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SERVICES DIRECTIVE

Installation Companies

Timoteo de la FuenteSubdirector General de Calidad y Seguridad IndustrialMº de Industria, Turismo y Comercio

Madrid, 23 de septiembre de 2011

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1. Introduction

2. Principles in wich is based the Law 17/2009 onfree access to service activities

3. Main elements of the Law 17/2009 and Law25/2009

4. Royal Decree 560/2010 (R.D. OMNIBUS)

5. Main amendments to the Rules of Distribution and Use of Gaseous Fuels

6. Final Conclusions

Index

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- Ministry of Economy and Finance is responsable fortransposition of the Services Directive in the Internal Market

- Law 17/2009 establishes and adopts Directive 2006/123/CE related to Services in the Internal Market

- Law 25/2009 modifies diferent laws for adaptation to the free access to service activities

- RD 560/2010, modifies diferent regulations related toindustrial safety requirements

- Regulations to be modified 114 Royal Decrees

1. Introduction

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Law 17/2009, november 23, adopts Directive2006/123/CE related to Services in the InternalMarket

Law 17/2009, november 23, adopts Directive2006/123/CE related to Services in the InternalMarket

This Act, sets an ambitious approach that aims toimprove regulation of the service sector, reducingunjustified or diproportionate obstacles and settinga general regimen of freedom of access to servicie activities

Those principles are consolidated:

This Act, sets an ambitious approach that aims toimprove regulation of the service sector, reducingunjustified or diproportionate obstacles and settinga general regimen of freedom of access to servicie activities

Those principles are consolidated:

2. Principles thatunderpin the Law 17/2009

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PRINCIPLESPRINCIPLESPRINCIPLESPRINCIPLES

1. Freedom of establishment for Spanish providers and anyother country in the EU without being subject to prior authorization, replacing it by a declaration of responsibility

1. Freedom of establishment for Spanish providers and anyother country in the EU without being subject to prior authorization, replacing it by a declaration of responsibility

2. Freedom to provide services to providers established in another EU country. The Spanish government can notrequire compliance with additional requirements tothose established in their country, if not basedon overriding reasons of general interest

2. Freedom to provide services to providers established in another EU country. The Spanish government can notrequire compliance with additional requirements tothose established in their country, if not basedon overriding reasons of general interest

3. Administrative simplification, for example: Single Pointthrough which he can complete all procedures andformalities

3. Administrative simplification, for example: Single Pointthrough which he can complete all procedures andformalities

2. Principles thatunderpin the Law 17/2009

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SCOPESCOPESCOPESCOPE

1. Applies to services performed in exchange for a payment in Spanishterritory by providers established in Spain or outside

1. Applies to services performed in exchange for a payment in Spanishterritory by providers established in Spain or outside

2. Some servicies that are excluded:

• Financial servicies

• Access for Electromic Communications Networks

• Shipping and air transport

• Temporary work agencies

• Audiovisual servicies, including cinema

• Glambing activities, incuding lottery and betting transactions

• Activities undertaken as a public authority (notaries, registrars, etc.)

• Social servicies (houing, childcare,…)

• Private security servicies

Not apply to servicies in taxation and other servicies regulated by EU.

2. Some servicies that are excluded:

• Financial servicies

• Access for Electromic Communications Networks

• Shipping and air transport

• Temporary work agencies

• Audiovisual servicies, including cinema

• Glambing activities, incuding lottery and betting transactions

• Activities undertaken as a public authority (notaries, registrars, etc.)

• Social servicies (houing, childcare,…)

• Private security servicies

Not apply to servicies in taxation and other servicies regulated by EU.

