The ambitious reform of the Single Market for services triggered by the adoption of the Services Directive is far from finished. Following an initial momentum when a significant number of reforms took place, the pace has slowed down in the recent years (due to a combination of economic and political factors), leaving still a lot to be done. Currently the Commission is preparing to fulfil its Treaty obligations to monitor the implementation of the Services Directive and the objective of the study will be to assist the institution with gathering of information to underpin its assessment of the impact of the Services Directive. More specifically the contractor will be charged with the task to conduct a legal mapping of the developments in the services market, which will provide information about the remaining barriers to the single market in a number of economic sectors. The outcome of the study will serve as a basis for the Commission to understand how the restrictions have evolved over time.
The purpose of the assignment will therefore be the collection of detailed data on existing restrictions in certain services sectors at specifically defined points in time. The contractor will have three specific tasks:
1) To screen and document existing rules introducing restrictions to the freedom of establishment or cross-border provision of services. For each Member State/EEA country the screening will cover, the following data points: economic sector; time point and restriction. Subject to the screening will be requirements imposed at national, regional or local level as well as any rules enacted by professional bodies, associations or organisation in the exercise of their legal autonomy to regulate in a collective manner the access to a specific service activity. The legal data will be presented in a user-friendly spreadsheet (country report), which will contain a reference to the measure imposing a specific requirement constituting a restriction within the meaning of the Directive, a weblink where possible, relevant information about the measure and a qualitative description of the restrictive requirement summarising its essential characteristics.
2) To design a detailed methodology for the numerical assessment of the restriction identified and documented under Task 1. In compliance with the ToR the methodology will be suitable to assess the level of restrictiveness of a given restriction at a given point in time, also taking into consideration possible intermediate situations when a restriction can vary in restrictiveness depending on the specific applicable provisions. The methodology will be specific by type of restriction and will lay down the scoring mechanism for that type of restriction.
3) To apply the methodology, following its approval by the Commission, and carry out a numerical assessment of each restriction as documented in Task 1.