Brussels, 04/02/2000 (Agence Europe) - With the adoption of two reports by Austrian Socialist Maria Berger, the European Parliament agrees that an EU service provision card may be issued, with some precautions, to third country nationals residing in an EU Member State so that they may provide services in another Member State. In so doing, the Parliament aims to facilitate the normal working of the free movement of services in the EU. Precautions aim, as far as possible, to eliminate risk of misuse.
As far as the first proposal on employees is concerned, the EP mainly calls for it to be specified more clearly that: a) companies which send third country nationals on postings are not obliged to call for service provision cards but are entitled to do so with a view to facilitating the exercise of their activities; b) the Member States must only notify the posting of a worker to the authorities of the destination Member Sate if the company has not withdrawn the service provision card; c) this card can only be issued for a maximum of twelve months and proof of regular and effective employment of three months is the precondition for issue of this EU service provision card.
Regarding the second draft directive relating to independents, the Parliament insists mainly on the fact that a service providers must, in the Member State where they are established: a) have regularly created their main establishment from which they keep an effective and continuous link as independent worker with the economy of that State for at least twelve months; b) have held residency for at least twelve months in compliance with the legislation of that State; c) not exercise any other paid activity.
Both reports were the subject of a nominal vote and were adopted by an overwhelming majority - that on employees obtained 433 votes for, 53 against and 17 abstentions, and that on independents 430 for, 66 against and 15 abstentions.