3. Main elements ofthe Law 17/2009

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AUTHORIZATIONAUTHORIZATIONAUTHORIZATIONAUTHORIZATION SYSTEMSYSTEMSYSTEMSYSTEM

1. In general not to be imposed on service providers an authorization scheme

1. In general not to be imposed on service providers an authorization scheme

2. When, exceptionally, being imposed must meet thefollowing requirements:

• No discrimination on grounds of nationality or on groundsuch as those set out

• Where objetively justified by an overriding reason relatingto the public interest

• Can not be replaced by less restrictive means that couldachieve the same result

2. When, exceptionally, being imposed must meet thefollowing requirements:

• No discrimination on grounds of nationality or on groundsuch as those set out

• Where objetively justified by an overriding reason relatingto the public interest

• Can not be replaced by less restrictive means that couldachieve the same result

3. Main elements ofthe Law 17/2009

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FREEDOM TO PROVIDE FREEDOM TO PROVIDE FREEDOM TO PROVIDE FREEDOM TO PROVIDE SERVICESSERVICESSERVICESSERVICES FORFORFORFOR PROVIDERSPROVIDERSPROVIDERSPROVIDERS OFANOTHEROFANOTHEROFANOTHEROFANOTHERMEMBER STATE MEMBER STATE MEMBER STATE MEMBER STATE

1. Providers established in another Member State may provide services inSpanish territory in the free provision without further limitations thanthose established in accordance with the provisions of this Act

1. Providers established in another Member State may provide services inSpanish territory in the free provision without further limitations thanthose established in accordance with the provisions of this Act

2. In any case, the exercise of a service activity by these providers in Spanishterritory should not be restricted by:

• The requirement that the supplier is established on Spanish territory

• The obligation of the provider to obtain an authorization granted bySpanish authorities, and must be entered in a register orin a Spanish professional association

• The ban on the provider to use in the Spanish territory, the infrastructure necessary to carry out the corresponding activities (office. cabinet, etc.).

• The obligation of the provider to obtain from the Spanishauthorities a specific identification

• Etc.

2. In any case, the exercise of a service activity by these providers in Spanishterritory should not be restricted by:

• The requirement that the supplier is established on Spanish territory

• The obligation of the provider to obtain an authorization granted bySpanish authorities, and must be entered in a register orin a Spanish professional association

• The ban on the provider to use in the Spanish territory, the infrastructure necessary to carry out the corresponding activities (office. cabinet, etc.).

• The obligation of the provider to obtain from the Spanishauthorities a specific identification

• Etc.

3. Main elements ofthe Law 17/2009

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FREEDOM TO PROVIDE FREEDOM TO PROVIDE FREEDOM TO PROVIDE FREEDOM TO PROVIDE SERVICESSERVICESSERVICESSERVICES FORFORFORFOR PROVIDERSPROVIDERSPROVIDERSPROVIDERS OFOFOFOF ANOTHER ANOTHER ANOTHER ANOTHER MEMBER STATE MEMBER STATE MEMBER STATE MEMBER STATE

Exceptionally, the access can be conditioned to these providers to a service

activity or exercise temporarily in Spanish territory to the fulfillment of the

requirements determined in each case by the applicable sectoral legislation,

provided they are justified for reasons of public order, public safety, public

health or protection of the environment and are proportionate and

non discriminatory.

Exceptionally, the access can be conditioned to these providers to a service

activity or exercise temporarily in Spanish territory to the fulfillment of the

requirements determined in each case by the applicable sectoral legislation,

provided they are justified for reasons of public order, public safety, public

health or protection of the environment and are proportionate and

non discriminatory.

3. Main elements ofthe Law 17/2009

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PROMOTING THE QUALITY OF SERVICES (Art. 20)PROMOTING THE QUALITY OF SERVICES (Art. 20)PROMOTING THE QUALITY OF SERVICES (Art. 20)PROMOTING THE QUALITY OF SERVICES (Art. 20)

Public Administrations will promote a high quality of services, among others,through the following means:

• Evaluation or certification of their activities by independent bodies

• The development of their own quality charter or participatin in qualitycharters or labels drawn up by bussines or professoinal organizationsat the Comunity level

• Driving administrative checks and regular checks, as well as thedesign and strengthening of inspection plans

• Actions with consumer organizations, the ProfessionalAssociations, etc.

