AM Com LegReport - European Parliament · 2009-06-29 · #$%&%$'()+,- /o&; .( /$$01$ 231 433!"...

AM\562658EN.doc PE 355.715v01-00

EN EN

EUROPEAN PARLIAMENT2004 «

«««

«««««

««

« 2009

Committee on Culture and Education

21.4.2005 PE 355.715v01-00

AMENDMENTS 19-57

Draft opinion (PE 353.526v02-00)Marie-Hélène Descampson the proposal for a directive of the European Parliament and of the Council on services in the internal market

Proposal for a directive (COM(2004)0002 – C6-0069/2004 – 2004/0001(COD))

Amendment by Jean-Luc Bennahmias

Amendment 19

Rejects the Commission proposal.

Or. en

Amendment by Ruth Hieronymi

Amendment 20Recital 1 a (new)

(1a) In view of the specific circumstances relating to the audiovisual sector, the latter should be excluded from the scope of this Directive; sector-specific rules exist in the form of Directive 89/552/EEC1. In view of the closely-related subject matter, radio services and information society services, which are covered by Directives 95/46/EC2

and 97/66/EC3, should also come under this exclusion. These services should, in a

PE 355.715v01-00 2/24 AM\562658EN.doc

EN

revision of Directive 89/552/EEC, be included in the scope thereof.–––––––––––––––––(1) Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain provisions laid down by Law, Regulation or Administrative Action in Member States concerning the pursuit of television broadcasting activities (OJ L 298, 17.10.1989, p. 23), amended by Directive 97/36/EC of the European Parliament and of the Council (OJ L 202, 30.7.1997, p. 60). (2) 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).

(3) Directive 97/66/EC of the European Parliament and of the Council of 15 December 1997 concerning the processing of personal data and the protection of privacy in the telecommunications sector (OJ L 24, 30.1.1998, p.1).

Or. de

Justification

Follows from amendment 2.

Amendment by Giovanni Berlinguer

Amendment 21Recital 6

(6) This Directive establishes a general legal framework which benefits a wide variety of services while taking into account the distinctive features of each type of activity or profession and its system of regulation. That framework is based on a dynamic and selective approach consisting in the

(6) This Directive establishes a general legal framework which benefits a wide variety of services while taking into account the distinctive features of each type of activity or profession and its system of regulation. Freedom of expression and information and the free circulation of cultural ideas

AM\562658EN.doc 3/24 PE 355.715v01-00

EN

removal, as a matter of priority, of barriers which may be dismantled quickly and, for the others, the launching of a process of evaluation, consultation and complementary harmonisation of specific issues, which will make possible the progressive and coordinated modernisation of national regulatory systems for service activities which is vital in order to achieve a genuine internal market for services by 2010. Provision should be made for a balanced mix of measures involving targeted harmonisation, administrative cooperation, the country of origin principle and encouragement of the development of codes of conduct on certain issues. That coordination of national legislative regimes should ensure a high degree of Community legal integration and a high level of protection of general interest objectives, especially of consumer protection, which is vital in order to establish mutual trust between Member States.

and products must be preserved and guaranteed. It is also necessary to emphasise that cultural services and products are not merchandise or consumer goods like any other, and must therefore be excluded from the scope of this Directive and, in the light of their dual nature as economic and cultural goods, be made subject to special conditions that take account of the fact that the market cannot be the measure of all things. The general legal framework established by this Directive is based on a dynamic and selective approach consisting in the removal, as a matter of priority, of barriers which may be dismantled quickly and, for the others, the launching of a process of evaluation, consultation and complementary harmonisation of specific issues, which will make possible the progressive and coordinated modernisation of national regulatory systems for service activities which is vital in order to achieve a genuine internal market for services by 2010. Provision should be made for a balanced mix of measures involving targeted harmonisation, administrative cooperation, the country of origin principle and encouragement of the development of codes of conduct on certain issues. That coordination of national legislative regimes should ensure a high degree of Community legal integration and a high level of protection of general interest objectives, especially of consumer protection, which is vital in order to establish mutual trust between Member States.

Or. it

Justification

The European Parliament has recently stressed this specific feature of cultural services, in its resolution of 14 January 2004 on preserving and promoting cultural diversity.

PE 355.715v01-00 4/24 AM\562658EN.doc

EN



(6a) This Directive has no effect on the European Community's position in negotiations on trade in services within international organisations, in particular within the GATS framework.

