[ARTICLE 47]

SINGLE MARKET:

COUNCIL-PARLIAMENT DUAL AUTHORITY STILL TO ISSUE DIRECTIVES

FOR MUTUAL RECOGNITION OF DIPLOMAS,

CERTIFICATES AND QUALIFICATIONS

[ARTICLE 47]

AMENDMENT TO: Treaty of Lisbon amending the Treaty on European Union and t= he Treaty establishing the European Community (Lisbon, 13 December 2007)<= /span>

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Policy Area:

Treaty= on the Functioning of the European Union, Part Three Policies and Internal Act= ions of the Union, Title III – Free movement of persons, services and capi= tal, Chapter 2 – Right of establishment, Article 47

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Amendment:<= /o:p>

Clause 2,&n= bsp; page 1, line 12, after ‘excluding’, insert—

‘(i) Article 2, paragraphs 52 to 55, amendments to Articles 44(2), 45 and 47, and inserted Article 48a TEC (TFEU) relating to freedom of establishment; and

(ii)’.

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<= st1:City w:st=3D"on">Lisb= on Treaty: =

“= ;54) Article 47 shall be amended as follows:

(a) the following phrase shall be added at the end of para= graph 1: "and for the coordination of the provisions laid down by law, regulation or administrative action in

Member States concerning the taking-up and pursuit of activities as self-employed = persons.";

(b) paragraph 2 shall be deleted and paragraph 3 shall be renumbered 2; “

Consolidated Treaty Article(s):

“Article 47

1. I= n order to make it easier for persons to take up= and pursue activities as self-employed persons, the Council shall, acting in accordance with the procedure referred to in Article 251, issue directives = for the mutual recognition of diplomas, certificates and other evidence of formal qualifications.

2. For the same purpose, the Council shall, acting in accordance wi= th the procedure referred to in Article 251, issue directives for the coordina= tion of the provisions laid down by law, regulation or administrative action in Member States concerning the taking-up and pursuit of activities as self-em= ployed persons. The Council, acting unanimously throughout the procedure referred = to in Article 251, shall decide on directives the implementation of which invo= lves in at least one Member State amendment of the existing principles laid down= by law governing the professions with respect to training and conditions of ac= cess for natural persons. In other cases the Council shall act by qualified majo= rity.

3. I= n the case of the medical and allied and pharmaceutical professions, the progressive abolition of restrictions shall= be dependent upon coordination of the conditions for their exercise in the var= ious Member States.”

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Expl= anation:

The Council and the European Parliament will continue to adopt together “directives for the mutual recognition of diplomas, certificates and other evidence of formal qualifications” as well as “directives and for the coordination of the provisions laid down by law, regulation or administrative action in Member States concerning the taking-up and pursuit of activities as self-employed persons." The Lisbon Treaty replaces the words "the Council [shall], acting in accordance with the procedure referred to in Article 251" by "the European Parliament and the Council [shall], acting in accordance with the ordinary legislative procedure." These matters will continue to be decided by QMV at the Council.

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The Li= sbon Treaty has also deleted the requirement of Article 47 (2) for “The Council, acting unanimously throug= hout the procedure referred to in Article 251, shall decide on directives the implementation of which involves in at least one Member State amendment of t= he existing principles laid down by law governing the professions with respect= to training and conditions of access for natural persons.” It concerns c= ases where a directive would require a Member Stat= e to amend its legal requirements on professional training and conditions of access.