Commission Recommendation of 7 December 2001 on principles for using "SOLVIT" –- the Internal Market Problem Solving Network (Text with EEA relevance) (notified under document number C(2001) 3901)
Date: 2001-12-07
Institutions: European Commission
Subjects: EU Member State, access to EU information, application of EU law, database, single market

15.12.2001

EN

Official Journal of the European Communities

L 331/79

COMMISSION RECOMMENDATION

of 7 December 2001

on principles for using ‘SOLVIT’ –- the Internal Market Problem Solving Network

(notified under document number C(2001) 3901)

(Text with EEA relevance)

(2001/893/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(5)

Having regard to the Treaty establishing the European
Community, and in particular Article 211 thereof,

Common principles should be laid down to make sure
that SOLVIT is responsive to the needs of citizens and
businesses and that efforts by one Member State will be
replicated in all others. Furthermore, Member States
should ensure that adequate human and financial
resources are available so that Coordination Centres are
able to deal with an increased number of cases,
to
provide a high quality service to users, and to promote
awareness.

The European Parliament, the Council, (3) the Economic
and Social Committee (4) and the Committee of
the
Regions (5) have all stressed the need for more effective
ways of problem solving.

The White Paper on European Governance (6) is part of
efforts to make the Union more tangible for its citizens
and businesses.
It also affirms the responsibility of
national administrations and courts for enforcing and
applying Community law correctly.

Since SOLVIT is a network for informal problem resolu-
tion, it should only deal with cases, which are not the
subject of legal proceedings at national or Community
level. An applicant remains free to launch such proceed-
in which case the problem will be
ings at any time,
registered as closed in the database. Where other effec-
tive cross-border problem-solving mechanisms exist and
are effective, SOLVIT is not intended to replace them,
but to direct appropriate cases to those mechanisms.

Successful problem resolution requires
the Member
States' Coordination Centres to work together. The
Coordination Centre in the Member State of the appli-
cant should ensure that the case is valid and that all
relevant information is made available. It is then up to
the Coordination Centre in the Member State where the
problem occurs to take steps to resolve it.

(6)

(7)

(8)

(9)

(3) Council conclusion of 31 May 2001.
(4) CES 702/2001 of 30-31 May 2001.
(5) CdR 200/2001Rev. 2 of 14/15 November 2001.
(6) COM(2001) 428 of 25.4.2001.

Whereas:

(1)

(2)

(3)

(4)

Article 3 of the Treaty sets out the aim of abolishing all
obstacles to free movement of goods, persons, services
and capital between the Member States to create what is
known as an Internal Market. Citizens and businesses,
particularly small businesses, alike would benefit if there
were a way of resolving informally the problems which
arise when rules intended to achieve that aim are not
applied correctly.

The Single Market Action Plan of 1997 (1) called on
Member States to establish ‘Contact Points for citizens
and for business’ to which specific Internal Market prob-
lems can be channelled. Member States also established
‘Coordination Centres’ to work together to resolve cross-
border problems, which are caused by misapplication of
Internal Market rules by public administrations (‘the
problem solving network’).

The problem solving network has now been in place for
three years. Member States and the Commission,
through the Internal Market Advisory Committee, have
looked at how effective it is. They concluded that one of
its main weaknesses was that cases were not all given
the same standard of treatment and that outsiders could
not see how it was working.

its ideas on problem
The Commission has set out
solving in its Communication on effective problem
solving in the Internal Market (‘SOLVIT’ (2). It proposed a
new approach called ‘SOLVIT’. It is proposed to make
the network more effective by setting up a shared online
database. Coordination Centres in the Member States
will register and track cases which will be more efficient
and make it easier for citizens to see how it works.

(1) CSE (97) 1 final of 4.6.1997.
(2) COM (2001) 702 final of 27.11.2001.

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(10)

Both Coordination Centres should confirm that a case is
valid and that they will use their best endeavours to
resolve it within a fixed deadline, which may be
extended in exceptional circumstances.

(11) Applicants should be informed in advance how cases are
handled and what deadlines apply. They should be
reminded that other more formal means of redress, such
as legal proceedings, might also be available to them. In
order to benefit from such formal means, a case may
need to be lodged within certain deadlines, which will
not be suspended as a result of using SOLVIT. Appli-
cants do not have to accept proposed solutions. As
SOLVIT is an informal problem-solving mechanism, it
does not provide for ways for the applicant to challenge
proposed solutions.

(12) All proposed solutions should be in full conformity with
Community law. The Commission reserves the right to
take action against Member States whenever it considers
that this may not be the case.

(13) All appropriate steps should be taken to protect confi-

dential

information.

(14)

The principles set out in this Recommendation should
apply from the time when the online database becomes
operational,

HEREBY RECOMMENDS:

I. GENERAL

A. Subject-matter and scope

2.

‘Home Coordination Centre’: the Coordination Centre in the
Member State in which the cross-border problem was
raised;

3.

‘Lead Coordination Centre’: the Coordination Centre in the
Member State in which the cross-border problem occurred;

4.

‘cross-border problem’: problem confronting an individual
or business in a Member State involving the application of
Internal Market rules by a public authority in another
Member State; this includes situations where a citizen or
business having an administrative link (e.g. nationality, qual-
ifications, establishment) with one Member State is already
in the second Member State where the problem occurs;

5.

‘Internal Market rules’: provisions governing the functioning
of the Internal Market within the meaning of Article 14(2)
of the Treaty;

6.

