European services e-card Brussels, 22 nd May 2017 1 1.2 Why a - - PowerPoint PPT Presentation
EFTA workshop on the COM proposal for a European services e-card Brussels, 22 nd May 2017 1 1.2 Why a proposal on a European Services e-Card? a. Rationale behind the proposal b. Main features of the proposal c. Key benefits of an e-card
Brussels, 22nd May 2017
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Robert Strauss, HoU DG GROW E1
a) Rationale behind the proposal (1/2)
Services Directive has unexploited potential
some important sectors, service providers still face significant obstacles when going cross-border
is particularly the case for business services and construction Opportunities for growth and jobs are not captured
regions in the world
widely recognised (IMF, OECD, World Bank, etc.)
1 Eurobarometer, "Internationalisation of SMEs", 2015
Internal market in services remains underdeveloped
Source: Eurostat
0% 20% 40% 60% 80% 100% % intra-EU trade % EU economy Services Goods Other
a) Rationale behind the proposal (2/2) What type of administrative barriers do cross- border service providers face?
b) Main features of the e-card (1/4)
(1)
administrative simplification and reduce uncertainty to service providers going cross-border and (2) build up trust and
more information to national authorities
electronic platform connected to the Internal Market Information system (IMI)
covered by the Services Directive
Member State on a voluntary basis
b) Main features of the proposal (2/4)
providers interact with
single coordinating authority in the home Member State in the local language
States, with clear roles, steps and timelines
per host Member State requirements and sectors concerned in accordance with legislation of home and host Member State
b) Main features of the proposal (3/4)
cross-border provision
services – ensuring issue of e-card after 3 to 5 weeks
establishment (setting-up
a branch/agency/office) – ensuring issue of e-card after 7 to 10 weeks
provider questions/clarifications which suspends deadlines
any time (justified by issues such as bans on provision
b) Main features of the proposal (4/4)
same electronic platform connected to IMI;
solution for Member States: declaration through the same electronic platform relating to the posting of workers.
about insurance coverage in the e-card through a harmonised form;
for insurance distributors to provide a harmonised statement of claims, which must be taken into account by insurers in host Member States;
cover to cross-border providers in a non-discriminatory manner.
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c) Key benefits of the e-card
For service providers
controls/less administrative burden
clearly set out
procedures
controls and competent authorities
home MS
already contained in the e-card shall be reused For Member States
controls/less administrative burden
e-card holder in home MS
forum shopping and shell companies
and centralised supervisory mechanism - fraud fighting For users of services
service recipient/consumer confidence
ability to provide services in host MS
service providers active cross-border
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António de Sousa Maia, DG GROW E1
wishing to expand operations cross-border
Service provider E-card procedure Administrative facility 1 – professional qualifications Administrative facility 2 – posting of workers (opt-in) Service-specific prior authorisations and/or prior notification schemes (in sectors covered) 1 Other procedures and formalities not covered by the e-card (when applicable) 2 Proof
legal establishment in home MS and information in the e- card can be used in the context of these
(subsequent) procedures and formalities
5. Social security and non-posting labour formalities
Recognition
professional qualifications (PQD) – potentially European Professional Card replaced by the uniform harmonised e-card procedures and related administrative facilities
(before service provision starts)
Article 5 e-card Directive Articles 4 and 6 e-card Directive
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Relevant EU legislation Services most concerned Requirements most concerned
Services Directive All services covered Potentially all For cross-border service provision only those requirements that comply with Article 16 of the Services Directive may be applied by the host Member State. For secondary establishment, Chapters III and V of the Services Directive are fully applicable. Public Procurement Directives All services covered Good repute, economic/financial capacity, technical/professional capacity/ security clearence (military) (mutual recognition – recital 1, Articles 62, 64 Classic, recital 4 Concessions, Articles 18,22, 42, 43, 44, 46 Military) Energy Directives (RES, Energy Efficiency, EPBD) Construction, Energy efficiency- related consulting services All market access controls put in place, with the exception
(mutual recognition – Article 14(3) RES, Article 16(3) EED) Package Travel Directive Travel agencies Insolvency protection (mutual recognition – Article 18) Accreditation Regulation Construction services Certifications based on mandatory technical standards, in particular ISO EN standards (mutual recognition – Article 11(2)) … … …
fully applicable under the issuance procedure
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formalities (in host MS and in all other MS)
E-card as proof
establishment in home MS Information contained in the e-card
E-card replaces procedural steps related to legal establishment (as defined in e- card legislation) in home MS
Information in e-card can be used in the context
these
procedures and formalities
(possibly) Automatic fill- in of information in these e- procedures Acceptance of e- card as source of reliable information in other MS
Recognition/Declaration of professional qualifications (PQD) – potentially European Professional Card Recognition/Declaration
professional qualifications (PQD) – potentially European Professional Card
Article 4 e-card Directive Article 6 e-card Directive
Indefinite in time Nationwide Case-by-case derogation (temporary cross- border services) Supervisory mechanism at all times
! !
