On 10 January 2017, as part of the services economy package, the European Commission adopted its proposal for a reformed procedure. The proposed new instrument is a self-standing directive implementing the existing Services Directive without modifying its substance.
It introduces an obligation to notify measures at least three months before final adoption. Substantive subsequent amendments of a notified measure require a new notification. The scope has been widened by adding authorisation schemes, professional liability insurance, guarantees or similar arrangements, and multi-disciplinary restrictions. The process has also been modified, with a three month consultation period after notification (Commission and Member States have two months to comment, and the notifying part has a month to respond). If the concerns over compliance persist the Commission may issue an alert implying that the measure cannot be adopted for another three months. After the alert the Commission may adopt a legally binding decision on non-compliance which requests the Member State not to adopt the measure in question. Furthermore, the proposal requires that notification provides information sufficient to assess compliance (in particular on proportionality) and allows third parties access to notified draft measures, accompanying information and the final adopted measures.
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