Making the Services Directive Work
Services Directive and
why it matters
Dublin 6 March 2014
Outline of the presentation
I.
•
-
General introduction to the Services Directive
- A framework Directive with exclusions
- Economic importance
- Contents of the Services Directive
- Implementation and future notifications.
II. Points of Single Contact
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Services Directive
Horizontal “framework” Directive:
covers all service activities unless they are explicitly
excluded: e.g.
1. - commerce and retailing,
2.
3.
4.
5.
-
construction and crafts,
business- related services (consultancy, advertising etc.),
most regulated professions,
tourism, etc.
Complements the existing EU “acquis”: specific
provisions of EU law prevail in case of conflict
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Exclusions
• financial services, telecommunications,
transport services
• 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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Economic importance of services in general
• Services represent around 70% of EU GDP and total
employment
• Over the last decade, rapid and sustained shift from
industrial production to knowledge-based services
• Services have been the source of all net job creation in
recent years / 9 out of 10 new jobs
• About 75% of services trade concerns the supply of
services to other business, in particular industry
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Economic importance of the sectors
Services
covered under
the Services
Directive:
45% of EU
GDP
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Economic importance of the
implementation of the Directive
• + 0,8% of EU GDP within 5 to 10 years as
implemented.
• + 2,6% of EU GDP within 5 to 10 years if Member
States eliminated almost all remaining barriers
• Impact differs between Member States depending
on:
– Extent of barrier reduction
– Barrier reduction by trading partners
– Economic importance of the services sector
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4.5
4
Impact GDP 2011 Minimum
implementation
3.5
Impact GDP 2011Full
implementation
3
2.5
2
1.5
1
0.5
0
CY
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ES
UK
LU
NL
DK
AT
SE
FR EU27 EE
MT
EA
BE
DE
IE
EL
PT
IT
LV
FI
CZ
SI
HU
PL
LT
BG
SK
RO
8
Contents of the Services Directive
• Administrative simplification and Points of
Single Contact
• Freedom of establishment (internal and crossborder cases) – remove unnecessary barriers
• Freedom to provide/receive cross-border
services – remove
• Quality of services (insurance)
• Administrative cooperation (Internal Market
information System (IMI)
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Implementation until 2009 and in
the future
To implement the Services Directive correctly:
need to know what is existing and what needs to be
done/amended, i.e. need to SCREEN the existing
legislation, covered by the Services Directive
- Initially linked also to the obligation to report to
COM (art 39) for specific requirements.
- May need several iterations.
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Notifications via Internal Marekt
Information System (IMI)
For any new legislation: obligation to notify the
COM and other MS requirements falling under:
• Art 15 (establishement requirements to be
assessed)
• Art 16 (requirements imposed on cross-border
service provision)
• Disproportionnate barriers to business and to
trade?
Recommended to notify draft regulations to ease
changes if needed.
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Point of Single Contact (PSC)
Administrative simplification (Art. 5):
MS need to examine and simplify their existing
procedures and formalities
In principle, authorities should not ask for:
• Original documents
• Certified copies of documents
• Certified translations
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Points of Single Contact (PSC)
 A most tangible benefit for businesses: one
interlocutor to get information and complete
procedures
 Linked to the general obligation to simplify procedures
 First “horizontal” legal obligation for Member
States to provide for e-government services for
businesses
 Accessible for national & foreign users
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PSC: information provision
 Obligation to provide information on all procedures and
formalities necessary for given activities. No need to
contact different authorities/bodies anymore
 company registration, professional qualifications
 Information to be covered:
 requirements for procedures and documents to be
submitted, contact details of the authorities, means of
redress etc.
 Use of plain and intelligible language
 Assistance to questions from business
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PSC: completion of procedures online
 Businesses should be able to complete the
necessary procedures and formalities to start or
exercise an activity by electronic means and
at a distance
 Both for national users but also for users
from other MS (using their own means).
• Cross-border access is a MAJOR CHALLENGE
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PSC: what is not mandatory but would
be best practice for business?
 PSC to become a comprehensive e-government for
business
 Cover procedures and sectors outside the SD
 Income tax, VAT, social security registrations etc.
 Take business user's perspective
 Provide also information & assistance on other issues
relevant for the business users (e.g. access to finance)
 Foreign language availability
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Support tools available
 EUGO Network– cooperation with other MS
and sharing of best practices
 E-Procedures
 Legal framework
 Practical tools to support creation and validation of esignatures (open source software)
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PSCs in the MS – results so far (June 2012)
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PSC Charter: towards more ambitious PSCs
Agreement at political level to go beyond the SD
for business purposes;
Regular benchmarking against common criteria,
covering:
 Quality and availability of information
 E-procedures
 Accessibility for foreign users
 Usability
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Thank you for your attention!