# EUR-Lex - 52012DC0261 - EN

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# 52012DC0261

**COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS on the implementation of the Services Directive. A partnership for new growth in services 2012-2015 /* COM/2012/0261 final */**

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I.
Introduction:
Making services work for growth and jobs

The services sector is a significant driver
of growth in the EU as it represents more than 65% of EU GDP and employment.
The Services Directive is the key instrument at European level for promoting
structural reform in the services sector, and it covers services which account
for more than 45% of EU GDP. Implementation of the Directive has resulted in a
major step forward in terms of removing barriers and moving towards a truly
integrated internal market for services. Hundreds of national laws have been
modernised and thousands of discriminatory, unjustified or disproportionate
requirements have been eliminated throughout the EU. The tools which have been
created ('Points of Single Contact') to support implementation of the Directive
are now operational in most Member States and are helping to reduce
significantly administrative burdens in this area.

The figure shows the
contribution to the EU economy of the sectors that are covered by the Directive,
about 45% of GDP, and those that are not.

Most of the sectors not
covered by the Directive are covered by sector specific legislation (see Annex
1).

Services of General
Economic Interest are present in many service sectors; they are more
specifically addressed in the Commission's Communication of 20 December 2011 on
'A quality framework for Services of General Interest in Europe'.

The measures which Member States have
adopted to implement the Services Directive is bringing an additional 0.8% of
EU GDP over time, with the majority of the effect materializing during the 5-10
years following implementation.[1]
It is clear, however, that service providers still face obstacles when they
want to operate cross-border and, unlike in the internal market for goods,
consumers are still not always able to access easily services from across the
EU. Economic analysis has shown that if Member States were to abolish almost
all the remaining restrictions, the total economic gain would be more than
three times what we have already achieved - about 2.6% of GDP.[2]

Much more can therefore be done to maximise
the economic benefits that the Services directive offers. Member States, in line with calls from the European Council[3],
should ensure that the Directive can deploy its full force. Full implementation
will significantly improve the functioning of the Single Market for Services,
in particular by facilitating market access for SMEs and widening choice for
consumers. It will also contribute to enhanced competitiveness in the EU, growth
and jobs. This Communication shows how this can be done, and responds to the
reporting obligation of the Commission as set out in article 41 of the
Directive, the requests from the European Council and the European Parliament
to monitor closely and report on the implementation of the Directive and on the
initiatives to improve and reinforce the Single Market for services. It sets
out the actions that Member States and the Commission should take to ensure
that the Directive has the greatest possible impact. These actions are based on
the detailed information on the implementation of the Services Directive in
each Member State and on the outcome of the Performance Checks provided in the
accompanying Staff Working Documents.[4]

The actions will be monitored using the
measures to improve governance of the single market which the Commission has
presented in a Communication adopted alongside this one. This monitoring will
be part of the surveillance carried out in the context of the European Semester
and reflected when necessary in country specific recommendations. The
Commission already proposed country-specific recommendations on structural
reforms in the services sector for 12 Member States on 30 May 2012.[5]

II.
Delivering
the full effect of the Services Directive

The Directive covers a large variety of
sectors ranging from traditional activities to knowledge-based services. The
impact of the Directive is wide-ranging and affects service providers both
large and small, including thousands of SMEs.

The Commission will focus its efforts on those
service sectors with significant economic weight, and with above average growth
potential.

– business services representing 11.7% of GDP,

– construction representing 6.3% of GDP,

– tourism representing 4.4 % of GDP, and

– retail representing 4.2% of GDP.

By ensuring better implementation and
better delivery on the ground we can get much more out of what has already been
agreed. This is an opportunity that the EU cannot afford to ignore to deliver short-term
results for growth and jobs.

Member States and the Commission should concentrate primarily on ensuring a more
ambitious and full implementation of the Services Directive with a view to
releasing its untapped potential before extending its scope. Almost all
commercial service activities are already covered by EU legislation (see Annex
1). The Commission therefore considers that there is no need at present to
modify the Directive.

