Opinion of the Commission pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, on the European Parliament's amendments to the Council's common position regarding the proposal for a Directive of the European Parliament and of the Council on services in the internal market amending the proposal of the Commission pursuant to Article 250(2) of the EC Treaty
Date: 2006-11-16
Institutions: European Commission
Subjects: EC Directive, domestic market, services contract

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 16.11.2006 
COM(2006) 718 final 

2004/0001 (COD) 

OPINION OF THE COMMISSION 

pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, on the 
European Parliament's amendments to the Council's common position regarding the 
proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

ON SERVICES IN THE INTERNAL MARKET 

AMENDING THE PROPOSAL OF THE COMMISSION 
pursuant to Article 250(2) of the EC Treaty 

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2004/0001 (COD) 

OPINION OF THE COMMISSION 

pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, on the 
European Parliament's amendments to the Council's common position regarding the 
proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND THE COUNCIL 

ON SERVICES IN THE INTERNAL MARKET 

(Text with EEA relevance) 

1. 

INTRODUCTION 

Article  251(2),  third  subparagraph,  point  (c)  of  the  EC  Treaty  provides  for  the 
Commission  to  give  an  opinion  on  the  amendments  proposed  by  the  European 
Parliament  in  second  reading.  The  Commission's  opinion  on  the  3  amendments 
proposed by the Parliament is set out below. 

2. 

BACKGROUND 

Proposal transmitted to the European Parliament and the Council 
(document COM(2004)2 final – 2004/0001(COD) on: 

06.02.2004 

European Economic and Social Committee opinion delivered on: 

09.02.2005 

Committee of the Regions opinion delivered on: 

29.09.2004 

European Parliament opinion (first reading) delivered on: 

16.02.2006 

Amended proposal transmitted on: 

Common position adopted with qualified majority on: 

06.04.2006 

24.07.2006 

European Parliament opinion (second reading) delivered on:  

15.11.2006 

3. 

AIM OF THE COMMISSION PROPOSAL 

The Commission proposal aims at: 

–  improving the basis for economic growth and employment in the EU; 

–  achieving  a  genuine  Internal  Market  in  services  by  removing  legal  and  administrative 

barriers to the development of service activities; 

–  strengthening the rights of consumers as users of services;  

–  establishing  legally-binding  obligations  for  effective  administrative  co-operation  between 

Member States. 

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4. 

OPINION  OF  THE  COMMISSION  ON  THE  AMENDMENTS  BY  THE  EUROPEAN 
PARLIAMENT 

In  second  reading,  the  Parliament  has  adopted  3  amendments  to  the  Council's  Common 
Position. They introduce changes to certain comitology aspects of the text without affecting 
the  substance  or  the  principles  of  the  Common  Position  and  the  Commission's  amended 
proposal.  Following  inter-institutional  contacts  the  Commission  accepts  all  these  3 
amendments. 

These amendments are as follows: 

Amendment 40 – Article 23(4) Professional liability insurance and guarantees 

This  amendment,  by  means  of  reference  to  Article  40(2a),  provides  for  the  regulatory 
procedure  with  scrutiny,  instead  of  the  regulatory  procedure,  for  the  possibility  to  establish 
common criteria for defining what is appropriate to the nature and extent of the risk, for the 
purpose of the professional liability insurance or guarantees. 

Amendment 41 – Article 36 Implementing measures 

This  amendment,  by  means  of  reference  to  Article  40(2a),  provides  for  the  regulatory 
procedure  with  scrutiny,  instead  of  the  regulatory  procedure,  for  the  specification  of  time 
limits to be respected by Member States in certain cases of administrative cooperation. 

Amendment 42 – Article 40(2a) Comitology 

This amendment adds the regulatory procedure with scrutiny to the regulatory procedure and, 
by means of reference in Article 23(4) and Article 36, is the basis for the introduction of the 
regulatory procedure with scrutiny in these Articles. 

5. 

CONCLUSION 

Under Article 250(2) of the EC Treaty, the Commission hereby amends its proposal as set out 
above. 

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