By 28 December 2009 all EU member countries are expected to have incorporated the Services Directive into their national legislation. From that point on they may only apply necessary and reasonable requirements and justifiable licensing.
In The Netherlands this is being done through the following measures:
- the Services Act ;
- the Amending Act ;
- the Reform Act.
The Services Directive will result in:
- fewer rules;
- different rules of the game;
- a digital one-stop shop;
- information obligations.
Under the Recognition of EC Vocational Qualifications Act, certain so-called regulated (protected) professions may only be practised after official approval has been granted, e.g. through registration or by obtaining a specific national diploma.
To provide services either from outside the EU or from Romanian or Bulgaria, you must check to ensure that you are permitted to work in the Netherlands in accordance with the Foreign Nationals (Employment) Act.
"Single points of contact"
The Services Directive has helped to simplify procedures for cross-border service activities. Governments are expected to take steps to improve the rights of service recipients and the quality of services. Lastly, the EU member countries must jointly monitor the flow of services.
The Netherlands has opted to house the digital one-stop shop on the existing Antwoord voor bedrijven website. Entrepreneurs can access this portal to obtain information on regulations, licensing and subsidies. Starting in 2009 it has also become the place to request digital licences. The website is being upgraded so that it meets requirements stemming from the Services Directive.
In some cases foreign workers abroad may continue to be covered by Dutch social security. To obtain such cover, they must have in their possession a valid E101 certificate. The E101 is a European form which workers can use in any EU country to show that they are covered by their national social security scheme.
Proof of qualifications
European agreements govern the mutual recognition of qualifications providing access to regulated professions.
Work permit applications
To provide services either from outside the EU or from Romanian or Bulgaria, you must check to ensure that you are permitted to work in the Netherlands in accordance with the Foreign Nationals (Employment) Act. Work permits should be requested from UWV WERKbedrijf.
Information from the Dutch government can be found on the Antwoordvoorbedrijven.nl website, which lists at a glance all the various relevant dos and don'ts, e.g. licences and requirements, laws and regulations, taxes and subsidies. The one-stop shop facility is currently being added to the website.