Recent development in the field of Services Directive

The EU Commission launched the EU infringement procedure against 12 Member States that have not yet fully transposed the Directive (among which is Belgium) and consults interested stakeholders in the context of the Directive's implementation process.

Recent developments show that the implementation of the Services Directive is at the top of the "to-do" list of the European Commission.

Last 24 June, it sent a reasoned opinion to the Member States that  have not yet notified the Commission of the adoption of all the regulatory changes required by the Directive – namely Austria, Belgium, Cyprus, France, Germany, Greece, Ireland, Luxemburg, Portugal, Romania, Slovenia and the United Kingdom.

The Services Directive aims to improve the functioning of the Single Market for services. It also requires Member States to remove unjustified or disproportionate legal and administrative barriers to the setting-up of a business or the provision of cross-border services in the EU. It also aims to dismantle barriers affecting service recipients (whether consumers or businesses) wanting to have access to services from other Member States. The Directive also required Member States to set up  "Points of Single Contact" for businesses. It had to be transposed by 28 December 2009.

The sending of a reasoned opinion is the second stage of the EU infringement procedure. If Member States do not reply satisfactorily within two months, the Commission may refer them to the EU Court of Justice.

Meanwhile, the "mutual evaluation process" goes on. Since January of this year, all EU Member States have engaged, together with the European Commission, in a peer review process of mutually evaluating certain aspects of their national legal frameworks applicable to service providers : the so-called "mutual evaluation process". As part of this process, interested parties are invited to share their views on the aspects of national legislation which have been modified and adopted by Member States as well as on the national measures which continue to impose requirements either on the establishment of service providers or on the cross-border provision of their services. The consultation concluded on 13 September 2010.

The Services Directive requires that the Commission will report to the European Parliament and to the Council on the results of the "mutual evaluation process" and of this consultation to interested parties by the end of this year.