Directive On Services in the internal market
General information on the Services Directive
Transposition of the Services Directive
The Services Directive (Directive 2006/123/EC on services in the internal market) was transposed in November 2010. The European Union (Provision of Services) Regulations 2010 (S.I.No. 533 of 2010) give effect to the Services Directive in Ireland, with the exception of Article 42 of the Directive, which was transposed separately by the European Communities (Court Orders for the Protection of Consumer Interests) Regulations 2010 (S.I. No. 555 of 2010).
Please find links below to copies of the regulations that transposed the Services Directive and a copy of a press release that was issued about the tranposing regulations.
- European Union (Provision of Services) Regulations 2010 giving effect to Directive 2006/123/EC on services in the internal market (S.I. No. 533 of 2010), (220.93 KB)
- The European Communities (Court Orders for the Protection of Consumer Interests) Regulations 2010, transposed Article 42 of the Services Directive by way of a new Statutory Instrument, (S.I. No. 555 of 2010 )
- Press Release on the European Union (Provision of Services) Regulations 2010, S.I. No. 533 of 2010
Note on Article 42 of the Services Directive
The decision to transpose Article 42 of the Services Directive separately in the European Communities (Court Orders for the the Protection of Consumer Interests) Regulations 2010 (S.I. No. 555 of 2010) was taken for reasons of transparency. The transposition of Article 42 adds the Services Directive to the list of Directives that are covered by the Injunctions Directive.
The European Communities (Court Orders for the Protection of Consumer Interests) Regulations 2010 also transpose Directive 2009/22/EC on injunctions for the protection of consumer interests and revoke the European Communities (Protection of Consumer Collective Interests) Regulations (S.I. No. 449 of 2001). The injunction Directive ensures that consumer rights, as set out in a number of other Directives can be protected by providing a means where Member States can bring an action to stop any breaches of consumer rights under the Directive in question.
Article 8 of the Services Directive
Please find links below to the Regulations made by the Minister for Communications, Energy and Natural Resources that are linked to Article 8 of the Services Directive, plus a note on Article 8 of the 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)
The following additional information on the Services Directive is available below
- Economic Studies, etc. relevant to the Services Directive
- Developments at national level, in the Council, the European Parliament and the European Commission prior to the adoption of the Directive
- Transposition and Implementation of the Directive, including the public comsultation process, and post transposition developments
The National Point of Single Contact
The National Point of Single Contact (NPSC) has been established as the point of single contact for Ireland as required under the Services Directive The role of the NPSC is to assist service providers who wish to provide services in Ireland, by connecting them with the relevant competent authorities and helping them complete all relevant procedures.
The list of Article 21 bodies designated under the Services Directive to provide information to businesses and consumers is available in the link information on the Services Directive (158.12 KB) on the National Point of Single Contact.
Background
Directive 2006/123/EC of the European Parliament and the Council of 12 December 2006 on services in the internal market- OJ L 376/36 (pdf document 213kb) – 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 , Commission Decision 2010/425/EU, which amends Commission Decision 2009/767/EC, and Commission Decision 2011/130/EU.
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 Directive represented about 40% of Gross Domestic Product (GDP), roughly twice as much as manufacturing.
The Directive applies to all 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 Commission published a Handbook to assist Member States with the implementation of the Directive.
Objective and main features
The objective of the Directive is to provide the necessary legal framework that will eliminate the obstacles to the freedom of establishment for service providers and the free movement of services between the Member States, giving both the providers and the recipients of services the legal certainty they need to exercise these two fundamental freedoms enshrined in the Treaty. Some provisions of the Directive relate to freedom of establishment only, some to free movement of services only and some to both. The Directive also gives affect to decisions of the European Court of Justice.
Obstacles to the freedom of establishment will be eliminated through:
- Administrative simplification measures in Member States, to make it easier for a service provider in one Member State to become established in another Member State;
- Certain principles which authorization schemes must respect, i.e. they must not discriminate against a service provider on grounds of nationality, the authorisation schemes must be objectively justified (they must be in the public interest) and the objective cannot be attained be means of a less restricted measure (Article 9);
- The prohibition of particularly restrictive legal requirements (Article 14);
- The obligation to assess further certain other legal
requirements (Article 15).
