EU and Internal Market

We have a leadership and coordination role in respect of the EU Competitiveness Council and on the Single Market and generally in driving the department’s EU agenda. We engage proactively at EU institutional level and with our EU partners so as to ensure that departmental EU priority measures are advanced.

We support our ministers in their pursuit of achieving domestic and EU policy outcomes that are supportive, in particular, of the enterprise, competitiveness, single market and innovation agendas. In relation to Brexit, we ensure a coordinated and coherent approach to Brexit across all policy areas of the department.

The UK formally left the EU on Friday 31 January 2020, on the terms set out in the Withdrawal Agreement. This includes the Protocol on Ireland/Northern Ireland, aimed at avoiding a hard border on the island and protecting the all-island economy.

From 1 January 2021, following the end of the transition period provided for in the Withdrawal Agreement, the UK has been outside of the EU's Single Market and Customs Union. This has led to a new trading relationship for businesses moving goods to, from or through the UK, excluding Northern Ireland. The Protocol on Ireland/Northern Ireland sets out the arrangements for goods moving between Ireland and Northern Ireland.

Windsor Agreement

On 27 February 2023, the EU and the UK reached agreement in principle on a new way forward on the Protocol on Northern Ireland, the ‘Windsor Framework’. This framework puts in place solutions to the practical concerns raised by people and business in Northern Ireland around the Protocol. The Windsor Framework includes a comprehensive set of solutions that cover, amongst other things, new arrangements on customs, agri-food, medicines, VAT and excise, as well as specific instruments designed to ensure that the voices of the people of Northern Ireland are better heard on specific issues particularly relevant to the communities there.

Importing goods to the UK

On 29 August 2023, the UK Government published the final version of its Border Target Operating Model (TOM) which sets out its new model for importing goods to the UK from inside and outside the EU, including Ireland.

The new rules will be introduced in phases starting 31 January 2024.

These new controls will have implications for all Irish exporters to the United Kingdom, excluding Northern Ireland. In particular, exports from the agri-food sector will have to be pre-notified and accompanied, in some cases, by export health and phyto-sanitary certificates.

As a result of the Northern Ireland Protocol and Windsor Framework, there will be no changes to moving goods between Ireland and Northern Ireland.

As the TOM will be implemented in several stages, all Irish exporters and those involved in moving goods to the United Kingdom are strongly encouraged to check the UK Government TOM website regularly.

Supply chain

It is vital that impacted businesses speak to everyone in their supply chain including your transport and logistics providers and your customers in Great Britain to examine what adjustments will be needed to comply with the new UK requirements and ensure everyone understands their role in this new environment.

Hauliers

Hauliers who move goods through the UK ports that use the Goods Vehicle Movement Service (GVMS) need to register for the service. This will help to ensure that goods are processed through customs without delay. You can register for the GVMS here.

Further information

For the most up-to-date Brexit information and guidance, including further details on importing goods to the UK, visit Item was unpublished or removed

The Ireland UK Unit of the Department of Enterprise, Trade and Employment is responsible for supporting the Ministers and Management Board in ensuring a coordinated and coherent approach to Brexit across the department and its agencies. This includes engaging with stakeholders and we are happy to receive submissions regarding impacts and implications of Brexit that you consider relevant to our remit – email brexitunit@enterprise.gov.ie

The Services Directive aims to create a free market for the services sector. Its purpose is to remove the legal and administrative barriers that can hinder businesses from offering their services in another country, and to encourage cross-border competition.

Directive 2006/123/EC on services in the internal market was adopted by the European Parliament and the Council on 12 December 2006. It was required to be fully transposed by Member States into their national systems by 28 December 2009. In Ireland, the Services Directive was transposed on 10 November 2010 by SI No 533 of 2010 – The European Union (Provision of Services) Regulations 2010.

Main benefits of the Services Directive

The Services Directive aims to maximise the advantages of the Single Market for services for the benefit of consumers and businesses alike. It obliges MS to cut red-tape, increase transparency and to remove unjustified or disproportionate requirements. It will ensure more rights for citizens, increased competitiveness of EU services and a better and broader choice. Moreover, it obliges all Member States to cooperate with each other in order to ensure efficient supervision of service providers and their services.

The Services Directive was required to unleash the untapped potential of the EU Single Market for services in order to boost economic growth, create jobs and increase the quality and choice for consumers.