Or. de

Justification

Even with the audiovisual sector excluded from the scope of the Directive, the latter should not lead to any change in the EU's negotiating position in the current GATS negotiations, in particular as regards the definition of the audiovisual sector.



(7a) This Directive shall not apply to direct or indirect aid granted by Member States to, in particular, the cinema, the dramatic arts, the press and amateur sports.

Or. it

Justification

Narrows down and clarifies the scope of the directive.



(7a) This Directive shall not apply to aid granted by Member States inter alia to the cinema, to the press and to amateur sports.

Or. en

AM\562658EN.doc 5/24 PE 355.715v01-00

EN

Justification

Narrows down and clarifies the scope of the directive.

Amendment by Henri Weber


(7a) This Directive shall not apply to aid granted by Member States inter alia to the cinema, to the press and to amateur sports.

Or. fr

Justification

This amendment defines more accurately and clarifies the scope of the Directive.

Amendment by Christa Prets


(12a) Gambling activities which involve wagering a stake, including lotteries and betting transactions, should also be excluded from the scope of this Directive.

Or. de

Justification

The amendment is in the interests of consistency with the amendment proposed to Article 2, which aims to exclude gambling activities which involve wagering a stake, including lotteries and betting transactions, from the scope of the Directive. The delicate area of games of chance calls for a regulatory policy and social policy approach, which would not be ensured under the services directive. Moreover, surplus profits from games of chance are first and foremost channelled into sports.

Amendment by Luis Francisco Herrero-Tejedor


PE 355.715v01-00 6/24 AM\562658EN.doc

EN

(13a) This Directive is consistent with and does not affect any of the provisions of Directive 89/552/EEC , in particular its definition of when a broadcaster is deemed to be established in a Member State, which continues to apply in full. Moreover, this Directive does not pre-empt the possible future revision of Directive 89/552/EEC.

Or. en

Justification

It is important for broadcasters to have legal certainty when it comes to jurisdiction. The TV Directive is very clear on this point and it is therefore important to clarify that the TV Directive takes precedence over the Services Directive's rules on country of origin.


Amendment 28Recital 13a (new)

(13a) This Directive is consistent with Directive 89/552/EEC, including the definition contained therein of when a broadcaster is deemed to be established in a Member State; this Directive also does not prevent future revision of Directive 89/552/EWG.

Or. de

Justification

The relationship of the provisions laid down in this Directive to current Community law should be clarified so as to make it plain that inter alia in the area of freedom of establishment Directive 89/552/EEC lays down the relevant provisions relating to the definition of freedom of establishment and the services directive does not apply supplementarily.



AM\562658EN.doc 7/24 PE 355.715v01-00

EN

(14) The concept of service covers a wide variety of ever-changing activities, including business services such as management consultancy, certification and testing; facilities management, including office maintenance and security; advertising; recruitment services, including employment agencies; and the services of commercial agents. That concept also covers services provided both to businesses and to consumers, such as legal or fiscal advice; real estate services such as estate agencies; construction, including the services of architects; transport; distributive trades; the organisation of trade fairs; car rental; travel agencies; and security services. It also covers consumer services, such as those in the field of tourism, including tour guides; audio-visual services; leisure services, sports centres and amusement parks; health and health care services; and household support services, such as help for the elderly. Those activities may involve services requiring the proximity of provider and recipient, services requiring travel by the recipient or the provider and services which may be provided at a distance, including via the Internet.

(14) The concept of service covers a wide variety of ever-changing activities, including business services such as management consultancy, certification and testing; facilities management, including officemaintenance and security; advertising; recruitment services, including employment agencies; and the services of commercial agents. That concept also covers services provided both to businesses and to consumers, such as legal or fiscal advice; real estate services such as estate agencies; construction, including the services of architects; transport; distributive trades; the organisation of trade fairs; car rental; travel agencies; and security services. It also covers consumer services, such as those in the field of tourism, including tour guides; audio-visual services; leisure services, sports centres and amusement parks; health and health care services; and household support services, such as help for the elderly. Those activities may involve services requiring the proximity of provider and recipient, services requiring travel by the recipient or the provider and services which may be provided at a distance, including via the Internet.

