Ministry of Economic Affairs The process of transposition in France

The Background 1. Particular context in France at the beginning of transposition A very difficult negotiation process Elections of the new president in June Specificity of the directive Very large scope Difficulties with relationship between the directive and other provisions of community law

The organization Implementation of the Services Directive took place in an Inter-ministerial Framework June 2006 : Leading role was given to the Ministry of Economic Affairs March 2007 : A government official was appointed to lead and coordinate implementation work Set up of an ad hoc 4 member-mission within the Ministry of Economy The mission relies on a network of points of contact in all relevant administrations (Ministry of Justice, Ministry of Health, Ministry of Environment, etc.)

The management of the transposition 1/2 Determination of the actors’ role  For the team: creation, animation and coordination of the “transposition project”  Ministries were responsible for their legislations and the contacts Elaboration of documents  Practical guidelines, common standards for screening, documents with the provisions of the directive  Screening questionnaire  Guidance on the substance of some articles

The management of the transposition 2/2 Organization of meetings Multilateral and bilateral meetings on a regular basis with all ministries involved Reporting To the Government

Three mains works Point of single contact IMI Screening Process

Point of single contact Centres for business formalities: existing organization of point of contact for enterprises for creation of structures delivering information delivering authorization Necessity of administrative simplification

IMI Internal Market Information system  set up by the Commission  to cooperate and exchange information  registration of competent authorities before December 2009

The Screening Obligations for Member States to review their legislations In France, screening concerned only national level Two principal stages for the screening

Screening procedure 1/2 March 2007 – December 2008 : Identification of authorisation schemes and requirements in the scope of directive Main difficulties met during the screening phase : Most of them relating to the scope of the Directive e.g. : Exclusion of services in the field of transport (article 2.2.d): Do removal companies benefit from the exclusion ? e.g. : Exclusion of social services provided by providers mandated by the State (article 2.2.j.), difficulties relating to the interpretation of “mandated” and confusion with State aid rules

Screening procedure 2/2 January–June 2009 Necessity to assess and analyse the requirements Three criteria  Non-discriminatory criteria  Overriding reasons on general interest justifying the existence of the framework  Proportionality Abolition of prohibited requirements Clarification of authorization procedures

Report to the Commission Member States have to report to the Commission on the results of their review (article 39) In France, the report was made public

Legislative changes 1/3 Implementation through sectorial modifications : Non-justified sectorial Legislations in the scope of the Directive have been modified to be in conformity with the Directive provisions Horizontal provisions of the Directive have been implemented by the Law “Réseaux consulaires” (enacted on July 2010) E.g. Administrative cooperation (articles 28-35) E.g. Rights of recipients (articles 19-22)

Legislative changes 2/3 Examples of Implementing measures « Modernisation de l’Economie » Act (August 2008 ): Provisions concern shareholding of regulated professions, commercial facilities permit, creation of an hotel « Développement et modernisation des services touristiques » Act (July 2009 ): Modernisation of tourist services

Legislative changes 3/3 ‏ « Agents sportifs » Act June 2010 The Law “Réseaux consulaires” July 2010 Provisions concern Accounting professionals, Activity of artistic agent, Private employment organisations Specific Acts for transposition of European directives (January- March 2011) Provisions concern driving school, aircraft staff (pilot, steward…), land surveyor, models agency, architects…

The future Necessity to ensure the compliance of new legislations Development of an examination procedure