En En Amendment

European Parliament 2014-2019

Committee on Industry, Research and Energy

2016/0402(COD)

25.9.2017

AMENDMENT 12 - 61

Draft opinion Maria Spyraki (PE601.268v01-00)

on the 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]....

Proposal for a directive (COM(2016)0823 – C8-0013/2017 – 2016/0402(COD))

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EN United in diversity EN

AM_Com_LegOpinion

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Amendment 12 Markus Pieper, Markus Ferber, Sven Schulze

Proposal for a directive –

Proposal for a rejection

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

Or. de

Justification

Alle sinnvollen Bemühungen zur Vollendung des Binnenmarkts sind ausdrücklich zu unterstützen. Die Einführung einer elektronischen EU-Dienstleistungskarte, so wie es der Vorschlag vorsieht, würde jedoch unnötigerweise zusätzliche Bürokratie, Schaffung von Doppelstrukturen und Mehrkosten nicht für die Mitgliedstaaten sondern auch für die potentiellen Adressaten wie beispielsweise Architekten, Ingenieure oder bauhandwerkliche Dienstleister bedeuten. Gleichzeitig verwässert der Vorschlag den in der Dienstleistungsrichtlinie (2006/123/EG) etablierten Grundsatz der Geltung des Rechts des Ortes, an dem die Wertschöpfung erfolgt. Wogegen die möglichen Vorteile einer solchen Karte nicht ausreichend deutlich sind. Im Ergebnis würde das Ziel der verbesserten Mobilität der Dienstleister im Binnenmarkt möglicherweise konterkariert werden. Es sind noch zu viele Fragen bei der Umsetzung ungenügend oder gar nicht geklärt, sodass weitere Konsultationen der Betroffenen durchgeführt und der Vorschlag überarbeitet werden sollte.

Amendment 13 Kathleen Van Brempt

Proposal for a directive –

Proposal for a rejection

The Committee on Industry, Research and Energy calls on the Committee on the

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Internal Market and Consumer Protection, as the committee responsible, to propose rejection of the Commission proposal.

Or. nl

Justification

The purpose of this amendment is to reject the Commission proposal in its entirety, since it paves the way for social dumping and unfair competition and significantly restricts the host Member State’s scope for carrying out checks. That is unacceptable.

Amendment 14 Hermann Winkler

Proposal for a directive –

Proposal for a rejection

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

Or. de

Justification

Alle sinnvollen Bemühungen zur Vollendung des Binnenmarkts wie den Abbau von Bürokratie und rechtlicher Unsicherheiten bei der grenzüberschreitenden Dienstleistungserbringung, insbesondere für KMU, unterstützt der Autor ausdrücklich. Die Einführung einer elektronischen EU-Dienstleistungskarte in der hier vorgelegten Form führt jedoch möglicherweise gerade zu zusätzlichem Verwaltungsaufwand, Doppelstrukturen, Rechtsunsicherheit und Mehrkosten für Mitgliedstaaten und potentielle Adressaten wie beispielsweise Architekten, Ingenieuren oder dem Bauhandwerk. Im Ergebnis würde dies dem zu erreichenden Ziel der verbesserten Mobilität der Dienstleister im Binnenmarkt möglicherweise entgegenstehen. Die potentiellen Vorteile einer solchen Karte werden im vorgelegten Vorschlag hingegen nicht ausreichend deutlich. Insgesamt sind noch zu viele Fragen bei der Umsetzung, wie sie der Vorschlag vorsieht, offen, sodass weitere Konsultationen der betroffenen Interessenvertreter durchgeführt werden sollten und dann gegebenenfalls ein neuer Vorschlag vorgelegt werden sollte.

