JOHN CARLOS I

KING OF SPAIN

To all who present it and understand it.

Sabed: That the General Courts have approved and I come to sanction the following law.

PREAMBLE

I

The services sector is the most important sector, both in the European economy and in the Spanish economy, in economic and employment terms, and the sector that has experienced further development in recent years. This expansion has undoubtedly contributed to the Treaty on European Community, which already established in 1957 both the freedom of establishment and the freedom of movement of services within the Community.

However, after five decades of the Treaty, progress in these freedoms has been insufficient to achieve a genuine single market in services that will enable providers, in particular small and medium-sized enterprises, to (a) medium-sized enterprises, extending their operations beyond their national borders and benefiting fully from the internal market, while providing consumers with greater transparency and information, providing them with greater opportunities for choice and quality services at lower prices. Directive 2006 /123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market, hereinafter the Directive, adopted in the framework of the Lisbon strategy, responds to this situation. establish a set of principles of general application for regulatory regulation of access to and exercise of services within the European Union.

fact, the services sector is subject to complex regulation in Spain and in the other countries of the European Union. This regulation can sometimes be obsolete or inappropriate and lead to distortions in the functioning of the services markets, such as lack of competition, inefficiencies in the allocation of resources or the tightness of the market. markets. In Spain, given the importance of the services sector, these distortions generate negative effects on the economy as a whole, contributing to the inflation differential with the countries of our environment, limiting the advance of productivity, the growth, job creation and, in short, improving economic well-being.

Therefore, this Law, by incorporating the Directive into law, takes an ambitious approach by stepping up the application of its principles, although it expressly provides that non-economic services of general interest excluded from its scope of application. The aim is to promote the improvement of the regulation of the services sector, reducing unjustified or disproportionate obstacles to the exercise of a service activity and providing a more favourable and transparent environment for economic operators. Encourage the creation of companies and generate profits in efficiency, productivity and employment in service activities, in addition to the increase in the variety and quality of services available to businesses and citizens. Thus, the Law establishes as a general regime the freedom of access to the activities of services and their free exercise throughout the Spanish territory and regulates as exceptional the assumptions that allow to impose restrictions on these activities.

The purpose of this Law is therefore to establish the necessary provisions and principles to guarantee the free access to the activities of services and their exercise carried out in Spanish territory by providers established in Spain or in any other Member State of the European Union, simplifying procedures and at the same time promoting a high level of quality in services, promoting a transparent, predictable and pro-active regulatory framework economic, promoting the modernization of the Public Administrations in order to respond to the needs of businesses and consumers and ensuring better protection of the rights of consumers and users of services.

Now, it is important to stress that in order to improve the regulatory framework for the services sector, it is not enough to establish, by means of this Law, the general principles and provisions governing the current regulation, and the future of the service activities. On the contrary, it will be necessary to carry out an exercise in the assessment of the rules governing access to and pursuit of the service activities in accordance with the principles and criteria laid down in this Law and, where appropriate, to amend or repeal this regulation.

II

The Act consists of a total of 32 articles, grouped into six chapters, six additional provisions, a transitional provision, a derogation provision and six final provisions.

Chapter I-"General Provisions"-concretely the object of the Law, its scope and defines some concepts that are important for its understanding.

The Law applies to services that are offered or provided on Spanish territory by providers established in Spain or in any other Member State of the European Union. In this way, this law does not apply to rules that must be respected by society as a whole, whether they are providers or individuals, such as the rules on criminal law or rules of conduct in the movement. In other words, the Law does not interfere with the requirements or regulations that have to be respected by the providers in the exercise of their economic activity as well as by private individuals in their private capacity.

In the same sense, this Law does not affect the laws or regulations on employment and working conditions, including health and safety at work, nor the clauses contained in collective agreements or in individual work contracts or the exercise of collective rights in the field of employment, such as the right to negotiate, conclude and implement collective agreements and to take collective action.

It is important to note that the Law refers only to the activities of own-account services that are carried out in exchange for an economic consideration. Non-economic services of general interest, which are carried out in the absence of such an economic counterpart, are not covered by the provisions of the Treaty on European Community relating to the internal market and are not covered by the Treaty. scope of the Directive and consequently not in the scope of this Law. On the other hand, this Law does not affect the requirements governing access to public funds, including specific contractual conditions and quality standards to be respected as a condition for perceiving them.

This Act does not apply, in accordance with the Directive, to financial services; electronic communications services and networks; services in the field of transport, including port services; temporary work enterprises; health services; audiovisual services, including cinematographic and broadcasting services; gambling activities, including lotteries; social services relating to social housing; care for children and support for families and people temporarily or permanently in need, provided directly or indirectly by Public Administrations; and private security services.

Furthermore, it should be noted that the Directive also does not apply to activities involving the exercise of public authority. In our legal order this implies that the acts performed by public fedarios, as well as by the registrars of the property and mercantiles, fall outside its scope. The law also does not apply to the tax area.

On the other hand, it should be noted that this Law will not apply to specific aspects related to the access of a service activity or its exercise governed by other Community instruments.

Finally, in this chapter I define the concepts necessary for the implementation of this Law: "service", "provider", "recipient", "Member State of establishment", "establishment", "physical establishment", 'authorisation', 'requirement', 'responsible declaration', 'authorisation regime', 'overriding reason of general interest', 'competent authority', 'regulated profession', 'commercial communication'.

The following two chapters cover the regulation of the provision of services in their two modalities: with establishment and without establishment.

Thus, the provisions of Chapter II-"Freedom of establishment of service providers"-apply to all cases in which a provider wishes to establish himself in Spain. First, the chapter enshrines the principle of freedom of establishment according to which Spanish service providers or any other Member State or those legally resident in Spain may be established freely within the territory of Spain. Spanish to exercise a service activity in accordance with the provisions of this Law. Once established, service providers may exercise their activity throughout the national territory, without prejudice to the possibility for the opening of a physical establishment in another part of the territory of an authorisation.

Authorization regimes are one of the most commonly applied procedures for service providers, constituting a restriction on the freedom of establishment. The Law establishes a general principle according to which access to a service activity and its exercise shall not be subject to an authorisation regime. Only prior authorisation schemes may be maintained where they are non-discriminatory, justified by an overriding reason of general interest and are proportionate. In particular, an authorisation shall be deemed not to be justified where a communication or a statement responsible for the provider is sufficient to facilitate, if necessary, the control of the activity.

The procedures and procedures for obtaining the authorizations must be clear and be made known in advance. The positive administrative silence shall apply to such procedures except in cases where it is duly justified by an overriding reason of general interest.

