital 10

(10) This Directive clarifies the conditions under which service providers concerned can benefit from the European services e-card introduced by Regulation …[ESC Regulation]…, which respective role the home and the host Member State should have and which actions of the home Member State should be accepted by a host Member State. The European services e- card is a voluntary instrument for the service provider. Service providers consequently remain free to decide whether or not to apply for and make use of such a card. In addition, Member States must ensure that they do not treat service providers less favourably or discriminate against them, depending on whether or not they decide to avail themselves of the European services e- card.

Amendment 15 #

Proposal for a directive
Recital 12

(12) The main purpose of the European services e-card is to introduce a uniform and simplified procedure for service providers wishing to expand provision of services across internal market borders. The e-card represents an electronic certificate stating that a service provider is legally established in a Member State (the home Member State). Host Member States where a service provider is interested in expanding to should furthermore not apply, to holders of an e-card, their prior authorisation or notifications schemes put in place under national law to control access to or exercice of service activities, which is already the object of control before issue of a European services e- card.deleted

Amendment 16 #

Proposal for a directive
Recital 12

(12) The main purpose of the European services e-card is to ensure administrative simplification, through the introducetion of a uniform and simplified procedure for service providers wishing to expand ~~provision of services across internal market borders~~their operations across national borders within the internal market, commencing in the home Member State and following the same procedural workflow, irrespective of the host Member State or the service in question, being designed specifically for crossborder situations and leading to certification in the form of a European services e-card. The e-card therefore represents an electronic certificate stating that a service provider is legally established in a Member State (the ~~home Member State)~~Member State of origin) and is entitled to start providing services in the host Member State and continue to do so for the duration of the validity of the European services e-card. Host Member States where a service provider is interested in expanding to should furthermore not apply, to holders of an e- card, their prior authorisation or notifications schemes put in place under national law to control access to or exercicse of service activities, which is already the object of control before issue of a European services e-card.

Amendment 17 #

Gilles LEBRETON, Mylène TROSZCZYNSKI, Marie-Christine BOUTONNET

Proposal for a directive
Recital 12

(12) The main purpose of the European services e-card is to introduce a uniform and simplified procedure for service providers wishing to expand provision of services across internal market borders. The e-card represents an electronic certificate stating that a service provider is legally established in a Member State (the home Member State). Host Member States where a service provider is interested in expanding to ~~should furthermore not~~may apply, to holders of an e- card, their prior authorisation or notifications schemes put in place under national law to control access to or exercicse of service activities, which is already the object of control before issue of a European services e-card.

Amendment 18 #

Amendment 19 #

Gilles LEBRETON, Mylène TROSZCZYNSKI, Marie-Christine BOUTONNET

Proposal for a directive
Recital 15

Amendment 2 #

Evelyne GEBHARDT, Evelyn REGNER, Sylvia-Yvonne KAUFMANN, Liisa JAAKONSAARI, Virginie ROZIÈRE

Proposal for a directive
–

The Committee on Legal Affairs calls on the Committee on the Internal Market and Consumer Protection, as the committee responsible, to propose rejection of the Commission proposal.

Amendment 20 #

Gilles LEBRETON, Mylène TROSZCZYNSKI

Proposal for a directive
Recital 16

(16) Furthermore, the requirements for service providers who are limited liability companies to disclose certain company information according to Directive 2009/101/EC of the European Parliament and of the Council22and Council Directive 89/666/EEC23, and any requirements or controls imposed by national rules on registration of branches of companies registered in another Member State under company law should not be covered by a European services e-card procedure, which is meant to address sector-specific matters in the framework of Directive 2006/123/EC. _________________ 22Directive 2009/101/EC of the European Parliament and of the Council of 16 September 2009 on coordination of safeguards which, for the protection of the interests of members and third parties, are required by Member States of companies within the meaning of the second paragraph of Article 48 of the Treaty, with a view to making such safeguards equivalent (OJ L 258, 1.10.2009, p. 11). 23 Council Directive 89/666/EEC of 21 December 1989 concerning disclosure requirements in respect of branches opened in a Member State by certain types of company governed by the law of another State (OJ L 395, 30.12.1989, p. 36).deleted

Amendment 21 #

Gilles LEBRETON, Mylène TROSZCZYNSKI, Marie-Christine BOUTONNET

Proposal for a directive
Recital 17

Amendment 22 #

Gilles LEBRETON, Mylène TROSZCZYNSKI, Marie-Christine BOUTONNET

Proposal for a directive
Recital 18

(18) In addition, Member States should not be allowed to impose on holders of a European services e-card any service provision related authorisation or notification schemes prior to a service provision. Member States should not repeat, wholly or partially, controls previously performed in the context of issuing the European services e-card once provision of services has started in the host Member State. Authorisation or notification schemes such as those deriving from taxation, social security and labour law shall remain applicable as such matters are excluded from the scope of this Directive. Ex-post checks, inspections and investigations initiated by competent authorities should however remain admissible to control service performance, as under current EU Law. If such controls reveal serious breaches of requirements applicable in a host Member State, this could lead to the suspension or revocation of the European services e- card.deleted

Amendment 23 #

Gilles LEBRETON, Mylène TROSZCZYNSKI, Marie-Christine BOUTONNET

Proposal for a directive
Recital 18

(18) In addition, Member States should not be allowed to impose on holders of a European services e-card any service provision related authorisation or notification schemes prior to a service provision. Member States should not repeat, wholly or partially, controls previously performed in the context of issuing the European services e-card once provision of services has started in the host Member State. Authorisation or notification schemes such as those deriving from taxation, social security and labour law shall remain applicable as such matters are excluded from the scope of this Directive. Ex-post checks, inspections and investigations initiated by competent authorities should however remain admissible to control service performance, as under current EU Law. If such controls reveal serious breaches of requirements applicable in a host Member State, this cshould lead to the suspension or revocation of the European services e-card.