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Amendment 15 Marisa Matias

Proposal for a directive –

Proposal for a rejection

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

Or. en

Amendment 16 Olle Ludvigsson, Carlos Zorrinho, Eva Kaili

Proposal for a directive Recital 2

Text proposed by the Commission Amendment

(2) Directive 2006/123/EC of the (2) Directive 2006/123/EC of the European Parliament and of the Council17 European Parliament and of the Council17 establishes general provisions facilitating establishes general provisions facilitating the exercise of the freedom of the exercise of the freedom of establishment for service providers and the establishment for service providers and the free movement of services. It provides inter free movement of services. It provides inter alia that Member States should provide for alia that Member States should provide for administrative simplification, for instance administrative simplification, for instance offering electronic procedures via Points of offering electronic procedures via Points of Single Contact, simplifying existing Single Contact, simplifying existing procedures and the need for certified procedures and the need for certified documents and making best use of a documents and making best use of a system of tacit approval. The Directive also system of tacit approval. The Directive also sets a framework furthering the freedom to sets a framework furthering the freedom to provide services on a temporary basis in provide services on a temporary basis in another Member State. 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.

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______17 Directive 2006/123/EC of the European 17 Directive 2006/123/EC of the European Parliament and of the Council of 12 Parliament and of the Council of 12 December 2006 on services in the internal December 2006 on services in the internal market (OJ L 376, 27.12.2006, p. 36). market (OJ L 376, 27.12.2006, p. 36).

Or. en

Amendment 17 David Borrelli, Dario Tamburrano

Proposal for a directive Recital 3

Text proposed by the Commission Amendment

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

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either not available online or is scarce, Information regarding these obstacles is incomplete, dispersed and difficult to either not available online or is scarce, interpret in relation to the particular incomplete, dispersed and difficult to circumstances of a provider expanding interpret in relation to the particular across borders, as national rules often circumstances of a provider expanding target purely domestic situations. Service across borders, as national rules often providers often risk resubmitting target purely domestic situations. Service information and documents. providers often risk resubmitting information and documents.

Or. en

Amendment 18 Olle Ludvigsson, Carlos Zorrinho, Eva Kaili

Proposal for a directive Recital 5

Text proposed by the Commission Amendment

(5) Cross-border trade and cross-border (5) Cross-border trade and cross-border investment in certain business and investment in services could be further construction services are particularly low enhanced and there is a potential for better showing a potential for better integration integration of services markets. The of services markets with significant potential for more growth and jobs in the negative repercussions for the remaining Single Market should be fully exploited, part of the economy. This while at the same time high standards for underperformance leads to situations consumers and workers should be where the potential for more growth and maintained, and fair competition and a jobs in the Single Market has not been level playing field for companies should fully exploited. be ensured.

Or. en

Amendment 19 Olle Ludvigsson, Carlos Zorrinho, Eva Kaili

Proposal for a directive Recital 7

Text proposed by the Commission Amendment

(7) In order to make it easier to take up (7) In order to make it easier to take up and pursue service activities, this Directive and pursue service activities, this Directive builds upon Directive 2006/123/EC but builds upon Directive 2006/123/EC but

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does in no way amend its rules. The scope does in no way amend its rules. The scope of this Directive is even more limited of this Directive is even more limited compared to the scope laid down in the compared to the scope laid down in the Services Directive. It specifically targets Services Directive. It specifically targets business and construction service sectors, business service sectors, where many where many obstacles to cross-border obstacles to cross-border activities still activities still remain. In addition, cross- remain. In addition, cross-border trade and border trade and investment in investment in several business services are construction and several business services low and have seen weak productivity are low and both sectors have seen weak growth over the last decade. productivity growth over the last decade.

Or. en

Amendment 20 Olle Ludvigsson, Carlos Zorrinho, Eva Kaili

Proposal for a directive Recital 10 a (new)

Text proposed by the Commission Amendment

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

Or. en

Amendment 21 David Borrelli, Dario Tamburrano

Proposal for a directive Recital 11

Text proposed by the Commission Amendment

(11) This Directive also includes a (11) This Directive also includes a framework for the validity and the reasons framework for the validity and the reasons for suspending or revoking a European for suspending or revoking a European services e-card throughout the European services e-card throughout the European Union. Whenever a service provider cannot Union. For service providers applying for legally continue to provide services across a temporary cross-border provision, the borders, the reason for which it initially validity of the e-card should be set at 36

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applied for an e-card, that same e-card months. Providers applying for provision should be suspended or revoked, of services through branches, agencies accordingly. 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.

