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Law (2016:1231) On Mutual Assistance With Enforcement Of Certain Penalties And Fines At The Time Of Posting

Original Language Title: Lag (2016:1231) om ömsesidigt bistånd med indrivning av vissa sanktionsavgifter vid utstationering

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Scope of application



section 1 of this Act shall apply in the case of mutual assistance with enforcement of administrative fines, including fees, surcharges and penalties, as 1. determined by the competent authorities or confirmed by the administrative or judicial body, or follows of rash from the labour courts, and 2. refers to the non-compliance of a) European Parliament and Council Directive 96/71/EC of 16 december 1996 concerning the posting of workers in the framework of the provision of services in the original wording, or



b) European Parliament and Council Directive 67/EU of 15 may on the application of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Regulation (EC) no 1024/2012 on administrative cooperation through the internal market information system (IMI), in the original wording.



Competent authority



section 2 of the bailiff is the competent authority for assistance under this Act.



Assistance at the request of a competent authority in another country, mutual assistance and recognition



paragraph 3 of the enforcement authority shall, subject to section 4 or 5, at the request of a competent authority in another country within the European economic area



1. provide information likely to be relevant to the other authority at the service of documents relating to administrative fines or recovery of such fees, and



2. without any further formality being required



a) notify a decision concerning such fines or other documents which are relevant with respect to the recovery, including a judgment or a final decision which may be the basis for enforcement, and



b) recover administrative fines that competent authorities have decided in accordance with the laws and procedures in the applicant country or administrative or judicial bodies or courts have confirmed and that can run into the other country and can no longer be appealed.



The service at the request of another country is carried out according to the procedural law (2010:1932).



Provisions for recovery in Sweden are found in the Act (1993:891) for the recovery of State assets, etc. and Act (1985:146) concerning the deduction when a refund of the taxes and fees. Enforcement under the enforcement code may take place under the act as permitting its enforcement in the other country.



Grounds for refusal



section 4 of the enforcement authority may reject a request for notification or recovery if the request does not contain the necessary identification data, information on the offence and the fine, etc. or otherwise incomplete, or if it clearly does not correspond to the underlying decision.



The Swedish Enforcement Administration may also reject the request for recovery, if



1. it is clear from the Office's investigation that the costs or resources are estimated to be required for the enforcement of the penalty fees are disproportionate to the amount to be collected or the recovery would give rise to considerable difficulties,



2. the total amount of penalty charges is less than 350 euros, or



3. the individual's fundamental rights and freedoms have not been respected or whether the recovery would be contrary to the General account.



Suspension of proceedings



§ 5 If the administrative penalties and charges or the underlying claim for service-or the recovery procedure is challenged or appealed in the other country of the service provider or an interested party, the enforcement authority may postpone the procedure pending the decision of a competent instance of that other Member State.



Exchange rate and amount collected



section 6 of the enforcement authority shall, as soon as a request referred to in paragraph 3 of the first subparagraph 2 (b) has been received, recalculate the fine to Swedish Crowns using the exchange rate published in the official journal of the European Union on the day on which the fine was decided.



Amounts that have been pushed into this in a case under this Act to the State.



Request for assistance from another country to section 7 of the enforcement authority may, by a competent authority in another country within the European economic area, request information which may be relevant for service of documents relating to administrative fines or recovery of such fees. The Swedish Enforcement Administration may also request such authority 1. notification of a decision imposing such a penalty or other documents that are relevant for the recovery, if the enforcement authority is not itself can serve the document, and



2. assistance with the recovery of an administrative penalty, where the fee has a force of law and enforcement authority are not comfortable with judgment.



The Swedish Enforcement Administration may not request assistance for the notification of a decision of an administrative fine as long as the fine, the underlying claim or the document which is the basis for enforcement is subject to challenge or appeal.



Notification of a decision on administrative fines that have taken place in another country in accordance with its laws, regulations and administrative practices, shall be deemed to have the same effect as if service had taken place here.



The prohibition of paragraph 8 of Decision appeal under this law may not be appealed.



Additional regulations



§ 9 the Government or the authority that the Government can, with the support of Chapter 8. section 7 of the Constitution notify additional regulations concerning the provision of assistance under this Act.



Transitional provisions



2016:1231



1. this law shall enter into force on the 1 January 2017.



2. In relation to a country within the European economic area which is not a Member State of the European Union apply the law from the time when the country joins the cooperation referred to in chapter VI and article 6 and 7 of the European Parliament and of the Council Directive 67/EU.