Amendment 24 #

Proposal for a directive
Recital 19

(19) Directive 2013/55/EU, of the European Parliament and of the Council, of 20 November 201324introduced a legislative framework for the European professional card, meant to grant to professionals who obtain the right to pursue the same profession for which they previously established in a (home) Member State in another (host) Member State, either temporarily or through a secondary establishment. The European services e-card, as a procedure meant for a wide variety of services and not addressing issues related to professional qualifications, should thus not apply to those services for which a specific European professional card was introduced, except if sector-specific requirements and their controls, unrelated to recognition of professional qualifications, are left in place for secondary establishment of a particular profession. _________________ 24 Directive 2013/55/EU, of the European Parliament and of the Council, of 20 November 2013, amending Directive 2005/36/EC on the recognition of professional qualifications and Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System (‘the IMI Regulation’) (OJ L 354, 28.12.2013, p. 132).deleted

Amendment 25 #

Gilles LEBRETON, Mylène TROSZCZYNSKI, Marie-Christine BOUTONNET

Proposal for a directive
Recital 20

(20) In order to concentrate actions and decisions within a Member State and facilitate cooperation between different competent authorities in home and host Member States, a coordinating authority in the home Member State and in the host Member State should ultimately be responsible for handling issues related to the European services e-card, thus coordinating the input from the different competent national authorities and acting as a contact point with its counterparts in other Member States. The application for a European services e-card should thus be submitted to the coordinating authority of the home Member State.deleted

Amendment 26 #

Gilles LEBRETON, Mylène TROSZCZYNSKI, Marie-Christine BOUTONNET

Proposal for a directive
Recital 21

(21) There are two types of European services e-cards offered to service providers: a simpler procedure for temporary cross-border provision of services into other Member States, essentially controlling their previous establishment in the home Member State and allowing a host Member State to object to temporary provision of cross- border services only due to overriding reasons of public interests, and a more complex one, framing the control by host Member States of an economic activity in their territory for an indefinite period through secondary establishment in the form of branches, agencies or offices, in order to ensure, in a simplified workflow, mutual recognition is performed properly and expeditiously.deleted

Amendment 27 #

Gilles LEBRETON, Mylène TROSZCZYNSKI, Marie-Christine BOUTONNET

Proposal for a directive
Recital 24

(24) The coordinating authority of the home Member State should, upon receiving an application for a European services e-card, ~~complete it and validate its contents in order to accurately demonstrate legal establishment~~verify whether the applicant is established de jure and de facto in the territory of the Member State of origin and whether the documents necessary to complete the application and validate its contents are valid and correct, so as to define precisely the legal establishment and the circumstances of the provider in ~~its~~his or her home Member State ~~and describe its circumstances in a manner conducive for~~, thereby enabling the authorities of the host Member State~~s' authorities~~ to pursue their own controls. While inaction on the part of the applicant should lead to a halt in the procedure, inaction on the part of the home Member State's authorities should give way to judicial redress.

Amendment 28 #

Proposal for a directive
Recital 25

(25) In order to ensure uniform implementation of this Directive in relation to the technical aspects of handling and processing applications for European services e-cards, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council25. These implementing rules should determine the automatic cancellation of an application for a European services e-card if the respective procedure is suspended for a considerable lapse of time due to inaction on the part of the applicant. _________________ 25 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).deleted

Amendment 29 #

Proposal for a directive
Recital 25

(25) In order to ensure uniform implementation of this Directive in relation to the technical aspects of handling and processing applications for European services e-cards, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council25 . These implementing rules should determine the automatic cancellation of an application for a European services e-card if the respective procedure is suspended for a considerable lapse of time due to inaction on the part of the applicant. _________________ 25Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).deleted

Amendment 3 #

Pascal DURAND

Proposal for a directive
–

The Committee on Legal Affairs calls on the Committee on the Internal Market and Consumer Protection, as the committee responsible, to propose rejection of the Commission proposal.

Amendment 30 #

Gilles LEBRETON, Mylène TROSZCZYNSKI, Marie-Christine BOUTONNET

Proposal for a directive
Recital 26

(26) A coordinating authority of the host Member State should provide clarity as to which requirements apply to the incoming service provider, considering the latter is already established in another Member State. The coordinating authority of the host Member State should ensure the provider knows which requirements govern performance of services in the host Member States, including those applicable once it obtains the European services e- card. Information concerning these requirements should be included in the application forms. For establishment, i.e., provision of services through branches, agencies or offices, the identification of applicable requirements by the coordinating authority of the host Member State fulfils a different purpose: it lists the requirements the compliance of which the incoming service provider is required to prove before the e- card can be issued.

