Regulation (2009:1078) On Services In The Internal Market

Original Language Title: Förordning (2009:1078) om tjänster på den inre marknaden

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2009:1078

Introductory provisions



Article 1 this regulation lays down provisions on services which are the subject of a European Parliament and Council Directive 2006/123/EC of 12 december 2006 on services in the internal market (services directive). The regulation is complementary to the European Parliament and Council Regulation (EC) no 1024/2012 of 25 October 2012 on administrative cooperation through the internal market information system and repealing Commission decision 2008/49/EC (IMI).



The definitions used in the regulation have the same meaning as in the Act (2009:1079) on services in the internal market.



Provisions on the tacit granting, processing times and acceptance of certificates, etc. from other countries in the European economic area (EEA) are found in the regulations. Regulation (2013:1124).



Notification of requirement



section 2 of the a competent authority intends to take a decision relating to the requirements referred to in article 15(7) and article 39, second paragraph, of the services directive should sign the draft Board of trade and the reasons for those requirements. National Board shall notify the draft European Commission (Commission).

Regulation (2013:1124).



paragraph 3 of the Board of trade shall as soon as possible, inform the

Government offices and regional growth on notifications of requirements

referred to in paragraph 2. National Board shall also, as soon as

inform government offices, regional growth and

notifying authority of decisions that the Commission has announced

subject to such requirements as referred to in paragraph 2.



National Board shall notify the Government of any

decision as the Commission announced regarding notifications.



Single point of contact



section 4 By the single point of contact to the

provided electronic information to

providers and recipients, an electronic

mediation function, a service function, as well as information to

recipients in Sweden. The common focal point

electronic information should contain a link to

Commission's Web portal for single points of contact.



Board of trade, regional growth and the Swedish consumer Agency shall

provide different functions in the common

the point of contact. Those authorities shall cooperate with each other

to allow for the proper functioning of the single point of contact.



Electronic information



5 § the growth Board should provide electronic information

to service providers and service recipients in the

single point of contact. That information shall include



1. General information on the permit requirements and other

formal requirements for permits for access

and to exercise service activities in Sweden,



2. direct links to specific information with the competent

authorities,



3. contact details of the competent authorities,



4. information on how and on what terms you can get access

to data from public registers and databases relating to

service providers and services,



5. What are the means of redress which are generally

available in the event of a dispute,



6. contact details of associations and

organisations, other than the competent authorities where

the service provider or the recipient may obtain practical

help,



7. contact details of the service function, and details of

how additional information to the recipients is available at

Trade and consumer, and



8. other information which is of particular importance to

conduct service activities in Sweden.



The information shall as appropriate be available

also in English.



section 6, competent authorities shall provide to the regional growth

information needed for growth Board should be able to

fulfil its obligation under paragraph 5 of the first paragraph, 1 and 2.

The competent authority providing the information is responsible for the

that the information is accurate and up to date.



Competent authorities shall, on their Web sites, electronic

provide up-to-date and detailed information in the

applicable requirements, costs, and application procedure for a

permit, notification or registration.



The information shall as appropriate be available

also in English.



Electronic interchange function



7 § the growth Board should provide an electronic

mediation function at the single point of contact that makes

It is possible for



1. service providers to electronically submit documents

for advancement to competent authorities, and



2. the competent authorities in the further processing

communicating electronically with the service provider.



Growth work's position with the documents sent for

promotion through the electronic interchange function is

limited to only what is necessary to

forward the documents.



Each competent authority shall be connected to

mediation function.



Service function



section 8 of the National Board will provide a service function

at the single point of contact.



The service function will provide general information

relating to the services directive, and that the competent authorities do not

provide, in the context of its examination of a

the application. Service feature to assist service providers and

recipients with information on how the requirements under

the services directive is interpreted or applied.



Information to recipients



section 9 of the Swedish consumer Agency and National Board shall provide

the following information to the recipient in Sweden:



1. General information on the requirements, in particular

consumer protection requirements, which are set in other countries within the EEA, when

it applies to access to and exercise of service activities

There,



2. General information on access to justice

of a dispute between a provider and a

service recipients, and



3. the contact details of associations or organisations

which providers or recipients can obtain

practical help.



Consumer Agency shall provide such information as

referred to in the first subparagraph if the demand of consumers and

National Board shall provide information on the

demanded by traders.



