The Council agreed on general approaches on two proposals of the "Services Package" to make the internal market more effective:
- a draft directive laying down rules on notification for authorisation requirements in the services sector, and
- a draft directive aimed at carrying out a proportionality test before adoption of new regulation of professions.
A Council general approach allows starting negotiations with the European Parliament.
“Businesses
and professionals are still confronted with disproportionate regulation
to provide services across borders. The Services Package is an
essential tool to facilitate the movement of people and services.
Companies, professionals and consumers will benefit greatly from better
access to different professional activities and services”, said Chris
Cardona, Minister for the Economy, Investment and Small Business of
Malta.
and professionals are still confronted with disproportionate regulation
to provide services across borders. The Services Package is an
essential tool to facilitate the movement of people and services.
Companies, professionals and consumers will benefit greatly from better
access to different professional activities and services”, said Chris
Cardona, Minister for the Economy, Investment and Small Business of
Malta.
Notification procedure in the services sector
The draft
directive seeks to ensure that new national measures approved in member
states fulfil the necessary conditions to facilitate the competitiveness
and integration of the single market in the services sector.
directive seeks to ensure that new national measures approved in member
states fulfil the necessary conditions to facilitate the competitiveness
and integration of the single market in the services sector.
More
specifically, it aims at improving the current notification procedure
of the Services Directive (2006/123/EC). This procedure provides that
member states must notify to the Commission new or changed authorisation
schemes or requirements falling under the scope of the Services
Directive in order to guarantee its correct implementation.
specifically, it aims at improving the current notification procedure
of the Services Directive (2006/123/EC). This procedure provides that
member states must notify to the Commission new or changed authorisation
schemes or requirements falling under the scope of the Services
Directive in order to guarantee its correct implementation.
The
Council's text takes into account the need to enhance the existing
notification procedure and the need to respect the principles of
proportionality and of subsidiarity, in particular the prerogatives of
national parliaments and administrative authorities.
Council's text takes into account the need to enhance the existing
notification procedure and the need to respect the principles of
proportionality and of subsidiarity, in particular the prerogatives of
national parliaments and administrative authorities.
The objective
of the Services Directive is to remove barriers to the establishment of
service providers and the temporary provision of cross-border services.
of the Services Directive is to remove barriers to the establishment of
service providers and the temporary provision of cross-border services.
Professions: tests before adoption of new national rules
The draft directive seeks to improve transparency on the way certain professions are regulated in the member states.
More
specifically, it aims at ensuring that national measures are
proportionate and do not unduly restrict access to professions or create
unjustified burdens in the internal market.
specifically, it aims at ensuring that national measures are
proportionate and do not unduly restrict access to professions or create
unjustified burdens in the internal market.
When regulating
professions, member states will have to make an assessment as to whether
the new or amended rules are justified so as to appreciate their effect
on stakeholders and businesses. The future directive will therefore
harmonise the way in which these proportionality tests are carried out
and the criteria that have to be applied, in accordance with the
European Court of Justice rulings.
professions, member states will have to make an assessment as to whether
the new or amended rules are justified so as to appreciate their effect
on stakeholders and businesses. The future directive will therefore
harmonise the way in which these proportionality tests are carried out
and the criteria that have to be applied, in accordance with the
European Court of Justice rulings.
The obligation to carry out a
proportionality test before introducing new regulation of professions
will supplement provisions of the Professional Qualifications Directive
(2013/55/EU).
proportionality test before introducing new regulation of professions
will supplement provisions of the Professional Qualifications Directive
(2013/55/EU).
The Services Package
The "Services Package", released on 10 January 2017, contains the following legislative proposals:
- Proposal for a services e-card
- Proposal for a services notification procedure
- Proposal for a proportionality test before adoption of new regulation of professions
It also includes guidance on reform recommendations for regulation in professional services.
Promoting
the competitiveness of services markets is essential for the creation
of jobs and growth in the EU, with the services sector accounting for
around 70% of the EU's GDP.
the competitiveness of services markets is essential for the creation
of jobs and growth in the EU, with the services sector accounting for
around 70% of the EU's GDP.
Orientamento
generale sul progetto di direttiva concernente l'applicazione della
direttiva 2006/123/CE relativa ai servizi nel mercato interno, che
istituisce una procedura di notifica dei regimi di autorizzazione e dei
requisiti relativi ai servizi
Orientamento
generale sul progetto di direttiva relativa a un test della
proporzionalità prima dell'adozione di una nuova regolamentazione delle
professioni
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