Next event: Committee of the Regions: opinion 2017/10/11
Progress: Awaiting committee decision
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | IMCO | LØKKEGAARD Morten ( Renew) | |
Former Responsible Committee | IMCO | VAN BOSSUYT Anneleen ( ECR) | |
Committee Opinion | CONT | ||
Committee Opinion | ECON | ||
Committee Opinion | EMPL | ||
Committee Opinion | ENVI | ||
Committee Opinion | ITRE | ||
Committee Opinion | JURI | ||
Committee Opinion | PETI | ||
Former Committee Opinion | ECON | LUDVIGSSON Olle ( S&D) | |
Former Committee Opinion | EMPL | HARKIN Marian ( ALDE) | Rina Ronja KARI ( GUE/NGL), Dieter-Lebrecht KOCH ( PPE), Dominique MARTIN ( ENF), Ulrike TREBESIUS ( ECR) |
Former Committee Opinion | CONT | ||
Former Committee Opinion | ENVI | SPYRAKI Maria ( PPE) | |
Former Committee Opinion | ITRE | David BORRELLI ( EFDD), Olle LUDVIGSSON ( S&D), Gesine MEISSNER ( ALDE), Claude TURMES ( Verts/ALE), Anneleen VAN BOSSUYT ( ECR) | |
Former Committee Opinion | JURI | GEBHARDT Evelyne ( S&D) | |
Former Committee Opinion | PETI |
Lead committee dossier:
Legal Basis:
TFEU 114
Legal Basis:
TFEU 114Subjects
Events
PURPOSE: to introduce a European services e-card and related administrative facilities in order to reduce administrative complexity for service providers that want to expand their activities to other Member States.
PROPOSED ACT: Regulation 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.
The proposal for a European services e-card – presented jointly with a Directive - is complementary to other policy initiatives in the context of services announced in the Single Market Strategy to prevent the introduction of barriers to cross-border service provision at national level.
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 Regulation seeks to introduce the European services e-card and related administrative facilities which can be used by providers to provide services across the border. Through the e-card they will be able to avoid administrative obstacles such as uncertainty as to which requirements apply, filling-in disparate forms in foreign languages, translating, certifying or authenticating documents and non-electronic procedural steps.
The proposal provides for the following:
where a service provider plans to provide a service temporarily cross-border , the e-card would be issued by the home Member State. The host Member States would be able to object to issuance of the e-card where the Services Directive already allows them to do so under one of the overriding reasons of public interest. Once issued, the e-card would allow the service provider to provide services on a temporary cross-border basis in the host Member State; where a service provider plans to provide services through a branch, agency or office in another Member State , the e-card is issued by the host Member State. In this case the service provider would still request the e-card with his home country authorities, who would check that the service provider is established on its territory in line with its applicable rules. But in a second step, the home Member States authorities would initiate a process with the relevant host country administration to allow the latter to verify if the requesting service provider meets its host country regulatory requirements in compliance with the Services Directive.
The European services e-card would also:
offer technical facilities to facilitate compliance with administrative formalities related to posting of staff into the territory of those Member States that have communicated to the Commission that they wish to make use of IMI for this purpose; include rules to facilitate obtaining insurance coverage for services provided across borders.
The European services e-card would apply – in a first stage – to business services and construction services – to the extent the related activities fall already under the Services Directive.
This proposal also includes review clauses for future consideration of the effectiveness of the European service e-card, including as regards compliance with the formalities necessary for the posting of workers.
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.
Documents
- Committee of the Regions: opinion: CDR1195/2017
- Economic and Social Committee: opinion, report: CES0729/2017
- Contribution: COM(2016)0824
- Contribution: COM(2016)0824
- Reasoned opinion: PE602.792
- Reasoned opinion: PE602.786
- Contribution: COM(2016)0824
- Contribution: COM(2016)0824
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2016)0442
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2016)0439
- Legislative proposal: COM(2016)0824
- Legislative proposal: EUR-Lex
- Legislative proposal: COM(2016)0824 EUR-Lex
- Document attached to the procedure: EUR-Lex SWD(2016)0442
- Document attached to the procedure: EUR-Lex SWD(2016)0439
- Reasoned opinion: PE602.786
- Reasoned opinion: PE602.792
- Economic and Social Committee: opinion, report: CES0729/2017
- Committee of the Regions: opinion: CDR1195/2017
- Contribution: COM(2016)0824
- Contribution: COM(2016)0824
- Contribution: COM(2016)0824
- Contribution: COM(2016)0824
Amendments | Dossier |
23 |
2016/0403(COD)
2017/09/25
ITRE
23 amendments...
Amendment 10 #
The Committee on Industry, Research and Energy calls on the Committee on the Internal Market and Consumer Protection, as the committee responsible, to propose rejection of the Commission proposal.
