Commission staff working paper Background information related to the strategy for expanding and developing the Internal Market Information System (?IMI’) Accompanying document to the Communication on better governance of the Single Market through greater administrative cooperation: A strategy for expanding and developing the Internal Market Information System (?IMI’)

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COUNCIL OFBrussels, 22 February 2011 THE EUROPEAN UNION 6859/11 ADD1

MI 86 COMPET 53 COVER NOTE from: Secretary-General of the European Commission, signed by Mr Jordi AYET PUIGARNAU, Director date of receipt: 21 February 2011 to: Mr Pierre de BOISSIEU, Secretary-General of the Council of the European Union Subject: Commission staff working paper Background information related to the strategy for expanding and developing the Internal Market Information System (IMI') Accompanying document to the Communication on better governance of the Single Market through greater administrative cooperation: A strategy for expanding and developing the Internal Market Information System (IMI') Delegations will find attached Commission document SEC(2011) 206 final. ________________________

Encl.: SEC(2011) 206 final

EUROPEAN COMMISSION Brussels, 21.2.2011 SEC(2011) 206 final COMMISSION STAFF WORKING PAPER Background information related to the strategy for expanding and developing the Internal Market Information System (IMI') Accompanying document to the Communication on better governance of the Single Market through greater administrative cooperation:

A strategy for expanding and developing the Internal Market Information System (IMI') Text with EEA relevance (COM(2011) 75 final)

INTRODUCTION This Commission staff working document contains background information relevant to the Commission Communication "Better governance of the Single Market through greater administrative cooperation A strategy for expansion and further development of the Internal Market Information System (IMI)". SECTION

I

HOW

IMI

WORKS

IMI has been designed as a reusable tool which can be easily customised to support new legislative areas. In order to reuse the IMI information exchange workflow for a new legislative area, the only effort required is to import a new set of translated question and answer pairs (derived from the relevant legislative provisions) into the IMI database and to ensure that any competent authorities who wish to exchange this information are registered in IMI and have access to the new legislative area. Competent authorities need only register once in the IMI database and may be granted access to multiple legislative areas, depending on their sphere of competence. Registration in IMI is open to national, regional and local authorities in the EU, Iceland, Liechtenstein and Norway who deal with the specific legislation it supports.

COMPETENT AUTHORITIES AND NATIONAL EXPERTSCOMPETENT AUTHORITIES AND NATIONAL EXPERTSCOMPETENT AUTHORITIES AND NATIONAL EXPERTSCOMPETENT AUTHORITIES AND NATIONAL EXPERTSCACACACACACACACACACACACACACACACACACA

DATADATADATADATADATADATADATADATADATADATADATADATADATADATADATADATADATADATA

InformationInformationInformationInformationInformationInformationInformationInformationInformationInformationInformationInformationInformationInformationInformationInformation

exchange forexchange forexchange forexchange forexchange forexchange forexchange forexchange forexchange forexchange forexchange forexchange forexchange forexchange forexchange forexchange forLANGUAGELANGUAGELANGUAGELANGUAGESUPPORTSUPPORTSUPPORTSUPPORTSERVICESSERVICESSERVICESSERVICESPROFESSIONALPROFESSIONALPROFESSIONALPROFESSIONALPOSTING OFPOSTING OFPOSTING OFPOSTING OFQUALIFICATIONSQUALIFICATIONSQUALIFICATIONSQUALIFICATIONSWORKERSWORKERSWORKERSWORKERS........................................................QUESTIONSQUESTIONSQUESTIONSQUESTIONSQUESTIONSQUESTIONSQUESTIONSQUESTIONSQUESTIONSQUESTIONSQUESTIONSQUESTIONSQUESTIONSQUESTIONSQUESTIONSQUESTIONSQUESTION SET GENERATORQUESTION SET GENERATORQUESTION SET GENERATORQUESTION SET GENERATOR

IMI helps its users to:

· find the right authority to contact in another country;

· communicate with them using pre-translated sets of standard questions and answers;

· follow the progress of the information request through a tracking mechanism.

