making the services directive work dublin 6 march 2014 services directive and why it matters
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Outline of the presentation
I. General introduction to the Services Directive• - A framework Directive with exclusions - - Economic importance- - Contents of the Services Directive - - Implementation and future notifications.
II. Points of Single Contact
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Services Directive
Horizontal “framework” Directive: covers all service activities unless they are explicitly excluded: e.g.1.- commerce and retailing, 2.- construction and crafts, 3.- business- related services (consultancy, advertising etc.), 4.- most regulated professions, 5.- tourism, etc.
Complements the existing EU “acquis”: specific provisions of EU law prevail in case of conflict
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Exclusions
• financial services, telecommunications, transport services
• healthcare services• certain social services• audiovisual services• temporary work agencies• private security services• gambling services• services provided by notaries and bailiffs
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Economic importance of services in general
• Services represent around 70% of EU GDP and total employment
• Over the last decade, rapid and sustained shift from industrial production to knowledge-based services
• Services have been the source of all net job creation in recent years / 9 out of 10 new jobs
• About 75% of services trade concerns the supply of services to other business, in particular industry
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Economic importance of the sectors
Services covered under the Services Directive: 45% of EU GDP
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Economic importance of the implementation of the Directive
• + 0,8% of EU GDP within 5 to 10 years as implemented.
• + 2,6% of EU GDP within 5 to 10 years if Member States eliminated almost all remaining barriers
• Impact differs between Member States depending on:– Extent of barrier reduction
– Barrier reduction by trading partners
– Economic importance of the services sector
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Contents of the Services Directive
• Administrative simplification and Points of Single Contact
• Freedom of establishment (internal and cross-border cases) – remove unnecessary barriers
• Freedom to provide/receive cross-border services – remove
• Quality of services (insurance)
• Administrative cooperation (Internal Market information System (IMI)
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Implementation until 2009 and in the future
To implement the Services Directive correctly:need to know what is existing and what needs to be done/amended, i.e. need to SCREEN the existing legislation, covered by the Services Directive
-Initially linked also to the obligation to report to COM (art 39) for specific requirements.-May need several iterations.
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Notifications via Internal Marekt Information System (IMI)
For any new legislation: obligation to notify the COM and other MS requirements falling under:
• Art 15 (establishement requirements to be assessed)
• Art 16 (requirements imposed on cross-border service provision)
• Disproportionnate barriers to business and to trade?
Recommended to notify draft regulations to ease changes if needed.
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Point of Single Contact (PSC)
Administrative simplification (Art. 5): MS need to examine and simplify their existingprocedures and formalities In principle, authorities should not ask for:
• Original documents• Certified copies of documents• Certified translations
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Points of Single Contact (PSC)
A most tangible benefit for businesses: one interlocutor to get information and complete procedures
Linked to the general obligation to simplify procedures
First “horizontal” legal obligation for Member States to provide for e-government services for businesses
Accessible for national & foreign users
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PSC: information provision
Obligation to provide information on all procedures and formalities necessary for given activities. No need to contact different authorities/bodies anymore
company registration, professional qualifications
Information to be covered:
requirements for procedures and documents to be submitted, contact details of the authorities, means of redress etc.
Use of plain and intelligible language
Assistance to questions from business
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PSC: completion of procedures online
Businesses should be able to complete the necessary procedures and formalities to start or exercise an activity by electronic means and at a distance
Both for national users but also for users from other MS (using their own means).
• Cross-border access is a MAJOR CHALLENGE
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PSC: what is not mandatory but would be best practice for business?
PSC to become a comprehensive e-government for business
Cover procedures and sectors outside the SD
Income tax, VAT, social security registrations etc.
Take business user's perspective
Provide also information & assistance on other issues relevant for the business users (e.g. access to finance)
Foreign language availability
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Support tools available
EUGO Network– cooperation with other MS and sharing of best practices
E-Procedures Legal framework
Practical tools to support creation and validation of e-signatures (open source software)
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PSC Charter: towards more ambitious PSCs
Agreement at political level to go beyond the SD for business purposes;
Regular benchmarking against common criteria, covering:
Quality and availability of information
E-procedures
Accessibility for foreign users
Usability
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