Amendment 31 #

Proposal for a directive
Recital 29

(29) For provision of temporary cross- border services, given that Article 16 of Directive 2006/123/EC admits requirements for the generality of services covered by this Directive, host Member States should be allowed to object to the issue of a European services e-card by the home Member State in those cases where the circumstances of the applicant give rise to genuine and sufficiently serious threats to public interests related to public policy, public security, public health or the protection of the environment, in a manner which cannot be suitably and sufficiently addressed by requirements and controls applicable once service provision starts. This should be the case when a prior authorisation scheme or prior notification for temporary provision of the services in question is in place, justified in proportionate terms under one of those four overriding reasons of public interest safeguarded under Article 16 of Directive 2006/123/EC and when the conditions met by the applicant in its home Member State cannot be considered equivalent to the ones required in the host Member State for the granting of that prior authorisation. The possibilities and prerrogatives of host Member States under Article 16 of Directive 2006/123/EC apply in the context of issuing a European services e-card.deleted

Amendment 32 #

Gilles LEBRETON, Mylène TROSZCZYNSKI, Marie-Christine BOUTONNET

Proposal for a directive
Recital 30

(30) IMI should enable the Commission to become aware of objections raised by host Member States before the issue of European services e- card procedures for temporary cross- border provision of services, in the context of prior authorisation or prior notification schemes that should also have been previously notified under Directive ………[forthcoming Notification Directive]…….. This information on the effective application of the notified authorisation schemes may be used by the Commission to trigger any enforcement action or to launch any enquiries. It is without prejudice to the rights of applicants to submit a complaint to Commission services alleging a potential breach of EU law by way of the objection in question.deleted

Amendment 33 #

Gilles LEBRETON, Mylène TROSZCZYNSKI, Marie-Christine BOUTONNET

Proposal for a directive
Recital 31

(31) For establishment, host Member States should be allowed to impose on e- card applicants their own requirements, non-discriminatory, justified under overriding reasons of public interest and proportionate in compliance with Directive 2006/123/EC and other EU legislation concerned. Sector-specific EU legislation governing certain services covered by this Directive, such as services of travel agencies under Directive (EU) 2015/2302, of the European Parliament and of the Council26, and services of installation of energy-related building elements under Directive 2012/27/EU of the European Parliament and of the Council27, in so far as the controls do not pertain to recognition of professional qualifications in the framework of Directive 2005/36/EC, should be taken into consideration. _________________ 26Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and linked travel arrangements, amending Regulation (EC) No 2006/2004 and Directive 2011/83/EU of the European Parliament and of the Council and repealing Council Directive 90/314/EEC (OJ L 326, 11.12.2015, p. 1). 27Directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012 on energy efficiency amending Directives 2009/125/EC and 2010/30/EU and repealing Directives 2004/8/EC and 2006/32/EC (OJ L315, 14.11.2012, p.1).deleted

Amendment 34 #

Gilles LEBRETON, Mylène TROSZCZYNSKI, Marie-Christine BOUTONNET

Proposal for a directive
Recital 32

(32) Equivalence between requirements of a host Member State and those requirements of the home Member State the applicant has already complied should be an integral part of this assessment. In order to facilitate the assessment of the equivalence of requirements in home and host Member States, where the authority of the host Member State declares its intention to refuse an e-card for establishment, the applicant should have a renewed possibility to prove that it meets the conditions laid down in the prior authorisation or prior notification on the basis of which the authorities of the host Member States base their intention to refuse the e-card, including through requirements to which the applicant is subject in the home Member State and which they deem to be equivalent.deleted

Amendment 35 #

Gilles LEBRETON, Mylène TROSZCZYNSKI, Marie-Christine BOUTONNET

Proposal for a directive
Recital 33

Amendment 36 #

Proposal for a directive
Recital 34

(34) In order to lay down the procedure for requesting such information, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of specifying the procedural workflow and its impact on the applicable time-limits for decisions to be made in the context of issuing a European services e-card. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.deleted

Amendment 37 #

Gilles LEBRETON, Mylène TROSZCZYNSKI, Marie-Christine BOUTONNET

Proposal for a directive
Recital 34

(34) In order to lay down the procedure for requesting such information, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of specifying the procedural workflow and its impact on the applicable time-limits for decisions to be made in the context of issuing a European services e-card. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level, and ~~that those consultation~~particularly with interested parties in the sectors covered by this Directive, and that this be cdon~~ducted~~e in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts and interested parties, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

Amendment 38 #

Proposal for a directive
Recital 35

Amendment 39 #

Gilles LEBRETON, Mylène TROSZCZYNSKI, Marie-Christine BOUTONNET

Proposal for a directive
Recital 37

Amendment 4 #

Gilles LEBRETON, Mylène TROSZCZYNSKI, Marie-Christine BOUTONNET

Proposal for a directive
–

The Committee on Legal Affairs calls on the Committee on Internal Market and Consumer Protection, as the committee responsible, to propose rejection of the Commission proposal.

Amendment 40 #

Proposal for a directive
Recital 38

(38) Service providers should not be required to provide information and documents which are already in the possession of other authorities in the home Member State, irrespective of administrative levels or divisions. It should also be the case when interconnection of national registers (e.g. central, commercial and companies' registers as required by Directive 2009/101/EC or insolvency registers under Regulation (EU) 2015/848 of the European Parliament and of the Council28) allows for information and documents to be retrieved by the administration of the home Member State from other Member States. In all instances when personal data are processed under this Directive, rules on protection of personal data of Directive 95/46/EC of the European Parliament and of the Council29[, Regulation (EU) 2016/679 of the European Parliament and of the Council30] and national legislation should be observed. _________________ 28Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings (OJ L 141, 5.6.2016, p.19). 29Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ L 281 , 23.11.1995, p. 31). 30 European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).deleted Regulation (EU) 2016/679 of the

Amendment 41 #

Proposal for a directive
Recital 39

(39) A service provider should be allowed to apply for a European services e- card in the home Member State ~~and have that application assess~~. A service provider should have that application substantially assessed and ultimately approved by the host Member State regarding the applicable conditions to provide services through a branch in the territory of that host Member State before that applicant is required to apply for registration of the future branch in that same host Member State. Thus, the applicant will be certain of the applicable sector-specific conditions and ultimately that it complies with them in a manner satisfactory to the host Member State before spending time and resources on requesting the registration of a branch in that host Member State for company law purposes. At the same time, the applicant will need to comply with national rules on registration of branches under company law to provide services through such a branch in compliance with EU law.

