Amended proposal for a Directive of the European Parliament and of the Council on the posting of workers who are third-country nationals for the provision of cross-border services
Date: 2000-05-08
Institutions: European Commission
Subjects: foreign national, freedom to provide services, frontier worker, labour law

31.10.2000

EN

Official Journal of the European Communities

C 311 E/187

Amended proposal for a Directive of the European Parliament and of the Council on the posting
of workers who are third-country nationals for the provision of cross-border services (1)

(2000/C 311 E/11)

(Text with EEA relevance)

COM(2000) 271 final (cid:151) 1999/0012(COD)

(Submitted by the Commission pursuant to Article 250(2) of the EC Treaty on 8 May 2000)

(1) OJ C 67, 10.3.1999, p. 12.

INITIAL PROPOSAL

AMENDED PROPOSAL

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

Unchanged

Having regard to the Treaty establishing the European
Community, and in particular Articles 57(2), and 66 thereof,

Having regard to the Treaty establishing the European
Community, and in particular Articles 47(2), and 55 thereof,

Having regard to the proposal from the Commission,

Unchanged

Having regard to the opinion of
Committee (1),

the Economic and Social

Acting in accordance with the procedure laid down in Article
189b of the Treaty,

Acting in accordance with the procedure laid down in Article
251 of the Treaty,

Whereas:

(1) Whereas, pursuant to point (c) of Article 3 of the Treaty,
the abolition, between Member States, of obstacles to the
free movement of
the
services
objectives of the Community.

constitutes one of

(1) Pursuant to point (c) of Article 3(1) of the Treaty, the
abolition, between Member States, of obstacles to the
free movement of
the
services
objectives of the Community.

constitutes one of

(2) Whereas the free movement of services includes the right
for service providers to post their staff even if the persons
in question are not citizens of
third-
in the Community.
country nationals
Whereas
the managers of
companies.

the Union but

legally present

also includes

staff

the

(2) The free movement of services includes the right

for
service providers to post their staff even if the persons
in question are not citizens of
third-
country nationals legally present in the Community. The
staff also includes the managers of companies.

the Union but

(3) Whereas the freedom to provide services neither creates
direct rights for the workers concerned nor affects rights
already recognised at Community or national
level or
those
including
agreements,
under
guaranteed by the Convention for
the Protection of
Human Rights, particularly as regards family life.

international

___________
(1) OJ C 209, 22.7.1999, p. 5.

for

the workers concerned nor affects

(3) The freedom to provide services neither creates direct
rights
rights
already recognised at Community or national
level or
those
including
agreements,
under
guaranteed by the Convention for
the Protection of
Human Rights, particularly as regards family life.

international

C 311 E/188

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Official Journal of the European Communities

31.10.2000

INITIAL PROPOSAL

AMENDED PROPOSAL

(4) Whereas service providers who need to post a worker
who is a third-country national encounter such difficulties
that they are often obliged to withdraw from providing
the service or put up with damaging delays. Whereas the
preventive checks carried out by the Member States in
which the services are provided before any workers are
posted duplicate both the checks they make after the
event and those made in the country of establishment.

(4) Service providers who need to post a worker who is a
third-country national encounter such difficulties that they
are often obliged to withdraw from providing the service
or put up with damaging delays. The preventive checks
carried out by the Member States in which the services
are provided before any workers are posted duplicate both
the checks they make after the event and those made in
the country of establishment.

(5) Whereas The authorities of a Member State in which
services are provided have no guarantee of the lawfulness,
in the Member State in which the provider is established,
of the situation of the service provider and worker to be
posted.
States have no
the workers posted will return to the
guarantee that
Member State in which they chiefly work when the
services have been completed.

the Member

Furthermore,

the lawfulness,

(5) The authorities of a Member State in which services are
provided have no guarantee of
in the
Member State in which the provider is established, of
the situation of the service provider and worker to be
posted.
States have no
the workers posted will return to the
guarantee that
Member State in which they chiefly work when the
services have been completed.

the Member

Furthermore,

(6) Whereas A document known as an (cid:145)EC service provision
card(cid:146), to be issued by the Member State in which the
service provider is established, should be the instrument
that facilitates postings so that a provider can react with a
view to current or potential postings in connection with
normal activities even if his staff includes one or more
third-country nationals; whereas it should be for
the
service provider to decide whether to apply for the EC
service provision card;

(6) A document known as an (cid:145)EC service provision card(cid:146), to
be issued by the Member State in which the service
provider is established, must aim to eliminate the legal
uncertainty associated with postings and thus facilitate
the free movement of services. The service provider
must be entitled to ask for a service provision card in
his Member State of establishment with a view to
providing one or more services in other Member States.
The card must be valid, depending on the application, in
one or more or all of the other Member States.