The most significant benefits of the
Directive so far have been for service providers wishing to start a business in
their own or another Member State. In contrast, service providers wishing to
provide cross-border services are still unsure about the regulatory frameworks applied
by Member States and continue to face obstacles. In some cases problems arise
because of inconsistent or incorrect application of other EU instruments such
as the Directive on Recognition of Professional Qualifications or the E-Commerce
Directive.

1.
'Zero tolerance' policy for
non-compliance

The Commission will apply a 'zero tolerance'
policy in cases of non-compliance with the unequivocal obligations indicated
below that the Directive imposes on Member States. The Directive prohibits a
number of discriminatory and particularly burdensome requirements listed in its
Article 14. Member States have removed them to a large extent. However, remaining
discriminatory requirements have been identified and must be eliminated.

The Directive introduces specific
obligations to simplify authorisation procedures: (1) tacit approval, i.e. silence
from the administration means approval, is foreseen in Article 13(4) and (2) nationwide
validity of authorisations provided for in Article 10(4). A number of Member
States apply these obligations only to a limited extent and with too many
exceptions. Urgent action is required to implement these obligations properly.

The Directive bans the total prohibition of
commercial communications for regulated professions in Article 24. However, in ten
Member States total bans on commercial communications still exist and must be removed.

Establishment requirements render
impossible the provision of cross-border services. They are one of the most
restrictive requirements addressed by Article 16 of the Services Directive (the
freedom to provide services clause), in its paragraph 2 and Member States may
not impose it on service providers.. Residence and nationality requirements are
also prohibited by Article 14 of the Services Directive. Violations of these unequivocal
prohibitions still remain in Member States and must be eliminated.[6]

Actions

Member States must commit to make their legislation fully compliant
with the Services Directive by putting an end to remaining instances of
non-compliance with unequivocal obligations in the Services Directive in their
legislation as a matter of urgency.

The Commission will apply its zero tolerance policy through infringement
procedures, where necessary.

2. Maximizing the economic effect of the Services Directive

The Directive allows
Member States discretion on many aspects of its implementation. In particular,
Article 15 of the Services Directive refers to requirements such as legal
forms, shareholding requirements, quantitative and territorial restrictions and
tariffs, which Member States are allowed to maintain only to the extent that
they are proportionate and justified by an overriding reason of general
interest and proportionate.

There is a great
deal of variation in the extent to which Member States have used this
discretion. Often they have chosen to preserve the status quo instead of being
more ambitious in opening up their services markets. Even if these options may
not always constitute a violation of the Directive, these requirements are
liable to hamper economic growth and Member States should revisit them. This
should take us some way to the additional growth identified.

Member States should therefore reassess the
way in which they have used their discretion. They should examine as a priority
requirements limiting company structures and capital ownership which are an
obstacle to the development of professional services. The progress achieved and
on-going reforms in a number of Member States show that these services can
benefit from a lighter regulatory regime without jeopardizing quality or
undermining the independence of professionals.

Similarly, the freedom to provide services
clause laid down in Article 16 of the Directive requires an assessment of the
justification and proportionality of requirements which Member States impose on
service providers established in other Member States when they provide
cross-border services in their territory. Businesses and professionals
providing cross-border services are still, far too often, uncertain about the rules
applicable to them. What is worse, they may sometimes have to comply with
virtually all the laws of the Member State where they provide services in
addition to their obligations under the legislation of their own Member State. National legislation implementing the Services Directive's rules on the cross-border
provision of services must be improved so as to provide legal certainty and put
an end to this double regulatory burden.

Insurance obligations in particular can be
a problem for service providers. They exist for many activities in order to
protect service recipients. Some of these requirements duplicate requirements
already complied with in the Member State of establishment, thus increasing
costs for businesses. Even more importantly, finding insurers in the Member State of establishment or in the Member State where the service is provided for
cross-border service activities can be difficult, notably in the construction
and tourism sectors.

Actions

The Commission, together with the Member States,
will launch in 2012 a peer review process and exchange of best practices focusing
on requirements limiting company structures and capital ownership and on the
freedom to provide services clause. Member States should commit to a thorough
review of their legislation in these matters. Results will be assessed by mid-2013.