Amendment 42 #

Gilles LEBRETON, Mylène TROSZCZYNSKI, Marie-Christine BOUTONNET

Proposal for a directive
Recital 40

(40) A European services e-card should allow for provision of services throughout the territory of the host Member State. A service provider, once established in a host Member State on the basis of the European services e-card held by him, in the form of a branch, agency or office, should not, in principle, need to apply for another e-card in order to expand provision of services already covered by the existing e-card domestically through additional branches, agencies or offices there, as the case may be. However, as Directive 2006/123/EC expressly provides for, authorisations for each individual branch, agency or office may be justified by overriding reasons of public interest. In that case, service providers should continue to have the choice of expanding operations domestically by obtaining those authorisations under national law or applying for additional European services e-cards, for each additional branch, agency of office, as the case may be.

Amendment 43 #

Proposal for a directive
Recital 41

Amendment 44 #

Gilles LEBRETON, Mylène TROSZCZYNSKI, Marie-Christine BOUTONNET

Proposal for a directive
Recital 42

Amendment 45 #

Proposal for a directive
Recital 42

(42) A European services e-card should be valid for a~~n indefinite period in time~~ period of 24 months and should be subject to checks and inspections every 6 months by the host Member State's authorities, 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 46 #

Proposal for a directive
Recital 43

(43) A European services e-card should however be suspended by the issuing coordinating authority if, temporarily, the service provider is banned from providing the services in question. The suspension should last as long as the ban is in place. A European services e-card should be revoked by the issuing coordinating authority if the conditions for issuing it or for it to remain valid, as a testament of legality of service provision in the host Member State, are no longer met. A final decision establishing that an e-card holder misrepresented him or herself as a service provider and that, under national law of either home or host Member State he or she is considered to be a worker, should lead to the revocation of the European services e-cards in question. Similarly, cases of fraudulent, inaccurate or falsified information or documents used in the context of issuing a European services e- card should impact the validity of the e- card. In cases of fraud and falsified information, Member States shall put in place effective and dissuasive measures with respect for the principle of proportionality and the fundamental rights.

Amendment 47 #

Proposal for a directive
Recital 44

(44) Administrative cooperation between home and host Member State authorities ~~should~~is based, inter alia, on the periodic updating of information, which should be used to ensure observance of conditions of validity of a previously issued European services e-card. To further ensure no European services e-card misrepresents the situation of its holder at any given moment, its holder and competent authorities should be obliged to inform the coordinating authority who issued it of changes in the situation of the holder which may impact the validity of the e-card.

Amendment 48 #

Gilles LEBRETON, Mylène TROSZCZYNSKI, Marie-Christine BOUTONNET

Proposal for a directive
Recital 45

(45) In any case, before adopting the decision to revoke or suspend the e-card, the competent coordinating authority should consult the e-card holder and any decision should be duly justified and subject to appeal, in accordance with the applicable national law of the Member State which issued it. In cases of material error or justified omission or delay in the submission of information or documents, the coordinating authority should give the service provider the opportunity to remedy the situation. Interim measures signalling a pending procedure for suspension or revocation of a European services e-card should be allowed, signalling a link with alerts triggered under Directive 2006/123/EC.

Amendment 49 #

Proposal for a directive
Recital 46

(46) In order to ensure uniform conditions for the implementation of this Directive in relation to the technical aspects of processing suspensions, revocations and cancelations of European services e-cards, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council.deleted

Amendment 5 #

Proposal for a directive
Recital 1

(1) The Treaty on the Functioning of the European Union (TFEU) guarantees service providers the freedom of establishment in Member States and the freedom to provide services across Member States. The Charter of Fundamental Rights of the European Union also provides for the right of every citizen of the European Union to provide services in any other Member State.

Amendment 50 #

Gilles LEBRETON, Mylène TROSZCZYNSKI, Marie-Christine BOUTONNET

Proposal for a directive
Recital 47

(47) The application of this Directive should be monitored and assessed in order to determine its impact on the simplification of administrative proceedings and on the costs of expanding operations cross-border, particularly in relation to service providers to whom the provisions of this directive apply, on consumer perception regarding such providers, particularly those holding a European services e-card, and on competition and competitiveness, prices and quality of services. The effects of the provisions contained in this Directive should be evaluated regularly, in particular in order to assess whether it would be appropriate to introduce a European services e-card for other service activities. This monitoring will take place in cooperation with Member States, social partners and other relevant stakeholders.

Amendment 51 #

Proposal for a directive
Recital 48

(48) Since the objectives of this Directive cannot be sufficiently achieved by the Member States in view of the complexity and inconsistency of approaches of controlling certain services across Member States but can rather, by reason of enhanced administrative coordination across the Union, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.deleted

Amendment 52 #

Proposal for a directive
Article 2 – paragraph 1

1. This Ddirective applies to ~~the services listed in the Annex~~activities for construction and engineer of buildings, including services in the area of installation and maintenance of equipment except of installation, servicing, maintenance, repair, checking for leaks or decommissioning of equipment that contains fluorinated greenhouse gases of whose functioning relies upon those gases for which certification or attestation is required under Articles 3(4) and 10 of Regulation 517/2014.

