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Brussels, 22nd May 2017
EFTA workshop on the COM proposal for a
European services e-card
1
2
1.2 Why a proposal on aEuropean Services e-Card?
a. Rationale behind the proposalb. Main features of the proposalc. Key benefits of an e-card
Robert Strauss, HoU DG GROW E1
a) Rationale behind the proposal (1/2)
Services Directive has unexploited
potential
In some important sectors, service providers still facesignificant obstacles when going cross-border
This is particularly the case for business services andconstruction
Opportunities for growth and jobs are not captured
Productivity growth of EU services sector lags behind otherregions in the world
Benefits of a better functioning internal market in services arewidely recognised (IMF, OECD, World Bank, etc.)
Important link between services and industry
1 Eurobarometer, "Internationalisation of SMEs", 2015
Internal market in services remainsunderdeveloped
Source: Eurostat
0% 20% 40% 60% 80% 100%
% intra-EU trade
% EU economyServices
Goods
Other
a) Rationale behind the proposal (2/2)
What type of administrative barriers do cross-border service providers face?
• Uncertainty about requirements and procedures
• Lack of cooperation between national authorities
• Lack of electronic procedures
• Complex and lengthy formalities
• Stringent document requirements, including costsof certification and translation
• Etc.
b) Main features of the e-card (1/4)
• Objectives: (1) offer administrative simplification andreduce uncertainty to service providers going cross-borderand (2) build up trust and offer more information tonational authorities
• A single common EU-level electronic procedure, available inelectronic platform connected to the Internal MarketInformation system (IMI)
• Offered to providers in business services and constructioncovered by the Services Directive
• Available to service providers previously established in aMember State on a voluntary basis
b) Main features of the proposal (2/4)
• Service providers interact with one single coordinatingauthority in the home Member State in the local language
• Exchange of information between home and host MemberStates, with clear roles, steps and timelines
• Clarity regarding list of requirements/data to submit, varyingper host Member State requirements and sectors concernedin accordance with legislation of home and host Member State
• Reliance on data instead of documents
b) Main features of the proposal (3/4)
• Two distinct procedural workflows:
1. Temporary cross-border provision of services –ensuring issue of e-card after 3 to 5 weeks
2. Secondary establishment (setting-up of abranch/agency/office) – ensuring issue of e-card after 7to 10 weeks
• Checks and balances:
o Home and host Member States can ask the serviceprovider questions/clarifications which suspendsdeadlines
o Suspension and revocation of the e-card is possible atany time (justified by issues such as bans on provisionof services, fake self-employment situations, etc)
b) Main features of the proposal (4/4)
• Secondment of staff formalities
o Declarations in advance regarding professional qualifications through thesame electronic platform connected to IMI;
o Link to national websites for declarations relating to posting of workers;
o Opt-in solution for Member States: declaration through the sameelectronic platform relating to the posting of workers.
• Easing cross-border access to insurance coverage:
o Information about insurance coverage in the e-card through aharmonised form;
o Requirement for insurance distributors to provide a harmonisedstatement of claims, which must be taken into account by insurers inhost Member States;
o Requirement for professional organisations to grant access to groupcover to cross-border providers in a non-discriminatory manner.
8
c) Key benefits of the e-card
For service providers
More clarity and legal certaintyon applicable rules
Simpler controls/lessadministrative burdeno Roles and procedural steps
clearly set outo Fully electronic procedureso Data-based and multilingual
procedureso Centralisation of controls
and competent authorities
Support of home MS
Proof of legal establishment inhome MS
Information already containedin the e-card shall be reused
For Member States
Simpler controls/lessadministrative burden
More streamlined cooperation
Proof of legal establishment ofe-card holder in home MS -prevention of forum shoppingand shell companies
Far-reaching and centralisedsupervisory mechanism - fraudfighting
For users of services
Fostering servicerecipient/consumer confidenceo Proof of legal establishment
of e-card holder in home MSo Proof of ability to provide
services in host MS
More service providers activecross-border
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1.3 What will be the relation betweenthe e-card and
a. other EU (EEA) legislation and national law?b. EU (EEA) instruments (EPC, SDG)?