The following law refers to the temporary and territorial limitations of communications, responsible statements or authorizations. In general, they will be granted indefinitely and will take effect throughout the Spanish territory, which will not affect the possibility for the competent authorities to revoke the authorisations or to suspend the activity when the authorisations are no longer fulfilled. conditions which led to the authorisation being obtained. This promotes a positive impact on economic activity, as the limitations to the territorial effectiveness of communications, responsible statements and authorizations, represent an additional burden for providers that limit their geographical mobility and growth. Only the number of authorisations may be limited where justified by the scarcity of natural or physical resources or by limitations of the technical skills to be used in the development of the activity. In such cases, a concurrent procedure must be followed to ensure impartiality and transparency.

In addition to the above conditions, the Act also imposes specific obligations as regards the principles to be met by the requirements governing access to and the exercise of services for the purposes of ensure that these are less burdensome and more predictable for service providers and provide that public administrations may not require requirements, controls or guarantees for the purpose of those to which they are already subject to the provider in another Member State.

The above is complemented by the enumeration of a number of prohibited requirements, which are therefore not subject to any access to a service activity or to the exercise thereof. These are discriminatory or overly restrictive requirements that must be eliminated and not reintroduced in the future.

Finally, Chapter II sets out certain requirements which constitute serious obstacles to the freedom of establishment, and should therefore be of exceptional application and subject to prior assessment demonstrating their justification for the particular case in question. The requirement for such requirements can only be justified where they are not discriminatory, justified by an overriding reason of general interest and are proportionate.

Chapter III-"Freedom to provide services for providers in another Member State"-removes obstacles to the free movement of services by providers without establishment in the territory of the Member States.

First, the chapter establishes the principle of freedom to provide services in Spanish territory for providers established in any other Member State. Certain requirements are also listed, the imposition of which is expressly prohibited by their markedly restrictive effects on the freedom to provide services. By way of derogation, it is established that the access of these providers to a service activity or their temporary exercise in Spanish territory may be made subject to compliance with requirements where they are not discriminatory on grounds of nationality. or registered office, are justified on grounds of public policy, public security, public health or environmental protection and are proportionate.

It should be noted that the above will not apply to specific activities in certain regulated sectors (postal, energy or water, among others) where there are public service obligations and in which it appears it is appropriate for service providers established in other Member States of the European Union (hereinafter 'Member States') to comply with the same requirements as those laid down in Spain; and Community Directives containing more specific rules on the cross-border provision of services, such as Directive 77 /249/EEC of the Council of the European Communities of 22 March 1977, aimed at facilitating the effective exercise of the freedom to provide services by lawyers and Title II of Directive 2005 /36/EC of the European Parliament and of the Council European Parliament and the Council of 7 September 2005 on the recognition of professional qualifications.

It should also be noted that the matters covered by Directive 96 /71/EC of the European Parliament and of the Council of 16 December 1996 on the posting of workers within the framework of a Directive are also excepted. provision of services, in such a way that workers posted to another Member State are subject to the conditions of employment and employment established in the Member State in whose territory the work is carried out. These conditions relate, inter alia, to maximum periods of work and minimum rest, the amount of the minimum wage or health and safety at work.

The principle of freedom to provide services will not prevent the provision made in Spanish territory to be in line with the provisions of the Spanish legislation on data protection, on the movement of nationals of third countries, on the demand for intervention by a notary, or on intellectual property rights, including those of authors and related persons. These matters, although specifically listed in the Directive, do not constitute service activities, nor do they specifically regulate the access or exercise of service activities, and therefore their explicit mention in the Directive is not considered necessary. Article 1 (1) of this Law, as it is not covered by its scope.

The Act also provides for exceptions to the principle of the freedom to provide enforcement services in individual cases and for reasons relating to the security of services.

Chapter IV-"Administrative Simplification"-includes several precepts aimed at simplifying procedures.

In particular, public administrations should eliminate procedures and procedures that are not necessary or replace them with alternatives that are less burdensome for providers. Similarly, they must accept the documents issued by a competent authority of another Member State from which a requirement in question arises, without being able to require the submission of original documents, copies certified or certified translations, except in cases provided for by Community legislation or justified on grounds of public policy and security. In addition, all procedures and procedures can be carried out remotely and by electronic means, which will reduce the burden that the procedures entail for both service providers and public authorities.

Additionally, a system of a one-stop shop is put in place through which the providers will be able to carry out in a single point, by electronic means and at a distance, all the procedures and procedures necessary for the access to service activities and their exercise.

Chapter V-"Quality Policy for Services"-includes the lines of action around which the Public Administrations will foster a high level of quality of services as well as the obligations of the public authorities. providers, both in terms of the information they need to provide and in terms of complaints.

As a measure to strengthen consumer protection and security in the performance of service activities, the possibility of requiring the hiring of professional or civil liability insurance companies is established. equivalent guarantees for services that present specific risks to the health or safety of the recipients or a third party.

Furthermore, in order to encourage access to information to the recipients of services, the total bans on commercial communications in the case of regulated professions are abolished and the requirements of the Directive are to be abolished. limitations that are imposed are not discriminatory, are justified by an overriding reason of general interest and are proportionate.

To conclude, the chapter improves the quality and supply of the services offered by eliminating unjustified restrictions on multidisciplinary activities, so that the service providers cannot be obliged to services for the pursuit of a single activity exclusively, either through the imposition of requirements which require the exclusive exercise of a specific activity or which restrict the joint exercise or in association of different activities activities.

Chapter VI-"Administrative cooperation for the effective control of providers"-is aimed at facilitating effective cooperation with the authorities of the Member States. This cooperation is very important in that the strengthening of trust in the legal framework and in the supervision of other Member States is necessary for the removal of obstacles to the freedom to provide services.

Thus, this chapter contains general obligations of cooperation, among which they stand out: cooperation must be carried out directly between competent authorities; the configuration of the structure of the cooperation system; and the ability of the competent authorities of other Member States to consult the registers in which service providers are registered.

In order for cooperation between the competent authorities of the Member States to be effective, it is necessary for providers to provide their authorities with all the information necessary for the monitoring of compliance with the national legislation, for which the Act includes a number of reporting obligations for providers.

In order to ensure effective supervision and adequate protection of the recipients of services, the Act includes an alert mechanism whereby the competent authorities are aware of acts or circumstances of a serious nature relating to an activity or a service provider liable to cause serious harm, shall immediately inform all Member States and the European Commission.

The chapter closes with the obligation of the competent Spanish authorities, at the reasoned request of the competent authorities of other Member States, to communicate the disciplinary measures and firm administrative sanctions on an administrative basis, which have been adopted by any Spanish competent authority, including professional associations, with regard to the provider and which are directly related to their commercial or professional activity, in compliance with the rules on protection of personal data. Criminal convictions and guilty pleas in law which have been issued in respect of the provider and which are directly related to their commercial or professional activity shall also be communicated.