Member States must eliminate all restrictions
and authorisations which are not justified on the basis of the Directive, and
in particular should review the necessity and proportionality of requirements
imposed on service providers. For any remaining restrictions which may be
justified on the basis of the Directive, they should assess the economic
benefits of eliminating them and take action where necessary.

The Commission will make country-specific
recommendations on priority actions in the context of the European Semester for
2013. If necessary, in the light of the results achieved, the Commission will
consider proposing additional legislation on specific issues.

Member States should step up efforts to
enhance the use of the Internal Market Information System (IMI). The Commission
will closely monitor and assist Member States in doing so.

The Commission will encourage the development
of measures by the insurance sector with the aim of providing service providers
with adequate insurance cover, including when they provide services in other
Member States. In particular, insurance companies established in several Member
States that provide insurance policies covering service provision should cover
service providers when they provide cross border services in these Member
States.

The Commission will assess the progress
achieved by the insurance sector by the end of 2013. Depending on progress or
the lack thereof, the Commission will consider alternative solutions, including
proposing legislation.

3. Professional services: Modernisation of the regulatory framework

There are around 800 categories of regulated professions. Discrepancies in
regulating professional services have been identified amongst Member States. The
effects of these divergences are made worse by cumbersome procedures for the
recognition of qualifications. The European Council has stressed the importance
of making progress on enhancing the mutual recognition of professional
qualifications, reducing the number of regulated professions and removing
unjustified regulatory barriers[7].
The recently proposed modernisation of the Professional Qualifications
Directive addresses these issues. To ensure that progress is made as quickly as
possible, the Commission has addressed country specific recommendations on this
issue to 8 Member States[8]
which will be followed up in the European Semester exercise for 2013.

With regard to cross-border service
provision, the proposal for the revised Directive provides that Member States
will have to clearly identify and justify those cases where they want to make
use of the exceptional possibility to check the qualification of service
providers before they can offer services. Member States will also have to
ensure that the annual declaration that service providers may have to make is valid
for the whole territory of the Member State. This will reduce red tape and
remove uncertainty for professionals. The transparency and mutual evaluation
mechanism proposed will contribute to reducing the complexity due to
divergences in the regulation of professions. Member States should review at
national level the qualifications requirements imposed on regulated professions
and the scope of reserved activities.

Once the proposal has been adopted, the
Commission intends to present a Communication in 2013. The Communication will
draw on progress made with the country specific recommendations and other
developments in Member States as regards the regulation of professions.

Actions

The European Parliament and the Council should adopt before the end
of 2012 the proposal for a modernised Professional Qualifications Directive as
urged by the European Council of October 2011.

The Commission will:

- assist Member States with the implementation of the country
specific recommendations on professional services as part of the European
Semester exercise for 2013 and in this context launch an exercise in 2012 with
Member States in order to make progress as rapidly as possible.

- present a Communication in 2013, following the adoption of the
revised Directive, to take stock of progress made in Member States and to facilitate
the mutual evaluation of regulated professions foreseen in the Directive.

4. Ensuring the Services Directive works for consumers

Facilitating the provision of services
across national borders is not enough for the establishment of a genuine single
market for services. It is equally important to ensure that recipients of
services can easily enjoy the opportunities that the single market offers to
them.

To enhance the rights of consumers and
strengthen their confidence in the internal market, the Services Directive
obliges Member States to remove regulatory obstacles for service recipients
wanting to buy services supplied by providers established in other Member
States. It also ensures that consumers can make informed choices when buying
services in other Member States by means of information obligations that apply both
to providers and to Member States authorities (for example by the creation of
the so-called Article 21 bodies that assist consumers). Finally, the Directive aims
to put an end to practices by service providers that unjustifiably hamper
access to their services by consumers resident in other Member States. In this
regard, the 'non-discrimination' clause is a major step in giving consumers
unimpeded access to the Single Market.

Article 20 of the Directive prohibits
discrimination against service recipients on the basis of their nationality or
country of residence. This applies to refusals to supply or offers subject to
inferior conditions when they cannot be justified on objective grounds. Situations
of this type should no longer arise if Article 20 is fully implemented in the
Member States.

