Those activities may involve services requiring the proximity of provider and recipient, services requiring travel by the recipient or the provider and services which may be provided at a distance, including via the Internet. Where equivalence is only partial, Member States may require a supplementary guarantee tocover those aspects not already covered. In particular, the duration of the authorisation granted should be fixed in such a way that it does not restrict or limit free competition beyond what is necessary in order to enable the provider to recoup the cost of investment and to make a fair return on the capital invested. This also includes cases where recipients of a service are under an obligation to obtain authorisation from or to make a declaration to their competent authorities in order to receive a service from a provider established in another Member State. Furthermore, it is not necessary for an obligation of appropriate insurance to be laid down by law. In the mutual evaluation report provided for in Article39(1), Member States shall specify the following: the requirements that they intend to maintain and the reasons why they consider that those requirements comply with the conditions set out in paragraph3; the requirements which have been abolished or made less stringent. The Commission shall also adopt, in accordance with the procedure referred toin Article40(2), the practical arrangements for the exchange of information by electronic means between Member States, andin particular the interoperability provisions for information systems. As regards the content and methods of commercial communication, it is necessary to encourage professionals to draw up, in accordance with Community law, codes of conduct at Community level. (2) A competitive market in services is essential in order to promote economic growth andcreate jobs in the European Union. 4. A competitive market in services is essential in order to promote economic growth andcreate jobs in the European Union. If the provisions of this Directive conflict with a provision of another Community act governing specific aspects of access to or exercise of a service activity in specific sectors or for specific professions, the provision of the other Community act shall prevail and shall apply to those specific sectors or professions. 1. 1.If the provisions of this Directive conflict with a provision of another Community act governing specific aspects of access to or exercise of a service activity in specific sectors or for. Any activity which a person performs outside a relationship of subordination must be classified as an activity pursued in a self-employed capacity for the purposes of Articles43 and49 of the Treaty. The web archive version is the official version of this legislation item as it stood on exit day before being published to legislation.gov.uk and any subsequent UK changes and effects applied. (107) In normal circumstances mutual assistance should take place directly between competent authorities. A further set of obligations should apply in all cases of cross-border provision of services, including areas not covered by the provision on the freedom to provide services. Directive as last amended by the 2003 Act of Accession. This does not concern general authorisation schemes which also apply to the use of a service supplied by a provider established in the same Member State. The criteria referred toin paragraph1 shall be: justified by an overriding reason relating to the public interest; proportionate to that public interest objective; 3. 7.This Directive does not affect the exercise of fundamental rights as recognised in the Member States and by Community law. The concept of legal persons, according to the Treaty provisions on establishment, leaves operators free tochoose the legal form which they deem suitable for carrying out their activity. 36-68) RELATED ACTS Therefore it should be necessary for the provider to have cross-border cover only if that provider actually provides services in other Member States. This Directive is consistent with Community legislation on consumer protection, such as Directive2005/29/EC of the European Parliament and of the Council of 11May2005 concerning unfair business-to-consumer commercial practices in the internal market (the Unfair Commercial Practices Directive)(12) and Regulation (EC) No2006/2004 of the European Parliament and of the Council of 27October2004 on cooperation between national authorities responsible for the enforcement of consumer protection laws (the Regulation on consumer protection cooperation)(13). In view of the adoption in 2002 of a package of legislative instruments relating to electronic communications networks and services, as well as to associated resources and services, which has established a regulatory framework facilitating access to those activities within the internal market, notably through the elimination of most individual authorisation schemes, it is necessary to exclude issues dealt with by those instruments from the scope of this Directive. Member States should take accompanying measures to encourage professional bodies, organisations and associations toimplement at national level the codes of conduct adopted at Community level. Such different arrangements could include national rules according to which, in the absence of a response of the competent authority, the application is deemed to have been rejected, this rejection being open tochallenge before the courts. 