Amendment 53 #

Proposal for a directive
Article 2 – paragraph 2 – subparagraph 2

It shall not apply to the activities and fields mentioned in Article 2(2) and (3) of Directive 2006/123/EC or to information society services.

Amendment 54 #

Proposal for a directive
Article 2 – paragraph 2 – subparagraph 2 a (new)

This Directive shall not have any impact on the regulatory requirements for the provision of services that are in place at national level, such as rules concerning social protection, consumer rights, health and safety or the environment. It does not therefore introduce the country of origin principle.

Amendment 55 #

Proposal for a directive
Article 2 – paragraph 2 – subparagraph 2 b (new)

This Directive is also without prejudice to any provision stemming from competition law and any rule on the applicable law or jurisdiction under private international law.

Amendment 56 #

Proposal for a directive
Article 2 – paragraph 3 – subparagraph 2 a (new)

This Directive shall be without prejudice to the different market models of the Member States, including labour markets regulated by collective agreements.

Amendment 57 #

Proposal for a directive
Article 2 – paragraph 3 – subparagraph 2 b (new)

The fundamental rights, such as the protection of personal data, the rights of establishment and the right to provide services in any Member State, the right to equality and non-discrimination on grounds of nationality, the right to an impartial, fair and reasonably speedy procedure, as well as the prohibition of abuse of rights, shall be fully respected.

Amendment 58 #

Proposal for a directive
Article 2 – paragraph 3 a (new)

3a. This Directive shall fully respect the principle of administrative and procedural autonomy of the Member States.

Amendment 59 #

Gilles LEBRETON, Mylène TROSZCZYNSKI, Marie-Christine BOUTONNET

Proposal for a directive
Article 3 – paragraph 1 – point 1

1. "home Member State" means the Member State ~~to which a provider addressed~~where the service provider is established in accordance with the laws of that Member State and to which the application for the issuing of a European services e-card is addressed;

Amendment 6 #

Proposal for a directive
Recital 2

(2) Directive 2006/123/EC of the European Parliament and of the Council17establishes general provisions facilitating the exercise of the freedom of establishment for service providers and the free movement of services. It provides inter alia that Member States should provide for administrative simplification, for instance offering electronic procedures via Points of Single Contact, simplifying existing procedures and the need for certified documents and making best use of a system of tacit approval. The Directive also sets a framework furthering the freedom to provide services on a temporary basis in another Member State. _________________ 17Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (OJ L 376, 27.12.2006, p. 36).deleted

Amendment 60 #

Proposal for a directive
Article 3 – paragraph 1 – point 1

1. "home Member State" means the Member State toin wh~~ich a provider addressed the application for a European services e-card;~~ose territory the provider of the service concerned is established.

Amendment 61 #

Proposal for a directive
Article 3 – paragraph 1 – point 1 a (new)

1a. The European services e-card is an electronic certificate issued as the result of a voluntary procedure initiated in the Member State of origin, this procedure being fully electronic, specifically designed for cross-border situations, fully multilingual and data- driven, minimising the use of documents, governed by the 'once only' principle and harmonised at EU level; the European services e-card certifies that the holder - providing services for businesses or in the construction sector - is lawfully engaged in his or her activity in the home Member State and establishes the right of the holder to start providing services in the host Member State, either temporarily or through a branch, agency or offices in the area, and continue providing them for the duration of validity of the card.

Amendment 62 #

Proposal for a directive
Article 3 – paragraph 1 – point 11 a (new)

(11a) 'recipient' shall mean a recipient as defined in Article 4(3) of Directive 2006/123/EC;

Amendment 63 #

Proposal for a directive
Article 4 – paragraph 1

Member States shall accept a valid European services e-card as proof that its holder is established in the territory of his home Member State and is entitled, in that territory as well as in the territory of the host Member State after completing the required procedures and receiving a final, positive decision from the competent authorities of the host Member State, to provide the service activities covered by the e-card.

Amendment 64 #

Proposal for a directive
Article 4 – paragraph 1

Member States shall accept a valid European services e-card as proof that its holder is legally established in the territory of his home Member State and ~~is entitled, in that territory,~~, under the legislation of that Member State, is entitled to provide the service activities covered by the e-card in its territory.

Amendment 65 #

Proposal for a directive
Article 4 – paragraph 1 a (new)

After the holder completed the required procedures and received the final, positive decision by the competent authorities of the host Member State, his e-card shall be a proof that its holder is entitled to perform activity in the territory of the host Member State.

Amendment 66 #

Proposal for a directive
Article 4 – paragraph 1 b (new)

After the holder completed the required procedures and received the final, positive decision by the competent authorities of the host Member State, his e-card shall be a proof that its holder is entitled, in that territory, to provide the service activities covered by the e-card.

Amendment 67 #

Gilles LEBRETON, Mylène TROSZCZYNSKI, Marie-Christine BOUTONNET

Proposal for a directive
Article 4 a (new)

Article 4a 1. The European services e-card is a voluntary instrument. Service providers consequently remain free to decide whether or not to apply for and make use of such a card. 2. Member States shall ensure that service providers who do not apply for a European services e-card, those whose application was denied by the Member State of origin or the host Member State or those whose European services e-card is no longer valid are able to start or continue the provision of services in accordance with EU law, in particular with the relevant provisions of Directive 2006/123/EC. 3. In addition, Member States must ensure that they do not treat service providers less favourably or discriminate against them, depending on whether or not they make use of the European services e-card.

