Checks on Request

Checks on Request in Europe

The obligation to carry out checks on request in relation to the E.U. Services Directive

The following is an examination of the obligation to carry out checks on request regarding the European Union Servicies Directive [1]:

The obligation to carry out checks on request: Exchange of information

In some cases, requests for information will require carrying out checks, inspections or investigations. Such factual checks may be necessary in cases of cross-border service provision, for instance, if a Member State into which a service provider moves to provide a service without being established there, has doubts whether that service provider complies with the laws of his Member State of establishment.

Requests which require carrying out factual checks have to be limited to cases where this is necessary for supervision, must be clear and precise and give reasons for the request (Article 28(3)). It is up to the competent authority of the Member State that received such a request to decide on the appropriate means to carry out checks and inspections and to decide how to collect the requested information (Article 29(2) and Article 31(3)), for example, by carrying out an on-site inspection at the service providers' premises, by asking the provider or by any other means.

If a competent authority has difficulties in meeting a request from another Member State, for example because a service provider could not be identified or the relevant information could not be found, it must quickly inform the competent authority in the requesting Member State and try to find a mutually satisfactory solution (Article 28(5)). If necessary, the Commission should be informed in accordance with Article 28(8) and it may take appropriate steps.

Resources

Notes

  1. Information on the obligation to carry out checks on request based on the EU Services Directive Handbook, UK Government

See Also

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