BETA


2016/0398(COD) Services in the internal market: notification procedure for authorisation schemes and requirements related to services
Next event: Results of vote in Parliament 2017/12/14 more...

Progress: Awaiting committee decision

RoleCommitteeRapporteurShadows
Lead IMCO
Former Responsible Committee IMCO GUTIÉRREZ PRIETO Sergio (icon: S&D S&D)
Committee Opinion PETI
Committee Opinion LIBE
Committee Opinion CONT
Committee Opinion ECON
Committee Opinion JURI
Committee Opinion ITRE
Committee Opinion EMPL
Committee Opinion ENVI
Committee Opinion CULT
Former Committee Opinion CONT
Former Committee Opinion ITRE
Former Committee Opinion LIBE
Former Committee Opinion EMPL
Former Committee Opinion PETI
Former Committee Opinion ENVI
Former Committee Opinion CULT
Former Committee Opinion JURI
Former Committee Opinion ECON
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

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 title: COM(2016)0821 type: Legislative proposal published celexid: CELEX:52016PC0821:EN body: EC commission: DG: url: http://ec.europa.eu/info/departments/internal-market-industry-entrepreneurship-and-smes_en title: Internal Market, Industry, Entrepreneurship and SMEs Commissioner: BIEŃKOWSKA Elżbieta type: Legislative proposal published
  • date: 2017-01-19T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP responsible: False committee_full: Budgetary Control committee: CONT body: EP responsible: False committee_full: Culture and Education committee: CULT body: EP responsible: False committee_full: Economic and Monetary Affairs committee: ECON body: EP responsible: False committee_full: Employment and Social Affairs committee: EMPL body: EP responsible: False committee_full: Environment, Public Health and Food Safety committee: ENVI body: EP shadows: group: EPP name: ŠTEFANEC Ivan group: ECR name: DALTON Daniel group: ALDE name: KALLAS Kaja group: GUE/NGL name: DE JONG Dennis group: Verts/ALE name: ŠOLTES Igor group: EFD name: ZULLO Marco responsible: True committee: IMCO date: 2017-01-25T00:00:00 committee_full: Internal Market and Consumer Protection rapporteur: group: S&D name: GUTIÉRREZ PRIETO Sergio body: EP responsible: False committee_full: Industry, Research and Energy committee: ITRE body: EP responsible: False committee_full: Legal Affairs committee: JURI body: EP responsible: False committee_full: Civil Liberties, Justice and Home Affairs committee: LIBE body: EP responsible: False committee_full: Petitions committee: PETI
  • date: 2017-05-30T00:00:00 body: CSL type: Council Meeting council: Competitiveness (Internal Market, Industry, Research and Space) meeting_id: 3544
  • date: 2017-12-04T00:00:00 body: unknown type: Committee decision to open interinstitutional negotiations with report adopted in committee
  • date: 2017-12-04T00:00:00 body: EP type: Vote in committee, 1st reading/single reading committees: body: EP responsible: False committee_full: Budgetary Control committee: CONT body: EP responsible: False committee_full: Culture and Education committee: CULT body: EP responsible: False committee_full: Economic and Monetary Affairs committee: ECON body: EP responsible: False committee_full: Employment and Social Affairs committee: EMPL body: EP responsible: False committee_full: Environment, Public Health and Food Safety committee: ENVI body: EP shadows: group: EPP name: ŠTEFANEC Ivan group: ECR name: DALTON Daniel group: ALDE name: KALLAS Kaja group: GUE/NGL name: DE JONG Dennis group: Verts/ALE name: ŠOLTES Igor group: EFD name: ZULLO Marco responsible: True committee: IMCO date: 2017-01-25T00:00:00 committee_full: Internal Market and Consumer Protection rapporteur: group: S&D name: GUTIÉRREZ PRIETO Sergio body: EP responsible: False committee_full: Industry, Research and Energy committee: ITRE body: EP responsible: False committee_full: Legal Affairs committee: JURI body: EP responsible: False committee_full: Civil Liberties, Justice and Home Affairs committee: LIBE body: EP responsible: False committee_full: Petitions committee: PETI
