222/2009 Sb.
LAW
of 17 December. June 2009
on the free movement of services
Change: 247/2011 Sb.
Change: 278/13 Sb.
Parliament has passed the following Act of the Czech Republic:
§ 1
The subject of the edit
This law incorporates the relevant provisions of European Community ^ 1) and
regulates the cross-border provision of services, the rights and obligations
service providers, rights of recipients of services, points of single contact,
their activities and organize, the emergence of the permission to the provision of services of
the law and supervision of the service providers in the internal market of the European
the Union.
§ 2
The scope of the law
(1) this law shall not apply to
and the implementation of the activities) carries out Bank ^ 2) according to the law
governing the activity of the bank, and even if such activity is
performed by another person in another legal regulation 28) ^ ^
(b)) the provision of investment services, including arranging and concluding deals
relating to investment services, the organisation of the regulated market
investment instruments, the keeping of registers of investment instruments, the implementation of the
activities of the evaluation of the quality of the investment facility or participant
the capital market and the operation of the settlement system in another
the law governing the capital market business ^ 3),
(c) the Organization of commodity trades) and commodity derivatives on
commodity exchange ^ 27),
(d) the collection of funds from) to the public for the purpose of their
the joint investment and depository activities related to such
collection ^ 4),
(e) the operation of an insurance or reinsurance) activity ^ 5),
(f) the pursuit of the activities of insurance intermediaries) ^ 6)
(g) the pursuit of the activities of the institutions) occupational pension
insurance ^ 7),
h) lottery, sweepstakes, and other similar games ^ 8),
I) electronic communications services ^ 9),
j) radio and television broadcasting ^ 10),
k) recognition of professional qualifications and other eligibility by State
nationals of the Member States of the European Union and some members of the
other States pursuant to other legislation ^ 11).
(2) The activities referred to in this paragraph shall apply only to the provisions of
points of single contact in accordance with section 13 to 17; This is the
and) legal or natural persons, if they have permission to
employment (Agency), consisting of
employment in the form of secondment of staff to
the performance of the work for the other legal or natural person ^ 12)
(b) the provision of health care) ^ 13),
(c)) the activity of notaries ^ 14)
(d) the activities of bailiffs) ^ 15),
e) transport services ^ 16),
(f) social services) ^ 17).
(3) this law shall not affect the legal provisions governing the
and) conditions of entry and residence of a foreigner on the territory of the Czech Republic and its
departure from the territory of another legal regulation 18) ^ ^
(b)) the rights and obligations covered by other laws and regulations
Of the European communities of the taxes and fees ^ 19).
§ 3
Definition of terms
For the purposes of this Act, means the
and the provision of any implementation of the service) outside of dependent work, and
It's usually for a fee or consideration within the meaning of article 50 of the Treaty on
The European Community; for the service shall not be considered a service of general interest
a non-economic nature,
(b)) the service provider is a person who offers or provides a service;
which is established on the territory of a Member State of the European Union, another State
forming the European economic area and the Swiss Confederation,
extent of obligations for the Czech Republic resulting from the agreement between the
The European Community, on the one hand, and the Swiss Confederation on
the other, on the free movement of persons,
(c) the recipient of the service), the person who, in accordance with the law
the Member State is staying in the territory of a Member State, for the professional
or non-professional purposes, uses, or wishes to use, a service in the territory
the Member State,
(d) the cross-border provision of services) the temporary or occasional
the provision of services on the territory of a Member State other than the Member
the State in which the service provider is established (hereinafter referred to as "the State of establishment"),
(e) the service of general economic interest), the nature of such a service, which is
provided by universal and permanent manner and which providers
Special Act confers specific rights and obligations; such
the service is, in particular, the postal service, power supply or
gas operation of airports or ports, public transport, supply
water and drainage and waste water treatment or waste municipal
waste.
