With a few exceptions, the winds were favourable for the 'services' package presented by the European Commission in January, to judge by the different public comments from the member states at the Competitiveness Council on Monday 20 February.
These comments were made during a miscellaneous point on the agenda and not as part of a formal exchange of views. The positions expressed by the member states on the Commission's proposals were gathered in just under 30 minutes. Generally, all the member states hailed the Commission's initiative. One point in particular attracted great attention: the proposal to create a European services e-card (ESC).
Two sides to the ESC story. Two groups of member states seemed to oppose each other on this issue. The first group, which fully supports the proposal, brings together Ireland, the Czech Republic, Latvia, Lithuania, Estonia, the Netherlands and Poland. However, most of them also regretted that the Commission's proposal does not go far enough or attack the regulatory obstacles directly.
Germany, France and Austria were much more reserved. Germany and France said they feared that the ESC would be a chance to introduce the country of origin principle through the back door. Austria insisted that the ESC should not prevent the host member state from requesting further information from service providers wanting to set up on its territory.
Draft notification in question. The draft directive establishing a notification procedure for the authorisation systems, and establishing requirements on services, was the source of criticism from Germany, France and Austria.
According to the Commission's proposal, a consultation period should take place for a maximum of three months following notification from a member state of new regulations for establishing services (Article 5 of the proposal for the directive). This consultation involves the Commission and also the other member states, which can make observations. Furthermore, according to the proposal, the Commission could launch a warning to the notifying member state in the future when the Commission deems that European legislation is not upheld – which would suspend the adoption of the measures notified for three months (Article 6).
Germany, France and Austria questioned the time limits proposed (which they deemed to be too long), the respect for the principle of subsidiarity and the lack of wiggle-room for the member states hosting the foreign service providers.
The Commission presented a series of three initiatives in January with a view to deepening and strengthening the single market for services (see EUROPE 11700). This proposal met with a rather hostile welcome from some economic actors, especially the construction sector (see EUROPE 11701). (Original version in French by Pascal Hansens)