Key Benefits:
Law of 12 November 2009 implementing European regulations on the movement of services in the internal market (Services Act)
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
All of them, who will see or hear these, saluut! do know:
In this regard, we have taken into account that it is necessary to provide for legal rules to give effect to Directive No 721. 2006 /123/EC of the European Parliament and of the Council of the European Union of 12 December 2006 on services in the internal market (PbEU L 376);
In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:
For the purposes of this Act and the provisions based thereon, the following definitions shall apply:
Customer: natural person who is a national of a Member State or who has rights granted to him by Community acts, or a legal person within the meaning of Article 48 of the Treaty, established in a Member State, whether or not professional use of a service or to make use of a service;
Consumer Authority and Market Authority: the Consumer and Market Authority, mentioned in Article 2, 1st paragraph, of the Incomposition Act Authority of Consumer and Market ;
Competent authority: administrative body, other body or authority, which fulfils a supervisory, licensing or regulatory role in respect of services;
central location: the central location, for the purpose of Article 5, first paragraph ;
Consumer: not acting in the exercise of an occupation or holding, buying a person who is a natural person;
service: economic activity, other than self-employed, which is normally carried out at compensation, as provided for in Article 50 of the Treaty;
service provider: natural person who is a national of a Member State or a legal person within the meaning of Article 48 of the Treaty, who is established in a Member State and who offers or carries out a service;
overriding reasons in the general interest: the reasons which have been recognised as such in the case-law of the Court of Justice of the European Union;
requirement: obligation, prohibition, condition or limitation of laws, regulations or administrative provisions or arising from the caselaw, administrative practice, rules of occupation or collective rules of law. professional associations or other professional associations, which have determined them in the framework of their powers, with the exception of rules laid down in collective agreements negotiated by the social partners;
Regulated profession: professional activity or a set of professional activities as referred to in Article 3 (1) (a) of Directive No 1408/71 2005 /36/EC of the European Parliament and of the Council of the European Union of 7 September 2005 on the recognition of professional qualifications (PbEU L 255);
Information point: the information point specified in Article 6, first paragraph ;
Internal market information system: electronic information system, as set out in Article 34 of the Directive, for the exchange of information between the competent authorities of the Member States;
State: Member State of the European Union or of the European Economic Area;
Member State of establishment: Member State in the territory of which the provider is established;
Our Minister: Our Minister for Economic Affairs;
procedures and formalities: activities which, by their nature, are carried out by means of exchange of information and documents between a provider and one or more competent authorities and which are subject to a requirement or authorisation;
Directive: Directive 2006 /123/EC of the European Parliament and of the Council of the European Union of 12 December 2006 on services in the internal market (PbEU L 376);
Treaty: Treaty establishing the European Community;
Authorisation system: procedure whereby a service provider or a customer requires a competent authority to take steps to obtain a permit;
permit: the decision, express or implied, on access to or pursuit of a service;
site: the effective exercise of an economic activity as referred to in Article 43 of the Treaty, by a provider of services for an indefinite period of time and from a sustainable infrastructure from which services are actually provided;
corporate customer: customer, other than a consumer.
1 The provisions of this Act apply to the requirements and licensing systems relating to freedom of establishment and the free movement of services which fall within the scope of the Directive.
2 The first paragraph shall apply in any case to the requirements and licensing systems referred to in that paragraph, which are incorporated into a regulation by our Minister.
3 This Act does not apply to:
a.
1. topics and services excluded from the scope of the Directive pursuant to Article 1, second to seventh paragraph, Article 2, third paragraph and Article 3, second paragraph, of the Directive;
2. services and sectors excluded from the scope of the Directive pursuant to Article 2, second paragraph, of the Directive,
3. provisions of Community legislation which, in the event of a conflict as defined in Article 3, first paragraph, of the Directive, are excluded from the scope of the Directive;
b. proceedings of objection and occupation;
c. other judicial procedures or forms of dispute resolution;
d. rules and procedures relating to public procurement.
4 An amendment to the Directive relating to the requirements and licensing systems covered by the scope of the Directive applies to the application of the funds provided for and under this Law from the day of the day of application of the Directive. The amending Directive must have been implemented unless a ministerial order, published in the Official Journal, provides for an earlier date.
