SERVICES DIRECTIVE : SURVEY: 18 MEMBER STATES FAIL ON IMPLEMENTATION.

A new survey by Eurochambres of its member chambers of commerce indicates that only nine out of the 27 EU member states have so far complied fully with the Services Directive. Implementation in the remaining 18 countries is either "average" or downright "unsatisfactory," according to the association. The deadline for implementation was 28 December 2009. The survey points to shortcomings concerning both legislative screening (of whether existing national regulations constitute barriers) and slow establishment of key points of single contact (PSCs) to facilitate entry of non-national companies on home markets.

INFRINGEMENT PROCEDURES

Speaking at the presentation of the Eurochambres report, an official promised that the European Commission will put pressure on member states, including infringement procedures "when required". "We are not going to shy away," said the official. The Commission also hopes that further pressure will come from member states in the Council itself. Both the Ecofin, in February, and the Competitiveness Council, in March, will examine the issue of implementation of the Services Directive. On 27 April, the European Parliament, too, will meet with national parliaments to discuss the legal and technical challenges of implementation. "Political engagement by member states is key to implementation of the directive," noted Malcolm Harbour (ECR, UK).

Implementation problems had been signalled before. In an exclusive interview with Europolitics Monthly, Evelyne Gebhardt (S&D, Germany) accused member states of "not doing what they should" to ensure timely implementation. Gebhart, the Parliament's rapporteur in 2005 and 2006, also accused some member states of misusing the process of implementation to push through further liberalisation and deregulation.

The previous six-monthly Eurochambres survey, published in July 2009, also indicated significant worries as to the member states' ability and willingness to comply. Then some 40% of the European national chambers of commerce surveyed did not think their country will have fully implemented the directive by the deadline. As with the current survey, difficulties identified by Eurochambres included incomplete legislative screening in many countries and late operational implementation of PSCs.

FAULTY SCREENING PROCESS

In terms of legislation, the Eurochambres report further notes that around half of the member states have not yet finalised the so-called screening process. Even in...