30. Believes that a genuine single market in financial services, whether on or off-line, cannot be
achieved without consistent and timely implementation and enforcement of legislation; calls upon theCommission to enforce the e-commerce directive proactively and vigorously; calls upon financial servicesregulators in different Member States to work closely together to ensure consistent implementation andinterpretation of all legislation relating to e-commerce and financial services;
31. Instructs its President to forward this resolution to the Commission and the Council.
11. Internal market strategy for services
A5-0310/2001
European Parliament resolution on the Commission communication: An Internal Market Strategy
for Services (COM(2000)888 /dash C5-0103/2001 /dash 2001/2052(COS))
The European Parliament,
Adash having regard to the Commission communication (COM(2000)888 Adash C5-0103/2001),
Adash having regard to the conclusions of the Lisbon European Council, in particular paragraph17 thereof,
Adash having regard to Articles15(2), 16, 35, 36, 37 and 38 of the Charter of Fundamental Rights of the
European Union(1),
Adash having regard to its resolution of 13 April 2000 on the communication from the Commission to the
European Parliament and the Council: The Strategy of Europe’s internal market (COM(1999)464 AdashC5-0212/1999 Adash 1999/2167(COS))(
2),
Adash having regard to Articles14(2), 16 and 49 to 55 of the EC Treaty,
Adash having regard to Rule 47(1) of its Rules of Procedure,
Adash having regard to the report of the Committee on Legal Affairs and the Internal Market and the
opinion of the Committee on Industry, External Trade, Research and Energy (A5-0310/2001),
A. whereas the services sector is one of fundamental importance to the further development of the
European economy, since:
Adash it already accounts for the greater part of GNP and more than two thirds of employment,
Adash the changeover to the information society is imparting a new dynamic to this sector,Adash it provides the fundamental precondition for the competitiveness of other sectors,
Adash it functions as the motor of skilled employment and innovation,
1. Welcomes the fact that with this communication the Commission is complying with a request made
by the Lisbon Council, and is seeking to do justice to the increasing importance of the service sector witha global internal market strategy; expresses its support for the Commission’s initiative and stresses thepolitical necessity and urgent economic need for such a strategy to carry into full effect the internal marketin services by removing the legislative and administrative obstacles encountered by service providers wish-ing to operate on the European market;
2. Stresses the importance of services as drivers of the new economy and the increasing integration of
manufacturing with the provision of services; recalls that barriers to cross-border services in one sector canadversely affect the provision and the free movement of services in many other sectors, especially in thecase of barriers to business and professional services; welcomes, therefore, the horizontal and comprehen-sive approach of the new strategy;
(1) OJ C 364, 18.12.2000, p. 1.
(2) OJ C 40, 7.2.2001, p. 465.11.4.2002 EN C87E/239 Official Journal of the European Communities
Thursday 4 October 2001
3. Stresses the importance of having in place an effective internal market in services before enlargement
of the EU takes place;
4. Calls on the Commission to analyse the costs of the malfunctioning of the internal market in services
and the losses in terms of economic growth, competitiveness and job creation; asks the Commission togive attention also to the international competitiveness of the European services industry; recalls that thecurrent fragmentation of the internal market results in higher costs for business and consumers alike, whilealso limiting consumer choice; emphasises that a fully functioning internal market for all type of services isin the best interests of business and consumers;
5. Considers the strategy of adopting an overall approach to the service sector as a whole, while being
prepared where necessary to look separately at specific sectors, as purposeful and in accordance withArticles14 and 50 of the EC Treaty;
6. Supports fundamentally the five basic principles for a strategy for removing obstacles standing in the
way of freedom to provide services;
7. Invites the Commission as far as possible to remove barriers by direct application of the Treaty to
draw up to this end as exhaustive a list of barriers as possible, and to propose a horizontal legislativeinstrument targeting those legislative barriers which cannot be removed by direct application of the Treaty;
8. Asks the Commission to inform the European Parliament about the legislative instrument intended to
reach the aim of the creation of the internal market in services Adash directive or regulation Adash before startingto draft it;
9. Supports the two-stage approach adopted by the Commission;
10. Notes in relation to the first stage of operations proposed for 2001 that the European Parliament
discharged its responsibilities in almost all the legislative procedures cited without delay;