Whereas This Directive, similarly, does not affect
the
undertakings of the Community and its Member States,
given in the context of the General Agreement on Trade
in Services (GATS) (1). whereas The EC service provision
card should include only the data required under 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 (2).

(6a) This Directive, similarly, does not affect the undertakings
of the Community and its Member States, given in the
context of the General Agreement on Trade in Services
(GATS) (1). The EC service provision card should include
only the data required under 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 (2).

(7) Whereas

the Member State

issuing the EC service
provision card should take account of public policy
aimed at combating clandestine immigration by certifying
the lawfulness of the situation in the Member State in
which the service provider employs the third-country
national. whereas The document should ensure that the
main activity of the posted worker takes place in the
Member State in which the service provider is established.
whereas The document should be safeguarded against
falsification. whereas It is therefore no longer necessary
to require an entry visa.

(7) The Member State issuing the EC service provision card
should take account of public policy aimed at combating
clandestine immigration by certifying the lawfulness of the
situation in the Member State in which the service
national. The
provider
the
document should ensure that the main activity of
posted worker takes place in the Member State in which
the service provider is established. The document should
be safeguarded against
is therefore no
longer necessary to require an entry visa.

third-country

falsification.

employs

the

It

___________
(1) OJ L 336, 23.12.1994, p. 190.
(2) OJ L 281, 23.11.1995, p. 31.

___________
(1) OJ L 336, 23.12.1994, p. 190.
(2) OJ L 281, 23.11.1995, p. 31.

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Official Journal of the European Communities

C 311 E/189

INITIAL PROPOSAL

AMENDED PROPOSAL

the

the time of

the period of

residence and of

the EC service provision card issued by a
(8) Whereas
guarantee
State
should thus provide
Member
necessary to ensure that all other Member States in
which services are to be provided will allow persons to
enter and reside in the country in order to provide one or
more services, namely during and at
the
services. whereas This guarantee should
provision of
include the obligation not to consider the posting as an
interruption of
the
permitted paid activity, and in particular not, under any
circumstances, to refuse readmission of the person posted,
whereas Consequently, the Member State in which the
service is provided should therefore no longer be able to
impose its own requirements as regards entry, residence
and access to a temporary paid activity. whereas This
Directive does not affect the binding rules on conditions
of work and employment prevailing in the Member State
in which a service is provided, those rules having been
laid down by Directive 96/71/EC of
the European
Parliament and of
the Council of 16 December 1996
concerning the posting of workers in the framework of
the provision of services (1).

the time of

(8) The EC service provision card issued by a Member State
should thus provide the guarantee necessary to ensure that
all other Member States in which services are to be
provided will allow persons to enter and reside in the
to provide one or more services,
country in order
namely during and at
the provision of
services. This guarantee should include the obligation
not
the
to consider the posting as an interruption of
period of residence and of the permitted paid activity,
and in particular not, under any circumstances, to refuse
readmission of the person posted, for instance when the
is
employment
terminated. Consequently, the Member State in which the
service is provided should therefore no longer be able to
impose its own requirements as regards entry, residence
and access to a temporary paid activity. This Directive does
not affect the binding rules on conditions of work and
employment prevailing in the Member State in which a
service is provided, those rules having been laid down by
Directive 96/71/EC of the European Parliament and of the
Council of 16 December 1996 concerning the posting of
workers in the framework of the provision of services (1).

contract with the

service provider

(9) Whereas each Member State in which a service is
provided should be able to make it obligatory to
declare, before the entry of the posted worker into the
territory, his intended presence and the service or services
for which he is to be posted. Whereas A compulsory prior
declaration should enable the Member State in question to
take measure in specific cases on grounds of public order,
public security or public health, within the limits set by
this Directive. Whereas Each Member State in which a
service is provided should also be able to make it obli-
gatory to obtain, after entry, a temporary residence permit
if the time required for the service or services for which
the posted worker will reside exceeds six months out of a
period of twelve months.