1. It should only require that competent authorities, when considering whether these conditions are met by the applicant, take into account the equivalent conditions which have already been satisfied by the applicant in another Member State. By 28December2011 the Commission shall, after consultation of the Member States and the social partners at Community level, submit to the European Parliament and the Council a report on the application of this Article, in which it shall consider the need to propose harmonisation measures regarding service activities covered by this Directive. The derogation from the provision on the freedom to provide services relating to the judicial recovery of debts and the reference to a possible future harmonisation instrument should concern only the access to and the exercise of activities which consist, notably, in bringing actions before a court relating to the recovery of debts. The Commission shall communicate the provisions concerned to the other Member States. Those activities may involve services requiring the proximity of provider and recipient, services requiring travel by the recipient or the provider and services which may be provided at a distance, including via the Internet. Supervision by the Member State of establishment in the event of the temporary movement of a provider to another Member State. Where the number of authorisations available for a given activity is limited because of the scarcity of available natural resources or technical capacity, Member States shall apply a selection procedure to potential candidates which provides full guarantees of impartiality and transparency, including, in particular, adequate publicity about the launch, conduct andcompletion of the procedure. The Commission may also, in accordance with the procedure referred toin Article40(3), adopt measures designed to amend non-essential elements of this Directive by supplementing it by establishing common criteria for defining, for the purposes of the insurance or guarantees referred toin paragraph1 of this Article, what is appropriate to the nature and extent of the risk. That coordination of national legislative regimes should ensure a high degree of Community legal integration and a high level of protection of general interest objectives, especially protection of consumers, which is vital in order to establish trust between Member States. (105) Administrative cooperation is essential to make the internal market in services function properly. The requirements to be examined include national rules which, on grounds other than those relating to professional qualifications, reserve access tocertain activities to particular providers. Services directive. The Court of Justice has consistently held that Member States retain the right to take measures in order to prevent providers from abusively taking advantage of the internal market principles. It is therefore necessary to remove barriers to the freedom of establishment for providers in Member States and barriers to the free movement of services as between Member States and to guarantee recipients and providers the legal certainty necessary for the exercise in practice of those two fundamental freedoms of the Treaty. Directive 2006/123/EC - Public Law & Regulation The Court of Justice has consistently held that Member States retain the right to take measures in order to prevent providers from abusively taking advantage of the internal market principles. If necessary the Commission, in cooperation with the Member States, could assist them to design a common method. The dates for the EU versions are taken from the document dates on EUR-Lex and may not always coincide with when the changes came into force for the document. Supervision by the Member State where the service is provided in the event of the temporary movement of the provider. Language. These rules should apply both in cases of cross border provision of services between Member States andin cases of services provided in a Member State by a provider established there, without imposing unnecessary burdens on SMEs. Nor does it affect the criteria orconditions set by Member States to ensure that social services effectively carry out a function to the benefit of the public interest and social cohesion. Other measures adopted at national level to meet that objective could involve reduction of the number of procedures and formalities applicable to service activities and the restriction of such procedures and formalities to those which are essential in order to achieve a general interest objective and which do not duplicate each other in terms of content or purpose. The engine cooling system is filled at the factory with a pre-diluted mixture of 50% Genuine NISSAN Engine Coolant (blue) and 50% water to provide year-round anti-freeze and coolant protection. The Services Directive ( 2006/123/EC Search for available translations of the preceding link EN ) brings many benefits to businesses and consumers providing or using services in the EU. As regards the distinction between the freedom of establishment and the free movement of services, according to the case law of the Court of Justice the key element is whether or not the operator is established in the Member State where it provides the service concerned. See how this legislation has or could change over time. The scope of this Directive is broad, as is clear from the statement in the opening recital: 'The European Community is seeking to forge ever closer links between the States and peoples of Europe and to ensure economic and social progress.'The authors conclude that the Directive has not achieved its objectives, yet. Directive as last amended by Commission Regulation (EC) No2083/2005 (OJL333, 20.12.2005, p.28). This Directive establishes general provisions facilitating the exercise of the freedom of establishment for service providers and the free movement of services, while maintaining a high quality of services. 9 Assessing the Services Directive (2006/123/EC) VASSILIS HATZOPOULOS T he internal market for services is one of the objectives set by the founding fathers of the EC back in 1957. 