§ 4
Enabling the provision of services
(1) when setting the conditions for the provision of services, such
in a way, not to directly or indirectly limited by one service provider
at the expense of another, and laid down the conditions must be reasonable and
necessary for the protection of the interests protected by other legislation.
(2) if the number of permissions is restricted for reasons of limited quantities
natural or other resources or technical capacity, must be
the service provider selected in a fair and transparent manner.
(3) Permission for the performance of services shall be issued for the whole territory of the Czech
of the Republic, where another law provides otherwise.
(4) Permission for the performance of services shall be issued for an indefinite period, if different
the legislation provides otherwise.
(5) the fact that the service is provided on a temporary or occasional basis,
be assessed individually with regard to the nature and the duration, frequency,
the regularity and continuity of the provision of this service.
§ 5
The cross-border provision of services
The service provider, which is a service of general economic interest
nature, may on the territory of the Czech Republic across borders to provide services in
the scale and on the basis of permission state of establishment, if another legal regulation
It does not regulate the cross-border provision of services otherwise.
§ 6
Recognition of compliance with the requirements
If the service provider is obliged to grant permission to provide the
services to meet certain requirements under other legislation,
These requirements shall be deemed to be fulfilled if the service provider
demonstrates that he has fulfilled the requirements in another Member State, which are
equivalent, or what the purpose of the in principle comparable with the requirements
laid down by the legislation of the Czech Republic.
section 7 of the
The recognition of documents
If the service provider is obliged to grant permission to provide the
services provide proof of fulfilment of the obligations under other legislation
regulations, this obligation to be fulfilled for the presentation of a document from the
another Member State, if this document serves the same purpose,
or from which it is clear that this obligation has been met.
§ 8
Recognition of compulsory insurance
(1) if the service provider has the obligation to negotiate insurance
liability for damage to health, life or property caused in
connection with the provision of services on the territory of the Czech Republic, the
insurance replace by a comparable insurance or guarantee contracted in
another Member State in which the provider is established. Compliance with this
the obligation to prove whether or not a certificate issued by a credit institution or
an insurance company established in another Member State. Comparability is assessed
What is the purpose, scope, limit of indemnity insurance and temporary closures of
the insurance.
(2) if compulsory insurance or the guarantee referred to in paragraph 1 is comparable
only in part, the service provider is required to range in the absence of
to achieve comparability of other insurance or obtaining additional
the warranty.
§ 9
Presentation of documents
If the service provider is required to submit the Charter to the administrative
Authority ^ 20) in order to grant permissions to the provision of the services or in the
during the service, this obligation is fulfilled by producing her
copy and an unauthorized translation, provided that the facts in a copy of the
listed, you can see through the electronic system referred to in section 30 for
the competent administrative authority of another Member State. If you with it
the administrative authority ^ 20) agrees, you can submit a copy of without translation, or
a copy of the translation and unauthenticated in the official language of a Member State.
§ 10
The obligation to disclose information
(1) the service provider is obliged to make available to the recipient of the service before
conclusion of the contract, where applicable, before the service, the following
information:
and) name and surname or business name, or name,
(b)) your contact information, which are in particular a postal address, fax
number or e-mail address and telephone number,
(c)) for information on whether the service provider is registered in a trade or
a similar register, if yes, then the information about its registration
number or other appropriate identification of the resource provider
services in this register, the
(d) the seat of the service provider) in the case of a legal person, or a place
business service provider in the case of natural persons,
(e)) where the activity is subject to authorisation, the name and address of the authority
issued the authorisation,
(f)), tax identification number, if assigned,
g) information on whether the service provider is a member of the professional chambers,
including the professional designations, which follows from this membership
(h) information about the terms and conditions) or clauses or of Contracting
provisions relating to the choice of law, governed by the relationship between them
the service provider and the recipient of services,
and the extent) information on the conditions and modalities for the application of safeguards, which
are not established by law, if any,
j) price of the service, if the service provider is established in advance,
the basic description of services provided),
l) information on liability insurance, or other
guarantees, including the contact details of the persons is providing and
information about their material and territorial scope.
