IfG.CC - The Potsdam eGovernment Competence Center

Question 1:
Member states have about 6 months left to implement the Directive, fully as well as correctly. Do you believe that your government will respect such deadline? If yes, do you esteem that all directive’s provisions will be properly implemented by then, from a qualitative point of view? If not, which provisions represent the main obstacles in the way to complete the directive’s implementation?
The Government of Malta will 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.

Question 2:
The directive was published in the Official Journal on December 27, 2006, and the 3-year implementation phase started counting then (over three-quarters of the implementation phase has now elapsed). What mechanisms has your government put in place to project manage the implementation arrangements? Has the government involved the Chamber network in this mechanism? If so, in what way?
The government, through the lead Ministry (Ministry of Finance, Economy and Investment) 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 IMI (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.

Question 3:
Points of single contact (or single points of contact): Has your government indicated a preferred approach to establishing a PSC? If so, what is the essence of that approach - in particular as regards the possibility to effectively complete procedures through the points of single contact? Is the Chamber network involved? If so, how?
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 authority/ies. Once authorisation has been given it will be provided electronically.

Question 4:
Screening: Is your government establishing a means to screen existing national legislation to ensure that it does not enter into conflict with the Services Directive's purpose and practice? If so, what work is under way? Is the Chamber network involved? How?
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 then continued with the drafting of the relevant amendments. The process has been nearly finalised for those changes required to primary legislations and is ongoing for those required to subsidiary legislation.

Question 5:
Provisions of Mutual Assistance: what is your national approach to establishing 'mutual assistance provisions' across the EU? Is the Chamber network involved? How?
Mutual assistance will be provided through the Commission’s IMI system. The Services (Internal Market) Act will also require Competent Authorities to offer the assistance requested from other member states.

Question 6:
Are you aware of your national government's representatives talking to other EU member states about collaboration during the implementation?
Communication with representatives of other member states involved in the transposition process usually takes place in an informal manner mostly in meetings organised by the Commission.

Question 7:
With regard to requirements applied in your country to the establishment of service providers (for instance authorisation procedures or other conditions you need to comply with to be able to engage into a service activity) or to the cross-border provision of services (for instance specific conditions imposed on service providers from other member states before they are allowed to provide a service on a temporary basis - for instance the obligation to make a declaration), are you aware of specific areas that present obstacles and in which governments and institutions alike should particularly focus their efforts?
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.