Directive On Services In The Internal Market

Transposition and Implementation

The consultation period has now closed. All comments received will be copied to the Office of the Parliamentary Counsel who will draw up the legislation to transpose the Directive.

• Introduction
• Developments at National Level
• Developments in the EU Council
• Developments in the European Parliament
• Developments in the EU Commission
• Link back to main Services Directive page

Introduction

Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market- OJ L 376/36 (pdf document 213kb) is part of the process of economic reform launched by the Lisbon European Council (the Lisbon Agenda) with a view to making the EU the most competitive and dynamic knowledge-based economy in the world by 2010. See also Commission Decision 2009/739/EC, Commission Decision 2009/767/EC. and Commission Decision 2010/425/EU which amends Commission Decision 2009/767/EC.

The free movement of people, goods and services across EU borders is one of the main benefits for citizens and businesses alike in the EU, providing greater choice and price competition. Services account, in most Member States, for 70% of GNP and employment. The services covered by the original draft Directive represented about 40% of Gross Domestic Product (GDP), roughly twice as much as manufacturing.

The Directive applies to most commercial services, except financial, electronic communications and transport services. Public services are excluded, as are healthcare services, audio-visual services, activities connected with the exercise of official authority, temporary employment agencies, security services, certain social services, gambling and taxation. The Directive applies only to the providers of commercial services established in a Member State.

The UK Department of Business, Enterprise and Regulatory Reform has published its response to its public consultation, 02 July 2008

The UK Department for Business, Enterprise and Regulatory Reform (BERR)has launched a Public Consultation on UK plans to implement the Services Directive, 8 November 2007

Directive 2005/36/EC (pdf document, 800kb) of the European Parliament and of the Council on the Recognition of Professional Qualifications (as amended by Council Directive 2006/100/EC pdf document, 660kb) was transposed into Irish law by the following Act and Statutory Instruments:

• Building Control Act, 2007 (No. 21 of 2007) (pdf document, 1.36mb)
  • Building Control Act (Commencement) Order, 2008, S.I. No. 50 of 2008 (pdf document, 99kb)
• European Communities (Lawyer’s Establishment) (Amendment) Regulations 2008, S.I. No. 96 of 2008 (pdf document, 106kb)
• European Communities (Freedom to Provide Services) (Lawyers) (Amendment) Regulations 2008, S.I. No. 97 of 2008 (pdf document, 108kb)
• Recognition of Professional Qualifications (Directive 2005/36/EC) Regulations 2008, S.I. No. 139 of 2008 (pdf document, 194kb)
• Recognition of the Professional Qualifications of Nurses and Midwives (Directive 2005/36/EC) Regulations 2008, S.I. No. 164 of 2008 (pdf document, 138kb)
• Recognition of the Professional Qualifications (Health and Social Care Professions) (Directive 2005/36/EC) Regulations 2008, S.I. No. 166 of 2008 (pdf document, 118kb)
• European Communities (Recognition of Professional Qualifications Relating to the Profession of Pharmacist) Regulations 2008, S.I. No. 167 of 2008 (pdf document, 147kb)
• Recognition of the Professional Qualifications of Dentists (Directive 2005/36/EC) Regulations, S.I. No. 263 of 2008 (pdf document, 138kb)
• European Communities (Veterinary Practice Act 2005) (Qualifications in Veterinary Medicine) Regulations 2007, S.I. No. 745 of 2007 (pdf document, 111kb)
• Medical Practitioners Act, 2007, No. 25 of 2007 (pdf document, 561kb)
  • Medical Practitioners Act, 2007 (Commencement) Order 2009 – S.I. No. 40 of 2009 (pdf document, 99kb)
• The Veterinary Practice Act 2005, No 22 of 2005 (pdf document, 322.28kb)
• The Dentist Act 1985, No 9 of 1985
• The Nurses Act 1985, No 18 of 1985
• The Pre Hospital Emergency Care Council Orders, S.I. No 9 of 2000
• The Pre Hospital Emergency Care Council Orders, S.I. 575 of 2004
• The Opticians Act 1956, No 17 of 1956
• The Opticians Amendment Act 2003, No 22 of 2003 (pdf document 32.07kb)
• The National Social Work Qualifications Board Order, S.I. of 1997
• The Building Control Act 1990 (pdf document, 142.93kb)
• The Health Miscellaneous Provision Act 2007, No 42 of 2007 (pdf document, 352.04kb)
• The European Communities (Veterinary Practice Act 2005) (Amendment) Regulations 2007, S.I 117 of 2007 (pdf document, 82.42kb)
• The Pharmacy Act 2007, No 20 of 2007 (pdf document, 481.33kb)
  • The Pharmacy Act 2007 (Commencement) Order 2008, S.I. 487 of 2008 (pdf document, 99.35kb)

Developments at National Level

16 June 2010 The Minister for Enterprise, Trade and Innovation answered a question from Deputy Ciaran Lynch on the Services Directive.

