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Document 31961X1201
General Programme for the abolition of restrictions on freedom to provide services
General Programme for the abolition of restrictions on freedom to provide services
General Programme for the abolition of restrictions on freedom to provide services
ĠU 2, 15.1.1962, p. 32–35
(DE, FR, IT, NL) Edizzjoni(jiet) speċjali oħra
(DA, EL, ES, PT)
Edizzjoni Speċjali bl-Ingliż: Serje II Volum IX P. 3 - 6
In force
15.1.1962 |
EN |
Official Journal of the European Union |
P 2/32 |
GENERAL PROGRAMME
for the abolition of restrictions on freedom to provide services
THE COUNCIL OF THE EUROPEAN ECONOMIC COMMUNITY,
Having regard to the provisions of the Treaty, and in particular Articles 63, 106 and 227(2) thereof;
Having regard to the proposal from the Commission;
Having regard to the Opinion of the Economic and Social Committee;
Having regard to the Opinion of the European Parliament,
Has adopted this General Programme for the Abolition of Restrictions on Freedom to Provide Services within the European Economic Community.
Title I: Beneficiaries
The persons entitled to benefit from the abolition of restrictions on freedom to provide services as set out in this General Programme are:
— |
nationals of Member States who are established within the Community; |
— |
companies or firms formed under the law of a Member State and having the seat prescribed by their statutes, or their centre of administration, or their main establishment situated within the Community, provided that where only that seat is situated within the Community their activity shows a real and continuous link with the economy of a Member State; such link shall not be one of nationality, whether of the members of the company or firm, or of the persons holding managerial or supervisory posts therein, or of the holders of the capital; |
subject to the condition that the service is carried out either personally by the person contracting to provide it or by one of his agencies or branches established in the Community.
Title II: Entry, exit and residence
Before the end of the second year of the second stage of the transitional period provisions laid down by law, Regulation or administrative action which in any Member State govern the entry, exit and residence of nationals of other Member States are to be amended, in particular by the abrogation of provisions having an economic purpose, where such provisions are not justified on grounds of public policy, public security or public
health and are liable to hinder the provision of services by such nationals, or by staff possessing special skills or holding positions of responsibility accompanying the person providing the services or carrying out the services on his behalf.
Title III: Restrictions
Subject to the exceptions or special provisions laid down in the Treaty, and in particular to:
— |
Article 55 concerning activities which are connected with the exercise of official authority in a Member State; |
— |
Article 56 concerning provisions on special treatment for foreign nationals on grounds of public policy, public security or public health; |
— |
Article 61, which provides that freedom to provide services in the field of transport is to be governed by the provisions of the Title relating to transport; and to |
— |
the provisions concerning the free movement of goods, capital and persons, and those concerning taxation systems; |
the following restrictions are to be eliminated in accordance with the timetable laid down under Title V, whether they affect the person providing the services directly, or indirectly through the recipient of the service or through the service itself:
A. |
Any measures which, pursuant to any provision laid down by law, Regulation or administrative action in a Member State, or as a result of the application of such a provision, or of administrative practices, prohibits or hinders the person providing services in his pursuit of an activity as a self-employed person by treating him differently from nationals of the State concerned. Such restrictive provisions and practices are in particular those which, in respect of foreign nationals only:
The like shall apply to provisions and practices which, in respect of foreign nationals only, exclude, limit or impose conditions on the power to exercise rights normally attaching to the provision of services and in particular the power:
where the professional or trade activities of the person concerned necessarily involve the exercise of such Furthermore, any requirements imposed, pursuant to any provision laid down by law, Regulation or administrative action or in consequence of any administrative practice, in respect of the provision of services are also to be regarded as restrictions where, although applicable irrespective of nationality, their effect is exclusively or principally to hinder the provision of services by foreign nationals. |
B. |
Any prohibition of, or hindrance to, the movement of the item to the supplied in the course of the service or of the materials comprising such item or of the tools, mach inery equipment and other means to be employed in the provision of the service. |
C. |
Any prohibition of, or impediment to, the transfer of the funds needed to perform the service. |
D. |
Any prohibition of, or hindrance to, payments for services, where the provision of such services between the Member States is limited only by restrictions in re spect of the payments therefor. |
However, in respect of the provisions referred to in paragraphs C and D, Member States shall retain the right to verify the nature and genuineness of transfer of funds and of payments and to take all necessary measures in order to prevent contravention of their laws and regulations, in particular as regards the issue of foreign currency to tourists.
Title IV: Equality of treatment between nationals of Member States
Until restrictions have been abolished, each Member State shall apply them in such a way as to accord to all beneficiaries falling within Title I, without distinction on grounds of nationality or residence, the most favourable treatment accorded under existing practices and bilateral or multilateral agreements, other than those establishing regional unions between Belgium, Luxembourg and the Netherlands.
Title V: Timetable
The effective abolition of restrictions in respect of freedom to provide services shall take place according to the following timetable:
A. |
ITEM TO BE SUPPLIED, MATERIALS COMPRISING THAT ITEM AND MEANS TO BE EMPLOYED IN THE PROVISION OF THE SERVICE The restrictions specified in Title III (B) shall be abolished before the end of the first stage. |
B. |
TRANSFER OF FUNDS, PAYMENT The restrictions specified in Title III (C) and (D) shall be abolished before the end of the first stage. However, limits on foreign currency allowances for tourists may be maintained in force during the transitional period, but they are to be progressively raised from the end of the first stage. |
C. |
OTHER RESTRICTIONS The remaining restrictions specified in Title III on freedom to provide services are to be abolished at the latest during the operation of the timetable for freedom of establishment. However, as regards the activities therein specified, the following timetable shall apply:
|
Title VI: Mutual recognition of diplomas and other evidence of formal qualifications — coordination
Subject to Article 57 (3) of the Treaty and to Title V of this General Programme, when Directives implementing
the General Programme for each kind of provision of services are being drawn up, it shall at the same time be examined whether the lifting of restrictions on freedom to provide services should be preceded, accompanied or followed by the mutual recognition of diplomas, certificates and other evidence of formal qualifications, or by the coordination of provisions laid down by law, Regulation or administrative action in respect of the provision of such services.
Pending such mutual recognition of diplomas, or such coordination, and in order to facilitate the provision of services and to avoid distortions, a transitional system may be applied; such system may where appropriate include provision for the production of a certificate establishing that the activity in question was actually and lawfully carried on in the country of origin.
The duration and details of this transitional system shall be settled when the Directives are drawn up.
Done at Brussels, 18 December 1961.
For the Council
The President
Ludwig ERHARD