Amendment 68 #

Proposal for a directive
Article 5

~~[...]~~deleted

Amendment 69 #

Proposal for a directive
Article 5 – paragraph 1

Amendment 7 #

Proposal for a directive
Recital 2

(2) Directive 2006/123/EC of the European Parliament and of the Council17 establishes general provisions facilitating the exercise of the freedom of establishment for service providers and the free movement of services. It provides inter alia that Member States should provide for administrative simplification, for instance offering electronic procedures via Points of Single Contact, simplifying existing procedures ~~and the need for~~, particularly those arising from the need to produce certified documents ~~and~~, making best use of a system of tacit approval. The Directive also sets a framework furthering the freedom to provide services on a temporary basis in another Member State~~. _________________ 17Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (OJ L 376, 27.12.2006, p. 36)~~, while strengthening the rights of consumers and businesses that use the services and encouraging cooperation between EU Member States.

Amendment 70 #

Proposal for a directive
Article 5 – paragraph 2

Amendment 71 #

Proposal for a directive
Article 5 – paragraph 3

Amendment 72 #

Proposal for a directive
Article 5 – paragraph 4 – point ii

(ii) requirements and other obligations, prohibitions, conditions or limits imposed on providers in the context of selection procedures of candidates for the provision of services under a public contract, a design contest or a concession;deleted

Amendment 73 #

Proposal for a directive
Article 5 – paragraph 4 – point iii

~~(iii) authorisation schemes, notification schemes or requirements concerning conditions specifically related to the site where the service is provided or to the site where the provider is established;~~deleted

Amendment 74 #

Proposal for a directive
Article 5 – paragraph 5

5. Paragraphs 1, 2 and 3 are without prejudice to reporting obligations imposed on the holder of a European services e-card or the performance of checks, inspections or investigations from competent authorities during the provision of the service, in compliance with EU law. During the checks, the authorities competent for inspections or investigations should take into account the e–card as a proof of completion of the requirements set out in an e–card.

Amendment 75 #

Gilles LEBRETON, Mylène TROSZCZYNSKI, Marie-Christine BOUTONNET

Proposal for a directive
Article 5 – paragraph 5 a (new)

5a. The control measures related to posted workers laid down in Directive 2016/67/EU and in relevant legislation shall not be affected. Host Member States shall not be prevented from applying its national law and practice - including those laid down in collective agreements - on employment and working conditions.

Amendment 76 #

Proposal for a directive
Article 6 – paragraph 1

Authorities in Member States shall not, in the context of any procedures or formalities imposed on a provider in their territory and in accordance with the rules on the protection of personal data as provided for in Directive 95/46/EC [, Regulation (EU) No 2016/679] and national legislation, require the holder of a European services e-card to provide any information which is already contained in the European services e-card, including for: (i) the award of a public contract, a design contest or a concession; (ii) registration of branches under company law; (iii) registration with mandatory social insurance schemes.deleted formation of subsidiaries or

Amendment 77 #

Proposal for a directive
Article 6 – paragraph 1 – introductory part

Authorities in Member States shall not, in the context of any procedures or formalities imposed on a provider in their territory and in accordance with the rules on the protection of personal data as provided for in Directive 95/46/EC [, Regulation (EU) No 2016/679] and national legislation, require the holder of a European services e-card to provide any information ~~which is already contained in~~or documents on the strength of which the European services e-card was issued, including for:

Amendment 78 #

Gilles LEBRETON, Mylène TROSZCZYNSKI, Marie-Christine BOUTONNET

Amendment 79 #

Proposal for a directive
Article 7 – paragraph 2

2. A European services e-card shall be valid for an indefinite duration, unless suspended, revoked or cancelled, in accordance with Articles 15 to 17. This shall be without prejudice to measures put in place in accordance with Article 18 of Directive 2006/123/EC.deleted

Amendment 8 #

Proposal for a directive
Recital 3

(3) Directive 2006/123/EC requires Member States to step up cooperation between themselves and put in place and keep constantly updated Points of Single Contacts where a service provider wishing to establish or to provide services can find all relevant information (and assistance) about requirements to be complied with and e-procedures in respect of all necessary formalities, authorisation and notifications ~~to go through. However,~~. However, bureaucratic obstacles and costly information challenges and difficulties complying with national procedures at a distance remain to date for service providers, ~~name~~especially for sector-related requirements. Cooperation between authorities in different Member States should in principle take place via the Internal Market Information System (IMI), an IT-platform offered for cross-border exchange of information and mutual assistance under that Directive. Despite the fact that authorities sometimes have doubts with regard to the legal establishment of a provider in another Member State, the possibilities for cooperation currently provided in IMI are not exploited to their full potential, since, in contrast to other areas, there has to date been very little exchange of information between Member States through the IMI system in fields covered by the Directive. Formalities associated with authorisations and notifications often require paper documents to be submitted and to be translated at a significant cost. Information regarding these obstacles is either not available online or is scarce, incomplete, dispersed and difficult to interpret in relation to the particular circumstances of a provider expanding across borders, as national rules often target purely domestic situations. Service providers often risk resubmitting information and documents.