António de Sousa Maia, DG GROW E1
a. Procedures and formalities imposed on a provider wishing to expand operations cross-border
Service provider
E-card procedure
Administrative facility 1 –
professionalqualifications
Administrative facility 2 –posting of
workers (opt-in)
Service-specificprior authorisations and/or prior notificationschemes (in sectors covered)
1Other procedures and formalitiesnot covered by the e-card (when applicable)
2
Proof of legal establishment inhome MS and information in the e-card can be used in the context ofthese other (subsequent)procedures and formalities
1. Selection procedures (inc Pub Procur)
2. Site-specific controls
3. Company law formalities
4. Tax formalities
5. Social security and non-posting labourformalities
6. Movement of persons
7. Formalities applicable to all individuals
Recognition of professional qualifications(PQD) – potentially European Professional Card
replaced bythe uniformharmonisede-cardproceduresand relatedadministrativefacilities
(before service provision starts)Article 5e-cardDirective
Articles4 and 6e-cardDirective
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Relevant EU legislation Services mostconcerned
Requirements most concerned
Services Directive All servicescovered
Potentially allFor cross-border service provision only those requirements that comply with Article 16 of the Services Directive may be applied by the host Member State. For secondary establishment, Chapters III and V of the Services Directive are fully applicable.
Public Procurement Directives
All services covered
Good repute, economic/financial capacity, technical/professional capacity/security clearence (military) (mutual recognition – recital 1, Articles 62, 64 Classic, recital 4 Concessions, Articles 18,22, 42, 43, 44, 46 Military)
Energy Directives(RES, Energy Efficiency, EPBD)
Construction, Energy efficiency-related consulting services
All market access controls put in place, with the exceptionof PQD controls(mutual recognition – Article 14(3) RES, Article 16(3) EED)
Package Travel Directive Travel agencies Insolvency protection(mutual recognition – Article 18)
Accreditation Regulation Construction services Certifications based on mandatory technical standards, in particular ISO EN standards (mutual recognition – Article 11(2))
… … …
a. Current substantive EU law on entry barriers remains fully applicable under the issuance procedure
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a. Use of e-card in the context of other procedures andformalities (in host MS and in all other MS)
E-card as proof of legal
establishment in home MS
Information contained in the
e-card
1. Selection procedures (inc Pub Procur)
3. Company law formalities
4. Tax formalities
5. Social security and labour formalities
E-card replacesprocedural stepsrelated to legalestablishment(as defined in e-card legislation)in home MS
1. Selection procedures (inc Pub Procur)
3. Company law formalities
4. Tax formalities
5. Social security and labour formalities
6. Movement of persons
7. Formalities applicable to all individuals
Information ine-cardcan be used inthe contextof these otherprocedures andformalities
2. Site-specific controls
(possibly) Automatic fill-
in of information in
these e-procedures
Acceptance of e-card as source of
reliable information
in other MS
Recognition/Declaration of professional qualifications(PQD) – potentially European Professional Card
Recognition/Declaration ofprofessional qualifications (PQD) –potentially European ProfessionalCard
Article 4e-cardDirective
Article 6e-cardDirective
a. Validity of an e-card
Indefinite in time Nationwide
Case-by-case derogation
(temporary cross-border services)
Supervisory mechanismat all times
! !
Temporary cross-border provision
Secondary establishment
Authorisations can be justified for each
additional branch/agency/
office
!
Article 7 e-card Directive
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a. Sources of information for coordinating authorities
MS detects reason to trigger suspension/revocation
Coordinatingauthorities in
home and host MSCompetent
authorities in home and host
MS
E-cardholders
report eventsto issuingcoord auth(supervision events + mereupdates)
exchange information within same MS (supervision events + mereupdates)
Host MS introduces
case-by-case derogation
Alertmechanism
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Closed list of reasons includingnon compliance withconditions applicable totemporary cross-borderprovision/secondaryestablishment under nationallaw, in accordance with EU Law
Which events trigger revocation/suspensionof an e-card?