Or. it

Justification

There is a need to clarify what the European Commission means by 'sports centres', and at any rate to exclude those fields of sport in which associations pursue objectives in the general interest, thereby playing a social and educational role in society, as is also set out in Article III-282 of the Treaty establishing a European Constitution: 'The Union shall contribute to the promotion of European sporting issues, while taking account of the specific nature of sport, its structures based on voluntary activity and its social and educational function.'



(16) The characteristic of remuneration (16) The characteristic of remuneration

PE 355.715v01-00 8/24 AM\562658EN.doc

EN

is absent in the case of activities performed, for no consideration, by the State in fulfilment of its social, cultural, educational and legal obligations. These activities are not covered by the definition in Article 50 of the Treaty and do not therefore fall within the scope of this Directive.

is absent in the case of activities performed, for no consideration, by the State in fulfilment of its social, cultural andeducational obligations, such as courses provided as part of compulsory education, be this in public or private educational establishments, and of its legal obligations. It would also be appropriate to exclude from the scope of this Directive services linked to the education sector but affecting the quality of service, such as services relating to libraries, research, results assessment and educational resources, as well as support services for educational establishments (cleaning, maintenance, catering and administration). These activities are not covered by the definition in Article 50 of the Treaty and do not therefore fall within the scope of this Directive.

Or. it

Justification

The Court of Justice has found that courses provided under the national education system do not constitute services. More precisely, the Court indicated that 'the nature of the activity is not affected by the fact that pupils or their parents must sometimes pay teaching or enrolment fees in order to make a certain contribution to the operating expenses of the system' (Cases Humble and Wirth: C-263/86 and C-109/92).

Amendment by Marie-Hélène Descamps


(16) The characteristic of remuneration is absent in the case of activities performed, for no consideration, by the State in fulfilment of its social, cultural, educational and legal obligations. These activities are not covered by the definition in Article 50 of the Treaty and do not therefore fall within the scope of this Directive.

(16) The characteristic of remuneration is absent in the case of activities performed, for no consideration, by the State in fulfilment of its social, cultural andeducational obligations, such as courses provided as part of compulsory education, be this in public or private educational establishments, and of its legal obligations. These activities are not covered by the definition in Article 50 of the Treaty and do not therefore fall within the scope of this

AM\562658EN.doc 9/24 PE 355.715v01-00

EN

Directive.

Or. fr

Justification

The Court of Justice has found that courses provided under the national education system do not constitute services, adding that 'the nature of the activity is not affected by the fact that pupils or their parents must sometimes pay teaching or enrolment fees in order to make a certain contribution to the operating expenses of the system' (Cases Humble and Wirth: C-263/86 and C-109/92).



(16a) In the context of the harmonisation of activities linked to the development of new educational systems and higher level systems, this Directive refers back, with respect to distance learning (university degree, life-long learning) and services linked to the running of educational and university establishments, examination board services for the assessment of educational results, exchange programmes and student and teacher placements abroad, to the directives in the process of being framed and to national laws, as well as to Article III- 282 of the Treaty establishing a Constitution for Europe.

Or. it



(28a) Rules on automatic renewal do not prevent flexible procedures consistent with Community law which are necessary, particularly in the broadcasting sector, to enable the provider to recoup the cost of

PE 355.715v01-00 10/24 AM\562658EN.doc

EN

investment and to make a fair return on the capital invested for digital transmission, investment in content and/or in new technologies.

Or. en

Justification

To avoid broadcasters experiencing serious problems in their licensing procedures and therefore allow certain flexible procedures for license renewal, which is already the case in most Member States.

Amendment by Ignasi Guardans Cambó


(43a) The country of origin principle should not be applied in the field of university education, since this would strip the country in which the instruction was given of all control over this, in a field that remains the competence of the Member States.

Or. es

Justification

There is a need to guarantee the quality of university education and that the host country has the possibility of checking whether or not the service provider is complying with the laws of its country of origin, since the latter will have little incentive to conduct those checks and experience obvious difficulties in doing so.