It shall be subject to or pursuant to this Act to the Netherlands exclusive economic zone.
1 A competent authority to which a customer or service provider submits information or documents in order to ensure that a requirement has been fulfilled or a licence has been obtained shall also accept:
(a) particulars and documents from another Member State which serve an equivalent purpose or which show that the requirement is satisfied or the licence has been obtained;
b. For that purpose, forms referred to in Article 5 (2) of the Directive.
2 For the purposes of application of paragraph 1, a competent authority may, for particulars and documents from another Member State, only originals, copies of originals that have been certified as true, or authentic translation. of originals, if this follows from a Treaty of the European Union or from a decision of one or more of the institutions of the European Union binding on the Member States, or if, on the basis of an overriding reason in the general interest justified.
3 Without prejudice to the second paragraph, a competent authority may, in the application of the first member for information and documents from another Member State in a foreign language, require a translation into a non-legalised language in the language of the Netherlands or in the Frisian language.
4 The first paragraph, part (a), shall not apply to data and documents as referred to in Article 5 (4) of the Directive.
1 Our Minister shall ensure the establishment, maintenance, operation and security of a central contact with the help of:
a. For the benefit of service providers:
1. information shall be made available which is relevant to the acquisition of access to, or the exercise of, services;
2. means of messaging which relate to procedures and formalities shall be exchanged between service providers and competent authorities.
b. for the benefit of business customers:
1 °. information is made available in connection with the decline of services in the Netherlands or in another Member State;
2 °. on request, information is provided in connection with the decline of services in a Member State other than the Netherlands.
2 The central location is easily accessible by electronic means.
3 In the case of, or under general management, detailed rules may be laid down regarding the establishment, maintenance, operation and security of the central location.
1 The Consumer and Market Authority shall ensure the establishment, maintenance, operation and security of an information point, using which for the benefit of consumers:
a. information is made available in connection with the decline of services in the Netherlands or in another Member State;
(b) on request, information is provided in connection with the taking-up of services in a Member State other than the Netherlands.
2 The information point is easily accessible by electronic means.
3 In the case of, or under general management, detailed rules may be laid down relating to the establishment, maintenance, operation and security of the information point.
Our Minister makes the following information for service providers via the central location accessible:
a. the requirements and authorisation systems specified in Article 2 , and the names and address details of the competent authorities involved in those requirements and of the authorisation systems;
b. the legal remedies available to the general public for the settlement of disputes between competent authorities and service providers, between service providers and customers or between providers;
c. means the means and conditions of access to public registers and public databases containing information on service providers and services;
d. The names and address of associations and non-profit organisations, other than the competent authorities, of which providers may be provided with practical assistance.
1 A competent authority involved in one or more requirements or licensing systems as referred to in Article 2 , make the following information accessible by electronic means to service providers:
a. the requirements or licensing systems, where that body is involved and its name and address information;
(b) the legal remedies available to the public in general for the settlement of disputes between the supplier and a provider of information on the requirements and the licensing systems in which it is involved.
2 A competent authority shall also provide information to service providers electronically about the means and conditions of access to a public register or a public database of data on providers of services, and services, to the extent that that body is involved.
The information provided in the Articles 7 and 8 is current, clear and unambiguous.
In the case of a ministerial arrangement, it may be possible to achieve a good performance Article 7 rules on the way in which competent authorities are informed of information as intended Article 8 Organize and make accessible.
If it is not otherwise provided, our Minister shall ensure that information is readily accessible by electronic means by electronic means of:
a. the meaning of certain quality marks;
(b) the criteria for the application of health marking;
c. other quality information for services;
Codes of conduct adopted at Community level with a view to facilitating the access to or pursuit of services.
1 A competent authority shall provide a service provider, at its request, with general information on the usual interpretation and application of requirements or authorisation schemes, as referred to in Article 4 (2). Article 2 , where that competent authority is involved.
2 The information referred to in paragraph 1 shall be provided as soon as possible, shall be current, clear and unambiguous. Where appropriate, information shall be provided in the form of a manual.
