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Notification obligations under the Services Directive

Notification obligations under the Services Directive. Training on Services Directive notifications in IMI Thursday, 31 May 2013. Ioana Mazilescu, Business-to-Consumer Services, DG MARKT. Reminder.

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Notification obligations under the Services Directive

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  1. Notification obligations under the Services Directive Training on Services Directive notifications in IMI Thursday, 31 May 2013 Ioana Mazilescu, Business-to-Consumer Services, DG MARKT

  2. Reminder • any requirements in the field of services adopted after the implementation of the SD (Articles 15 and 16). • any laws, regulations or administrative provisions (including rules adopted by professional associations or organisations when exercising their legal autonomy). • new requirements or changes to existing requirements.

  3. Article 15(7)Member States shall notify the Commission of any new laws, regulations or administrative provisions which set requirements as referred to in paragraph 6, together with the reasons for those requirements. The Commission shall communicate the provisions concerned to the other Member States. Such notification shall not prevent Member States from adopting the provisions in question.Within a period of 3 months from the date of receipt of the notification, the Commission shall examine the compatibility of any new requirements with Community law and, where appropriate, shall adopt a decision requesting the Member State in question to refrain from adopting them or to abolish them.The notification of a draft national law in accordance with Directive 98/34/EC shall fulfil the obligation of notification provided for in this Directive.

  4. Article 39(5)By 28 December 2009 at the latest, Member States shall present a report to the Commission on the national requirements whose application could fall under the third subparagraph of Article 16(1) and the first sentence of Article 16(3), providing reasons why they consider that the application of those requirements fulfil the criteria referred to in the third subparagraph of Article 16(1) and the first sentence of Article 16(3).Thereafter, Member States shall transmit to the Commission any changes in their requirements, including new requirements, as referred to above, together with the reasons for them.The Commission shall communicate the transmitted requirements to other Member States. Such transmission shall not prevent the adoption by Member States of the provisions in question. The Commission shall on an annual basis thereafter provide analyses and orientations on the application of these provisions in the context of this Directive.

  5. Notifications in TRIS (Directive 98/34) • A notification made under Directive 98/34 fulfils the obligation under Article 15(7) of the SD. • Overlaps possible if a notification of a draft national measure: • relates to an information society service or a technical regulation on products AND • contains one (or more) requirement(s) set out in Article 15 (2) of SD • MS must present a justification and a proportionality analysis of the measure

  6. Notification of national measures implementing EU directives • MS should notify national legislation implementing EU Directives if new requirements are introduced/changed in the field of services • usually, a MS has the choice of the means to achieve the objective set by directives • SD continues to apply: the least restrictive measure to achieve the public interest objective • justification and proportionality analysis are still compulsory

  7. Notifications received

  8. Notifications per type/MS

  9. Notifications per type/MS

  10. Notifications per type/MS

  11. What kind of requirements? • mostly requirements applied to cross-border service providers (authorisations and notifications). • very few Article 15 – requirements which would also apply to temporary cross-border providers of services (e.g. quantitative and territorial restrictions, legal form and shareholding, and tariffs). • very diverse services; the most common: selling in markets, organisation of events, prostitution, construction, services linked to lifts.

  12. Notifications in IMI • Regulation (EU) No 1024/2012 - IMI • The use of IMI is mandatory for the implementation of the provisions listed in its Annex, including the Services Directive’s notification obligations stipulated in Articles 39(5) and 15(7) • Actors in the system: competent authorities of the Member States, IMI coordinators appointed by the Member States and the Commission.

  13. Notifications in IMI • Closed system (not public): onlyauthoritiesdesignated by the Member States + EC+ ESA* • MS are free to organise themselves in terms of: • authoritiesthatnotify • authoritiesthatcansee notifications • MS can comment on eachother's notifications and socan the EC • Notification of each REQUIREMENT: justification and proportionality for eachrequirement!

  14. Role of the EC in respect of notifications • Recipient of notifications • Analysis of the justification and proportionality • Comments • Right to take a decision under Article 15(7) • Attachment of translations (when needed) • Technical and substantial assistance

  15. Thank you for your attention.

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