Montag, 20.11.2017 08:41 Uhr

The Proposal of a European services e-card

Verantwortlicher Autor: Carlo Marino Rome, 14.09.2017, 09:46 Uhr
Presse-Ressort von: Dr. Carlo Marino Bericht 3800x gelesen

Rome [ENA] Regulatory barriers continue to be the most important obstacle to the provision of cross-border services in the EU. Despite the fact that the Services Directive has added an estimated 0.9% to the GDP of the EU over ten years there is still further potential for growth and jobs by facilitating more efficient access to those who wish to supply cross border services. There is a proposal for a regulation of the European

Parliament and of the Council in order to introduce a services e-card.The proposal to introduce a European services e-card can help to modernize this process of service provision throughout the Single Market by simplifying administrative procedures, language requirements and in some cases insurance provision. The provision of an e-card does not grant a service provider any additional rights. These rights are already granted by the Treaty on the Functioning of the European Union and the Services Directive offers the framework within which these rights can be implemented. It is therefore tremendously important to guarantee high quality implementation and correct application of the existing legislation in order to support such an e-card.

The European Commission must continue to apply its ‘zero tolerance policy’ by decisively launching infringement procedures in cases of non-compliance with the Services directive and all relevant EU legislation ensuring the freedom to provide services and freedom of establishment. One could see a number of weaknesses in the e-card proposal. First of all it is an onus on a home Member State to ensure that all information supplied to a Host Member State is valid and authentic. There must also be clear guidelines concerning the updating of the e-card with responsibility attributed to the pertinent actors to ensure its continued authenticity and validity.

In order to ensure compliance there should be dissuasive and proportionate sanctions for any deliberate attempt to provide false or misleading information. This would increase trust between Member States and help to ensure an e-card that would be satisfactory to all concerned and thus deliver on its objectives. A standardized certificate will never be possible without greatly increasing cost and administrative burden . Furthermore, one ought to exclude the construction sector from the scope of this proposal.

Both employers and trade unions have expressed serious concerns in regard to the risk of the e-card promoting false self-employment and the indefinite validity of the e-card which increases the risk of abuse because the proposal does not contain any firm requirements on updating the e-card. Directive 2006/123/EC requires Member States to put in place and keep continually updated Points of Single Contacts where a service provider wishing to establish or to provide services can find all relevant information about requirements to be complied with and e-procedures in respect of all formalities, authorizations and notifications to go through.

The Points of Single Contacts need to be improved in line with the proposal for a Regulation of the European Parliament and of the Council on establishing a single digital gateway to provide information, procedures, assistance and problem solving services and amending Regulation (EU) No 1024/20121a. However, costly information challenges and difficulties complying with national procedures at a distance remain to date for service providers, namely for sector-related requirements. Cooperation between the administrations of different Member States should in theory take place via the Internal Market Information System (IMI), an IT-platform offered for cross-border exchange of information and mutual assistance.

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