(9) Each Member State in which a service is provided should
be able to make it obligatory to declare, before the entry
of
the posted worker into the territory, his intended
presence and the service or services for which he is to
be posted. A compulsory prior declaration should enable
the Member State in question to take measure in specific
cases on grounds of public order, public security or public
health, within the limits set by this Directive. The same
applies when the employment relationship is suddenly
terminated and the posted worker’s stay on the territory
of that Member State is thus no longer required for the
provision of a service. Each Member State in which a
service is provided should also be able to make it obli-
gatory to obtain, after entry, a temporary residence permit
if the time required for the service or services for which
the posted worker will reside exceeds six months out of a
period of twelve months.

(10) Whereas each Member State should thus be able to check,
particularly if a temporary residence permit is issued, that
the residence of the worker posted is for the purpose of
providing a service or
in the Member State.
services
Whereas the freedom to provide services should always be
of a temporary nature which must be determined on the
basis of
the
service. Whereas the validity of the temporary residence
limitation to the period of
permit should be capable of
validity of the EC service provision card on the grounds
that
in conformity
with the freedom to provide services, a residence permit
in accordance with its own national provisions
for
postings exceeding six or twelve months.

the Member State intends to issue,

frequency, and duration of

the continuity,

(10) Each Member State

able

services

should thus be

to check,
particularly if a temporary residence permit is issued, that
the residence of the worker posted is for the purpose of
providing a service or services in the Member State. The
should always be of a
freedom to provide
temporary nature which must be determined on the basis
of the continuity, frequency, and duration of the service.
The validity of the temporary residence permit should be
limitation to the period of validity of the EC
capable of
service provision card on the grounds that the Member
State intends to issue, in conformity with the freedom to
provide services, a residence permit in accordance with its
own national provisions for postings exceeding six or
twelve months.

___________
(1) OJ L 18, 21.1.1997, p. 1.

___________
(1) OJ L 18, 21.1.1997, p. 1.

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Official Journal of the European Communities

31.10.2000

INITIAL PROPOSAL

AMENDED PROPOSAL

(11) Whereas for this Directive to be effective, there must be
equality of treatment between third-country nationals and
citizens of the Union posted as workers as regards the
recognition of diplomas, certificates and other qualifi-
cations acquired within the Community. Whereas under
this Directive, this equality of treatment should be invoked
only by service providers who employ third-country
nationals. whereas This equality of treatment should not
cover diplomas,
and other qualifications
acquired in a third country and only recognised in a
Member State.

certificates

(12) Whereas Member States should not be able to confer
more favourable treatment on service providers estab-
lished outside the Community than on those established
within the Community. whereas The Member States may
derogate from this Directive on grounds of public order,
public security or public health. whereas The limits of
to
such derogation must be determined with respect
service providers as employers and the workers who are
third-country nationals on the basis of the coordination
provided for in Directive 64/221/EEC of 25 February
1964 on the coordination of special measures concerning
the movement and residence of foreign nationals which
are justified on grounds of public policy, public security
or public health (1),
amended by Directive
last
75/35/EEC (2), in order to establish a uniform framework
for the service provider regardless of the nationality of his
staff.

as

(13) Whereas it is vital for the implementation of this Directive
to ensure close cooperation between the competent auth-
orities of the Member States. whereas It would be useful
for the competent authorities of the Member States to
for the EC service provision
adopt a uniform format
card. whereas The Commission should be empowered to
lay down this format and other procedures in connection
with the EC service provision card, acting in accordance
with the procedure set out in Council Regulation (EC) No
1683/95 of 29 May 1995 laying down a uniform format
for visas (3).

(11) For this Directive to be effective, there must be equality of
treatment between third-country nationals and citizens of
the Union posted as workers as regards the recognition of
diplomas, certificates and other qualifications acquired
within the Community. Under
this
equality of treatment should be invoked only by service
providers who employ third-country nationals. This
equality of
cover diplomas,
certificates and other qualifications acquired in a third
country and only recognised in a Member State.

this Directive,

should not

treatment

(12) Member States

should not be able to confer more
favourable treatment on service providers established
outside the Community than on those established within
the Community. The Member States may derogate from
this Directive on grounds of public order, public security
or public health. The limits of such derogation must be
determined with respect to service providers as employers
and the workers who are third-country nationals on the
basis of
in Directive
64/221/EEC of 25 February 1964 on the coordination
of
concerning the movement and
foreign nationals which are justified on
residence of
grounds of public policy, public security or public
health (1), as last amended by Directive 75/35/EEC (2), in
order to establish a uniform framework for the service
provider regardless of the nationality of his staff.