Amendment 11 #
Proposal for a regulation Recital 6 (6) Cross-border trade and cross-border investment in
Amendment 12 #
Proposal for a regulation Recital 7 (7) Addressing remaining obstacles to more cross-border activities in services, while at the same time maintaining high standards for consumers and workers, will help to strengthen competition, resulting in more choice and better prices for consumers as well as more competitive services sectors creating new jobs, promoting productivity and ensuring a more attractive climate for investment and innovation.
Amendment 13 #
Proposal for a regulation Recital 10 (10) In so doing, this Regulation specifically targets business
Amendment 14 #
Proposal for a regulation Recital 11 (11) All matters, activities and fields excluded from the scope of Directive
Amendment 15 #
Proposal for a regulation Recital 14 (14) The European services e-card should be fully electronic, rely
Amendment 16 #
Proposal for a regulation Recital 18 (18) Description of the terms of coverage of a mandatory or voluntary insurance included in written contracts might be difficult to find. Insurance distributers, as well as bodies appointed by a Member State to provide compulsory insurance, should therefore provide a description of the core elements of coverage to their client in the format of an insurance certificate. This certificate should be annexed to the application form.
Amendment 17 #
Proposal for a regulation Recital 25 (25) Procedures for issuing, updating, suspending or revoking a European services e-card should make use of documents only in exceptional circumstances, when more detailed information is absolutely essential.
Amendment 18 #
Proposal for a regulation Recital 31 Amendment 19 #
Proposal for a regulation Recital 34 (34) The application of this Regulation should be monitored and assessed in order to determine its impact on the costs of expanding operations cross-border, increased transparency about cross-border providers, competition, prices and quality of the services provided and on workers’ rights. The effects of this Regulation and the practical functioning of the cooperation between coordinating authorities should be evaluated regularly. This monitoring will happen in cooperation with Member States, social partners and other relevant stakeholders.
Amendment 20 #
Proposal for a regulation Article 1 – paragraph 2 In order to make available such a European services e-card to take up and pursue activities as a service provider, the necessary coordination of provisions laid down by law, regulation or administrative action in a Member State is laid down in Directive …….[ESC Directive].... This Regulation is without prejudice to existing Union law on social issues, employment conditions (in particular posting of workers, workers' rights and the social pillar), health and safety and protection of the environment. It does not change or put into question existing safeguards in that respect.
Amendment 21 #
Proposal for a regulation Article 2 – paragraph 3 – subparagraph 2 This Regulation
Amendment 22 #
Proposal for a regulation Article 2 – paragraph 3 – subparagraph 2 a (new) This Regulation is without prejudice to the different labour market models of the Member States, including labour market models regulated by collective agreements, and shall not in any way affect a Member State’s right to assess if a company is considered to be established in its territory.
Amendment 23 #
Proposal for a regulation Article 3 – paragraph 1 – point 14 14. "home Member State" means the Member State
Amendment 24 #
Proposal for a regulation Article 5 – paragraph 2 Amendment 25 #
Proposal for a regulation Article 8 – paragraph 1 – subparagraph 1 Providers shall have the right to paper- based in addition to fully electronic handling and processing of the procedures for the application, issue and update of a European services e-card as well as to fully electronic formalities in accordance with Articles 6(1), 6(3) and 7.
Amendment 26 #
Proposal for a regulation Article 8 – paragraph 2 – subparagraph 1 The Commission shall adopt technical specifications for the paper-based and for the electronic handling and processing of the procedures referred to in paragraph 1 by means of implementing acts, including measures to ensure the integrity, confidentiality and accuracy of the information, as well as the conditions and the procedures for the holder of a European services e-card to download such information, to allow third parties to access such information and for those third parties to verify that same information.
Amendment 27 #
Proposal for a regulation Article 9 – paragraph 1 1. In the context of procedures to issue, update, suspend or revoke a European services e-card competent authorities of Member States shall accept public documents
Amendment 28 #
Proposal for a regulation Article 11 – paragraph 2 Amendment 29 #
Proposal for a regulation Article 18 – paragraph 1 The Commission, with Member States, social partners and other relevant stakeholders, will establish monitoring arrangements to monitor the implementation and the impacts of this Regulation, in particular on workers’ rights and its impacts on the
Amendment 7 #
The Committee on Industry, Research and Energy calls on the Committee on the Internal Market and Consumer Protection, as the committee responsible, to propose rejection of the Commission proposal.
Amendment 8 #
Amendment 9 #
The Committee on Industry, Research and Energy calls on the Committee on Internal Market and Consumer Protection, as the committee responsible, to propose rejection of the Commission proposal.
source: 601.275
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