3 If a competent authority is unable to provide the information requested, it shall inform it without delay.
4 A competent authority shall ensure that it is sufficiently accessible by electronic means to a request from a provider for information as referred to in the first paragraph.
5 A competent authority shall transmit a notice of the information requested under paragraph 1, or a notice referred to in paragraph 3, by electronic means, to the extent that a provider for which the message is addressed to the member of the competent authority is sent to the competent authority of the Member State. has made known to the competent authority that it is sufficiently accessible by this road.
6 The fifth paragraph shall apply, where applicable, by way of derogation from Article 2:14, 1st member, of General Law governing law .
1 Our Minister provides a service provider, respectively, to send to a competent authority the possibility of sending and receiving messages relating to procedures and formalities through the central location.
2 In the case of ministerial rules, rules may be laid down concerning the period of destruction of messages sent from the point of contact.
3 Our Minister shall forthwith ensure that a notice is destroyed after the expiry of the time limits laid down pursuant to the second paragraph.
1 A competent authority involved in the settlement of procedures and formalities:
a. To ensure connection to the centre of contact;
b. transmits related messages through the Central Window to the extent that a provider for which a message is sent via the Central Window has indicated to the competent authority that it is sufficiently accessible by that road.
c. shall ensure that it is sufficiently accessible through the centre of contact for messages of a service provider related thereto.
2 Under ministerial arrangements, rules may be laid down for technical requirements to be met by a competent authority as referred to in the first paragraph with a view to joining the centre of contact.
3 The first paragraph shall apply, where applicable, by way of derogation from Article 2:14, 1st member, of General Law governing law .
4 By ministerial arrangement rules may be laid down for the implementation of detailed rules laid down by the European Commission in accordance with Article 8 (3) of the Directive.
5 Where a message sent through the central location, relating to procedures and formalities, is signed with an electronic signature deviating from an electronic signature that is by or under the legal requirement a competent authority or a competent authority, a competent authority may not refuse this notice for that reason, if the electronic signature complies with one of the conditions laid down in the ministerial arrangement referred to in the fourth paragraph of that Article. Electronic signatures, unless:
a. An electronic signature whose level of reliability is lower than the electronic signature prescribed by, or required by, statutory regulation, or required by a competent authority; or
b. The electronic signature referred to in the ministerial arrangement referred to in paragraph 4, with the lowest level of reliability, by or pursuant to legal regulation, is required or demanded by a competent authority.
1 Article 2:15, second paragraph, of the General Law on administrative law It shall not apply to the transmission by means of the central location of data and documents relating to procedures and formalities.
2 To the extent that they are not deviated by or under this law, the Articles 2:14, 3rd paragraph , 2:15, third and fourth member , 2:16 and 2:17 of the General Administrative Law Act applying mutatis mutandis to messages to which this chapter and Chapter 4 apply, and where a competent authority is not involved as a governing body.
1 Our Minister processes personal data as intended in Article 1 (a) of the Personal Data Protection Act , with the aim of facilitating the exchange of messaging which relates to the settlement of procedures and formalities through the central location of service providers.
2 With regard to the processing of personal data referred to in paragraph 1, our Minister is responsible for the purposes of Article 1 (d) of the Personal Data Protection Act .
Our Minister makes accessible via the central location for business customers:
a. the information referred to in Article 7 (a) and (c) ;
b. General information on access to and pursuit of services applicable in other Member States;
(c) the means of redress generally available for the settlement of disputes between competent authorities and business customers or between service providers and business customers;
d. General information on remedies available in other Member States for resolving disputes between service providers and business customers;
e. the names and address of associations or non-profit organisations, other than the competent authorities, of which practical assistance may be given to business customers;
f. The names and addresses of non-profit-making associations or organisations, which are not a competent body in any Member State, and where commercial customers may receive practical assistance in a Member State other than the Netherlands.
