Malta is already well prepared for the introduction of the EU's Services Directive, according to a new survey monitoring the implementation of this legislation published by Eurochambers - an umbrella organisation of European Chambers of Commerce.
According to the survey, assessing the progress made so far by member states, six months prior to the implementation deadline next December, Malta's level of preparation is one of the most advanced out of the 27 member states.
Eurochambers said that the Maltese government should be able to meet the established deadline although it is evident that there will still be issues concerning the cross border recognition of electronic signatures that could detract from the full functioning of the Point of Single Contact.
"However progress is being made on finding a solution at EU level. Progress has been made in the drafting of the required legislation which has been submitted to the Maltese Parliament in May," the study finds.
The coordination and management of this project is being carried by the Ministry of Finance, Economy and Investment through a specific 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, which projects are all under way.
"There has been a certain amount of consultation with the relevant stakeholders," according to Eurochambers.
The study shows that the government is focusing on widening its e-Government 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 channel for access to 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 them to the relevant Competent Authorities.
According to Eurochambers, the screening process constituted the initial part of the transposition exercise when relevant legislation was identified and screened to establish the necessary amendments and additional provisions required for compliance.
"The process has been nearly finalised for those changes required to primary legislations and is ongoing for those required to subsidiary legislation.
"We are informed that where there will be conditions or obligations for declarations to be made before a provider can provide a cross border service in Malta, these will be strictly within the limits envisaged in the directive and only where justified by the nature of the service being given, particularly where customers' interests are at stake," it says.
On a general level, Eurochambers said that about 40 per cent of European national chambers of commerce believe that their country will not have fully implemented the Services Directive by the deadline.
Despite some overall improvements over the past six months, the latest study shows that some countries face persisting difficulties in complying with specific provisions, such as e-procedures related to the Points of Single Contact, or the simplification of administrative structures and procedures.
The study singles out Italy and Germany as two member states which are still behind schedule in their preparations. The objective of the Services Directive is to achieve a genuine internal market in services by removing legal and administrative barriers to the development of service activities between member states and 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.
The 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.