The second day of explanatory screening in the EC in Brussels

State Secretary at the Ministry of Foreign and Internal Trade and Telecommunications Tatjana Matić thanked the representatives of the European Commission on their detailed presentations, instructions, recommendations and support.

As the Head of the negotiating group 3, Matić emphasized that their explanations greatly facilitate the preparation of the Serbian delegation for the bilateral screening meeting on March 12 and 13, 2014, where an analytical review of the level of harmonization of Serbian legislation with the EU acquis will be presented.

The second day of explanatory screening – analytical review of legislation, for negotiation chapter 3 Right of Establishment and Freedom to provide Services, was dedicated to the freedom (right) of establishment, subject to Article 49 of the Treaty on the Functioning of the European Union and the freedom to provide services, provided for by Article 54 of the Treaty on the Functioning of the European Union.

These are two of the “fundamental freedoms” that are central to the effective functioning of the internal market of the EU. The main part of the acquis in this area is the Services Directive 2006/123/EZ.

The representatives of the European Commission gave a general overview of the Directive, the legislative framework, administrative simplification, prohibited claims, cross-border provision of services and single point of contact.

The objective is to achieve progress in the creation of a true internal market for services, so in this, the largest sector of European economy, both entrepreneurs and consumers can fully realize the benefits of the conditions that the single market offers. Supporting the development of an integrated internal market for services, the Directive will contribute to achieving significant potential of the service sector in terms of economic growth and job creation. The provisions of the Directive are aimed at simplifying administrative procedures, removing barriers to service activities, and improving mutual trust between Member States and trusted service providers and consumers in the internal market. Apart from obligating Member States to take concrete legislative measures, the Directive requires that they take a series of practical measures such as the establishment of a single contact point, electronic procedures and administrative cooperation.

The Directive introduces innovative tools such as the review of national legislation and the process of mutual assessment. It should be noted that the Directive will improve the rights of recipients of services, primarily consumers, and will also provide for specific measures for developing quality of services policy across Europe.

Member States must modify national laws that restrict freedom of establishment or freedom to provide services, and which are therefore incompatible with these principles.

The principle of freedom (right) of establishment enables an economic operator (whether a person or an enterprise) to perform its economic activity in a stable and sustainable way in one or more Member States.

The principle of freedom to provide services enables an economic operator providing services in one Member State to provide services on a temporary basis in another Member State without the need of establishment.

In the section designated for questions, the members of the Serbian delegation talked with the experts of the European Commission about certain aspects of the Services Directive, European best practices, and creating a single contact point.