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Implementing the EU Services Directive- October update

Welcome to the October update on the Services Directive and its implementation in the UK. You will now be aware that we are issuing all PLPs with these monthly newsletters as well as mid-monthly technical notes detailing more IT-focused milestones from now until the 28th December deadline. In the meantime, we are regularly updating our website where you can also find all the latest information. Please see a list of latest changes to Legislation and Formality lists below:

Point of Single Contact Update

The initial ELMS portal site goes live!

1. The initial ELMS portal site is now live and can be found at http://elmsportal.businesslink.gov.uk. We hope that this new resource will help you and your colleagues in the run-up to the implementation deadline of 27th December 2009. This is designed to be a “one-stop” shop for all the information you will need in the next few months, making it easier to find the right information at the right time.

This newsletter and our next technical note to be issued in 2 weeks’ time will update you on recent and planned additions or changes to the initial ELMS portal site (e.g. publication of guidance information), especially in relation to the Task List. Please have a good look around the site as it provides you with essential information you need to know in order to complete each of the key tasks.

We will be continually updating the site when more information becomes available. Therefore, we strongly recommend that you bookmark the site in your ‘favourites’ and visit the site on a regular basis.

Website Toolkit

2. As outlined in previous communications, Article 7 of the Services Directive requires that certain information is made available to service providers. We have since devised a website toolkit to help you with this process. The first batch of templates will be published during October and will be available on ELMS - see http://elmsportal.businesslink.gov.uk/authority/tasks/16


System Compatibility to ELMS

3. You should now start testing the compatibility of your computer specification to ensure ELMS will operate as expected. For further information see http://elmsportal.businesslink.gov.uk/authority/tasks/8

ELMS Roles

4. We would like you to start thinking about which staff will be undertaking the roles of ‘administrator’ and 'operational user' for ELMS. We will send out a detailed guidance outlining the tasks that each role will be able to carry out on the system. For further information see - http://elmsportal.businesslink.gov.uk/page/Description+of+Roles


Back Office Processing and Configuration

5. Recently, we have received feedback particularly from Local Authorities that there is some concern around back office integration with ELMS.

Please note that no connection to any back office system is planned at this stage. You will be able to download licence applications from the system and you will then be able to handle them using your current processes.

To clarify, if a Local Authority already has an online interface to a back office system, it only needs to provide the link to the relevant page. Alternatively, the Authority can use ELMS which will provide standard forms that can be used by the Local Authority, by logging in and retrieving the information.

6. In the next two weeks we will be uploading the following information onto ELMS:

Where are you with your implementation?

7. In our last technical note, we asked you to send us regular reports so that we can evaluate progress. In order to make this easier, we are sending you the same report but have changed the format to a spreadsheet, attached to this email and that can also be found on the initial ELMS portal site.

The report asks you to indicate your status regarding a number of key tasks. As well as providing us with information, it is a useful roadmap for you also.

The initial ELMS portal site gives you details about each task including:

  • a task description
  • the date by which the task should be completed to ensure you are compliant with the Service Directive in due time
  • any supporting documentation or information you need to complete the task.

BIS is completing some tasks descriptions which will be updated before the next newsletter/technical note. As we do not want to submerge you with a deluge of emails, please refer back to the ELMS site as well as the community of practice which will announce any new developments.

ELMS website: http://elmsportal.businesslink.gov.uk

ELMS- Action Checklist

8. By now you should have:

 

Licensing Act 2003: Consultation

9. On 1 October, the Department for Culture, Media and Sport (DCMS) launched a consultation on a new electronic application process for licences and other authorisations under the 2003 Act. The Consultation explains how the Act must be changed to comply with the Services Directive and asks for views on the detail of the proposals. The main change is that Licensing Authorities, rather than applicants, will be responsible for copying electronic applications to the police and other ‘Responsible Authorities’ to meet the Directive requirement for a Point of Single Contact. The consultation runs for only 6 weeks, so make sure that your views are heard. The Consultation can be found at http://www.culture.gov.uk/reference_library/consultations/6364.aspx

Forms Published

10. A number of finalised forms are now published on the community of practice. These forms are not for consultation anymore, but published for information. The community of practice allows comments and discussions linked to each form which you may use to discuss any aspects. You may of course use the usual forums/wiki/library to exchange views with colleagues.

Community of Practice: http://www.communities.idea.gov.uk (search for EU services Directive)


Screening

11. All local authorities in England should by now have returned all screening reports (deadline 30th September 2009). If you have outstanding reports can you please ensure that BIS receives them this week. Reports from local authorities in Northern Ireland, Scotland and Wales must be received by the 16th October 2009.

Screening: Model IPM forms for the Local Government (Miscellaneous Provisions) Act 1982

12. Tattooing, hairdressing, ear-piercing and acupuncture services are regulated by the Local Government (Miscellaneous Provisions) Act 1982. All local authorities have their own byelaws implementing this Act. Instead of having separate IPMs for every byelaw, BIS have drafted an IPM form for each of these services. There is no need for you to fill in separate IPMs for these services unless you have imposed requirements that differ from those in the forms.

Please see the 4 IPM forms drafted by BIS below:

Word document (161KB)

Provision of Services Regulations 2009

13. EU member States are required to implement the Services Directive into their national legislation. We plan to lay a draft of The Provision of Services Regulations 2009 before Parliament in October, and they are expected to be debated in November in both Houses. They are due to come into force on 28 December 2009.


Internal Market Information (IMI) System Update

14. The IMI pilot system is now well under way with over 80 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.

We are also particularly keen to see the UK authorities send a practice 'fictional request' to authorities in other Member States. Only by gathering feedback from authorities’ experiences of using the system will we be able to make improvements and improve future usability. For further guidance on sending a request please visit our webpage below.

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.

15. 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.

16. 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 400 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


Business Communications

17. Towards the end of September we sent an electronic communication out to various businesses, business organisations, trade associations, and other networks that reach out to business to raise the profile of the Directive. The communication included high level messages on the benefits and opportunities of the Directive, as well as advising of the requirements for service providers to supply certain information to recipients.

We also included copies of our flyers for business, and where appropriate, a standard presentation that could be used by organisations when talking to their members.
The flyers can be found at:

and

If you would like hard copies of these flyers or to see a copy of the presentation, please contact us on servicesdirective@bis.gsi.gov.uk.

Comprehensive guidance for business on the Provision of Services Regulations 2009 will be available on our website in early October.