(2) the information referred to in paragraph 1, the service provider is obliged to make,
and through the
and) information, which are available in the place where the service is provided,
or where the contract concluded,
(b) the documents supplied to the recipient of the service), in which is described
the service provided, or
(c)), in particular through the remote access e-mail addresses.
§ 11
The obligation to provide information on request
At the request of the recipient of the service, the service provider is obliged to inform the
the following data:
and the price is not)-if the price is fixed in advance; If you cannot determine the price
the estimate, the service provider shall communicate at least the method of calculating the price
(b)) information on the existence of professional rules, which the service provider is
the service is bound by, and information about how to get familiar with these rules,
(c)) in the event that the service provider is bound by codes of conduct,
arising from membership in the professional Chamber, provide information about the
codes of conduct governing in their activities, including
any language versions and information on remote access to these
codes, if possible,
(d)) about the possibility of out-of-court dispute settlement, including how
get detailed information about the conditions of use of these solutions.
§ 12
The prohibition of discrimination of recipients of services
(1) the service provider is obliged to ensure that the conditions for access to
provided services are non-discriminatory, in particular as regards state
the nationality of the recipients of services or their place of residence.
(2) Discrimination is setting different conditions of access to services
on the basis of objective criteria, in particular the posting of additional costs
incurred as a result of distance, or as a result of a technical nature
the provision of services.
Points of single contact
section 13
The municipal authorities set out in the implementing business law are
the uniform focal points.
§ 14
The single point of contact provides
and the information necessary for obtaining the) permission to provide services between the
which include, in particular, the elements of the request and contact details to the administrative
^ 20) authorities, which are competent to execute the request in accordance with other
the legislation,
b) General information on the requirements related to obtaining permission to
the provision of services in other Member States,
(c)) for general information about appeals against a decision of the
the administrative authorities) and the 20 ^ ^ how to resolve disputes between the provider
the services and the recipient of the service, or between service providers,
(d)) General information about the requirements concerning the protection of consumers in
other Member States,
e) the contact details of associations or other legal entities, including
European consumer centres network, which can service providers
services or to the beneficiaries of the services provide practical assistance.
§ 15
(1) the single point of contact shall transmit the request for permission to provide
services have been brought on the basis of other legislation, administrative
^ 20) competent authority to decide on this request.
(2) the single point of contact and transmitted to the competent administrative
^ 20) notification authorities and reports made on the basis of other legal
the regulation of persons conducting business under the authority of another
legal act, and
and to registration or application) the notification on the basis of other legal
^ regulation 21),
(b) notification and reporting) in the field of social security from physical
persons in the range specified by the legislation of the other 22) ^ ^
(c) notification of the occurrence) vacancies or their cast ^ 23),
(d) notification and reporting) of individuals against health insurers in
the extent provided for by another regulation ^ 24).
section 16 of the
(1) the single contact point shall immediately transmit the submission that receives the
under section 15, the competent administrative authorities of the ^ 20), and examined their
completeness or factual accuracy.
(2) if it is to make the filing deadline, it is maintained, if the
the last day of the period made at single contact,
or if in this day submitted mail addressed to a single
the focal point. The deadline for submission processing begins to run his passing
to the competent authority ^ 20).
§ 17
The service provider is authorised to forward the submission under section 15, and for
to obtain information relating to the provision of services under section 14 to choose
any point of single contact.
Supervision of service providers established in another Member State, who
across borders to provide services on the territory of the Czech Republic
section 18
In the exercise of supervision over the compliance with the rights and obligations of the provider
services established in another Member State providing across borders
services on the territory of the Czech Republic (hereinafter referred to as "foreign cross-border
the service provider "), provide the administrative authorities ^ 20) administrative cooperation
authorities of other Member States.
§ 19
(1) the administrative authorities ^ 20) are within the supervisory powers of the authorized
its own initiative, or shall, on request of the State of establishment of the
the service provider, to carry out checks of the facts against a foreign
cross-border service providers; This request must be justified.
