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Public Consultation on the Services Directive

The Department of Enterprise, Trade and Employment has launched a consultation on new rules intended to make it easier for Irish companies to provide services to customers in other EU countries. The consultation focuses upon draft Regulations that will be incorporated into Irish law by the end of this year.

The objective of the Directive is to create a single market in commercial services in the EU so that businesses and consumers can take advantage of the opportunities this offers. Essentially, it aims to simplify the process and make it easier for foreign service providers to offer their services other EU countries. Ultimately, the goal is that, for example, an Irish carpenter could provide services in Germany while a French electrician could provide services in Ireland, all with a clear understanding of their rights and obligations under the free movement of services.

The Directive applies only to the providers of commercial services, thereby excluding public services such as the emergency services and the work of the Health Boards. Furthermore, it does not apply to financial services such as banking and insurance, telecoms services and transport services (amongst various others).

The draft Regulations include detailed provisions on administrative co-operation between EU countries including the creation of points of contact for service providers within Ireland. Consumer protection will be boosted as the draft Regulations stipulate certain information that must be made available to recipients by providers and provide for dispute settlement measures.

The draft Regulations also place obligations on the State to ensure the supervision of providers and the services they provide as well as setting out general rules about the right to establish, exercise or receive a service.

Interested parties may submit comments to the Department of Enterprise, Trade and Employment before 30 September 2009.