The Consumer and Market Authority will make it accessible to consumers through the information point:
a. the information referred to in Article 7 (a) and (c) ;
b. General information about requirements for access to and pursuit of services in other Member States, in particular consumer protection information;
(c) the means of redress generally available for the settlement of disputes between competent authorities and consumers, or between providers and consumers;
d. General information on remedies available in other Member States for resolving disputes between service providers and consumers;
e. the names and addresses of non-profit-making associations or organisations, other than the competent authorities, of which practical assistance may be given to consumers.
f. the names and addresses of non-profit-making associations or organisations, which are not a competent body in any Member State, and where consumers may receive practical assistance in a Member State other than the Netherlands.
A competent authority involved in one or more requirements or licensing systems as referred to in Article 2 , accessible by electronic means to customers:
a. the information referred to in Article 8, first paragraph, part a , and Article 8, second paragraph;
(b) the means of redress generally available for the settlement of disputes between the customer and a customer or between a provider and a customer.
The information provided in the Articles 17 , 18 and 19 , is current, clear and unambiguous.
In the case of a ministerial arrangement, it may be possible to achieve a good performance Article 17, parts a, c and e , rules shall be laid down on the manner in which competent bodies are informed of information as intended Article 19 Organize and make accessible.
If it is not otherwise provided, our Minister shall ensure that it is easily accessible by electronic means to provide customers with information on:
a. the meaning of certain quality marks;
(b) the criteria for the application of health marking;
c. other quality information for services;
Codes of conduct adopted at Community level with a view to facilitating the access to or pursuit of services.
Our Minister provides a business customer at his request:
a. General information about requirements applicable in other Member States regarding access to and pursuit of services.
b. General information on legal remedies available in other Member States for resolving disputes between a provider and a business customer;
(c) names and address details of non-profit-making associations or organisations from another Member State, which are not competent authorities in that Member State, and of which a business customer may receive practical assistance.
The Consumer and Market Authority shall, at the request of a consumer, provide:
a. General information about requirements applicable in other Member States concerning the access to and pursuit of services, in particular those relating to consumer protection;
b. To provide general information on remedies available in other Member States for resolving disputes between a provider and a consumer;
(c) names and address details of non-profit-making associations or organisations from another Member State, which are not competent authorities in that Member State, and of which a consumer can obtain practical assistance.
A competent authority shall provide a customer, at his request, with general information on the usual interpretation and application of requirements or licensing systems, as referred to in Article 2 (2). Article 2 , where that competent authority is involved.
On an information request as referred to in the Articles 23 to 25 is Article 12, second to sixth paragraphs , mutatis mutandis, on the understanding that the treatment of a request addressed to Our Minister is via the Central Window and a request addressed to the Consumer and Market Authority through the Information Point.
1 Our Minister provides a relevant organization as referred to in Article 21, third paragraph, of the Directive, upon request, information as referred to in Article 21 (1) (a) to (c) of the Directive, for the Netherlands for the purposes of Article 21 (2) of the Directive. commercial customers.
2 The Consumer and Market Authority is supplying a relevant organisation as referred to in Article 21 (3) of the Directive, upon request, information as referred to in Article 21 (1) (b) (b) (c) (c) of the Directive, for the Netherlands for the benefit of consumers.
3 By ministerial rules, rules may be laid down for the implementation of practical arrangements and implementing measures adopted pursuant to Article 21, third paragraph, final sentence and Article 21, fourth paragraph, of the Directive.
1 By way of derogation from Article 4:20a, 1st member, of the General Law governing law is Section 4.1.3.3 of that Act applicable to an application for a permit, unless otherwise provided by legal regulation.
2 The first paragraph shall not apply to the application for authorisation, set up by or implementing a Regulation or a decision as referred to in Article 288 of the Treaty on the Functioning of the European Union.
1 A competent authority shall acknowledge receipt of an application for authorisation as soon as possible. The acknowledgement of receipt shall contain the following information:
(a) the period within which the order or the eight-week period referred to in the law relating to that authorization provided for in this Regulation is to be given in respect of the period of Article 31, first paragraph ;
b. available remedies for the purpose of arriving at the disposal of the decision.
2 If Section 4.1.3.3 of the General Administrative Law Act On an application, the acknowledgement shall state that the requested decision has been taken in due course, if the application has not been decided in good time.
1 A provider fulfils a requirement to apply for a licence in the course of the preparation of a decision, if the service provider already meets an equivalent requirement in the Netherlands or another Member State.