the coordination provided for

special measures

(13) It

is vital

for the implementation of

this Directive to
ensure close cooperation between the competent auth-
orities of the Member States. It would be useful for the
competent authorities of the Member States to adopt a
uniform format for the EC service provision card. The
Commission should be empowered to lay down this
format and other procedures in connection with the EC
service provision card, acting in accordance with the
procedure
in Council Regulation (EC) No
1683/95 of 29 May 1995 laying down a uniform
format for visas (3).

set out

(13a) Since the measures needed to implement this Directive
are measures of general scope within the meaning of
Article 2 of Council Decision 1999/468/EC of 28 June
1999 laying down the procedures for the exercise of
implementing powers conferred on the Commission (4)
these measures should be adopted according to the regu-
latory procedure set out in Article 5 of that Decision.

___________
(1) OJ 56, 4.4.1964, p. 850.
(2) OJ L 14, 20.1.1975, p. 14.
(3) OJ L 164, 14.7.1995, p. 1.

___________
(1) OJ 56, 4.4.1964, p. 850.
(2) OJ L 14, 20.1.1975, p. 14.
(3) OJ L 164, 14.7.1995, p. 1.
(4) OJ L 184, 17.7.1999, p. 23.

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C 311 E/191

INITIAL PROPOSAL

AMENDED PROPOSAL

(14) Whereas this Directive does not affect the competence of
the Member States to decide which third-country nationals
are to be admitted for the purpose of a paid activity, the
conditions on which such admission should be extended
or which professional activities are regulated on national
territory, and which are not.

(15) Whereas in accordance with the principle of propor-
tionality as set out in the third paragraph of Article 3b,
this Directive does not go beyond what is necessary for
achieving the objective of the free movement of services.
Whereas it covers only the checks that precede the
provision of cross-border services, but not
the checks
made afterwards in the Member State in which the
service is provided. Whereas it is limited to postings for
periods of not more than twelve months and to the recog-
nition of diplomas, certificates and other qualifications
acquired within the Community.

(14) This Directive does not affect

the competence of

the
Member States to decide which third-country nationals
are to be admitted for the purpose of a paid activity,
the conditions on which such admission should be
extended or which professional activities are regulated
on national territory, and which are not.

the free movement of services.

(15) In accordance with the principle of proportionality as set
out in the third paragraph of Article 5, this Directive does
is necessary for achieving the
not go beyond what
objective of
It covers
only the checks that precede the provision of cross-border
the checks made afterwards in the
services, but not
Member State in which the service is provided.
is
limited to postings for periods of not more than twelve
months and to the recognition of diplomas, certificates
and other qualifications acquired within the Community.

It

(16) Whereas, for the purpose of implementing this Directive,
Member States should lay down an appropriate system of
sanctions.

(16) For the purpose of implementing this Directive, Member
system of
should lay down an appropriate

States
sanctions.

(17) Whereas, not later than four years after the date of trans-
position of this Directive, the Commission must examine
its application with a view to proposing any necessary
amendments,

(17) Not later than four years after the date of transposition of
this Directive,
its
the Commission must
application with a view to proposing any necessary
amendments,

examine

HAVE ADOPTED THIS DIRECTIVE:

Unchanged

Article 1

This Directive applies to service providers established in a
Member State who, in connection with the provision of cross-
border services, post workers who are nationals of a third
country to the territory of another Member State.

Article 2

Article 2

1. When a provider of services proposes,
in the ordinary
course of his business, to post an employed worker who is a
national of a third country Member States on account of one of
the situations
(a) and (b) of Directive
96/71/EC, the Member State in which the service-provider is
established shall be obliged to issue to him, at his request, a
document to be known as an (cid:145)EC service provision card(cid:146).

in points

set out

1. When a provider of services proposes,
in the ordinary
course of his business, to post an employed worker who is a
national of a third country, for the provision of one or more
services to be carried out in one or more or all of the other
Member States, the Member State in which the service-provider
is established shall be obliged to issue to him, at his request, a
document to be known as an (cid:145)EC service provision card(cid:146).