Article 21

Article 21 of the Services Directive states that Member States must ensure that service recipients can obtain the following information:

general information on the requirements applicable in other Member States relating to access to, and exercise of, service activities, in particular those relating to consumer protection

general information on the means of redress available in the case of a dispute between a provider and a recipient

the contact details of associations or organisations, including the centres of the European Consumer Centres Network, from which providers or recipients may obtain practical assistance

The designated Article 21 bodies in Ireland are:

• Cork Chamber - advice for businesses offering services in another EU country on:

your legal rights if there is a problem

contact details of agencies that will offer you further assistance

• European Consumer Centre Ireland - advice for consumers on:

what to check before availing of services in another member state

your legal rights if there is a problem

Service providers covered by the Directive

The Services Directive covers a large variety of sectors ranging from traditional activities to knowledge-based services. It affects service providers both large and small including thousands of SMEs. Examples of activities and sectors covered by the Services Directive include:

• retail and commerce, for example, supermarkets and other commercial establishments, trade fairs and itinerant sales
• construction, for example, building companies, insulation activities
• real estate, for example, real estate agencies, auctions, conveyance
• services linked to agriculture and forestry, for example, support activities for crop production such as fumigation services or harvesting services; post-harvesting crop activities; veterinaries and biological laboratories
• services related to industry, for example, installation and maintenance of machines, industrial cleaning
• education services, for example, private schools and private universities, language schools
• tourism and leisure, for example, restaurants, bars, travel agencies, hotels, amusement parks
• professional services, for example, lawyers, architects, engineers, veterinaries
• crafts, for example, carpenters, plumbers, frame-makers, repair and maintenance services
• knowledge-based services to business, for example, management consultancy, advertising, certification, testing, training
• social services provided by private operators, for example, childcare, care for the elderly, household support
• culture-related services, private museums and libraries, theatres, concerts, organisation of open air events
• sport and fitness, for example, gyms, spas
• services ancillary to healthcare, for example, supply and maintenance of medical equipment, laboratories working for hospitals
• services related to, but distinct from transport, for example, car rental, removal services, driving schools, *aerial photography, organisation of bus tours
• intellectual property-relate services, for example, administration of IP rights by collecting societies, *services offered by patent attorneys

Service providers not covered by the Directive

Service providers not covered:

• financial services
• electronic communications services and networks
• services in the field of transport (but services which are related to, albeit distinct from transport, such as driving school services, leisure flights and so on, are covered)
• services of temporary work agencies (but placement and recruitment services are covered)
• healthcare services provided by health professionals to patients to assess, maintain or restore their state of health where those activities are reserved to a regulated health profession (but services that are not directly intended for the treatment of patients – for example, veterinary services – or are not reserved to a regulated health profession or are provided to healthcare institutions or healthcare staff are covered)
• audiovisual services and radio broadcasting
• gambling activities
• social services relating to social housing, childcare and support of families and persons permanently or temporarily in need which are provided by the State, by providers mandated by the State or by charities recognised as such by the State (but when social services are provided by a private operator, they are covered)
• private security services (but those services which are not security services as such, for example, the sale or installation of security devices or the manned monitoring of property or persons from a distance through electronic devices are covered)
• services provided by notaries and bailiffs, who are appointed by an official act of government

We monitor and report on the transposition of EU Directives that fall within the responsibility of this department.

The European Commission’s Single Market Scoreboard which is published twice yearly aims to give an overview of the practical management of the single market. It gives a performance overview for all member states in relation to transpositions and results that have been achieved.

Further details of European directives currently being transposed by this department as well as codified directives awaiting transposition is set out on the EU Directives Transposition Table. Codification brings together previous legislation in a single new act. There are no timelines required for the transposition of codified directives.

If you require information on a particular directive, please contact the relevant unit directly.

Information on directives transposed is available on the EU Directives Transposed Table.

The Competitiveness Council is one of the ten current EU Council of Ministers formations. The various strands of activity of the Competitiveness Council are industry, internal market, research and space.

The department's EU Affairs Unit together with our Permanent Representation in Brussels (PRB), co-ordinates material in relation to the industry and internal market elements of the Competitiveness Council. The Innovation and Investment Division of our department has responsibility for the space aspect of the Council. The Department of Further and Higher Education, Research, Innovation and Science has responsibility for the research and innovation aspects of the Council.

The Council normally meets in a formal session four times a year in Brussels, the Minister and Ministers of State usually act as head of delegation at these formal meetings. Ministers also meet in an informal session once during each presidency in the country of the member state hosting the presidency. Hungary host the current presidency of the EU until the end of December 2024. They will be followed from January to June 2025 by Poland.

