Malta should be ready on time for Services Directive

A new study by Eurochambers, an umbrella organisation representing the EU's Chambers of Commerce, shows that Malta is making substantial progress to be ready to implement the new EU Services Directive by the end of December, the deadline established by the EU.

According to the study, Malta will meet the established deadline although it is evident that there will still be some outstanding issues concerning the cross border recognition of electronic signatures that could detract from the full functioning of the Point of Single Contact (PSC) - a one stop shop to be established in order to facilitate the needs of businesses.

However, according to Eurochambers, these issues should be ironed out once a solution is found at EU level.

The objective of the Services Directive, approved by member states last year, is to achieve a genuine internal market in services by removing legal and administrative barriers to the development of service activities between member states.

The directive will guarantee service providers more legal certainty if they want to exercise two fundamental freedoms (freedom of establishment and freedom to provide services) enshrined in the EC Treaty.

This directive will make it easier for businesses to provide and use cross-border services in the EU, thus increasing cross-border competition in service markets, bringing down prices and improving quality and choice for consumers. The directive will also strengthen the rights of users of services, for instance by enshrining the right of non-discrimination.

According to the Eurochambers study, the government, through the Ministry of Finance - the lead ministry in this area - is managing and co-ordinating the multi-ministerial implementation and transposition process, through a working group set up to identify and screen the authorisation schemes that fall under the implementing provisions of the directive.

The lead ministry is also responsible for the setting up of and eventual operation of the PSC and the organisation of Internal Market Information system within one of its divisions and the drafting of the Parent Act.

All of these projects are under way. Eurochambers found that the government is also focusing on widening its e-Gov services to cater for the requirements of the PSC since it has already put in place a wide array of electronic services.

The PSC will provide the information required to guide prospective applicants for authorisations and will then give access to online application forms as well as facilities to upload accompanying documents and submit to the relevant Competent Authorities. Once authorisation has been given it will be provided electronically.

The study also reports that the Finance Ministry has also made sure that all the other ministries are made aware of the need to ensure that both existing legislation as well as any pipeline legislation has to be compliant with the Services Directive. "The competent authorities will also be using the Internal Market Information system to ensure efficient and timely replies to requests from other EU competent authorities. Their legislation is also being screened to ensure there are no obstacles to the provision of such assistance when required," states the report.