BETA


2016/0402(COD) Legal and operational framework of the European services e-card

Progress: Awaiting committee decision

RoleCommitteeRapporteurShadows
Lead IMCO LØKKEGAARD Morten (icon: Renew Renew)
Former Responsible Committee IMCO LØKKEGAARD Morten (icon: ALDE ALDE)
Committee Opinion CONT
Committee Opinion ECON
Committee Opinion EMPL
Committee Opinion ENVI
Committee Opinion ITRE
Committee Opinion JURI
Committee Opinion PETI
Former Committee Opinion CONT
Former Committee Opinion ECON LUDVIGSSON Olle (icon: S&D S&D) Marian HARKIN (icon: ALDE ALDE), Paloma LÓPEZ BERMEJO (icon: GUE/NGL GUE/NGL), Stanisław OŻÓG (icon: ECR ECR), Michel REIMON (icon: Verts/ALE Verts/ALE)
Former Committee Opinion EMPL ŠOJDROVÁ Michaela (icon: PPE PPE) Marian HARKIN (icon: ALDE ALDE), Rina Ronja KARI (icon: GUE/NGL GUE/NGL), Dominique MARTIN (icon: ENF ENF), Ulrike TREBESIUS (icon: ECR ECR)
Former Committee Opinion ENVI
Former Committee Opinion ITRE SPYRAKI Maria (icon: PPE PPE) David BORRELLI (icon: EFDD EFDD), Olle LUDVIGSSON (icon: S&D S&D), Gesine MEISSNER (icon: ALDE ALDE), Claude TURMES (icon: Verts/ALE Verts/ALE), Anneleen VAN BOSSUYT (icon: ECR ECR)
Former Committee Opinion JURI GEBHARDT Evelyne (icon: S&D S&D) Kostas CHRYSOGONOS (icon: GUE/NGL GUE/NGL)
Former Committee Opinion PETI
Lead committee dossier:
Legal Basis:
TFEU 053-p1, TFEU 062

Events

2019/07/18
   EP - LØKKEGAARD Morten (Renew) appointed as rapporteur in IMCO
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
2017/05/29
   EP - LUDVIGSSON Olle (S&D) appointed as rapporteur in ECON
2017/04/04
   DE_BUNDESRAT - Contribution
Documents
2017/03/31
   DE_BUNDESTAG - Reasoned opinion
Documents
2017/03/31
   AT_BUNDESRAT - Reasoned opinion
Documents
2017/03/24
   ES_PARLIAMENT - Contribution
Documents
2017/03/22
   EP - GEBHARDT Evelyne (S&D) appointed as rapporteur in JURI
2017/03/15
   PT_PARLIAMENT - Contribution
Documents
2017/03/15
   EP - SPYRAKI Maria (PPE) appointed as rapporteur in ITRE
2017/03/14
   EP - ŠOJDROVÁ Michaela (PPE) appointed as rapporteur in EMPL
2017/02/20
   CSL - Debate in Council
Documents
2017/02/20
   CSL - Council Meeting
2017/02/01
   EP - Committee referral announced in Parliament, 1st reading/single reading
2017/01/25
   EP - LØKKEGAARD Morten (ALDE) appointed as rapporteur in IMCO
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 set the legal and operational framework of the European services e-card.

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: with services accounting for around 70% of EU GDP and employment , promoting the competitiveness of EU services markets is central for the creation of jobs and growth in the EU. The Services Directive , adopted in 2006, set general provisions facilitating the establishment of service providers and their ability to offer services cross-border in the single market.

Service providers trying to establish a permanent presence in another Member State or to provide cross-border services on a temporary basis often find it difficult to understand which rules to apply and how. Administrative formalities in different Member States are often complicated and costly for service providers to complete. As a consequence, service providers face multiple and disproportionate compliance costs when going cross-border.

Following on from the Single Market Strategy , the Commission presented a proposal for a Regulation introducing a European services e-card (ESC) which can be used by service providers to carry out activities in other Member States. This proposal for a Directive concerns the operational framework applicable to ESC introduced by the proposed Regulation.

According to the Commission, cost savings related to the formalities covered by the e-card procedure would be significant compared to the existing situation, potentially going up to 50% or even more.

IMPACT ASSESSMENT: the combination of options withheld would allow the service provider to make use of an EU-level procedure to facilitate access to the market of another Member State, including an advanced electronic mechanism connected to the Internal Market Information System (IMI) to facilitate compliance with formalities for posted staff which the host Member State can choose to make use of. In addition, it would address practical obstacles related to insurance in cross-border situations.

