European Parliament 2014-2019
Committee on Industry, Research and Energy
2016/0403(COD)
25.9.2017
AMENDMENTS 7 - 29
Draft opinion Maria Spyraki (PE601.274v01-00)
Regulation of the European Parliament and of the Council introducing a European services e-card and related administrative facilities
Proposal for a regulation (COM(2016)0824 – C8-0014/2017 – 2016/0403(COD))
AM\1134907EN.docx PE601.275v02-00
EN United in diversity EN
AM_Com_LegOpinion
PE601.275v02-00 2/15 AM\1134907EN.docx EN
Amendment 7 Markus Pieper, Markus Ferber, Sven Schulze
Proposal for a regulation
Proposal for 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 8 Kathleen Van Brempt
Proposal for a regulation
Proposal for 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
AM\1134907EN.docx 3/15 PE601.275v02-00 EN
proposal.
Or. nl
Justification
The purpose of this amendment is to reject the regulation so as to ensure that the e-card is not introduced, 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 9 Marisa Matias
Proposal for a regulation
Proposal for 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 10 Hermann Winkler
Proposal for a regulation
Proposal for 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
PE601.275v02-00 4/15 AM\1134907EN.docx EN
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.
Amendment 11 Olle Ludvigsson, Carlos Zorrinho, Eva Kaili
Proposal for a regulation Recital 6
Text proposed by the Commission Amendment
(6) Cross-border trade and cross-border (6) Cross-border trade and cross-border investment in certain business and investment in services are particularly low construction services are particularly low showing a potential for better integration of showing a potential for better integration of services markets. The potential for more services markets with significant negative growth and jobs in the Single Market repercussions for the remaining part of should be fully exploited, while at the the economy. This underperformance same time high standards for consumers leads to situations where the potential for and workers should be maintained, and more growth and jobs in the Single Market fair competition and a level playing field has not been fully exploited. for companies should be ensured.
Or. en
Amendment 12 Olle Ludvigsson, Carlos Zorrinho, Eva Kaili
Proposal for a regulation Recital 7
Text proposed by the Commission Amendment
AM\1134907EN.docx 5/15 PE601.275v02-00 EN
(7) Addressing remaining obstacles to (7) Addressing remaining obstacles to more cross-border activities in services will more cross-border activities in services, help to strengthen competition, resulting in while at the same time maintaining high more choice and better prices for standards for consumers and workers, consumers as well as more competitive will help to strengthen competition, services sectors creating new jobs, resulting in more choice and better prices promoting productivity and ensuring a for consumers as well as more competitive more attractive climate for investment and services sectors creating new jobs, innovation. promoting productivity and ensuring a more attractive climate for investment and innovation.
Or. en
Amendment 13 Olle Ludvigsson, Carlos Zorrinho, Kathleen Van Brempt, Eva Kaili
Proposal for a regulation Recital 10
Text proposed by the Commission Amendment
(10) In so doing, this Regulation (10) In so doing, this Regulation specifically targets business and specifically targets business service sectors construction service sectors included in included in scope of Directive …[ESC scope of Directive …[ESC Directive]… Directive]… which face some of the most which face some of the most stringent stringent regulatory and administrative regulatory and administrative barriers to barriers to cross-border expansion and cross-border expansion and consequently consequently have an unexploited potential have an unexploited potential for internal for internal market integration. market integration.
Or. en
Amendment 14 Olle Ludvigsson, Carlos Zorrinho, Kathleen Van Brempt, Eva Kaili
Proposal for a regulation Recital 11
Text proposed by the Commission Amendment
(11) All matters, activities and fields (11) All matters, activities and fields excluded from the scope of Directive excluded from the scope of Directive
PE601.275v02-00 6/15 AM\1134907EN.docx EN
2006/123/EC should remain excluded from 2006/123/EC should remain excluded from the scope of this Regulation. In particular, the scope of this Regulation. In particular, this Regulation does not affect matters, this Regulation does not affect matters, activities and fields such as those deriving activities and fields such as those deriving from taxation, social security and labour from taxation, social security and labour law, including any legal or contractual law, including any legal or contractual provision concerning employment provision concerning employment conditions, working conditions, including conditions, working conditions, including health and safety at work and the health and safety at work and the relationship between employers and relationship between employers and workers. Equally this Regulation does not workers. This Regulation is without affect the social security legislation of the prejudice to the different labour market Member States. This Regulation is also models of the Member States, without prejudice to any provision including labour market models regulated stemming from competition law as well as by collective agreements. Equally this any rule on the applicable law or Regulation does not affect the social jurisdiction pursuant to private security legislation of the Member States. international law. This Regulation 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.
