Licensing update Belgium
EU COURT DECISION - PI REGULATION
THE COMMISSION -V- BELGIUM
C - 355/98
A very significant and interesting Judgement of the European Court appears to have had, and will have an ongoing impact on the Regulation of the Security Industry / Private Investigations throughout the European Community.
This accounts for the "slow-down" of the Republic of Ireland's "Private Security Services Bill 2001" which we all thought would get its Reading in the Dail (Irish Parliament) this year and be passed into Law.
The Commission -V- Belgium - C-355/98
This case concerned the regulation of the Private Security Sector by the Belgian Government.
The Belgium Law purported to license the Security Industry. It required that:
- The Belgian Process be complied with, and
- Failed to recognise similar licenses or certificates obtained in other EU Member States.
- It also required every person wishing to work in the Industry to be issued with an Identification Card in accordance with Belgian Law.
The European Court found that these provisions were in Breach of Article 59 of the EU Treaty, in that they "Restricted the Freedom to provide Services".
On the basis of this Judgement, the Republic of Ireland's "Private Security Services Bill 2001" which was written in very similar terms to the Belgian Law, would most likely also fall foul of the Treaty.
As a result of this decision, The Industry / Sector now has the opportunity to submit Sector Representations to the Irish Select Committee - who will be determining what amendments are to be made to the Bill prior to Reading and passing into Law in Ireland.
WAPI is naturally most concerned over the issues of EU recognition and reciprocal recognition of all EU States Licenses / Permits issued, or to be issued to the PI Sector.
The Governing Council are very aware of the efforts being made by many of the other EU States PI Associations in this regard, and would urge all those with a supporting interest in terms of mutual recognition of PI Licenses between the UK and the Irish Republic in particular, to submit any comments / concerns initially to the WAPI Chairman. Email Ian Withers on hq@priorityinternational.com These will be raised at the Investigators' Sector Group, which is hoped will take the matter up on behalf of the entire Sector.