24 January 2013 – Letter to MEP Written Questions

Written Questions to the Commission:

 
1 Is the Commission content that the UK government, whilst considering the broader question of opt-in or opt-out from Europe, did in 2009 use the European Services Directive as grounds to remove statutory protection from some ambulant traders in the UK known professionally as pedlars exposing them to becoming “potential victims” under the UK Provision of Services Regulation Act 2009 Section 45?

2 Is the Commission content that the UK government has issued a statement of intent to extend the application of the Services Directive to repeal the UK Pedlars Act (EU recognised profession of pedlary) by a process that infringes Article 1.5 of the Services Directive?

3 Is the Commission aware that Infringement occurs with the proposition stated in HMG BIS URN 12/605 to condition theservice activity of pedlary with criminal law provisions imposed upon it under local street trading regulation and that the consequential “potential victim status” will have effect on all professional pedlars and all who have the right to practice pedlary throughout the UK?

4 What provision is the Commission able to employ in order to hasten the process of a Formal Complaint Concerning Failure to Comply with Community Law – registered 12 December 2012 under reference CHAP(2012)03655: to forestall the UK government from an impending infringement of the Services Directive through misapplication with HMG’s proposal to repeal the Pedlars Act?

5 Is the Commission determining whether the UK Provision of Services Regulation Act 2009 is compliant with the EU Services Directive?

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