C 311 E/192

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Official Journal of the European Communities

31.10.2000

INITIAL PROPOSAL

AMENDED PROPOSAL

A posted worker is one whom the service provider
1a.
intends to post,
for his account and under his direction,
either under one or more contracts with one or more parties
for whom the services are intended, operating in another
Member State, or to an establishment or to an undertaking
owned by the
established in another
Member State. The card may be issued only if the service
provider in question provides evidence

same group but

(a) that he is not a temporary employment undertaking hiring

out the worker to another user undertaking;

(b) that the worker is legally resident in that Member State in
accordance with its national legislation for a period of 12
months or more, excepting persons possessing documents
which confirm that their presence in that Member State is
only accepted pending their expulsion.

he is affiliated to the social security scheme in the Member
State responsible for the risk of sickness or industrial
accident, or else is insured against the risk of sickness or
industrial accident during his posting to one or more other
Member States.

(c) that the worker is insured against the risk of sickness and
industrial accident at the time of his posting to the other
Member State(s) concerned by the social security institution
of the Member State in which the service provider is estab-
lished, or by a private insurance scheme.

2.
The EC service provision card shall be valid for the
period during which the worker is in lawful actual employment
which may not exceedmay not exceed.

2.
The EC service provision card shall be valid for the
period during which the worker is in lawful employment.
The period of validity may not exceed the period of
lawful
employment preceding the issue of the card, and may under
no circumstances exceed 12 months. The period of preceding
lawful employment may not be less than six months.

(a) twelve months in the case of lawful actual employment for
more than twelve months before the card is issued; or

Deleted

(b) six months in the case of

lawful actual employment for

more than six months before the card is issued.

employment(cid:146) means work

(cid:145)Lawful
under
Community or national regulations or with the authorisation
of the Member State issuing the EC service card, which permits
access to a job either with the applicant service provider or
with another employer established in the Member State in
question.

carried

out

regulatory or administrative provisions of

(cid:145)Lawful employment(cid:146) means a paid activity which may be
carried out by virtue of a provision of Community law or of
the
legislative,
Member State in which the service provider is established, by
a worker who legally resides in that Member State, excepting
persons possessing documents which only confirm that their
presence in that Member State is only accepted pending their
expulsion.

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INITIAL PROPOSAL

AMENDED PROPOSAL

(cid:145)Actual employment(cid:146) means the work actually carried out on
the territory of
the Member State issuing the EC service
provision card.

Deleted

3.
The EC service provision card shall be renewable only if
the conditions as to its issue set out in paragraphs 1 and 2 are
fulfilled once more.

3.
The EC service provision card shall be renewable only if
the conditions as to its issue set out in paragraphs 1, 1a and 2
are fulfilled once more.

4.
The EC service provision card shall be a separate
document belonging to the service provider, which he puts
at
the posted employed worker described
therein. Shall contain the following data:

the disposal of

3a.
The EC service provision card shall lose its validity if one
of the conditions set out in paragraphs 1, 1a and 2 is no longer
met because of events occurring after the issue of the card.

the disposal of

4.
The EC service provision card shall be a separate
document belonging to the service provider, which he puts
at
the posted employed worker described
therein. If the card is no longer valid, the Member State in
which the service provider is established shall require him to
return the card immediately to its responsible authorities. The
card shall contain the following data:

(a) details of the service provider and the posted worker;

Unchanged

(b) the period of validity;

(c) the issuing authority and issuing Member State;

(d) the Member State(s) for which the card is valid.

The precise details, a specimen of the document to be issued,
and the technical specifications designed to prevent falsification
shall be
laid down in an implementing regulation in
accordance with the procedure provided for in Article 6 of
Regulation (EC) No 1683/95.

The precise details, a specimen of the document to be
4a.
issued, and the technical specifications designed to prevent
falsification shall be laid down in an implementing regulation
in accordance with the procedure provided for in Article 5a(2).

5.
The Member State issuing the EC service provision card
may not regard posting for the provision of services in another
Member State as being an interruption of the posted worker’s
period of residence or paid activity.

Unchanged

The issuing Member State may not refuse, under national regu-
lations, the readmission to its territory of the posted worker,
for any reason whatsoever.

The issuing Member State may not refuse, under national regu-
lations, the readmission to its territory of the posted worker,
for any reason whatsoever,
including the termination of the
employment relationship between the service provider and
the worker in question.

C 311 E/194

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INITIAL PROPOSAL

AMENDED PROPOSAL

Article 3

Unchanged

Any Member State in which services are provided shall
1.
permit the entry and residence of a worker who is a third-
country national to its territory for the purpose of one or more
provisions of services, if such person is in possession of the EC
service provision card, an identity card or passport valid for the
period during which the services are to be provided.