Consumer Agency and National Board shall assist the corresponding

bodies of other countries within the EEA, with such information as

requested by the recipient.



The internal market information system



section 10 a competent authority shall upon registration in the internal market information system (IMI) appoint two or more natural persons as users of IMI as follows:



– at least one user who is Administrator with permissions to send and reply to requests, and



– a user who is a local data administrator with responsibility for the local data management at the authority.

Regulation (2013:1124).



Exchange of information between authorities



section 11 of the National Board's coordinating authority for Government cooperation under the services directive in Sweden. The coordinating authority shall reply to questions when a Swedish competent authority is missing, assist competent authorities from another country within the EEA to find the right authority in Sweden and shall inform the Commission of cases where other countries within the EEA do not fulfil their obligations of mutual assistance. Regulation (2013:1124).



section 12 of a competent authority of Sweden may request information by

a competent authority in another country within the EEA where a

service provider is established when it can facilitate

the handling of a case. The request may also apply

carrying out checks, inspections and investigations

with regard to the service provider or his activities in the

the country.



section 13 upon request by a competent authority in another country in the

The EEA to a competent authority, if necessary, obtain the relevant

information from other authorities in Sweden and contact

the service provider.



A competent authority shall forward the request to the

the proper authority or to the coordinating authority, if the

is not the proper authority to provide requested assistance.



A competent authority shall, as soon as possible transmit the

information requested to the relevant competent authority in

The EEA.



section 14 if a competent authority in another country within the EEA requests

it, a competent authority providing the information about disciplinary

or administrative actions or criminal sanctions

taken against a provider.



Data referred to in the first subparagraph shall be submitted only

If



1. the information is relevant to the service provider's

competence or professional reliability, and



2. the disclosure is in accordance with a special regulation

referred to in Chapter 8. 3 § 1 publicity and secrecy

(2009:400) or consistent with Chapter 8. 3 paragraph 2 of the same law.



Information about such sanctions and measures shall be

be notified if a final decision has been taken on the matter

or if there is a final judgment.



Data from such a register maintained pursuant to the law

(1998:620) on the register may only be disclosed to the

foreign authority in accordance with the law on

load the registry and Regulation (1999:1134) if

load records. Even otherwise, information is provided

out in accordance with the provisions of the law or regulation.

The competent authority shall specify under which national

rules service provider been found guilty or

been punished.



The authority to disclose information, at the same time

inform the service provider thereof.



Notification of warning



section 15 of the Swedish consumer Agency is coordinating authority for alerts (alert Coordinator) pursuant to paragraphs 10 and 14 teams (2009:1079) if


services in the internal market.



The Consumer Agency will use IMI and outlining an electronic mailbox linked to IMI. Regulation (2013:1124).



section 16 of a competent authority becomes aware of an

a service activity that could cause serious damage to

the health or safety of persons or to the environment must, as soon as

as possible to send a warning to alert the Coordinator.



section 17 Warning Coordinator shall review the warning and, if necessary,

consult with the competent authority which has initiated

the warning.



Warning Coordinator shall communicate as soon as possible

warning to all countries within the EEA and the Commission when

the activities carried out by a service provider established

in Sweden. If the service provider is not established in Sweden

should the service provider's country of location, the countries concerned within the

The EEA and the Commission shall be informed as soon as possible.



section 18 Warning Coordinator shall as soon as possible

forward alerts from other countries within the EEA, the

competent authorities in Sweden.



section 19 of a competent authority should, in cases where the service provider

is established in Sweden, suggest that the warning be terminated so

soon the risk of serious harm to human health or the

safety or to the environment no longer exists.



In cases where the service provider is established in another country

within the EEA than Sweden and if Sweden has initiated the warning,

the competent authority may propose that warning ends

When there is no more risk of serious harm to

the health or safety of persons or to the environment.



section 20 of the Warnings, additional information, questions, recalls, warnings, correction of information and proposals to end a warning or objection to the proposal to end an alert should be sent through IMI.

Regulation (2013:1124).



Enforcement regulations



paragraph 21 of the Board of trade may provide for information exchange in IMI. Regulation (2013:1124).



section 22 of the growth Board may provide for the

electronic information to be provided

providers and recipients, as well as on the

electronic intermediation function.