Because Member States have been closely involved in devising the system, IMI offers uniform working methods agreed by every EU country. For more information

on IMI, please see the IMI website: http://ec.europa.eu/internal_market/imi-net/index.html

The screenshots below illustrate how a Polish competent authority that needs information about a British pharmacist can send a request in Polish to its counterpart in the UK. The UK authority can view and reply to the questions in English. Screenshot 1- Polish authority's view of the request Screenshot 2- U.K authority's view of the same request

SECTION

II - FINANCIAL EXPENDITURE

A. Overall expenditure on IMI to date

Table (A) below provides an overview of total expenditure on IMI to date and estimated expenditure for the period 2011-2012. Table A 2006-2009 2010 2011 2012 Total () (actual ) (actual ) planned planned

(1) Development 2 195 000 950 000 650,000 650,000 4 445 000

(2) Maintenance &

support services - -400 000 350 000 350 000 1 100 000 (3) Hosting 118 000 237 000 237 000 237 000 829 000

(4) Training &

promotion 200 000 100 000 200 000 200 000 700 000

Total

2 513 000 1 687 000 1 437 000 1 437 000 7 074 000

B. Financial advantages of a reusable IT system

The original concept of IMI as a reusable tool which could be easily customised to support new legislative areas has been successfully proven with the expansion from a single module covering the Professional Qualifications area to three current modules (Professional Qualifications, Services, Posting of Workers

).

While examining the feasibility of using a specific module of the IMI system to be used in the area of posting of workers in order to further enhance administrative cooperation foreseen under Directive 96/71/EC (concerning the posting of workers in the framework of the provision of services), an analysis of the expected costs and benefits carried out showed that no further technical development was required and therefore no development cost would be incurred. A separate and specific application for Posting of Workers has been created in IMI without any IT cost and will be used as a pilot following the adoption of Council Conclusions (foreseen for EPSSCO Council in March 2011).

It is possible to appreciate the potential savings offered by a reusable system, by comparing the cost of developing an electronic information exchange tool from scratch versus adapting or reusing an existing tool. Table (B) below shows:-

· the actual cost of developing the first (information exchange) workflow from scratch, including common system features (row 1);

· the incremental cost of reusing this information exchange workflow in a separate and specific application to support the Posting of Workers directive (row 2);

· the cost of adapting IMI to develop a second (alert) workflow, reusing the existing common system features (row 3).

Please note that Table B deals with the portion of total development cost associated with the initial development of the two IMI workflows. Subsequent development of IMI has taken place in response to user requests for improvement and in 2010 a new searchable database of registers was developed. These additional costs (included in Table A) are excluded from Table B below. Table B IMI feature Cost to develop

(1) Cost of developing first IMI workflow 1 417 000

· Common features (competent authority database, multilingual support, registration of authorities and users, user management, authentication)

· First workflow (one-to-one information exchange, used for both Professional Qualifications and Services directives)

(2) Incremental cost of re-using the existing information exchange workflow (and common features of IMI) to support the administrative cooperation requirements of the Posting of Workers Directive 0 (3) Incremental cost of developing a new workflow to support the alert mechanism foreseen in the Services Directive, reusing the existing common features of IMI 973 500

· Second workflow(one-to-many alert) The cost of development is just one aspect of the total cost of an IT system. Annual costs for hosting, maintenance, second-line support and training as shown in rows 2- 4 of Table (A) above should also be factored in. Re-using an existing IT system generates synergies as these costs are not incurred many times over for separate systems.

SECTION

III

ESSENTIAL BUILDING BLOCKS FOR FURTHER DEVELOPING

IMI Building block Function Elements already in IMI Authentication Verifies whether someone who tries to access the system is an authorised user Internal user name, password and digital code Competent authority management Enables the authorising actor to give others access to the system and to define their user profile (rights to act within the system) Self-registration module (by invitation) and authorisation Multilingual user Enables the user to work in their language of choice 23-language interface and interface machine translation

Information Exchange workflows

A pre-structured sequence of interactions between authorities in the system (content may be questions/answers, structured forms, free text, attached files, etc.) Information request Alert

· Information request

· Alert

· Notification Interface with Enables uploading, sending, storing, None external systems receiving and downloading of pre-structured information sets (transfer of information to/from external systems) Information repository Structured storage capacity for data Competent authorities database exchanged or uploaded within the system Registers database Search Capacity to find specific information within any data or within defined categories of data within a database Various searches Further improvement needed

Report and statistics Generates structured reports and statistics on activities and data within the application External, Business Objects Webform for external supply and retrieval of data Technical means

, which can be used by Not available yet existing networks for administrative cooperation to allow citizens, enterprises and organisations to interact with the competent authorities in order to supply information and retrieve data

SECTION

IV - INDICATIVE LIST OF POTENTIAL AREAS THAT COULD BENEFIT FROM

IMI

(as identified and (partially) examined by the Commission services and Member States in 2010)