CONTENT: the proposed Directive lays down a legal and operational framework for the European services e-card, introduced by the ESC Regulation, setting out the rules governing access and exercise of service activities by holders of an e-card.

The proposal:

sets the scope of this Directive as including the business and construction services listed in its Annex; clarifies the evidentiary value, throughout the Union, of a European services e-card in relation to establishment in the home Member States of the provider, from where it expands operations by making use of the e-card; details the effects of the European services e-card as proof of the ability of the e-card holder to provide services in the territory of the host Member State, either temporarily or through a branch, agency or office located therein; determines the validity of the European services e-card to be indefinite in time, unless suspended, revoked or cancelled, and encompassing all of the territory of the host Member State; determines that the application for an e-card should be submitted to the coordinating authority of the home Member State; safeguards the right of Member States to invoke those overriding reasons of public interest; describes procedural steps for issuing a European services e-card for providing services through establishment in the form of branches, agencies or offices. The coordinating authority of the host Member State informs of requirements applicable on its territory in order for access to be granted. The applicant needs to prove the necessary compliance. If no decision is taken by the coordinating authority of the host Member State after a proper due process with the applicant and despite of an alert to react, the e-card is issued; provides the right of redress against decisions by coordinating authorities of the home or host Member States; introduces a once-only principle at domestic level, under which information and documents in the possession of home Member State authorities need not be supplied again by the applicant for a European services e-card; lists events occurring in the host Member State which must trigger suspension or revocation of a European services e-card.

BUDGETARY IMPLICATIONS: the proposal is expected to have implications for the EU budget to the extent that the future European services e-card will use the Internal Market Information System (IMI) as its operational backbone. Member States already have the experience with the system, as more than 5 000 competent authorities are already registered with IMI since 2011 and with the European Professional Card (EPC) since January 2016.

It is now necessary to adapt the IMI system to support the European services e-card procedure and storage requirements and supplemented with some additional functions. Any necessary allocations will be met through redeployment ; no budgetary impact is expected on EU budget over and beyond the appropriations already foreseen in the official financial programming of the Commission.

DELEGATED ACTS: the proposal contains provisions empowering the Commission to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union.

Documents

AmendmentsDossier
687 2016/0402(COD)
2017/09/25 ITRE 50 amendments...
source: 601.269
2017/10/27 EMPL 188 amendments...
source: 612.183
2017/10/30 ECON 120 amendments...
source: 612.373
2017/12/01 IMCO 157 amendments...
source: 615.306
2017/12/04 IMCO 27 amendments...
source: 615.307
2017/12/06 JURI 136 amendments...
source: 615.310
2018/02/19 EMPL 9 amendments...
source: 615.365

