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Decision of 26 November 2009 laying down rules for the implementation of the Services Act with regard to the Central Window (Service Order Central Window)
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
On the nomination of Our Minister of Economic Affairs of 15 May 2009, No WJZ 9082391;
Having regard to Articles 6, 8 and 21 of Directive No 1408/71, 2006 /123/EC of the European Parliament and of the Council of the European Union of 12 December 2006 on services in the internal market (PbEU L 376), and Article 5, third paragraph, of the Services Act ;
Heard the Council of State (opinion of 3 June 2009, No W10.09.0158/III);
Having regard to the further report of our Minister of Economic Affairs of 23 November 2009, No WJZ/9207240;
Have found good and understand:
For the purpose of this Decision:
assistance message: an information request as referred to in Article 23 of the Services Act or a message to be used to handle it;
procedure message: a message relating to procedures and formalities.
The central location shall be arranged so as to:
a. A competent authority or a service provider may have a connection to that location by means of which procedures are sent and received through that ticket;
(b) a competent authority or a service provider may also send or receive a procedural message through the centre of contact if it has a functionality connected to its reliability or reliability by that competent authority or service provider; increase the confidentiality of that message;
the uninterrupted functioning of the central location shall be ensured as best as possible, including during operations relating to maintenance, replacement or extension of provisions forming part of the central location;
d. the likelihood of unforeseen disturbances in the operation of the central location is as small as possible and the consequences thereof shall be undone as soon as possible;
e. if on the basis of Article 13, second paragraph, of the Services Act , by means of ministerial rules, rules shall be laid down concerning the terms of destruction of messages sent from the Central Window, which shall be destroyed without delay within this point of view, after the expiry of the deadlines applicable to them;
f. transmissions of messages between competent authorities through that window may be transmitted.
The central location is arranged so that the connection of a service provider at that stop provides an electronic environment accessible to him only where:
a. Any procedural message sent via the central location and addressed to it shall be received;
b. a copy of each of the procedural messages sent by the service provider through the central location;
c. the messages referred to in (a) and (b) can be viewed by him, destroyed or transferred unchanged to a data-processing system outside the Central Window, as long as a period of destruction as intended in this Annex is Article 2 (e) , it has not passed.
1 The central location shall be arranged so that the connection of a competent authority to that stop shall be capable of handling the procedure messages sent or received by means of the ticket.
2 The central location shall be established in such a way that a form established by a competent authority which relates to procedures and formalities shall be made accessible by service providers within this window for transmission if:
a. Service providers are designated when completing procedures and formalities at the time of use of the form by the use of which a competent authority has prescribed the use; and
b. a competent authority has made the form itself electronically accessible for use, but not in such a way as to allow it to be transmitted in any way through the central location.
1 The central location is arranged so that the time is recorded on which a procedural message:
a. An electronic environment accessible to a service provider within the central location of a service provider, or a competent authority, respectively, where a service provider has, respectively, the procedural message to that service provider; dispatched;
b. Leaving the central window, if a service provider has sent the procedure message through the central decoy to a data processing system outside the central location.
2 The centre of contact shall be arranged so that the date of registration referred to in paragraph 1 (a) or (b) is attached to the procedure notice in a manner accessible to the recipient.
3 The centre of contact shall be arranged so that the recipient of a procedural message referred to in paragraph 1 (a) shall be informed without delay of the presence of that message in the electronic environment within the centre of contact with which it is based. it has reached its dispatch.
4 The central location shall be established in such a way that the first to third paragraphs shall apply mutatis mutandis to the transmission of messages between competent authorities.
The Articles 2 , 3 and 5 (i) are also applicable to the transmission and transmission of an assistance message through the central location, subject to the fact that "a competent authority" is read each time: Our Minister, for 'service provider': business customer; and for "procedure message": assistance message.
1 The centre of contact shall be arranged so that the necessary technical and organisational measures have been taken to ensure the protection of data contained in the central location against loss or deterioration of such data and the non-competent authorities. the taking-up, inclusion, modification, disposal or provision of such data.
2 The central location is arranged so that the necessary technical and organizational measures have been taken to protect the centre of contact against unauthorized use and obstruction of the proper functioning of that decoy.
3 The measures provided for in paragraphs 1 and 2 shall, in any event, concern:
a. The persons employed by our Minister;
b. Access to the Central Window, including those which provide access to the central location;
c. access to buildings and premises where equipment and software forming part of the central location are present;
d. The equipment and software of the central decoy;
e. data and management of the data contained in the Central Window;
f. The prevention of calamities and handling thereof.
4 The central location shall be established in such a way that if the measures provided for in the first to third members have the effect of preventing the transmission or reception of a procedure or assistance message through the central location, the message is sent without delay to the sender of the message.
5 The measures referred to in the first to the third paragraph shall not seek to restore a procedure or assistance which is likely to be affected or is likely to be lost by any other information contained in the same message.
6 If Our Minister finds that the uninterrupted or proper functioning of the Central Window as a facility is, or is likely to be, compromised, it shall be communicated as soon as possible to all the Member States at the centre of contact. service providers and competent authorities.
Detailed rules may be laid down in the case of a ministerial arrangement concerning the establishment of the centre of contact, intended for the purpose of Articles 2 to 6 , and 7 first to fifth members .
This Decision shall enter into force on a date to be determined by Royal Decree.
This decision is cited as: Service decision central location.
Charges and orders that this Decision will be placed in the Official Journal by means of the note of explanatory note accompanying it.
' s-Gravenhage, 26 November 2009
Beatrix
The Minister for Economic Affairs,
M. J. A. van der Hoeven
Published on 4 December 2009The Minister of Justice,
E. M. H. Hirsch Ballin
