1. Implementation of the Services Directive
High Level Group on Administrative Burden
Implementation of the Services Directive
Claire Bury, DG MARKT, Director E "Services"
5 December 2013
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2. Services Directive and administrative simplification
Content
Services Directive and administrative simplification
Mutual evaluation & peer review
Points of Single Contact
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3. Services Directive 2006/123/EC
Objective: make progress towards a genuine Single Market in Services
How:
By simplifying administrative procedures;
Removing obstacles for services activities (when establishing and providing services cross-border);
Enhancing trust between Member States and the confidence of providers and consumers in the Single Market.
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4. Services covered by the Services Directive
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5. Key provisions for administrative simplification
Article 5: Simplification of procedures
Article 6-8: Points of Single Contact
Articles 9 – 13: Authorisations, including:
Conditions for granting authorisations (non- discriminatory, proportionate, justified, clear and ambiguous, objective, made public in advance, transparent and accessible)
Nationwide validity of authorisations
Duration of authorisations
Tacit approval
Article 14: List of prohibited requirements (economic test, involvement of competitors, nationality requirements etc.)
Article 16: Freedom to provide services
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6. Communication on the implementation of the Services Directive (June 2012)
All MS implemented the Services Directive;
'Zero tolerance' policy for unequivocal obligations;
However, the level of ambition differs, especially in areas where the level of discretion left to the MS:
Article 15 requirements to be evaluated (quantitative and territorial restrictions, legal form and shareholding requirements, tariffs etc.)
Article 16 freedom to provide services
Economic study : the abolishment of almost all restrictions within the scope of the Services Directive could bring the additional gain of 1.8% of GDP (total economic gains of 2.6% of GDP in 5-10 years).
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7. Is there still potential in the Services Directive?
Additional growth potential exists (up to 1.8% GDP)
But this requires more ambition from the Member States
Areas as legal form and shareholding requirements
Requirements imposed on cross-border service providers
PSC have tremendous potential for contributing to administrative simplification
In general time to take a wider look again at how the IM works for services and what the obstacles are on the ground.
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8. Mutual evaluation & peer review exercises
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9. Mutual evaluation (2010)
Foreseen in Article 39 of the Services Directive:
to assess a number of legal requirements typically imposed on service providers;
requirements not strictly forbidden by the Directive but where a an assessment of justification and proportionality had to be done by the MS:
On establishment , such as authorisation schemes, territorial restrictions or capital ownership restrictions
Cross-border service provision: such as registration, notification and insurance obligations
Outcome:
Around 34,000 MS requirements covered
Some maintained, some changed, some abolished
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10. Peer review ( )
Focus exclusively on legal form, shareholding and tariffs requirements (5 activities concerned: accountants, architects, patent agents, tax advisors and vets);
To discuss and to better understand the existing regulatory approaches in Member States;
To explore some alternative regulatory models, giving Member States the possibility to learn from each other's experience;
Professional services chosen due to their importance for the whole economy.
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11. Results of the peer review
Legal form and shareholding have an impact on both primary and secondary establishment
Public interest objectives are largely the same in all Member States, with high quality of services and independence of the profession, cited most frequently.
However, the means chosen to meet those objectives in many cases diverge.
Proportionality assessment of imposed requirements, not done thoroughly enough, in particular where different requirements are applied cumulatively.
Some MS relaxed their rules , other still maintain them.
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12. Points of Single Contact
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13. Why PSCs are crucial for administrative simplification?
Contribute to the simplification of the administrative environment for business by:
Introducing a shift from paper-based administration to electronic ones
Increasing e-procedures to cut red tape
In the medium and long run - generate savings for the public administrations
Reduce transaction costs and time for businesses
Ensure transparency and legal certainty about legal requirements
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14. PSCs state of play All PSCs in place
But most of them do not yet live up to the businesses' expectations
Too often offer only services covered by the Services Directive
Not all procedures online, their cross-border completion remains particularly challenging
Low user-friendliness & foreign language (availability and extend of coverage)
Improvement ongoing but further efforts necessary in particlar on e-procedures
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15. PSCs: way forward PSC Charter agreed with the MS:
Supported by HLG of the Competitiveness Council in June and reinforced by a commitment in Competiveness Council conclusions December 2013
Sets criteria for successful PSCs that go beyond the Services Directive
PSCs to become comprehensive e-government portals for businesses
EC will assess the progress achieved
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