Amendment 80 #

Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1

A European services e-card shall be valid for a~~n indefinite duration~~ period of 24 months, unless suspended, revoked or cancelled, ~~in accordance with Articles 15 to 17~~and shall be subject to checks and inspections every 6 months by the host Member State's authorities.

Amendment 81 #

Proposal for a directive
Article 8 – paragraph 1

Amendment 82 #

Gilles LEBRETON, Mylène TROSZCZYNSKI, Marie-Christine BOUTONNET

Proposal for a directive
Article 10 – paragraph 1

In assessing applications for the European services e-card, Member States sha~~ll retain~~ve the right to invoke ~~those~~ overriding reasons of public interests, when this is based on the provisions which justify it, recognised under Directive 2006/123/EC, in particular Article 16 thereof, or other acts of EU law.

Amendment 83 #

Proposal for a directive
Article 11

Assessment of the application by the home 1. home Member State shall within one week of having received an application for a European services e-card: (a) (b) accuracy of the information provided; (c) e-cards issued in relation to other home Member States for the same provider and service activity have been revoked or cancelled, or that cancelation has been requested to allow replacementrticle 11 deleted Member State The coordinating authority of those e- cards by the European services e-card to which the application refers to; (d) accompanying documents, if any, that prove compliance with requirements applicable to the service provision to which the applicant is subject in the home Member State; (e) application from the applicant, where necessary; (f) the information obtained in accordance with Article 14(2); (g) where the standard form for application is made available the necessary documents, if any, obtained in accordance with Article 14(2). Where the coordinating authority of the home Member State requests supplementing of the application from the applicant, the time-limit is suspended until that information is provided. 2. The coordinating authority of the home Member State shall, upon completion of the tasks referred to in paragraph 1, communicate without delay the application to the coordinating authority of the host Member State, with information to the applicant. 3. The decisions and actions by the coordinating authorityxamine the application; verify the completeness and verify whether European services verify the content and validity of request supplementing of the hcome Member State, notified to the applicant through the electronic platform where the standard form for application is made available, or the absence of a decision or action within the time-limit shall be subject to appeal under national law of the home Member State. 4. The Commission shall adopt technical rules for the handling and processing of the application by means of implementing acts. These rules shall include time-limits on the expiration of the application due to inaplete the application form with upload to the electiron ~~of the applicant. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 19(2).~~ic platform

Amendment 84 #

Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – introductory part

The coordinating authority of the home Member State shall within ~~one~~two weeks of having received an application for a European services e-card:

Amendment 85 #

Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – introductory part

The coordinating authority of the home Member State shall within ~~one~~four weeks of having received an application for a European services e-card:

Amendment 86 #

Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – introductory part

The coordinating authority of the home Member State shall within ~~one~~two weeks of having received an application for a European services e-card:

Amendment 87 #

Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – point b

(b) verify the completeness, veracity, validity and accuracy of the information provided;

Amendment 88 #

Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – point d

(d) verify the content, veracity and validity of accompanying documents, if any, that prove compliance with requirements applicable to the service provision to which the applicant is subject in the home Member State;

Amendment 89 #

Proposal for a directive
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 delay the application to the coordinating authority of the host Member State, with information to the applicant. This communication shall constitute proof of legal establishment of the applicant in the territory of the home Member State and his or her right to provide in that territory the services to which the application refers.

Amendment 9 #

Amendment 90 #

Proposal for a directive
Article 11 – paragraph 2 a (new)

2a. The coordinating authorities of the Member State of origin shall inform the applicant about the general requirements applicable in the host Member State regarding access to, and the exercise of, the service activities envisaged by the applicant, as provided for in Article 7 of Directive 2006/123/EC.

Amendment 91 #

Proposal for a directive
Article 11 – paragraph 4 – subparagraph 1

The Commission shall adopt technical rules for the handling and processing of the application by means of implementing acts. These rules shall include time-limits on the expiration of the application due to inaction of the applicant.deleted

Amendment 92 #

Gilles LEBRETON, Mylène TROSZCZYNSKI, Marie-Christine BOUTONNET

Proposal for a directive
Article 11 – paragraph 4 – subparagraph 2

~~Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 19(2).~~deleted

Amendment 93 #

Proposal for a directive
Article 12

~~[...]~~deleted

Amendment 94 #

Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1

Amendment 95 #

Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1

Within two weeks from receiving the application 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- limit~~, 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 96 #

Proposal for a directive
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-limit, the coordinating authority of the host Member State shall be allowed to request necessary clarifications or necessary additional information from the coordinating authorities of the home Member State or the applicant which is not yet contained in the application. In that case, the time limit referred to in this paragraph is suspended until the requested necessary clarification or necessary additional information is supplied. If the host Member State ascertains that the requirements already met by the applicant in the home Member State effectively correspond to its own, the coordinating authority of the host Member State may not object to the issuing of the European services e-card. The procedure for requesting clarifications or additional information will be laid down by way of the delegated acts referenced in paragraph 4.

Amendment 97 #

Proposal for a directive
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-limit, 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 referred to in this paragraph is suspended until the requested necessary clarification or necessary additional information is supplied. ~~The procedure for~~A failure to provide the coordinating authority of the host Member State with request~~ing~~ed clarifications or additional information ~~will be laid down by way of the delegated acts referenced in paragraph 4~~in due time shall lead to an expiration of the application.

Amendment 98 #

Proposal for a directive
Article 12 – paragraph 1 – subparagraph 3

Amendment 99 #

Proposal for a directive
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 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 there is no objection to the issue of the European services e-card to the applicant~~. A European Services e-card can only be issued to a provider with the active consent of the host Member State.

source: 615.310

2018/02/19 EMPL 9 amendments...

