In view of the next Competitiveness meeting of the European Council, during which the revised proposal for a Directive “Services in the internal market” will be discussed, John Monks, General Secretary of the European Trade Union Confederation (ETUC) and Rainer Plassmann, General Secretary of the European Centre of Entreprises with Public Participation (CEEP), ask the Council to go beyond the logic of sectoral exemption that has prevailed until now in their work and to discuss the key principles of such a proposal for a Directive.

John Monks and Rainer Plassmann fully support the aim to establish an internal market for services, however we remain concerned about preserving the “acquis communautaire” regarding legislation concerning labour, consumer protection and services of general interest. We ask you to have a pragmatic and well-balanced approach that reconciles the achievement of the internal market of services and the respect for the rights of employees, consumers and European citizens, whilst taking into account the diversity of the services concerned and the specificity of services of general interest.

The ETUC and the CEEP call for a well-balanced approach:

1. An in-depth debate on the general application of the principle of country of origin to all services, and its impact, notably when, contrary to certain sectoral directives, the implementation of the principle of country of origin is not based on previous harmonisation. Moreover, that principle interferes with the Convention of Rome (I) and the draft regulation (‘Rome II’) as well as with the “acquis communautaire” in many fields concerning for example the rights of employees and consumers, and services of general interest. We disagree with the logic of primacy of the internal market over those other elements of Community law, and ask you to propose to the Council to carry out a general impact assessment on that legal revolution in the European Union.

2. An amendment of the terms of the proposal for a Directive that can interfere with the rights of the employees resulting from the full implementation of the existing directives and those in preparation, notably concerning the posting of workers, professional qualifications, temporary work and the social part of the rules ‘ Rome I and II ’. We find your proposals for clarification insufficient; they do not guarantee the preservation of the “acquis communautaire” in social matters that aims for an upward harmonisation in relation to the Lisbon.

3. A proposal to adapt the way services of general interest are dealt with in appliance with its public service obligations that guarantee that their missions are properly carried out, the affordability, the quality and the sustainability of those services.

As social partners of the European Union, both General Secretaries share the concerns and the questions expressed by numerous experts during the hearing of the Parliament which was held on 11th November, 2004. Those questions stress the fact that much attention must be given to the impact of this proposal for a directive prepared in haste and without preliminary consultation. The stakes in terms of job creation, social welfare, health and more generally preservation of the European social model are such that it is necessary to devote more time to preliminary evaluation and consultation in view of rebalancing the text.