11. Calls on Member States to provide the Commission with statistical data related to cross-border
provision of services, as well as with information related to the implementation of the existing legislationconcerning services and the legislative and non-legislative measures to come;
12. Asks the Commission to collect information and statistical data on trade in services also in the
candidate countries in order to have the clearest possible view of the obstacles which could hinder thecompletion of the Internal Market in Services before and after enlargement;
13. Stresses the urgent need to complete the legislative framework for e-commerce and on-line services
by establishing an internal market framework for off-line services; emphasises that, in order to avoid over-regulation at Community level, harmonisation should be targeted and limited to what is strictly necessaryto ensure the free movement of services and the freedom of establishment; recalls that, as far as is possible,mutual recognition of national rules and requirements and the country of origin principle should beapplied;
14. Calls on the Commission to promote accompanying measures Adash such as a database on legislation
and the diffusion of know-how Adash to promote SMEs’ role in the internal market in services so that thesebusinesses can fully participate and be integrated into it;
15. Regrets that the Commission appears no longer to consider its two proposals for directives on the
authorisation of third-country nationals to provide services as an important component of a comprehen-sive strategy;
16. Proposes, starting in the first stage, that comprehensive information be provided to all authorities
potentially involved, in particular the competent regional supervisory authorities, concerning the legislationin force in the area of service provision;
17. Notes with regret that the communication makes no reference to the connection between regu-
lation, co-regulation and self-regulation with regard to the implementation of the internal market and socalls on the Commission to state its position on the subject;C87E/240 EN 11.4.2002 Official Journal of the European Communities
Thursday 4 October 2001
18. Welcomes the announced systematic removal of restrictions on the free movement of services;
notes however that the questionnaire already published makes no distinction between goods and services;
19. Recalls that the competitiveness of European services also depends on the capacity of European
businesses to supply services and calls on the Commission and innovative Member States to promoteinnovation in Europe;
20. Stresses that the internal market in services represents a great opportunity for innovative businesses
to find a niche on the market;
21. Draws attention to the opportunities which the internal market offers, in particular, to small and
medium-sized undertakings, which can provide their services without having to set up costly bases in thetarget national market and without being subject to a multiplicity of regulatory systems;
22. Suspects that in many cases cultural, linguistic and knowledge-based factors will be among the
reasons for the insufficient take-up on freedom to provide services;
23. Notes the advantages which the creation of the internal market offers consumers by providing them
with a wide range of competitive and high-quality services together with rights which they can exercise
directly;
24. Regrets that the Commission is not facing up to the risks of applying the principle of mutual
recognition;
25. Calls on the Member States to engage themselves at political, legislative and administrative level in
order to remove barriers to service exchanges detected by the Commission and recalls that withoutMember States’ political will it is not feasible to create the Internal Market in Services;
26. Urges the Commission to step up the use of the option of bringing Treaty violation proceedings in
cases of genuine infringements;
27. Calls on the Commission throughout the process launched by the strategy, without waiting for the
second step of the strategy, to adopt a rigorous infringement policy vis-à-visMember States which take
measures incompatible with Articles43 and 49 of the Treaty;
28. Instructs its President to forward this resolution to the Council, the Commission and the govern-
ments of the Member States.
12. Pre-contractual information on home loans
A5-0290/2001
European Parliament resolution on the Commission recommendation on pre-contractual
information to be given to consumers by lenders offering home loans (C5-0256/2001 /dash 2001/
2121(COS))
The European Parliament,
Adash having regard to the Commission recommendation (C(2001) 477 Adash C5-0256/2001)(1),
Adash having regard to the Financial Services Action Plan (COM(1999)232),
Adash having regard to the Commission’s third report on financial services priorities and progress
(COM(2000)692),
Adash having regard to the European agreement on a Voluntary Code of Conduct on pre-contractual
information for home loans (the ‘Code’),
(1) OJ L 69, 10.3.2001, p. 25.11.4.2002 EN C87E/241 Official Journal of the European Communities
Thursday 4 October 2001