BETA


2016/0398(COD) Services in the internal market: notification procedure for authorisation schemes and requirements related to services

Progress: Awaiting committee decision

RoleCommitteeRapporteurShadows
Lead IMCO
Former Responsible Committee IMCO GUTIÉRREZ PRIETO Sergio (icon: S&D S&D)
Committee Opinion CONT
Committee Opinion ECON
Committee Opinion EMPL
Committee Opinion ENVI
Committee Opinion ITRE
Committee Opinion CULT
Committee Opinion JURI
Committee Opinion LIBE
Committee Opinion PETI
Former Committee Opinion CONT
Former Committee Opinion ECON
Former Committee Opinion EMPL
Former Committee Opinion ENVI
Former Committee Opinion ITRE
Former Committee Opinion CULT
Former Committee Opinion JURI
Former Committee Opinion LIBE
Former Committee Opinion PETI
Lead committee dossier:
Legal Basis:
TFEU 053-p1, TFEU 062, TFEU 114

Events

2017/12/14
   EP - Results of vote in Parliament
2017/12/08
   EP - Committee report tabled for plenary, 1st reading/single reading
Details

The Committee on the Internal Market and Consumer Protection adopted the report by Sergio GUTIÉRREZ PRIETO (S&D, ES) on the proposal for a directive of the European Parliament and of the Council on the enforcement of the Directive 2006/123/EC on services in the internal market, laying down a notification procedure for authorisation schemes and requirements related to services, and amending Directive 2006/123/EC and Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System.

As a reminder, the proposal aims to increase the efficiency of the notification procedure for better application of the Services Directive in order to facilitate the freedom of establishment of service providers and the freedom to provide services in the single market.

The committee recommended that the European Parliament’s position adopted at first reading under the ordinary legislative procedure should amend the Commission proposal as follows.

Derogations from the notification obligation : in order to ensure that the notification obligation on such authorities is proportionate, Members considered that draft measures implementing authorisation schemes or requirements which have already been notified to the Commission and adopted by the Member State concerned at national level should not be subject to notification.

In addition, Member States shall not be obliged to notify, prior to their adoption, the modifications to a draft measure that is already subject to an ongoing notification procedure, made by a Member State parliament at national or regional level, The Member State concerned may adopt such measures as modified and shall notify them to the Commission without delay, and at the latest two weeks after their adoption.

Members also considered that the obligation to notify a draft measure prior to its adoption shall not apply when a Member State has to adopt an urgent measure very quickly due to serious and unforeseeable circumstances relating to public policy, public security, public health or the protection of the environment.

This exception shall not be used to circumvent the implementation of the notification procedure laid down in this Directive. As a result, Member States should notify all such adopted measures to the Commission, together with their content and the reasons for the urgency that triggered their adoption, without undue delay and in any case not later than the day on which those urgent measures were adopted .

Consultation : the Commission shall facilitate the possibility to comment on the notifications made by Member States within the consultation period and inform the Member State concerned of relevant feedback, if it considers this to be necessary.

Alerts : the proposal provides that if the Commission expresses concerns (an ‘alert’) about the compatibility of the notified draft measure with the Services Directive, the notifying Member State may not adopt the measure in question for a period of three months after the closure of the consultation period organised between the notifying Member State, the other Member States and the Commission.

Members consider that the receipt of an alert shall not prevent the Member State from adopting the corresponding legislation, Regulation or administrative act after the period of three months has passed.

Documents
2017/10/11
   CofR - Committee of the Regions: opinion
Documents
2017/05/31
   ESC - Economic and Social Committee: opinion, report
Documents
2017/05/30
   DE_BUNDESTAG - Contribution
Documents
2017/05/30
   CSL - Council Meeting
2017/05/17
   IT_SENATE - Contribution
Documents
2017/04/13
   DE_BUNDESRAT - Contribution
Documents
2017/04/10
   AT_BUNDESRAT - Contribution
Documents
2017/03/31
   DE_BUNDESTAG - Reasoned opinion
Documents
2017/03/29
   DE_BUNDESRAT - Reasoned opinion
Documents
2017/03/27
   FR_SENATE - Reasoned opinion
Documents
2017/03/16
   FR_ASSEMBLY - Reasoned opinion
Documents
2017/03/15
   PT_PARLIAMENT - Contribution
Documents
2017/01/25
   EP - Former Responsible Committee
2017/01/19
   EP - Committee referral announced in Parliament, 1st reading/single reading
2017/01/11
   EC - Document attached to the procedure
2017/01/11
   EC - Document attached to the procedure
2017/01/10
   EC - Legislative proposal published
Details

PURPOSE: to lay down a notification procedure for the better enforcement of the ‘Services’ Directive in order to facilitate the freedom of establishment for services providers and the freedom to provide services in the single market.