TOPIC Related texts and initiatives

Internal Market Gambling

· No specific legal instrument on gambling

· Council Conclusions 10 December 2010 mentioning IMI

· Public consultation on on-line gambling to be launched in the first quarter of 2011

e-Commerce

· Ongoing evaluation of 2000/31/EC

· Article 3.4 on the notification procedure and Article 19 on cooperation between contact points

· Public consultation completed on 5 November 2010

· Communication planned for first semester in 2011 Intellectual property

· Directive 2004/48/EC requires designation of national correspondents rights

· 2008 Communication and Council conclusions: mentions setting up a network for exchanging information Professional qualifications

· European professional card, alert system for health professions

· To be examined as part of the review of the Professional Qualifications Directive Services

· Notification procedure (Articles 15.7 and 39.5 of Services Directive 2006/123/EC)

e-Procurement

· Public procurement package: Directives 2004/18/EC and 2004/17/EC

· e-CERTIS database to help companies and contracting organisations cope with the documentation demands encountered when tendering for public contracts in the EU Postal Services

· Directive 2008/6/EC on internal market of postal services

· Article 22 on collaboration and mutual assistance of national regulatory authorities Business registers

· Forthcoming proposal for a directive on creating links between company registers Auditing

· Directive 2006/43/EC on Statutory Audit. Article 33 on cooperation between public oversight systems

· Green Paper on audit policy (October 2010) deals with closer cooperation between `the national audit oversight systems' and mentions the idea of a European pass for auditors Assets Management

· UCITS: Directive 2009/65/EC. Article 34 concerns the need to set up a central system to store a database of all UCITS and related information, including the documentation referred to in Article 93(3) of Directive 2009/65/EC

· AIFM: Proposal for a Directive on Alternative Investment Fund Managers currently in discussions. Chapter VIII, Section 2 concerns cooperation between Competent Authorities Insurance and

· Revision of 2002/92/EC on insurance mediation pensions

· Article 9 on exchanging information between Member States

· Ongoing public consultation until end of January 2011 Employment and Social Affairs Posting of workers

· A separate and specific application of IMI to be used as a pilot following the adoption of Council Conclusions (foreseen for

TOPIC Related texts and initiatives

EPSSCO Council in March 2011) Coordination of social security systems

· Regulation (EC) 883/2004 and its Implementing Regulation (EC) 987/2009

· Potential synergies with IMI Enterprise and Industry Marketing of products

· Regulation (EC) 765/2008 setting out the requirements for accreditation and market surveillance relating to the marketing

of products

· Article 23 on a general archiving and exchange of information system, using electronic means Free movement

of

· Regulation (EC) No 764/2008 laying down procedures relating to the application of certain national technical rules to products lawfully marketed in another Member State goods

· Article 11: The Commission may establish a Telematic Network for the exchange of information between Product Contact Points and/or the competent authorities of the Member States Product Contact Points Approval of vehicles

· Directives on approval of motor vehicles (2007/46/EC), tractors (2003/37/EC) and three-wheel motor vehicles (2002/24/EC)

· Article 12 (2007/46/EC), Article 13 (2003/37/EC) and Article 4 (2002/24/EC) mention cooperation between approval authorities Marketing

of

· Proposal for a regulation on harmonised conditions for the marketing of construction products (repealing Directive 89/106/EEC) construction products

· Chapter VII on notification authorities, including provisions on exchanging experience between authorities (Article 44) and coordination of notified bodies (Article 45) Economic Affairs Cross-border cash in transit

· Draft regulation on cross-border transportation of euro cash presented in July 2010

· Article 11 on mutual information and National Contact Points

· Articles 20, 22, 23 (notification, alerts) Justice Public documents

· Green paper Less bureaucracy for citizens: promoting free movement of public documents and recognition of the effects of civil status records was adopted on 14/12/2010 and Civil status documents Contract Law

· Cooperation between judicial authorities in the context of a possible future instrument on European contract law

Transport Passenger rights

· Regulations EU 261/2004, EU 1107/2006, EU 1370/2007, EU 1177/2010 and future Regulation on passenger rights for transport by sea and inland waterways; draft Regulation on Rights of Passengers in bus and coach transport.

· Article 31 of 1371/2007/EC about cooperation between National Enforcement Bodies (for the purposes of the passenger rights regulations, it would be necessary to include opening of registration in IMI to Switzerland and other European third countries which apply EU Law through bilateral agreements) Vehicle procurement

· Directive 2009/33/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of clean and energy- efficient road transport vehicles.