Amendment 1 #

Proposal for a directive
Recital 12

(12) The main purpose of the European services e-card is to introduce a voluntary, uniform and simplified procedure for service providers wishing to expand provision of services across internal market borders. The e-card represents an electronic certificate stating that a service provider is legally established in a Member State (the home Member State). Host Member States where a service provider is interested in expanding to should furthermore not apply, to holders of an e- card, their prior authorisation or notifications schemes put in place under national law to control access to or exercicse of service activities, which is already the object of control before issue of a European services e-card in the same host Member State. This shall be without prejudice to the possibility of the host Member State to apply such schemes prior to the issuance of the e-card.

Amendment 2 #

Proposal for a directive
Recital 20

(20) In order to concentrate actions and decisions within a Member State and facilitate cooperation between different competent authorities in home and host Member States, a coordinating authority in the home Member State and in the host Member State should ultimately be responsible for handling issues related to the European services e-card, thus coordinating the input from the different competent national authorities and acting as a contact point with its counterparts in other Member States. The application for a European services e-card should thus be submitted to the coordinating authority of the home Member State. Member States may select an authority of their choice to act as the coordinating authority. They can introduce a new authority or designate an existing one, including the authority responsible for the national Point of single contact.

Amendment 3 #

Proposal for a directive
Recital 35

(35) The host Member State should no longer control whether the applicant for a European services e-card is legally established in another Member State. Nor should it put into question the veracity and validity of the data and documents included in an application, once validated by the coordinating authority of the home Member State, unless there are reasonable doubts. In such a case the host Member State can request the home Member State to verify the authenticity and content of documents. The home Member State should re-examine the document and reason its reassessment and suspend where necessary. Conversely, the coordinating authority of the home Member State should not assess whether it issues a European services e-card for temporary cross-border provisions of services based on compliance by the provider of host Member State requirements, rather it should only assess of whether the applicant is legally established in its territory for the provision of the service in question at the time the decision to issue is made.

Amendment 4 #

Proposal for a directive
Recital 40

(40) A European services e-card should allow for provision of services throughout the territory of the host Member State, as long as there are no divergent regulations issued by subsidiary administrative units. If the holder of the e-card later decides to extend his activities to the territory of other subsidiary administrative units, he should be exempt from proving the requirements identical to those of the previously issued e-card. A service provider, once established in a Member State in the form of a branch, agency or office, should not, in principle, need to apply for another e-card in order to expand provision of services already covered by the existing e-card domestically through additional branches, agencies or offices there, as the case may be. However, as Directive 2006/123/EC expressly provides for, authorisations for each individual branch, agency or office may be justified by overriding reasons of public interest. In that case, service providers should continue to have the choice of expanding operations domestically by obtaining those authorisations under national law or applying for additional European services e-cards, for each additional branch, agency of office, as the case may be.

Amendment 5 #

Proposal for a directive
Recital 42

(42) A European services e-card should be valid for ~~an indefinite period in time, without prejudice to, in relation to temporary cross-border services, the effects of case-by-case derogations in accordance with Directive 2006/123/EC~~24 months and renewed for the same period an indefinite number of times unless the host Member State raises reasoned and objective objections to the renewal or invokes case-by-case derogations in accordance with Directive 2006/123/EC. The renewal process should include a check of the validity of information relating to the service provider.

Amendment 6 #

Proposal for a directive
Article 5 – paragraph 4

4. Paragraphs 1, 2 and 3 are without prejudice to: i) requirements imposed on providers in the context of selection procedures of candidates for authorisation schemes limited in number in accordance with EU law; ii) requirements and other obligations, prohibitions, conditions or limits imposed on providers in the context of selection procedures of candidates for the provision of services under a public contract, a design contest or a concession; iii) authorisation schemes, notification schemes or requirements concerning conditions specifically related to the site where the service is provided or to the site where the provider is established; iv) requirements regarding recognition of professional qualifications as provided for by ~~Articles 4 and 4f of~~ Directive 2005/36/EC; v) disclosure obligations as provided for by Article 2 of Directive 2009/101/EC and Article 2 of Directive 89/666/EEC or obligations, prohibitions, conditions or limits imposed by national rules on registration of branches of companies registered in another Member State under company law; v a) any requirements regarding measures relating to posted workers in accordance with Article 9 of Directive 2014/67/EU as well as the prior notification system established by the same Directive.

Amendment 7 #

Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1

A European services e-card shall be valid for ~~an indefinite duration, unless suspended, revoked or cancelled, in accordance with~~24 months, unless suspended, revoked or cancelled, in accordance with Articles 15 to 17. The e-card may be renewed an indefinite number of times. The renewal process shall be launched by the coordinating authority upon request of the service provider concerned and shall include a check of the validity of the information relating to the service provider. The service provider shall provide updated information if requested to do so by the coordinating authority concerned. The coordinating authority shall carry out checks and inspections, if necessary, in order to ascertain the occurrence of any event that may result in the suspension or revocation of the European services e- card pursuant to Articles 15 tor 176. This shall be without prejudice to measures put in place in accordance with Article 18 of Directive 2006/123/EC.

Amendment 8 #

Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – introductory part

The coordinating authority of the home Member State shall within ~~one~~four weeks of having received an application for a European services e-card, in order to permit efficient scrutiny of the application:

Amendment 9 #