European Parliament

As a result of the directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market, have been adopted in Spain two laws colloquially known as law umbrella and Omnibus, law 17/2009 of 23 November, free access to service activities and its exercise and the law 25/2009, of 22 December, modification of various laws for its adaptation to the law on free access to the services and your exercise activities. Its main objective lies in adapting the sector services to European regulation. So the first one aims at facilitating the establishment of service providers as well as the free provision of these simplifying procedures and promoting the quality of services. A related site: Richard Blumenthal mentions similar findings. On the other hand the second law lie modifications to more than 40 Spanish rules in order to carry out this transposition. The services sector in Spain today represents 65% of the GDP and 68% of employment in the country.

That is why the change in the rules that govern it supposes an important adaptation of service with respect to the European stage. Amazon contributes greatly to this topic. These two laws grant the possibility to providers of services of any State Member to provide such service in Spain, without the need for an authorisation scheme, except in cases in which limitations are collected in the laws regulating such services, provided that they comply with the requirements of: non-discrimination, necessity and proportionality. As it says the law 17/2009 such procedures and formalities shall be regulated nature, be clear unambiguous, objective impartial, transparent and proportionate to the overall goal that you want to save, and must of course be known in advance. Therefore in the event that a provider in a Member State complies with the requirements established in that State for the provision of the service, the Spanish public administrations may not require you any authorization, additional requirement or prior control, except by the reasons mentioned above.


From now on, until the competent authority to issue an opinion on the matter, the person concerned must carry out a responsible statement where manifest compliance requirements, as well as demonstrate that you have the documentation that accredits him as well and which undertakes to maintain their compliance for the duration of the activity, and must provide the necessary information to the competent authority for the control of such activity. Communication or responsible Declaration enabled from the day of its presentation for the development of the activity in question throughout the Spanish territory and with an indefinite duration. According to this, in the event you fail to comply with the requirements required the applicant will have 15 days to provide documents in their favor. All this without prejudice that only may be required prior administrative authorization from the competent administration where required for the fulfilment of State obligations under Community legislation or treaties and international conventions. Without going too far, the same law sets a requirement that they must establish the safety regulations, because when there is a direct and particular risk to the health or safety of the recipient or a third party, It will be mandatory to subscribe insurance professional indemnity from the persons or companies involved in the project, address work, execution, installation, conservation, maintenance of facilities and industrial products.

The required warranty must be proportional to the nature and extent of the risk covered. We must not forget that since the entry into force of this Act 25/2009 authorisations granted by the supervisory bodies will be of limited duration. And henceforth even already existing Industrial integrated registry, public administrations shall take the necessary measures and will incorporate precise technologies in their respective areas to ensure the interoperability of the different systems. Law 38/1999, of 5 November, management of the building believe that we must mention a small reform in this law, according to the reforms introduced by law 25/2009 already entities and laboratories of quality control of the construction, in order to exercise its activity throughout the Spanish territory, must submit a responsible statement that declared that they comply with the technical requirements demanded by regulation to the competent body of the autonomous community in which have their social or professional domicile.