EBSA welcomes the Commissions Single Market Strategy and especially the focus on the incomplete internal market for services.
Providers of business services, and services in general, are still, despite the good intensions in the Services Directive dating back to 2006, facing numerous obstacles when conducting business across borders in the internal market.
The Directive on Notifications for Services as well as the Directive on Proportionality Tests are steps in the right direction and have potential to ensure transparency regarding the national rules on service provisions, to the benefit of companies wishing to provide services in several members states. EBSA is delighted to see the agreement on the Directive on Proportionality Tests and encourages the European Parliament and Member States to keep the ambitions in their continued negotiations on notifications.
EBSA do believe that the enforcement of the Service Directive and rules of the internal market should be improved. However, the Commission’s proposed Single Market Information Tool (SMIT) went too far and was out of proportions. It can be difficult to procure the necessary information to address breaches of internal market rules, but the Commission already has access to a host of relevant information on breaches that is currently not being addressed, for instance through the SOLVIT network. Thus it seems disproportionate to require businesses (who have not breached the rules in questions) to deliver highly sensitive information under threat of massive penalties. These penalties apply not only for not replying to the Commissions requests but also for information that is inaccurate or may be deemed misleading. EBSA therefore welcomes the rejection of the proposal in Parliament and Council.
Please read EBSAs potions paper on SMIT here: EBSA Position on SMIT