The Services Directive provides that authorisation schemes and certain types of requirements related to services must be non-discriminatory, proportionate and justified by an overriding reason related to the public interest. To make sure that new measures imposed by MS actually fulfil these conditions, the Services Directive provides that MS shall notify to the Commission new or changed authorisation schemes. According to the Commission, this current notification procedure is not always effective. The Commission therefore presents a legislative instrument modernising the current procedure.
– Notification obligation: MS shall notify to the Commission any draft measure that introduces new or modify existing requirements or authorisation schemes. MS have to notify authorisation schemes, certain establishment requirements, certain requirements affecting the freedom to provide services and requirements concerning professional liability insurance and multidisciplinary activities.
– Consultation, alert and Decision: the proposal establishes a consultation period of 3 months following the notification of a draft measure. The Commission and other MS have a maximum of 2 months to comment on a notified measure, followed by a maximum of 1 month for the notifying MS to respond to such comments. The Commission may issue an alert to the notifying MS signalling that after assessing the notified measure, it has developed concerns about its compliance with the Services Directive. The issuing of an alert implies that the MS concerned shall not adopt the notified measure in question for 3 months. After an alert has been issued, the Commission may adopt a legally binding Decision finding the notified measure to be incompatible with the Services Directive and requesting the notifying MS to refrain from adopting it.