PROPOSED ACT: Directive of the European Parliament and of the Council.

ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.

BACKGROUND: Directive 2006/123/EC of the European Parliament and of the Council provides, inter alia, that authorisation schemes and certain types of requirements related to services must be non-discriminatory with regard to nationality or residence, justified by an overriding reason related to the public interest.

To make sure that new measures imposed by Member States actually fulfil these conditions and thus facilitate the competitiveness and integration of the single market in services, the Services Directive provides that Member States shall notify to the Commission new or changed authorisation schemes or certain new or changed requirements falling under the Directive.

Commission assessments have shown, however, that the current notification procedure under the Services Directive does not always achieve its objective. The Commission therefore presents a self-standing legislative instrument modernising the current notification procedure under the Services Directive in order to improve the enforcement of the existing provisions of that Directive.

This proposal is included in the continuation of the Single Market Strategy .

The European Council called for ambition in delivering the Single Market Strategy and for the different Single Market strategies to be completed and implemented by 2018.

IMPACT ASSESSMENT: the preferred choice is a combination of options to use a legislative initiative to enable identified shortcomings to be addressed and establish an effective and efficient notification procedure with only a small increase in administrative costs for national public authorities and the Commission.

CONTENT: the notification procedure established by the proposed Directive aims to ensure that certain national restrictions to the freedom of establishment and to the freedom to provide services will comply with the Services Directive, contributing to its better enforcement.

Notification obligation : Member States shall notify to the Commission any draft measure that introduces new requirements or authorisation schemes, or modifies such existing requirements or authorisation schemes.

The proposal also provides that Member States have to notify authorisation schemes, certain establishment requirements, certain requirements affecting the freedom to provide services and requirements concerning professional liability insurance and multidisciplinary activities.

Consultation, alert and Decision : the proposal establishes a consultation period of three months following the notification of a draft measure. The Commission and other Member States have a maximum of two months to comment on a notified measure, followed by a maximum of one month for the notifying Member State to respond to such comments.

The Commission may issue an alert to the notifying Member State where after assessing the notified measure it has concerns about its compliance with the Services Directive. The issuing of an alert implies that the Member State concerned shall not adopt the notified measure at issue for three months.

After an alert has been issued, the Commission may adopt a legally binding Decision finding the notified measure to be incompatible with the Services Directive and requesting the notifying Member State to refrain from adopting it.

Information to the public : the proposal provides for transparency to third parties of notified draft measures, accompanying information and the final adopted measures.

In order to ensure an effective exchange of information between the Member States and the Commission, the Internal Market Information System set up by Regulation (EU) No 1024/2012 (IMI Regulation) of the European Parliament and of the Council should continue to be used under this Directive.

Documents

Votes

A8-0396/2017 - Sergio Gutiérrez Prieto - Décision d'engager des négociations interinstitutionnelles 14/12/2017 12:09:41.000

2017/12/14 Outcome: +: 444, -: 164, 0: 7
DE PL RO GB FR BE BG ES CZ SK HR PT HU SE NL IT LV SI MT LT FI DK LU EE AT IE CY EL
Total
82
44
24
59
63
20
13
43
17
11
11
17
9
17
23
55
8
8
6
7
7
9
6
6
18
9
5
17
icon: PPE PPE
177

Lithuania PPE

1

Finland PPE

For (1)

1

Luxembourg PPE

3

Estonia PPE

For (1)

1

Cyprus PPE

1

Greece PPE

1
icon: S&D S&D
155

Croatia S&D

2

Hungary S&D

2

Netherlands S&D

3

Latvia S&D

1

Slovenia S&D

For (1)

1

Malta S&D

3

Denmark S&D

2

Luxembourg S&D

For (1)

1

Estonia S&D

For (1)

1

Cyprus S&D

2
icon: ECR ECR
60

Romania ECR

For (1)

1

Bulgaria ECR

1

Czechia ECR

For (1)

1

Slovakia ECR

2

Croatia ECR

For (1)

