Law (2009:1079) On Services In The Internal Market

Original Language Title: Lag (2009:1079) om tjänster på den inre marknaden

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2009:1079

Introductory provision



section 1 of this Act contains general provisions relating to

services of the European Parliament and of the Council

Directive 2006/123/EC of 12 december 2006 on services in the

the internal market and the aimed at implementing

the directive.



Special provisions intended to implement

the directive is also found in other statutes in the areas where

the current activities are regulated.



The competent authorities shall ensure that the principles

on the freedom of establishment, freedom to provide and receive

services, non-discrimination, necessity and

proportionality have an impact in Sweden.



Scope of application



section 2 of this Act apply in the case of services, however, are not



1. financial services,



2. electronic communications services and supply

of communications networks,



3. services in the field of transport,



4. services provided by temporary work agencies,



5. services which are reserved for regulated professions in health

healthcare and pharmaceutical services provided by

health professionals and carried out for

to assess, maintain or restore patients '

State of health,



6. audiovisual and audio radio broadcasts,



7. the provision of games of chance where wagering,



8. services connected with public authority,



9. social services relating to social housing, childcare and day care

and support to permanently or temporarily in need

and individuals, and provided by, or are carried out in

mandated by the State, a municipality or County, or by

charitable organizations recognized by the State, municipality, or

counties, and



10. private security services.



Act shall not apply in the field of taxation.



3 § Deviates a provision in a regulation from this

law, that provision shall prevail, unless it is rooted in the

European Union law. Law (2010:1022).



Definitions



paragraph 4 for the purposes of this law



"competent authority" means a Government or municipal authority or

another body whose task it is to examine questions relating to

access to and exercise of service activities or

check such activities,



establishment: a service provider's actual exercise of a

economic activity for an indefinite period and through a

stable infrastructure from where the business of the

providing services is actually carried out,



Member State of establishment "means the country of the European economic

area (EEA) in whose territory a

service provider is established;



regulated profession: profession which, by law or regulation requires an

specific professional qualification in order to get exercised, or provide the

who has a right to use a specific professional qualification

specific job title,



Service: performance for financial compensation and

which is not to be, capital or persons,



"service provider" means any natural person who is a national of a country

within the EEA or legal person established in a country

in the EEA, and which of his trade offers or

provides a service, and



"recipient" means any natural person who is a national of a country

within the EEA or through the EU law have the corresponding

rights or legal person established in a country

in the EEA, and that use or intend to use a service.

Law (2010:1022).



Points of single contact



§ 5 in order to facilitate the authorisation procedures for

service providers and provide information to

recipient shall one or more single points of contact

be established.



The Government or the authority that the Government may

provide for the connection of such competent

municipal authorities or other bodies to a

single point of contact, as well as on the exchange of information between a

competent authority and a single point of contact.



The Government or the authority, as the Government determines

announces the details of the contact points.



section 6, if a service provider has submitted an application or

notification to the competent authority by a common

point of contact, the authority of the continuation of the proceedings

on the subject of communicating with the service provider by

the point of contact.



The procedure for the issue of permits



paragraph 7 of the rules relating to the period within which the competent authority shall

make decisions in case of permission for establishment in Sweden

found in other statutes.



§ 8 the competent authority shall send an acknowledgement of receipt to the

the applicant when a complete application has been received.

The receipt form shall contain information on the



1. the time limit referred to in article 7 and, where applicable,

the result of a decision not be taken within this time limit,

and



2. access to justice of the decision.



section 9 Provisions on the obligation of a competent authority in

related to issues of State accept certificates or other

similar documents to establish that certain licensing requirements

met is in other statutes.



Cooperation between authorities



10 § Government Announces rules on which authority

will be coordinating authority in Sweden to

facilitate cooperation between competent authorities in the EEA in

matters relating to the supervision of service providers in Sweden.



section 11 On cooperation between competent authorities in the EEA and

the coordinating authority shall use an electronic

the internal market information system.



section 12 of a competent authority of Sweden shall, at the request of a

competent authority in another country within the EEA submit necessary

assistance to the foreign authority.



If there is no competent authority in Sweden,

assistance is provided by the coordinating authority.



section 13 if it is not possible to respond to a request for

assistance or if an authority in another country within the EEA do not

leave the requested assistance, the competent authority of Sweden

Please provide information on the competent authority in

the other country and to the European Commission.

Law (2010:1022).



section 14 of the competent authority of Sweden shall inform the competent

authorities in other countries within the EEA and the European

the Commission of service activity that could cause serious

damage to the health or safety of persons or to the environment.

Law (2010:1022).



section 15 of the Government or the authority, as the Government determines

may provide for the exchange of information between a

the competent authority of Sweden and another authority in the EEA

and if the disclosure of information from a competent authority

to a service provider.



The Government or the authority, as the Government determines

notifies the methods of cooperation between authorities

According to sections 10 to 14.



Registration of municipal regulations



15 a of a municipality that intends to provide as

contains requirements which affect the access to or the exercise

of, a service activity shall notify the draft

regulations to the Government.



The Government or the authority that the Government may

provide for such notification. Team (2013:879).



Information from service providers



16 § a service provider should always and on its own initiative

recipient of information that makes it possible to get in

contact with the vendor. Where appropriate, information

also be provided if



1. the registration number and name of the register or equivalent

identification data,



2. address assignment to the competent licensing authority or the

single point of contact,



3. VAT identification number,



4. standard terms and conditions,



5. contractual conditions on applicable law and jurisdiction,



6. warranty,



7. the price of the service when it is fixed in advance,



8. what service is mainly composed of,



9. insurance policy that applies to the service, and



10. the possibility of settling disputes outside court.



If a service provider exercises a regulated profession shall

information is also provided about the



1. professional titles and the country where this has been obtained, and, in

where appropriate, the



2. any professional body or similar where

the service provider is registered.



Information referred to in the first and second subparagraphs shall be readily

available to the recipient at the place of agreement or

execution, by electronic means or in the information documents

about the service. It should be given in a clear and unequivocal manner and in

good time before conclusion of the contract, or if the written agreement does not

see, before the service is performed.



section 17, a service provider shall submit the following supplemental

information about a recipient requests it:



1. the price of the service if it is not fixed in advance

or the calculation method used to determine the

price,



2. indication of the service provider's business and with whom

He has associated enterprises,



3. the codes of conduct to which the provider is following, and was

These are available electronically, and



4. the information that a service provider should follow a particular

Code of conduct or offer the opportunity to dispute resolution

outside the Court, and in such cases more information about what

This dispute resolution means.



If a service provider exercises a regulated profession shall

the information should also include a reference to the rules

apply to the exercise of the profession in the Member State of establishment and

where to get access to these rules.



Information referred to in the first and second paragraphs shall be given on a

clear and unambiguous manner, and in good time before conclusion of the contract,

or if the written agreement does not exist, before the service is performed.



section 18 if a service provider does not provide information in

accordance with §§ 16 and 17 to the Marketing Act (2008:486)


apply, with the exception of the provisions of sections 29 to 36 of

market interference charge. Such information shall be deemed to be

material in accordance with section 10, third paragraph Marketing Act.



Complaint handling



section 19 of a service provider to responding to complaints from a

recipients as soon as possible and promptly try to

find a satisfactory solution.



Discriminatory terms and conditions



20 § a service provider shall not be for the provision of

services set up the general criteria that discriminate

recipients on the basis of nationality or

place of residence, unless this can be justified on objective

grounds.