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Annex I: Country Specific Recommendations

33 Business services activities range from legal and accounting activities to architectural and engineering services, security and investigation, cleaning services, office administration activities, rental and leasing activities, scientific research, development and IT services.

34 See Eurostat data for 2010.

35 See for further information:

http://ec,europa,eu/enterprise/policies/industrial-competitiveness/industrial-policy/hlg-business-services/index en,htm#h2-3

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Member States' regulations on the access to professions. This exercise was agreed by all Member States as part of the modernised Professional Qualifications Directive.37 Member States are therefore expected to take an active role in this transparency and mutual evaluation exercise lead by the Commission. Once completed, this exercise should lead to a modernisation and simplification of existing national regulatory environments concerning regulated professions. As a consequence, the mobility of professionals and the access to certain professional activities should be facilitated, and job creation across the Single market increased.

In the same vein, the Commission published a staff working paper on the situation in Member States on legal form and shareholding requirements in professional services.38

As explained in Section 3.1 (a), the paper presents the results of a peer review exercise made in 2012 and 2013 and invites Member States to apply more rigorous proportionality tests once it comes to reviewing national requirements based on overriding reasons of general interest.

4.2.2 Construction

Construction is also one of the most relevant sectors in economic terms (GDP share, employment, growth) and in terms of the impact of the Services Directive. Construction services represent 6.7% of EU GDP and 7.4% of EU total employment.39 In addition, construction has also received special attention in the Country Specific Recommendations of some Member States.

The results of the "performance check" in the construction sector presented in 2012 showed that the amount of regulation and the level at which construction activities are regulated, varies significantly across Member States. This may create barriers to the freedom to provide services. In addition, as underlined by the 2012 Commission Communication on sustainable construction40 and its "Construction 2020 Action Plan", one of the five key strategic objectives is to strengthen the Internal Market for construction. That includes further work on the implementation of the Services Directive and on insurance coverage cross-border.

4.2.3 Retail

Retail and wholesale services, also known as distributive trade, represent 11 % of the EU's GDP and account for almost 15% of the EU's total employment. More than 6 million companies, i.e., 29% of all EU undertakings, are active in this sector. Distributive trade, being the interface between producers and consumers is in a strategic position to drive the transition to a more sustainable economy and consumption patterns. Since retail impacts the life of

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:52013DC0676:EN:NOT http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2013:354:0132:0170:en:PDF Commission Staff Working Document of 2 October 2013 on the outcome of the peer review on legal form, shareholding and tariff requirements under the Services Directive, SWD(2013) 402 final See Eurostat data for 2010.

2012 Communication on the "Strategy for the sustainable competitiveness of the construction sector and its enterprises'" (Communication COM (2012) 433 final).

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every single European, the competitiveness of the sector is essential in order to provide consumers with high quality goods and services at affordable prices.

In order to improve the competitiveness of the retail sector, the Commission services are carrying out extensive work as announced in the European Retail Action Plan (ERAP) of 31 January 2013.41 The Action Plan sets out eleven concrete actions to be implemented in 2014, together with Member States and the relevant stakeholders. In this regard, a High level Group has been set up to discuss the effectiveness of these actions and consider possible future actions. The European Parliament adopted a Resolution on 11 December 2013 on the Retail Action Plan, the recommendations of which will feed into the further work on retail.

The essential role that retail and wholesale sectors have in stimulating growth and job creation is recognised under the Europe 2020 strategy. However, as identified in the context of the Country Specific Recommendations issued by the Council in July 2013, challenges exist in some Member States in order to improve competition in the retail sector. This includes lowering barriers to entry by easing restrictions on establishment; and more generally, reducing operational restrictions.

Restrictions on the establishment of retail outlets are important obstacles for economic operators. However, certain restrictions may pursue legitimate objectives such as environmental protection, town and country planning and consumer protection, provided that the measures in question are appropriate and proportionate.

As announced in the ERAP, the Commission services have launched a 'peer-review' exercise between Member States with the view of getting a clearer picture of the situation and identifying and disseminating best practices. Stakeholders will also be consulted through meetings and a work shop. The results of this exercise should be presented in the beginning of 2015.

5. methodology

In terms of methodology, the following already available sources of information will be used when working together with Member States:

• National reform programmes, when relevant, to be presented by Members States in April 2014 and April 2015 and related information;

• Results of the Staff Working document on the peer review on legal form, shareholding and tariffs requirements published last 2 October 2013; and on the public consultation related to cross-border insurance coverage;

• Notifications sent by Member States via EVII under the Services Directive related to cross-border and establishment requirements;

• Discussions in the framework of the Services Directive expert group (including retail and professional services) and the group of coordinators under the Professional Qualifications Directive;

COM(2013) 36 final

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• Information to be provided upon request from Commission services. 6. deliverables

The results of the work undertaken will be presented in the Annual Single Market Integration Report (ASMIR - or in a particular annex) and, to the extent relevant, in the Annual Growth Survey scheduled for 2014 and 2015.

By developing more in-depth quantitative and qualitative reporting on sectorial and national reforms concerning services, the Commission services will be able to identify possibilities for forward-looking policy priorities on which Member States would be encouraged to focus, including through a more ambitious approach towards the implementation of the Services Directive.

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Annex I: Country Specific Recommendations

Every year, the Country Specific Recommendations underline the importance of services. Some Member States are suggested to improve competition in the services sector, by removing barriers and undertaking reforms to open-up services in general or in specific sectors (such as retail or construction). Others are suggested to reform professional services to remain competitive and ensure mutual recognition and free movement of professionals across the Union.

In addition to the "programme" countries (Portugal, Greece and Cyprus) which are undertaking in-depth reforms on services and professional services, the 2013 Country Specific Recommendations recommended that twelve Member States undertake reforms in the following areas:

Improve competition and remove excessive barriers in the services sector:

Austria, Belgium, Denmark, Finland, France, Germany, Hungary, Italy, Spain

Reforms on professional services:

Austria, Belgium, Czech Republic, France (in particular LSF, quotas and territorial restrictions), Germany, Poland, Slovenia, Spain

Retail:

Belgium, Denmark, Finland, France, Germany, Hungary, Spain Construction:

Denmark, Germany (in particular crafts), Poland

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