This is an HTML version of an attachment to the Freedom of Information request 'EU pilot cases concerning services regulation 2009-2015'.

Date: Thu, 20 Dec 2018 13:00:53 +0000
Subject: Access to documents request - EU pilot cases concerning services regulation 2009-2015
From: xxxxxxx@xx.xxxxxx.xx
Cc: xxxxxxxxxxxxxxxxxxxx@xx.xxxxxx.xx

Dear Sir,

On 5 December you have sent to the Commission's services 2 emails, with the following questions in relation to the Impact Assessment for the Commissions' legislative proposal COM(2016) 821 on notifications for services:

- which regulatory measures in the field of services where the focus of the 30 EU Pilot cases initiated by the European Commission between 2009 and 2015?
- which types of services and/or measures were notified by Member States in the period 2010-2015 as a result of the notification procedure of the Services Directive?

In order to provide you with an answer, we have decided to treat your requests as a request for information to the Commissions' services.

-Regarding your first question, we would lie to inform you that the 30 EU Pilot cases referred to in the Impact Assessment concerned essentially national measures providing for: legal form, shareholding, minimum/maximum/fixed tariffs, prohibition of multidisciplinary activities, authorisation schemes, exclusive right granted to a single operator.

-Regarding your second question, we would like to inform you that, in addition to the information already provided in the Impact Assessment to which you refer in your email, the measures notified under the Services Directive in the period 2010-2015 concerned the following type of services:
• Child care services
• Recreational, cultural and sporting services
• Prostitution services
• Skiing schools
• Establishment and maintenance of final resting places
• Holding public events
• Chimney sweeping services
• Gambling services
• Environmental services
• Environmental accreditation
• Laboratory services
• Services of surveyors
• Accounting services
• Research and development services and related consultancy services
• Auditing services
• Consulting services for water-supply and waste consultancy
• Crafts
• Tourism services
• Construction services
• Services from lawyers
• Industrial inspections
• Recruitment services
• Intellectual property services
• Industrial property services
• Funeral Services
• Waste management and related services
• Hotel and accommodation services
• Water distribution and related services
• Retail and wholesale trade services
• Services of surveyors
• Tax consultancy services
• Engineering services
• Travel agency, tour operator and tourist assistance services
• Restaurant and food-serving services
• Architectural services
• Real estate services
• Educational and training services
• Energy services
• Employment agency services
• Veterinary services
• Travel agency, tour operator and tourist assistance services
• Postal and telecommunications services
• Mediation services
• Planning activities
• Training activities
• Services in relation to regulated substances
• Rental services
• Hairdressing and beauty treatment services
• Agricultural advisory services
• Vehicles services
• Health services
• Technical testing services
• Legal services
• Fishing services
• Cleaning services
• Catering services
• Fair and amusement park services
• Security services
• Liquidation services
• Archaeological services
• Metal trading
• Pathologist services
• Gas distribution and related services
• Debt collection services
• Corporate restructuring services
• Bankruptcy administration services
• Fire protection
• Water protection
• Street trading
• Street artist
• Events organisation
• Electricity distribution and related services
• Packing services
• Slaughtering activities
• Transport services
• Cargo handling and storage services
• Repair and maintenance services of motor vehicles and associated equipment
• Forestry services
• Horticultural services

The notified measures contain requirements on establishment falling under Article 15 of the Services Directive 2006/123/EC and requirements on free provision of services falling under Article 16 of that Directive.

Best regards,

European Commission
DG Internal Market, Industry, Entrepreneurship and SMEs
Unit E1 – Services Policy for Consumers
N105 1/017
B-1049 Brussels/Belgium
Tel: +32 229-60531

-----Original Message-----
From: Olivier Hoedeman []
Sent: Wednesday, December 05, 2018 10:08 AM
Subject: access to documents request - EU pilot cases concerning services regulation 2009-2015

Dear Internal Market, Industry, Entrepreneurship and SMEs,

Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, I am requesting documents which contain the following information:

- which regulatory measures in the field of services where the focus of the 30 EU Pilot cases initiated by the European Commission between 2009 and 2015?

The "Evaluation report – notification procedure of the Services" (annex to the impact assessment for the proposed Notification Procedure 2016/0398 (COD)) mentions that "from 2009 to 2015 the Commission had to initiate 30 EU Pilot cases 82 (based on complaints,
own-initiative from the Commission or notifications) against Member States concerning regulatory measures covered by the Services Directive they newly introduced and which the Commission suspected not to be compatible with EU law."

The evaluation report does not mention against which (types of) regulatory measures these cases were started.

In the light of the Commission's proposal to strongly increase its oversight, scrutiny and veto powers concerning regulation of services by national, regional and municipal authorities via the proposed Notification Procedure (2016/0398 (COD)), there is a clear public interest in enabling the public to know which (types of) services regulation were the focus of these Pilot cases. This is crucial in order to assess what led the European Commission to conclude that the existing notifications procedure is not sufficient and that a much stronger mechanism is needed.

Yours faithfully,
Olivier Hoedeman
on behalf of Corporate Europe Observatory (CEO)

Corporate Europe Observatory (CEO)
Rue d'Edimbourg 26,
1050 Brussels, Belgium
Tel. +32 (0)2 893 0930
Mobile: +32 474 486545

EU Transparency Register ID Number: 5353162366-85


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