This initiative aims to make it easier for services providers to complete the administrative formalities required to provide services abroad. A proposal for a Regulation (binding legislative instrument with direct effect) defines the content of the electronic Services Card while a proposal for a Directive (binding legal instrument requiring transposition into national law) defines its implementation.
The proposed Regulation provides for the following:
– where a service provider plans to provide a service temporarily cross-border, the e-card would be issued by the home Member State. The host Member States would be able to object to issuance of the e-card where the Services Directive already allows them to do so under one of the overriding reasons of public interest. Once issued, the e-card would allow the holder to provide services on a temporary cross-border basis in the host Member State;
– where a service provider plans to provide services through a branch, agency or office in another Member State, the e-card is issued by the host Member State. In this case the service provider would still request the e-card with his home country authorities, who would check that the service provider is established on its territory in line with its applicable rules. In a second step, the home Member States authorities would initiate a process with the relevant host country administration to allow the latter to verify if the requesting service provider meets its host country regulatory requirements in compliance with the Services Directive.
The European services e-card would also include rules to facilitate obtaining insurance coverage for services provided across borders.
The proposed Directive, among other things, would:
– clarify the evidentiary value of a European services e-card;
– detail the effects of the e-card as proof of the ability of the holder to provide services in the territory of the host Member State;
– determine the validity of the e-card;
– safeguard the right of MS to invoke those overriding reasons of public interest;
– describe procedural steps for issuing a services e-card;
– list events occurring in the host MS which must trigger suspension or revocation of a services e-card.