Implementation of Article 8 of Services Directive TAIEX Multi-country seminar on E-government 27 April 2010 Birgit Wilder

Main Features of the Services Directive Objective: remove barriers to the establishment of service providers and the cross border provision of services. Build on and consolidate ECJ case-law on Arts. 43 and Art. 49 ECT Horizontal nature, Framework Directive: large variety of services covered such as consultancy services, legal or fiscal advice, estate agents, engineering, construction, installation and maintenance, commerce and retailing, tourism, etc. Simplify and modernise the regulatory framework Freedom of establishment: simplification of the business environment, screening, 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 temporary services Complements the existing Community “ acquis ” : specific provisions of sectoral Directives prevail in case of conflict

Scope of the Services Directive Framework Directive: covers all services that are not explicitly excluded from scope 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

Services Directive and E- government eGovernment becomes a legal obligation under Article 8 of the Directive Administrative simplification as basis for modernisation and rationalisation of administrative procedures Points of Single Contact – single interface for businesses to complete procedures by electronic means Increased administrative co-operation between MS through a common tool (IMI) Wide scope - horizontal approach needed General positive effect on eGovernment in practice, above all in cross-borders context

Implementation of Article 8 Legal obligation to implement Art. 8 is on the MS side Commission’s role to facilitate the implementation as to cross-border aspects (cross-border interoperability)  Close coordination between DG MARKT and the specialist DGs: INFSO and DIGIT  Important that MS also bring together eGov and Services Directive experts From the Commission’s side, a number of actions completed or planned to achieve cross-border interoperability

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

Points of single contact: Basic features Setting up of PSCs = obligation for MS 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 MS 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.

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

PSCs - Tasks to be fulfilled III PSCs do not prejudice the allocation of competences among competent authorities at national, regional and local level (Art. 6(2))  MS determine the competences of PSCs:  may have a coordinating role only  may take certain types of decisions  Organisation of “back office” functions not touched upon by the SD

PSCs - Tasks to be fulfilled IV Procedural assistance to service providers –Contact provider in case further information or documents are needed –Confirmation that all procedures have been completed –Consistent overview of all procedures to be completed Moment of reception by the PSC of all the required documents = the point in time relevant for calculating deadlines

PSCs - Organisational issues I Possible to set up several PSCs in one MS  must be “single” only from the providers’ perspective –e.g. organisation according to service sectors or regional and local competences PSCs can be set up by competent authorities, professional chambers, private operators etc.  Important that providers can easily identify relevant PSC and that there are no gaps in coverage  Need for coordination, e.g. through a central web portal

PSCs - Organisational issues II MS 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 MS encouraged to provide for physical support structures

What have Member States done? Most MS have built on existing structures: –Central e-government/business portals –In many cases combined with existing physical offices –Some MS do not support PSC with physical offices Most MS have set 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

Cross-border issues for e- procedures  Lack of interoperability (legal, technical and organisational) between MS e-Gov solutions:  Electronic signatures (e.g. cross-border use and recognition, lack of trust)  Identification and authentication of service providers (e.g. different methods and levels of security);  Exchange of authentic electronic documents (non recognition of electronic signatures between MS, different levels of signatures required for the same application in different MS … )

What has been done to facilitate the cross-border use of PSCs (I) Legal measures -Commission Decision to facilitate the cross border use of e-procedures through PSCs (16 October 2009): -requires Member States to carry out appropriate risk assessment before asking for e-signatures with a high level of security -establishes concrete obligations on the acceptance of e- signatures -enhances trust in e-signatures from other Member States (establishment, publication and maintenance of «national « Trusted Lists ») -Commission Decision on administrative cooperation through IMI (2 October 2009): -establishes the use of Internal Market Information System (IMI) for administrative cooperation between Member State

What has been done (II) Practical measures Points of Single Contact:  EUGO collective trademark  EUGO gateway – PSC in Europe OS Toolbox to improve performance of PSC :  Content management  Product template including search engine  Secure message box

What has been done (III) Practical measures ETSI Plugtests to facilitate the establishment of Trusted Lists (COM Decision on e-procedures) Establishment of a compiled list of Trusted Lists (OJ 2010/C 45/05 – esignature/trusted-list/tl-hr.pdf ) (Action Plan e-signatures and e-identification - )

Amendment of COM Decision 2010/767/EC: Provide human readable AND machine processible form of the Trusted List Sign electronically the machine processible form of the Trusted List Ongoing work I

E-procedures: Roadmap 2008 to facilitate verification of signatures and enhance trust e-signaturese-documents Reference Format Packaging of signatures and documents Tool for signature creation and validation Facilitate recognition of e-docs issued by public administrations LSPs STORK/ SPOCS/ PEPPOL Ongoing work II

Any questions? Birgit Wilder European Commission DG Internal Market and Services