The Internal Market for Services: The Services Package and its Impacts on Public Administrations

Transcription

1 Seminar The Internal Market for Services: The Services Package and its Impacts on Public Administrations Barcelona, November 2014 European Institute of Public Administration Institut européen d administration publique With the collaboration of: Introduction Target group Business services, construction, manufacturing, real estate, transport, wholesale and retail, education, entertainment, health and social services, network services, public administrations, tourism, as well as other services and activities, are all affected by the new European requirements. Employers, universities, training centres and professional associations in EU Member States, EEA and candidate countries, benefiting consumers and patients, at national, regional and local level dealing with or affected by the new business services reforms, will find this seminar beneficial. Description The implementation of the Services Directive has resulted in a major step forward in terms of removing barriers and moving towards a truly integrated internal market for services. Nevertheless, economic analysis has shown that more can be done to maximise the economic benefits that the Services Directive offers. The actions that Member States and the Commission should take to ensure that the Directive has the greatest possible impact were set out in the 2012 services package. These actions are based on the detailed information on the implementation of the Services Directive in each Member State, and are being closely monitored by the European Commission and the Court of Justice. The Commission is applying a zero tolerance policy in cases of non-compliance with the unequivocal barriers, and discriminatory and burdensome requirements listed in its Article 14. The Commission has made use of the possibility to request Court penalty payments to those MS infringing the Directive, so as to force compliance. Yet still today, a number of Member States apply these obligations only to a limited extent and with too many exceptions. Hundreds of national laws have been modernised and thousands of discriminatory, unjustified or disproportionate requirements have been eliminated throughout the EU. The tools which have been created ( Points of Single Contact and the Internal Market Information System ) to support implementation of the Directive are now operational in most Member States and are helping to significantly reduce administrative burdens in this area. The approaches of the Commission and the ECJ are directed towards releasing the full potentials of the Services Directive; to that end, it is crucial that Member State Authorities are aware of the developments of the Directive through the interpretations provided by the Court of Justice and the Commission s Communications and Guidelines to that effect; as well as learning how to use the tools provided to the full extent, for a smooth and efficient implementation of the Services Directive. Learning methodology Apart from traditional training methods (lectures and presentations, including concrete examples and case studies), the interactive approach will be applied. There will be discussions after each presentation, and a question and answer session will close the seminar. Participants will work in small working groups on their own concrete problems, with the direct involvement of EU and national experts. Objectives This seminar will provide an overview of the new services package and its implications for public authorities. The seminar will present a general overview of the Services Directive, integrating a comprehensive analysis of mutual evaluations and performance checks that will help participants to deal with challenges of the full implementation of the Directive and to prepare for foreseen reforms. During the two-day programme, participants will discuss frequent problems and issues encountered and compare experiences of implementing the Services Directive. Based on the implementation assessments of the Services Directive and the establishment of a single contact directory, we will present and evaluate best practices and the beneficial use of the Directive and its tools. At the end of the seminar, participants will have improved their knowledge of the new services package and have a clear understanding of the Commission s upcoming reforms: mechanisms of evaluating compatibility and identifying discriminatory regulations in the service sector following the ECJ developments; how to avoid infringement procedures against violations of the Services Directive; how to cooperate between MS authorities through the IMI system; the benefits and challenges of the Points of Single Contact; to be prepared to step into the `Second Generation of PSC.