Or. en

Amendment 22 David Borrelli, Dario Tamburrano

Proposal for a directive Recital 12

Text proposed by the Commission Amendment

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

Or. en

Amendment 23 David Borrelli, Dario Tamburrano

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Proposal for a directive Recital 18

Text proposed by the Commission Amendment

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

Or. en

Amendment 24 David Borrelli, Dario Tamburrano

Proposal for a directive Recital 21

Text proposed by the Commission Amendment

(21) There are two types of European (21) There are two types of European services e-cards offered to service services e-cards offered to service providers: a simpler procedure for providers: a simpler procedure, for an e-

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

Or. en

Amendment 25 David Borrelli, Dario Tamburrano

Proposal for a directive Recital 26

Text proposed by the Commission Amendment

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

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provider is required to prove before the e- lists the requirements the compliance of card can be issued. 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.

Or. en

Amendment 26 David Borrelli, Dario Tamburrano

Proposal for a directive Recital 27

Text proposed by the Commission Amendment

(27) In case a host Member State has deleted 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.

Or. en

Amendment 27 Olle Ludvigsson, Carlos Zorrinho, Eva Kaili

Proposal for a directive Recital 37

Text proposed by the Commission Amendment

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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.

Or. en

Amendment 28 David Borrelli, Dario Tamburrano

Proposal for a directive Recital 37

Text proposed by the Commission Amendment

(37) Prior to the issuance of the (37) Prior to the issuance of the European services e-card, a host Member European services e-card, a host Member State should be allowed to invoke State should be allowed to invoke legitimate policy concerns. Nevertheless, legitimate policy concerns. Nevertheless, in the interest of allowing for a simplified in the interest of allowing for a simplified and swift procedure, the principle of tacit and swift procedure, the principle of tacit approval should be observed in issuing a approval should be observed in issuing a European services e-card. That is the European services e-card. That is the general principle introduced under general principle introduced under Directive 2006/123/EC. An alert of Directive 2006/123/EC. An alert of impending tacit approval and the extension impending tacit approval and the extension of the applicable deadlines by two of the applicable deadlines by three additional weeks should ensure that the additional weeks should ensure that the host Member State has the appropriate time host Member State has the appropriate time and means to consider applications for a and means to consider applications for a European services e-card. A lack of European services e-card. A lack of information from the host Member State on information from the host Member State on applicable requirements should also not applicable requirements should also not impede automatic issue of a European impede automatic issue of a European services e-card. Nevertheless, the

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services e-card. 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.

Or. en

Amendment 29 Olle Ludvigsson, Carlos Zorrinho, Kathleen Van Brempt, Eva Kaili

Proposal for a directive Recital 42

Text proposed by the Commission Amendment

(42) A European services e-card should (42) A European services e-card should be valid for an indefinite period in time, be valid for a limited 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.

Or. en

Amendment 30 David Borrelli, Dario Tamburrano

Proposal for a directive Recital 42

Text proposed by the Commission Amendment

(42) A European services e-card should (42) For providers applying for be valid for an indefinite period in time, provision of services through branches, without prejudice to, in relation to agencies and offices, the European temporary cross-border services, the effects services e-card should be valid for an of case-by-case derogations in accordance indefinite period in time. However, it with Directive 2006/123/EC. 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.

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Or. en

Amendment 31 Gesine Meissner, Pavel Telička

Proposal for a directive Recital 44

Text proposed by the Commission Amendment

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

Or. en

Justification

To set a recurring date for updating information which may affect the validity of the e-card will clarify the process and allow both e-card holders and coordinating authorities to concentrate these efforts around a given point in time, rather than it being a on-going process with unclear deadlines and reporting obligations. It will also make frequent inspections and checks less necessary.

Amendment 32 Olle Ludvigsson, Carlos Zorrinho, Eva Kaili

Proposal for a directive Recital 47

Text proposed by the Commission Amendment

(47) The application of this Directive (47) The application of this Directive

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

Or. en

Amendment 33 Anneleen Van Bossuyt

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

Text proposed by the Commission Amendment

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.