Public Administrations will promote a high quality of services, among others,through the following means:

• Evaluation or certification of their activities by independent bodies

• The development of their own quality charter or participatin in qualitycharters or labels drawn up by bussines or professoinal organizationsat the Comunity level

• Driving administrative checks and regular checks, as well as thedesign and strengthening of inspection plans

• Actions with consumer organizations, the ProfessionalAssociations, etc.

3. Main elements ofthe Law 17/2009

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REGULATIONS CONTAINED IN THE RD 560/2010

₋ Modification of R.D. 3099/1977 related to Safety Regulations for plants andrefrigeration facilities.

₋ Modification of R.D. 2291/1985 related to Regulation of lifting equipment and

maintenance thereof.

₋ Modification of R.D. 1942/1993 related to Regulation of fire protection facilities.

₋ Modification of R.D. 3099/1977 related to Safety Regulations for plants andrefrigeration facilities.

₋ Modification of R.D. 2291/1985 related to Regulation of lifting equipment and

maintenance thereof.

₋ Modification of R.D. 1942/1993 related to Regulation of fire protection facilities.

This R,D. modifies different regulations related to industrial safety requirements

Among these provisions is the Royal Decree 919/2006, related to TechnicalRegulation on distribution and use of gaseous fuels.

The reglations concerned are:

4. R.D. 560/2010 (OMNIBUS)

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₋ Modification of R.D. 2085/1994 “Regulation of oil rigs”

₋ Modification of R.D. 2201/1995 “ITC MI-IP04: Fixed installations for retaildistribution of motor fuels petroleum retail facilities”

₋ Modification of R.D. 1427/1997 New “MI-IP03 ITC: Petroleum facilities for their own

use”

₋ Modification of R.D. 842/2002 “Low Voltage Electrotechnical Regulations”

- Modification of R.D. 836/203 New “ITC MIE-AEM-2 of the Rules of lifting

and handling, referring to tower cranes for construction and other applications”

₋ Modification of R.D. 2085/1994 “Regulation of oil rigs”

₋ Modification of R.D. 2201/1995 “ITC MI-IP04: Fixed installations for retaildistribution of motor fuels petroleum retail facilities”

₋ Modification of R.D. 1427/1997 New “MI-IP03 ITC: Petroleum facilities for their own

use”

₋ Modification of R.D. 842/2002 “Low Voltage Electrotechnical Regulations”

- Modification of R.D. 836/203 New “ITC MIE-AEM-2 of the Rules of lifting

and handling, referring to tower cranes for construction and other applications”

REGULATIONS CONTAINED IN THE RD 560/2010

4. R.D. 560/2010 (OMNIBUS)

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- Modification of R.D. 837/2003 “New text amended andconsolidated the ITC MIE-AEM-4 of the Rules of lifting and handling concerningself-propelled mobile cranes”

- Modification of R.D. 2267/2004 “Regulation of Fire Safety in industrial workplaces”

- Modification of R.D. 365/2005 “ITC MI-IP05 install or repair and installationcompanies or repair of liquid petroleum products”.

- Modification of R.D. 888/2008 “Regulation on Storage offertilizers based

on ammonium nitrate with a nitrogen content less than or equal to 28 percent by

mass”

- Modification of R.D. 837/2003 “New text amended andconsolidated the ITC MIE-AEM-4 of the Rules of lifting and handling concerningself-propelled mobile cranes”

- Modification of R.D. 2267/2004 “Regulation of Fire Safety in industrial workplaces”

- Modification of R.D. 365/2005 “ITC MI-IP05 install or repair and installationcompanies or repair of liquid petroleum products”.

