Business Register Interoperability Throughout Europe Vito Giannella European

Business Register Interoperability Throughout Europe Vito Giannella European Business Register eeig

Brite project • Contract signed with the European Commission • Project started on the 1 st of March 2006 36 months duration • • 19 partners, with EBR EEIG as coordinator 7 Business Registers currently involved Detailed plan for the first 18 months Integration of new partners possible for second phase • Total EC funding 6. 3 M €

Last news from EBR • New countries in the EBR network : the Netherlands and Ukraine • United Kingdom and Jersey to join soon • More data available, more traffic, more countries, towards a self sustainable network

Current scenario

Future scenario • Societas Europaea • European private company • Cross border transfer of companies’ registered offices • Branches abroad, cross border mergers • Amendment 1 st EU Directive • Anti money laundering, e-procurement, transparency of financial markets, etc • Services Directive

A likely future scenario : the BRITE project

The four service cases BRITE will address the complete interoperability (semantic, technical and organisational) between Business Registers and will test the results with four pilots: • Transfer of seat for SE and for the coming 14 th Company Law Directive • 11 th Directive enforcement and simplification • Cross-domain interoperability • Support for e-procurement take up

Transfer of seat • Focus on the SE but use functions that could be re-used for the 14 th Directive • Sweden, Norway, Ireland in consultation with Italy, Greece, Denmark, Spain • Will extend in due course to all countries through the “concertation” process

The flow of a transfer of seat

11 th Directive on Branches • Significant increase in cross-border registrations 10% of new German companies registered in the UK Many other examples of cross border registrations • Companies being dissolved without the register of the branch (or the company!) being aware • Taking a layered approach to improving functionality • Revisit the SLIM proposals on branches

Branch - Levels of communication • Let the register of the branch – the host register get data and documents directly and securely from the company’s home register • Let the home register find, and get information from, any host register • Notify the host register of events (insolvency, change of constitution etc. ) on the home register and vice versa • Let the public while viewing the home or host register, link directly to the data on the other register

Branch – the SLIM proposals “Disclosure exclusively takes place in the home state of the company and remains subject to the regulations of that state, which will also determine, pursuant or in addition to the directive which information should be disclosed; In the host state, no additional filing should be required, third parties being able to retrieve the documentation from the electronic database in the home state; ” “conditional upon the availability of a Europe- wide company data dissemination network. ”

Cross-domain interoperability • Allow the business registers communicate cross-borders with other agencies • Support the implementation of directives and regulations in other domains • Carry other information on companies Transparency Directive Know Your Client rules

e. Procurement Take-up • The action plan for electronic public procurement promotes Standardisation of business documents Uniform tendering documents Certificates and business documents to be available in electronic form. • The Amendment of the First Company Law Directive Member States shall take the necessary measures to ensure that certification of electronic copies guarantees both the authenticity of the origin and the integrity of the content, by mean at least of an advanced electronic signature

e. Procurement Take-up • Focus on a common Business Certificate • Support the reduction of administrative burdens for companies: • Tendering PA to check and acquire data about the company At national level (for “national” companies), with a direct link to the national Business Register At EU level (for “foreign” companies), with a link, again, to the national Business Register that “mediates” the interconnection with the “foreign” Business Register using the EBR network.

BRITE Concertation Board • Business Registers from all over Europe to be involved as well as DG Internal Market, DG Enterprise, OECD • Validate progress and results • Extend the project partnership • Prepare for implementation • Interest from Asia/Pacific and North America • Other Public Administrations to be invited • First meeting, Venice, 21 st of September 2006

More information www. briteproject. net vito. giannella@ebrdirect. be paul_farrell@entemp. ie philip_gallagher@entemp. ie