  • body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2017-0396&language=EN type: Committee report tabled for plenary, 1st reading/single reading title: A8-0396/2017 type: Committee report tabled for plenary, 1st reading/single reading committees: body: EP responsible: False committee_full: Budgetary Control committee: CONT body: EP responsible: False committee_full: Culture and Education committee: CULT body: EP responsible: False committee_full: Economic and Monetary Affairs committee: ECON body: EP responsible: False committee_full: Employment and Social Affairs committee: EMPL body: EP responsible: False committee_full: Environment, Public Health and Food Safety committee: ENVI body: EP shadows: group: EPP name: ŠTEFANEC Ivan group: ECR name: DALTON Daniel group: ALDE name: KALLAS Kaja group: GUE/NGL name: DE JONG Dennis group: Verts/ALE name: ŠOLTES Igor group: EFD name: ZULLO Marco responsible: True committee: IMCO date: 2017-01-25T00:00:00 committee_full: Internal Market and Consumer Protection rapporteur: group: S&D name: GUTIÉRREZ PRIETO Sergio body: EP responsible: False committee_full: Industry, Research and Energy committee: ITRE body: EP responsible: False committee_full: Legal Affairs committee: JURI body: EP responsible: False committee_full: Civil Liberties, Justice and Home Affairs committee: LIBE body: EP responsible: False committee_full: Petitions committee: PETI date: 2017-12-08T00:00:00
  • date: 2017-12-14T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=30529&l=en type: Results of vote in Parliament title: Results of vote in Parliament body: EP type: Results of vote in Parliament
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  • body: CSL type: Council Meeting council: Competitiveness (Internal Market, Industry, Research and Space) meeting_id: 3544 url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=3544*&MEET_DATE=30/05/2017 date: 2017-05-30T00:00:00
docs
  • date: 2017-01-11T00:00:00 docs: url: https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=SWD:2016:0434:FIN:EN:PDF title: EUR-Lex title: SWD(2016)0434 type: Document attached to the procedure body: EC
  • date: 2017-01-11T00:00:00 docs: url: https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=SWD:2016:0435:FIN:EN:PDF title: EUR-Lex title: SWD(2016)0435 type: Document attached to the procedure body: EC
  • date: 2017-03-16T00:00:00 docs: title: PE601.200 type: Reasoned opinion body: FR_ASSEMBLY
  • date: 2017-03-27T00:00:00 docs: title: PE601.198 type: Reasoned opinion body: FR_SENATE
  • date: 2017-03-29T00:00:00 docs: title: PE602.776 type: Reasoned opinion body: DE_BUNDESRAT
  • date: 2017-03-31T00:00:00 docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/parlements_nationaux/com/2016/0821/DE_BUNDESTAG_AVIS-COM(2016)0821_EN.pdf title: PE602.784 type: Reasoned opinion body: DE_BUNDESTAG
  • date: 2017-05-31T00:00:00 docs: url: https://dm.eesc.europa.eu/EESCDocumentSearch/Pages/redresults.aspx?k=(documenttype:AC)(documentnumber:0729)(documentyear:2017)(documentlanguage:EN) title: CES0729/2017 type: Economic and Social Committee: opinion, report body: ESC
  • date: 2017-10-11T00:00:00 docs: url: https://dm.cor.europa.eu/CORDocumentSearch/Pages/redresults.aspx?k=(documenttype:AC)(documentnumber:1195)(documentyear:2017)(documentlanguage:EN) title: CDR1195/2017 type: Committee of the Regions: opinion body: CofR
  • date: 2017-03-15T00:00:00 docs: url: http://www.connefof.europarl.europa.eu/connefof/app/exp/COM(2016)0821 title: COM(2016)0821 type: Contribution body: PT_PARLIAMENT
  • date: 2017-04-10T00:00:00 docs: url: http://www.connefof.europarl.europa.eu/connefof/app/exp/COM(2016)0821 title: COM(2016)0821 type: Contribution body: AT_BUNDESRAT
  • date: 2017-04-13T00:00:00 docs: url: http://www.connefof.europarl.europa.eu/connefof/app/exp/COM(2016)0821 title: COM(2016)0821 type: Contribution body: DE_BUNDESRAT
  • date: 2017-05-30T00:00:00 docs: url: http://www.connefof.europarl.europa.eu/connefof/app/exp/COM(2016)0821 title: COM(2016)0821 type: Contribution body: DE_BUNDESTAG
  • date: 2017-05-17T00:00:00 docs: url: http://www.connefof.europarl.europa.eu/connefof/app/exp/COM(2016)0821 title: COM(2016)0821 type: Contribution body: IT_SENATE
events
  • date: 2017-01-10T00:00:00 type: Legislative proposal published body: EC docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2016/0821/COM_COM(2016)0821_EN.pdf title: COM(2016)0821 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2016&nu_doc=0821 title: EUR-Lex summary: 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.