Whilst this department takes the lead role in this Council, given the cross cutting issues involved, a number of other departments also provide inputs to the Council. This department co-ordinates, prepares and develops policy inputs to the EU Competitiveness Council on a range of issues including:

• company law and consumer issues
• SME and State Aid policy
• better regulation
• internal market issues
• intellectual property

Under the Oireachtas Scrutiny Act 2002 departments are required to submit an information note in respect of any European legislative proposal to the relevant Joint Oireachtas Committee.

EU Affairs Unit co-ordinate the information notes on legislative proposals for this department and submit them to the Joint Oireachtas Committee.

This Committee scrutinises any legislative proposals relevant to the department and publishes reports of its decisions on the Oireachtas website.

We prepare Report to the Oireachtas under Section 2(5) of the European Union (Scrutiny) Act 2002six monthly reports on relevant EU developments for submission to the Joint Committee. The Minister and/or the Secretary General of the department may be called before the Committee in relation to this report.

The Irish Point of Single Contact (PSC) brings together information on procedures and services to those intending to establish a business in Ireland.

The Irish Point of Single Contact

The main role of the Point of Single Contact (PSC) is to provide general information on the procedures required for Irish/EU Businesses who intend operating in Ireland (for example, procedures required for working as an Architect in Ireland).

The Irish PSC was set up in January 2010 as a bespoke web portal in accordance with a provision of the Services Directive (2006/123/EC). The PSC is administered and operated by the Single Market Unit.

The PSC provides the following key information for business:

• Information on procedures and formalities needed to access service activities.
• Information on first registering a business.
• Contact details for all Government Departments, State Agencies and competent authorities.
• A comprehensive list of licences/permits required by the various Government Departments and competent authorities.

EUGO network

The PSC is part of the EUGO network for the Points of Single Contact established in all Member States to assist businesses to provide services in the Member States.

Irish businesses can use the EUGO Network as a key information resource when operating in the Single Market (for example, if intending doing business in France - contact the French Point of Single Contact for information on the relevant procedures required).

The performance of the PSC is measured annually in the Single Market Scoreboard.

SOLVIT is an informal problem-solving network established to resolve certain types of problems being experienced by EU citizens or businesses.

Read more about SOLVIT here.

Your Europe is a European Commission website which provides information to citizens and businesses on their rights in the EU.

It provides practical information for citizens looking to live and work in another EU country and for businesses looking to do business in another EU country.

Your Europe is divided into a separate Your Europe Citizens website, and a Your Europe Business website.

The Internal Market Unit acts as national co-ordinator in response to European Commission requests for updates of information on Your Europe relevant to Ireland.

Your Europe Advice

Your Europe Advice is an EU advice service for the public. It consists of a team of lawyers who cover all EU official languages and are familiar both with EU law and national laws in all EU countries.

Your Europe Advice can:

• provide free and personalised advice in your language, within a week
• clarify the European law that applies in your case
• explain how you can exercise your EU rights

Your Europe Advice works closely with SOLVIT, a problem-solving network that deals with problems between individuals or companies and the authorities in another country, in cases where there is a possible misapplication of EU law.

If, after examining a request for advice, Your Europe Advice think you may need further help in solving a problem with the national administration in question, they will transfer your case from Your Europe Advice to SOLVIT and inform you accordingly.

Further Contact Points can also be found on the Your Europe Citizens website, for citizens seeking assistance on their EU rights.

The Internal Market Information System (IMI) is a secure, multilingual online database that facilitates the exchange of information between public authorities involved in the practical implementation of EU law.

IMI helps authorities in all Member States to fulfil their cross-border administrative cooperation obligations in multiple Single Market policy areas. The beneficiaries of this cooperation are businesses and citizens.

Launched in 2008, IMI currently supports administrative cooperation procedures in 17 different policy areas. A list of these areas and their legal basis is available on the IMI homepage here: Administrative cooperation: areas and legal bases

IMI is presently used under areas such as, the Service Directive, Posting of Workers, the Professional Qualifications Directive, GDPR and Public Documents.

Visit the IMI website for further information on its administrative areas and data protection.

Information on Data Protection and the General Data Protection Regulation (GDPR), published by the Department of Enterprise, Trade and Employment is available here: Data Protection and GDPR

Read all about EU State Aid Rules here.

EU Directive 2015/1535 came into force on 7 October 2015, replacing the earlier Directive 98/34/EC. The aim of the Directive is to prevent new technical barriers to trade being created between Member States. As the Single Market is an area without internal borders, the free movement of goods, persons, services and capital should be guaranteed.

The Directive requires Member States to notify all draft technical regulations concerning industrially manufactured products and agricultural products, as well as information society services, through the TRIS system before they are adopted into national law.

Read more about TRIS here.