Or. en

Amendment 34 David Borrelli, Dario Tamburrano

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

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Text proposed by the Commission Amendment

This Directive shall be without prejudice to This Directive shall be without prejudice to the rights of workers, the obligations of the rights of workers, the obligations of service providers and related controls in service providers and related controls in Member States laid down in Directives Member States laid down in Directives 96/71/EC and 2014/67/EU. 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.

Or. en

Amendment 35 Olle Ludvigsson, Carlos Zorrinho, Eva Kaili

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

Text proposed by the Commission Amendment

This Directive shall be without prejudice to This Directive shall be without prejudice to the rights of workers, the obligations of fundamental rights of workers, including service providers and related controls in trade union rights and the rights of Member States laid down in Directives workers, the obligations of service 96/71/EC and 2014/67/EU. providers and related controls in Member States laid down in Directives 96/71/EC and 2014/67/EU.

Or. en

Amendment 36 Olle Ludvigsson, Carlos Zorrinho, Kathleen Van Brempt, Eva Kaili

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

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Text proposed by the Commission Amendment

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

Or. en

Amendment 37 Anneleen Van Bossuyt

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

Text proposed by the Commission Amendment

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

Or. en

Amendment 38 Anneleen Van Bossuyt

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

Text proposed by the Commission Amendment

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.

Or. en

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Amendment 39 Olle Ludvigsson, Carlos Zorrinho, Eva Kaili

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

Text proposed by the Commission Amendment

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

Or. en

Amendment 40 Olle Ludvigsson, Carlos Zorrinho, Kathleen Van Brempt, Eva Kaili

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

Text proposed by the Commission Amendment

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

Or. en

Amendment 41 Gesine Meissner, Pavel Telička

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

Text proposed by the Commission Amendment

A European services e-card shall be valid A European services e-card shall be issued for an indefinite duration, unless for an initial trial period of 36 months suspended, revoked or cancelled, in and automatically renewed for an accordance with Articles 15 to 17. indefinite duration without any further

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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.

Or. en

Justification

The aim of the e-card is to reduce procedural complexity and administrative barriers for service providers who want to expand their activities to other Member States. While it therefore makes sense that the card, once issued, has an indefinite validity to avoid further administrative steps for its holders, introducing a trial period of 36 months with automatic renewal during which checks and inspections by Member States are encouraged will ensure that the e-card is thoroughly checked, and that frequent checks and inspections thereafter become less necessary.

Amendment 42 Maria Spyraki

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

Text proposed by the Commission Amendment

A European services e-card shall be valid A European services e-card shall be valid for an indefinite duration, unless for an initial period of 36 months and suspended, revoked or cancelled, in shall be automatically renewed thereafter accordance with Articles 15 to 17. 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

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European services e-card. This shall be without prejudice to measures put in place in accordance with Article 18 of Directive 2006/123/EC.

Or. en

Amendment 43 David Borrelli, Dario Tamburrano

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

Text proposed by the Commission Amendment

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

Or. en

Amendment 44 Gesine Meissner, Pavel Telička

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

Text proposed by the Commission Amendment

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

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European services e-card.

Or. en

Justification

Amendment 45 Olle Ludvigsson, Carlos Zorrinho, Kathleen Van Brempt, Eva Kaili

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

Text proposed by the Commission Amendment

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.

Or. en

Amendment 46 Olle Ludvigsson, Carlos Zorrinho, Kathleen Van Brempt, Eva Kaili

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

Text proposed by the Commission Amendment

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

Or. en

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Amendment 47 Olle Ludvigsson, Carlos Zorrinho, Eva Kaili

