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Analytical examination of the acquis

CHAPTER 3 – Right of Establishment and Freedom to Provide Services

Agenda for the Explanatory Screening

21-22.11.2005

 

Time

Subject

Acquis references

EC Speaker

21.XI

9.00

Opening

Leopold Maurer (DG Enlargement)

Jeroen Hooijer (DG Internal Market and Services)

21. XI

9.15 – 13.00

Mutual recognition of professional qualifications

Speakers come from DG Internal Market and Services

9.15  - 11.30

General System

  • 32005L0036

Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications  (OJ L 255, 30.09.2005, p. 22) html

 

The presentation under this directive will be structured as follows:

 

General principles and general presentation of Directive 2005/36;

Specific sectors of Directive 2005/36:

- general system;

- craftsmen;

- sectoral parts of the Directive, general points

   - pharmacists;

   - veterinarians;

   - dentists;

   - Doctors;

   - General care nurses;

   - midwives;

   - architects.

Catherine Heldmaier-Regnier

 

 

 

 

 

 

Corinne Guidicelli/
Silvia Cerchia
Nadia Costacurta/An Baeyens
An Baeyens
An Baeyens
Nadia Costacurta
Robert Pochmarski
Robert Pochmarski
João de Abreu Rocha
João de Abreu Rocha

11.00 -11.30

Time for questions

11.30 - 11.45

Coffee Break

11.45 - 13.00

Sector specific mutual recognition

Lawyers

  • 31977L0249
    Council Directive 77/249/EEC of 22 March 1977 to facilitate the effective exercise by lawyers of freedom to provide services
    (OJ L 078 26.03.1977 p. 17) html

  • 31998L0005
    Directive 98/5/EC of the European Parliament and of the Council of 16 February 1998 to facilitate practice of the profession of lawyer on a permanent basis in a Member State other than that in which the qualification was obtained
    (OJ L 077 14.03.1998 p. 36) html
     

Jean-Marie Visée

Commercial agents

  • 31986L0653
    Council Directive 86/653/EEC of 18 December 1986 on the coordination of the laws of the Member States relating to self-employed commercial agents
    Official Journal L 382 , 31/12/1986 P. 0017 - 0021
    html

Jean-Marie Visée

Transport of toxic products

  • 31974L0556
    Council Directive 74/556/EEC of 4 June 1974 laying down detailed provisions concerning transitional measures relating to activities, trade in and distribution of
    toxic products and activities entailing the professional use of such products including activities of intermediaries
    Official Journal L 307 , 18/11/1974 P. 0001 - 0004
     html

  • 31974L0557
    Council Directive 74/557/EEC of 4 June 1974 on the attainment of freedom of establishment and freedom to provide services in respect of activities of self- employed persons and of intermediaries engaging in the trade and distribution of toxic products
    Official Journal L 307 , 18/11/1974 P. 0005 – 0009
    html

Jean-Marie Visée

12.40 – 13.00

Time for questions

13.00 – 14.30

Lunch Break

21.XI

14.30 -15.30

Mutual recognition of professional qualification

Time for additional questions

15.30 – 15.45

Coffee Break

21. XI.

15.45 -

18.30

POSTAL ACQUIS

POSTAL NOTICE

31997L0067
Directive 97/67/EC of the European Parliament and of the Council of 15 December 1997 on common rules for the development of the internal market of Community postal services and the improvement of quality of service
(OJ L 015 21.01.1998 p. 14) html

31998Y0206(01)
Notice from the Commission on the application of the competition rules to the postal sector and on the assessment of certain State measures relating to postal services
Official Journal C 039 , 06/02/1998 p. 0002 – 0018
 

Regine Stoeldt

Dag Johansson

22.XI. 9.00 -13.00

Right of Establishment and freedom to provide services

EC Treaty: in particular Articles 43, 49

and case law of the European Court of Justice[1] 

Maria Teresa Fabregas Fernandez

9.00 – 10.30

Right of Establishment

  • Fields of application

  • Definition of Establishment

  • Types of establishment

  • Corollaries of the right of establishment

  • Definition of restrictions

  • Justification of restrictions

  • Legal considerations

  • Procedural guaranties in connection with restrictions

  • Specific questions

  • Specific areas

10.30 – 11.00

Time for questions

11.00 – 11.15

Coffee Break

11.15 – 13.00

Freedom to provide services

  • Definition of services

  • Restrictions to the principle of freedom to provide services

  • Specific restrictions

  • Justification of “restrictions”

  • Specific professions

  • Technical aspects

  • Extra-community aspects of the provision of services

Maria Teresa Fabregas Fernandez

13.00 – 14.30

Lunch Break

14.30 – 16.00

Time for questions

16.00 – 16.15

Coffee Break

16.15 – 18.00

Time for questions (if any further)

and closing

Closing by Leopold Maurer (DG Enlargement)

Jeroen Hooijer (DG Internal Market and Services)


 

[1] see Guide to the Case Law on Freedom of establishment and Guide to the Case Law on Freedom to provide services, issued by DG Internal Market, which can be found on the thematic website of DG Internal Market and Services (http://europa.eu.int/comm/internal_market/services/principles_en.htm). These guides have not been updated since 2001. A list of relevant judgements between 2001 - 2005 is annexed to this agenda.

 

Table listing the precise parts of Eur-Lex Directory of Community legislation in force[2] :

3

06. Right of establishment and freedom to provide services

3

06.10 Principles and conditions

3

06.20 Sectoral application

3

06.20.10 Production and processing activities

3

06.20.10.10 Agriculture

3

06.20.10.20 Other production and processing activities

3

06.20.20 Service activities

3

06.20.20.40 Real property

3

06.20.20.50 Leisure services

3

06.20.20.60 Personnel services

3

06.20.20.70 Services provided to undertakings

3

06.20.20.80 Other service activities

3

06.20.30 Business activities

3

06.20.40 Self-employed activities

3

06.20.50 Medical and paramedical activities

3

06.20.60 Other activities

Other information sources :

  • Eur-Lex search interface for documents with a Celex number (e.g.: ‘31987D0305’)

       http://europa.eu.int/eur-lex/lex/RECH_celex.do

  

  • Direct access to the Official Journal from 1998 onwards:

       http://europa.eu.int/eur-lex/lex/JOIndex.do?ihmlang=en

Relevant ECJ Cases :


[2] Some of the legal acts included in this list are likely to be treated in the “screening” of other acquis chapters. Clarification will be provided at a later stage.


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