The non-discrimination clause requires a
case-by-case assessment.[9]
Particular attention should be given to cases where consumers face higher
charges than would be imposed for a domestic transaction when they wish to pay
for a service provided in another Member State by credit transfer or direct
debit in euro. Consumers should, in principle, no longer be refused supply on
the ground that it is impossible to physically deliver goods
in another Member State. Similarly, service providers should not rely on mere
geographic factors in order to engage in practices that artificially partition
markets within the EU single market to the detriment of consumers.

To the extent that impediments to cross-border service provision
continue to exist, initiatives are underway at EU level to reduce them and to improve the functioning of the
single market. This includes the completion of the Single Euro Payments Area,
the Commission's proposal for an optional Common European Sales Law, the
implementation of the Consumer Rights Directive, the proposal to establish
one-stop-shops for the processing of VAT, the proposals to establish alternative
dispute resolution (ADR) entities for the resolution of consumer disputes and
the EU-wide online platform for cross-border complaints (ODR) and
forthcoming initiatives in the area of collective management of copyright and
private copying and reprography levies.

Actions

Member States must enforce national provisions
implementing the 'non-discrimination' clause as a matter of priority. The
Commission will engage with the) national bodies treating complaints of
discriminatory treatment as well as with the competent enforcement authorities
to ensure consumers are able to fully benefit from the Single Market. In
particular, the Commission will propose targeted actions by mid-2013 to monitor
application and to take remedial enforcement action where deficiencies are
detected.

The Commission has come forward with initial
clarifications on the 'non-discrimination' clause and will closely monitor its
enforcement. Additional specific guidance will be issued by the end of 2013 on
the basis of further experience with the national implementation of this
provision. This guidance will take into account regulatory developments which
reduce the remaining obstacles for businesses offering their services
cross-border.

The Commission will immediately start work
with businesses for example through representative organisations and chambers
of commerce, to improve transparency and support efforts to ensure that customers
can shop cross-border in the single market. The Commission will support
providers in specific sectors with the voluntary establishment of quality
charters that include commitments concerning the cross-border conditions of
access to their services. Progress made shall be evaluated by the Commission by
mid-2013.

The Commission in close cooperation with
Member States will inform consumers about their single market rights under the
Services Directive in the context of the awareness raising campaign which will
be carried out in 2013 as part of the European Year of Citizens.

5. Making Single Market rules work on the ground

The Directive does not exist in isolation.
It can achieve its full effect only when applied together with other Single
Market Directives in a coherent way. This is particularly important in the case
of the Professional Qualifications Directive and the E-Commerce Directive.

Procedures for the recognition of professional
qualifications are long and cumbersome in many Member States.

Cross-border services are increasingly
provided on line. Despite the simplification introduced by the Services Directive
and the E-Commerce Directive, barriers still exist.

Actions

Member States must commit to make their
legislation and procedures fully compliant with the Professional Qualifications
and E-Commerce Directives. National law must take full account of the combined
effects of these Directives. Necessary adaptations must be made as a matter of
urgency.

The Commission will vigorously enforce these
Directives, with particular attention to their combined application, to ensure
positive results on the ground for service providers. The Commission will use infringement procedures where necessary.

6. Sector-specific needs

The performance checks exercise[10] has identified the need to
address a number of bottlenecks for growth in specific sectors.

6.1 Specialist services: Making mutual recognition a reality

Cross-border specialist services may be
subject to requirements due to the implementation of sector-specific EU rules
that require the authorisation of experts for activities involving fluorinated
greenhouse gas (F-gas) in refrigeration systems, the energy efficiency of
buildings or waste treatment and transport. Where such experts are subject to a
system of accreditation Regulation (EC) 765/2008 facilitates mutual recognition
of accreditation certificates. Its full effect should be ensured.

When EU sector-specific legislation provides
for authorisation or accreditation schemes at national level, it should ensure
that authorised or accredited service providers can exercise their activities
in other Member States on the basis of the authorisation or accreditation
obtained in their home Member State.

