Brussels, 18/05/2005 (Agence Europe) - Last week in Strasbourg, Anne Van Lancker, rapporteur for the EP's employment and social affairs committee, presented her report on the services directive in the internal market. The Belgian Socialist called for Services of General Interest (SGI) to be excluded from the directive's field of application and to confer Member States with competency for inspections. She considered that the principle of the country of origin had had its content completely emptied, which according to the initial Commission proposal, would be applied in cross-border services. The employment and social affairs committee will have an initial discussion on the Van Lancker report on 24 May and are expected to vote on it on 12 July.
Anne Van Lancker is convinced that her document and the preliminary report of German Social Democrat Evelyne Gebhardt are “broadly complementary” (EUROPE 8928). Several of its positions are very close to those already expressed by the internal market committee rapporteur. The two MEPs recognise the need for a services directive. Van Lancker says that the proposals will contribute to the attainment of the revised Lisbon strategy objectives. Gebhardt recognised that a services directive is needed at a European level because there are “too many protectionist rules” putting a brake on the establishment of services in other Member States, as well as cross border provision of services (EUROPE 8930). Both MEPs are making a strong appeal for respect of national legislation in labour law and social protection. Van Lancker stated, “I have written clearly and explicitly that social legislation, labour law rules and collective agreements are a priority in all Member States”.
The two reports therefore exclude SGI from the draft proposal's field of application. Van Lancker declared that, “it is up to Member States to decide how a service of general interest is defined”. In her report she excluded audio-visual services, health and “activities associated permanently or temporarily with the exercise of public power”. On the same lines as Gebhardt, the Belgian Socialist believes that SGI should be the subject of a specific “framework directive”.
In their basic reports for recommendation, the two MEPs call for controls to be the remit of Member States. Van Lancker affirms that, “legislative provisions at work can only be effectively controlled by Member State where the work is performed”. The Commission, however, proposed that the Member State of origin would be in charge of “controlling the service provider and service, even when this service is provided in another Member State”. The two MEPs want to get rid of Article 24 in the proposal, which leaves it up to the host Member State to verify effective application of the 96/71/EC directive on the detachment of workers but which does not impose the obligation, on the service provider, to make a declaration on obtaining authorisation or being registered with the competent authorities in the host Member State.
Anne Van Lancker supports Evelyne Gebhardt's efforts to replace the controversial principle of origin with the principle of mutual recognition, but without threatening its application when European legislation already includes it (directives 89/552/ECC “television without borders”, 200/31/EC on e-commerce). Ms Van Lancker recognised that, “in the absence of European level harmonisation or at least, comparable rules in Member States, the principle of the country of origin cannot be the basic principle for providing temporary cross-border services”. She is not, however, calling for the complete replacement of this principle. She considers that the principle of the country of origin is only applicable when there is a “minimum level of European harmonisation” or “minimum rules” in each Member State. She added that if this were not the case, “Member States of destination should determine the conditions of access and exercise of the services performed”. Anne Van Lancker links the principle of the country of origin to areas “coordinated by the directive” such as information on service providers, insurance and professional guarantees, and information on after-sales guarantees and litigation settlements or by other Community instruments”.
According to Anne Van Lancker, the current Commission proposal would damage the ability of Member States to establish national systems for authorisation on establishing services. The MEP considers that the assessment exercise that Member States should submit could, “lead to a law for the Commission's systematic control of future national rules”.
She recognises that the same demand should be not made of a service-provider twice when conditions of access and of carrying out the services do not vary between Member States. Nonetheless, “this directive cannot lead to various national obligations being called into question”, she stressed. Evelyne Gebhardt will make her official position on this point known in the complete draft report which she will present to the committee on the internal market on 24 May.
The role of the committee on employment and social affairs in the work of the EP on the “services” directive goes beyond the opinion it is to present to the committee on the internal market, which is competent for the substance. It is involved under reinforced cooperation between committees, provided for by article 47 of the EP regulation. This article stipulates that the two parliamentary committees will decide by common accord the timetable for work, and the two rapporteurs will try to agree on the texts they will propose to their respective committees. Above all, the committee on the internal market will accept the amendments of the committee on employment and social affairs without a vote, where they come directly under the latter's jurisdiction and do not clash with the Gebhardt report.
ETUC approves Van Lancker report
“The European Trade Union Confederation warmly approves the report by Anne Van Lancker on the Bolkestein directive” (named after the former European Commissioner who originally proposed it), said John Monks, Secretary General of ETUC. The organisation welcomes the fact that the Belgian Socialist took on board “most of ETUC's requests”, which will help to “fortify the directive against social dumping”.