EU Project – Strengthening the internal market

Brief Description of Main Deliverables/Outputs:
Provide assistance in legislative implementation and compliance assessment of national umbrella and sectorial legislation on services. Execute the second and third phase of the screening process. The specific tasks include: Carrying out a process of comprehensive screening of sectorial legislation falling under the competence of ministries in charge for Justice sector (lawyers, mediators, translators), tourism (hotels and restaurants incl. catering, travel agencies and tour operator’s services and tourist guides services), trade, medicines, medical devices, education, selected business sector falling under the scope of Directive 2006/123/EC, through falling under the scope of Directive 2006/123/EC.

Role on the Assignment

Key Expert activities performed:

1. Identified all national provisions and articles which fall under EU Services Directive (SD) all part of the screening table together with an assessment of their compatibility with SD. Priority was given to Articles 14 (prohibited requirements), 15 (Requirements to be evaluated), 16 (Freedom to provide services), 21 (Assistance for recipients), 23 (Professional liability insurance and guarantees), 24 (Commercial communications by the regulated professions), 25 (Multidisciplinary activities), but also Articles 5-8 (administrative simplification and procedures) and Art. 13 (authorisation procedures) of the EU SD.

2. Conducted consultation meetings on key legal clarifications and interpretations of different articles of the national legislation.

3. Conducted an extensive quality and legal review using three-step check of Non-discrimination – Justification – Proportionality. Each provision identified as incompatible with the SD was checked, and where discriminatory and proportionate justification was provided (for all reason mentioned in the Directive).

4. A recommended action, aiming to maintain, amend or retain the national provision in question we provided.

5. The licences were registered in respect of two main aspects: The list of licenses (relevant to the services falling under the scope of the SD) was drafted, and the professional requirements/qualifications for the listed services and activities (as prescribed in the national legislation) were identified. 6. A consolidated country screening report for the sectors described in the ToR was produced, delivered and approved.