2 Programme Monday 24 November Registration and distribution of seminar material Opening of the seminar: introduction to the programme, objectives and methodology Gracia Vara Arribas, EIPA Expert and Project Leader, European Institute of Public Administration EIPA Barcelona PART I: Content and context of the Services Directive five years after implementation: latest novelties The Commission Communication 2012 and its follow up: new challenges Gracia Vara Arribas The bi-directional application of the clause of non-discrimination: freeing service providers and services recipients of unlawful restrictions Rodolphe Munoz, Officer EFTA Surveillance Authority and Lecturer Sciences Po, Paris Coffee break Reporting obligations on national reform for services: the Work Plan of the European Commission Rodolphe Munoz Analysis of SD implementation in the MS in practice: the perspective from The Netherlands in a comparative context Patrick van den Berghe, Legal Counsel to the Minister on EU Law, Department of Legislation and Legal Affairs, Dutch Ministry of Economic Affairs Working lunch in groups Presentation on a practical workshop with the participants: the European Retail Action Plan Moderators: Rodolphe Munoz, Patrick van den Berghe, Gracia Vara Arribas Participants will be divided into small groups, sharing the lunch and preparing questions. In 2013 a new performance check was programmed concerning Commercial establishment. Participants will work with the mechanisms developed by the European Commission in order to enhance the implementation of the services directive. The same groups will share a table to finalise the conclusions to be presented in plenary Presentations by the groups Discussions in plenary and conclusions End of the first day Welcome dinner Tuesday 25 November 2014 PART II: Points of Single Contact and electronic procedures Analysis and state of play of the PSCs: performance, achievements and failures Anneli Andresson-Bourgey, Internal Market and Services, DG Services, European Commission Debate Moving towards a the creation of a PSC Charter and the Second generation PSCs Anneli Andresson-Bourgey Debate Coffee break Optimal policies and solutions for cross-border use of esignatures, eids and edocuments and links with IMI Anneli Andresson-Bourgey Debate Lunch PART III: The Jurisprudence of the Court The infringement procedures in the Internal Market for Services: the jurisprudence of the Court of Justice Juan Diego Ramírez-Cárdenas Díaz, Senior Lecturer, EIPA Luxembourg Debate Conclusions and evaluation of the seminar

3 Experts (in order of appearance in the programme) Gracia Vara Arribas (ES) Lawyer LLM, Senior Lecturer and Expert in Multilevel Governance and EU Law (EIPA Barcelona). For the last ten years Gracia has been devoted to developing the capacity of regional and local actors in building a shared method of governance between the various levels, and the use of new instruments of Multilevel Governance. This service is provided through research, training and consultancy work for various levels of administration, as well as, European institutions. Under her direction, several impact assessment and evaluation studies have been carried out, commissioned by the EU Presidencies (UK 2006 and SE 2009) and for different Member States. In 2010, she was commissioned by the Dutch Ministry of Interior to evaluate the impact of the Lisbon Treaty on the Dutch Provinces and Municipalities. At this moment she is mainly working as a consultant for the Committee of the Regions. Rodolphe Munoz (FR) He studied in France, in England and at the College of Europe in the Law Department. He has worked for various international organizations, is expert for many EC and OCDE programs and his past work includes Senior Teaching Assistant, Department of Legal Studies, College of Europe, Bruges. As a lawyer at the European Commission (Brussels), during 3 years he was in charge of the TBT procedure (W.T.O. law), the application of the 98/48/EC Directive on transparency regarding the Information Society (E-Commerce, Data Protection and Electronic Signature) and the Internal Market policy of Enterprise DG. He has been appointed Lecturer in Law at the University of Liège (Belgium). After, he spent 3 years at DG SANCO (Health and Consumers). Currently, he is working at the EFTA Surveillance Authority as a senior officer where is in charge with litigation in the field of internal market (Services Directive, establishment, professional qualification, health services...). He is teaching European law at Science Po Paris. Patrick van den Berghe (NL) Legal Counsel to the Minister on EU Law, Department of Legislation and Legal Affairs, Dutch Ministry of Economic Affairs. Anneli Andresson-Bourgey (EE) She has worked for the European Commission since 2006, in the Directorate General for Internal Market and Services, in the unit dealing with the Services Directive. Before joining the European Commission she worked for the Estonian Permanent Representation to the EU and for the ministry of economic affairs of Estonia. He areas of competence have covered policy, legal and technical issues linked to the internal market for services, and also e-government. Juan Diego Ramirez-Cárdenas (ES) Juan Diego Ramírez-Cárdenas Díaz is a Senior Lecturer at EIPA s Luxembourg Centre, the European Centre for Judges and Lawyers. He studied law and international relations at the Universidad Complutense, Madrid. He completed his training at the College of Europe in Bruges where he was awarded an MA in European political and administrative studies. Before joining EIPA, he worked for the College as a Teaching Assistant and for the Com-mission in a number of legal projects relating to the completion of the internal market. Since working at EIPA, Diego has been extensively involved in training and consultancy for the judiciary and other legal professionals in all candidate countries and most new Member States. He has also been teaching regularly at the Institut d Etudes Politiques de Paris (Sc Po Paris) in the capacity of Senior Lecturer. Seminar Team Gracia Vara Arribas (ES) Expert and Project Leader EIPA Barcelona (ES) Tel.: g.vara-arribas@eipa.eu Natalia Doménech (ES) Programme Organiser, EIPA Barcelona (ES) Tel.: Fax: n.domenech@eipa.eu

