European Parliament resolution on follow-up to the report on Competition in Professional Services (2006/2137(INI))
Date: 2006-10-12
Institutions: European Parliament
Subjects: competition, competition law, liberal profession, professional association, provision of services, services of general interest

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70. Welcomes the proposed ban on imports, exports, trading and processing of dog and cat fur and calls
import ban on seal products and ‘cruelty products’ from third
on the Commission to propose a total
countries, such as fur from animals skinned alive, fur from animal breeding farms with no veterinary con-
trols and pharmaceutical products made from endangered species, and wherever low production standards
are a threat to the environment and biodiversity;

Calls on the Commission to submit proposals to make the temporary ban on EU imports of birds

71.
caught in the wild on ethical, health and welfare grounds permanent;

72.
Is concerned that the trade in exotic animals threatens both biodiversity and animal welfare; believes
that biodiversity implications should be taken into account when devising animal welfare policy on the
cross-border problems referred to in the Action Plan;

73.
Expresses concern about the suffering of fighting animals; calls upon the Community to bring an end
to dog and cock fighting, through national or community legislation as appropriate, and by ensuring that
those involved receive no state or national subsidies relating to their activities;

74.
Considers that the submission of a Commission report to the European Parliament and the Council
on the influence of genetic parameters on the welfare of broiler breeders and broiler chickens by 2010 must
be accompanied by appropriate legislative proposals;

75.
Considers that the submission of a report to the European Parliament and the Council on the pro-
tection of pigs kept for farming purposes, envisaged for 2009, must be accompanied by appropriate legis-
lative proposals;

76.
Calls for Bulgaria and Romania already to be guided by the Community's animal protection objec-
tives and to implement and enforce all existing EU animal protection legislation before January 2007 or, if
transition periods have been agreed as part of their accession treaties, at least within that period;

77.
Considers that before the accession of a new Member State to the EU, the Commission should verify
the appropriate implementation of the EU's animal protection legislation as well as national regulation in
this context;

78.

Instructs its President to forward this resolution to the Council and the Commission.

P6_TA(2006)0418

Follow-up to the report on competition in professional services

European Parliament resolution on follow-up to the report on Competition in Professional Services
(2006/2137(INI))

The European Parliament,

— having regard to the Commission communication,

‘Report on Competition in Professional Services’

(COM(2004)0083),

— having regard to the Commission communication, ‘Professional Services — Scope for more reform —

Follow-up to the Report on Competition in Professional Services’ (COM(2005)0405),

— having regard to Articles 6, 43, 45, 49 and 81 of the EC Treaty,

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— having regard to its resolution of 18 January 1994 on the state and organisation of the profession of

notary in the twelve Member States of the Community (1),

— having regard to its resolution of 5 April 2001 on scale fees and compulsory tariffs for certain liberal
professions, in particular lawyers, and on the particular role and position of the liberal professions in
modern society (2),

— having regard to its resolution of 16 December 2003 on market regulations and competition rules for

the liberal professions (3),

— having regard to its resolution of 23 March 2006 on the legal professions and the general interest in

the functioning of legal systems (4),

— having regard to Council Directive 77/249/EEC of 22 March 1977 to facilitate the effective exercise by

lawyers of freedom to provide services (5),

— having regard to Directive 98/5/EC of the European Parliament and of the Council of 16 February 1998
to facilitate practice of the profession of lawyer on a permanent basis in a Member State other than
that in which the qualification was obtained (6),

— having regard to Council Directive 2003/8/EC of 27 January 2003 to improve access to justice in cross-
border disputes by establishing minimum common rules relating to legal aid for such disputes (7),

— having regard to Directive 2005/36/EC of the European Parliament and of the Council of 7 September

2005 on the recognition of professional qualifications (8),

— having regard to the jurisdiction of the Court of Justice of the European Communities in the areas of
competition law and freedom of services in the Community, with particular regard to national provi-
sions on minimum fees,

— having regard to Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005

concerning unfair business-to-consumer commercial practices in the internal market (9),

— having regard to the Institute for Advanced Studies (IHS) report of January 2003on behalf of the
‘Economic Impact of Regulation in the field of Liberal Professions in Different Member

Commission,
States’,

— having regard to Rule 45 of its Rules of Procedure,

— having regard to the report of the Committee on Economic and Monetary Affairs (A6-0272/2006),

A. whereas in March 2000, the Lisbon European Council adopted a programme of reform aimed at mak-
ing the EU the most competitive and dynamic knowledge-based economy in the world by 2010, cap-
able of sustainable economic growth with more and better jobs and greater social cohesion, and respect
for the environment (the Lisbon Strategy),

B. whereas the report from the High Level Group of November 2004, chaired by Wim Kok, ‘Facing the
challenge — The Lisbon Strategy for growth and employment’, stressed the importance of deregulating
all markets and removing unnecessary red tape in order to boost competition,

(1) OJ C 44, 14.2.1994, p. 36.
(2) OJ C 21 E, 24.1.2002, p. 364.
(3) OJ C 91 E, 15.4.2004, p. 126.
(4) Texts Adopted, P6_TA(2006)0108.
(5) OJ L 78, 26.3.1977, p. 17.
(6) OJ L 77, 14.3.1998, p. 36.
(7) OJ L 26, 31.1.2003, p. 41.
(8) OJ L 255, 30.9.2005, p. 22.
(9) OJ L 149, 11.6.2005, p. 22.