In order to eliminate obstacles to the free movement of services the proposal provides for:
- The free movement of services under which Member States would respect the right of service providers to provide services in a Member State other than that in which they are established;
- The right of recipients, including consumers, to avail of services from other Member States. Irish consumers will benefit from more suppliers offering increased competition into different sectors of the economy;
- Rights for recipients who obtain services from a provider established in another Member State, including information on services and their providers.
The proposal aims to establish mutual trust between Member States through:
- Mutual assistance between national authorities with a view to effective supervision of service providers and the services they provide; this is known as administrative co-operation;
- Harmonization of some legislation e.g. professional insurance, dispute settlement, exchange of information, etc;
- Measures for promoting the quality of services;
- Encouraging the drawing up of codes of conduct, in particular for certain services such as the regulated professions and estate agents.
Services Trade
Services account for only around 20% of total OECD trade, though the figure is somewhat larger for Ireland. Ireland had a 2.2% share of world services exports in 2004, out of all proportion to our share in world economic output. Potential growth sectors identified in the Enterprise Strategy Group Report (the O'Driscoll Report), which would benefit from implementation of the Directive, include education, intellectual, franchising, international sales and marketing, creative services, shared and outsourced business processes, supply chain management, construction related services, agriculture and bloodstock services and professional and consultancy services.
The main barriers faced by Irish exporters of services are of two types. There may be difficulties in setting up overseas affiliates, together with restrictions on Irish personnel gaining free access to these affiliates. Also, differences in the regulatory environment across countries mean that firms face difficulties and increased costs in establishing subsidiaries to provide services abroad.
The main barriers faced by Irish consumers of services offered by providers in other Member States are outright prohibitions on access to that service, the difficulty in ensuring that the service is adequately supervised by one or other of the regulatory bodies of the Member States involved and the complexity of taking legal action in case of conflict.
Economic Studies, etc.
Final version of the Services Directive Regulatory Impact Assessment as submitted to Government
Forfas input into the Services Directive Regulatory Impact Assessment – [pdf file, 1.09mb], September 2010
The European Commission has published a study on 10 December 2009 on the non-discrimination clause in Article 20(2) of the Services Directive
EU Commission Report the Impact of Free Movement of Workers in the Context of EU Enlargement, 18 November 2008
Forfas input into the Services Directive Regulatory Impact Assessment – [pdf file, 420kb], October 2008
eGovernment: International Best Practices – Forfas, September 2008
The Irish Economy in the Early 21st Century, National Economic Social Council (NESC) Report [pdf file, 1.56mb], July 2008
UK Department for Business, Enterprise and Regulatory Reform has launched a Public Consultation on UK plans to implement the Services Directive, 8 November 2007
Undeclared Work in the European Union - Eurobarometer Survey [pdf file, 1.07mb], October 2007
The European University Institute in Florence published a paper – Setting the Scene: How did Services get to Bolkestein and Why? – July 2007
UK Department for Business, Enterprise and Regulatory Reform published a report on the Services Directive Point of Single Contact, 11 June 2007
OECD Economics Dept Working Paper 449 – The EU’s Single Market: At your service? - [pdf file, 190kb]
Irish Times article – Firms 'risk losing' immigrant staff to other EU States, 27 April 2007
Irish Times article – Census belies inflated view of immigrant level, 7 April 2007
Irish Times article – A Sector that really does the State a Service, 23 March 2007
Services trade and domestic regulation - OECD Trade Policy Working Paper No. 49, 14 February 2007
Sunday Tribune article – Economy still demanding workers, 7 Jan 2007.
Irish Times article – Lack of displacement by foreign workers, 6 Jan 2007.
Irish Times article – Irish-owned exporters increase sales, 5 Jan 2007.
Irish Times article – More companies hiring temporary and contract workers, 5 Jan 2007.
Business Services, Trade and Costs - OECD Trade Policy Working Paper No. 46, 13 December 2006
Business attitudes towards cross-border sales and consumer protection – Summary Eurobarometer Survey [pdf file, 598kb], December 2006
Business attitudes towards cross-border sales and consumer protection – Analytical Report Eurobarometer Survey [pdf file, 598kb], December 2006
Irish Times article – Immigration has been all gain for the State.
Dynamic Gains from Trade – OECD Trade Policy Working Paper No 43, 24 November 2006
Economic and Social Research Institute study, 7 November 2006 – Migrants Experience of Racism and Discrimination – This study reports the results of a survey conducted in Summer 2005 to assess the prevalence and degree of discrimination reported by recent migrants.