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

Text proposed by the Commission Amendment

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

Or. en

Amendment 48 Olle Ludvigsson, Carlos Zorrinho, Kathleen Van Brempt, Eva Kaili

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

Text proposed by the Commission Amendment

Within two weeks from receiving the Within four weeks from receiving the application the coordinating authority of application the coordinating authority of the host Member State shall examine it and the host Member State shall examine it and inform the applicant and the home Member inform the applicant and the home Member State of any requirements applicable to State of any requirements applicable to temporary cross-border provisions under temporary cross-border provisions under the legislation of the host Member State the legislation of the host Member State with the exception of those referred to in with the exception of those referred to in Article 5(4). In line with the rights of Article 5(4). In line with the rights of Member States as referred to in Article 10, Member States as referred to in Article 10, the coordinating authority of the host the coordinating authority of the host Member State may within the same time- Member State may within the same time- limit, decide to object to the issue of the limit, decide to object to the issue of the European services e-card by the European services e-card by the coordinating authority of the home coordinating authority of the home Member State where it demonstrates that Member State where it demonstrates that the application of a prior authorisation the application of a prior authorisation scheme, prior notification scheme or scheme, prior notification scheme or requirements to the applicant is justified requirements to the applicant is justified for one of those overriding reasons of for one of those overriding reasons of public interest set out in Article 16 of public interest set out in Article 16 of Directive 2006/123/EC or is admissible in Directive 2006/123/EC or is admissible in

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accordance with other acts of EU law. accordance with other acts of EU law.

Or. en

Amendment 49 David Borrelli, Dario Tamburrano

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

Text proposed by the Commission Amendment

Within two weeks from receiving the Within three weeks from receiving the application the coordinating authority of application the coordinating authority of the host Member State shall examine it and the host Member State shall examine it and inform the applicant and the home Member inform the applicant and the home Member State of any requirements applicable to State of any requirements applicable to temporary cross-border provisions under temporary cross-border provisions under the legislation of the host Member State the legislation of the host Member State with the exception of those referred to in with the exception of those referred to in Article 5(4). In line with the rights of Article 5(4). In line with the rights of Member States as referred to in Article 10, Member States as referred to in Article 10, the coordinating authority of the host the coordinating authority of the host Member State may within the same time- Member State may within the same time- limit, decide to object to the issue of the limit, decide to object to the issue of the European services e-card by the European services e-card by the coordinating authority of the home coordinating authority of the home Member State where it demonstrates that Member State where it demonstrates that the application of a prior authorisation the application of a prior authorisation scheme, prior notification scheme or scheme, prior notification scheme or requirements to the applicant is justified requirements to the applicant is justified for one of those overriding reasons of for one of those overriding reasons of public interest set out in Article 16 of public interest set out in Article 16 of Directive 2006/123/EC or is admissible in Directive 2006/123/EC or is admissible in accordance with other acts of EU law. accordance with other acts of EU law.

Or. en

Amendment 50 Olle Ludvigsson, Carlos Zorrinho, Kathleen Van Brempt, Eva Kaili

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

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Text proposed by the Commission Amendment

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

Or. en

Amendment 51 Olle Ludvigsson, Carlos Zorrinho, Eva Kaili

Proposal for a directive Article 12 – paragraph 2

Text proposed by the Commission Amendment

2. Taking into account the rights of 2. Taking into account the rights of Member States as referred to in Article 10, Member States as referred to in Article 10, if the coordinating authority of the host if the coordinating authority of the host Member State does not react within the Member State does not react within the time-limit referred to in paragraph 1, that time-limit referred to in paragraph 1, that time limit shall automatically be extended time limit shall automatically be extended by two additional weeks and the electronic by four additional weeks and the electronic platform where the application for a platform where the application for a European services e-card has been European services e-card has been submitted shall issue an alert to the submitted shall issue an alert to the coordinating authority of the host Member coordinating authority of the host Member State to the effect that failure to react shall State to the effect that failure to react shall imply that there is no objection to the issue imply that there is an objection to the issue of the European services e-card to the of the European services e-card to the applicant. applicant.

Or. en

Amendment 52 David Borrelli, Dario Tamburrano

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

Text proposed by the Commission Amendment

If the host Member State does not object in If the host Member State does not object in

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accordance with paragraph 1, the accordance with paragraph 1, the coordinating authority of the home coordinating authority of the home Member State shall issue the European Member State shall issue the European services e-card without delay upon services e-card without delay upon expiration of the extended time-limit expiration of the extended time-limit resulting from the application of paragraph resulting from the application of paragraph 2. In the absence of any objection under the 2. In the absence of any objection under the second subparagraph of paragraph 1 and second subparagraph of paragraph 1 and failing a decision by the coordinating failing a decision by the coordinating authority of the home Member State upon authority of the home Member State upon expiration of the extended time-limit expiration of the extended time-limit resulting from the application of paragraph resulting from the application of paragraph 2, the European services e-card shall be 2, the European services e-card shall be deemed to have been issued by the home deemed to have been issued by the home Member State in the terms communicated Member State in the terms communicated to the host Member State in accordance to the host Member State in accordance with Article 11(2). 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.