Events which impact the right of the e-card holder to continue to legally provide services
Service provider made use of fraudulent or falsified information in the context of theprocedure to issue an e-card
Service provider is a worker and not a self-employed person (decision host MS)
Service provider does not meet the specific host MS condition(s) the complianceof which is essential to continued legal provision of the services in the host MS(including permanent services under an e-card for temporary cross-border services)
Revocation
of an e-card in relation to host MS (Art. 15)
Revocation
of all e-cardsfor a certain
service activity(Art. 16)
Service provider permanently ceases to provide the services in question in the home MS
Service provider is wound up and dissolved
Service provider is a worker and not a self-employed person (decision home MS)
Service provider is no longer legally established in home MS for any other reason
Service provider changes main centre of activity to another MS or 3rd country
Service provider is subject to a penalty (or a case by case derogation in accordancewith the SD under an e-card for temporary cross-border services) oftemporary/permanent ban on service provision in the host MS
Service provider is subject to a penalty of temporary/permanent ban on service provisionin the home MS
Suspension or revocation
Suspension or revocation
a. Current EU law on supervision
applicable under the e-card mechanism
Relevant EU legislation
Services mostconcerned
Penalties for breach ofrequirements
Provisions on administrativecooperation
Services Directive All services covered (recital 43) Chapter VI
Public Procurement Directives
All services covered ----- Article 86 of the ClassicProcurement Directive
Energy Directives(RES, EnergyEfficiency, EPBD)
Construction, Energy efficiency-related consulting services
Article 13 EEDArticle 27 EPBD
Article 16(3) EED
Package TravelDirective
Travel agencies Article 25 Article 18 (insolvency protection)
Accounting Directive Accounting services Article 51 -----
… … … …
17
b. The EPC and the e-card
ESTABLISHMENTRecognition of professional
qualifications for professionals required by the host MS of self-employed e-card holder and/or its staff?
TEMPORARY PROVISION Declaration in advance (Art. 7 PQD) required by the host MS
of self-employed e-cardholder and/or seconded staff?
No formalityrequired
NoNo
No formalityrequired
Regulated professions with public health and safety
implications without automatic recognition?
Yes
EPC already available?
Yes
Yes No
Not covered
No
EPC already available?
Reference to EPC providedDeclaration possible through electronic platform available
in IMI
Yes NoYes
b. The SDG and the e-card
SDG e-procedures
(areas listed in Annex I Reg.)
SDGInformation
(areas listed in Annex I Reg.)
SDG assistanceand problem
solving
Establishedat MS level
Establishedat EU level
Introducedby SDG
Regulation(Annex II)
Made availableunder other
EU law(e.g. PSC)
Made availableunder
other EU law(e.g. EPC, e-card)
Quality rules and governance model
+Links to national/EU
websites
Quality rules and governance model
+Links/service finder
to national/EU websites
Links to national/EU websites
SDG Exchange ofevidence tool
SD + PQD + PubProc
potentially
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Non-discriminatoryaccess, quality rulesand governancemodel
Thank you for your attention
20
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1.5 Practical examplesas to the issuing of an e-card
a. for temporary provision of servicesb. for secondary establishment
Frank Vandermeeren, DG GROW E1
a. for temporary provision of services
The service provider
A self-employed or a company Previously established in a (home) MS to provide construction services Secured 2 contracts to build a country house for and renovate the town house of a client in another
(host) MS Has never been active in that (host) MS Wants to make use in the host MS of construction workers it normally employs
The host Member State
Requires:o Proof of establishment in the home MS, technical capacity and insurance covero Supporting documents translated into a local language, certified by a locally qualified persono Payment of a feeo For each construction project (no sector-specific authority in host MS)o A prior notification of posted workers
PSC in the host MS includes limited information (in local language only) and no e-procedures
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Overview
Electronic platform connected to IMI
E-card procedure
Administrative facility –posting of workers
23
Overview
Electronic platform connected to IMI
E-card procedure
Administrative facility –posting of workers
24
First stage: application
Situation without an e-card
Service provider
National rules inhost MS arecomplex and onlyavailable in locallanguage
PSC gives limitedinformation, inlocal language only
In spite of legalobligations under SD
Legal advisor contacts host MS authorities to
understand and clarify requirements
Fills out paper application form in host MS language
Gathers supporting documents on insurance and
technical capacityIn spite of legal
obligations under SD
Up to several weeks/months
Service provider hires services of a legal advisor in host MS
Situation e-card
Few days