· The Directive requires that energy and environmental impacts linked to the operation of vehicles over their whole lifetime are taken into account in purchase decisions. Maritime transport

· New directive which obliges MS to have a single information point for maritime issues (Single Window). The most likely platform to exchange data between ports and authorities is SafeSeaNet, but there may be potential synergies between this system and IMI policy: ports and inland waterways Health Patients rights

· Proposal for a directive on patients' rights in cross-border healthcare

· Article 6.2 about cooperation between National Contact Points for cross-border healthcare; Article 10(1) about the exchange of information between MS on standards and guidelines on quality and safety and supervision; Article 10 (2) (b) about the exchange of information on the right to practice of health professionals Medicinal products

· Proposal for a directive on falsified medicinal products currently discussed in first reading Media Audiovisual & Media services

· Audiovisual Media Services Directive (AVMS): 2010/13/EU

· Article 30 on cooperation and exchange of information between regulators (AVMSD) Education Europass

· Europass Decision 2241/2004/EC Energy Energy Efficiency and Intelligent Energy

· Labelling Directives

· Energy Star Regulation

· Ecodesign Directive: exchange of information on product testing results between energy performance auditors

SECTION

V:

IT

TOOLS FOR ADMINISTRATIVE COOPERATION

(

NON- EXHAUSTIVE LIST

)

No

of

IT Tool EU policy registered public authorities area Short description Operational since Multilingual Exchange volume CIRCABC (`Communication and Information Resource Centre for Administrations, Businesses and Citizens')

is used to create collaborative workspaces where communities of users can work together over the web and share information and resources. It is intended to replace CIRCA (Communication and Information Resource Centre for Administrations), an e- government solution supporting the online collaborative activities of the European Union's public administrations. Since 1997, CIRCA has operated as an IDA(BC) service and has been used by more than 30 Directorates-General, in particular by the committees and consultative bodies established to support collaboration between the Member States and the EU institutions. More than 100 national administrations have received a free licence and use it for their own needs. The CIRCABC groupware enhances the performance of CIRCA in terms of capacity, security, availability and interoperability. Its user interface will be available in 23 languages. CIRCABC All policy areas 2007 Yes The aim is to enable information exchange between national authorities and serve as an information repository to improve EU cooperation in the field of consumer Interfaces yes. Translation

of information exchanged

is protection enforcement. National CPCS: Consumer Protection Cooperation System enforcement authorities are able to exchange information and cooperate with counterparts in other Member States working together to stop rogue traders or any other cross-border breach of consumer protection laws. It tackles breaches in a variety of areas such as misleading advertising, package holidays, timeshares and distance selling. CPCS is used as the IT tool to support the ECC-NET network of European consumer centres. Consumer protection 2006 1500 over last 4 years 3000 the responsibility

of the MS The structured electronic messages exchanged

in Directory services operational since 2010, system the system are translated in

22 EESSI (Electronic Exchange of Social Security Information) The EESSI system will support information exchanges that take place between the social security institutions of the Member States to implement EU social security coordination rules. The objective is to ensure that all the information exchanges currently taking place through the use of paper E (European) forms will be undertaken by electronic means. official Social Affairs for languages of the EU but the translation of information exchanges and software interfaces is the responsibility

of the MS.

No data 10, 000 -

16 000 exchanging info will be fully operational in May 2012 available yet

No

of

IT Tool EU policy registered public authorities area Short description Operational since Multilingual Exchange volume ERRU stands for European Registers of Road Transport Undertakings. The system interconnects national electronic registers for road transport undertakings in order to enable Member States to exchange information on infringements and about transport managers in a fully automated mode. The exchange of information is based on Regulation (EC)

No 1071/2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator, Regulation (EC)

No 1072/2009 on common rules for access to the international road haulage market and Regulation (EC) No 1073/2009 on common rules for access to the international market for coach and bus services. Almost all Competent Authorities of EU content

of

will

be the messages is predefined and therefore multilingual and ERRU Transport operational

in early 2013 EFTA countries (one contact point per country) EUCARIS stands for EUropean CAR and driving licence Information System. The system has been developed by and for national authorities and is operated by a national organisation (RDW). With EUCARIS countries can connect their registries and communicate directly. In 2008 the EUCARIS application was introduced by Council Decisions 2008/615/JHA and 2008/616/JHA (formerly known as the Prüm Treaty) for combating crime and is supposed to connect all EU MS by mid 2011. Currently several Member States are involved in EUCARIS for the exchange of information on vehicle registration (11 Member States) and on driving licences (7 Member States). The exchange is based on different legal frameworks. EUCARIS partly operational

in (Not managed by Commission)