  • date: 2017-01-19T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
  • date: 2017-12-08T00:00:00 type: Committee report tabled for plenary, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2017-0396&language=EN title: A8-0396/2017 summary: 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.
  • date: 2017-12-14T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=30529&l=en title: Results of vote in Parliament
other
  • body: EC dg: url: http://ec.europa.eu/info/departments/internal-market-industry-entrepreneurship-and-smes_en title: Internal Market, Industry, Entrepreneurship and SMEs commissioner: BIEŃKOWSKA Elżbieta
otherinst
  • name: European Economic and Social Committee
procedure/Mandatory consultation of other institutions
European Economic and Social Committee
procedure/Notes
  • 15/12/2017 Decision to enter into interinstitutional negotiations confirmed by plenary (Rule 69c)
procedure/dossier_of_the_committee
Old
IMCO/8/08987
New
  • IMCO/9/00204
procedure/instrument
Old
Directive
New
  • Directive
  • Amending Directive 2006/123/EC 2004/0001(COD) Amending Regulation (EU) No 1024/2012 2011/0226(COD)
procedure/other_consulted_institutions
European Economic and Social Committee
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Old
Awaiting Parliament 1st reading / single reading / budget 1st stage
New
Awaiting committee decision
procedure/subject
Old
  • 2.40 Free movement of services, freedom to provide
  • 2.80 Cooperation between administrations
New
2.40
Free movement of services, freedom to provide
2.80
Cooperation between administrations
procedure/summary
  • Amending Directive 2006/123/EC
  • Amending Regulation (EU) No 1024/2012
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date
2017-12-04T00:00:00
body
unknown
type
Committee decision to open interinstitutional negotiations with report adopted in committee
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2017-12-04T00:00:00
body
EP
type
Vote in committee, 1st reading/single reading
committees
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EP
docs
url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2017-0396&language=EN type: Committee report tabled for plenary, 1st reading/single reading title: A8-0396/2017
type
Committee report tabled for plenary, 1st reading/single reading
committees
date
2017-12-08T00:00:00
activities/6
date
2017-12-14T00:00:00
docs
url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=30529&l=en type: Results of vote in Parliament title: Results of vote in Parliament
body
EP
type
Results of vote in Parliament
procedure/stage_reached
Old
Awaiting committee decision
New
Awaiting Parliament 1st reading / single reading / budget 1st stage
activities/1/committees/5/shadows/3
group
GUE/NGL
name
DE JONG Dennis
committees/5/shadows/3
group
GUE/NGL
name
DE JONG Dennis
activities/1/committees/5/shadows/1/mepref
Old
4f1ac80eb819f25efd0000c5
New
54b473efd1d1c53703000000
activities/1/committees/5/shadows/1/name
Old
FORD Vicky
New
DALTON Daniel
committees/5/shadows/1/mepref
Old
4f1ac80eb819f25efd0000c5
New
54b473efd1d1c53703000000
committees/5/shadows/1/name
Old
FORD Vicky
New
DALTON Daniel
links/Research document
url
http://www.europarl.europa.eu/thinktank/en/document.html?reference=EPRS_BRI(2017)608657
title
Briefing
