services directive implementation in the uk construction industry council meeting craig belsham berr

Services Directive Implementation in the UK

Construction Industry Council MeetingCraig BelshamBERR

SERVICES DIRECTIVE IMPLEMENTATION28 February 2008

Services Directive - Timetable

• Published in Official Journal 27 December 2006http://eur-lex.europa.eu/LexUriServ/site/en/oj/2006/l_376/

l_37620061227en00360068.pdf

• UK Consultation Exercise Launched 5th November

• Closed 11 February 2008

• Govt Response Published within 3 months.

• Effective Implementation Deadline: end 2009


Services Directive – key points

• A “single market” measure

• Deregulatory, liberalising...

• UK a strong supporter

• UK stands to benefit hugely


Services Directive affects?

• Service providers

• But not (non-exhaustive list):

– Financial services; e-comms and audiovisual; transport; healthcare; gambling; social services (some); private security; tax;

– Criminal law; labour law

– Rules deriving from other EU law

– Rules of general life

– Rules promoting cultural/linguistic diversity


Services Directive - key elements

• Removing barriers to market entry (“screening”)

• Electronic information and procedures (“Point of Single Contact – PSC”)

• Regulators talking to their counterparts (“Administrative Co-operation/Mutual Assistance”)

• Improving consumer rights (“Quality of Services”)


Removing Barriers (“Screening”)• Unnecessary and complex regulatory

requirements in different members States hinder cross-border service provision

• Need to check for restrictions which can’t be justified, e.g.:

– discriminatory

– disproportionate

– unnecessary • Abolish them: or• Explain in detail how we justify those we are

keeping


Screening - our approach

• Examine legislation at national level

• If necessary, change it

• Examine regulation at local/sectoral level

• If necessary, change it

• Establish how regulators at local/sectoral level operate the legislation in practice

• Help prepare them to operate consistently with the Directive


Screening - is a particular requirement caught?

• Is it a restriction?

• Does it relate to a service?

• Is that service in scope?

• Is the restriction discriminatory?

• Is it proportionate?

• Is it justified?


Screening – emerging conclusions

• Very close link to better regulation/simplification agenda – much UK activity in recent years

• UK historically has open market, with little regulation targeted specifically at overseas providers

• Very few changes identified at national level – where we impose restrictions they generally seem to be justified

• But need to dig further beyond the level of primary legislation


Screening – sectoral bodies

• Sectoral bodies (e.g. trade and professional organisations) well-placed to identify existing barriers in UK legislation

• But Directive applies also to any “restrictions” which they themselves impose

• Generally will be clear from legislation where organisations have a regulatory role

• But keen to work with sectoral bodies to help them understand what they might need to consider


Point of Single Contact - What does the directive require?

Establish a point or points of single contact through which the following can easily be completed at a distance and by electronic means:– All procedures and formalities needed to provide their

service, especially declarations; notifications; inclusion on a roll or database; registration with professional bodies

– applications for authorisation from competent authorities

– Information relating to requirements and the way they are generally interpreted; contacting competent authorities; access to public registers; redress mechanisms; sources of practical assistance more generally;

Points of single contact and competent authorities should respond as soon as possible.


Point of Single Contact (PSC) - Simplification

How do we view the PSC in the UK?• See PSC as an opportunity to promote business opportunities

in the UK and a springboard for enhanced competition and productivity.

• Key issue is simplification. There is already a huge amount of information and support available to businesses in the UK - the biggest problem is navigating through it all.

• In England currently Business Link (BL) provides much of the necessary source material in the UK (equivalents in devolved bodies) and this type of site will be the foundation for the PSC.

• PSC will add an extra level of transactions so that where a service business needs to comply with a registration or licensing regime they can do so remotely and electronically.

• PSC not about removing existing powers from regulatory authorities or creating new administrative barriers to doing business in the UK.


PSC User Requirements

• Comply with Articles 6-8 of the Directive.

• User Requirements Study – June 2007.

• Encourage views on the Results of the Panlogic work (available on the website):

http://www.berr.gov.uk/files/file40401.pdf

• Other users needs – CAs, Consumers?

• Plain English – case for other languages?


Electronic Means?