(2) the administrative authorities ^ 20) are required to comply with the request in an appropriate manner
in accordance with paragraph 1. About the results of the inspections shall immediately inform the requesting
Member State. These checks must be carried out in a manner designed to
the fulfillment of the purpose of the request.
section 20
If the administrative authorities ^ 20) finds the breach of the obligations laid down in the legal
Regulation on the part of foreign cross-border service provider, and other
the legislation does not allow them to execute measures against him or his
sanctions, requesting the implementation of the measures or the imposition of penalties by the authorities
State of establishment of the service provider.
Supervision of service providers established in the Czech Republic, who
across borders to provide services in other Member States
section 21
Supervision of compliance with the rights and obligations of a service provider established
in the Czech Republic, who provide services across borders on the territory of the other
the Member States shall carry out administrative authorities ^ 20) in cooperation with the authorities
the other Member States. Progress in doing so pursuant to the provisions of this law
and other legislation.
section 22
The administrative authorities of the ^ 20) may request the authorities of the other Member States of the
perform checks on service providers established in the Czech Republic
providing services across borders on the territory of those Member States.
section 23
(1) If the administrative authority) will receive 20 ^ ^ from the authority of the Member State
reasonable request on the implementation of the appropriate measures or sanctions on the
the basis of the facts established within the supervisory powers of the requesting
the Member State shall carry out measures or sanctions, if that is possible, and of
the application is the apparent justification for the implementation of this measure or granted
the penalties.
(2) If the administrative authority ^ 20) receive from the authority of the Member State
reasonable request for the conduct of inspections or the implementation of measures
preventing threats to the security of the service, the measures
to correct, if it finds grounds for justified. ^ 20) the administrative authority shall inform the
the requesting authority of the results of the inspection and of the measures implemented, or
why it has not taken any measures.
section 24
Alert mechanism
In the event that the administrative authority ^ 20) finds that the activity of the service provider
established
and) on the territory of the Czech Republic poses a risk of serious damage
the health, the safety of persons or to the environment in other Member
the States shall forthwith inform the competent authorities of the Member States and
The European Commission,
(b)) in another Member State constitutes a risk of serious damage to health
or safety of persons or the environment within the territory of the Czech Republic
or of other Member States, it shall inform without delay the State of establishment of the
the service provider, the Member States concerned and the European Commission.
§ 25
The exchange of information on the internal market of the European Union
(1) if it is necessary for the assessment of compliance and verification of other
the facts necessary for the granting of permission to the provision of services,
If it is expedient for the performance of supervisory powers, the administrative authority of the ^ 20)
the competent authorities of the Member States of information on providers of services
established in their territory.
(2) the administrative authorities) shall provide the 20 ^ ^ on the basis of the grounds for the application by the competent
authorities of the Member States of information on providers of services established in
the territory of the Czech Republic.
section 26
Information system
(1) the administrative authorities ^ 20) provide information and applications for
each of the providers of services under this Act, the administrative
authorities of the Member States by means of an information system to
the specified. Information provided and transmitted using this system
in particular, the information necessary for the recognition of documents for the verification of compliance with the
requirements for the provision of services and other elements in
the cross-border provision of services or establishment, information
related to the performance of the supervisory powers of the administrative authorities and the information
security-related services and use of the warning
the mechanism.
(2) for the purpose of assessing the integrity of the service provider for the purposes of
the exchange of information within the framework of the information system to it's specified
^ 20) administrative authorities shall request an extract from the register of criminal records under the
other legislation ^ 25). Request for release of the statement from the record
An extract from the criminal record, criminal records are to be transmitted in
electronic form, in a manner enabling remote access.