Actions

The Commission will aim at ensuring an increased use of mutual recognition clauses in
future proposals of sector-specific legislation setting up authorisation
schemes for experts providing specialised services.

When applying existing sector-specific
legislation, Member States must give full effect to Article 56 TFEU and to EU
legislation facilitating the provision of services by experts from other Member
States such as the Professional Qualifications Directive when the profession is
regulated or Regulation 765/2008 on accreditation where applicable. Member
States should make use of IMI to facilitate the verification of compliance with
requirements in other Member States.

Technical standards should be further aligned,
in particular by using EU standardisation mechanisms (CEN), in areas where
there are significant divergences in the national implementation of EU
legislation, as is the case for the certification of the energy performance of
buildings.

6.2 Consumer protection legislation

A significant part of the existing consumer
protection acquis has been based on minimum harmonisation. In areas
where minimum harmonisation applies, Member States have gone very often beyond
the minimum harmonisation rules. This results in a situation where service
providers may be faced with heterogeneous requirements depending on where they
wish to provide their services, which can lead to distortions in the single
market. The Commission can address this in two ways: by means of further or
even full harmonisation, as done recently with the Consumer Rights Directive
and as proposed in January 2012 in the General Data Protection Regulation; or
by means of optional harmonisation as proposed in October 2011 with the
optional Common European Sales Law. Both methods are complementary and should
be used depending on the state of the acquis, the need to respect the principle
of subsidiarity and the public interests involved as well as the need to ensure
a high level of consumer protection notably when it comes to online services.

Actions

The Commission will aim at accelerating
legislative procedures on measures affecting consumers which are of key
importance for the single market for services.

The Commission will aim, when proposing new legislation,
at ensuring, where appropriate, increased levels of harmonisation in future EU
consumer protection legislation. The European Parliament and the Council should
join efforts in achieving this purpose to ensure that the single market can
take full effect.

As concerns the tourism sector in particular
and as announced in the Consumer Agenda[11],
the Commission will propose an updated Package Travel Directive by early 2013
which will seek further harmonisation of national laws notably as regards
online offers.

In consumer protection legislation where
minimum harmonisation applies, the Commission will work together with national enforcement
authorities to ensure the correct implementation of the whole EU consumer acquis
in a coherent and encompassing manner, taking due account of single-market
rights and rules.

6.3 Retail and business services: Specific initiatives

The performance of the retail sector is
impeded by a number of problems, many of which were identified in the Retail
Market Monitoring Report[12]
and by the European Parliament[13].
In view of the economic importance of this sector, the Commission is preparing
a European Retail Action Plan to set an EU strategy for the retail sector for
the coming years.

Business services have been identified as a
service sector where the level of productivity could be significantly improved.
The Commission,as announced in the Single Market Act and "the Industrial
Policy for the Globalisation Era" Communication, is setting up a High-Level
Group on Business-Related Services to study the shortcomings of this particular
sector. This Group will focus on four specific business
services sectors: (i) marketing and advertising; (ii) facility management;
(iii) technical and engineering services; and (iv) design. A special emphasis
will be placed on the links between EU business services and manufacturing, as
well as on the development of voluntary European standards that have the
potential to improve quality of services and comparability between services
provided by service providers in different Member States.

Actions

The Commission will adopt in 2012 a European
Retail Action Plan setting out an EU strategy for this sector.

The Commission will create a High-Level Group
on Business-Related Services to study the shortcomings of this particular
sector by autumn 2012.

7. Towards second generation Points of Single Contact

The Points of Single Contact (PSCs) aim to make life easier for service
providers by providing them with one interface to access all the necessary
information and by allowing them to complete the relevant administrative
procedures online. They also facilitate informed choices by recipients who wish
to buy services. PSCs offer them essential information such as the contact
details of the competent authorities and means of redress generally available
in case of dispute.

But there are large variations in the
user-friendliness of the information provided by the PSCs on the rules for the main
service sectors.

