Brussels, 13/10/2006 (Agence Europe) - On Friday, the Commission decided to send reasoned opinions to Germany, France, Spain and Greece for failure to respect the principles of the free movement of capital and services. Spain is being challenged over its legislation on private security.
France. The Commission has asked France to amend decree 2005-1739 regulating the authorisation procedure for foreign investment in eleven sectors of activity related to public order, public security or national defence (see EUROPE 9167 and 9119). It considers that the requirements imposed on European companies held by investors established in third countries are contrary to the principles of the free movement of capital and freedom of establishment.
Germany. German legislation on chimney cleaning poses a problem for the Commission because it does not allow the use of chimney cleaning and heating engineer services established in another Member State.
Belgium. The Commission considers that the requirement for a training organisation to have its main headquarters in Wallonia to be able to conduct its activities in that region is contrary to the free movement of services.
Spain. Spain will receive a formal notice for not having implemented the ruling of the European Court of Justice of January 2006, according to which certain arrangements in Spanish legislation regulating private security firms - including the requirement to be a legal person to be able to provide this type of service - are against treaty rules. (mb)