The additional provision first establishes an electronic system for the exchange of information between the Public Administrations that guarantees compliance with the obligations established in this Law. The second additional provision allows the future scope of the one-stop shop to be extended. The third additional provision provides for the Committee to improve the regulation of service activities as a multilateral cooperation body aimed at facilitating the coordination and monitoring of activities leading to such activities. Public administrations in the process of transposition. The fourth additional provision refers to the system of notification to the European Commission of draft rules which may be affected by the Directive. The fifth additional provision contains the system of infringements and penalties applicable to non-compliance with the reporting obligations of service providers and the additional provision sixth clarifies the references to VAT in the Community. Autonomous region of the Canary Islands and the cities of Ceuta and Melilla.

The transitional provision clarifies the regime applicable to the authorisation procedures initiated prior to the entry into force of the Act. The repeal of the provisions of Chapter IV of Chapter IV and the provisions of Chapter IV of Chapter IV of Chapter IV of Chapter IV of Chapter IV of Chapter IV of Chapter IV of Chapter IV of Chapter IV of the Treaty. Articles 24 and 25 of Chapter V.

As expressed by the final Disposition first, this Law is of a basic nature and is dictated by the provisions of Article 149.1.1ª, 13. and 18. of the Spanish Constitution. As expressed in the Second Final Disposition, this Law partially incorporates into Spanish law the Directive. The third final provision contains the necessary qualifications for the development and implementation of the Law. On the other hand, the Fourth Final Disposition establishes that the competent public authorities which do not comply with the provisions of this Law, giving rise to the Kingdom of Spain being sanctioned by the European institutions, will assume, in the is imputable, the liabilities that have been derived from such failure.

Also, the Final Disposition fifth details the procedure for adapting the current regulations for the General Administration of the State and specifies the form of communication from the rest of the administrations and authorities. to inform the European Commission of the provisions transposing Directive 2006 /123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market to the European Commission.

Finally, under the Sixth Final Disposition, the Law shall enter into force within thirty days of the day following that of its publication in the Official State Gazette, except as provided for in the case of the only and administrative cooperation which will enter into force on 27 December 2009.

CHAPTER I

General provisions

Article 1. Object.

This law aims to establish the general provisions necessary to facilitate the freedom of establishment of providers and the freedom to provide services, simplifying procedures and promoting, time, a high level of quality in services, as well as to avoid the introduction of restrictions on the functioning of the service markets which, in accordance with the provisions of this Law, are not justified or proportionate.

Article 2. Scope.

1. This Law applies to services which are carried out in return for economic consideration and which are offered or provided on Spanish territory by providers established in Spain or in any other Member State.

2. Except for the scope of this Law:

(a) Non-economic services of general interest.

b) Financial services.

(c) Electronic communications services and networks, as well as the associated resources and services as regards matters governed by electronic communications legislation.

(d) Services in the field of transport, including urban transport, and maritime and air navigation, including the port and airport services necessary to carry out the transport activity, with the exception of the activity of the logistics platforms of the undertakings and the activities necessary for their operation.

e) The services of temporary work enterprises.

(f) Health services, including pharmaceutical services, whether or not carried out in healthcare facilities and irrespective of their mode of organisation and funding at the State level and their public or private nature, provided by health professionals to their patients in order to assess, maintain or restore their health status, where these activities are reserved for regulated health professions.

g) Audiovisual services, including film services, irrespective of their mode of production, distribution and transmission and broadcasting, with the exception of retail trade in products audiovisual.

h) Gaming activities, including lotteries, involving money-value bets.

i) Activities involving the exercise of public authority, in particular those of notaries, registrars of property and business.

(j) Social services related to social housing, childcare and support for families and persons temporarily or permanently in need provided directly by public administrations or by providers in so far as such services are provided by virtue of agreement, concert or agreement with the Administration.

k) Private security services.

3. This Law will not apply to the tax area.

4. In the event of a conflict between the provisions of this Law and other provisions governing access to a particular service activity or its exercise in application of Community legislation, the latter shall prevail in those aspects. expressly provided for in the Community legislation of which they bring cause.

Article 3. Definitions.

For the purposes of this Law:

1. "Service" means any self-employed economic activity, normally provided for a remuneration, as referred to in Article 50 of the Treaty on European Community.

2. 'provider' means any natural person with the nationality of any Member State, or legal resident in Spain, or any legal person or entity established in accordance with the law of a Member State, whose registered office or centre of the main activity is within the European Union, which offers or provides a service.

3. "Recipient" means any natural or legal person, who uses or wishes to use a service.

4. 'Member State of establishment' means the Member State in whose territory the service provider is established.

5. 'establishment' means access to and pursuit of a non-salaried economic activity, as well as the establishment and management of undertakings and especially of companies, under the conditions laid down by the legislation, for an indefinite period, by means of a stable infrastructure.

6. "physical establishment" means any stable infrastructure from which a service provision is effectively carried out.

7. 'authorisation' means any express or tacit act of the competent authority which is required, on a prior basis, for access to or pursuit of a service activity.

8. 'Requirement' means any obligation, prohibition, condition or limit to access to the exercise of an activity of services provided for in the legal order or arising from the case-law or administrative practice or established in the rules of the professional associations.

9. "responsible statement" means the document subscribed by the person who holds a business or professional activity in which he declares, under his or her responsibility, that he complies with the requirements laid down in the current legislation, which provides for the documentation that credits it and commits to maintain its compliance during the lifetime of the activity.

10. 'authorisation system' means any system provided for in the legal order or in the rules of professional bodies which contains the procedure, requirements and authorizations necessary for the access or exercise of a business services.

11. 'compelling reason of general interest': defined and interpreted in the case-law of the Court of Justice of the European Communities, limited as follows: public policy, public security, civil protection, public health, preservation of the financial balance of the social security system, the protection of the rights, safety and health of consumers, the recipients of services and workers, the requirements of good faith in transactions I would like to point out that the Commission has not yet taken a decision on this issue. animal health, intellectual and industrial property, the preservation of national historical and artistic heritage and the objectives of social and cultural policy.

12. 'competent authority' means any body or entity which carries out the regulation, organisation or control of the activities of services, or whose action affects access to or pursuit of a service activity, and in particular the authorities; State, regional or local administrative and professional bodies and, where appropriate, general and regional councils of professional schools.

13. "Regulated profession" means the activity or set of professional activities, the access to, the exercise of which or one of the procedures for the exercise of which is directly or indirectly subordinated, by virtue of laws or regulations, to possession of certain professional qualifications.

14. "Commercial communication" means any form of communication intended to promote, directly or indirectly, goods, services or the image of an undertaking, organisation or person with a commercial, industrial or craft activity or which exercises a regulated profession. No commercial communications are considered:

a) Data that allows you to directly access the activity of that company, organization, or person, and, in particular, the domain name or email address.

(b) Information relating to goods, services or the image of such an undertaking, organisation or person, drawn up independently, in particular where they are provided without economic consideration.

CHAPTER II

Freedom of establishment for service providers

Article 4. Freedom of establishment.