Any Member State in which services are provided shall
1.
permit the entry and residence of a worker who is a third-
country national to its territory for the purpose of one or more
provisions of services, if such person is in possession of the EC
service provision card, an identity card or passport valid for the
period during which the services are to be provided, and a
statement from the service provider entrusting him with the
provision of a service, showing the probable duration of the
stay.

2.
No Member State in which a service is provided may
require from the posted worker or the service provider in his
capacity as employer

Unchanged

(a) an entry or exit visa;

(b) a residence permit other than that specified in paragraph 3;

or

(c) a work permit or permit for access to a job; or

(d) impose any obligation equivalent to those in points (a), (b)

and (c).

3.
Any Member State in which a service is provided may
require the service provider to declare, before the worker enters
the territory, the intended presence of the posted worker, the
period of presence provided for and the service provision or
provisions for which he is to be posted;

3.
Any Member State in which a service is provided may
require the service provider to declare, before the worker enters
the territory, the intended presence of the posted worker, the
period of presence provided for and the service provision or
provisions for which he is to be posted; that Member State may
also require the service provider to notify immediately the
termination of the employment contract.

the total period required for

If
the service provision or
provisions in question exceeds six months out of a period of
twelve months, the Member State shall issue, after entry of the
posted worker, a temporary residence permit showing that
residence is authorised.

Unchanged

In order

4.
services, any
to facilitate the provision of
Member State in which a service is carried out shall ensure
treatment between third-country nationals and
equality of
citizens of the Union posted as workers for the purpose of
provision of services as regards the recognition of diplomas,
certificates
acquired within the
Community with a view to performing the activity concerned,
and issued by a competent authority of a Member State. The
Member State shall ensure that legal remedy under national law
is available to the service provider in his capacity as employer
in connection with decisions that fail to observe this equality of
treatment.

and other qualifications

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INITIAL PROPOSAL

Article 4

AMENDED PROPOSAL

1. Member States shall not give more favourable treatment
to service providers established outside the Community than to
those established within the Community.

2. Member States may not derogate from this Directive
except on grounds of public order, public security or public
health, in which case Directive 64/221/EEC shall apply mutatis
mutandis.

Article 5

the

shall designate

The Member States

1.
authorities
responsible for issuing the EC service provision card and the
temporary residence permit, and for receiving the information
referred to in Article 3(3). They shall provide the Commission
and the other Member States with a list of such authorities.
They shall take the necessary measures for simplifying as far as
possible the formalities, deadlines and procedures for obtaining
the above-mentioned documents, which shall be issued free of
charge or on payment of a sum not exceeding the duties and
taxes payable for the issuing of
identity cards to national
citizens.

2. Member States shall provide for cooperation between the
public administrations responsible under national legislation for
matters connected with the implementation of this Directive.

Cooperation shall in particular entail replying to any reasoned
request for information. Such cooperation shall be provided
free of charge and without delay.

Article 5a

The Commission shall be assisted by the committee set

1.
up by Article 6 of Regulation (EC) No 1683/95.

2.
If reference is made to this paragraph, the procedure set
out in Article 5 of Decision 1999/468/EC shall apply, while
respecting the provisions of Article 7(3) and Article 8 of that
Decision.

The period provided for in Article 5(6) of Decision

3.
1999/468/EC is fixed at three months.

Article 6

Unchanged

enforcement.

Member States shall
lay down the penalties applicable to
infringements of national rules adopted for the implementation
of this Directive and shall take all necessary measures to ensure
their
effective,
proportionate and deterrent. Member States shall notify the
Commission of
than the date
specified in Article 8, and as soon as possible in the event of
any subsequent changes.

these provisions not

penalties

shall

later

The

be

C 311 E/196

EN

Official Journal of the European Communities

31.10.2000

INITIAL PROPOSAL

Article 7

AMENDED PROPOSAL

No later than four years after the date specified in Article 8,
the Commission shall report to the European Parliament and
the Council on the implementation of this Directive in the
Member States and shall propose any necessary changes.

Article 8

The Member States shall adopt and publish no later than 30
June 2002 the laws, regulations and administrative provisions
necessary to comply with this Directive. They shall forthwith
inform the Commission thereof.

When Member States adopt those provisions, they shall contain
a reference to this Directive or be accompanied by such a
reference on the occasion of
their official publication.
Member States shall determine how such reference is to be
made.

Article 9

This Directive shall enter into force on the twentieth day
following that of its publication in the Official Journal of the
European Communities.

Article 10

This Directive is addressed to the Member States.