Supervisory Tasks

Supervisory Tasks in Europe

Division of supervisory tasks between Member States in relation to the E.U. Services Directive

The following is an examination of division of supervisory tasks between member states regarding the European Union Servicies Directive [1]:

Division of supervisory tasks between Member States: Mutual assistance in case of cross-border service provision

Articles 30 and 31 provide for a division of tasks between the different Member States involved. They reflect which Member State's requirements apply according to Articles 16 and 17. On the basis of Article 16, there will be cases in which the Member State where the service is provided is prevented from applying its own requirements to service providers from other Member States. In other cases, however, it can apply its requirements to service providers from other Member States (provided this is in compliance with Community law). Articles 30 and 31 reflect this and attribute the tasks of supervision between the Member State of establishment and the Member State where the service is provided accordingly. On the basis of these articles, each Member State is in principle responsible for the supervision and enforcement of its own requirements. The other Member State has to cooperate in the effective supervision.

Thus, in relation to those rules of the Member State where the service is provided which can – in accordance with Articles 16 and 17 and with Community law – be applied to service providers from other Member States, Article 31(1) states that it is the Member State where the service is provided which is responsible for supervising the activity of the provider and which can take measures, for instance, to check and enforce compliance with rules necessary for environmental protection.

On the other hand, in relation to cases in which the Member State where the service is provided is – on the basis of Articles 16 and 17 – prevented from applying its own requirements to service providers from other Member States, the Member State of establishment of the service provider has to ensure compliance with its own national requirements (Article 30(1)) and has, for instance, to ensure that the service provider has the required authorisations. As mentioned above, the Member State of establishment cannot refrain from taking supervisory measures, for example on the ground that the service is provided (and possible damage caused) in another Member State. The Member State where the service is provided, in its turn, is obliged to provide assistance, where necessary, but may also carry out factual checks on its own initiative under the conditions set out in Article 31(4).

Resources

Notes

  1. Information on division of supervisory tasks between member states based on the EU Services Directive Handbook, UK Government

See Also

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