(3) the administrative authorities ^ 20) to personal information retention period
Privacy and other aspects related to the protection of personal data
Commission decision 2008/49/EC of 12 July 2005. December 2007 concerning
the implementation of a system for the exchange of information on the internal market (IMI), if
for the protection of personal data.
section 27 of the
Common provisions
(1) an application made under section 20 to 26 of this law must be unique
and duly justified. The data obtained on the basis of such applications may be
use only for the purpose for which it was requested.
(2) in the event that an application made under this Act, by the authority of the Member
the State is not possible for reasons that could not have administrative authority ^ 20)
affect, or it is not possible to comply with the request within a reasonable purpose
the request, the requesting authority shall inform the management authority of the Member State of
These facts and provide it to the extent necessary synergies when
the implementation of the measures, which will be filled with the purpose of the request.
(3) the administrative authorities ^ 20) are required to provide the authorities of the Member States
the information under this Act without undue delay.
The emergence of the expiry of the permission
section 28
(1) if the other legislation, permission to provide services
creates a waste of expiry of the period for issuing a decision.
(2) in the case referred to in paragraph 1, the administrative authority ^ 20) that his application
concluded, shall issue the applicant a confirmation stating the date of receipt of the application,
the time limit for the issuance of the decision and the letter of the aftermath of the fruitless expiry of this
the time limits.
section 29
(1) if the application does not set out requirements under other laws,
the regulations, the administrative authority ^ 20) shall invite the applicant to eliminate the deficiencies and
provide a reasonable deadline to do so or the administrative proceedings.
In those cases, when the interruption of the proceedings, the time limit for the issue of
the decision from the beginning, and as from the date when the administrative authority shall inform the 20 ^ ^)
the participant that the procedure continues.
(2) in particularly complex cases, the administrative authority of the ^ 20) within 10 days from the
the date of receipt of the request by the resolution to extend the deadline for the issuance of the decision,
and it's no more than twice. Against this resolution cannot be appealed.
The provisions of the administrative code of the times added to the time limit for the issue of
the decision shall apply.
section 30
(1) of the administrative organ shall make a permission ^ 20) without undue delay,
the record in the file and writes the holder in the register modified by another
by the law. At the request of the certificate holder, stating
information identifying the holder, the legal provisions on the basis of
There has been the emergence of permissions, data on the subject, where appropriate, the extent of the
the resulting permissions. The certificate also contains the designation of the administrative authority,
the number, date, name, surname,
function or business number, the imprint of the official stamp and signature of the authorized
the official persons.
(2) in the case that have not met the prerequisites for the emergence of the privileges and
the administrative authority competent to ^ 20) the decision on the request, it additionally found
Decides that permission lapses. This decision may be issued up to 3 years
from the final date for the issue of the decision on the application. While progresses
by analogy with the provisions of the administrative procedure of initiation and progress
the review procedure and the decision of the review and its effects,
with the exception of the provisions concerning the initiation of the proceeding within one year from the resolution of the legal
the decision and the provisions on abbreviated review.
section 31
Harmonised forms
In the event that the European Commission shall adopt harmonised forms according to the
Directive of the European communities ^ 26) governing the area of free movement of
services in the internal market, the Government provides for the regulation of these patterns
the forms.
§ 32
The enabling provisions
The Ministry of industry and trade shall issue a decree for the implementation of section 13.
section 33
The effectiveness of the
This law shall enter into force on 28 January 2006. December 2009.
Vaidya in the r.
Klaus r.
Fischer v. r.
1) European Parliament and Council Directive 2006/123/EC of 12 July 2005.
December 2006 on services in the internal market.
2) Law No 21/1992 Coll., on banks, as amended.
3) Act No. 256/2004 Coll., on business on the capital market, as amended by
amended.
4) Law No. 189/2004 Coll., on collective investment, as amended by
amended.
Act No. 42/1994 Coll. on supplementary pension insurance with State contribution and
about changes to certain laws related to its introduction, in the text of the
amended.
5) Act No. 363/1999 Coll., on insurance, as amended
regulations.
6) Act No. 38/2004 Coll., on insurance intermediaries and
likvidátorech insurance, as amended.