- Modification of R.D. 888/2008 “Regulation on Storage offertilizers based

on ammonium nitrate with a nitrogen content less than or equal to 28 percent by

mass”

REGULATIONS CONTAINED IN THE RD 560/2010

4. R.D. 560/2010 (OMNIBUS)

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- Modification of R.D. 919/2006 “Technical regulation for distribution and use of

gaseous fuels and ITC ICG 01 A 11”

- Modification of R.D. 1416/2006 “ITC MI-IP 06: How to knock out the storage

tanks of liquid petroleum products”

- Modification of R.D. 223/2008 “Regulation on technical conditions and securityguarantees in high voltage power lines and ITC's LAT 01 TO 09”

- Modification of R.D. 2060/2008 “Regulation of Pressure Equipmentand ITC's”

- Modification of R.D. 919/2006 “Technical regulation for distribution and use of

gaseous fuels and ITC ICG 01 A 11”

- Modification of R.D. 1416/2006 “ITC MI-IP 06: How to knock out the storage

tanks of liquid petroleum products”

- Modification of R.D. 223/2008 “Regulation on technical conditions and securityguarantees in high voltage power lines and ITC's LAT 01 TO 09”

- Modification of R.D. 2060/2008 “Regulation of Pressure Equipmentand ITC's”

REGULATIONS CONTAINED IN THE RD 560/2010

4. R.D. 560/2010 (OMNIBUS)

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1. Authorization is replaced by the Declaration of Responsibility.

From the time of submission to the competent authority to enable for theexercise of the activity throughout the country

• The Declaration of Responsibility enables indefinitely

1. Authorization is replaced by the Declaration of Responsibility.

From the time of submission to the competent authority to enable for theexercise of the activity throughout the country

• The Declaration of Responsibility enables indefinitely

2. Existing businesses established for the exercise of this activity in any EUMember State shall submit to the Competent Authority of the CA where itlies its registered office or where they want to start their activity, a Declaration of Responsibility

2. Existing businesses established for the exercise of this activity in any EUMember State shall submit to the Competent Authority of the CA where itlies its registered office or where they want to start their activity, a Declaration of Responsibility

5. Main amendments to the Rulesof Distribution and Use of GaseousFuels

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3. The Declaration of Responsability carried out in a given CA counts forthe conduct of business across the country

4. It does not require the submission of documentation of compliance with therequirements along with the declaration. However, this documentation must be available for presentation to the competent authority, if it so requires in exercisingits powers of inspection and investigation

5. CARD is deleted but not INSTALLER REQUIREMENTS.

6. The Competent Authority of the Autonomous Region assigned ex officio, anidentification number to the company and submit the necessary data for inclusionin the Register covered by Title IV of the Law 21/1992 of July 16, Industry

7. Any event that involves a change in any of the data included in the originalstatement and the termination of the activities must be reported by the applicantto the Competent Authority of the Autonomous Regions

3. The Declaration of Responsability carried out in a given CA counts forthe conduct of business across the country

4. It does not require the submission of documentation of compliance with therequirements along with the declaration. However, this documentation must be available for presentation to the competent authority, if it so requires in exercisingits powers of inspection and investigation

5. CARD is deleted but not INSTALLER REQUIREMENTS.

6. The Competent Authority of the Autonomous Region assigned ex officio, anidentification number to the company and submit the necessary data for inclusionin the Register covered by Title IV of the Law 21/1992 of July 16, Industry

7. Any event that involves a change in any of the data included in the originalstatement and the termination of the activities must be reported by the applicantto the Competent Authority of the Autonomous Regions

5. Main amendments to the Rulesof Distribution and Use of GaseousFuels

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6. Final Conclusions

1. Paralellism with the policy of the New Approach Directives

2. Technical improvement of deregulatory framework, applying policies quality

services (Art. 20 of the Law 17/2009)

3. MITYC will strongly support those initiatives that encourage providersto voluntarily ensure the quality of their services (certification or assessment

of their activities by independent or accredited bodies).

4. Commitment to develope these performances in our country and at the

same time, cooperate with the European Commission and other MembersStates to implement the Services Directive at Community level.

1. Paralellism with the policy of the New Approach Directives

2. Technical improvement of deregulatory framework, applying policies quality

services (Art. 20 of the Law 17/2009)

3. MITYC will strongly support those initiatives that encourage providersto voluntarily ensure the quality of their services (certification or assessment

of their activities by independent or accredited bodies).

4. Commitment to develope these performances in our country and at the

same time, cooperate with the European Commission and other MembersStates to implement the Services Directive at Community level.

FINAL CONCLUSIONS