1. This obligation should not prevent Member States from providing other means of completing such procedures and formalities, in addition to electronic means. They should be compatible with legally binding rules governing professional ethics andconduct in the Member States. Points of single contact have an important role to play in providing assistance to providers either as the authority directly competent toissue the documents necessary to access a service activity or as an intermediary between the provider and the authorities which are directly competent. This Directive does not affect Member States' rules of criminal law. Thus, they might not constitute economic activities within the meaning of Community law and should fall outside the scope of this Directive. PDF Assessing the Services Directive (2006/123/EC) This Directive covers only services which are performed for an economic consideration. When a provider establishes himself in their territory, Member States may not require professional liability insurance or a guarantee from the provider where he is already covered by a guarantee which is equivalent, or essentially comparable as regards its purpose and the cover it provides in terms of the insured risk, the insured sum or a ceiling for the guarantee and possible exclusions from the cover, in another Member State in which the provider is already established. (78) In order to secure effective implementation of the free movement of services and to ensure that recipients and providers can benefit from and supply services throughout the Community regardless of borders, it is necessary toclarify the extent to which requirements of the Member State where the service is provided can be imposed. The concept of public policy, as interpreted by the Court of Justice, covers the protection against a genuine and sufficiently serious threat affecting one of the fundamental interests of society and may include, in particular, issues relating to human dignity, the protection of minors andvulnerable adults and animal welfare. It shall also consider the need for additional measures for matters excluded from the scope of application of this Directive. As regards the distinction between the freedom of establishment and the free movement of services, according to the case law of the Court of Justice the key element is whether or not the operator is established in the Member State where it provides the service concerned. Where an operator travels to another Member State to exercise a service activity there, a distinction should be made between situations covered by the freedom of establishment and those covered, due to the temporary nature of the activities concerned, by the free movement of services. The requirements to be examined include national rules which, on grounds other than those relating to professional qualifications, reserve access tocertain activities to particular providers. 1. The exclusion from the scope of this Directive as regards matters of electronic communications services as covered by Directives2002/19/EC of the European Parliament and of the Council of 7March2002 on access to, andinterconnection of, electronic communications networks and associated facilities (Access Directive)(5), 2002/20/EC of the European Parliament and of the Council of 7March2002 on the authorisation of electronic communications networks and services (Authorisation Directive)(6), 2002/21/EC of the European Parliament and of the Council of 7March2002 on a common regulatory framework for electronic communications networks and services (Framework Directive)(7), 2002/22/EC of the European Parliament and of the Council of 7March2002 on universal service and users' rights relating to electronic communications networks and services (Universal Service Directive)(8) and2002/58/EC of the European Parliament and of the Council of 12July2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications)(9) should apply not only to questions specifically dealt with in these Directives but also to matters for which the Directives explicitly leave to Member States the possibility of adopting certain measures at national level. Each report will be submitted to all other Member States andinterested parties. 1. Non-profit making amateur sporting activities are of considerable social importance. The provisions of this Directive concerning exchange of information regarding the good repute of providers should not pre-empt initiatives in the area of police and judicial cooperation in criminal matters, in particular on the exchange of information between law enforcement authorities of the Member States and on criminal records. Acting in accordance with the procedure laid down in Article251 of the Treaty(3). Append an asterisk (. Such practices have particularly significant dissuasive effects on providers wishing to develop their activities in other Member States and require coordinated modernisation within an enlarged internal market of twenty-five Member States. 4. Geographical Extent: 7. The derogation from the provision on the freedom to provide services concerning matters relating to the registration of vehicles leased in a Member State other than that in which they are used follows from the case law of the Court of Justice, which has recognised that a Member State may impose such an obligation, in accordance with proportionate conditions, in the case of vehicles used on its territory. The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28June1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(, In accordance with paragraph34 of the Interinstitutional Agreement on better law-making(, See the EU version of this legislation on EUR-Lex, See an archived version from EUR-Lex in the web archive, the original print PDF of the as adopted version that was used for the EU Official Journal, lists of changes made by and/or affecting this legislation item, links to related legislation and further information