(50) If an internal area without frontiers is to be effectively achieved, Community citizens must neither be prevented from benefiting from a service which is technically accessible on the market, nor be made

(50) If an internal area without frontiers is to be effectively achieved, Community citizens must neither be prevented from benefiting from a service which is technically accessible on the market, nor be made

AM\562658EN.doc 11/24 PE 355.715v01-00

EN

subject to different conditions and tariffs, byreason of their nationality or place of residence. The persistence of such discrimination with respect to the recipients of services highlights, for the Community citizen, the absence of a genuine internal market in services and, in a more general sense, compromises the integration of the peoples of Europe. The principle of non-discrimination within the internal market means that access by a recipient, and especially by a consumer, to a service on offer to the public may not be denied or hampered by application of a criterion, included in general conditions made available to the public, relating to the recipient’s nationality or place of residence. It does not follow that provision may not be made in such general conditions for variabletariffs and conditions to apply to the provision of a service, where those tariffs and conditions are directly justified for objective reasons such as additional costs effectively incurred because of the distance involved or the technical characteristics of the provision of the service, or different market conditions, or extra risks linked to rules differing from those of the Member State of origin.

subject to different conditions and tariffs, by reason of their nationality or place of residence. The persistence of such discrimination with respect to the recipients of services highlights, for the Community citizen, the absence of a genuine internal market in services and, in a more general sense, compromises the integration of the peoples of Europe. The principle of non-discrimination within the internal market means that access by a recipient, and especially by a consumer, to a service on offer to the public may not be denied or hampered by application of a criterion, included in general conditions made available to the public, relating to the recipient’s nationality or place of residence. It does not follow that provision may not be made in such general conditions for differenttariffs and conditions to apply to the provision of a service, where those tariffs and conditions are directly justified for objective reasons such as additional costs effectively incurred because of the distance involved, restrictions of copyright and contract law, or the technical characteristics of the provision of the service, or different market conditions, or extra risks linked to rules differing from those of the Member State of origin. A service provider may also make the provision of services subject to residence requirements where one of the above factors makes the trans-frontier provision of the service unrealistic, uneconomic or imposes unreasonably onerous demands on the service provider.

Or. en

Justification

This is to clarify that the Directive cannot be interpreted as obliging broadcasters to offer their services on a trans-frontier basis, as that would be against current rules on copyright and contract law.

PE 355.715v01-00 12/24 AM\562658EN.doc

EN



(64) It is necessary to put an end to the total prohibitions of commercial communications by the regulated professions, not by removing bans on the content of a commercial communication but rather those which, in a general way and for a given profession, forbid one or more forms of commercial communication, such as a ban on all advertising in one or more given media. As regards the content and methods of commercial communication, it is necessary to encourage professionals to draw up, in accordance with Community law, codes of conduct at Community level.

(64) It is necessary to draw up, in accordance with Community law, codes of conduct at Community level governing commercial communications by the regulated professions. In order to ensure that consumers and recipients have access to a wider and more transparent choice of services, it would be appropriate for a code of conduct at Community level to relate both to the content of communications and to the rules which currently forbid one or more forms of commercial communication, such as a ban on all advertising in one or more given media.

Or. it


Amendment 37Article 1

This Directive establishes general provisions facilitating exercise of the freedom of establishment for service providers and the free movement of services.

This Directive establishes general provisions facilitating exercise of the freedom of establishment for service providers and the free movement of services.

This Directive concerns neither the liberalisation of services of general economic interest which are reserved to bodies governed by public or private law, nor the privatisation of public bodies which provide services.This Directive concerns neither the abolition of service monopolies nor aid granted by the Member States, which come under the common rules on competition.

Or. de

AM\562658EN.doc 13/24 PE 355.715v01-00

EN

Justification

Declaratory clarification of the scope of the provisions.


Amendment 38Article 1, subparagraph 1 a (new)

This Directive shall not affect measures taken at Community or national level in compliance with Community law in order to promote cultural and linguistic diversity and ensure the defence of pluralism.

Or. it

Justification

This amendment is necessary in order to respect the competences of the Member States in matters of cultural and audiovisual policy. It also guarantees coherence with the similar provisions of Article 1(6) of Directive 2000/31/EC (E-commerce Directive) and Article 1(3) of Directive 2002/21/EC (Electronic Communications Networks and Services Directive).


Amendment 39Article 2, paragraph 2, point (b a) (new)

(b a) audiovisual services, whatever their mode of production, distribution and transmission, including radio broadcasting, cinema services, cultural services, the services of authors' rights collecting societies and written press publishing and distribution services.

Or. en

Justification

Audiovisual services are already the subject of a specific EU-level approach in the form of the TV without Frontiers Directive. The Services Directive could have serious consequences for national rules, particularly for obligations regarding content, rules governing the ownership and concentration of the media, requirements concerning the award of licences,

PE 355.715v01-00 14/24 AM\562658EN.doc

EN

“must carry” rules and rules on media chronology. Making audiovisual and cultural services subject to the general rules of the directive in this way would be contrary to the subsidiarity principle and the positions being defended at the current UNESCO negotiations.