2 A competent authority shall not, in the preparation of a decision referred to in paragraph 1, examine a requirement as referred to in that paragraph if research on an equivalent requirement is already in place in the Netherlands or another Member State. indicates that the service provider complies with that requirement.
If no time limit is laid down by law, within which a decision on an application for the authorization in question is to be given, the decision shall be taken as soon as possible, but no later than eight weeks after the receipt of the decision. request.
2 Article 4:14, 1st paragraph, of the General Law governing law does not apply only if a decision on an application for authorisation because of the complexity of the subject cannot be given within the period referred to in the first paragraph. The time limit may be extended once.
3 The Article 4:14, third member, of General Law governing law the notification referred to above shall be made by application of the second paragraph within the time limit set, shall state the reasons on which it is based, and shall give the shortest possible period within which the decision may be taken into account.
4 If Section 3.4 of the General Administrative Law applies to an application, a competent authority may specify the time limit for the decision to be taken, by way of derogation from Article 3:18, 2nd paragraph, of the General Law on Administrative Law Extend once for a limited period of time. The applicant shall be informed of the extension and its duration, having regard to the eight-week period referred to in Article 3 (18), second paragraph, of the said period.
1 If an applicant for a permit with application of Article 4: 5 of the General Administrative Law Act an opportunity to supplement the application within the period prescribed for that purpose by the competent authority, the competent authority shall also indicate its effects on the period of time of the decision.
2 By way of derogation from Article 4:15, first paragraph, part b, of the General Law governing the administrative law , the time limit for giving a decision on an application for a permit shall not be suspended by a communication as specified in that section.
1 A competent authority shall limit an authorisation which it may or may not grant for an indefinite period of time, unless:
(a) that period of validity is automatically extended,
b. the number of available permits is limited by a compelling reason of public interest; or
For a limited period of time, it is justified to have a compelling reason in the public interest.
2 An authorisation whose validity depends solely on the continuing fulfilment of the permit conditions shall be deemed to be an authorisation for an indefinite period of time.
3 A licence with a limited period of validity does not refer to a licence which ceases to be valid either by virtue of a legal requirement or to the authorization if a service provider is not within the limits of the period of validity of the licence. The time limit laid down for the authorisation shall be commendation.
4 The first paragraph shall not apply to:
a. Permits which by their nature are limited in time;
b. Permits of which the number is limited by scarcity of the available natural resources or the useful technical possibilities.
5 A competent authority shall grant an authorisation as referred to in paragraph 4 (b) for an appropriate limited duration.
1 A provider of services shall inform the competent authority which has granted a licence:
(a) the establishment of subsidiaries whose activities are subject to the relevant authorisation;
(b) changes in his situation which no longer satisfies the conditions of the relevant authorisation.
2 A provider of services which has made the application for authorisation through the central contact point shall carry out the communication referred to in the first paragraph by sending it via the central location.
1 A competent authority shall acknowledge receipt of a notification to be carried out by a service provider to a competent authority, if:
a. the making of that notification and the progress of a period laid down by law following that notification is a condition of establishment and
(b) the competent authority is competent to grant a licence within the time limit specified in subparagraph (a).
2 A provider satisfies a requirement of a notification referred to in paragraph 1 if the service provider already fulfils an equivalent requirement in the Netherlands or in another Member State. Article 30, second paragraph , mutatis mutandis, shall apply to a competent authority competent to issue a licence within the period specified in paragraph 1 (a).
1 A provider shall inform the competent authority which he has notified as intended to Article 35, first paragraph , in knowledge of:
(a) the establishment of subsidiaries whose activities are covered by the relevant notification;
b. changes in the information he has provided with the notification.
2 A provider who has already made use of the possibility, intended to Article 13, first paragraph , the communication, referred to in the first paragraph, by transmission via the central location.
1 Competent authority involved in one or more requirements or licensing systems as referred to in Article 4 (2) of the EC Treaty. Article 2 :
(a) at the request of a competent authority of another Member State, information on a provider of services and on the provision of services;
-at the request of a competent authority of another Member State, carry out inspections, inspections and investigations of a service provider and its operations, if the request is duly justified and the relevant authority is competent to carry out such inspections. to comply with the request.