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C. whereas in March 2005, in its mid-term review of the Lisbon Strategy, the European Council estab-
lished the need to give it fresh impetus and to focus on growth and employment and urged the Mem-
ber States to submit national reform programmes to promote growth and employment,

D. whereas services, which are the main motor for growth in the EU, have an important role to play in

improving the competitiveness of Europe's economy,

E. whereas professional services must be included in the reform efforts, since they are a key sector of

Europe's economy,

F. whereas, by virtue of the principle of subsidiarity, it is up to Member States to decide whether they
wish to regulate the professions directly through national rules or to allow self-regulation by profes-
sional bodies,

G. whereas for the last few years the Commission has been conducting a dialogue with Member States and
professional bodies on the dismantling of barriers to competition, which has led to the adoption of
deregulation measures and new reform initiatives,

H. whereas,

in accordance with the principle of subsidiarity, Member States and national professional

bodies for service providers have a prominent role to play in pursuing reform efforts,

I. whereas professional organisations, other professional bodies, consumer and user organisations and all

relevant stakeholders need to be involved in the process in a balanced manner,

J. whereas specific regulations are legitimate owing to the asymmetry of information between customers
and service providers, the fact that certain professional services are deemed to provide public goods,
and the fact that the provision of professional services may be linked to externalities,

K. whereas the stocktaking exercise of professional services ordered by the Commission in 2002/2003 no
longer reflects the current state of regulation in the individual Member States and therefore stands in
the way of an assessment of reform endeavours,

L. whereas the Commission has failed to address the consequences of a systematic pro-competitive reform

of the sector of professional services as regards job creation and additional growth,

M. whereas clear objectives and benchmarks based on scientific evidence will strengthen the conviction of

all those involved in the reform process of the need for reform efforts,

N. whereas the fundamental priority of the reform should be to provide broader and easier access for

consumers, while at the same time ensuring the quality and cost-efficiency of the services,

O. whereas there are still substantial differences in the extent to which the various professional categories

have succeeded in opening up the market,

P. whereas Directive 2005/36/EC establishes rules according to which host Member States make access to
or the pursuit of a regulated profession in its territory contingent upon the possession of specific
professional qualifications,

1. Welcomes the dialogue between the Commission, the Member States and the professional bodies of
professional services providers aimed at dismantling barriers to competition which are unjustified or harm-
ful to the pursuit of the general interest and rules which are against the interests of consumers and ulti-
mately of the providers themselves;

2.

Calls on all those involved in the reform process to pursue it in a constructive manner;

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3.
Acknowledges the right to issue regulations based on traditional, geographic and demographic specifi-
cities; emphasises in this connection that rules should be chosenwhich restrict competition as little as poss-
ible and that, within the existing system, substantive reform processes must be pursued in order to help
attain the Lisbon targets;

4.
Encourages Member States constructively to examine the practical experience of other Member States
in the process of reforming professional services so as to derive the maximum possible benefit for their own
reform endeavours;

5.
Considers that the mandatory nature of fixed or minimum rates and the ban on negotiating fees based
on the result achieved might be detrimental to the quality of service to the public and to competition; calls
on the Member States to overcome these constraints with measures which are less restrictive and more
likely to comply with the principles of non-discrimination, necessity and proportionality, by setting up
mechanisms to consult all the interested parties;

Calls on the Commission to ensure that treaty provisions on the protection of competition and the

6.
internal market are properly observed in the liberal profession sectors;

7.
Takes the view that effective and transparent self-regulation or regulation of service providers, which
evaluates in advance the impact of the measures taken and monitors and fine-tunes them if appropriate, is
an appropriate means of meeting the requirements of the Lisbon Strategy; considers that the Member States
should be responsible for monitoring the scope of self-regulation to ensure that it does not impact nega-
tively on consumer interests or the general interest;

Calls on the Member States to ensure access to and the mobility of professional services and to ease

8.
transition from university and post-graduate education into the professions;

9.
Considers it necessary, in order to strengthen small and medium-sized enterprises and increase the
capacity for innovation and competitiveness of professional services, that restrictions on the scope for
cooperation be eliminated and the setting up of inter-professional service providers be facilitated;

10.
Considers it important to improve ethical standards and consumer protection in the field of profes-
sional services and supports the adoption of codes of conduct by professional service providers to be drawn
up with the involvement of all relevant stakeholders;

11.
Points out that special regulations in the field of advertising can be largely dispensed with, that the
continuity of such regulations should be limited to duly justified exceptional cases, and that the reduction of
regulation should be aimed at enabling professionals to inform users of the services they offer via advertis-
ing, providing consumers with information on their professional qualifications and specialisations, and on
the nature and cost of the services offered;

Calls on the Commission to show the extent of new jobs and additional growth that can be expected

12.
from a systematic pro-competitive reform of the sector;

13.
Urges the Commission to examine more carefully the differences in the extent to which the various
professional categories in each Member State have opened up the market and the expected impact of the full
removal of unnecessary obstacles to competition, including an assessment of the expected impact on profes-
sional sectors that have limited resources or that are restricted to certain regions;

14.
Encourages the Commission to broaden the scope of its analysis as regards the subdivision of reg-
ulatory protection by category of consumer group by looking more closely at small and medium-sized
undertakings and to address and study more closely the fact that demand for professional services from
public authorities is not homogenous, but derives from the independent action of many small units acting
at different levels of intensity;

15.
Points out that the subdivision of regulatory protection according to individual categories of consu-
mer overlooks the fact that rules derive their legitimacy from the fact that externalities may appear in the
provision of professional services and that certain professional services may be deemed to be public goods;

16.

Instructs its President to forward this resolution to the Council and the Commission.