1

Netherlands ECR

2

Italy ECR

1

Latvia ECR

For (1)

1
2

Greece ECR

Against (1)

1
icon: ALDE ALDE
54
3

Romania ALDE

2

United Kingdom ALDE

1

Bulgaria ALDE

3

Croatia ALDE

2

Portugal ALDE

1

Latvia ALDE

1

Slovenia ALDE

For (1)

1

Finland ALDE

1

Denmark ALDE

2

Luxembourg ALDE

For (1)

1

Estonia ALDE

3

Austria ALDE

For (1)

1

Ireland ALDE

For (1)

1
icon: NI NI
12

Germany NI

2

Poland NI

Against (1)

2

United Kingdom NI

Against (1)

1

France NI

Against (1)

2
icon: EFDD EFDD
32

Germany EFDD

Against (1)

1

Sweden EFDD

For (1)

1
icon: ENF ENF
31

Germany ENF

Against (1)

1

Poland ENF

2

Romania ENF

Against (1)

1

United Kingdom ENF

Against (1)

1

Belgium ENF

Against (1)

1

Netherlands ENF

3
icon: Verts/ALE Verts/ALE
45

United Kingdom Verts/ALE

5

Belgium Verts/ALE

2

Croatia Verts/ALE

Against (1)

1

Sweden Verts/ALE

4

Netherlands Verts/ALE

2

Italy Verts/ALE

Against (1)

1

Latvia Verts/ALE

Against (1)

1

Slovenia Verts/ALE

Against (1)

1

Lithuania Verts/ALE

Against (1)

1

Finland Verts/ALE

Against (1)

1

Denmark Verts/ALE

Against (1)

1

Luxembourg Verts/ALE

Against (1)

1

Estonia Verts/ALE

Against (1)

1

Austria Verts/ALE

3
icon: GUE/NGL GUE/NGL
48

United Kingdom GUE/NGL

Against (1)

1

Czechia GUE/NGL

2

Sweden GUE/NGL

Against (1)

1

Netherlands GUE/NGL

3

Italy GUE/NGL

3

Denmark GUE/NGL

Against (1)

1
4

Cyprus GUE/NGL

2
AmendmentsDossier
217 2016/0398(COD)
2017/09/07 IMCO 217 amendments...
source: 610.537

History

(these mark the time of scraping, not the official date of the change)

activities
  • date
    2017-01-10T00:00:00
    docs
    • url
      http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2016/0821/COM_COM(2016)0821_EN.pdf
      text
      • PURPOSE: to lay down a notification procedure for the better enforcement of the ‘Services’ Directive in order to facilitate the freedom of establishment for services providers and the freedom to provide services in the single market.

        PROPOSED ACT: Directive of the European Parliament and of the Council.

        ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.

        BACKGROUND: Directive 2006/123/EC of the European Parliament and of the Council provides, inter alia, that authorisation schemes and certain types of requirements related to services must be non-discriminatory with regard to nationality or residence, justified by an overriding reason related to the public interest.

        To make sure that new measures imposed by Member States actually fulfil these conditions and thus facilitate the competitiveness and integration of the single market in services, the Services Directive provides that Member States shall notify to the Commission new or changed authorisation schemes or certain new or changed requirements falling under the Directive.

        Commission assessments have shown, however, that the current notification procedure under the Services Directive does not always achieve its objective. The Commission therefore presents a self-standing legislative instrument modernising the current notification procedure under the Services Directive in order to improve the enforcement of the existing provisions of that Directive.

        This proposal is included in the continuation of the Single Market Strategy.

        The European Council called for ambition in delivering the Single Market Strategy and for the different Single Market strategies to be completed and implemented by 2018.

        IMPACT ASSESSMENT: the preferred choice is a combination of options to use a legislative initiative to enable identified shortcomings to be addressed and establish an effective and efficient notification procedure with only a small increase in administrative costs for national public authorities and the Commission.

        CONTENT: the notification procedure established by the proposed Directive aims to ensure that certain national restrictions to the freedom of establishment and to the freedom to provide services will comply with the Services Directive, contributing to its better enforcement.

        Notification obligation: Member States shall notify to the Commission any draft measure that introduces new requirements or authorisation schemes, or modifies such existing requirements or authorisation schemes.

