WRITTEN QUESTION P-3541/00 by Charlotte Cederschiöld (PPE-DE) to the Commission. SMEs and access to professional services.
Date: 2000-11-08
Institutions: European Parliament, Provisional data
Subjects: EU industrial policy, freedom to provide services, liberal profession, market access, restriction on competition, service industry, small and medium-sized enterprises

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.

8.5.2001

EN

Official Journal of the European Communities

C 136 E/233

SMEs need access to a broad range of business and professional services to help them both to survive and
flourish in today(cid:146)s rapidly changing business environment. Yet the market for professional services is one
where regulatory barriers still exist that frustrate the ability of SMEs to purchase much needed services at a
competitive price and in a user-friendly manner. Some of these barriers have been errected to shelter some
of the markets for regulated services against competition, thereby maintaining the price of such services at
artificially high levels.

Will the European Commission assure the European Parliament that the needs of SMEs to have unrest-
ricted access to competitively priced professional services will be placed at the top of the political agenda?

What measures does the Commission propose to dismantle regulatory barriers erected by some of the
liberal professionsl that have the effect of inflating the cost of professional services that are one of the
largest items of expenditure for many SMEs?

Answer given by Mr Bolkestein on behalf of the Commission

(4 December 2000)

The Commission is pursuing an active policy as regards the application of the competition rules in the
liberal professions, enabling it to end restrictive practices in the liberal professions, such as the collective
fixing of fees and the ban on advertising, which constitute constraints on access to these service markets.

It should also be pointed out that the Member States are required to adhere to the principles of freedom of
establishment and freedom to provide services under Articles 43 (ex Article 52) and 49 (ex Article 59) of
the EC Treaty. In accordance with the rulings of the Court of Justice, applying these principles enables the
elimination of barriers of state origin as well as obstacles resulting from the exercise of legal autonomy by
associations and bodies which do not come under public law. In the latter case, national
judges are
responsible for ensuring that the principles set out in Articles 43 and 49 of the EC Treaty are adhered to.

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

in the context of

(2001/C 136 E/275)

WRITTEN QUESTION E-3553/00

by James Provan (PPE-DE) to the Commission

(15 November 2000)

Subject: Restriction of free trade

Is the Commission aware that the organisers of a trade exhibition in the UK, the only exhibition for this
particular industry in the country, are refusing to allow a particular company to apply for a presence at the
exhibition because that company is in competition with the main sponsors of the exhibition? Can the
Commission indicate whether this discrimination breaches EU regulations on abuse of dominant position
or freedom of trade?

Answer given by Mr Bolkestein on behalf of the Commission

(12 December 2000)

The Commission in its interpretative communication concerning the application of the single market rules
to the sector of fairs and exhibitions (1), set out the essential legal principles of the internal market that
govern the various aspects of fairs and trade exhibitions.