Economic and Social Research Institute study, November 2006, Immigrants in a booming economy: Analysing their Earnings and Welfare Dependence.
Immigration study, 1 November 2006, by the National Action Plan Against Racism (NPAR), which seeks to develop reasonable and common sense measures to accommodate cultural diversity in Ireland.
Economic and Social Research Institute Quarterly Economic Commentary, Autumn 2006 - Summary – 3/10/2006
Ireland on Sunday (IoS) article on the draft Services Directive, 1 October 2006
Services Innovation in Ireland - Options for Innovation Policy – Forfas Report 28/09/2006 – 'The services sector in Ireland, in common with other OECD economies, constitutes an increasing proportion of value-added reaching almost 60% in 2004. Innovation is a key driver in developing the services economy. This report presents a set of options which serve to stimulate debate on how best to support innovation in services. Companies and stakeholders are invited to provide feedback on these conclusions'.
Migration Policy, National Economic and Social Council, Report No. 115, September 2006.
Managing Migration in Ireland: A Social and Economic Analysis, a Report by the International Organisation for Migration for the National Economic and Social Council, Report No. 116, September 2006.
Consumer Protection in the Internal Market – Eurobarometer Survey [pdf file, 7.21mb], September 2006
Internal market: Opinion and experiences of Businesses in the 10 New Member States – Eurobarometer Survey [pdf file, 639kb], September 2006
Deutsche Bank article on the proposed Directive.
The American Institute for Contemporary German Studies, John Hopkins University issued a report on the proposed Directive – The EU Services Directive: Nightmare or Opportunity? Implications for Transatlantic Business (pdf file, 1027kb)
The Economic and Social Research Institute (ESRI) has published a report, Freedom of Movement for Workers from Central and Eastern Europe: Experiences in Ireland and Sweden (pdf document, 395kb).
A study for Allied Irish Banks - Non-national workers in the Irish economy (pdf file, 166kb) - sets out the data on the role of non-national workers in Ireland.
Central Bank Quarterly Report, No. 1 of 2006 (pdf file, 346kb), calls, inter alia, for more competition in the services sector.
FAS Quarterly Labour Market Commentary 2006, First Quarter 2006 (pdf document, 426kb)
Offshore outsourcing: the implications for Ireland - Irish Congress of Trade Unions (ICTU) report Spring 2006 (pdf file, 290kb)
EU Commission Report on the Functioning of the Transitional Arrangements set out in the 2003 Accession Treaty (period 1 May 2004–30 April 2006), 8 February 2006
Deepening the Lisbon Agenda: Studies on Productivity, Services and Technologies by Fritz Breuss, Harald Badinger, study commissioned by the Federal Ministry of Economics and Labour of Austria, December 2005.
The French Minister for European Affairs, Madame Catherine Colonna, addressed the Institute of European Affairs, Dublin, on 12th September 2005 in a speech entitled "The Economic and Social Modernization of European Countries".
Price Waterhouse Coopers produced a study for the DTI on the Impact of the proposed EU Directive on Services in the Internal Market: case studies of UK businesses (September 2005) (pdf document, 949kb). The study was undertaken on the original proposal.
The Director General of the Confederation of British Industry, Mr. D. Jones, wrote an article in the Centre for European Reform (CER) Bulletin, Issue 42, June/July 2005 entitled Unshackling services is the key to Europe's economic future (word document, 25kb).
UK House of Lords EU Select Committee Report on the draft Services Directive, 21 July 2005 (pdf document, 3700kb). The report was based on the original proposal.
A study undertaken by Forfas found that the Services Directive would help the EU become the base for a wide range of internationally traded services to the rest of the world. This would be achieved by EU companies developing a scale and expertise through greater trade with the EU market, which would subsequently afford them greater opportunities in non-EU countries, such as the US. This is very much in line with the Lisbon agenda and reflects the significance attached to the Directive in the context of Lisbon.
A substantial benefit, to Ireland, would arise from the opening of European markets to Irish service providers. This was a key theme in the Enterprise Strategy Group Report (the O'Driscoll Report). Potential growth sectors identified in the O'Driscoll Report which would benefit from the implementation of the Services Directive include:
- private education;
- intellectual property;
- international sales and marketing;
- supply chain management;
- professional and consultancy services.
Report on the draft Services Directive by the Netherlands Social and Economic Council (SER) (this will take you to the SER website - http://www.ser.nl - click the back button to return). The report was based on the original proposal.
