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Implementing the EU Services Directive - September update

1. Welcome to the September update on the Services Directive and its implementation in the UK. With less than 4 months to go until the 28th December deadline, our work to deliver the directive is really picking up pace. As such, we hope you will look out for this monthly newsletter and our mid-monthly technical note to keep you up-to-speed with exactly what is happening and what is required. Of course, we are continuing to update our Services Directive website where you can also find all the latest information. (A list of recent changes to the website can be found at annex A.)

Internal Market Information (IMI) system update

2. The IMI pilot system is now well under way with almost 50 UK competent and local authorities registered and using the system to send and receive information. We are encouraging ALL authorities to register for the pilot stage and take advantage of this great opportunity to test the system and provide feedback to help shape the final version of the IMI system.

To receive a simple registration form and enable your authority to take part, email sdimi@bis.gsi.gov.uk indicating your interest in the pilot stage.

3. To assist authorities in using the IMI system, we have developed an IMI webpage containing background information, training materials, latest news, registration details, peer reviews and links to the European Commission's IMI materials.

4. There is also an active IMI forum on the Communities of Practice website where users can exchange best practices, advice, examples, feedback and any other information relating to the IMI system as well as downloading the registration form. With over 250 members, this is a great tool for sharing information and advice with other IMI users whilst allowing us to collate user feedback to be sent to the Commission.

To take part please register at www.communities.idea.gov.uk

SOCITM Training for Local and Competent Authorities

5. SOCITM, on behalf of BIS, will be running ‘Implementing the EU Services Directive’ training courses in October and November in England, Northern Ireland, Scotland and Wales. These courses are for Managers and Supervisors responsible for the day-to-day running of business regulation activities in scope of the Directive.

The course will include:

  • An overview of 'Screening' - are your processes and policies compliant
  • Information on the additional website content BIS will provide; when you should use it and how to get it
  • Localising your formalities - what you need to know, and do, to set up your regulations and applications forms on the new additions to the businesslink.gov website
  • Where you can get support both before and after the Services Directive comes into practice

More information can be found on the Socitm website.

Screening

Screening at a local level

6. Local authority screening reports must be e-mailed to BIS by no later than 30th September! In May, we asked all local authorities in the UK to screen their locally used Acts, bye-laws, and any other requirements that they place on service providers to ensure that they are compliant with the Directive and to submit their screening reports to BIS by 30 September 2009. Screening flowcharts and worked examples were provided to guide local authorities through this process, and they can be found here.

So far we have received reports from a handful of authorities. If you have not started screening yet it is essential that you do so as soon as possible. Initial indications are that most local authorities will need to make relatively few amendments to their legislative requirements and administrative practices.

7. Please note that you do not need to report to us on every administrative rule or practice, or condition attached to an authorisation scheme; however, you must screen such processes to ensure that they comply with the Directive.

Screening by competent authorities

8. Competent authorities that have responsibility for imposing their own requirements and authorisation schemes on service providers must screen these as explained in the screening flowcharts.

All competent authority reporting forms need to be e-mailed to BIS by no later than 16th October 2009.

9. You need only report on legislative provisions not already picked up by our national screening exercise, not every administrative rule or practice, or condition attached to an authorisation scheme. You must screen such processes to ensure that they comply with the Directive; however, they do not need to be reported to BIS.

Electronic Payment as part of the transaction.

10. By 28th December 2009, all regulators in scope of the directive will have to offer a remote and electronic channel for licences (and other formalities) applications. The electronic transaction does also include payment. As explained in the technical note sent to all Primary Liaison Points on 3rd August, every regulator within the scope must have their own electronic payment facility, as BIS will not offer payment facilities on behalf of regulators.

11. ELMS will support four electronic payment suppliers: Capita, Civica, Northgate, and Worldpay. It makes no difference to ELMS which of these four suppliers is used so each regulator can choose any of the four suppliers for the purpose of ELMS integration. The important point is to ensure that the e-payment process is started as lead times for setting this up can take a number of weeks.

12. The technical note contains all necessary information, including contact details for the suppliers. The note is also published on the Community of Practice (www.communities.idea.gov.uk – CoP: EU Services Directive) and a linked forum discusses electronic payment.

13. E-payment actions will be included in the “task list” sent on a two weekly basis to regulators. If you have any queries about electronic payment, please do not hesitate to use the Community of Practice which has a lot of answers to most questions or email servicesdirective@bis.gsi.gov.uk.

Request for comments on draft standard national forms

14. Socitm Consulting is developing a 2nd batch of standard national forms for inclusion on the Point of Single Contact (PSC), and would like comments on the draft forms. This is your opportunity to help ensure the forms meet your local needs so it is well worth taking a look at them and recording your comments.

Different forms are available for England and Wales, Scotland and Northern Ireland respectively – go to the Request for Comments website and then just select the set of forms which is relevant to you and enter your email address to begin. You will find copies of the forms and a short questionnaire about each one on the website.

15. Please ensure all the departments that deal with licences, registrations and permits are aware of this request for comments. A single, considered response about each of the draft forms would be most helpful. But don’t delay – the request for comments closes on Friday 11th September.

Consumer portal

16. BIS has now agreed with the Trading Standards Institute (TSI) that they will provide the online portal required by Article 21 of the Directive that will enable consumers to find out more about their rights when buying services in other Member States and their means of redress. This should enable consumers to make more informed decisions when considering buying services from elsewhere in Europe and make it easier for them to widen their choice of suppliers. TSI have been chosen to provide this service because of the similarities to the service provided by the European Consumer Centre (ECC), which TSI currently run. We expect this portal to "go live" by the December 28 implementation deadline, and will provide more information, including its website address, closer to the time.

Collection of links for the PSC starts this month

17. Local Directgov already collects URLs for Services provided by Local Authorities in England to provide deep links to Council service pages from Directgov. Working with BIS, Local Directgov is extending its service to collect PSC links for the whole of the UK.

18. The collection of links for the PSC initiative starts this month. Starting with English councils, Web Portal Officers (WPOs) will be sent a spreadsheet to complete along with comprehensive advice and guidance.

Dates have yet to be finalised, but it is expected that the schedule of collection will look something like this:

  1. Early September: English LAs
  2. Late September: Devolved LAs
  3. Early October: Regulators
  4. Mid October: Competent Authorities

If WPOs have difficulty in completing and uploading the spreadsheet, they can contact localdirectgov@communities.gsi.gov.uk for practical help and assistance.

19. Local Directgov has an up to date list of all WPOs in England but we do need WPO details in Scotland, Wales and Northern Ireland.

If you have not already done so, please you send contact details (name, email and telephone number ) to: localdirectgov@communities.gsi.gov.uk as soon as possible