For the European Commission, the French label Recognized as guarantor of the environment (RGE), issued to construction companies, constitutes a form of distortion of competition between Member States. This label aims to certify the competence of building professionals in the field of energy renovation and the installation of equipment using renewable energies. However, on December 16, 2024, the Commission sent France a new letter of formal notice, on the grounds that RGE certification does not comply with the directive of December 12, 2006 relating to services in the internal market. The European executive had already singled out France for this same complaint in March 2019.
The directive aims to ensure that service providers do not face unjustified obstacles when they wish to provide their services in another Member State. French law imposes a number of conditions, for example, professional insurance, experience of previous work, economic and financial capacity or the use of certain equipment on service providers for obtaining RGE certification. “Given that this certification is necessary to access public subsidies, obtaining it has become a necessary precondition for service providers from other Member States to have access to a substantial part of the French building renovation market”underlines the Commission, in a press release. However, she considers that “several conditions of this certification are not justified or proportionate, in particular in the case of services provided in France, on a temporary basis, by service providers established in another EU Member State”.
France now has two months to respond to the Commission, otherwise it will receive a reasoned opinion. Failing this, the European executive could then decide to refer the matter to the Court of Justice of the European Union. Please note: last March, the Government announced measures to simplify access for construction craftsmen to the RGE qualification.
Article published on December 17, 2024