Temporary cross- border provision Secondary establishment Authorisations can be justified for each additional branch/agency/
!
Article 7 e-card Directive 14
for coordinating authorities
MS detects reason to trigger suspension/revocation Coordinating authorities in home and host MS Competent authorities in home and host MS E-card holders report events to issuing coord auth (supervision events + mere updates) exchange information within same MS (supervision events + mere updates) Host MS introduces case-by-case derogation Alert mechanism 15 Closed list of reasons including non compliance with conditions applicable to temporary cross-border provision/secondary establishment under national law, in accordance with EU Law
Which events trigger revocation/suspension
Events which impact the right of the e-card holder to continue to legally provide services
procedure to issue an e-card
(including permanent services under an e-card for temporary cross-border services) Revocation
relation to host MS (Art. 15) Revocation
for a certain service activity (Art. 16)
with the SD under an e-card for temporary cross-border services)
temporary/permanent ban on service provision in the host MS
in the home MS Suspension or revocation Suspension or revocation
Relevant EU legislation Services most concerned Penalties for breach of requirements Provisions on administrative cooperation
Services Directive All services covered (recital 43) Chapter VI Public Procurement Directives All services covered
Procurement Directive Energy Directives (RES, Energy Efficiency, EPBD) Construction, Energy efficiency- related consulting services Article 13 EED Article 27 EPBD Article 16(3) EED Package Travel Directive Travel agencies Article 25 Article 18 (insolvency protection) Accounting Directive Accounting services Article 51
… … …
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ESTABLISHMENT Recognition of professional qualifications for professionals required by the host MS of self-employed e- card holder and/or its staff? TEMPORARY PROVISION Declaration in advance (Art. 7 PQD) required by the host MS
holder and/or seconded staff? No formality required No No No formality required Regulated professions with public health and safety implications without automatic recognition? Yes EPC already available? Yes Yes No Not covered No EPC already available? Reference to EPC provided Declaration possible through electronic platform available in IMI Yes No Yes
SDG e-procedures (areas listed in Annex I Reg.) SDG Information (areas listed in Annex I Reg.) SDG assistance and problem solving Established at MS level Established at EU level Introduced by SDG Regulation (Annex II) Made available under other EU law (e.g. PSC) Made available under
(e.g. EPC, e-card)
Quality rules and governance model + Links to national/EU websites Quality rules and governance model + Links/service finder to national/EU websites Links to national/EU websites
SDG Exchange of evidence tool
SD + PQD + PubProc potentially
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Non-discriminatory access, quality rules and governance model
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Frank Vandermeeren, DG GROW E1
The service provider
(host) MS
The host Member State
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Electronic platform connected to IMI E-card procedure Administrative facility – posting of workers
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Electronic platform connected to IMI E-card procedure Administrative facility – posting of workers
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First stage: application
Situation without an e-card Service provider
rules in host MS are complex and
available in local language
gives limited information, in local language only In spite
legal
Legal advisor contacts host MS authorities to understand and clarify requirements
application form in host MS language
documents on insurance and technical capacity In spite of legal
Up to several weeks/months Service provider hires services of a legal advisor in host MS Situation e-card Few days Service provider Registers in the e- card platform in IMI (once in a lifetime)
in multilingual electronic form
multilingual insurance certificate and (possibly) supporting document
technical capacity (description multilingual + automatically translated)
Second stage: evidence gathering
Service provider contacts several authorities in home MS to obtain supporting documents proving legal establishment (e.g. sector specific authorities if any plus business register authorities, tax authorities) Situation e-card Up to several weeks 1 week C
C
Service provider
services of a translator in host MS
by locally qualified person Submission of supporting documents (plus application form) in paper form to authorities in the host MS In spite of legal obligations under SD
authority receives application (and supporting documents)
supplement application (if needed) Home MS coordinating authority contacts competent authorities and accesses national databases to check information regarding legal establishment and other aspects relevant under home MS law and cross-border databases such as BRIS Submission of application (electronically) by home MS coordinating authority to the host MS coordinating authority Situation without an e-card Deadline suspended for supplementing application
Third stage: checks by host MS
Host MS Host Member authorities have questions on the information received and want to do further checks Contact relevant competent authorities in the home MS for further information via IMI (often difficult to find which home MS authority is the right contact) Use databases available cross- border to do checks, such as BRIS and insolvency registers Ask the service provider directly for further information (language/translation issues) Situation e-card C Can take several weeks, depending on number of issues to clarify Host MS receives clarifications from various sources Host MS Host Member coordinating authority has questions on the information received and wants to do further checks Uses databases available cross- border to do checks, such as insolvency registers C Asks the coordinating authority in the home MS and the service provider for further information (multilingual structured issues + automatic translation) (home MS authorities and service provider work together) Host MS receives clarifications in a coordinated way C 2+2 weeks 2+2 weeks (cont.) Deadline suspended Situation without an e-card
Fourth stage: decision making
Host MS Host MS authorities take decision on application by service provider (often notified in paper form) Host Member decides not to
requirements or remains silent
