SERVICE STANDARDS

Directive on Services in the Internal Market

The key aims of the Directive (No 2006/123) are

(a) to make it easier for service providers to trade in another EU Member State by removing unnecessary regulation and bureaucracy;
(b) to facilitate service providers setting up temporarily in other States, to test the water, by cutting the rules with which they must comply;
(c) easing the administrative burden by obliging States to set up one-stop shops where businesses can complete forms etc. online; and
(d) better communication and mutual assistance between Member States to supervise temporary service providers. The European Parliament agreed the Directive on 15 November 2006 and it was published in the Official Journal on 27 December, meaning it came into force on 28 December 2006. Member States must transpose it by 28 December 2009.

The country of origin principle (whereby service providers could provide services in other states but only comply with the laws of their own state) has been replaced with the notion of the freedom to provide services.

• Member States will be required to respect service providers' rights to provide a service in a Member State other than that in which they are established. Service providers must receive free access to and enjoy free exercise of a service activity in any territory.
• There will be a limit on the requirements that a Member State can impose on temporary service providers. Any requirement must be non-discriminatory, necessary and proportional. Necessary is defined as justified for reasons of public policy, public health, public security or the protection of the environment.

ABTA’s Position

ABTA would be concerned if the standard of protection offered to consumers was reduced. ABTA has responded on this matter directly and has contributed to the response from the Confederation of British Industry (CBI).  ABTA has consistently kept up to date with Department for Business, Enterprise & Regulatory Reform (BERR) work on the Directive. Periodic advice has been issued to Members on progress and timetable and a full advice note is available on the website.

If the Directive reduces the current national barriers imposed on tourist guides (a perennial problem), it could be beneficial.

Last updated: 30 June 2009