2 A competent authority shall provide the information and results of verifications, inspections and investigations referred to in points (a) and (b) of the first paragraph, and information on measures taken with regard to the provider concerned, within the framework of shortest possible time frame and by electronic means.
3 The provision referred to in paragraph 2 shall be made through the internal market information system unless, in the opinion of the competent authority implementing rules of the European Community, another electronic communication system is appropriate.
1 If a competent authority is unable to comply with a request as referred to in Article 37, first paragraph, part a or b , it shall promptly inform the authority which made the request in order to find a solution.
2 A competent authority shall inform Article 55 Referred point of contact:
a. if it does not have jurisdiction to apply to a request Article 37, first paragraph, part a or b , to be complied with;
(b) if the application of the first paragraph does not lead to a solution with the authority which has made the request.
1 Competent authority involved in one or more requirements or licensing systems as referred to in Article 4 (2) of the EC Treaty. Article 2 , please state in a proper manner a request to a competent authority from another Member State:
a. For information on a provider and his services;
b. to carry out verifications, inspections and investigations of a service provider and its operations.
2 Where a competent authority from another Member State does not comply with a request referred to in paragraph 1 (a) or (b), the competent authority concerned shall inform the competent authority of the application of the provisions of the Article 55 Referred to the contact point.
1 Competent authority involved in one or more requirements or licensing systems as referred to in Article 4 (2) of the EC Treaty. Article 2 , at the request of a competent authority of another Member State, information on the irrevocable administrative sanctions or irrevocable disciplinary action taken by the former competent authority against a provider of services have been affected, if the request in question is duly substantiated and the relevant authority has jurisdiction to comply with the request.
2 A competent authority shall provide the information referred to in paragraph 1, specifying the provisions which have been contravened, within the shortest possible time and by electronic means, taking into account the requirements of the Article 37, third paragraph . The service provider shall be informed thereof in writing without delay.
1 For the purposes of applying the first paragraph of Article 33 of the Directive, a declaration of behaviour as referred to in Article 33 (2) shall be amended. Article 28 of the Law and Criminal Justice Act shall be considered as information on criminal penalties.
2 By way of derogation from Article 33 of the Law and Criminal Justice Act an application for the issue of a declaration as referred to in the first paragraph in respect of a provider of services shall be submitted by a competent authority from another Member State.
3 An application as referred to in the second paragraph shall be granted by way of derogation from Article 30, first paragraph, first sentence, of the Law on Judicial and Criminal Payable submitted to our Minister for Security and Justice.
4 Article 37, third paragraph It shall apply mutatis mutandis to the application referred to in paragraph 2.
1 For the application of the Articles 32, 1st paragraph , 34 , 35 and 36 of the Law and Criminal Justice Act Applicants shall be deemed to be the service provider in respect of whom the declaration is requested.
2 Our Minister of Security and Justice shall inform the service provider of who is asked to be informed of the Article 41, second paragraph , as referred to above, and requests its agreement to the examination of the application.
3 If the service provider does not consent, our Minister of Security and Justice shall notify the competent authority which requested the declaration.
4 Article 37, second and third paragraphs , shall apply mutatis mutandis to the messages referred to in paragraph 3.
5 For the consideration of an application to issue a certificate of conduct, our Minister of Security and Justice of the applicant, referred to in the first paragraph, may request a reimbursement of costs. Article 39, second and fourth paragraphs, of the Law and Criminal Justice Act shall apply mutatis mutandis.
1 Our Minister of Security and Justice informs the service provider about whom the statement is asked if he intends to refuse to issue the statement on the behaviour.
2 Our Minister of State for Security and Justice shall issue the certificate of conduct or refusal to issue it to the service provider referred to in paragraph 1.
3 Our Secretary of State for Security and Justice shall inform the competent authority of another Member State as soon as possible of the issue or refusal of the declaration of conduct. Notification of the issue of the declaration shall be notified to the extent of the declaration issued.
4 If the refusal of the declaration of conduct is not yet irrevocably informed, our Minister of Security and Justice shall inform the competent authority of another Member State.