resources, the original print PDF of the as adopted version that was used for the print copy, confers power and blanket amendment details. The Member State to which the provider moves shall not be prevented from imposing requirements with regard to the provision of a service activity, where they are justified for reasons of public policy, public security, public health or the protection of the environment andin accordance with paragraph1. (57) The provisions of this Directive relating to authorisation schemes should concern cases where the access to or exercise of a service activity by operators requires a decision by a competent authority. The European directive of services: Bolkestein directive Removing those barriers, while ensuring an advanced European social model, is thus a basic condition for overcoming the difficulties encountered in implementing the Lisbon Strategy and for reviving the European economy, particularly in terms of employment andinvestment. Accordingly, legal persons, within the meaning of the Treaty, means all entities constituted under, or governed by, the law of a Member State, irrespective of their legal form. 1. 5. EUR-Lex - 32006L0123 - EN - EUR-Lex - Europa Points of single contact have an important role to play in providing assistance to providers either as the authority directly competent toissue the documents necessary to access a service activity or as an intermediary between the provider and the authorities which are directly competent. European standards are drawn up by the European standards-setting bodies, the European Committee for Standardisation (CEN), the European Committee for Electrotechnical Standardisation (CENELEC) and the European Telecommunications Standards Institute (ETSI). Where such requirements are discriminatory or not objectively justified by an overriding reason relating to the public interest, or where they are disproportionate, they must be abolished or amended. These are: maximum work periods and minimum rest periods, minimum paid annual holidays, minimum rates of pay, including overtime rates, the conditions of hiring out of workers, in particular the protection of workers hired out by temporary employment undertakings, health, safety and hygiene at work, protective measures with regard to the terms andconditions of employment of pregnant women or women who have recently given birth and of children and young people and equality of treatment between men and women and other provisions on non-discrimination. 4. The obligation as to results does not cover procedures or formalities which by their very nature are impossible tocomplete at a distance. With the aim of administrative simplification, general formal requirements, such as presentation of original documents, certified copies or a certified translation, should not be imposed, except where objectively justified by an overriding reason relating to the public interest, such as the protection of workers, public health, the protection of the environment or the protection of consumers. In particular, such requirements could be fully justified when they pursue social policy objectives. This provision should not affect regional or local competences for the granting of authorisations within the Member States. 05/04/2006. For further information see Frequently Asked Questions. The applicable law regarding the contractual or non contractual obligations of the provider should be determined by the rules of private international law. With respect tocases not covered by Article31(1), the Member State of establishment shall ensure that compliance with its requirementsis supervised in conformity with the powers of supervision provided for in its national law, in particular through supervisory measures at the place of establishment of the provider. (48) In order to further simplify administrative procedures, it is appropriate to ensure that each provider has a single point through which he can complete all procedures and formalities (hereinafter referred to as points of single contact). This Directive does not prevent Member States from applying their fundamental rules and principles relating to the freedom of press and freedom of expression. They do not preclude Member States, in accordance with Community law, from taking more stringent measures in law or national professional bodies from providing for greater protection in their national codes of conduct. The exclusion of healthcare from the scope of this Directive should cover healthcare and pharmaceutical services provided by health professionals to patients to assess, maintain or restore their state of health where those activities are reserved to a regulated health profession in the Member State in which the services are provided. The Commission shall, in accordance with the procedure referred toin Article40(2), adopt detailed rules for the implementation of paragraph1 of this Article with a view to facilitating the interoperability of information systems and use of procedures by electronic means between Member States, taking into account common standards developed at Community level. Where reference is made to this paragraph, Article5a(1) to(4), and Article7 of Decision1999/468/EC shall apply, having regard to the provisions of Article8 thereof. Regulation as last amended by Regulation (EC) No629/2006 of the European Parliament and of the Council (OJL114, 27.4.2006, p.1). (89) The derogation from the provision on the freedom to provide services concerning matters relating to the registration of vehicles leased in a Member State other than that in which they are used follows from the case law of the Court of Justice, which has recognised that a Member State may impose such an obligation, in accordance with proportionate conditions, in the case of vehicles used on its territory.
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