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Welcome to our December technical note, the final communication to PLPs and interested others before Christmas, and indeed before the 28th December deadline for implementation.
1. Please rest assured that Local and other Competent Authorities are not expected to have additional resource over the Christmas period - we appreciate that this is a difficult time with regards to resources.
There will be support available from 9am- 5pm on all working days over the Christmas period (with the exception of 24th December):
2. As you will know, the EU Services Directive will become UK law on 28th December 2009 when the Provision of Services Regulations 2009 comes into effect.
Please note that this is an EU-wide deadline and as such no extensions or exemptions are possible. However, the EU Services Directive Implementation Team will continue to exist well into 2010 to provide ongoing support and guidance in order to help you fulfil your legal obligations.
3. Thank you to the majority of authorities who have been sending in their completed Task Status Reports - please remember that these are vital for us as we plan for the final stages of implementation.
We would very much appreciate an updated Task Status Report from all Local and other Competent Authorities by no later than Wednesday 23rd December.
The template is available in the document library on the ELMS portal: http://elmsportal.businesslink.gov.uk/media/48. Please send all returns to servicesdirective@bis.gsi.gov.uk with the subject title “Progress Report” and remember not to amend the form but complete as directed as it has been designed specifically to help automate inputting your return into our database.
4. Some authorities have asked questions about how they can create links and post them on their appropriate pages which will then take the user back to the appropriate ELMS formality. Guidance on how this can be done can be found on the Website Toolkit v4: http://elmsportal.businesslink.gov.uk/authority/tasks/16
5. We have developed an ELMS Solution Centre which provides you with a list of known issues with the system. This will be updated if new issues are found or resolved.
If you experience a problem whilst using ELMS please look at the list in the Solution Centre for details on the required fix or the current workaround before contacting the ELMS Team: http://elmsportal.businesslink.gov.uk/page/elmssolutioncentre
6. Due to the large number of users that require access to the Familiarisation Environment we are currently experiencing a backlog for registration. We are working through the requests as fast as possible and will notify you with your login details as soon as you have been set up.
Please note if you are not available or have not received your login details over the holiday period, you will still be able to access the Familiarisation Environment in the New Year.
7. Some authorities have asked the ELMS team whether or not their payment information has been configured. We will be posting a spreadsheet onto ELMS on Friday 18th December which will show whether your authority’s payment engine has been configured, both in the Familiarisation Environment and Live Environment.
To view this spreadsheet from Friday 18th, please click on the following link http://elmsportal.businesslink.gov.uk/authority/tasks/20
8. Please note, as mentioned in the December newsletter, that it is still our intention that public access to the live online applications facilities, for both UK and European service business users, will be available after 21st December (as part of final testing) ready for the EU Services Directive coming into force on 28th December.
Although highly unlikely, it is possible that authorities may receive applications from the 21st December, although the availability of the service will not be publicised until after 28th December.
9. Please be advised that the cost of collecting application fees should be factored into how you set application fees for all applicants.
While BIS regards it as acceptable practice for Local and other Competent Authorities to charge a premium for credit cards, it believes that penalising online users of debit cards with higher charges is potentially discriminatory against service providers who do not possess a UK bank account.
Also, given the low cost of accepting a debit card, setting a fee for online users from the UK cannot be justified. So, please make sure any premium for online applications is confined to credit cards.
10. The Licensing Act 2003 has been amended to allow electronic applications and notifications for most licensing processes. The Licensing Act 2003 (Premises Licences and club premises certificates) (Amendment) (Electronic Applications etc) Regulations 2009, which set out the new procedures, are now available on the OPSI website at: http://www.opsi.gov.uk/si/si2009/uksi_20093159_en_1
Amended statutory Guidance to licensing authorities under section 182 of the Act can be found on the DCMS website at: http://www.dcms.gov.uk/reference_library/publications/6519.aspx
11. As the launch of the Point of Single Contact on Business Link approaches, we are continuing to explain the benefits the Services Directive will bring to businesses. We are planning to reach several thousand SMEs in the next week through a direct email.
If you regularly come into contact with businesses, you may wish to contact us at servicesdirective@bis.gsi.gov.uk for hard copies of flyers and posters about the new opportunities they will have as a result of the Services Directive.
Comprehensive guidance for businesses on the Provision of Services Regulations can be found on our website:
You may find Chapter 4 particularly useful as it refers to what businesses can expect from UK Local and other Competent Authorities.
12. The European Consumer Centre for Services will be launched in the final week of December to give consumers information about their rights in other countries in the European Economic Area. The site will also have contact details for bodies in other countries where consumers can find more information or make complaints. The Services Directive requires this information to be made available. The site will be linked to the existing European Consumer Centre, which can be found at http://www.ukecc-services.net.
13. Many thanks to all those who attended the IMI workshops, we hope that they provided an insight into the system and the processes involved in sending and receiving a request.
We have had a great response from authorities to the IMI system and now have well over 200 UK Competent and Local Authorities registered and using the IMI system to send and receive test requests for information. The pilot phase is ongoing and we would strongly recommend to anyone who has so far not managed to use the system to take advantage whilst there is no danger of making mistakes. Any feedback that you have about the system is gratefully received and passed on to the European Commission for consideration when developing future versions of the system.
To assist users the Commission have agreed to keep in place a facility to send fictional requests until the end of the first quarter next year. Though not as comprehensive as the current facility it will allow authorities to practice using the system before sending a 'live' request.
For further information about the IMI system please see either the ELMS portal or the BIS IMI webpage and for IMI related questions please email: sdimi@bis.gsi.gov.uk
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