Or. en
Amendment 15 Olle Ludvigsson, Carlos Zorrinho, Eva Kaili
Proposal for a regulation Recital 14
Text proposed by the Commission Amendment
(14) The European services e-card (14) The European services e-card should be fully electronic, rely almost should be fully electronic, rely exclusively exclusively on data provided by reliable on data provided by reliable sources, limit sources, limit the use of documents to the the use of documents to the minimum minimum necessary and allow for necessary and allow for multilingual multilingual processing to avoid translation processing to avoid translation costs. In costs. In order to make the procedure fully order to make the procedure fully electronic and allow for administrative electronic and allow for administrative cooperation between home and host cooperation between home and host Member States. The Internal Market Member States. The Internal Market Information system set up by Regulation Information system set up by Regulation (EU) No 1024/2012 of the European (EU) No 1024/2012 of the European Parliament and of the Council22 should be Parliament and of the Council22 should be
AM\1134907EN.docx 7/15 PE601.275v02-00 EN
used under this Regulation. A specific used under this Regulation. A specific electronic platform should be developed electronic platform should be developed for the purpose of issuing, updating, for the purpose of issuing, updating, suspending, revoking or cancelling suspending, revoking or cancelling European services e-cards, as well as to European services e-cards, as well as to make valid European services e-cards make valid European services e-cards electronically available to their holders and electronically available to their holders and to competent authorities. to competent authorities. ______22 Regulation (EU) No 1024/2012 of the 22 Regulation (EU) No 1024/2012 of the European Parliament and of the Council of European Parliament and of the Council of 25 October 2012 on administrative 25 October 2012 on administrative cooperation through the Internal Market cooperation through the Internal Market Information System and repealing Information System and repealing Commission Decision 2008/49/EC ( ‘the Commission Decision 2008/49/EC ( ‘the IMI Regulation’ ) (OJ L 316, 14.11.2012, IMI Regulation’ ) (OJ L 316, 14.11.2012, p. 1) p. 1)
Or. en
Amendment 16 Anneleen Van Bossuyt
Proposal for a regulation Recital 18
Text proposed by the Commission Amendment
(18) Description of the terms of (18) Description of the terms of coverage of a mandatory or voluntary coverage of a mandatory or voluntary insurance included in written contracts insurance included in written contracts might be difficult to find. Insurance might be difficult to find. Insurance distributers, as well as bodies appointed by distributers, as well as bodies appointed by a Member State to provide compulsory a Member State to provide compulsory insurance, should therefore provide a insurance, should therefore provide a description of the core elements of description of the core elements of coverage to their client in the format of an coverage to their client in the format of an insurance certificate. This certificate insurance certificate. This certificate should be annexed to the application form. should be annexed to the application form. In order to ensure uniform implementation of this part of the Regulation, implementing powers should be conferred on the Commission to adopt a harmonised format for the certificates. Those powers should be exercised in
PE601.275v02-00 8/15 AM\1134907EN.docx EN accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council.
Or. en
Amendment 17 Olle Ludvigsson, Carlos Zorrinho, Eva Kaili
Proposal for a regulation Recital 25
Text proposed by the Commission Amendment
(25) Procedures for issuing, updating, (25) Procedures for issuing, updating, suspending or revoking a European suspending or revoking a European services e-card should make use of services e-card should make use of documents only in exceptional documents only in exceptional circumstances, when more detailed circumstances, when more detailed information is absolutely essential. In any information is absolutely essential. case, all of such documents should be used and accepted in simple form.
Or. en
Amendment 18 Anneleen Van Bossuyt
Proposal for a regulation Recital 31
Text proposed by the Commission Amendment
(31) In order to ensure uniform deleted implementation of this Regulation in relation to the presentation of the description of liabilities, implementing powers to adopt rules on the standardised presentation format of that statement 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.
AM\1134907EN.docx 9/15 PE601.275v02-00 EN
Or. en
Amendment 19 Olle Ludvigsson, Carlos Zorrinho, Eva Kaili
Proposal for a regulation Recital 34
Text proposed by the Commission Amendment
(34) The application of this Regulation (34) The application of this Regulation 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, increased transparency about cross-border increased transparency about cross-border providers, competition, prices and quality providers, competition, prices and quality of the services provided. The effects of this of the services provided and on workers’ Regulation and the practical functioning of rights. The effects of this Regulation and the cooperation between coordinating the practical functioning of the cooperation authorities should be evaluated regularly. between coordinating authorities should be This monitoring will happen in cooperation evaluated regularly. This monitoring will with Member States, social partners and happen in cooperation with Member States, other relevant stakeholders. social partners and other relevant stakeholders.
Or. en
Amendment 20 Anneleen Van Bossuyt
Proposal for a regulation Article 1 – paragraph 2
Text proposed by the Commission Amendment
In order to make available such a European In order to make available such a European services e-card to take up and pursue services e-card to take up and pursue activities as a service provider, the activities as a service provider, the necessary coordination of provisions laid necessary coordination of provisions laid down by law, regulation or administrative down by law, regulation or administrative action in a Member State is laid down in action in a Member State is laid down in Directive …….[ESC Directive].... Directive …….[ESC Directive].... This Regulation is without prejudice to existing Union law on social issues, employment conditions (in particular
PE601.275v02-00 10/15 AM\1134907EN.docx EN
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 that respect.
