06/02/17

The Commission presents the new Services Package

On 10 January 2017, the Commission presented the new Services Package as part of the roadmap contained in the Single Market Strategy . The goal of the proposed measures is to render administrative formalities easier for services providers while helping Member States to identify burdensome or outdated requirements on professionals operating domestically or across the borders .

In order to achieve this, the Commission has not proposed amending the existing EU legislation concerning services but focusing on its implementation given that evidence shows that a full implementation of the current EU rules on services would provide a significant boost to the EU economy .     This package encompasses four initiatives:

First, the Commission has proposed a new European Services e-card . This is a simplified electronic procedure that will facilitate the fulfilment of the administrative formalities required to provide services abroad .     The system will allow services providers to liaise with a single interlocutor in their home country and in their own language .     Such interlocutor would then validate the necessary data and transmit it to the host Member State . Two important aspects will remain unaffected: (i) the Member States’ current power to apply domestic regulatory requirements and to decide whether applicants can provide services in its territory; and (ii) employer obligations and/or workers’ rights .

Second, the Commission has proposed to streamline and clarify how Member States should undertake a comprehensive and transparent proportionality test before adopting or amending national rules on professional services .

Third, the Commission has offered guidance for national amendments to professions’ regulation .     This initiative results from the mutual exercise undertaken by Member States between 2014 and 2016, which showed that countries such as Italy, Poland, Portugal and Spain, that have further liberalised their services markets, are now benefitting from a wider choice of services at better prices, while maintaining high standards for consumers and workers .     The guidance offered by the Commission in this aspect concerns the regulation of professional services with high growth and job potential, i .e . architects, engineers, lawyers, accountants, patent agents, real estate agents and tourist guides .    

Finally, the Commission has proposed to improve the notification of draft national laws on services . Under EU law, it is already required that Member States notify amendments to national rules on services to the Commission . This allows both the EU institution and other Member States to raise potential concerns about possible inconsistencies with EU law .     The current proposal aims to improve this mechanism in order to make it more timely, effective and transparent .

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