        The proposal also provides that Member States have to notify authorisation schemes, certain establishment requirements, certain requirements affecting the freedom to provide services and requirements concerning professional liability insurance and multidisciplinary activities.

        Consultation, alert and Decision: the proposal establishes a consultation period of three months following the notification of a draft measure. The Commission and other Member States have a maximum of two months to comment on a notified measure, followed by a maximum of one month for the notifying Member State to respond to such comments.

        The Commission may issue an alert to the notifying Member State where after assessing the notified measure it has concerns about its compliance with the Services Directive. The issuing of an alert implies that the Member State concerned shall not adopt the notified measure at issue for three months.

        After an alert has been issued, the Commission may adopt a legally binding Decision finding the notified measure to be incompatible with the Services Directive and requesting the notifying Member State to refrain from adopting it.

        Information to the public: the proposal provides for transparency to third parties of notified draft measures, accompanying information and the final adopted measures.

        In order to ensure an effective exchange of information between the Member States and the Commission, the Internal Market Information System set up by Regulation (EU) No 1024/2012 (IMI Regulation) of the European Parliament and of the Council should continue to be used under this Directive.

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      text
      • The Committee on the Internal Market and Consumer Protection adopted the report by Sergio GUTIÉRREZ PRIETO (S&D, ES) on the proposal for a directive of the European Parliament and of the Council on the enforcement of the Directive 2006/123/EC on services in the internal market, laying down a notification procedure for authorisation schemes and requirements related to services, and amending Directive 2006/123/EC and Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System.

        As a reminder, the proposal aims to increase the efficiency of the notification procedure for better application of the Services Directive in order to facilitate the freedom of establishment of service providers and the freedom to provide services in the single market.

        The committee recommended that the European Parliament’s position adopted at first reading under the ordinary legislative procedure should amend the Commission proposal as follows.

        Derogations from the notification obligation: in order to ensure that the notification obligation on such authorities is proportionate, Members considered that draft measures implementing authorisation schemes or requirements which have already been notified to the Commission and adopted by the Member State concerned at national level should not be subject to notification.

        In addition, Member States shall not be obliged to notify, prior to their adoption, the modifications to a draft measure that is already subject to an ongoing notification procedure, made by a Member State parliament at national or regional level, The Member State concerned may adopt such measures as modified and shall notify them to the Commission without delay, and at the latest two weeks after their adoption.

        Members also considered that the obligation to notify a draft measure prior to its adoption shall not apply when a Member State has to adopt an urgent measure very quickly due to serious and unforeseeable circumstances relating to public policy, public security, public health or the protection of the environment.

        This exception shall not be used to circumvent the implementation of the notification procedure laid down in this Directive. As a result, Member States should notify all such adopted measures to the Commission, together with their content and the reasons for the urgency that triggered their adoption, without undue delay and in any case not later than the day on which those urgent measures were adopted.

        Consultation: the Commission shall facilitate the possibility to comment on the notifications made by Member States within the consultation period and inform the Member State concerned of relevant feedback, if it considers this to be necessary.

        Alerts: the proposal provides that if the Commission expresses concerns (an ‘alert’) about the compatibility of the notified draft measure with the Services Directive, the notifying Member State may not adopt the measure in question for a period of three months after the closure of the consultation period organised between the notifying Member State, the other Member States and the Commission.

        Members consider that the receipt of an alert shall not prevent the Member State from adopting the corresponding legislation, Regulation or administrative act after the period of three months has passed.

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                                          • The Committee on the Internal Market and Consumer Protection adopted the report by Sergio GUTIÉRREZ PRIETO (S&D, ES) on the proposal for a directive of the European Parliament and of the Council on the enforcement of the Directive 2006/123/EC on services in the internal market, laying down a notification procedure for authorisation schemes and requirements related to services, and amending Directive 2006/123/EC and Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System.

                                            As a reminder, the proposal aims to increase the efficiency of the notification procedure for better application of the Services Directive in order to facilitate the freedom of establishment of service providers and the freedom to provide services in the single market.

                                            The committee recommended that the European Parliament’s position adopted at first reading under the ordinary legislative procedure should amend the Commission proposal as follows.

                                            Derogations from the notification obligation: in order to ensure that the notification obligation on such authorities is proportionate, Members considered that draft measures implementing authorisation schemes or requirements which have already been notified to the Commission and adopted by the Member State concerned at national level should not be subject to notification.

