Activity-based approach. An activity-based approach to regulating service activities rather than individual professionals was identified especially in the crafts sector. Legislative reforms have taken place in a number of Member States, such as France (1996) and Slovenia (2004) in order to reduce market entry barriers by limiting the number of persons within a business entity that must hold a specific professional qualification and by allowing qualified persons to oversee the work of unqualified persons. Concrete examples in this regard are now examined: In 1996 in France, , as part of reform within the specialised construction sector, through the Law of 5th July 199648, a change was made so that (service) activities are regulated through a professional qualification requirement, rather than the former burden on individual professionals. In France, professions listed under Article 16 of Law 96-603 of 5th July 1996 relative au développement et à la promotion du commerce et de l'artisanat, remain regulated but are regulated at the level of the service activity rather than the individual professional. It is for instance possible for an entrepreneur to set up a company offering the services listed in Article 16, even without holding the appropriate qualifications. In order to offer certain services however, the entrepreneur has to employ a person with adequate experience or qualifications in order to perform or oversee the activities. Anyone offering services must be “under the effective and permanent control” of a person with adequate qualifications.