Transport countries ( supposed to

be fully operational

in 2011) Eudamed is a secure web-based portal acting as a central repository for information exchange between national competent authorities and the Commission. It is not publicly accessible. Eudamed is currently being used by a number of Member States on a voluntary basis and will be obligatory as from May 2011. The aim of Eudamed is to strengthen market surveillance and transparency in the field of medical devices by providing Member State competent authorities with fast access to information on manufacturers and authorised representatives, on devices and certificates and on vigilance and clinical investigation data. It also contributes to a uniform application of the Directives, in particular for registration requirements. Approx. [[note: 1 Million medical advice messages are EUDAMED Health 2004 No, just EN Approx. 30 being exchanged]]

No

of

IT Tool EU policy Exchange volume registered public authorities area Short description Operational since Multilingual European Computerise

d System for Exchanging Information

on Criminal Convictions (ECRIS) ECRIS is a decentralised information technology system based on criminal record databases in Member States. It consists of an interconnection software that allows exchanges of information between national databases and a common communication infrastructure, which will initially be the Trans-European Services for Telematics between Administrations (S-TESTA) network. 100 000 messages per Justice 2012 Yes Not known yet month estimated IMI is a single information system designed to support administrative cooperation obligations under various Directives in the field of the internal market. Currently it is being used to support the Professional Qualifications Directive (2005/36/EC) and the Services Directive (2006/123/EC) and in 2011 a pilot project to support the Posting of Workers Directive (1996/71/EC)

is due to begin (still to be confirmed). IMI Internal Market February 2008 5700 public authorities,

10 000 users Yes 1404 in 2009

No Notifications are RAPEX is the EU rapid alert system for all dangerous consumer products, with the exception of food, pharmaceutical and medical devices. It allows Member States via central contact points and the Commission to rapidly exchange information on measures taken to prevent or restrict the marketing or use of products posing a serious risk to the health and safety of consumers in accordance with article 22 of Regulation 765/2008. only Health and Consumer protection being translated into Current version since 2004 RAPEX EN. 1993 in 2009 not known Interfaces

will

be multilingual

in Spring 2011 The Rapid Alert System for Food and Feed (RASFF) was put in place to provide food and feed control authorities with an effective tool to exchange information on measures taken responding to serious risks detected in relation to food or feed. This exchange of information helps Member States act more rapidly and in a coordinated manner in response to a health threat caused by food or feed. No, information

is Health and Consumer protection only translated into RASFF Since 1979 EN. 8000 for Interfaces

will become multi-lingual

in 2011. 2009 109 Standardise

d RESPER interconnects national electronic registers for Driving licences in order to enable the Member States Driving Licence issuing authorities an automatic exchange of information in accordance with Directive 126/2006/EC. question

Will

be sets are Likely that it

will include CAs outside the EU and EFTA available in

all languages, free text is not necessary [[note: 30 Mio RESPER Transport operational as of 19 Jan 2013 messages per anno SOLVIT is an on-line problem solving network in which EU Member States work together to solve without legal proceedings problems caused by the misapplication of Internal Market law by public authorities. 1540 SOLVIT cases were submitted in 2009 One Solvit SOLVIT Internal Market July 2002 Yes centre per EEA state (30)]]

No

of

IT Tool EU policy Operational since registered public authorities area Short description Multilingual Exchange volume Currently 33 countries

(EU Member States and AETR countries);

50 participating States when

all Standardise

d question Tachonet interconnects national electronic registers for Driver-cards for the Digital Tachograph in order to enable Member States Driver card issuing authorities an automatic exchange of information as stated in Regulation (EEC) n°3821/85 sets are available in

all languages, free text is not necessary

in TRACES 2004 October 2010 1000 the system.

In the field of products and information society services, Directive 98/34/EC obliges Member States to notify to the Commission and to other Member States their technical regulations (rules on information society services) at a draft stage. TRIS contains a database of notifications which can be searched by country, number, date, keyword, etc. Draft text is translated into Enterprise and Industry all TRIS 1990 languages if document is less than 30 pages 3099 in 2009 [[note: 31]]

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