Amended proposal for a Directive of the European Parliament and of the Council on Services in the internal market

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1.

Tekst

Delegations will find in Annex a number of Presidency compromise proposals to be discussed at the Coreper meeting on 17 May 2006.

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ANNEX

Criminal law

Article 1(5)

This Directive does not affect Member States' rules of criminal law. Member States may not

circumvent the rules laid down in this Directive and restrict the freedom to provide services by

applying criminal law provisions which specifically regulate or affect access to or exercise of a

service activity.

Recital (6e)

This Directive aims at creating a legal framework to ensure the freedom of establishment and the

free movement of services between the Member States and does not harmonise or prejudice

criminal law. General rules of criminal law which apply to private individuals in the same way as

to service providers carrying out their economic activity are not affected by this Directive.

Therefore, rules of criminal law will generally not be affected by this Directive. However, it should

not be possible for a Member State to circumvent the rules laid down in this Directive and to

restrict the freedom to provide services by applying criminal law provisions which specifically

affect the access to or the exercise of a service activity.

Fundamental Rights

Article 1(7)

This Directive does not affect the exercise of fundamental rights as recognised in the Member states

and in Community Law by the charter of Fundamental rights of the European Union, including the

right to negotiate conclude and enforce collective agreements and to take industrial action

Audiovisual services

Article 2(2)(cd)

audiovisual services, whatever their mode of production, distribution and transmission, including

within cinemas and via radio broadcasting and the cinemas;

Relationship with other provisions of Community law

Article 3

  • 1. 
    If the provisions of this Directive conflict with a provision of another Community act governing specific aspects of access to or exercise of a service activity in specific sectors or for

specific professions, the provision of the other Community act shall prevail and shall apply to those

specific sectors or professions. These include:

  • a) 
    Directive 96/71/EC of the European Parliament and the Council concerning the posting of

1

workers in the framework of the provision of services ;

  • b) 
    Council Regulation (EEC) No 1408/71 on the application of social security schemes to employed

2

persons, to self-employed persons and members of their families moving within the Community ; 3

  • c) 
    Council Directive 89/552/EEC concerning the pursuit of television broadcasting activities ; 4
  • d) 
    Directive 2005/36/EC of the European Parliament and the Council concerning the recognition of professional qualifications.
  • 2. 
    This Directive does not affect rules of private international law, in particular rules governing the law applicable to contractual and non-contractual obligations. As a consequence, consumers

will, in principle, including those which guarantee that consumers will benefit from the protection

granted to them by the consumer protection rules laid down in the consumer legislation in force in

his their Member State.

  • 3. 
    Member States shall apply the provisions of this Directive in compliance with the rules of the Treaty on the right of establishment and the free movement of services.

Recital (13)

There is already a considerable body of Community law on service activities. which this This

Directive builds on, and thus complements, the Community acquis. To the extent that there is no

conflict between this Directive and provisions of other Community legal instruments, this

Directive applies in addition to these other instruments. Conflicts between this Directive and other

1 OJ L 18, 21.1.1997, p. 1.

2 OJ L 149, 5.7.1971, p. 2, as last amended by Regulation (EC) 647/2005 (OJ L 117, 4.5.2005, p. 1). 3 OJ L 298, 17.10.1998, p. 23, as last amended by Directive 97/36/EC (OJ L 202, 30.7.1997, p. 60). 4 OJ L 255, 30.9.2005, p. 22.

Community instruments have been identified and are provided for in this Directive, including by

means of derogations. However, it is necessary to provide a rule for any residual and exceptional

cases where there is a conflict between a provision of this Directive and a provision of another

Community instrument. The existence of such a conflict should be determined in compliance with

the rules of the Treaty on the right of establishment and the free movement of services. A conflict

between a provision of the Directive and a future Community instrument should be avoided in the

drafting and negotiation of such an instrument.

Screening process

Article 41 (5) (new)

By (date of transposition*) at the latest, and on a yearly basis thereafter, Member States shall

present a report to the Commission containing national requirements whose application could

fall under Article 16 (1) third sub-paragraph and Article 16 (3) first sentence. The Commission

shall publish the list of the notified provisions.

The Commission shall, by (one year after the date of transposition*) provide guidance on the

application of these provisions in the context of this Directive.

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2.

Originele weergave

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