History

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

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                        • date: 2017-03-24T00:00:00 docs: url: http://www.connefof.europarl.europa.eu/connefof/app/exp/COM(2016)0823 title: COM(2016)0823 type: Contribution body: ES_PARLIAMENT
                        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/2016/0823/COM_COM(2016)0823_EN.pdf title: COM(2016)0823 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2016&nu_doc=0823 title: EUR-Lex summary: PURPOSE: to set the legal and operational framework of the European services e-card. 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: with services accounting for around 70% of EU GDP and employment , promoting the competitiveness of EU services markets is central for the creation of jobs and growth in the EU. The Services Directive , adopted in 2006, set general provisions facilitating the establishment of service providers and their ability to offer services cross-border in the single market. Service providers trying to establish a permanent presence in another Member State or to provide cross-border services on a temporary basis often find it difficult to understand which rules to apply and how. Administrative formalities in different Member States are often complicated and costly for service providers to complete. As a consequence, service providers face multiple and disproportionate compliance costs when going cross-border. Following on from the Single Market Strategy , the Commission presented a proposal for a Regulation introducing a European services e-card (ESC) which can be used by service providers to carry out activities in other Member States. This proposal for a Directive concerns the operational framework applicable to ESC introduced by the proposed Regulation. According to the Commission, cost savings related to the formalities covered by the e-card procedure would be significant compared to the existing situation, potentially going up to 50% or even more. IMPACT ASSESSMENT: the combination of options withheld would allow the service provider to make use of an EU-level procedure to facilitate access to the market of another Member State, including an advanced electronic mechanism connected to the Internal Market Information System (IMI) to facilitate compliance with formalities for posted staff which the host Member State can choose to make use of. In addition, it would address practical obstacles related to insurance in cross-border situations. CONTENT: the proposed Directive lays down a legal and operational framework for the European services e-card, introduced by the ESC Regulation, setting out the rules governing access and exercise of service activities by holders of an e-card. The proposal: sets the scope of this Directive as including the business and construction services listed in its Annex; clarifies the evidentiary value, throughout the Union, of a European services e-card in relation to establishment in the home Member States of the provider, from where it expands operations by making use of the e-card; details the effects of the European services e-card as proof of the ability of the e-card holder to provide services in the territory of the host Member State, either temporarily or through a branch, agency or office located therein; determines the validity of the European services e-card to be indefinite in time, unless suspended, revoked or cancelled, and encompassing all of the territory of the host Member State; determines that the application for an e-card should be submitted to the coordinating authority of the home Member State; safeguards the right of Member States to invoke those overriding reasons of public interest; describes procedural steps for issuing a European services e-card for providing services through establishment in the form of branches, agencies or offices. The coordinating authority of the host Member State informs of requirements applicable on its territory in order for access to be granted. The applicant needs to prove the necessary compliance. If no decision is taken by the coordinating authority of the host Member State after a proper due process with the applicant and despite of an alert to react, the e-card is issued; provides the right of redress against decisions by coordinating authorities of the home or host Member States; introduces a once-only principle at domestic level, under which information and documents in the possession of home Member State authorities need not be supplied again by the applicant for a European services e-card; lists events occurring in the host Member State which must trigger suspension or revocation of a European services e-card. BUDGETARY IMPLICATIONS: the proposal is expected to have implications for the EU budget to the extent that the future European services e-card will use the Internal Market Information System (IMI) as its operational backbone. Member States already have the experience with the system, as more than 5 000 competent authorities are already registered with IMI since 2011 and with the European Professional Card (EPC) since January 2016. It is now necessary to adapt the IMI system to support the European services e-card procedure and storage requirements and supplemented with some additional functions. Any necessary allocations will be met through redeployment ; no budgetary impact is expected on EU budget over and beyond the appropriations already foreseen in the official financial programming of the Commission. DELEGATED ACTS: the proposal contains provisions empowering the Commission to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union.
                        • date: 2017-02-01T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
                        • date: 2017-02-20T00:00:00 type: Debate in Council body: CSL docs: 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=3519*&MEET_DATE=20/02/2017 title: 3519
                        links
                        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
                        procedure/dossier_of_the_committee
                        Old
                        IMCO/8/09040
                        New
                        • IMCO/9/00213
                        procedure/instrument
                        Old
                        Directive
                        New
                        • Directive
                        • See also Directive 2006/123/EC 2004/0001(COD) See also 2016/0403(COD)
                        procedure/subject
                        Old
                        • 2.40 Free movement of services, freedom to provide
                        New
                        2.40
                        Free movement of services, freedom to provide
                        procedure/summary
                        • See also
                        • See also Directive 2006/123/EC
                        activities/3
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                        2018-03-21T00:00:00
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                        53b2d935b819f205b0000055
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                        53b2d935b819f205b0000055
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                        ALBRECHT Jan Philipp
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                        http://www.europarl.europa.eu/thinktank/en/document.html?reference=EPRS_BRI(2017)608704
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                        BIEŃKOWSKA Elżbieta
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                        2017-05-29T00:00:00
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                        • group: S&D name: LUDVIGSSON Olle
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                        2017-05-29T00:00:00
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                        • group: S&D name: LUDVIGSSON Olle
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                        MAŠTÁLKA Jiří
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                        2017-03-22T00:00:00
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                        • group: S&D name: GEBHARDT Evelyne
                        activities/1/committees/5/date
                        2017-03-15T00:00:00
                        activities/1/committees/5/rapporteur
                        • group: EPP name: SPYRAKI Maria
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                        2017-03-15T00:00:00
                        committees/5/rapporteur
                        • group: EPP name: SPYRAKI Maria
                        activities/1/committees/2/date
                        2017-03-14T00:00:00
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                        • group: EPP name: ŠOJDROVÁ Michaela
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                        2017-03-14T00:00:00
                        committees/2/rapporteur
                        • group: EPP name: ŠOJDROVÁ Michaela
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                        3519
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                        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=3519*&MEET_DATE=20/02/2017 type: Debate in Council title: 3519
                        council
                        Competitiveness (Internal Market, Industry, Research and Space)
                        date
                        2017-02-20T00:00:00
                        type
                        Council Meeting
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                        EPP
                        name
                        ROSATI Dariusz
                        committees/4/shadows/0
                        group
                        EPP
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                        ROSATI Dariusz
                        activities/0/docs/0/text
                        • PURPOSE: to set the legal and operational framework of the European services e-card.

                          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: with services accounting for around 70% of EU GDP and employment, promoting the competitiveness of EU services markets is central for the creation of jobs and growth in the EU. The Services Directive, adopted in 2006, set general provisions facilitating the establishment of service providers and their ability to offer services cross-border in the single market.