Or. en

Amendment 53 Olle Ludvigsson, Carlos Zorrinho, Eva Kaili

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

Text proposed by the Commission Amendment

If the host Member State does not object in If the host Member State does not object in accordance with paragraph 1, the accordance with paragraph 1, the coordinating authority of the home coordinating authority of the home Member State shall issue the European Member State shall issue the European services e-card without delay upon services e-card without delay upon expiration of the extended time-limit expiration of the extended time-limit resulting from the application of paragraph resulting from the application of paragraph 2. In the absence of any objection under the 2. In the absence of any objection under the second subparagraph of paragraph 1 and second subparagraph of paragraph 1 and failing a decision by the coordinating failing a decision by the coordinating authority of the home Member State upon authority of the home Member State upon expiration of the extended time-limit expiration of the extended time-limit resulting from the application of paragraph resulting from the application of paragraph 2, the European services e-card shall be 2, the European services e-card shall be

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deemed to have been issued by the home deemed to have been rejected by the home Member State in the terms communicated Member State. to the host Member State in accordance with Article 11(2).

Or. en

Amendment 54 Olle Ludvigsson, Carlos Zorrinho, Eva Kaili

Proposal for a directive Article 13 – paragraph 2

Text proposed by the Commission Amendment

2. Taking into account the rights of 2. Taking into account the rights of Member States as referred to in Article 10, Member States as referred to in Article 10, if the coordinating authority of the host if the coordinating authority of the host Member State does not react within the Member State does not react within the time-limit referred to in paragraph 1, that time-limit referred to in paragraph 1, that time limit shall automatically be extended time limit shall automatically be extended by two additional weeks and the electronic by four additional weeks and the electronic platform where the application for a platform where the application for a European services e-card has been European services e-card has been submitted shall issue an alert to the submitted shall issue an alert to the coordinating authority of the host Member coordinating authority of the host Member State to the effect that failure to react shall State to the effect that failure to react shall imply that the European services e-card imply that the European services e-card shall be issued to the applicant. has been rejected.

Or. en

Amendment 55 Olle Ludvigsson, Carlos Zorrinho, Eva Kaili

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

Text proposed by the Commission Amendment

The coordinating authority of the host The coordinating authority of the host Member State shall assess, within one Member State shall assess, within two week upon receipt of proof of compliance weeks upon receipt of proof of compliance with the conditions identified in with the conditions identified in accordance with paragraph 1, whether to accordance with paragraph 1, whether to

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issue the European services e-card or reject issue the European services e-card or reject the application for the European services e- the application for the European services e- card. card.

Or. en

Amendment 56 Olle Ludvigsson, Carlos Zorrinho, Eva Kaili

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

Text proposed by the Commission Amendment

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

Or. en

Amendment 57 Olle Ludvigsson, Carlos Zorrinho, Eva Kaili

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

Text proposed by the Commission Amendment

Or. en

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Amendment 58 Olle Ludvigsson, Carlos Zorrinho, Eva Kaili

Proposal for a directive Article 13 – paragraph 6

Text proposed by the Commission Amendment

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

Or. en

Amendment 59 Olle Ludvigsson, Carlos Zorrinho, Kathleen Van Brempt, Eva Kaili

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

Text proposed by the Commission Amendment

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

Or. en

Amendment 60 Olle Ludvigsson, Carlos Zorrinho, Eva Kaili

Proposal for a directive Article 20 – paragraph 1

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Text proposed by the Commission Amendment

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

Or. en

Amendment 61 Olle Ludvigsson, Carlos Zorrinho, Kathleen Van Brempt, Eva Kaili

Proposal for a directive Annex I – Section F

Text proposed by the Commission Amendment

Section F - Construction deleted - 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

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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 activities

Or. en

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