Main Features of the Services Directive

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Main Features of the Services Directive

• Objective: remove obstacles to trade in services. Simplify and modernise the regulatory framework

• Freedom of establishment: removal and lightening of restrictions to the access and exercise of service activities

• Freedom to provide services: strong reduction of application of host Member States’ requirements to cross-border services

• Complements existing Community acquis

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ScopeScope of the Services Directive

• Framework Directive: covers all services that are not explicitly excluded • Examples of services covered: commerce and retailing, construction

and crafts, tourism, rental and leasing, consultancy, most regulated professions (architects, lawyers, engineers, …), etc.• Initial exclusions: financial services, telecommunications, transport

services• Further exclusions: 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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Implementation

• The Directive was published on 27 December 2006. Its three year implementation period expires on 28 December 2009

• Combination of legislative and non-legislative measures. Implementation of several large scale projects: – “screening” and simplification of national legislation– “Points of Single Contact” – administrative cooperation (IMI)

• Implementation affects all levels of national administrations

• Commission has taken commitment to coordinate the implementation process

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“Points of Single Contact” (PSC): What is foreseen by the Directive?

• Points of single contact (PSC) (Art.6) – possibility for service providers to complete all procedures through one single place

• Provision of all relevant information through PSCs (Art. 7)

• Procedures by electronic means (Art.8)– possibility for service providers to complete procedures electronically and across-borders

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“Points of Single Contact”: Context of administrative

simplification

Art. 5: General obligation of administrative simplification: MS need to examine and simplify their existing procedures and formalities

Screening and simplification of existing authorisation schemes and requirements

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PSCs: Basic features

• Procedures concerning the establishment of service providers and, where justified, the freedom to provide services

• Available to service providers from all MS, including “national” service providers

• Obligation of result for MS • MS can decide on organisational arrangements of

PSCs, such as the bodies in charge of setting them up, decisional competences, the number of PSCs on their territory, the way of financing them etc.

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PSCs: Tasks to be fulfilled (I)

• “Completion of all procedures and formalities”• Service provider must have the possibility to:– obtain all relevant information, forms and

documents relevant to his activities– submit his documents/applications– receive the decisions and other replies by

competent authorities relating to his applications

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PSCs: Tasks to be fulfilled (II)

• Obligation covers authorisations, declarations, notifications, entry into registers etc.

• The moment of reception by the PSC of all the required documents = the point in time relevant for calculating deadlines

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PSCs: Tasks to be fulfilled (II)

• PSCs do not affect the allocation of competences among competent authorities at national, regional and local level (Art. 6(2))

PSC does not need to be involved in taking decisions / can be intermediary between administration and provider

• Organisation of back-office functions of the PSCs not touched upon by the Services Directive

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PSCs: Organisational issues (I)

• Possible to set up several PSCs in one MS. PSC must be “single” only from the providers’ perspective

• PSCs can be set up by public authorities, professional organisations, private operators, etc.

Important that providers can easily identify relevant PSC and that there are no gaps in coverage

Need for coordination, in particular through a central web portal

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PSCs: Organisational issues (II)

• Member States may choose to set up PSCs on an electronic basis only

• In that case: need to establish a helpline which service providers can contact in case of difficulties

• Member States encouraged to provide for physical support structures

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PSCs: what are Member States doing?

• Key decisions have been taken in large majority of MS• Most MS indicate that they have finalised work on concept of the

PSC• In most MS practical work to build PSC is ongoing: at more or less

advanced stages• Pilot project ongoing or foreseen in several MS• In some MS work still only seems to be at preliminary stages

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PSCs: what are Member States doing?

• Most MS build on existing structures:– Central e-government/business portals– In many cases combined with existing physical offices– Some MS do not intend to support PSC with physical

offices• Most MS setting-up one single PSC structure / one body

designated to act as PSC• Multiple bodies acting as PSCs in some MS, mostly based

on geographical area

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Thank you for your attention

Contact: [email protected]