Host MS
C Situation e-card Home MS issues the e-card (electronically) 2+2 weeks (cont.) No official deadline - can take a long time, depending on number
Without delay or automatically after 2+2 weeks Situation without an e-card
Electronic platform connected to IMI E-card procedure Administrative facility – posting of workers
Administrative facilities – posting of workers
Service provider taking workers cross-border Electronic submission
authority in the host MS Fills out electronic multilingual declaration form (for all workers) Fills out electronic declaration forms in host MS language (separate for each worker) Electronic submission
form to the competent authority and the coordinating authority in the host MS C Service provider taking workers cross-border Situation if host Member State does not "opt in"
Situation e-card if host MS "opts in"
The service provider
(intra-corporate transfer) The host Member State
MS rules (in order for branch to register as a member of a sector-specific authority – a professional chamber)
Electronic platform connected to IMI E-card procedure Administrative facility 1 – professional qualifications Administrative facility 2 – posting of workers
First stage: application
Service provider Legal advisor contacts host MS authority to understand and clarify requirements Up to several weeks/months Service provider hires services of a legal advisor in host MS Situation e-card Few days Service provider Register in the e-card platform in IMI (once in a lifetime)
electronic form
multilingual insurance certificate
application form in host MS language
supporting documents on insurance In spite of legal
SD Service provider adapts in home MS to comply with management requirement
host MS Situation without an e-card
host MS are complex and
local language
gives limited information In spite
legal
under SD
Second stage: evidence gathering
Situation e-card Up to several weeks 1 week C
C
Service provider Services provider requests certification/ authentication of documents by official
Submission of supporting documents (plus application form) in paper form to authority in the host MS In spite of legal
authority receives application (and supporting documents)
supplement application (if needed) Home MS coordinating authority contacts competent authorities and accesses databases to check information regarding legal establishment and other aspects verifiable/relevant under home MS law and cross-border databases such as BRIS Submission of application (electronically) by home MS coordinating authority to the host MS coordinating authority
hires services of a translator
translation Service provider contacts several authorities in home MS to obtain supporting documents proving legal establishment and management situation (sector specific authority if any plus business register authorities, tax authorities) Situation without an e-card Deadline suspended for supplementing application
Third stage: checks by host MS
Host MS Host Member authority has questions on the information received and wants to do further checks Contacts relevant competent authorities in the home MS for further information via IMI (often difficult to find which home MS authority is the right contact) Uses databases available cross- border to do checks, such as BRIS and insolvency registers Asks the service provider directly for further information (language/translation issues) Situation e-card C Can take several weeks, depending on number of issues to clarify Host MS receives clarifications from various sources Host MS Host Member coordinating authority has questions on the information received and wants to do further checks Uses databases available cross- border to do checks, such as insolvency registers C Asks the coordinating authority in the home MS and the service provider for further information (multilingual structured issues + automatic translation) (home MS authorities and service provider work together) Host MS receives clarifications in a coordinated way C 4+2 weeks 4+2 weeks (cont.) Deadline suspended Situation without an e-card
Fourth stage: decision making
Host MS
Host MS authority takes decision on application by service provider (often notified in paper form) Host MS C Situation e-card Host Member asks for compliance with requirement (case-by-case decision) linked to management concerns 4+2 weeks (cont.) Several weeks C Host MS asks the coordinating authority in the home MS and the service provider for further information (multilingual structured issues + automatic translation) Deadline suspended Service provider proposes alternative route for compliance through mutual recognition and provides evidence Host MS authority registers (pro forma) e-card holder as member of professional chamber Without delay Host MS authority registers company as member of professional chamber Host MS issues the e-card or, if host MS remains silent, e-card is issued automatically (electronically) 1 week Situation without an e-card
Electronic platform connected to IMI E-card procedure Administrative facility 1 – professional qualifications Administrative facility 2 – posting of workers
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Administrative facilities – professional qualifications
Situation e-card
C
Service provider taking workers cross-border Submission of the declarations and supporting documents in paper form to authority in the host MS
multilingual declaration form (for all workers)
supporting documents (description multilingual + automatically translated)
hires services of a translator
SD/PQD, still may need to fill out paper declaration forms in host MS language (separate for each worker)
documents Electronic submission
form and supporting documents to the competent authority and the coordinating authority in the host MS Service provider taking workers cross-border Situation without an e-card
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Electronic platform connected to IMI E-card procedure Administrative facility 1 – professional qualifications Administrative facility 2 – posting of workers
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Administrative facilities – posting of workers
Situation if host Member State does not "opt in" Situation e-card if host MS "opts in" Service provider taking workers cross-border Electronic submission
authority in the host MS Fills out electronic multilingual declaration form (for all workers) Fills out electronic declaration forms in host MS language (potentially separate for each worker) Service provider taking workers cross-border Electronic submission
form to the competent authority and the coordinating authority in the host MS C
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