20.02.2017

European Services Package


Overview

On 10 January 2017 the European Commission presented the so-called Services Package in order to enforce the common market for services:

A new European Services e-card:

The EC presented a proposal for a Directive and a proposal for a Regulation for a simplified electronic procedure with the aim to facilitate cross border registration / establishment. Principle is that the home country interlocutor would then verify the necessary data and transmit it to the host Member State. The host Member State retains the current power to apply domestic regulatory requirements and to decide whether the applicant can offer services on its territory.

Text:

Text Regulation

Text Directive

ECEC statement to the EC

 

Proportionality test before adoption of new regulation of profession:

To prevent a negative impact on the provision of services and the mobility of professionals caused by uneven proportionality assessment of the regulation of professions across the EU, the EC presented a proposal for an obligatory proportionality, to be used by Member States before adopting or amending national regulations on professions. The proposal gives criteria which have to be considered for the assessment, such as for example the nature of the risks, the scope of the reserved activities, the link between qualification and activities, the economic impact of a measure, and so on.

Text

ECEC statement to the EC

 

Notification procedure for authorisation schemes and requirements related to services:

Stricter requirements for the notification procedure for measures related to the Services Directives shall prevent Member States adopting discriminatory, unjustified and disproportionate national authorisation schemes or requirements related to services. The procedure defines the scope of the notification procedure regulated by the Services Directive and defines it more clearly. It establishes a consultation period that provides for a dialogue between the notifying Member State, the European Commission and the other Member States on the compliance of a draft national measure with the Services Directive.

Text

ECEC Statement to the EC

 

Reform recommendations for regulation in professional services:

 

The reform recommendations address a broad range of requirements and provide a detailed analysis of the regulations which apply to architects, civil engineers, accountants, lawyers, patent agents, real estate agents and tourist guides. Not all of them are regarded as violation of Union law by the European Commission. Irrespective of the national regulatory model applicable in each country or region, the aim of the communication is to assist Member States with the removal of specific unjustified substantive restrictions, and to create a "virtuous" regulatory awareness on the part of Member States.

Text Recommendations

Text Staff working Document