Amendment by Marie-Hélène Descamps

Amendment 40Article 2, Paragraph 2, point b a (new)

(b a) audiovisual services, whatever their mode of production, distribution and transmission, including radio broadcasting, cinema services and written press publishing and distribution services.

Or. fr

Justification

Audiovisual services are already the subject of a specific EU-level approach in the form of the TV without Frontiers Directive. The Services Directive could have serious consequences for national rules, particularly for obligations regarding content, rules governing the ownership and concentration of the media, requirements concerning the award of licences, “must carry” rules and rules on media chronology. Making audiovisual and cultural services subject to the general rules of the directive in this way would be contrary to the subsidiarity principle and the positions being defended at the current UNESCO negotiations.



(ba) audiovisual services, whatever their mode of production, distribution and transmission, including sound radio broadcasting and written and electronic press publication and distribution services;

Or. de

Justification

Electronic means of distribution are growing in importance for the press.

AM\562658EN.doc 15/24 PE 355.715v01-00

EN


Amendment 42Article 2, Paragraph 2, point b a (new)

(b a) audiovisual services, whatever their mode of production, distribution and transmission, including radio broadcasting, cinema services, cultural services, the services of intellectual property rightscollective management societies and written press publishing and distribution services.

Or. fr

Justification

Audiovisual services are already the subject of a specific EU-level approach in the form of the TV without Frontiers Directive. The Services Directive could have serious consequences for national rules, particularly for obligations regarding content, rules governing the ownership and concentration of the media, requirements concerning the award of licences, “must carry” rules and rules on media chronology. Making audiovisual and cultural services subject to the general rules of the directive in this way would be contrary to the subsidiarity principle and the positions being defended at the current UNESCO negotiations. Besides this, it would be completely unfavourable to European authors and artists for the collective management societies that manage their intellectual property rights to be covered by a cross-functional text that did not take into account their specific - and in particular cultural -characteristics.



(ba) Gambling activities which involve wagering a stake, including lotteries and betting transactions;

Or. de

Justification

The delicate area of games of chance calls for a regulatory policy and social policy approach, which would not be ensured under the services directive. Moreover, surplus profits from games of chance, including lotteries and betting transactions, are widely channelled into sports and culture.

PE 355.715v01-00 16/24 AM\562658EN.doc

EN


Amendment 44Article 2, paragraph 2, point (b b) (new)

(bb) activities in accordance with Article 1 of Directive 89/552/EEC and radio services and information society services, which are covered by Directives 95/46/EC and 97/66/EC;

Or. de

Justification

In view of the specific circumstances relating to the audiovisual sector, the latter should be completely excluded from the scope of the Directive. This is justified by the fact that sector-specific rules exist in the form of Directive 89/552/EEC. In view of the closely-related subject matter, it is advisable that radio services and information society services, which are covered by Directives 95/46/EC and 97/66/EC, should also be excluded from the scope of the Directive, given that they are similarly subject to specific obligations. These services should, in a revision of 89/552/EEC, be included in its scope in order to ensure that this sector is fully regulated in a coherent way.


Amendment 45Article 2, paragraph 2, point (d) and (e a) (new)

2. This Directive shall not apply to the following activities:(a) financial services as defined in Article 2(b) of Directive 2002/65/EC;(b) electronic communications services and networks, and associated facilities and services, with respect to matters covered by Directives 2002/19/EC65, 2002/20/EC66, 2002/21/EC67, 2002/22/EC68 and 2002/58/EC69 of the European Parliament and of the Council;(c) transport services to the extent that they are governed by other Community instruments the legal basis of which is Article 71 or Article 80(2) of the Treaty

2. This Directive shall not apply to the following activities:(a) financial services as defined in Article 2(b) of Directive 2002/65/EC;(b) electronic communications services and networks, and associated facilities and services, with respect to matters covered by Directives 2002/19/EC65, 2002/20/EC66, 2002/21/EC67, 2002/22/EC68 and 2002/58/EC69 of the European Parliament and of the Council;(c) transport services to the extent that they are governed by other Community instruments the legal basis of which is Article 71 or Article 80(2) of the Treaty;(d) services of general interest;

AM\562658EN.doc 17/24 PE 355.715v01-00

EN

(e) services of general economic interest.