Many PSCs provide information in at least
one foreign language, which is a major benefit for service providers. However,
many administrative procedures are not yet online and whenever they are
available at national level, they are often inaccessible to users from abroad.

It is essential to tackle these
deficiencies and to make PSCs function as they should for the benefit of users.
This means that Member States still need to overcome major challenges in terms
of further simplification and streamlining of procedures, greater back-office
integration and necessary technical adaptations, in particular to ensure
cross-border access. It is also important to make business aware of the
existence of PSCs and their usefulness.

Actions

Member States must make their PSCs fully
compliant with the requirements of the Services Directive as a matter of
urgency.

By the end of 2014 Member States, assisted by
the Commission are encouraged to develop the second generation PSCs which
should (1) cover all procedures during the business life cycle, (2) be multilingual,
and (3) be more user-friendly. The Commission will agree with Member States
criteria for the second generation PSCs in the form of a 'PSC Charter'.

The Commission will launch a communication
campaign on PSCs in 2013, coordinate with Member States to improve the internet
presence of PSCs and engage with business organisations to make businesses more
aware of PSCs and further promote their use.

III.
 Conclusion

Services are a major driving force of the
European economy. A more integrated and better functioning Single Market for
services is vital to contribute to the economic recovery of the EU.

All Member States have made significant
efforts to implement the Services Directive. They have removed many unjustified
barriers and have modernised their regulatory framework applicable to services.
This will boost the EU economy.

However, growth and job creation in the
services sector are still hampered by a wide range of obstacles. More growth is
possible if action is taken now to release the full potential of the Services
Directive.

In line with the Communication on Better
Governance for the Single Market, we should concentrate our efforts on making
what already exists work better. This Communication proposes ways forward to maximise the economic
effect of the Services Directive in particular in services sectors of
significant economic importance.

–
Member States should step up their level of
ambition as regards the Services Directive. Any remaining obstacles should be
thoroughly assessed as to their economic impact.

–
The Commission has put forward a proposal to
modernise the legal framework for the mobility of professional services; Member
States should adopt it swiftly.

–
The Single Market must work for consumers.
Businesses should not partition it in an artificial way to the detriment of
service recipients.

–
Other Single Market instruments, such as the
Directive on the Recognition of Professional Qualifications and the E-Commerce
Directive, and the Services Directive should be applied in a streamlined way.
Where necessary, Union law should be modernised to meet specific services'
needs and to ensure that the legal framework works effectively on the ground
for both service providers and recipients.

–
Member States should develop the Points of
Single Contact to become fully-fledged e-government tools responding adequately
to the needs of service providers and recipients.

This requires a political commitment by all
European institutions and Member States to give the necessary priority to
delivering the required actions within the set time-scale. The Commission will
work with Member States in a partnership to create new growth and jobs in
services and will monitor progress closely in its Annual Growth Survey.

Annex 
1  - EU Legislation applying to Services sectors

|| Main sectors covered by the Services Directive (2006/123/EC)

|| · Business Services including professional services (, lawyers, architects, accountants, tax advisers, consulting agencies, communication and marketing agencies, patent agents, certification services, sport intermediaries, artist managers, recruitment agencies, interpreters, veterinaries, land surveyors ...) · Construction services and crafts acitivites · Retail · Real-Estate · Tourism (Hotels, restaurants, cafés, travel agents, tourist guides...) · Private Education

Services Sectors || Main EU legal instruments covering the sector

Energy || Internal market for natural gas · Directive 2003/55/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in natural gas and repealing Directive 98/30/EC. Internal market in electricity · Directive 2009/72/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC (Text with EEA relevance). Internal market in gas · Directive 2009/73/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC (Text with EEA relevance).

