Services Directive

Notifications under Articles 15(7) and 39(5) of the Services Directive

Article 15(6) of the Services Directive prohibits the issuing of national legislation concerning issues listed in Article 15(2) of the Services Directive, unless such measures are non-discriminatory, necessary and proportionate. In order to ensure that this requirement is abided by, the EEA/EFTA States must notify the Authority when it intends to issue legislation covered by the provision. The Authority shall within three months of the receipt of the notification reply to the notifying EEA/EFTA State whether it considers the notified provisions to be non-discriminatory, necessary and proportionate. During the three-month period the EEA/EFTA States may still issue the legislation.

Article 39(5) of the Services Directive obliges the EEA/EFTA States to notify to the Authority any changes in their national measures which fall within the scope of Article 16 of the Services Directive. The notifications will be transmitted to the other EEA States but it does not prevent the adoption of the measure in question.

In order to facilitate the notification requirement, the Authority encourages the EEA/EFTA States to use the notification templates below and to email it once completed to services@eftasurv.int.

Article 15(7) Notification Form

Article 39(5) Notificaion Form


Case-by-case derogations

Article 18 of the Services Directive allows the EEA/EFTA States to take measures relating to the safety of services against a provider under exceptional circumstances. Such measures can only be taken if they concern issues which have not been harmonised, if they aim to provide for a higher level of protection than in the State where the provider is established, if the EEA/EFTA State has requested the State where the provider is established to act within the framework provided for in Article 35(2) of the Services Directive. Furthermore, the measures must be proportionate and the requirements of mutual assistance provided for in Article 35 of the Services Directive must have been abided by. The EEA/EFTA State which invokes the derogation must notify its decision to the Authority and respect a standstill period of 15 days, during which the measures may not be enacted. If the Authority considers that the measure is incompatible with the Services Directive, it shall take a decision asking the EEA/EFTA State concerned to refrain form enacting it.

When invoking the case-by-case derogation, the EEA/EFTA States will send notifications using the Internal Market Information system (IMI). However, since the Authority does not have access to IMI, the Authority requests that the EEA/EFTA States also use the template below and email it once completed to services@eftasurv.int.

Case by Case Derogation Form


The alert mechanism

When the EEA/EFTA States become aware that a particular service may lead to serious damage to the health or safety of persons it obliged to notify this to the other EEA States and the Authority within the shortest possible period of time.

Such notifications will be sent using the Internal Market Information system (IMI). However, since the Authority is not a party to IMI, the Authority requests that the EEA/EFTA States also use the template below and email it once completed to services@eftasurv.int.

Sending Alert Form

Withdrawal of Alert Form

 

Memo concerning notification requirements under the Services Directive




Other EEA Institutions


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