Or. en


Amendment 46Article 3, subparagraph 2

Application of this Directive shall not prevent the application of provisions of other Community instruments as regards the services governed by those provisions.

Application of this Directive shall be without prejudice to the application of provisions of other Community instruments as regards the services governed by those provisions. In the event of conflict with sectoral Community instruments, the latter shall prevail.

Or. it

Justification

The wording “shall not prevent” used by the Commission is not strong enough to ensure the priority over this directive of other important Community instruments such as the TV without Frontiers Directive or the Professional Qualifications Directive.





Or. en

Justification

The wording “shall not prevent” used by the Commission is not strong enough to ensure the priority over this directive of other important Community instruments such as the TV without

PE 355.715v01-00 18/24 AM\562658EN.doc

EN

Frontiers Directive or the Professional Qualifications Directive. In addition, for more legal certainty, sectoral laws, such as the Television without frontiers directive, shall prevail if conflicts occur.





Or. fr

Justification

The wording “shall not prevent” used by the Commission is not strong enough to ensure the priority over this directive of other important Community instruments such as the TV without Frontiers Directive or the Professional Qualifications Directive. It is preferable to specify that sectoral Community provisions shall prevail in the event of a conflict.



Authorisation schemes1. Member States shall not make access to a service activity or the exercise thereof subject to an authorisation scheme unless the following conditions are satisfied:(a) the authorisation scheme does not discriminate against the provider in question;(b) the need for an authorisation scheme is objectively justified by an overriding reason relating to the public interest;(c) the objective pursued cannot be attained by means of a less restrictive measure, in particular because an a posteriori

deleted

AM\562658EN.doc 19/24 PE 355.715v01-00

EN

inspection would take place too late to be genuinely effective.2. In the report referred to in Article 41, Member States shall identify their authorisation schemes and give reasons showing their compatibility with paragraph.3. This Section shall not apply to authorisation schemes which are either imposed or permitted by other Communityinstruments.

Or. en

Justification

Member States should preserve the full responsibility of organising authorisation schemes as long as there is no harmonisation in this matter. Progressing towards more convergence between Member States could be done through an "open method of coordination".



Conditions for the granting of authorisation1. Authorisation schemes shall be based on criteria which preclude the competent authorities from exercising their power of assessment in an arbitrary or discretionary manner.2. The criteria referred to in paragraph 1 must be:(a) non-discriminatory;(b) objectively justified by an overriding reason relating to the public interest;(c) proportionate to that public interest objective;(d) precise and unambiguous;(e) objective;(f) made public in advance.

deleted

Or. en

PE 355.715v01-00 20/24 AM\562658EN.doc

EN

Justification

Member States should preserve the full responsibility of organising authorisation schemes as long as there is no harmonisation in this matter. Progressing towards more convergence between Member States could be done through an "open method of coordination".


Amendment 51Article 16, title

Country of origin principle Host country principle

Or. en

Justification

The country of origin principle will lead to social and environmental dumping. With this principle and without prior harmonisation, service providers will tend to establish themselves in Member States with the lower standards. With this type of legislation the European Union would renounce harmonisation as a central characteristic of its internal market. This principle would also probably favour the development of large transnational consortiums of service providers and jeopardise small local providers, which would contradict the objective of promoting employment in the European Union. Furthermore, there has been no serious legal impact study and therefore the application of the principle would create many legal uncertainties. This principle is also incoherent with the objective of simplification because it will oblige national administrations and judiciary systems to be aware of 25 different national legislations, which will lead to more (and not less) bureaucracy. A free market for economic services could function under the opposite principle (a host country principle).


Amendment 52Article 16, paragraph 1

(1) Member States shall ensure that providers are subject only to the national provisions of their Member State of origin which fall within the coordinated field.

(1) Member States shall ensure that providers are subject (deletion) to the national provisions of the Member State where the activity takes place.

Or. en

AM\562658EN.doc 21/24 PE 355.715v01-00

EN

Justification

The country of origin principle will lead to social and environmental dumping. With this principle and without prior harmonisation, service providers will tend to establish themselves in Member States with the lower standards. With this type of legislation the European Union would renounce harmonisation as a central characteristic of its internal market. This principle would also probably favour the development of large transnational consortiums of service providers and jeopardise small local providers, which would contradict the objective of promoting employment in the European Union. Furthermore, there has been no serious legal impact study and therefore the application of the principle would create many legal uncertainties. This principle is also incoherent with the objective of simplification because it will oblige national administrations and judiciary systems to be aware of 25 different national legislations, which will lead to more (and not less) bureaucracy. A free market for economic services could function under the opposite principle (a host country principle).