‘legal proceedings’: formal proceedings for the resolution of
a dispute before a judicial or quasi-judicial body;

7.

‘applicant’: an individual or business which has submitted a
cross-border problem to a Coordination Centre.

II. PRINCIPLES

A. Home Coordination Centre

1. The Home Coordination Centre should enter the cross-

border problem in the SOLVIT database.

2. Before entering a case in the database, the Home Coordina-

tion Centre should:

(a) check its merits;

(b) verify whether the case could be better resolved by other
through the Euro Info Centres

for example,

means,
Network;

This Recommendation, sets out Principles to be followed by
their Coordination Centres of the Member States when they
deal with cross-border problems related to the application of
Internal Market rules as part of the SOLVIT network.

It does not apply to problems which are the subject of legal
proceedings at national or Community level.

B. Definitions

For the purposes of this Recommendation, the following defini-
tions apply:

(c) check whether legal proceedings would be more appro-

priate.

It should not enter a case in the database if it is already the
subject of legal proceedings. If an applicant decides, at any
stage,
the case should be
removed from the database.

to initiate legal proceedings,

3. When entering a case in the database, the Home Coordina-
tion Centre should make available to the Lead Coordination
Centre all relevant information so that the case can be
resolved quickly, subject to the confidentiality safeguards
referred to in H.

1.

‘Coordination Centre’: department in the administration of a
Member State with responsibility for handling cross-border
problems raised by individuals or businesses;

4. It should maintain contact with the applicant until the case

is closed.

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B. Lead Coordination Centre

when the problem should be resolved. The deadline for
resolving problems should be ten weeks.

1. The Lead Coordination Centre should confirm acceptance of
the case within one week and forward it to the appropriate
part of its Administration for action. Any additional infor-
mation required should be requested from the Home Coor-
dination Centre as soon as possible. If the Lead Coordina-
tion Centre does not accept a case, this should be automati-
cally indicated in the database and reasons for the rejection
given. The Home Coordination Centre should inform the
applicant, who may pursue the case through more formal
proceedings.

2. In exceptional cases,

the Home and Lead Coordination
Centres may agree to extend the deadline by up to four
weeks if they consider it probable that a solution can be
found within that time.

F. Exchange of information and communication

2. The ‘Lead’ Coordination Centre should take responsibility

for resolving the cross-border problem.

1. The Lead Coordination Centre should use its best endeav-
ours to resolve the case in close cooperation with other
parts of its Administration.

C. Information of the applicant

2. Maximum use should be made of electronic mail and other

rapid means of communication.

1. The Home Coordination Centre should inform applicants in
advance about the procedure and deadlines. This should
include information that more formal means of redress may
be available at national and Community level. It should be
pointed out that under national law certain deadlines might
have to be respected in order to preserve legal rights and
that SOLVIT does not affect these deadlines.

2. Applicants should also be informed that they do not have to
accept proposed solutions. However, proposed solutions
cannot be challenged within SOLVIT. If a problem cannot
be solved through SOLVIT, or if a solution proposed is
considered to be unacceptable, an applicant may still initiate
formal proceedings, if so desired. If formal proceedings are
launched during the problem- solving phase, this will result
in the case being removed from SOLVIT.

D. Access to SOLVIT database

1. The Home Coordination Centre and the Lead Coordination
Centre should be able to register information in the SOLVIT
database and to close the case.

2. The other Coordination Centres should only have read-only
access to the information on the case, which will be made
anonymous. Applicants should have read-only access to
their cases.

E. Deadlines

1. As soon as the Lead Coordination Centre confirms accep-
tance of a case, the database should indicate the date by

3. The Lead Coordination Centre should keep the Home Coor-
dination Centre informed of progress. It should update the
information in the database whenever there is a change or
at least once a month.

4. The Home and Lead Coordination Centres should agree
between themselves what language they will use to commu-
nicate with each other, bearing in mind the aim of resolving
problems through informal contacts as quickly and effi-
ciently as possible,

in the interests of the applicant.

5. The Home Coordination Centre should be responsible for
providing translations of documents submitted by the appli-
cant, whenever necessary.

G. Outcome of a case

1. All proposed solutions should be in full conformity with
Community law. The Commission reserves the right to take
action against Member States whenever it considers that this
may not be the case.

2. When a solution is found to a cross-border problem within
the deadline,
the Lead and Home Coordination Centres
should confirm their agreement that the problem has been
in the database. The Lead
solved and register that
Coordination Centre should inform the Home Coordination
Centre how the applicant can benefit from the solution.

fact

3. If the Lead Coordination Centre concludes that the Member
State concerned has complied with Internal Market law and
that the case is unfounded, it should enter that fact in the
database. The Home Coordination Centre should inform the
applicant of the reasons. The applicant may,
if desired,
pursue the case through more formal proceedings.

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H. Confidentiality

III. DATE OF APPLICATION AND ADDRESSEES

1. The Home Coordination Centre should normally disclose
the applicant's identity to the Lead Coordination Centre to
facilitate problem solving. The applicant should be informed
of this at the start of the process and offered the oppor-
tunity to object,
in which case the applicant's identity
should not be disclosed.

2. The information provided by the applicant should be used
by the Lead Coordination Centre only for resolving the case.

3. Appropriate steps should be taken to safeguard commer-
cially sensitive or personal data at all times and especially
when transferring data across the network.

This Recommendation applies from 1 June 2002.

This Recommendation is addressed to the Member States.

Done at Brussels, 7 December 2001.

For the Commission

Frederik BOLKESTEIN

Member of the Commission