                                            In addition, Member States shall not be obliged to notify, prior to their adoption, the modifications to a draft measure that is already subject to an ongoing notification procedure, made by a Member State parliament at national or regional level, The Member State concerned may adopt such measures as modified and shall notify them to the Commission without delay, and at the latest two weeks after their adoption.

                                            Members also considered that the obligation to notify a draft measure prior to its adoption shall not apply when a Member State has to adopt an urgent measure very quickly due to serious and unforeseeable circumstances relating to public policy, public security, public health or the protection of the environment.

                                            This exception shall not be used to circumvent the implementation of the notification procedure laid down in this Directive. As a result, Member States should notify all such adopted measures to the Commission, together with their content and the reasons for the urgency that triggered their adoption, without undue delay and in any case not later than the day on which those urgent measures were adopted.

                                            Consultation: the Commission shall facilitate the possibility to comment on the notifications made by Member States within the consultation period and inform the Member State concerned of relevant feedback, if it considers this to be necessary.

                                            Alerts: the proposal provides that if the Commission expresses concerns (an ‘alert’) about the compatibility of the notified draft measure with the Services Directive, the notifying Member State may not adopt the measure in question for a period of three months after the closure of the consultation period organised between the notifying Member State, the other Member States and the Commission.

                                            Members consider that the receipt of an alert shall not prevent the Member State from adopting the corresponding legislation, Regulation or administrative act after the period of three months has passed.

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                                        • PURPOSE: to lay down a notification procedure for the better enforcement of the ‘Services’ Directive in order to facilitate the freedom of establishment for services providers and the freedom to provide services in the single market.

                                          PROPOSED ACT: Directive of the European Parliament and of the Council.

                                          ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.

                                          BACKGROUND: Directive 2006/123/EC of the European Parliament and of the Council provides, inter alia, that authorisation schemes and certain types of requirements related to services must be non-discriminatory with regard to nationality or residence, justified by an overriding reason related to the public interest.

                                          To make sure that new measures imposed by Member States actually fulfil these conditions and thus facilitate the competitiveness and integration of the single market in services, the Services Directive provides that Member States shall notify to the Commission new or changed authorisation schemes or certain new or changed requirements falling under the Directive.

                                          Commission assessments have shown, however, that the current notification procedure under the Services Directive does not always achieve its objective. The Commission therefore presents a self-standing legislative instrument modernising the current notification procedure under the Services Directive in order to improve the enforcement of the existing provisions of that Directive.

                                          This proposal is included in the continuation of the Single Market Strategy.

                                          The European Council called for ambition in delivering the Single Market Strategy and for the different Single Market strategies to be completed and implemented by 2018.

                                          IMPACT ASSESSMENT: the preferred choice is a combination of options to use a legislative initiative to enable identified shortcomings to be addressed and establish an effective and efficient notification procedure with only a small increase in administrative costs for national public authorities and the Commission.

                                          CONTENT: the notification procedure established by the proposed Directive aims to ensure that certain national restrictions to the freedom of establishment and to the freedom to provide services will comply with the Services Directive, contributing to its better enforcement.

                                          Notification obligation: Member States shall notify to the Commission any draft measure that introduces new requirements or authorisation schemes, or modifies such existing requirements or authorisation schemes.

                                          The proposal also provides that Member States have to notify authorisation schemes, certain establishment requirements, certain requirements affecting the freedom to provide services and requirements concerning professional liability insurance and multidisciplinary activities.

                                          Consultation, alert and Decision: the proposal establishes a consultation period of three months following the notification of a draft measure. The Commission and other Member States have a maximum of two months to comment on a notified measure, followed by a maximum of one month for the notifying Member State to respond to such comments.

                                          The Commission may issue an alert to the notifying Member State where after assessing the notified measure it has concerns about its compliance with the Services Directive. The issuing of an alert implies that the Member State concerned shall not adopt the notified measure at issue for three months.

                                          After an alert has been issued, the Commission may adopt a legally binding Decision finding the notified measure to be incompatible with the Services Directive and requesting the notifying Member State to refrain from adopting it.

                                          Information to the public: the proposal provides for transparency to third parties of notified draft measures, accompanying information and the final adopted measures.

                                          In order to ensure an effective exchange of information between the Member States and the Commission, the Internal Market Information System set up by Regulation (EU) No 1024/2012 (IMI Regulation) of the European Parliament and of the Council should continue to be used under this Directive.

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