The new Services Act in The Netherlands Implementation of the EU Services Directive Jan Leerling, senior Legal Advisor The Netherlands Chamber of Commerce 11 June 2009

Significance Benefits of one internal market: economic growth between 1,4 and 6,3 billion euro In line with several existing Dutch programs – Less administrative burdens / rules – Simplification of permits – Several e-government programs Especially for service providers active but not residing in another EU member state And a great stimulus for online transactions within The Netherlands itself

Legal approach Implementation mandatory before 28 Dec Screening Dutch legislation Monitoring new legislation (Commercial Register Act / decree) Services Act (proposal) (Main obligations; change legislation) Alteration Act (proposal, 6 months) 201? - Act for small repairs

Two electronic Points of Single Contact One electronic Point of Information to consumers – National Consumer Authority – One electronic portal for service providers and business customers – At Ministry of Economic Affairs – Information, support, procedures and formalities – For enterprises / business customers – From EU member states – In Dutch / partly English – (answer for companies)

´Answer for companies´ portal (1) Providing information/ support – By competent authorities (CCI´s) and Ministry of Economic Affairs – General vs detailed information – Support via ´message box´ in PSC Problems: – Connect local CCI´s or CCI NL? – Technique for delivering information (cooperating catalogues or other) – Language

Competent authority Service Provider/ business customer Answer for companies portal ( Encrypted message box Message box Service Provider Message box Competent authority Notification Notification Unsecured messages Secured messages

´Answer for companies´ portal (2) Online registration – All ´enterprises´ – Also from The Netherlands – Facilitator model (no case handling) – ´message box´ in PSC (low security) Problem:Identification / authentication by CCI´s Solution:Link to web application ´self service enterprises´ CCI´s Use electronic qualified signature Electronic confirmation via message box

Registration process (2 scenario´s) CCI-site Message box CCI Self Service Enterprises- application Routing to one of the CCI´s CCI´s Registration by competent CCI AvB-site Message box enterpreneur Internet flow Confirmati on message to enterprise Traditional registration form Fysical mailbox Paper flow B1 B2 A1 A2 A3A4 A5/ B3 A6/ B4 A7/ B5

´Answer for companies´ portal (3) Online registration: Problem: Electronic signatures from other MS Solution:Support Ministry of Interior Problem: No electronic signatures for SME´s Solution: Free signatures (Program E-Recognition Enterprises) Problem: Language Solution: Dutch (maybe English)

IMI and the Dutch CCI´s (1) Internal Market information system (IMI) Ministry of Economic Affairs responsible for implementation CCI´s must connect (preferably in pre phase) Problems: – Connect all CCI´s or CCI NL? – Questionnaires EC Manual (workload; mistakes) Translation of answers – For free? Art and 28.6 EU-Directive Financing principle: user of information pays – Information or verification? – Relation with new Dutch system of base registers

IMI and the Dutch CCI´s (2) Solution: – Information via EBR / registers, Verification via IMI – Authorities and IMI refer to EBR / registers as primary source Advantages: – Fixed format, Automated process / translation – Clear difference between information and verification – Clear difference between non free and free information (No tension with basic principle: user pays for information) Problems / challenges: – EBR needs all EU official company registers – EBR is not an EU institute

Questions?