Access to licence applications needed remotely by electronic means. How is this to be interpreted?

• Not completely clear yet but not sufficient for service provider to be sent a form in the post.

• Doubt whether online PDF to be printed, filled in and sent back by post acceptable (variations?)

• Online completion and electronic submission safest in terms of compliance.

• Online payment of fees necessary?


Processing by competent authorities

• Once received processing need not be electronic.

• Directive has built in timescales to encourage swift response.

• Failure to respond at all within advertised time implies licence is granted.

• Can extend period once (within original timeframe).

• Response to service provider should be electronic – via the PSC?


Other issues for comment?

• Just One PSC in the UK?

• Support for users – telephone, email?

• Keeping it up to date – reliability of advice.

• What can be done now remotely direct with competent authorities?

• What data is needed by CAs? Signatures?

• EU branding – how to make the PSC readily accessible?


What might the UK PSC look like?

• Integration with Business Link and associated websites.

• Journey through the PSC to completion with the Competent Authorities.

• Signpost for useful information beyond directive requirements.

• Free access to information?


Summary - The Point of Single Contact

• Makes information available on requirements that need to be met in order to provide services in a Member State.

• Website through which all necessary authorisations, registrations and permissions can be sought electronically.

• Will enable provision of required information (e.g. on redress) to consumers.

• Need not be multilingual.


Administrative Co-operation

• Co-operation between “Competent Authorities” (regulators) in different Member States to enable proper supervision of services and reduce burdens on themselves and service providers.

• National Liaison Points in each MS but authorities will be able to exchange information directly.

• Commission has developed electronic Internal Market Information (IMI) system to help communications.


What are Competent Authorities?

• Supervisory or Regulatory Role in relation to service activities.

• Provider of Mutual Assistance to opposite numbers in other Member States.

• Supervise effectively across the EU

• List in Consultation Document but may not be exhaustive – e.g. will include local authorities in their licensing role.


Who is responsible?

• Most regulatory supervision will be the responsibility of the “home” authority (in the member state of establishment)

• Home authority needs to be able to request help from the “host” authority – in the state where the service is temporarily being provided

• Host authority must help, but consistent with its other powers, data protection law, etc

• In a very few case, host authority may be responsible for supervision.


What is the National Liaison Point and where should it sit?

• Advises Competent Authorities when MS regulator is not readily identifiable

• Provide registration with the IMI system

– compulsory or voluntary?

• Provide Training to Competent Authorities

• Sit in BERR?


Quality of Services – why?

• As market opens, need to enhance consumer confidence in purchasing services from operators from other members states

• Important that consumers have clear rights, and access to good-quality information


Quality of Services – information

• Obligation for service providers to make certain information available:

– In all cases (e.g. name and address, general conditions, pre-determined price, insurance etc)

– On request (e.g. discretionary pricing, codes of conduct, rules of regulated professions etc)

• Several options as to how information is made available (e.g. website, documents etc)

• Likely that most reputable service providers will already be providing this information


Quality of Service - redress

• Service Providers will need to “respond to complaints in the shortest possible time and make their best efforts to find a satisfactory solution”

• Want to avoid inflexible, one-size-fits-all approach when translating this into the UK context

• Considering options for Enforcement of quality of service obligations consistent with Hampton


Next steps • Investigating technical aspects of PSC now

– Analysis of Gaps

– Sub-Project Board

– Practical delivery minimums

– Options – ready to start build second half 2008

• Govt response to be issued in May

• Secondary Legislation

• Effective Implementation Deadline: end 2009


Services Directive Implementation Team – Key Contacts

• BERR Director – Pat Sellers (020 7215 5884 [email protected])

• Screening/Administrative Cooperation – Charles Phillips (020 7215 2246 [email protected])

• PSC – Craig Belsham (020 7215 5884 [email protected])

• Quality of Services – David Hingley (020 7215 5952 [email protected])

mailto:[email protected]




Services Directive Implementation –28 February

2008

THANK YOU!

services directive implementation in the uk construction industry council meeting craig belsham berr

Documents

directive slide

services directive key

services directive timetable

uk legislation

financial services ecomms

uk activity

barriers screening unnecessary

level of primary legislation