4 General Information Programme The programme will commence on Monday at and will finish on Tuesday at Seminar venue Catalan School of Public Administration Carrer Girona, Barcelona (Centre) Working language The seminar will be conducted in English, however simultaneous interpretation into Spanish will be provided where there is a minimum of participants requesting this service Fee The participation fee is 900 and includes documentation, two lunches, coffee breaks, a welcome dinner and a certificate of attendance. Accommodation and travel costs are at the expenses of the participants or their administration. Deadline for registration: 10 November 2014 Payment before the deadline is a condition for participation. For cancellations received after the deadline we will have to charge an administration fee of 150 unless an alternative participant is nominated. EIPA offers its members a reduction of 10% of the registration fee. This reduction is available to all civil servants working for one of EIPA s member countries (i.e. AT, BE, BG, CY, CZ, DK, EE, FI, FR, DE, GR, HU, IE, IT, LT, LU, MT, NL, PL, PT, ES, SE, UK) as well as civil servants working for an EU institution or agency. If you are eligible for a discount, please tick the box in the registration form. Please note that reductions cannot be accumulated. For more information, please visit EIPA s website: Information and registration Natalia Doménech, Programme Organiser European Institute of Public Administration EIPA Barcelona C/ Girona, 20 / Barcelona Tel.: Fax: n.domenech@eipa.eu You can also submit the online registration form which can be found on EIPA s website: Hotel reservation in Barcelona EIPA Barcelona will be pleased to make reservations for you at this hotel (where special rates are applied for EIPA participants): HOTEL Catalonia Born**** C/ Rec Comtal, / Tel: , 85 Double room for single use (breakfast and VAT included) 99 Double room (breakfast and VAT included) Tourist tax: 1.21 per person per day HOTEL Europark*** C/Aragón, 325 / Tel.: Double room for single use (Breakfast included) + 10% VAT 135 Double room (Breakfast included) + 10% VAT City tax: 0.71 per person per day Should you wish to make use of this possibility, please indicate the dates of arrival and departure on the registration form. Payment is to be made directly and personally to the hotel on checking out. Please note that if you register after the closing date, hotel reservations cannot be guaranteed. Confirmation Please note that your registration is not finalised until you receive a confirmation from us. Moreover, your participation is not confirmed until you receive another from the Programme Organiser confirming your registration and some details. Cancellation policy EIPA reserves the right to cancel the seminar up to two weeks before the starting date. EIPA accepts no responsibility for any costs incurred (travel, hotel, etc.). For EIPA s cancellation policy, please visit our website (FAQ - cancellation policy)

5 Registration Form The Internal Market for Services: The Services Package and its impacts on Public Administrations Barcelona, November 2014 Surname:... Title:... M / F First name:... Organisation:... Department:... Current position:... Work address:... Postal code & Town:... Country:... Telephone number:... Fax number:... address:... Invoice information Organisation:... Fiscal number/nif:... Department:... Address:... Postal code & Town:... Country:... VAT number:... Your reference number:... address:... Registration fee The fee includes participation in the seminar, documentation, coffee breaks, two lunches, one dinner and a certificate of attendance Discount of 10% (Please check first the conditions at (FAQ - special discounts)) 900 Method of payment Bank transfer It is necessary to state the name of the participant and the reference EIPA s Barcelona account number IBAN: ES , BIC: BBVAESMM at the BBVA, Plaça Catalunya 5, Barcelona Credit card American Express card Eurocard/Mastercard Visa card Card number:... Expiry date:... /... Card Validation Code:... Hotel reservation Please make a reservation for me at Hotel Catalonia Born**** HOTEL Europark*** Double room for single use Date of arrival:... Date of departure:... Double room Number of nights:... No hotel reservation required Meals Vegetarian Fish allowed Other dietary requirement:... To ensure the optimal organisation of the seminar, please return the completed registration form by fax or before 10 November 2014 to: Natalia Doménech, Programme Organiser, Tel.: ; Fax: ; n.domenech@eipa.eu, The registration will be confirmed by . Your name and address will be part of EIPA s database for our mailing purpose only. Please tick if you do not want to be included in our mailing database.