5 Article 37, second and third paragraphs , mutatis mutandis, shall apply to the provision of information, as referred to in the third and fourth paragraphs.
1 Competent authority involved in one or more requirements or licensing systems as referred to in Article 4 (2) of the EC Treaty. Article 2 , please state in an appropriate manner a request to a competent authority from another Member State for information on administrative sanctions, disciplinary measures or criminal sanctions imposed on a service provider or with regard to decisions taken as a provider of insolvency or bankruptcy in respect of fraudulent practices.
2 Article 39, second paragraph , shall apply mutatis mutandis.
This paragraph does not apply:
(a) where the legal provisions on the basis of which the measure is taken are subject to a Community harmonisation measure in the field of the safety of services;
b. Investigating investigations as specified in Article 132a of the Code of Criminal Procedure .
For the purposes of the application of the Articles 47 to 49 the competent authorities shall have the powers of supervision and enforcement which they have granted by law, in so far as such powers can be exercised only in respect of providers established in the Netherlands.
A competent authority involved in one or more requirements or permit systems as referred to in Article 2 , only in exceptional circumstances for the safety of services may take measures against a provider established in another Member State and providing those services in the area covered by this Law of a kind used in the field of services. Apply.
1 Before a competent authority takes a measure as referred to in Article 47 , it shall ask the competent authority of the Member State of establishment of the service provider to take action with regard to it. In so doing, the competent authority shall provide all relevant information concerning the service provider concerned, its services and the circumstances of the service.
2 The competent authority shall inform the European Commission, the competent authority of the Member State of establishment and the competent authority of the Member State of establishment. Article 55 inform the contact point of the intention to take measures, if:
(a) in its opinion, the competent authority of the Member State of establishment has not, or has satisfied itself, the application for measures made under the first paragraph; and
(b) maintains its intention to take a measure with regard to the service provider.
3 The notification provided for in paragraph 2 shall be notified to the European Commission and to the competent authority of the Member State of establishment through the internal market information system and shall contain the following information:
(a) the reasons why the measures taken or planned by the competent authority of the Member State in which the provider of services are established are insufficient,
b. the reasons why the proposed measure provides greater protection to the recipient of the service than the measure which would be taken by the competent authority of the Member State of establishment; and
(c) an explanation of the proportionality of the proposed measure.
4 The competent authority shall take the measure not earlier than after the expiry of the period of time specified in the Directive or in accordance with the Directive.
The competent authority shall immediately implement a request from the European Commission for the measure not to be taken or to cease to be implemented, due to the conflict of that measure with Community law.
1 If a competent authority on the basis of Article 47 (i) a measure may, in cases of urgency, apply to Article 48, first to fourth paragraphs No, no, no, no. In that case, it shall inform the European Commission, the competent authority of the Member State of establishment of the service provider and the competent authority of the Member State of residence. Article 55 The contact point referred to above shall be notified without delay of the measure taken, stating the reasons for its urgency.
2 Article 48, fifth paragraph , is applicable.
1 Competent authority involved in one or more requirements or licensing systems as referred to in Article 4 (2) of the EC Treaty. Article 2 , at the request of a competent authority from another Member State, measures against a provider established in the Netherlands where:
(a) the relevant request contains all relevant information on the provider of services concerned, its services and the relevant conditions;
(b) the competent authority shall be empowered to comply with the request;
(c) the measures requested are related to the safety of services in another Member State;
(d) it is sufficiently convinced that the facts underlying the request are correct.
2 The competent authority shall establish the authority which has made the request and submit it to the competent authority. Article 55 without delay, in the said contact point, of the measures taken or planned or of the reasons why it does not take measures.
3 To a notification to the competent authority as referred to in the second paragraph Article 37, third paragraph , applicable.
1 As soon as a competent authority involved in one or more requirements or licensing systems as referred to in Article 2 , knowledge of behaviour, serious specific actions or circumstances with regard to a provider of services or a provision of services which may cause serious damage to the health, safety of persons or the environment, shall be such as to the European Commission, all the other Member States, the European Commission and the Article 55 without delay, the point of contact referred to above.