1. Providers may freely establish themselves in Spanish territory for the purpose of carrying out a service activity, without further limitations than those laid down in accordance with this Law.

2. Any provider established in Spain who is legally engaged in a service activity may be exercised throughout the national territory.

3. In the case of authorisation schemes provided for in Community legislation, the provisions of this Chapter shall not apply to those aspects expressly contained therein.

Article 5. Authorization regimes.

The rules governing access to or the exercise of a service activity may not impose an authorisation regime on providers, except in exceptional cases, provided that the following conditions are met: must be sufficiently motivated by the law establishing such a scheme.

(a) Non-discrimination: that the authorisation scheme is not discriminatory either directly or indirectly on the basis of nationality or that the establishment is in the territory of the competent authority or not; with regard to companies, for the purpose of the location of the registered office;

b) Need: that the authorisation regime is justified by an overriding reason of general interest, and

(c) Proportionality: that the scheme is the most appropriate instrument to ensure the achievement of the objective pursued because there are no other less restrictive measures in order to achieve the same result, in I would also like to say that the Commission has not been able to do so. Thus, in no event, access to a service activity or its exercise shall be subject to an authorisation system where a communication or a statement responsible for the provider is sufficient by means of which the service or the service provider is responsible. compliance with the required requirements and the necessary information is provided to the competent authority for the control of the activity.

Article 6. Authorization procedures.

The procedures and procedures for obtaining the authorizations referred to in this Law must be regulated, clear and unambiguous, objective and impartial, transparent, proportionate to the objective of interest general and make themselves known in advance. In any event, they must comply with the provisions of Law 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure, as well as to ensure the general application of silence. positive administrative and negative administrative silence are exceptions provided for in a rule with a law range justified by overriding reasons of general interest.

Article 7. Temporal and territorial constraints.

1. In general, the conduct of a communication or a responsible statement or the granting of an authorisation shall permit access to and exercise of a service activity for an indefinite period. Only duration can be limited when:

a) The responsible statement or authorization is automatically renewed or only subject to continuous compliance with the requirements;

b) the number of available authorizations is limited according to the following article or;

(c) the limitation of the duration of the authorisation or of the effects of the communication or the declaration responsible for the existence of an overriding reason of general interest may be justified.

For the purposes set out in this paragraph, the maximum period allowed for the provider to start his activity from the granting of the authorization or from the authorization is not considered as a temporary limitation. carrying out the communication or the responsible statement.

2. The provisions of the above paragraph shall not affect the possibility for the competent authorities to revoke the authorisation, in particular where the conditions for granting the authorisation are no longer met.

Also, when access to the activity or its exercise is conditional upon the conduct of a communication or a responsible statement by the provider, the verification by the public administration of the inaccuracy or falsehood in any information, manifestation or document, of an essential nature, which has been contributed or of the non-compliance with the requirements laid down in the legislation in force will determine the impossibility of continuing with the exercise of the the right or activity from the moment when such facts are known, without prejudice to the criminal, civil or administrative responsibilities to which there would be.

3. The conduct of a communication or a responsible declaration or the granting of an authorisation shall allow the provider to access and exercise the service in the whole of the Spanish territory, including by establishing branches.

Notwithstanding the foregoing, the Public Administrations may grant authorizations or request communications or responsible statements to providers whose effectiveness is limited to a specific part of the territory when it is justified on grounds of public policy, public security, public health or environmental protection, is proportionate and non-discriminatory and sufficiently motivated.

Also, an authorisation, a communication or an individual responsible statement may be required for each physical establishment where justified by an overriding reason of general interest, provided and not discrimination. Where the service provider is already established in Spain and is legally engaged in the activity, those authorities or declarations responsible may not provide for requirements which are not specifically linked to the physical establishment from the service provider. which is intended to carry out such activity.

Article 8. Limiting the number of authorizations.

1. Only the number of authorisations may be limited where justified by the scarcity of natural resources or unambiguous technical impediments.

2. When the number of authorizations to perform a particular service activity is limited:

(a) The procedure for granting by the Public Administrations shall ensure compliance with the principles of publicity, objectivity, impartiality, transparency and competitive competition. In such a procedure, the public authorities may take into account considerations relating to public health, social policy objectives, health and safety of workers employed and self-employed persons, protection of the environment, environmental protection, cultural heritage conservation and any other overriding reason in the general interest, provided that these criteria are laid down in the regulatory basis for the granting of authorisations and are related to the object of the concession.

(b) The authorisation granted shall be of limited and proportionate duration in the light of the characteristics of the service provision and shall not result in an automatic renewal procedure and shall not entail, once extinguished the authorisation, no advantage for the law-giving provider or for persons specially linked to it.

Article 9. Principles applicable to the required requirements.

1. Public Administrations may not require requirements, prior checks or equivalent or comparable guarantees, for their purpose to those to whom the provider is already subject in Spain or in another Member State.

2. All requirements that make access to a service activity or exercise subject to it must comply with the following criteria:

a) Not be discriminatory.

b) Be justified by an overriding reason of general interest.

c) Be proportionate to such overriding reason of general interest.

d) Be clear and unequivocal.

e) Being targets.

f) Being made public in advance.

g) Be transparent and accessible.

3. Access to or exercise of a service activity shall be governed by the principle of equal treatment and non-discrimination.

Article 10. Prohibited requirements.

In no case will the access to a service activity in Spain or its exercise be subject to the following:

(a) discriminatory requirements based directly or indirectly on nationality, including whether or not the establishment is in the territory of the competent authority, or the registered office; and in particular: nationality or residence for the provider, his staff, members of the social capital or members of the management and supervisory bodies.

b) Prohibition of being established in several Member States or of being registered in the registers or colleges or professional associations of several Member States.

(c) Limitations on the freedom of the provider to choose between a principal or secondary establishment and, in particular, the obligation for the provider to have its principal establishment in the Spanish territory, or the freedom of choice between establishment in the form of a branch or a subsidiary.

(d) Conditions of reciprocity with another Member State in which the provider already has its establishment, with the exception of those provided for in Community energy instruments.

(e) Requirements of an economic nature which make the granting of the authorisation subject to proof of the existence of an economic need or of a demand on the market, to the assessment of the economic, possible or actual effects of the the activity or an assessment of whether the activity complies with the economic programming objectives set by the competent authority or the placing on the market of products or services of a particular type or source. Overriding reasons of general interest that are invoked may not cover economic planning requirements.

(f) Direct or indirect intervention by competitors, including within advisory bodies, in the granting of authorisations or in the adoption of other decisions of the competent authorities concerning the establishment for the exercise of a service activity, without prejudice to the action of professional bodies and general and regional councils of professional bodies, as competent authorities, in the field of the powers conferred on them by the law. This prohibition extends to bodies such as chambers of commerce and the social partners in respect of the granting of individual authorisations, but this prohibition will not affect the consultation of bodies such as chambers of commerce. trade or the social partners on matters other than individual applications for authorisation, or a consultation of the general public.