The OECD has published a report entitled Growth in Services: Fostering Employment, Productivity and Innovation (pdf document, 300kb). It encourages policy makers to, inter alia:
- • Open domestic services markets to create new job opportunities and foster innovation and productivity.
- • Take unilateral and multilateral steps to open international markets to trade and investment in services
- • Reform labour markets to enable employment creation and adjustment to a growing services economy.
The OECD's Economic Survey of the Euro Area 2005: Integrating Services Markets covers, inter alia, the draft Services Directive, the links between the draft Directive and the Posting of Workers Directive and the draft Gebhardt Report.
A study conducted by the Netherlands Bureau for Economic Policy Analysis (CPB) concluded that bilateral trade and foreign direct investment in commercial services might increase by between 15% to 35% due to recent EU proposals to reduce the differences in national rules for business services, including the original draft Directive on Services in the Internal Market. The study also concluded that the real burden of regulation results from the differences in legislation between Member States, as service providers have to comply with different rules each time they enter a new market. The different sets of national regulations increase trade and investment costs which are often independent of firm size. A further study by CPB (September 2005) indicates that the degree of regulatory heterogeneity is inversely related to the level of bilateral service trade.
A study by Copenhagen Economics, on the Economic Assessment of the Barriers to the Internal Market for Services concludes that the original draft Directive would create up to 600,000 jobs, raise productivity and reduce prices for consumers. The study argues that many fears linked to the proposal are not well founded. Its overall finding is that the draft Directive would yield significant economic gains to all Member States. Competition in the EU would grow by ¤37 billion and value added would increase by ¤33 billion. The analysis includes approximately 2/3 of the economic activity covered by the Services Directive, and may, therefore, underestimate its economic effects.
Copenhagen Economics undertook a study for the Department of Trade and Industry (DTI) in the UK, on the economic importance of the country of origin principle in the original draft Services Directive. There is also a summary of the study (these links will take you to the DTI website - http://www.dti.gov.uk - click the back button to return)
Services Trade Liberalisation: Identifying Opportunities and Gains - OECD Trade Policy Working Paper No. 1, 6 February 2004
ESRI 2004 Annual School Leavers' Survey of 2002/2003 school leavers (pdf file, 500kb).
Growth Through Globalisation – The Danish Growth Strategy, January 2004
Economic Studies undertaken on the impact of the initial EU Commission proposal of January 2004
Growth challenges for the Dutch business services industry - International comparison and policy issues [pdf file, 1mb], April 2002
Mulitilateral Liberalisation of Services Trade – Productivity Commission of Australia Staff Research Paper, March 2000.
Link to the consultation document on transposing the Directive in Ireland
Developments (prior to the adoption of the Directive) at national level and in the Council, the European Parliament and the Commission
National Level
13 October 2010 The Minister for Enterprise, Trade and Innovation answered a question from Deputy Jan O’Sullivan 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.
23 February 2010 The Tanaiste and Minister for Enterprise, Trade and Employment answered a question from Deputy Joe Costello on the Services Directive
5 February 2010 Transposition of the Services Directive
2 February 2010 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:
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
The Minister for Enterprise, Trade and Employment answered a Parliamentary Question on the draft Services Directive on 11 October 2006.
The Minister for Enterprise, Trade and Employment gave a speech to the Institute of European Affairs, Brussels, 29th May 2006.
The Minister for Enterprise, Trade and Employment answered a Parliamentary Question on the draft Services Directive on 17 May 2006.
The Minister of State for Labour Affairs at the Department of Enterprise, Trade and Employment addressed the annual conference of the National Recruitment Federation on 6th April 2006.
The Minister for Enterprise, Trade and Employment answered a Parliamentary Question (opens up new website) on the draft Services Directive on 23 March 2006.
Report of a SIPTU seminar (opens up new website) on the Services Directive on 10 March 2006 in Cork
Link to press release (opens up new website) of the European Anti-Poverty Network (EAPN) Ireland.
The Minister issued a press release on 16th February 2006 following the completion of the European Parliament's first reading.
The Minister for Enterprise, Trade and Employment answered Parliamentary Questions on the draft Directive on 7 February 2006.
The Services Directive was also part of a debate in the Seanad (Senate) on Employment issues on the 25th January 2006.