Service provider
Registers in the e-card platform in IMI(once in a lifetime)
Fills in multilingualelectronic form
Uploads multilingualinsurance certificate and(possibly) supportingdocument on technicalcapacity (descriptionmultilingual +automatically translated)
Second stage: evidence gathering
Service provider contacts several authorities in home
MS to obtain supporting documents proving legal
establishment (e.g. sector specific authorities if any plus business register authorities,
tax authorities)
Situation e-card
Up to several weeks
1 week
CC
Service provider
Services provider hires services of a translator in
host MS
Certification of translation by locally qualified person
Submission of supporting documents (plus application
form) in paper form to authorities in the host MS
In spite of legal obligations under SD
Home MS coordinating authority receives
application (and supporting documents)
Asks service provider to supplement application (if
needed)
Home MS coordinating authority contacts competent
authorities and accesses national databases to check information regarding legal
establishment and other aspects relevant under home
MS law and cross-border databases such as BRIS
Submission of application (electronically) by home MS coordinating authority to the
host MS coordinating authority
Situation without an e-card
Deadline suspended for supplementing application
Third stage: checks by host MS
Host MS
Host Member authorities have questions on the
information received and want
to do further checks
Contact relevant competent authorities in the home MS for
further information via IMI(often difficult to find which home MS authority is the right contact)
Use databases available cross-
border to do checks, such as
BRIS and insolvency registers
Ask the service provider directly for further information
(language/translation issues)
Situation e-card
C
Can take several weeks, depending on number of issues to clarify
Host MS receives clarifications from various sources
Host MS
Host Member coordinating authority has
questions on the information received and wants to do
further checks
Uses databases available cross-
border to do checks, such as
insolvency registers
C Asks the coordinating authority in the home MS and the service provider for
further information (multilingual structured issues + automatic
translation)(home MS authorities and service
provider work together)
Host MS receives clarifications in a coordinated way
C
2+2 weeks 2+2 weeks (cont.)Deadline suspended
Situation without an e-card
Fourth stage: decision making
Host MS
Host MS authorities take decision on application by
service provider (often notified in paper form)
Host Member decides not to object and should list exercise requirements or remains silent
Host MS
C
Situation e-card
Home MS issues the e-card (electronically)
2+2 weeks (cont.)
No official deadline - can take a long time, depending on number
of issues to clarify/consider
Without delay or automaticallyafter 2+2 weeks
Situation without an e-card
Overview
Electronic platform connected to IMI
E-card procedure
Administrative facility –posting of workers
Administrative facilities – posting of workers
Service provider taking
workers cross-border
Electronic submission of the declarations to authority in the host
MS
Fills out electronic multilingual declaration form (for all
workers)
Fills out electronic declaration forms in host MS language (separate for each worker)
Electronic submission of the declaration
form to the competent authority and the coordinating authority in the host
MS
C
Service provider taking
workers cross-border
Situation if host Member State does not "opt in"
Situation e-card if host MS "opts in"
b. for secondary establishment
The service provider
A company Previously established in a (home) MS to provide accounting services Wants to set up a branch in another (host) MS Has never been active in that (host) MS Wants to make temporary use at the branch of accountants it normally employs in the home MS
(intra-corporate transfer)
The host Member State
Requires:o Proof of establishment in the home MS, insurance cover and 1 manager qualified as per host
MS rules (in order for branch to register as a member of a sector-specific authority – aprofessional chamber)
o Supporting documents certified /authenticatedo Supporting documents translated into a local language, certifiedo Professional qualifications of accountantso A prior notification of posted workers
PSC in host MS includes limited information (although also in English) and no e-procedures
Overview
Electronic platform connected to IMI
E-card procedure
Administrative facility 1 –professional qualifications
Administrative facility 2 –posting of workers
First stage: application
Service provider
Legal advisor contacts host MS
authority to understand and
clarify requirements
Up to several weeks/months
Service provider hires services of a
legal advisor in host MS
Situation e-card
Few days
Service provider
Register in the e-cardplatform in IMI (oncein a lifetime)
Fills in multilingualelectronic form
Uploadsmultilingualinsurancecertificate
Fills out paper application form
in host MS language
Gathers supporting
documents on insurance
In spite of legal obligations under
SD