(g) Obligation that the establishment of financial guarantees or the subscription of insurance should be made with a provider or body established in the Spanish territory.

(h) Obligation to have been registered with prior character for a specified period in the registers of existing providers in the Spanish territory or to have previously exercised the activity for a specified period in that territory.

Article 11. Exceptional application requirements subject to prior assessment.

1. The rules governing access to or exercise of a service activity shall not make such access or exercise subject to:

a) quantitative or territorial restrictions and, in particular, limits fixed on the basis of the population or of a minimum distance between providers. Economic purposes, such as ensuring the economic viability of certain providers, may not be invoked as a justification for quantitative or territorial restrictions.

(b) Requirements requiring the provider to constitute a given legal form; as well as the obligation to be a non-profit entity.

c) Requirements relating to the participation in the capital of a company, in particular the obligation to have a minimum capital for certain activities or to have a specific qualification to hold the share capital or manage certain companies.

(d) Requirements other than those required for access to regulated professions, as referred to in Directive 2005 /36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of qualifications professionals, who reserve access to a service activity to a number of specific providers due to the specific nature of the activity.

e) The prohibition of having several establishments in the Spanish territory.

(f) Requirements relating to the composition of the template, such as having a certain number of employees; either in the total of the template or in particular categories, or the obligation to contract with a source or modality determined.

g) Restrictions on price freedom, such as minimum or maximum rates, or limitations on discounts.

h) The obligation of the provider to perform, together with his/her service, other specific services or to offer a certain range or assortment of products.

2. However exceptionally, access to a service activity or to the exercise of such an activity may be made subject to compliance with any of the requirements of the previous paragraph where, in accordance with Article 5 of this Law, they are not discriminatory, are justified by an overriding reason of general interest and are proportionate.

In any event, the concurrency of these conditions must be notified to the European Commission in accordance with the provisions of the Additional Disposition fourth and must be sufficiently motivated in the regulations establishing such requirements.

CHAPTER III

Free provision of services for providers from another Member State

Article 12. Freedom to provide services.

1. Providers established in any other Member State may provide services in Spanish territory under the freedom to provide services without further limitations than those established in accordance with the provisions of this Law.

2. In any event, the exercise of a service activity by such providers on Spanish territory may be restricted by:

(a) The obligation for the provider to be established in the Spanish territory.

(b) The obligation for the provider to obtain an authorisation granted by Spanish authorities, or to register in a register or in a Spanish professional association or association.

(c) The prohibition on the provider to procure in the national territory a certain form or type of infrastructure, including an office or a cabinet, necessary to carry out the corresponding benefits.

d) Demands that prevent or limit the provision of services as a self-employed worker.

e) The obligation for the provider to obtain from the Spanish authorities a specific identification document.

(f) The requirement for requirements on the use of certain equipment and equipment that are an integral part of the provision of the service, except for health and safety reasons at work.

g) The restrictions referred to in Article 16 of this Law.

3. Exceptionally, the access of these providers to a service activity or their temporary exercise in Spanish territory may be subject to compliance with the requirements laid down in each case by the applicable sectoral legislation, only where they are justified on grounds of public policy, public security, public health or environmental protection; and are, in accordance with Article 5 of this Law, proportionate and non-discriminatory and sufficiently motivated.

The concurrency of these conditions must be notified to the European Commission in accordance with the provisions of the fourth Additional Disposition and must be sufficiently motivated by the regulations establishing such requirements.

Article 13. Exceptions to the freedom to provide services.

1. The provisions of the foregoing Article shall not apply to the following services:

(a) Services for the collection, classification, transport and distribution of postal items in the scope of the Postal Service.

b) Electricity generation, transportation, distribution, and supply.

c) Transportation, distribution, supply, storage, regasification, and natural gas supply.

d) Water distribution and delivery services, and wastewater services.

e) The treatment of waste and the monitoring and control of its shipment.

2. Nor shall the prohibition of restrictions on the freedom to provide services be applied to the following matters and activities, exclusively in those aspects expressly provided for by its specific rules:

(a) The matters covered by Directive 96 /71/EC of the European Parliament and of the Council of 16 December 1996 on the posting of workers in the framework of the provision of services.

(b) the freedom to provide services of lawyers, in accordance with Directive 77 /249/EEC of the Council of the European Communities of 22 March 1977, aimed at facilitating the effective exercise of the freedom to provide services; services of lawyers.

(c) The matters referred to in Title II of Directive 2005 /36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications, including the requirements of Member States in which the service is provided by which an activity is reserved for a particular profession.

(d) The matters covered by Directive 2006 /43/EC of the European Parliament and of the Council of 17 May 2006 on the statutory audit of the annual accounts and consolidated accounts.

Article 14. Exceptional measures for the purpose of security of services.

1. In exceptional cases, and only for reasons of security of the services, the competent authorities may adopt, for specific providers, measures restricting the freedom to provide services by means of a resolution sufficiently motivated.

2. Such exceptional measures may be taken only where the following conditions are met:

(a) that the rule under which the measure is adopted has not been the subject of Community harmonisation in the field of security of services.

(b) The measure shall provide the recipient of the service with greater protection than that adopted by the Member State of establishment, or which has not been adopted by any Member State or is insufficient.

c) That the measure is provided.

Article 15. Procedure for the adoption of exceptional measures for the purposes of the security of services.

1. Before taking any of the measures provided for in the preceding Article, the competent authorities shall request the authorities of the Member State of establishment, through the point of contact referred to in Article 27.2 of this Law, to adopt measures in respect of the provider concerned and shall provide all relevant data on the service in question and on the circumstances of the case.

2. Once the authorities of the Member State of establishment have communicated the measures to be taken, have adopted or for which reasons they have not taken any action, the competent authorities shall, where appropriate, notify them by the point of contact, the European Commission and the authorities of the Member State of establishment intend to take action indicating:

(a) The reasons why it considers that the measures taken or envisaged by the Member State of establishment are insufficient.

(b) The grounds on which it considers that the measures it provides for adopting the conditions laid down in Article 14 of this Law.

3. The measures may be taken only after 15 working days from the notification provided for in the preceding paragraph.

4. Where, for reasons of urgency, the procedure laid down in the preceding paragraphs cannot be applied, the competent authorities shall immediately notify the European Commission of the measures taken by the contact point. the Member State of establishment, indicating the reasons for the urgency.

5. Requests for restrictive measures for safety reasons required by other Member States to competent Spanish authorities shall be made through the point of contact.

Article 16. Prohibited restrictions and discrimination.

1. Requirements for the use of services offered by a provider established in another Member State may not be imposed on the addressees of the services.

