Implementing the EU Services Directive – June 2010 update for Competent Authorities
New facilities on ELMS
1. To note that information about the new release of ELMS available wef 27th May can be found at: http://elmsportal.businesslink.gov.uk/news/show/29. This release included the integration of the Bibit payment engine into ELMS and so those authorities that use Bibit can now deploy their formalities.
URGENT REMINDERS:
If you are using the BIS forms service…
If you intend to use the BIS forms service (mode 3) and have not yet begun the form development process, you must do so immediately. Please note that:
• The forms development process will take about 3 months to complete
• Your authority will have to meet the costs of developing any forms needed
• You must have an account with one of the payment engines ELMS will support if you collect any fees
Please consult the detailed form creation guidance available under Task 3 on the ELMS portal. If you would like BIS to create your electronic forms and have not already submitted a completed template, you must contact elms@businesslink.gsi.gov.uk immediately.
If you have already submitted a template and your form is in development, please ensure that it is progressed and finalised as soon as possible.
If you are hosting your own electronic forms…
If you intend to use your own electronic forms (mode 1), please note that:
• You are legally required to provide a deep link directly to the UK PSC and you will therefore need to provide your website links (URLs) by responding to email 2 BIS issued in March
• If you are developing your own forms, you must tell us the “go live” date
• Please also consult the Website Toolkit Guidance document under ELMS Task 14 at: http://elmsportal.businesslink.gov.uk/media/show/67 for further details on how to link to the PSC as well as the information you are now legally required to present on your website
• You must be able to accept payments electronically if you collect any fees
If you plan to use your own electronic forms but your system is still in the early stages of development, consider using ELMS as an interim measure in order to achieve compliance more quickly.
Task 5 & Task 8: emails 1 & 2 re providing URL links and formality configuration information
2. BIS issued email 1 on 10th March and email 2 on 18th & 19th March to those authorities that had not already provided this information. Email 1 requests information about your authority to go on the PSC and email 2 asks you to provide the relevant URL links and tacit consent information. Please note that this information is required from all authorities irrespective of whether they are using their own forms or the BIS forms service.
Further information about these tasks can be found on the ELMS portal at:
Task 5 - http://elmsportal.businesslink.gov.uk/authority/tasks/6
Task 8 - http://elmsportal.businesslink.gov.uk/authority/tasks/9
Please contact servicesdirective@bis.gsi.gov.uk if you have not received emails 1 & 2 (or are not sure!)
Task 10: Accepting Electronic Payments
3. If you accept fees, you must also be able to accept payments electronically. If you intend to use the BIS forms hosted on ELMS (mode 3), then you will need to have an account with one of the payment providers ELMS will be supporting (Civica, Capita, Worldpay, Northgate and, as from 27th May, Bibit). If you intend to use your own forms (mode 1) then you are free to choose whichever payment provider you wish, including any of those listed.
4. Further advice and guidance on ELMS and Payments can be found in the “Implementing Payments – ELMS Electronic License Management System” document that can be found on the Community of Practice, that can be accessed in “Related Links” under Task 10 at:
http://elmsportal.businesslink.gov.uk/authority/tasks/11
Task 14: Preparing your Authority’s Website Content
5. All authorities are legally required to make certain information available on their website.
Further details are available under Task 14 on the ELMS portal. In particular, please refer to the Website Toolkit Guidance under “Related Documents” on the same page: http://elmsportal.businesslink.gov.uk/media/show/67 that sets out what information is required and why, plus details of how to link to the appropriate BusinessLink portal.
We have produced some “Hints & Tips” that you might find useful, which can be found on the ELMS portal at: http://elmsportal.businesslink.gov.uk/media/245
6. Please also consider using the EUGO logo and linking through to the Commission’s own site that contains links to other Member States’ PSCs.
Internal Market Information (IMI) system
Task 12: IMI ‘Live’ Version
7. The ‘live’ version of the IMI system has been available to authorities since January 2010 and a significant number of UK authorities have taken advantage of this facility. We highly recommend that ALL authorities register NOW to ensure that you can send and respond to any requests that your authority receives. If you wish to register your authority or have any questions about the IMI system please contact sdimi@bis.gsi.gov.uk. Registration is very easy and only takes a few minutes after which your authority will have access to the system.
Note: Should your authority receive a request you are legally required to respond to it via the IMI within the time specified by the requesting authority. If your authority is not registered and you receive a request this will be submitted through the National Liaison Point (NLP) within BIS who will contact you.
Difference between ELMS and IMI
8. The ELMS (Electronic Licence Management System) and the IMI (Internal Market Information) system are two different systems designed to ease the burdens placed upon authorities and service providers alike.
Essentially, the ELMS system is authority facing, used by service providers and competent authorities and the IMI system is used only by competent authorities.
For more information on this please see:
http://www.berr.gov.uk/policies/europe/eu-services-directive/internal-market-information-system/difference-between-elms-and-imi
Task 11: Registers
9. In order to reduce the administrative and time burdens placed upon authorities and increase the ease with which information concerning service providers can be accessed, the IMI system will hold a 'Register of Registers' for all authorities across all Member States. Under 'article 28' of the Directive, any registers of service providers that are currently available to UK authorities should be made available to authorities in other Member States. This will include public registers, and any registers which are not publicly available but are shared with other UK authorities. If any 'non-public' registers are not available online, authorities from other Member States should be informed how and where they can be accessed.
10. Prior to a request being submitted on the IMI system, authorities are required to consult with the list of registers and establish whether the information that is being sought is already available and therefore a request need not be submitted.
The easiest way to ensure compliance with the Directive will be to make a list of registers available on your authority website, with links to these registers or details of how to access them. Informing authorities from other Member States of your registers in this way will cut down on the number of information requests they send to you. The URL of the page holding the registers should be sent to sdimi@bis.gsi.gov.uk.
Further information about the IMI system, including training materials, guidance notes, details of privacy statements and registers, is available on the BIS IMI webpages or contact: sdimi@bis.gsi.gov.uk.
ELMS Solution Centre
11. The ELMS Solution Centre is your first point of call if you are experiencing any problems using the live system or if you have any questions on how to use the system. This information is regularly updated, based on feedback from users, and you should refer to this before raising a query with the ELMS team.
12. If you wish to raise any new issues and queries with the ELMS team, please use the feedback form available on the ELMS portal so that we can prioritise and deal with them more effectively.
Legacy Guidance
13. Guidance on the Provision of Services Regulations 2009 'What to do if your work affects service businesses' explains how Departments, and any organisations or bodies which fall within their departmental remit, can ensure that any future policies and rules also comply with the Regulations. It is now available on the National Archive website.
