Consultation on proposal to reform notifications of new regulatory requirements for services providers

Today the European Commission published a public consultation on a possible proposal to reform the procedure whereby Member States notify new regulatory requirements applicable to services providers.

Experience and assessment of the application of the current notification procedure under the Services Directive point to a number of difficulties with it. These issues mean that it is not possible to ensure an effective preventive enforcement of the Services Directive, i.e. ensuring that all new and changed national regulation is non-discriminatory, justified and proportionate, without the Commission having to initiate legal infringement proceedings against already adopted measures.

The aim of this public consultation is to seek the view of stakeholders on the existing services notification procedure established by the Services Directive and on potential improvements of that procedure.

The results of this consultation will provide invaluable input for the Commission when preparing any future policy proposals and assessing the impact of different policy options.

The consultation consists of an online questionnaire that is available in the 24 official languages of the EU.

It will run for a 12-week period, until 19 April 2016.

With this consultation the Commission seeks views from all interested parties - in particular from public authorities and bodies handling notifications under the Services Directive, as well as business representatives/organisations.

Access the questionnaire

Background information

The Single Market Strategy of 28 October 2015 announced several actions to further develop the Single Market for services. Improving the delivery of the Services Directive by reforming the notification procedure is one of these actions.

The Services Directive, adopted in 2006, led to some reforms of the regulation of services markets across Europe, facilitating the cross-border provision of services and establishment. However, Commission assessments show that reforms often lack ambition and reform progress is uneven among Member States. A more ambitious implementation of the Services Directive could add up to an additional 1.7% to EU GDP as European service providers still face many regulatory and administrative obstacles.

The Services Directive established that national rules restricting the right of establishment and the freedom to provide services falling under the Directive must be non-discriminatory, proportionate and justified by public interest objectives. To ensure that all new regulatory measures imposed by Member States fulfil these conditions and to prevent new barriers, the Services Directive introduced a procedure whereby Member States shall notify the Commission of new or changed regulatory measures affecting services. This should allow for an assessment of whether such measures are justified and proportionate.

Practical information

Organisations must register in the Transparency Register before they begin to answer the questions. The submissions of non-registered organisations will be published separately from those of registered ones as the input of individuals.

This consultation takes place in accordance with the general framework related to the protection of personal data.