Financial Services || Action plan for Financial Services and follow-ups (Directive 2006/43/EC, Directive 2006/46/EC, Directive 2007/63/EC, Directive 2007/44/EC, Directive 2009/14/EC, Directive 2007/36/EC, Directive 2007/64/EC, Directive 009/111/EC, Directive 2009/44/EC, Directive2010/76/EU, Directive 2009/49/EC, Directive 2011/61/EU, Directive 2011/89/EU)

Healthcare || · Directive 2011/24/EU of the European Parliament and of the Council of 9 March 2011 on the application of patients’ rights in cross-border healthcare. · Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications

Postal Services || · Directive 97/67/CE · Directive 2002/39/CE · Directive 2008/06/CE

Telecom || · Regulation (EC) No 1211/2009 of the European Parliament and of the Council of 25 November 2009 establishing the Body of European Regulators for Electronic Communications · Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002  on universal service and users' rights relating to the electronic communications networks and services as amended by Directive 2009/136/EC of the European Parliament and of the Council of 25 November 2009 · Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services as amended by Directive 2009/140/EC of the European Parliament and of the Council of 25 November 2009 · Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services as amended by Directive 2009/140/EC. · Directive 2002/19/EC of the European Parliament and of the Council of 7 March 2002 on access to, and interconnection of, electronic communications networks and associated facilities as amended by Directive 2009/140/EC. · Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector as amended by Directive 2006/24/EC and Directive 2009/136/EC

Transport || Road transport · Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market · Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international market for coach and bus services · Regulation (EC) No 1370/2007 of the European Parliament and of the Council of 23 October 2007 on public passenger transport services by rail and by road and repealing Council Regulations (EEC) Nos 1191/69 and 1107/70 Maritime transport · Council Regulation (EEC) No 4055/86 of 22 December 1986 applying the principle of freedom to provide services to maritime transport · Council Regulation (EEC) No 3577/92 of 7 December 1992 applying the principle of freedom to provide services to maritime transport within Member States (maritime cabotage) Rail transport · Council Directive 91/440/EEC of 29 July 1991 on the development of the Community's railways, OJ L 237, 24.8.1991, p. 25. · Regulation (EU) No 913/2010 of the European Parliament and of the Council of 22 September 2010 concerning a European rail network for competitive freight Air transport · Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community · Council Directive 96/67/EC of 15 October 1996 on access to the ground handling market at Community airports) Inland navigation · Council Regulation (EC) No 1356/96 on common rules applicable to the transport of goods or passengers by inland waterway between Member States with a view to establishing freedom to provide such transport services · Council Regulation (EEC) No 3921/91 laying down the conditions under which non-resident carriers may transport goods or passengers by inland waterway within a Member State

|| Sectors not covered as such by secondary EU legislation

|| · Gambling · Activities which are connected with the exercise of official authority (as set out in Article 51 of the Treaty) · Private security services · Notaries, bailiffs · Taxis and port services

Annex II – List of Initiatives with
timeline

Policy areas || Actions || Timeline

1. Zero tolerance for non-compliance || Ø Member States make their legislation fully compliant with the Services Directive. Ø Commission apply zero tolerance policy via infringement procedures, in particular in priority sectors. || immediately immediately

2. Maximizing economic effect of the Services Directive || Ø Commission launch peer review with Member States to reassess specific legislation in priority sectors. Ø Member States eliminate all remaining unjustified or diproportionate restrictions and assess economic benefits of eliminating justified requirements. Ø Priority actions to be taken by Member States reflected in country-specific recommendations in the European semester. Ø Member States increase efforts to enhance use of Internal Market Information System (IMI). Ø Commission engage with insurance sector to ensure adequate insurance cover for service providers including for activities in other Member States. Ø Commission assess progress achieved and consider alternative solutions, including proposing legislation if necessary. || launch 2012 results assessed mid 2013 immediately as of 2012 immediately immediately by end 2013

3. Modernisation of regulatory framework for professional services || Ø European Parliament and Council adopt proposal for a modernised Professional Qualifications Directive. Ø Commission assist Member States with implementation of country specific recommendations on professional services as part of the European Semester exercise for 2013. Ø Commission present a Communication to facilitate mutual evaluation of regulated professions. || before end 2012 2012 - 2013 2013

