Implementation of the Services Directive in the Netherlands: How do we work out the principles on authorisation schemes ? Mrs. Jacomien Zevenbergen, Ministry of Justice March 31st 2008, Warschau

Services Directive Implementation Team Today's menu Starters Main provisions on authorisation schemes Soup Screening operation Main course Legislation Dessert Other activities regarding authorisation schemes

Services Directive Implementation Team Starters: Main provisions on authorisation schemes Definition authorisation schemes: art. 4(6) Obligations on a service provider to be in some way authorised, accredited, licensed or registered by a competent authority before it can operate its service.

Services Directive Implementation Team Starters: Main provisions on authorisation schemes Chapter III: Freedom of Establishment Article 9(1) subjects authorisation schemes to the following strict tests : -non discriminatory -proportionate -necessary (justified by public interest) Article 9(2): obliges Member States to identify their authorisation schemes and to show their Screening) compatibility with paragraph 1 (Screening)

Services Directive Implementation Team Starters: Main provisions on authorisation schemes Chapter III Freedom of establishment Articles 10 – 13: contain substantial and procedural provisions regarding authorisations (No compulsory screening!)

Services Directive Implementation Team Starters: Main provisions on authorisation schemes Chapter IV Free movement of services Article 16 (2) also refers to authorisations! Netherlands view: difference between establishment and services is hard to make Article 16 (3): an authorisation scheme that falls under Chapter IV can be maintained if: - non discriminatory -proportionate -justified for one of the following reasons: public policy (fundamental interests of society) public security public health environmental protection

Services Directive Implementation Team Soup: Screening operation What? What? Authorisation schemes on articles 9 and 16 Who? Who? Legislation on the following levels: Centralised level: Ministries (11) Provinces (12) Municipalities (443) Waterboards (27) Public bodies for trades and businesses (17) How? Coordination: How? Coordination: Services Directive Implementation Team Guidelines, report forms, 'road shows' Reporting to Services Directive Implementation Team Double check by this team

Services Directive Implementation Team Soup: Screening operation Alas: no clear cut results yet! Centralised level: ministries almost ready Decentralised level: still ongoing process First impression: majority of authorisation schemes complies with articles 9 en 16: Existing community legislation; no new obligations Recent simplification operations

Services Directive Implementation Team Example: Copyright regulation To operate as the contracting body with respect to copyright protection in case of public music perfomances an authorisation is needed. Regulation requires Dutch nationality for the founders of this legal body. Article 16? No, derogated by article 17 (11) Article 9? Measure is proportionate. Justified by necessary protection of intellectual property. But: nationality requirement has discriminatory effect on the authorisation scheme. This authorisation scheme will be amended.

Services Directive Implementation Team Soup: Screening operation What happens with the results: Reporting to Commission If necessary sectoral legislation will be amended Results also identifies: legislation within scope authorities to be linked to Points of Single Contact

Services Directive Implementation Team Main course: Legislation Three major Acts of Parliament: The Services act (fall 2008): Implementing in horizontal way The Modification Act (first half 2009): - Adjusting all relevant specific legislation - Supplementing/correcting The Reparation Act (second half 2009): Repairs any technical mistakes

Services Directive Implementation Team Main course: Legislation Provisions which contain instructions to legislators will not be transposed Obligations which are already in existence in the Dutch legal order will not be implemented separately in legislation article 9 (but: screening!) article 10 (mainly) article 12 (but: compliance test)

Services Directive Implementation Team Main course: Legislation What obligations do we plan to implement in the Services Act? no repetition allowed, art. 10 (3) duration of authorisation, art. 11 length of procedure, art. 13 (3) Lex Silencio Positivo, art. 13 (4) acknowledgement of application, art. 13 (5) incomplete application, art.13 (6) What do we do with the rest? Compliance Test art.10 (4): territorial limitations art. 11 (1): to ensure compliance art.12: criteria for limited authorisation art. 13 (2, 3 and 4): procedure

Services Directive Implementation Team Dessert: Other activities Instructions to the legislative officers of all authorities concerned Monitoring system Road shows Model regulation in line with Services Directive The Netherlands is already busy simplifying bureaucracy, increasing accessibility and speed of authorities and developing e- government. The Services Directive is supportive!

Services Directive Implementation Team Thank you for your attention! Questions?