WRITTEN QUESTION E-1625/01 by Joachim Wuermeling (PPE-DE) to the Commission. Commission's services initiative.
Date: 2001-06-12
Institutions: European Parliament, Provisional data
Subjects: access to a profession, freedom to provide services, professional qualifications, services contract

C 350 E/202

Official Journal of the European Communities

EN

11.12.2001

paralleled the Statute for a European Company (3) with regard to the rules concerning the structure, powers
and obligations of their organs. However they take into account
the specific characteristics of co-
operatives, mutuals and associations. Foundations are specifically included amongst the types of legal entity
that may benefit from the proposal for a statute creating a European Association.

The Commission believes that the Statute for a European Association will satisfy the need for legal
instrument for any organisation engaging in non-commercial and socially committed activities in the
general interest and on a not-for-profit basis.

The political agreement on the Statute for a European Company in the Council in December 2000 (4) has
enabled negotiations on the other statutes to be re-opened in the Council, and the European Co-operative
Statute is now under discussion. The Commission will make its best efforts to ensure that the text of the
Statute for a European Association is ready for discussion as soon as agreement has been reached amongst
the Member States(cid:146) on the European Co-operative Statute.

(1) Original proposal OJ C 99, 21.4.1992.
(2) Amended proposal OJ C 236, 31.8.1993.
(3) Amended proposal OJ C 176, 8.7.1991.
(4) Press Release: 489, No 14671/00.

(2001/C 350 E/220)

WRITTEN QUESTION E-1625/01

by Joachim Wuermeling (PPE-DE) to the Commission

(12 June 2001)

Subject: Commission(cid:146)s services initiative

In some Member States, access to and exercise of some trades and professions are still subject to state
regulation. Such state regulation, the German Chimney Sweeps Act for example, provides inter alia for
territorial protection and fixed fees which are higher than those for similar activities. That results in
disparities in regulation within the European Union and in the partitioning off of national and regional
markets.

As part of its services initiative, does the Commission intend to propose an opening up of markets in this
area?

Answer given by Mr Bolkestein on behalf of the Commission

(19 July 2001)

The Communication from the Commission of 29 December 2000 (1) sets out a strategy for creating an
internal market for services, in order to ensure that services can move as freely from one Member State to
another as they can within an individual Member State.

This strategy has a two-step approach: the first step (2001) will consist of a comprehensive, systematic
identification of the barriers to free movement of services across national frontiers, irrespective of the
sector involved. The second step (2002) will focus on proposals for appropriate solutions.

The analysis which the Commission is currently undertaking is therefore also concerned with restrictions
on the free movement of services which may be caused by regulations concerning conditions of access to
and exercise of certain professions.

As regards the German Law on Chimney Sweeps, the Commission has received a number of petitions
drawing its attention to the need to analyse in detail requirements such as those arising from the German
legislation on chimney sweeps, which restricts to the profession of district master chimney sweep the
exercise of an activity which, in other Member States, may be carried out by professions with the same
qualifications.

(1) COM(2000) 888 final.