The Services Directive was subject to a debate in the Dail (word document, 900kb) on the 25th and 26th of January 2006.
Mr. T. Kitt, T.D., Government Chief Whip and Minister of State at the Department of the Taoiseach, addressed a seminar on the draft Services Directive organised by SIPTU in Liberty Hall, Dublin on 13 January 2006. The other speakers were Mr. Jack O'Connor, General President, SIPTU, Mr. Tony Collins, BL and Mr. Proinsias De Rossa, MEP.
The Minister for Enterprise, Trade and Employment answered a Parliamentary Question on the country of origin aspects of the draft Directive, on the 6th December 2005.
The Taoiseach, Mr. Bertie Ahern, T.D., outlined his views on the future of Europe in a speech at the recent Conference on: 'The Future of Europe : Uniting Visions, Values and Citizens' organised by the Jesuit Centre for Faith and Justice in Croke Park Conference Centre, on Tuesday, 27 September, 2005.
The Minister for Enterprise, Trade and Employment answered a Parliamentary Question on the draft Directive, on the 18th April 2005.
The Consumer Policy Section of the Department of Enterprise, Trade and Employment has produced a paper looking for a definition of consumer to be included in the draft Directive.
On 2nd March 2005, the Department of Enterprise, Trade and Employment made a presentation on the draft Directive to the Joint Oireachtas [Parliamentary] Committee on Enterprise and Small Business.
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].
The draft Directive commenced its passage through the relevant Working Party of the Council in February 2004, under the Irish Presidency. Discussions continued at Working Party level under the Netherlands, Luxembourg, UK, Austrian and Finnish Presidencies.
Information note from the EU Commission on the transposition of the Services Directive, which was on the agenda of the Competitiveness Council, 29-30 May, under “any other business” [pdf document, 133kb].
4th eGovernment Ministerial Conference – Lisbon Declaration, 19 September 2007 [pdf document, 229kb]
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)
Council Secretariat Press Release - Services in the internal market: The Council proceeds to its final adoption, 11 December 2006.
The Services Directive was adopted at the Transport, Telecommunications and Energy Council meeting – see page 33 (pdf document, 307kb), 11 December 2006.
Press Release from Finnish Presidency on the European Parliament's vote on the Directive, 15 November 2006.
Council Secretariat Press Release following adoption of Common Position on the Services Directive (pdf document, 133kb).
Competitiveness Council 24 July 2006 – Council Secretariat Press Release (pdf document, 235kb).
Common Position text (opens up new website), adopted by the Competitiveness Council, 24 July 2006.
Council Secretariat report of 29/30 May 2006 meeting of the Competitiveness Council (pdf document, 235kb).
News alert from 29th May, 2006 Council.
Press release from the Austrian Presidency following the Informal Competitiveness Council at Graz, Austria, 22nd April 2006.
The Chairman of the Competitiveness Council welcomed the Commission's amended proposal on 4th April 2006.
Brussels European Council 23/24 March 2006 - Presidency Conclusions (opens up new website).
Bartenstein welcomes agreement in European Parliament on Services Directive
Council Secretariat Press Release - UK Presidency conclusions 15/16 December 2005
Council Secretariat Press Release of the 28th/29th November 2005 meeting of the Competitiveness Council (see page 26) (pdf document, 284kb).
The Competitiveness Council discussed the draft Directive at its meeting on the 6th and 7th of June 2005 (word document, 23kb).
The Directive on the recognition of professional qualifications was adopted on 6th June 2005.
Council Secretariat Press Release of the 6th/7th June 2005 meeting of the Competitiveness Council (see page 8) (pdf document, 243kb).
(EU) EU/COMPETITIVENESS COUNCIL: Council continues work on "services" directive in spirit of March European Council, 6 June 2005 (word document, 29kb).
Parliament
The draft Directive was subject to co-decision with the European Parliament. The relevant committee of the Parliament is the Committee on the Internal Market and Consumer Protection (IMCO). The Parliament held a Hearing on the draft Directive on 11th November 2004. The relevant Committee of the Parliament is the Committee of the Internal Market and Consumer Protection (IMCO). The lead Rapporteur is Mrs. Evelyne Gebhardt. The Parliament's First Reading is expected early in 2006. IMCO debated an initial draft report (word document, 135kb) on the proposal by the Rapporteur on 19th April 2005 and a full draft report (word document, 400kb) by the Rapporteur on 24th May 2005. Mrs Gebhardt has also produced four documents of further amendments to her draft report, as follows:
- Amendments 152-426 (pdf document, 881kb)
- Amendments 427-746 (pdf document, 631kb)
- Amendments 747-941 (pdf document, 616kb)
-
Amendments
942-1154 (pdf document 621kb)
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)
Amendments to the Common Position tabled for the European Parliament Plenary session, 15 November 2006. Amendments 40-42 were adopted by the Parliament.