8 June 2010 Transposition of Article 8 of the Directive on Services in the Internal Market.

8 June 2010 Electronic Commerce (Certification Service Providers Supervision Scheme) Regulations 2010, S.I. 233 of 2010 (pdf document, 103.37kb)

1 April 2010 The Minister for Enterprise, Trade and Employment answered a question from Deputy Joe Costello on the Services Directive.

9 March 2010 The Tanaiste and Minister for Enterprise, Trade and Employment answered a question from Deputy Pat Rabbite on the Services Directive

3 March 2010 The Tanaiste and Minister for Enterprise, Trade and Employment answered a question from Deputy Michael Creed regarding the impact of the Services Directive on the Casual Trading Act

23 February The Tanaiste and Minister for Enterprise, Trade and Employment answered a question from Deputy Joe Costello on the Services Directive

5 February Transposition of the Services Directive

2 February The Tanaiste and Minister for Enterprise,Trade and Employment answered a question from Deputy Michael D Higggins on the Services Directive

18 December The Services Directive and Casual Trading

2 December The Tánaiste and Minister for Enterprise, Trade and Employment answered a question from Deputy Ciarán Lynch on the Services Directive:

21 October Replies to the Consultation Document:
Response from the Society of Chartered Surveyors (pdf document, 262kb)
Response from the Department of Transport
Response from Arthur Morgan, T.D. on behalf of Sinn Fein (pdf document, 5.5kb)
Response from the Department of Arts, Sport and Tourism
Response from the Department of Communications, Energy and Natural Resources
Response from the Irish Congress Of Trade Unions (pdf document, 117kb)

16 October 2009 The consultation period has now closed. All comments received will be copied to the Office of the Parliamentary Counsel who will draw up the legislation to transpose the Directive.

6 October 2009 The Tánaiste and Minister for Enterprise, Trade and Employment answered three questions from Arthur Morgan, T.D. on the Services Directive.

22 September 2009, The Tánaiste and Minister for Enterprise, Trade and Employment answered a question on the Services Directive:

• Deputy Willie Penrose asked the Tánaiste and Minister for Enterprise, Trade and Employment if in the context of the transposition of the Services Directive 2006/123/EC, which has to be passed into law here with a deadline of December 2009, she will permit an opportunity for the Houses of the Oireachtas to discuss the proposed legislative provisions, rather than the proposal set out in her consultation document which provided for transposition of this directive by way of statutory instrument; and if she will make a statement on the matter. [32397/09]

September 2009, The Department has published a Consultation Document, outlining the method of transposition of the Directive.

The Department of Enterprise, Trade and Employment is preparing a Regulatory Impact Analysis (RIA) [pdf file, 600kb] on the transposition of the Services Directive. The RIA is currently a work-in-progress and is being published in draft form as part of the consultation process in relation to the transposition of the Directive. Comments on the draft RIA should be forwarded by email to michael_clarke@entemp.ie or to sean_smith@entemp.ie. Comments received will be published on this website.

Press Release on Consultation Document, 3 August 2009

1 April 2009, The Tánaiste and Minister for Enterprise, Trade and Employment answered a question on economic competiveness, which included a reference to the Services Directive:

• Deputy Bernard J. Durkan asked the Tánaiste and Minister for Enterprise, Trade and Employment the steps she has taken or proposes to take to improve the competitiveness of the manufacturing and services sectors here; and if she will make a statement on the matter. [13752/09]

The Tánaiste and Minister for Enterprise, Trade and Employment answered two Parliamentary Questions on Regulatory Impact Analysis, 16 December 2008:

• 157.  Deputy Leo Varadkar asked the Tánaiste and Minister for Enterprise, Trade and Employment the occasions on which she did not carry out any form of regulatory impact analysis on statutory instruments, bills and EU directives for 2008 since June 2008; the reason in each case for that decision; and if she will make a statement on the matter. [46067/08]
  
• 158.  Deputy Leo Varadkar asked the Tánaiste and Minister for Enterprise, Trade and Employment the occasions on which her Department carried out a screening regulatory impact analysis on statutory instruments, bills and EU directives since June 2008; if, in each instance, the decision was taken to carry out a full regulatory impact analysis subsequent to the screening regulatory impact analysis; if no such decision was taken, the reason in each case that no full regulatory impact analysis was carried out; and if she will make a statement on the matter. [46082/08]
  

