WRITTEN QUESTION E-3470/00 by Lord Inglewood (PPE-DE) to the Commission. Internal market for professional services.
Date: 2000-11-08
Institutions: European Parliament, Provisional data
Subjects: freedom to provide services, liberal profession, restriction on competition, right of establishment, single market

C 136 E/232

Official Journal of the European Communities

EN

8.5.2001

(2001/C 136 E/273)

WRITTEN QUESTION E-3470/00

by Lord Inglewood (PPE-DE) to the Commission

(8 November 2000)

Subject: Internal market for professional services

Would the Commission agree that the offline market for services, particularly services provided by the
regulated professions, still suffers from too many restrictions on the freedom of consumers to select how
and in what manner they purchase those services?

Answer given by Mr Bolkestein on behalf of the Commission

(8 December 2000)

The Commission is preparing a communication in response to the call from the Heads of State and
Government at the Lisbon European Council for a strategy by the end of 2000 for the elimination of
barriers to services. Implementing this strategy will enable any additional action required in all service
sectors to be identified.

Moreover, in the context of the recognition of professional qualifications, consideration is being given to
improving the conditions for service provision compared with those for freedom of establishment.

The Commission would also like to point out that access to professional services by recipients of services
might be considered restricted because some regulated professions have to observe rules concerning the
organisation of the profession, professional ethics, supervision and liability.

Under Articles 43 (ex Article 52) and 49 (ex Article 59) of the EC Treaty, those restrictions are justified
only if they are to ensure that consumers are provided with the necessary guarantees in the general
interest, in particular, as regards integrity and professional expertise, and if they are not disproportionate in
relation to the objective pursued.

The Commission would also like to point out that it is closely involved in the abolition of restrictive
practices in the liberal professions. It is pursuing an active policy to apply the competition rules aimed at
eliminating collective price fixing and advertising restrictions. It considers that in this way it can contribute
to improving the information and choice available to users concerning the services available and the prices
of these services. For each of the liberal professions, it is also trying to draw a clear distinction between
professional ethics, to which the competition rules of the EC Treaty do not apply, and restrictive rules, to
which they do.

The Commission is also trying to ensure that Member States repeal
reinforces the effects of restrictive practices in the liberal professions.

legislation which authorises or

(2001/C 136 E/274)

WRITTEN QUESTION P-3541/00

by Charlotte Cederschi(cid:246)ld (PPE-DE) to the Commission

(8 November 2000)

Subject: SMEs and access to professional services

The Mission Statement of DG Enterprise acknowledges that SMEs still encounter many obstacles that
frustrate their ability both to have access to, and maximise the benefits of, the internal market. In addition,
they are forced to incur unnecessary costs because of the cumbersome regulatory framework that exists in
a number of Member States. These costs undermine their competitiveness and hinder their future
development.