European Parliament press release – Internal Market Committee backs Council text – 24 October 2006
Draft IMCO amendments to the Common Position
European Parliament consolidated text (opens up new website), this page also contains some frequently asked questions.
Provisional version (opens up new website), of the European Parliament outcome of the vote on the Services Directive of 16 February 2006.
Reaction from Commissioner McCreevy to the European Parliament's first reading on 16th February 2006.
The Group of the European People's Party (Christian Democrats) and European Democrats (EPP-ED) proposal for an internal market clause in the Services Directive (word document, 20kb).
Agence Europe Report on Commissioner McCreevy's appearance before the Internal Market and Consumer Protection (IMCO) Committee, 13th June 2005 (word document, 24kb).
Ten European Parliament Committees have delivered final Opinions on the proposal, as follows:
- Internal market and Consumer Protection Committee (IMCO) - Final Report (pdf document, 1.08mb)
- The Employment and Social Affairs Committee (pdf document, 376kb)
- The Committee on the Environment, Public Health and Food Safety (pdf document, 300kb)
- The Committee on Industry, Research and Energy (pdf document, 225kb)
- The Committee on Economic and Monetary Affairs (word document, 130kb)
- The Committee on Culture and Education (pdf document, 190kb)
- The Committee on Women's Rights and Gender Equality (pdf document, 134kb)
- The Committee on Budgetary Control (word document, 90kb)
- The Legal Affairs Committee (pdf document, 249kb)
-
The
Committee on Petitions (pdf document, 140kb)
The Euractiv.com website indicates that there has been a mixed reaction (opens up new website), to the IMCO vote on the draft Directive.
Final report by the Internal market and Consumer Protection Committee (IMCO) of the European Parliament, dated 15 December 2005, on the draft Services Directive (PDFdocument, 1.08mb).
The latest version of the Compromise Amendments (opens up new website), document as posted on the European Parliament website 22 November 2005.
Commission
7 September 2010 President Barroso’s State of the Union 2010 address to the European Parliament.
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.
The original proposal can be downloaded from this link: http://europa.eu.int/eur-lex/lex/LexUriServ/LexUriServ.do?uri=CELEX:52004PC0002:EN:NOT.
The Commission have published a document, “Quality of services – the role of European codes of conduct”, 19 December 2007. Unfortunately this document is only available in French at the moment.
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.
Commissioner McCreevy's speech on the Regulated Professions and the Services Directive, Dublin, 24 November 2006.
Commissioner McCreevy’s Statement on the vote in the European Parliament on the Services Directive, 15 November 2006
Commissioner McCreevy's speech to the Internal Market Committee (IMCO) on the Services Directive, 23 October 2006.
The Benefits of the Single Market – Commissioner McCreevy's speech to a conference organised by ANO pro Evropu, Prague 13 October 2006.
Commission Communication to the European Parliament on the Common Position adopted by the Competitiveness Council on 24 July 2006.
Commissioner McCreevy's Annual Policy Strategy address to the Internal Market Committee (IMCO) at the European Parliament, 20 June, 2006.
Commissioner McCreevy's speech on Reviewing the Single Market, 8 June 2006.
Commissioner McCreevy's interview with The Irish Times, June 3rd, 2006.
Commission Communication on Social Services of General Interest.
Eurociett Press Release (pdf document, 152kb) on the Commission's amended proposal, 4th April 2006.
Commission Communication (pdf document, 185kb), on Guidance on the posting of workers in the framework of the provision of services , 4th April 2006.
Amended version of the Commission's proposal for a Directive on services in the Internal Market, 4th April 2006.
Frequently Asked Questions on the Commission's amended proposal, 4th April 2006.
Commission Press Release on its amended proposal, 4th April 2006.
Commissioner McCreevy's remarks to the European Parliament on the amended Commission proposal, 4th April 2006.
Commissioner McCreevy's remarks at the National Forum on Europe, Dublin, 23 February 2006.