Service provideradapts in home MSto comply withmanagementrequirement ofhost MS
Situation without an e-card
National rules inhost MS arecomplex andonly available inlocal language
PSC giveslimitedinformation
In spite of legalobligations underSD
Second stage: evidence gathering
Situation e-card
Up to several weeks
1 week
CC
Service provider
Services provider requests certification/
authentication of documents by official
or notary
Submission of supporting
documents (plus application form) in
paper form to authority in the host
MS
In spite of legal obligations under SD
Home MS coordinating authority receives
application (and supporting documents)
Asks service provider to supplement application (if
needed)
Home MS coordinating authority contacts competent
authorities and accesses databases to check
information regarding legal establishment and other
aspects verifiable/relevant under home MS law and
cross-border databases such as BRIS
Submission of application (electronically) by home MS coordinating authority to the
host MS coordinating authority
Services provider hires services of a
translator
Certification of translation
Service provider contacts several authorities in home
MS to obtain supporting documents proving legal
establishment and management situation (sector specific authority if any plus business register authorities,
tax authorities)
Situation without an e-card
Deadline suspended for supplementing application
Third stage: checks by host MS
Host MS
Host Member authority has
questions on the information received and wants to do
further checks
Contacts relevant competent authorities in the home MS for
further information via IMI(often difficult to find which home MS authority is the right contact)
Uses databases available cross-
border to do checks, such as
BRIS and insolvency registers
Asks the service provider directly for further information
(language/translation issues)
Situation e-card
C
Can take several weeks, depending on number of issues to clarify
Host MS receives clarifications from various sources
Host MS
Host Member coordinating authority has
questions on the information received and wants to do
further checks
Uses databases available cross-
border to do checks, such as
insolvency registers
C Asks the coordinating authority in the home MS and the service provider for
further information (multilingual structured issues + automatic
translation)(home MS authorities and service
provider work together)
Host MS receives clarifications in a coordinated way
C
4+2 weeks 4+2 weeks (cont.)Deadline suspended
Situation without an e-card
Fourth stage: decision making
Host MS
Host MS authority takes decision on application by
service provider (often notified in paper form)
Host MS
C
Situation e-card
Host Member asks for
compliance with requirement
(case-by-case decision) linked to management
concerns
4+2 weeks(cont.)
Several weeks
C
Host MS asks the coordinating authority in
the home MS and the service provider for further information (multilingual
structured issues + automatic translation)
Deadline suspended
Service providerproposes alternativeroute for compliancethrough mutualrecognition andprovides evidence
Host MS authority
registers (pro forma)
e-card holder as member of professional
chamber
Withoutdelay
Host MS authority registers company as member of professional chamber
Host MS issues the e-card or, if
host MS remains silent, e-card is issued automatically
(electronically)
1 week
Situation without an e-card
Overview
Electronic platform connected to IMI
E-card procedure
Administrative facility 1 –professional qualifications
Administrative facility 2 –posting of workers
37
Administrative facilities – professional qualifications
Situation e-cardC
Service provider taking
workers cross-border
Submission of the declarations and
supporting documents in paper form to authority in
the host MS
Fills out electronic multilingual declaration form (for all workers)
Gathers and uploads supporting documents
(description multilingual + automatically translated)
Services provider hires services of a
translator
In spite of legal obligation under
SD/PQD, still may need to fill out paper declaration
forms in host MS language (separate for each worker)
Gathers supporting documents
Electronic submission of the declaration
form and supporting documents to the
competent authority and the coordinating authority in the host
MSService provider taking
workers cross-border
Situation without an e-card
38
Overview
Electronic platform connected to IMI
E-card procedure
Administrative facility 1 –professional qualifications
Administrative facility 2 –posting of workers
39
Administrative facilities – posting of workers
Situation if host Member State does not "opt in"
Situation e-card if host MS "opts in"
Service provider taking
workers cross-border
Electronic submission of the declarations to authority in the host
MS
Fills out electronic multilingual declaration form (for all
workers)
Fills out electronic declaration forms in host MS language
(potentially separate for each worker)
Service provider taking
workers cross-border
Electronic submission of the declaration
form to the competent authority and the coordinating authority in the host
MS
C
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Thank you for your attention
41