Self-Control Exercise on the Concept of Services in the Directive 123/2006
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The Preamble of the Directive 2006/123/EC of the European Parliament and of the Council on services in the internal market services constitute the engine of economic growth and account for % of GDP and employment in most Member States.
The aim of Directive 123/2006 on services in the internal market is to create a legal framework to ensure the freedom of
establishment and the free movement of services between the Member States. The Directive 123/2006 concerns only providers established in a Member State and does not
cover
aspects. The Directive 123/2006 does not concern negotiations within international
organisations on trade in services, in particular in the framework of the
General Agreement on Trade in Services (GATS). The Directive covers only services which are performed for an
consideration. Services of general interest are not covered by the definition in
Article 50 of the TFEU and therefore do not fall within the scope of this
Directive. Services of general economic interest are services that are performed
for an
consideration and therefore do fall within the scope of this
Directive. However, certain services of general
interest, such as those
that may exist in the field of transport, are excluded from the scope of this
Directive and certain other services of general economic interest, for example,
those that may exist in the area of postal services, are the subject of a
derogation from the provision on the freedom to provide services set out in this
Directive. Financial services are
from the scope of this Directive since
these activities are the subject of specific Union
aimed, as is
this Directive, at achieving a genuine internal market for services.
Consequently, this exclusion should cover all
services such as
banking, credit, insurance, including reinsurance, occupational or personal
pensions, securities, investment funds, payments and investment advice,
including the services listed in Annex I to Directive 2006/48/EC of the European
Parliament and of the Council of 14 June 2006 relating to the taking up and
pursuit of the business of credit institutions. In view of having adopted in 2002 a package of legislative instruments relating
to electronic communications networks and services, as well as to associated
resources and services, which has established a regulatory framework
facilitating access to those activities within the internal market, notably
through the elimination of most individual authorization schemes, it is
necessary to
issues dealt with by those instruments from the scope of
the Directive 123/2006. Also matters of
electronic communications services as covered by Directives 2002/19/EC
of the European Parliament and of the Council of 7 March 2002 on access
to, and interconnection of, electronic communications networks and
associated facilities; transport services, including urban transport,
taxis and ambulances as well as port services; healthcare; audiovisual
services, whatever their mode of transmission, including within
cinemas; gambling activities, including lottery and betting
transactions; social services in the areas of housing, childcare and
support to families and persons in need which are provided by the State
at national, regional or local level by providers mandated by the
State or by charities recognised as such by the State with the
objective of ensuring support for those who are permanently or
temporarily in a particular state of need because of their insufficient
family income or total or partial lack of independence and for those
who risk being marginalized, are
from the scope of this
Directive 123/2006.