2. In particular, they may not be imposed on the addressee of the services which involve:

(a) The obligation to obtain an authorisation or to make a statement to the Spanish authorities.

b) discriminatory restrictions on the possibility of granting aid or economic advantages on the basis of the place of establishment of the provider or place of performance of the service.

3. Service providers may not impose on the addressees general conditions of access to services which are discriminatory on the grounds of their nationality or place of residence, without prejudice to the possibility of establish differences in the conditions of access directly justified by objective criteria.

CHAPTER IV

Administrative Simplification

Article 17. Simplification of procedures.

1. Public administrations shall review the procedures and procedures applicable to the establishment and provision of services in order to promote their simplification.

2. In addition, for the purposes of proving compliance with the requirements for access to and pursuit of a service activity, the competent authorities shall accept the documents from another Member State from which they are released. that such requirements are met.

3. In the case of documents issued by a competent authority either in Spain or in another Member State, the submission of original documents or certified copies or sworn translations shall not be required, except in the cases provided for in the legislation. or justified on grounds of public policy and public security. However, the competent authority may request confirmation of the authenticity of the document provided from another competent authority.

4. All procedures and formalities which make access to a service activity and the exercise thereof subject to an electronic and remote exercise may be carried out electronically and at a distance, except in the case of the inspection of the place or equipment used in the provision of the service. service.

Article 18. One-stop shop.

1. Service providers will be able to access, electronically and at a distance through a single window, both information on the procedures necessary for access to and exercise of a service activity, and the implementation of the formalities required to do so, including the declarations, notifications or requests required to obtain an authorisation, as well as applications for registration in registers, official lists, associations, professional associations and General and regional councils of professional associations.

2. Public administrations will ensure that service providers can, through the one-stop shop:

a) Get all the information and forms necessary for access to your activity and exercise.

b) Submit all necessary documentation and requests.

(c) Know the state of proceedings of the procedures in which they have the status of the person concerned and receive the corresponding notification of the acts of application and the decision of the same by the administrative body competent.

3. The Public Administrations will also take the necessary measures and incorporate in their respective areas the necessary technologies to ensure the interoperability of the different systems.

Article 19. Information guarantees through the one-stop shop.

1. Providers and recipients have the right to obtain, through the one-stop shop and by electronic means, the following information, which must be clear and unambiguous:

(a) The requirements applicable to providers established in Spanish territory, in particular those relating to the formalities necessary to access services and their exercise, as well as the data of the authorities competent to make contact with them directly.

(b) The means and conditions of access to public records and databases relating to providers and services.

(c) The means of complaint and the remedies which may be brought in the event of a dispute between the competent authorities and the provider or the recipient, or between a provider and a recipient, or between providers.

(d) Data from the sectoral associations of service providers and consumer organisations providing assistance to service providers and recipients of services.

2. The Public Administrations shall take measures to ensure that the information referred to in this article in Spanish, in the co-official languages of the State and in some other Community working language, can be accessed in the one-stop shop.

3. It shall also be provided that providers and recipients can obtain by electronic means and at a distance, in particular through the points of single contact from other Member States, access to:

(a) General information on the requirements applicable in other Member States to access to and exercise of services activities, and in particular information related to the protection of consumers.

(b) General information on the remedies available in the event of a dispute between the provider and the recipient in other Member States.

(c) Data from associations or organisations in other Member States, including the centres of the European Consumer Centres Network, which may provide providers or recipients with practical assistance.

4. The right to information contained in this article does not require the competent authorities to provide legal advice in particular cases.

CHAPTER V

Quality policy for services

Article 20. Promotion of the quality of services.

Public Administrations and other competent authorities will foster a high level of service quality. In particular:

(a) Ensure that providers voluntarily ensure the quality of their services through, inter alia, the following instruments:

i) The assessment or certification of their activities by independent bodies.

ii) The development of their own quality charter or participation in quality letters or labels drawn up by business or professional organisations at the Community level.

They will also promote the dissemination of information regarding these instruments.

b) They will encourage the development of independent assessment of the quality of services, especially by consumer organisations and will promote cooperation at Community level in the field of services. consumers with chambers of commerce, professional associations and, where appropriate, the general and regional councils of professional associations.

(c) Promote the participation of professional bodies and, where appropriate, the general and regional councils of schools, professional organisations and chambers of commerce in the development of a Community code of conduct intended to facilitate the freedom to provide services or the establishment of a provider of another Member State, while respecting the rules of defence of competition.

d) Impressing administrative inspections and periodic controls, as well as the design and reinforcement of inspection plans.

Article 21. Insurance and guarantees of professional liability.

1. Service providers may be required, in accordance with the rule of law, to subscribe to professional civil liability insurance or other equivalent guarantee covering the damage they may cause in the provision of the service in those services. cases in which the services they provide present a direct and concrete risk to the health or safety of the recipient or a third party, or to the financial security of the recipient.

The required security shall be proportionate to the nature and extent of the risk covered.

2. Where a provider established in Spain is already covered by a professional liability insurance or other equivalent or comparable guarantee on the basis of its purpose and the coverage it offers in terms of risk insured, insured sum or guarantee limit in another Member State in which it is already established, the requirement referred to in the preceding paragraph shall be deemed to be fulfilled. If the equivalence with the requirements is only partial, the extension of the insurance or other guarantee may be required until the conditions that have been established in the standard that regulate it are completed.

3. In the case of insurance or other guarantees entered into with insurance institutions and credit institutions authorised in another Member State, certificates issued by them shall be accepted for accreditation purposes.

Article 22. Obligations of information of providers.

1. Without prejudice to the reporting obligations laid down in the consumer and user protection legislation which is applicable, service providers shall, in due time, make available to the addressees all the information required in this Article in a clear and unequivocal manner, prior to the conclusion of the contract, or where appropriate, prior to the provision of the service.

2. Providers shall provide the addressee, in an easily accessible form, with the following information:

(a) The identity, form and legal status, the tax identification number of the provider, the address where the provider is established, and the data that will enable him to quickly contact him and, where appropriate, by way of electronic.

b) Register data of the service provider.

c) The authority data that has been granted by the authority.

(d) In the regulated professions, the professional qualification and the Member State in which it was awarded, as well as, where appropriate, the professional college, the professional association or similar body in which the provider.

e) General terms and conditions, and those relating to the law and jurisdiction applicable to the contract.

f) Additional after-sales guarantees to those required by law, if any.

g) The full price of the service, including taxes, when the provider prefixes a price for a particular type of service.

h) The main features of the service or services that you offer.

(i) Where applicable, the insurance or guarantees required, and in particular, the data of the insurer and the geographical coverage of the insurance.

(j) In the event that the provider exercises an activity subject to VAT, the tax identification number.

(k) Language or languages in which the contract may be concluded, where this is not the language in which the information prior to the contract has been offered.

(l) Existence of the right of withdrawal of the contract which may correspond to the consumer, the period and the manner of exercising it.