activities/0/commission/0
DG
Commissioner
BIEŃKOWSKA Elżbieta
other/0
body
EC
dg
commissioner
BIEŃKOWSKA Elżbieta
activities/1/committees/5/shadows/4
group
EFD
name
ZULLO Marco
activities/2
date
2017-05-30T00:00:00
body
CSL
type
Council Meeting
council
Competitiveness (Internal Market, Industry, Research and Space)
meeting_id
3544
committees/5/shadows/4
group
EFD
name
ZULLO Marco
activities/1/committees/5/shadows/3
group
Verts/ALE
name
ŠOLTES Igor
committees/5/shadows/3
group
Verts/ALE
name
ŠOLTES Igor
procedure/Mandatory consultation of other institutions
Old
Economic and Social Committee
New
European Economic and Social Committee
activities/0/docs/0/celexid
CELEX:52016PC0821:EN
activities/0/docs/0/celexid
CELEX:52016PC0821:EN
activities/1/committees/5/shadows/1
group
ECR
name
FORD Vicky
committees/5/shadows/1
group
ECR
name
FORD Vicky
activities/1/committees/5/shadows/1
group
ALDE
name
KALLAS Kaja
committees/5/shadows/1
group
ALDE
name
KALLAS Kaja
activities/1/committees/5/shadows
  • group: EPP name: ŠTEFANEC Ivan
committees/5/shadows
  • group: EPP name: ŠTEFANEC Ivan
activities/0/docs/0/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.

activities/1/committees/5/date
2017-01-25T00:00:00
activities/1/committees/5/rapporteur
  • group: S&D name: GUTIÉRREZ PRIETO Sergio
committees/5/date
2017-01-25T00:00:00
committees/5/rapporteur
  • group: S&D name: GUTIÉRREZ PRIETO Sergio
activities/1
date
2017-01-19T00:00:00
body
EP
type
Committee referral announced in Parliament, 1st reading/single reading
committees
procedure/dossier_of_the_committee
IMCO/8/08987
procedure/stage_reached
Old
Preparatory phase in Parliament
New
Awaiting committee decision
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 celexid: CELEX:52016PC0821:EN type: Legislative proposal published title: COM(2016)0821 body: EC commission: type: Legislative proposal published
committees
  • body: EP responsible: False committee_full: Budgetary Control committee: CONT
  • body: EP responsible: False committee_full: Culture and Education committee: CULT
  • body: EP responsible: False committee_full: Economic and Monetary Affairs committee: ECON
  • body: EP responsible: False committee_full: Employment and Social Affairs committee: EMPL
  • body: EP responsible: False committee_full: Environment, Public Health and Food Safety committee: ENVI
  • body: EP responsible: True committee_full: Internal Market and Consumer Protection committee: IMCO
  • body: EP responsible: False committee_full: Industry, Research and Energy committee: ITRE
  • body: EP responsible: False committee_full: Legal Affairs committee: JURI
  • body: EP responsible: False committee_full: Civil Liberties, Justice and Home Affairs committee: LIBE
  • body: EP responsible: False committee_full: Petitions committee: PETI
links
other
    procedure
    Mandatory consultation of other institutions
    Economic and Social Committee
    reference
    2016/0398(COD)
    instrument
    Directive
    legal_basis
    stage_reached
    Preparatory phase in Parliament
    summary
    subtype
    Legislation
    title
    Services in the internal market: notification procedure for authorisation schemes and requirements related to services
    type
    COD - Ordinary legislative procedure (ex-codecision procedure)
    subject