                          Service providers trying to establish a permanent presence in another Member State or to provide cross-border services on a temporary basis often find it difficult to understand which rules to apply and how. Administrative formalities in different Member States are often complicated and costly for service providers to complete. As a consequence, service providers face multiple and disproportionate compliance costs when going cross-border.

                          Following on from the Single Market Strategy, the Commission presented a proposal for a Regulation introducing a European services e-card (ESC) which can be used by service providers to carry out activities in other Member States. This proposal for a Directive concerns the operational framework applicable to ESC introduced by the proposed Regulation.

                          According to the Commission, cost savings related to the formalities covered by the e-card procedure would be significant compared to the existing situation, potentially going up to 50% or even more.

                          IMPACT ASSESSMENT: the combination of options withheld would allow the service provider to make use of an EU-level procedure to facilitate access to the market of another Member State, including an advanced electronic mechanism connected to the Internal Market Information System (IMI) to facilitate compliance with formalities for posted staff which the host Member State can choose to make use of. In addition, it would address practical obstacles related to insurance in cross-border situations.

                          CONTENT: the proposed Directive lays down a legal and operational framework for the European services e-card, introduced by the ESC Regulation, setting out the rules governing access and exercise of service activities by holders of an e-card.

                          The proposal:

                          • sets the scope of this Directive as including the business and construction services listed in its Annex;
                          • clarifies the evidentiary value, throughout the Union, of a European services e-card in relation to establishment in the home Member States of the provider, from where it expands operations by making use of the e-card;
                          • details the effects of the European services e-card as proof of the ability of the e-card holder to provide services in the territory of the host Member State, either temporarily or through a branch, agency or office located therein;
                          • determines the validity of the European services e-card to be indefinite in time, unless suspended, revoked or cancelled, and encompassing all of the territory of the host Member State;
                          • determines that the application for an e-card should be submitted to the coordinating authority of the home Member State;
                          • safeguards the right of Member States to invoke those overriding reasons of public interest;
                          • describes procedural steps for issuing a European services e-card for providing services through establishment in the form of branches, agencies or offices. The coordinating authority of the host Member State informs of requirements applicable on its territory in order for access to be granted. The applicant needs to prove the necessary compliance. If no decision is taken by the coordinating authority of the host Member State after a proper due process with the applicant and despite of an alert to react, the e-card is issued;
                          • provides the right of redress against decisions by coordinating authorities of the home or host Member States;
                          • introduces a once-only principle at domestic level, under which information and documents in the possession of home Member State authorities need not be supplied again by the applicant for a European services e-card;
                          • lists events occurring in the host Member State which must trigger suspension or revocation of a European services e-card.

                          BUDGETARY IMPLICATIONS: the proposal is expected to have implications for the EU budget to the extent that the future European services e-card will use the Internal Market Information System (IMI) as its operational backbone. Member States already have the experience with the system, as more than 5 000 competent authorities are already registered with IMI since 2011 and with the European Professional Card (EPC) since January 2016.

                          It is now necessary to adapt the IMI system to support the European services e-card procedure and storage requirements and supplemented with some additional functions. Any necessary allocations will be met through redeployment; no budgetary impact is expected on EU budget over and beyond the appropriations already foreseen in the official financial programming of the Commission.

                          DELEGATED ACTS: the proposal contains provisions empowering the Commission to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union.

                        activities/1/committees/4/shadows
                        • group: S&D name: ROZIÈRE Virginie
                        committees/4/shadows
                        • group: S&D name: ROZIÈRE Virginie
                        activities/1
                        date
                        2017-02-01T00:00:00
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                        IMCO/8/09040
                        procedure/stage_reached
                        Old
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                        New
                        Awaiting committee decision
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                        • date: 2017-01-10T00:00:00 docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2016/0823/COM_COM(2016)0823_EN.pdf title: COM(2016)0823 type: Legislative proposal published celexid: CELEX:52016PC0823:EN body: EC type: Legislative proposal published commission:
                        committees
                        • body: EP responsible: False committee_full: Budgetary Control committee: CONT
                        • 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: Petitions committee: PETI
                        links
                        other
                          procedure
                          reference
                          2016/0402(COD)
                          subtype
                          Legislation
                          legal_basis
                          stage_reached
                          Preparatory phase in Parliament
                          summary
                          instrument
                          Directive
                          title
                          Legal and operational framework of the European services e-card
                          type
                          COD - Ordinary legislative procedure (ex-codecision procedure)
                          subject
                          2.40 Free movement of services, freedom to provide