Notifications of Requirements

Notifications of Requirements in Europe

Notifications of new requirements of the type listed in Article 15(2). in relation to the E.U. Services Directive

The following is an examination of notifications of new requirements of the type listed in article 15(2). regarding the European Union Servicies Directive [1]:

Notifications of new requirements of the type listed in Article 15(2).: the procedure provided for under Article 39(1) to (4)

Article 15(6) requires Member States as from the entry into force of the Directive (28 December 2006) not to introduce new requirements of the kind covered by Article 15(2) unless these requirements are non-discriminatory, justified by an overriding reason relating to the public interest and proportionate. To enhance regulatory transparency and legal certainty for service providers, such requirements have to be notified to the Commission. If there is any doubt about their conformity it would seem advisable for Member States to notify such requirements before their formal adoption. Notification, in any event, does not prevent Member States from adopting the provisions in question. Furthermore, as clarified in Article 15(7), a requirement which is notified in accordance with Directive 98/34/EC171does not need to be additionally notified under the Services Directive. Once

a new requirement has been notified, the Commission will inform the other Member States and will examine the compatibility of any such new requirement within three months after the notification. The Commission shall, where appropriate, adopt a decision requesting the Member State in question to refrain from adopting or to abolish the requirement.

Resources

Notes

  1. Information on notifications of new requirements of the type listed in article 15(2). based on the EU Services Directive Handbook, UK Government

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