Commissioner McCreevy's remarks to the European Economic and Social Committee, 21 February 2006.
Reaction from Commissioner McCreevy to the European Parliament's first reading on 16th February 2006.
Mr Jose Manuel Barroso, President of the European Commission - remarks on the programme of the Austrian Presidency of the European Union made at the Plenary Session of the European Parliament, Strasbourg, 18 January 2006.
Commissioner McCreevy's speech at the German-Irish Chamber of Commerce, Dublin, 9 December 2005 - Making the Most of the Internal Market.
Commissioner McCreevy addressed the Institute of European Affairs, Dublin on 14 October 2005, in a speech entitled, - The Future of Europe: Are We Asking the Right Questions? - (pdf document, 233 kb).
Commissioner McCreevy's speech at the informal Competitiveness Council in Cardiff, 12 July 2005.
Commissioner McCreevy referred to the draft Directive in his address to IBEC's biennial lunch on 15th April 2005.
The following Committees have published reports on the draft Directive:
- The Economic and Social Committee (pdf document, 190kb)
-
The
Committee of the Regions (word document, 60kb)
Transposition and Implementation
The Services Directive (Directive 2006/123/EC on services in the internal market) was transposed in November 2010. The European Union (Provision of Services) Regulations 2010 (S.I. No. 533 of 2010) give effect to the Services Directive in Ireland, with the exception of Article 42 of the Directive, which was transposed separately by the European Communities (Court Orders for the Protection of Consumer Interests) Regulations 2010 (S.I. No. 555 of 2010).
Please find links below to copies of the regulations that transposed the Services Directive and a copy of a press release that was issued about the transposing regulations.
- European Union (Provision of Services) Regulations 2010 giving effect to Directive 2006/123/EC on services in the internal market (S.I. No. 533 of 2010), (220.93 KB)
• The European Communities (Court Orders for the protection of Consumer Interests) Regulation 2010, transposed Article 42 of the Services Directive by way of a new Statutory Instrument, (S.I. No. 555 of 2010
• Press Release on the European Union (Provision of Services) Regulations 2010, S.I. No. 533 of 2010
- Developments at National Level
- Developments in the EU Council
- Developments in the European Parliament
- Developments in the EU Commission
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
Post transposition developments at National Level
12 April 2011 The Register of competent authorities as provided for under Regulations 44 of the European Union (Provision of Services) Regulations 2010 (S.I. No 533 of 2010).
19 January 2011 The Minister for Enterprise, Trade and Innovation answered a question from Deputy Pat Rabitte on the Services Directive
2 December 2010 The Minister for Enterprise, Trade and Innovation answered a question from Deputy Bernard J Durkan on the Services Directive
November 2010 The Services Directive (Directive 2006/123/EC on Services in the internal market) was transposed in November 2010 in Ireland by the following regulations.
- European Union (Provision of Services) Regulations 2010 giving effect to Directive 2006/123/EC on services in the internal market (S.I.533 of 2010), (220.93 KB)
• The European Communities (Court Orders for the protection of Consumer Interests) Regulation 2010, transposed Article 42 of the Services Directive by way of a new Statutory Instrument, (S.I. 555 of 2010 )
Post transposition developments in the EU Council
10 March 2011Council conclusions on a better functioning Single Market for services- (mutual evaluation process of the Services Directive) at the 10 March meeting of the Competitiveness Council (pdf document, 1.4kb)
10 December 2010 Information note from the EU Commission on the state of implementation of the Services Directive for the 10th December 2010 meeting of the Competiveness Council (pdf document, 40.18kb)
Post transposition developments in the European Commission
25 February 2011Commission Decision establishing minimum requirements for the cross-border processing of documents signed electronically by competent authorities under Directive 2006/123/EC of the European Parliament and of the Council on services in the internal market
Post transposition developments in the European Parliament
Further information is available below on the professional qualifications Directive for your information.
Directive on Professional Qualifications (2005/36/EC)
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:
A list of measures transposing the Directive on Professional Qualifications may be found in the links below.
-
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)
For any queries regarding the Services Directive, please contact:
Colette Reilly
Internal Market Unit,
Department of Jobs, Enterprise, and Innovation,
Kildare Street,
Dublin 2.
Telephone: +353 1 631 2153
Fax: +353 1 631 3853
Email: : Colette.Reilly@djei.ie
Last modified: 03/02/2012
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