7) Law No 248/2008 Coll., amending Act No 340/2006 Coll., on
the activities of institutions for occupational retirement provision of the Member
States of the European Union on the territory of the Czech Republic and on an amendment to Act No.
48/1997 Coll., on public health insurance and amending and supplementing
some related laws, as amended.
8) Act No. 202/1990 Coll. on lotteries and other similar games, in
as amended.
9) Act No. 127/2005 Coll., on electronic communications, as amended by
amended.
10) Act No. 231/2001 Coll., on radio and television broadcasting and the
change other laws, as amended.
11) Law No 18/2004 Coll., on the recognition of professional qualifications and other
the eligibility of nationals of the Member States of the European Union and the
some of the nationals of other States and on the amendment of certain laws (the law on the
recognition of professional qualifications), in the wording of later regulations.
section 14, paragraph 12). 1 (a). (b)) of Act No. 435/2004 Coll. on employment.
13) Act No. 20/1966 Coll., on the health care of the people, as amended
regulations.
14) Law No 358/1992 Coll., on notaries public and their activities, as amended by
amended.
15) Law No 120/2001 Coll., on bailiffs and enforcement activities and
amending other laws, as amended.
16) Law No 111/1994 Coll. on road traffic, as amended
regulations.
Law No. 114/1995 Coll. on inland navigation, as amended
regulations.
Act No 61/2000 Coll., on maritime navigation, as amended.
Act No. 49/1997 Coll., on Civil Aviation, as amended
regulations.
Act No. 266/1994 Coll., on rail, as amended.
17) Act No. 108/2006 Coll., on social services, as amended
regulations.
18) Act No. 326/1999 Coll., on stay of foreigners on the territory of the Czech Republic and
on the amendment to certain acts, as amended.
19) Act No. 235/2004 Coll., on value added tax, as amended by
amended.
Law No. 353/2003 SB., on the excise tax, as amended
regulations.
Act No. 337/1992 Coll., on administration of taxes and fees, as amended
regulations.
Act No. 586/1992 Coll., on income taxes, as amended by later regulations.
Act No. 593/1992 Coll., on reserves for the determination of the tax base from income,
in the wording of later regulations.
Act No. 338/1992 Coll., on the estate tax, as amended
regulations.
Act No. 357/1992 Coll., on inheritance tax, gift tax, and transfer tax
real estate, in the wording of later regulations.
Act No. 16/1993 Coll., on the road tax, as amended.
Act No. 261/2007 Coll. on the stabilization of public budgets.
Act No. 564/1990 Coll., on local charges, as amended
regulations.
Act No. 549/1991 Coll. on court fees, as amended
regulations.
Act No 634/2004 Coll., on administrative fees, as amended
regulations.
Council Regulation (EC) No 1798/2003 on administrative cooperation in the field of tax
value added tax and repealing Regulation (EEC) No 218/92.
Council Regulation (EC) no 1777/2005 laying down implementing measures
to Directive 77/388/EEC on the common system of value added tax.
20) § 1 (1). 1 Act No. 500/2004 Coll., the administrative procedure code.
for example, section 21) 33 of Act No. 337/1992 Coll., on administration of taxes and fees, in the
as amended.
22) section 10a of Act No. 582/1991 Coll., on the Organization and implementation of social
security, as amended by Act No. 214/2006 Sb.
23) section 35 of Act No. 435/2004 Coll. on employment.
24) section 10a of Act No. 48/1997 Coll., on public health insurance, and about
change and the addition of some related laws, as amended by Act No.
214/2006 Sb.
25) Law No. 269/1994 Coll., on criminal records, as amended
regulations.
Article 5, paragraph 26). 2 of European Parliament and Council Directive 2006/123/EC
of 12 June. December 2006 on services in the internal market.
27) Act No. 229/1992 Coll., on the commodity exchanges, as amended
regulations.
for example, the law of 28) no 277/2013 Coll., on foreign exchange activities.
