The
Work Programme was passed in July 2007 (PDF, approx. 43 KB) transposing the Directive by the CDGAE. The programme is based on the following
principles:
- The approach taken needs to be ambitious in order to improve our competitive position with respect to our community partners, who are also involved in the same process.
- Each Administration is responsible for the transposition tasks within the scope of its competencies.
- Cooperation between the various Administrations and between the Administrations and the various agents in the private sector is both necessary and desirable.
The programme is structured along the following action lines:
- An “Umbrella” Law is in the process of being drafted. This will incorporate the general principles of the Services Directive and will provide a legal framework of reference beyond the transposition period. In order to draft a bill for the "Umbrella" Law, a technical working group has been formed, which consists of experts from the Ministries of the Treasury, Foreign Affairs and Cooperation, Public Administrations, Industry, Tourism and Trade. This group has already started working on this task.
- Work with Autonomous Regions and Local Authorities must take a simultaneously horizontal and sector-by-sector approach. In this regard, both the ministries and the Autonomous Regions have designated a single intermediary for the purpose of coordinating the transposition work.
- With respect to legislative transposition, it will require:
- An initial phase in which any legislation potentially affected is identified.
- A further phase in which compatibility with the Directive is evaluated. Evaluation will be carried out using a mandatory questionnaire that must be forwarded to the Commission and to the rest of the member States, and another, voluntary, questionnaire for the Autonomous Regions, which includes aspects that need to be evaluated but about which the Commission does not have to be informed.
- A third phase in which sector-level legislation will be amended.
- The Directive also establishes a programme of administrative simplification that includes the introduction of electronic procedures and the establishment of a single point of contact for providers and recipients of services.
- Moreover, administrative cooperation is essential for the proper functioning of the internal market in services, hence the Directive establishes legally binding obligations so that Member States can cooperate effectively in order to guarantee the supervision of providers and their services. Administrative cooperation and reciprocal assistance must take place directly between competent authorities. Member States will therefore have to designate one or more contact points, which will be periodically published and updated by the Commission.
- The Group considers participation by the private sector in the transposition process to be highly positive, particularly participation by business agents, who can play a useful role in identifying the obstacles faced by businesses wishing to provide services in Spain or in other Member States, as well as in analysing the evaluation reports that are submitted by the rest of the Member States. To date, in order to explore possible forms of cooperation, there have been contacts with the Spanish Council of Chambers of Commerce, given that this institution is present at all levels of the administration and includes the participation of all companies. Agents who should be involved in the process will be identified as progress is made in sector coordination.
- Training needs regarding the Directive must be fundamentally targeted at the people who need to identify the legislation affected by the Directive and who must evaluate it and, where appropriate, amend it. Thus, technical training workshops have been held with ministries, and a similar approach is proposed for the Autonomous Regions. The possibility of holding training workshops with each of the Autonomous Regions has also been suggested.
- Finally, it has been established that the Working Group for the Transposition of the Service Directive will periodically send reports on the progress made in the transposition process to the Government's Delegate Commission for Economic Affairs, and whenever a report is requested by the Delegate Commission.