3. At the request of the addressee, the providers shall make available the following additional information:

(a) When the price is not previously fixed by the provider, the price of the service or, if that cannot be indicated, the method for calculating it; or a sufficiently detailed budget.

b) Delivery date, contract execution, and duration.

(c) In the case of regulated professions: reference to the rules of access to the profession in the Member State of establishment and the means to access those rules.

d) Information on their multidisciplinary activities, potential conflicts of interest and the measures taken to prevent them. This information shall be included in any information report of the providers in which their services are presented in detail.

e) Possible codes of conduct to which the provider is subject, as well as the direction in which such codes can be consulted by electronic means and in which languages are available.

(f) Detailed information on the characteristics and conditions for making use of out-of-court conflict resolution means where they are subject to a code of conduct or are members of a professional organisation in which these mechanisms are foreseen.

4. All the information referred to in the preceding paragraphs shall be made available to the recipient by the provider in any of the following ways:

a) At the place of service delivery or contract celebration.

b) By electronic means through an address provided by the provider.

(c) Figuring that information in any information document of the provider that is provided to the recipient and in which his services are presented in detail.

d) By electronic means through a web page.

Article 23. Obligations of providers in respect of complaints.

1. Without prejudice to the provisions of Article 21 of the Royal Legislative Decree 1/2007 of 16 November, approving the recast of the General Law for the Defense of Consumers and Users and other complementary laws, the providers shall make available to the addressees a telephone number, a postal address, fax number or e-mail address, in order to enable them to address their complaints or requests for information about the service provided and shall communicate their legal address if it does not coincide with their usual address for correspondence.

2. They shall also provide a response to the complaints referred to in the previous paragraph as soon as possible and in any event within one month of their receipt by the provider.

3. The response will be in the same language as the contract was performed.

Article 24. Commercial communications of regulated professions.

1. The freedom of commercial communications in regulated professions is guaranteed.

2. Total bans on commercial communications in the regulated professions may not be established. Any limitations which may be imposed may not be discriminatory, they shall always be justified by an overriding reason of general interest and shall be proportionate.

Article 25. Multidisciplinary activities.

1. Service providers may not be required to carry out a single activity in an exclusive manner, either through the imposition of requirements which require the exclusive exercise of a specific activity, either by means of the imposition of requirements restricting the joint exercise or in association with different activities.

2. However, in order to ensure their independence and impartiality, as well as to prevent conflicts of interest, the requirements referred to in the previous paragraph may be subject to the law:

(a) The regulated professions, to the extent necessary to ensure compliance with different and incompatible deontological requirements due to the specific character of each profession, provided that they are justify in accordance with the principles set out in Article 5 of this Law.

(b) Providers who perform certification, accreditation, technical control, testing or testing services.

Article 26. Cessation actions.

In the face of conduct that infringes the provisions of this Law that are liable to harm the collective or diffuse interests of consumers and users, the cessation action provided for in Article 53 of the text may be exercised. Recast of the General Law for the Defense of Consumers and Users and other complementary laws, with the subjects provided for in Article 54.1 of the Law being legitimized for their exercise.

CHAPTER VI

Administrative cooperation for effective control of providers

Article 27. General cooperation obligations.

1. In order to ensure the supervision of providers and their services, the public authorities, within the scope of their respective powers, shall cooperate for the purposes of information, control, inspection and investigation, with each other. competent authorities of the other Member States and with the European Commission.

2. Relations with other Member States and with the European Commission provided for in this Law will be organised through the designation of different contact points in the General Administration of the State and the Autonomous Communities.

However, a coordination point of contact will be created in the General Administration of the State to which all communications of any administration with the European Commission and other Member States will be transmitted, coordinate all actions in the framework of the transposition and implementation of the Directive.

3. The competent authorities of Spain and those of any Member State may, under the same conditions, consult the registers in which the service providers are registered, while respecting the rules on the protection of personal data.

4. Requests for information and for carrying out checks, inspections and investigations carried out by the competent Spanish authorities in relation to providers established in the territory of another Member State or their services shall be duly substantiated. The information obtained will be used only for the purpose for which it was requested.

5. In the event that requests made by the competent authorities of other Member States cannot be immediately addressed, the competent authorities of Spain shall inform the applicant authorities of the requests by the competent authorities of the Member States. contact.

6. In cases where the competent authorities of another Member State do not comply with the duty of cooperation, the competent Spanish authorities, through the contact point, shall inform the European Commission thereof.

Article 28. Obligations of information of providers.

Without prejudice to the obligation of providers to meet the information requirements formulated by the competent authorities, they must inform, through the appropriate one-stop shop, of any changes affecting them. conditions that determined the granting of the authorization.

This information will be communicated in the language or languages provided in the one-stop shop.

Article 29. Supervision of providers established in Spanish territory.

1. The competent Spanish authorities shall provide the information requested by the competent authorities of another Member State on the providers established in Spain.

2. The competent Spanish authorities shall carry out checks, inspections and investigations on providers established in their territory on a reasoned request from the competent authorities of another Member State and shall inform the results and, where appropriate, the measures taken.

3. The Spanish competent authorities shall ensure compliance with the requirements imposed on the provider established on Spanish territory, even if the service concerned is provided or is liable to prejudice in another Member State.

4. Where the competent authorities of another Member State request the competent authorities of Spain to take exceptional measures in individual cases for safety reasons, as referred to in Article 14 of this Law, to a provider established in Spanish territory, the latter shall verify as soon as possible whether the provider exercises its activities in a legal manner, as well as the facts which gave rise to the request. The competent authorities shall immediately communicate, through their point of contact, the measures they have taken or envisaged or, where appropriate, the reasons for which they have not taken any action.

Article 30. Supervision of providers established in another Member State.

1. The competent Spanish authorities shall be responsible for the supervision of the activity of providers established in other Member States which provide services on Spanish territory in relation to the requirements for the freedom to provide services. services which may be imposed in accordance with Article 12.3 of this Law and in particular:

(a) Take all necessary measures to ensure that the provider respects those requirements.

b) They will proceed to carry out the checks, inspections and investigations necessary to monitor the service provided.

2. In relation to the requirements other than those referred to in the preceding paragraph, in the event of temporary posting by a provider established in another Member State to provide a service, the competent Spanish authorities shall, a reasoned request from the authorities of the Member State of establishment, to the checks, inspections and investigations which are necessary to ensure the effectiveness of the supervision of those authorities and to consider more appropriate end.

3. In any event, the competent Spanish authorities may, on their own initiative, carry out on-the-spot checks, inspections and investigations, provided that they are proportionate, non-discriminatory and are not motivated by the fact that the provider has its establishment in another Member State.

Article 31. Alert mechanism.