2 The notification referred to in paragraph 1 shall be made through the internal market information system, unless, in the opinion of the competent authority implementing rules of the European Community, another electronic communication system is appropriate.
3 The notification shall be treated in the same way as a decision.
4 At the same time, or as soon as possible after the publication of the decision, notification shall be made to the service provider.
5 The first paragraph shall not apply to investigations as referred to in Article 3 (2). Article 132a of the Code of Criminal Procedure .
Ministerial rules may lay down rules for the implementation of the rules laid down by the European Commission pursuant to Article 32 (3) of the Directive.
A competent authority involved in one or more requirements or permit systems as referred to in Article 2 , does not waive the application of surveillance or enforcement measures against a provider established in the Netherlands due to the fact that the service provided by that service provider has been carried out in another Member State or has injury to it the cause.
Article 5:20 of the General Administrative Law Act shall apply mutatis mutandis where a competent authority is required to cooperate in response to a request from a competent authority from another Member State as intended for the purposes of the paragraphs 6.1 , 6.2 and 6.3 .
1 Our Minister is responsible for the establishment and maintenance of a contact point.
2 The contact point:
(a) support the exchange of requests for information on and on the carrying out of verifications, inspections and investigations of service providers and their operations between the competent authorities and the competent authorities of other Member States; member states;
b. is the competent authorities, on request, or not, helpful to
1. to solve problems in requests for information on and to carry out verifications, inspections and investigations of service providers and their services to or from competent authorities from other Member States;
2 °. the use of the warning mechanism;
(c) whether or not, upon request, the competent authorities shall provide the necessary information with regard to equivalent, or in view of their purpose, essentially similar requirements and investigations to which a provider is subject in any other Member State;
d. maintains contact with the contact points of other Member States for the proper functioning of administrative cooperation.
A competent authority involved in one or more requirements or permit systems as referred to in Article 2 , ensure connection to the internal market information system.
In the case of a ministerial arrangement, rules may be laid down concerning technical requirements to be met by the competent authorities for the purpose of connection to the internal market information system and in relation to security of personal data when using the internal market information system.
A competent authority involved in one or more requirements or permit systems as referred to in Article 2 , the internal market can exploit information for the exchange of information within the Netherlands in relation to service providers and services.
1 Our Minister processes personal data as intended in Article 1 (a) of the Personal Data Protection Act , consisting of the contact details of the competent authorities, with the aim of exchanging messages related to the settlement of requests for information and verifications, inspections and investigations, and on warning messages referred to in this Chapter may be made available by competent authorities through the internal market information system.
2 With regard to the processing of personal data referred to in paragraph 1, our Minister shall be responsible for the processing of personal data Article 1 (d) of the Personal Data Protection Act .
Ministerial arrangements may lay down rules for the implementation of implementing measures adopted by the Commission pursuant to Article 36 of the Directive and of practical arrangements for the electronic exchange of information between the Member States. Member States
Article 28 shall not apply to permits until 1 January 2012, granted under the Provincial Law , the Municipal law , the Water law , the Common Arrangements Law and the Law of the Socio-Economic Council .
1 In the case of a general measure of management, until 1 January 2012, licences shall be designated, the application of which shall be based on: Article 28 except for the application of Section 4.1.3.3 of the General Administrative Law Act .
2 The first paragraph shall not apply to authorisations granted under the Provincial Law , the Municipal law , the Water law , the Common Arrangements Law and the Law of the Socio-Economic Council .
3 The nomination for a general measure to be adopted under the first paragraph shall be submitted for the first time not more than four weeks after the draft has been submitted to both Chambers of the States General.
The articles of this Law shall enter into force on a date to be determined by royal decree, which may be determined differently for the various articles or parts of such articles.
This law is cited as: Service law.
Burdens and orders that it will be placed in the Official Gazette, and that all ministries, authorities, colleges and officials who so concern will keep their hands on the precise execution.
Entry
' s-Gravenhage, 12 November 2009
Beatrix
The Minister for Economic Affairs,
M. J. A. van der Hoeven
The Minister of Justice,
E. M. H. Hirsch Ballin
Published on 4 December 2009The Minister of Justice,
E. M. H. Hirsch Ballin