Amendment 53Article 16, paragraph 3

(3) The Member State of origin shall be responsible for supervising the provider and the services provided by him, including services provided by him in another Member State.

(3) The host Member State shall be responsible for supervising the provider and the services provided by him.

Or. en

Justification

The country of origin principle will lead to social and environmental dumping. With this principle and without prior harmonisation, service providers will tend to establish themselves in Member States with the lower standards. With this type of legislation the European Union would renounce to harmonisation as a central characteristic of its internal market. This principle would also probably favour the development of large transnational consortiums of service providers and jeopardise small local providers, which would contradict the objective of promoting employment in the European Union. Furthermore, there has been no serious legal impact study and therefore the application of the principle would create many legal uncertainties. This principle is also incoherent with the objective of simplification because it will oblige national administrations and judiciary systems to be aware of 25 different national legislations, which will lead to more (and not less) bureaucracy. A free market for economic services could function under the opposite principle (a host country principle).

PE 355.715v01-00 22/24 AM\562658EN.doc

EN

Amendment by Ignasi Guardans Cambó

Amendment 54Article 17, point 7 a) (new)

(7a) higher education;

Or. fr

Justification

When applying the country of origin principle, a host country for a university would have no control over the university courses provided within its own borders in a field of national competence. In addition, the rights of students should be protected. Once registered it would be extremely difficult for them to change 'service provider' if that service was of poor quality.


Amendment 55Article 18, paragraph 1, point (b)

(b) gambling activities which involve wagering a stake with pecuniary value in games of chance, including lotteries and betting transactions;

deleted

Or. de

Justification

Under the amendment proposed to Article 2, gambling activities which involve wagering a stake, including lotteries and betting transactions, are to be excluded from the scope of the directive. The reference in Article 18(1)(b) accordingly lapses.


Amendment 56Article 21, Paragraph 2

(2) Member States shall ensure that the general conditions of access to a service, which are made available to the public at large by the provider, do not contain discriminatory provisions relating to the nationality or place of residence of the

(2) Member States shall ensure that the general conditions of access to a service, which are made available to the public at large by the provider, do not contain discriminatory provisions relating to the nationality or place or residence of the

AM\562658EN.doc 23/24 PE 355.715v01-00

EN

recipient, but without precluding the possibility of providing for differences in the conditions of access where those differences are directly justified by objective criteria.

recipient, but without precluding the possibility of providing for differences in the conditions of access (including making provision of a service available only to residents of one or more Member States)where those differences are directly justified by objective criteria.

Or. en

Justification

This is to clarify that the Directive cannot be interpreted as obliging broadcasters to offer their services on a trans-frontier basis, as that would be against current rules on copyright and contract law.


Amendment 57Article 40, paragraph 1, point (b)

(b) gambling activities which involve wagering a stake with pecuniary value in games of chance, including lotteries and betting transactions, in the light of a report by the Commission and a wide consultation of interested parties;

deleted

Or. de

Justification

Under the amendment proposed to Article 2, gambling activities which involve wagering a stake, including lotteries and betting transactions, are to be excluded from the scope of the directive. The reference in Article 40(1)(b) accordingly lapses.

AM Com LegReport - European Parliament · 2009-06-29 · #$%&%$'()+,- /o&; .( /$$01$ 231 433!"...

Documents

Transcript of AM Com LegReport - European Parliament · 2009-06-29 · #$%&%$'()+,- /o&; .( /$$01$ 231 433!"...

AM Com LegReport - European Parliament · 2009-06-29 · #$%&%$'()*+,- /o&; .( /$$*01$ 231 433!"...

Documents

Transcript of AM Com LegReport - European Parliament · 2009-06-29 · #$%&%$'()*+,- /o&; .( /$$*01$ 231 433!"...

AM Com LegReport - European Parliament · 2009-06-29 · #$%&%$'()+,- /o&; .( /$$01$ 231 433!"...

Transcript of AM Com LegReport - European Parliament · 2009-06-29 · #$%&%$'()+,- /o&; .( /$$01$ 231 433!"...