Forfas input into the Services Directive Regulatory Impact Assessment – [pdf file, 420kb]

As part of the process of screening national legislation to assess its compatibility with the Services Directive we have drawn up a series of guidelines to help Departments with the screening exercise. These guidelines relate to the four Articles for which we have to issue reports to the Commission. The four Articles are Article 9 (Authorisation schemes), Article 15 (Requirements to be evaluated), Article 16 (Freedom to provide services) and Article 25 (Multidisciplinary activities). The guidelines can be downloaded from this list:

• Article 9
• Article 15
• Article 16
• Article 25

An Inter-Departmental committee has been set up to ensure the Services Directive is transposed correctly in Ireland. The contact details of the members of the committee are contained in this document

The Department of Enterprise, Trade and Employment has also set up a committee to fulfil the Department’s obligations under the Directive. Details of the committee are contained in this document

The Minister for Enterprise, Trade and Employment answered a Parliamentary Question on the Services Directive, 6 November 2007

• Answer to Parliamentary Question – “To ask the Minister for Enterprise, Trade and Employment the number of regulatory impact assessments produced by his Department since the adoption of the policy by Government; the number of appropriate decisions made by his Department which did not include such assessments; the reason for same; and if he will make a statement on the matter.” – 16 October 2007, (word document, 47kb).

The Department is currently involved in preparing a Regulatory Impact Analysis (RIA) as the first step in transposing the Directive. Consultations with stakeholders and other interested parties will be undertaken later in the year. Further details of the consultations will be posted on this website.

Developments in the EU Council

25 May 2010 Council Secretariat Press Release of the 25th May 2010 meeting of the Competitiveness Council (pdf document, 235.85kb). See page 19

3 March 2010 Council Secretariat Press Release Competiveness (Internal Market, Industry and Research) pdf document 229.08 kb. See page 20

16 February 2010,Council conclusions on the deepening of the single market. (pdf document, 89.24kb)

24 September 2009, The Competitiveness Council discussed the latest state of play in Member States regarding the transposition of the Directive. Provisional Press Release (pdf document, 256kb), see page 9 for the Services Directive information.
Competitiveness Council conclusions, “How to make the Internal Market work better” (pdf document, 153kb).

29-30 May 2009,Information note from the EU Commission on the transposition of the Services Directive, which was on the agenda of the Competitiveness Council under “any other business” [pdf document, 133kb].

Developments in the European Parliament

Developments in the EU Commission

28 July 2010 Commission Decision amending Decision 2009/767/EC as regards the establishment, maintenance and publication of trusted lists of certification of service providers supervised/accredited by Member States.

30 June 2010 The European Commission has launched a consultation procedure under the mutual evaluation provisions of the Services Directive.

22 March 2010 Information relating to compiled list of Member States trusted lists as notified under Commission Decision 2009/767/EC (Pdf document, 689.78 kb)

23 February 2010 Information relating to compiled list of Member States trusted lists as notified under Commission Decision 2009/767/EC (pdf document, 605.53Kb)

28 January 2010 The European Commission has published a list of Article 21 bodies under the Services Directive (pdf document, 140.24 kb) on its website

10 December 2009 The European Commission has published a study on the non-discrimination clause in Article 20(2) of the Services Directive

16 October 2009 Commission Decision setting out measures facilitating the use of procedures by electronic means through the points of single contact under the Services Directive [pdf document, 1.8mb].

02 October 2009 Commission Decision setting out the practical arrangements for the exchange of information by electronic means between Member States under Chapter VI of Services Directive [pdf document, 715kb].

22 January 2009, Address by Commissioner McCreevy at the EP Committee on Internal Market and Consumer Protection (IMCO), Brussels.

9 September 2008, Speech by Joaquín Almunia, European Commissioner for Economic and Monetary Policy at the Zeit Conferenz Finanzplatz, Frankfurt - Securing European Growth: which political and economic decisions must we take?

19 December 2007, The European Commission has published the results of its consultation on the codes of conduct of professional organisations at European level. The document features an inventory of existing European codes of conduct. The document is designed to constitute a source of information for other professional organisations wishing to draw up their own codes of conduct.

July 2007, The European Commission has published a Handbook on implementation of the Services Directive to give Member States technical assistance in the implementation of the Services Directive (pdf document, 424kb)

The European Commission has launched a consultation process on codes of conduct, which are referred to in Article 37 of the Services Directive. The consultative procedure is open from 30 May 2007 until 30 July 2007.