During a public hearing held on Friday 8 September, seven European organisations (EFBWW, FEIC, Insurance Europe, EFCI, UNI Europa, Amice, Bipar) again sounded the alarm about the plan to introduce an e-services card.
It should be pointed out that the electronic “services” card aims to simplify administrative procedures for service providers that are seeking to extend their activity to other member states. This involves two initiatives presented last January by the Commission: a regulation that defines the information that this card contains, as well as the modalities on its implementation and a directive introducing the governance in this connection and explaining the roles played by the countries of origin and host countries (see EUROPE 11700).
There are many different concerns. The different organisations are afraid that the card will hugely increase the incidence of fraud and encourage the use of those forced to become self-employed, as well as undeclared work and bogus postings. The representatives from the different sectors also highlight the surcharges, increased red tape and non-respect of the social rules in force in a member state that the said card could provoke. These organisations also said that the timeframe set out in the Commission proposal is simply “Unrealistic”. They are particularly concerned that the card enacts the “country of origin” principle, which makes the law applicable for providing a service dependent on the country in which the provider has its company headquarters, irrespective of the country where the service is provided.
One source close to the dossier expressed concerns to EUROPE about the “tacit approval” principle. According to this principle, an electronic card issued in a member state of origin is automatically validated by the host member state if the latter has not done so in the timeframe provided. Our source considers that this could prove dangerous insofar as a member state may not have the appropriate infrastructure in place. The single market for the latter could subsequently find itself submerged by services that have been approved but which are in fact not subject to any control. Our source adds that the situation could be even more problematic, given that the validation deadline has not been indicated in the current proposal.
The organisations expressed their strong dissatisfaction last May, by way of a joint letter (see EUROPE 11789). Similarly, the trade unions also expressed their rejection of the e-card during the public hearing on the subject at the European Parliament last June (see EUROPE 11814).
The project to introduce the card is also being debated at the European institutions and there are sharp divisions at the Council (see EUROPE 11730). At the European Parliament, votes on the respective texts are planned for 4 December at the “single market and consumer protection” (IMCO) committee. (Original version in French by Pascal Hansens)