If the competent authorities are aware of specific acts or circumstances of a serious nature relating to an activity or a service provider liable to cause serious harm to the health or safety of the the persons or the environment in any part of the territory of the European Union, shall immediately inform the Member States and the European Commission through the point of contact.

Article 32. Information on the repute of the provider.

1. A reasoned request from the competent authorities of another Member State shall be communicated, in compliance with the laws in force, to the disciplinary measures and firm administrative penalties which have been adopted by any Spanish competent authority, including professional associations, in respect of the provider and who are directly related to their commercial or professional activity, either because they have consented to the administrative procedure or because they have reached firm jurisdiction over the legal jurisdiction administrative. Criminal convictions and guilty pleas which have been given to the provider and which are directly related to their business or professional activity shall also be communicated, specifying whether or not they are firm and, where appropriate, the (a) the time limit for the decision of the Member State concerned. Such communication shall specify the national provisions under which the provider has been convicted or punished.

The application of the above must be done in compliance with the rules on the protection of personal data and the rights guaranteed to persons convicted or sanctioned according to the Spanish legal order, even by schools professionals.

2. The Spanish competent authority shall inform the provider that such information has been provided to a competent authority of another Member State.

Additional disposition first. Electronic exchange of information.

Public Administrations shall have an electronic system for the exchange of information between them and with those of the other Member States to ensure compliance with the obligations laid down in this Law.

Additional provision second. Inclusion of other procedures in the one-stop shop.

The one-stop shop may incorporate paperwork not included in the scope of this Law, including those made before the State Tax Administration Agency and the General Treasury of Social Security, and those others deemed necessary.

Additional provision third. Committee for the improvement of the regulation of service activities.

To facilitate the participation of public administrations in the process of transposition into national law of Directive 2006 /123/EC of the European Parliament and of the Council of 12 December 2006 on the A committee of the Committee of the European Communities is set up to provide services in the internal market and within the framework of the provisions of Article 5 (1) and (7) of Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure. multilateral cooperation, of which the General Administration of the State, the Communities shall form part and Autonomous Cities and representatives of the Local Administration. The aim of this Committee will be to facilitate cooperation in improving the regulation of service activities and, in particular, the monitoring and coordination of the actions to be carried out in the various administrations for the correct transposition of the directive.

Additional provision fourth. Notification to the European Commission.

The competent administrative body shall communicate to the Ministry of Foreign Affairs and Cooperation, before its approval and in the terms and by means of regulations, any draft of a legal standard or Regulation providing for the requirements of Article 11 (1) of this Law, incorporating a supporting document on the basis of its compatibility with the criteria of Article 11 (2), or the requirements of Article 12 (2), incorporating a The reasons for its compatibility with the criteria laid down in Article 12 (3) are justified. subsequent notification to the European Commission.

Additional provision fifth. Regime of infringements and penalties.

In the event of non-compliance with the information and complaints obligations of service providers set out in this Law, where the recipients of the information are consumers and users, the the regime of infringements and penalties provided for in Title IV of Book I of the recast of the General Law for the Defence of Consumers and Users and other supplementary laws.

Additional provision sixth. General Indirect Tax and Tax on Production, Services and Import in the Cities of Ceuta and Melilla.

The references to the Value Added Tax should be understood as, where appropriate, the Indirect General Tax or the Production Tax, the Services and the Import of the Cities of Ceuta and Melilla.

Transitional disposition. Transitional arrangements.

1. The authorization procedures initiated prior to the entry into force of this Law will be processed and resolved by the regulations in force at the time of the filing of the application. If the processing and resolution is produced from 28 December 2009 and the implementing rules include requirements prohibited under Article 10 of this Law, they shall not be taken into account by the competent body. However, the person concerned may, prior to the decision, withdraw his application and opt for the application of the new rules.

2. As long as the regulatory development referred to in the fourth Additional Disposition, referred to in the notifications to the European Commission, is not approved, they shall be carried out through the Secretariat of State for the European Union.

3. Any review or evaluation of regulatory regulatory rules for the authorisation procedure may not constitute an element for the non-granting of the authorisations requested.

Repeal provision.

1. All provisions of equal or lower rank are repealed as set out in this Act.

2. However, the provisions in force for the entry into force of this Law which are incompatible with Chapters II, III, Article 17 (1) of Chapter IV and Articles 24 and 25 of Chapter V shall remain in force until they are the subject of express reform and, in any case, will be repealed on 27 December 2009.

Final disposition first. Competence title.

This Law, which has a basic character, is dictated by the provisions of Article 149.1.1., 13. and 18. of the Spanish Constitution.

Final disposition second. Incorporation of Community law.

By this Law, Directive 2006 /123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market is partially incorporated into Spanish law.

Final disposition third. Regulatory enablement and compliance.

1. It is for the competent public authorities, in their respective territorial scope, to approve the rules for the development and implementation of this Law.

2. The Government is authorised to provide, within the scope of its powers, the necessary regulatory provisions for the development and implementation of this Law. In particular, the Government will develop the provisions of the fourth Additional Provision, which refers to notifications to the European Commission.

Final disposition fourth. Compensation of debts in the event of liability for non-compliance.

The public authorities which, in the exercise of their powers, failed to comply with the provisions of this Law or of the Community law concerned, giving rise to the fact that the Kingdom of Spain is sanctioned by the European institutions assume, in the party that is attributable to them, the liabilities that have been derived from such non-compliance. The State Administration may compensate for the debt incurred by the responsible administration with the State Public Finance with the amounts to be transferred to that State, in accordance with the procedure laid down in Law 50/1998 of 30 June 1998. December, of Fiscal, Administrative and Social Order Measures. In any event, in the procedure for imputation of liability that will be processed, the hearing of the Administration concerned will be guaranteed.

Final disposition fifth. Adaptation of the current rules.

1. Within one month of the entry into force of this Law, the Government will submit to the General Courts a draft law in which, within the framework of its powers, the provisions in force with legal status will be adapted to the provided in this Law.

2. In order to enable compliance with the obligation laid down in Article 44 of Directive 2006 /123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market, the Community and the European Union, Autonomous and Local Entities shall communicate to the General Administration of the State, before 26 December 2009, the laws and regulations of their jurisdiction which they have amended to adapt their content to the provisions of the Directive and this Law.

3. The obligation laid down in the preceding paragraph shall also apply to professional bodies and to any public authority, in respect of the provisions of their jurisdiction, which are affected by this Act.

Final disposition sixth. Entry into force.

This Law shall enter into force within thirty days of the day following that of its publication in the "Official Gazette of the State", except as provided for in Articles 17.2, 17.3, 17.4, 18 and 19 of Chapter IV and in the Chapter VI to enter into force on 27 December 2009.

Therefore,

I command all Spaniards, individuals and authorities, to keep and keep this law.

Madrid, 23 November 2009.

JOHN CARLOS R.

The President of the Government,

JOSE LUIS RODRIGUEZ ZAPATERO