4. Ensuring Services Directive works for consumers || Ø Member States enforce national provisions implementing the 'non-discrimination' clause. Ø Commission propose targeted actions to monitor application and to take action where deficiencies are detected. Ø Commission issues additional specific guidance on Article 20. Ø Commission work with businesses to ensure that customers can shop cross-border. Ø Commission in close cooperation with Member States inform consumers about their single market rights under the Services Directive in the context of the awareness raising campaign as part of the European Year of Citizens. || immediately mid 2013 end 2013 immediately assess progress mid 2013 2013

5. Making Internal Market rules work on the ground || Ø Member States make their legislation and procedures fully compliant with the Professional Qualifications and E-commerce Directives. Ø Commission vigorously enforce these Directives; use infringement procedures where necessary. || immediately immediately

6. Sector-specific needs: 6.1 Mutual recognition for specialist services 6.2 Consumer protection legislation: increased harmonisation in certain sectors 6.3 Retail and business services: Specific initiatives || Ø Commission ensure full effect of Treaty freedoms by aiming at increased use of mutual recognition clauses in future proposals for sector-specific legislation setting up authorisation schemes for experts providing specialised services. Ø Member States give full effect to EU legislation requiring acceptance of experts from other Member States and make use of IMI to facilitate verification of compliance with requirements in other Member States. Ø Further align technical standards, in particular by using EU standardisation mechanisms (CEN), in areas where there are significant divergences in the national implementation of EU legislation. Ø Commission aim at ensuring increased levels of harmonisation where appropriate in future EU consumer protection legislation. European Parliament and the Council should join efforts in achieving this purpose to ensure that the single market can take full effect. Ø Commission review Package Travel Directive. Ø Commission work together with national enforcers to ensure correct implementation of EU consumer acquis in a coherent and encompassing manner, taking due account of single-market rights and rules. Ø Commission adopt a European Retail Action Plan setting out an EU strategy for this sector. Ø Commission create a High-Level Group on Business-Related Services to study shortcomings of this sector. || when adopting future proposals immediately on-going when adopting future proposals 2012 Early 2013 2012 autumn 2012

7. Towards second generation Points of Single Contact || Ø Member States make their PSCs fully compliant with the Services Directive. Ø Member States develop the second generation PSCs: (1) cover all procedures during the business life cycle, (2) multilingual, and (3) more user-friendly. Commission will agree with Member States criteria for the second generation PSCs in the form of a 'PSC Charter'. Ø Commission launch a communication campaign on PSCs, coordinate with Member States to improve PSCs' internet presence and engage with business organisations to make businesses better aware of PSCs and further promote their use. || immediately 2012-2014 2013

[1]       Commission
Study 'The Economic Impact of the Services Directive: a first assessment
following implementation', published on http://ec.europa.eu/economy_finance/publications/economic_paper/2012/index_en.htm

[2]       The figure 2.6% includes the above mentioned 0.8% of
additional EU GDP as well as additional gains of up to 1.8% of GDP which could
be achieved under a more ambitious scenario in which Member States abolish almost
all restrictions.

[3]       Statement of the Members of the European Council, 30 January
2012.

[4]       Commission Staff Working Document 'Detailed information on
the implementation of Directive 2006/123/EC on services in the internal market';
Commission Staff Working Document 'Results of the performance checks of the
internal market for services (construction, business services and tourism)'.

[5]       COM(2012) 299 Action for Stability, Growth and Jobs, 30 May
2012

[6]       See Commission Staff Working Document 'Detailed
information on the implementation of Directive 2006/123/EC on services in the
internal market'.

[7]       European Council Conclusions, March 2012.

[8]       COM(2012) 299 30 May 2012.

[9]       See for more detail: Commission Staff Working Document with a
view to establishing guidance on the application of Article 20(2) of Directive 2006/123/EC
on services in the internal market.

[10]     Commission Staff Working Document 'Results of the
performance checks of the internal market for services (construction, business
services and tourism)'.

[11]     A European Consumer Agenda - Boosting confidence and growth,
COM (2012) 225 final.

[12]     Retail market monitoring report 'Towards more efficient and
fairer retail services in the internal market for 2020', COM (2010) 355.

[13]     Report of the European Parliament of 1 June 2011 on a more
efficient and fairer retail market (2010/2109(INI).