Or. en
Amendment 21 Olle Ludvigsson, Carlos Zorrinho, Kathleen Van Brempt, Eva Kaili
Proposal for a regulation Article 2 – paragraph 3 – subparagraph 2
Text proposed by the Commission Amendment
This Regulation, in particular its Chapter This Regulation shall be without prejudice III, shall be without prejudice to the rights to the fundamental rights of workers, of workers, the obligations of service including trade union rights, the rights of providers and related controls in Member workers, the obligations of service States laid down in Directives 96/71/EC providers and related controls in Member and 2014/67/EU. States laid down in Directives 96/71/EC and 2014/67/EU.
Or. en
Amendment 22 Olle Ludvigsson, Carlos Zorrinho, Kathleen Van Brempt, Eva Kaili
Proposal for a regulation Article 2 – paragraph 3 – subparagraph 2 a (new)
Text proposed by the Commission Amendment
This Regulation is without prejudice to the different labour market models of the Member States, including labour market models regulated by collective agreements, and shall not in any way affect a Member State’s right to assess if a company is considered to be established in its territory.
Or. en
AM\1134907EN.docx 11/15 PE601.275v02-00 EN
Amendment 23 Anneleen Van Bossuyt
Proposal for a regulation Article 3 – paragraph 1 – point 14
Text proposed by the Commission Amendment
14. "home Member State" means the 14. "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 24 Anneleen Van Bossuyt
Proposal for a regulation Article 5 – paragraph 2
Text proposed by the Commission Amendment
The Commission may adopt a harmonised deleted format for the insurance certificate as referred to in the second subparagraph of paragraph 1 by means of an implementing act. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 16(2).
Or. en
Amendment 25 Gesine Meissner, Pavel Telička
Proposal for a regulation Article 8 – paragraph 1 – subparagraph 1
PE601.275v02-00 12/15 AM\1134907EN.docx EN
Text proposed by the Commission Amendment
Providers shall have the right to fully Providers shall have the right to paper- electronic handling and processing of the based in addition to fully electronic procedures for the application, issue and handling and processing of the procedures update of a European services e-card as for the application, issue and update of a well as to fully electronic formalities in European services e-card as well as to fully accordance with Articles 6(1), 6(3) and 7. electronic formalities in accordance with Articles 6(1), 6(3) and 7.
Or. en
Amendment 26 Gesine Meissner, Pavel Telička
Proposal for a regulation Article 8 – paragraph 2 – subparagraph 1
Text proposed by the Commission Amendment
The Commission shall adopt technical The Commission shall adopt technical specifications for the electronic handling specifications for the paper-based and for and processing of the procedures referred the electronic handling and processing of to in paragraph 1 by means of the procedures referred to in paragraph 1 implementing acts, including measures to by means of implementing acts, including ensure the integrity, confidentiality and measures to ensure the integrity, accuracy of the information, as well as the confidentiality and accuracy of the conditions and the procedures for the information, as well as the conditions and holder of a European services e-card to the procedures for the holder of a European download such information, to allow third services e-card to download such parties to access such information and for information, to allow third parties to access those third parties to verify that same such information and for those third parties information. to verify that same information.
Or. en
Amendment 27 Olle Ludvigsson, Carlos Zorrinho, Eva Kaili
Proposal for a regulation Article 9 – paragraph 1
Text proposed by the Commission Amendment
AM\1134907EN.docx 13/15 PE601.275v02-00 EN
1. In the context of procedures to 1. In the context of procedures to issue, update, suspend or revoke a issue, update, suspend or revoke a European services e-card competent European services e-card competent authorities of Member States shall accept authorities of Member States shall accept documents in a simple copy form and public documents ,certified or shall not request that documents authenticated documents, and their submitted to them are subject to certified copies. legalisation, apostille formalities, certification or authentication.
Or. en
Amendment 28 Anneleen Van Bossuyt
Proposal for a regulation Article 11 – paragraph 2
Text proposed by the Commission Amendment
The Commission may adopt rules on the deleted standardised presentation format of the statement referred to in paragraph 1 by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 16(2).
Or. en
Amendment 29 Olle Ludvigsson, Carlos Zorrinho, Eva Kaili
Proposal for a regulation Article 18 – paragraph 1
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 the arrangements to monitor the implementation and the impacts of this implementation and the impacts of this Regulation, in particular its impacts on the Regulation, in particular on workers’
PE601.275v02-00 14/15 AM\1134907EN.docx EN freedom of establishment and freedom to rights and its impacts on the freedom of provide services across Member States for establishment and freedom to provide the services covered, with regard to costs services across Member States for the for providers of expanding operations services covered, with regard to costs for cross-border, enhancing transparency about providers of expanding operations cross- cross-border providers, increasing border, enhancing transparency about competition and how it impacts prices and cross-border providers, increasing quality of those services concerned, competition and how it impacts prices and considering relevant indicators. quality of those services concerned, considering relevant indicators.
Or. en
AM\1134907EN.docx 15/15 PE601.275v02-00 EN