Germany has proposed an exemption to the directive on the notification procedure for services with regard to land-use planning and spatial and urban land-use plans, in a document submitted to the Council of the EU, a copy of which was obtained by EUROPE on Tuesday 24 April (see EUROPE 11918 and 11797).
The document, submitted to member state ambassadors to the EU (Coreper) on Friday 20 April, states that, in its recitals, the services directive (2006/123) does not cover land use or building standards. Thus, the same should apply to the directive on the notification procedure, the German delegation argues, fearing great administrative pressure in the area of spatial and urban land-use planning should it be included within the scope of the notification procedure.
According to recent European Court of Justice (ECJ) rulings (C-360/15, C-31/16) urban land-use plans are considered as having a possible effect on the provision of services in relation to the services directive. The German delegation notes its country is out of line with Court case-law. It says that a very significant number of spatial and urban land-use plans may have to be notified to the Commission.
In Germany, 11,000 municipalities constantly use land-use plans (around 10 per municipality, rising to 50 in major cities). According to the European Commission impact study, the average time needed for the notification procedure is 12 hours. The provision would, therefore, result in an “immense administrative burden” and excessive cost, the German authorities argue.
The German proposal is dividing the member states. Luxembourg, Spain, Denmark, Sweden and the United Kingdom are believed to have expressed their opposition. Reviewing the scope of the notification directive would be tantamount to reviewing the scope of the services directive, they are said to have argued. On the other hand, Hungary, Poland and Belgium back Germany. The Commission has undertaken to consult its services.
The call comes right in the middle of interinstitutional negotiations on the European legislative text with the European Parliament, with talks resuming on Thursday 26 April. (Original version in French by Pascal Hansens)