92001E1625

WRITTEN QUESTION E-1625/01

by Joachim Wuermeling (PPE-DE) to the Commission

(12 June 2001)

Subject: Commission's services initiative

In some Member States, access to and exercise of some trades and professions are still subject to state regulation. Such state regulation, the German Chimney Sweeps Act for example, provides inter alia for territorial protection and fixed fees which are higher than those for similar activities. That results in disparities in regulation within the European Union and in the partitioning off of national and regional markets.

As part of its services initiative, does the Commission intend to propose an opening up of markets in this area?

Answer given by Mr Bolkestein on behalf of the Commission

(19 July 2001)

The Communication from the Commission of 29 December 2000(1) sets out a strategy for creating an internal market for services, in order to ensure that services can move as freely from one Member State to another as they can within an individual Member State.

This strategy has a two-step approach: the first step (2001) will consist of a comprehensive, systematic identification of the barriers to free movement of services across national frontiers, irrespective of the sector involved. The second step (2002) will focus on proposals for appropriate solutions.

The analysis which the Commission is currently undertaking is therefore also concerned with restrictions on the free movement of services which may be caused by regulations concerning conditions of access to and exercise of certain professions.

As regards the German Law on Chimney Sweeps, the Commission has received a number of petitions drawing its attention to the need to analyse in detail requirements such as those arising from the German legislation on chimney sweeps, which restricts to the profession of district master chimney sweep the exercise of an activity which, in other Member States, may be carried out by professions with the same qualifications.

(1) COM(2000) 888 final.