European Union (Provision of Services) Regulations, 2010

• Jurisdiction: Ireland
• Citation: IR SI 533/2010
• Year: 2010

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 16th November, 2010.

ARRANGEMENT OF REGULATIONS

PART 1

Preliminary Provisions

1. Citation.

2. Interpretation.

3. Application of Regulations.

4. Relationship of Regulations with other enactments.

PART 2

Rights and Obligations of Providers and Recipients

CHAPTER 1

Providers

5. Reference to freedom to provide a service.

6. Freedom to provide a service.

7. Additional derogations from the freedom to provide a service.

8. Competent authority in the State may allow derogations on a case by case basis.

CHAPTER 2

Recipients

9. Recipients entitled to unimpeded access to services provided by providers established in other Member States.

10. Recipients not to be discriminated against on basis of nationality or place of residence.

11. Recipients’ entitlement to information about providers and service activities.

PART 3

Freedom of Establishment for Providers

CHAPTER 1

Special provisions applicable to authorisation schemes

12. Application of this Chapter.

13. When providers are subject to authorisation schemes.

14. General requirements for authorisation schemes.

15. Criteria and conditions for granting an authorisation.

16. Duration of authorisations.

17. Power of competent authority in the State to apply a selection procedure in certain cases.

18. Time limits for dealing with applications for authorisations.

19. Other requirements relating to applications for authorisations.

CHAPTER 2

Requirements prohibited or subject to evaluation

20. Prohibited requirements.

21. Requirements relating to gaining access to, and performing, a service activity.

PART 4

Quality of Services

22. Obligation of providers to give certain information about their services to recipients.

23. Obligations of providers in dealing with complaints and the settlement of disputes.

24. Obligations of certain providers to have professional liability insurance cover.

25. Commercial communications by members of regulated professions.

26. Multidisciplinary activities.

27. Use of labels and quality marks.

PART 5

Administrative Simplification

28. Obligation of competent authority in the State to accept certain equivalent certificates and other documents from other Member States.

29. Information to be provided to the Minister, point of single contact, providers and recipients.

30. Competent authority to provide certain information.

31. Power of Minister to designate person to undertake the responsibilities of a point of single contact in respect of a particular service activity.

32. Completion of certain procedures by electronic means.

PART 6

Co-operation with Other Member States

33. Mutual assistance — general obligations.

34. Minister to designate person as liaison officer.

35. Requests for information.

36. Entitlement to certain information in registers.

37. Responsibility to notify certain acts or circumstances that could cause serious damage to health or safety or the environment.

38. Information relating to disciplinary or other action taken in relation to providers.

39. Supervision by competent authority in the State when service is provided by provider established in another Member State.

40. Supervision by competent authority in the State where provider established in the State provides services in another Member State.

41. Mutual assistance in a case-by-case derogation.

42. Action to be taken if request received from another Member State under a provision corresponding to Regulation 41(2)(a).

43. Provision of information where provider established in the State.

PART 7

Enforcement of Regulations

44. Register of competent authorities in the State.

45. Appointment of authorised officers.

46. Authorised officers.

47. Regulations and competent authorities.

48. Court’s power to order compliance with Regulations.

PART 8

Miscellaneous Provisions

49. Responsibility of competent authorities in the State with respect to codes of conduct.

50. Protection of personal data.

S.I. No. 533 of 2010

EUROPEAN UNION (PROVISION OF SERVICES) REGULATIONS 2010

I, BATT O’KEEFFE T.D., Minister for Enterprise, Trade and Innovation, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972), and for the purpose of giving effect to Directive No. 2006/123/EC of the European Parliament and of the Council of 12 December 20061 on services in the internal market, hereby make the following regulations:

PART 1Preliminary Provisions

Citation

1. These Regulations may be cited as the European Union (Provision of Services) Regulations 2010.

Interpretation

2. (1) In these Regulations—

“authorised officer” means a person appointed to be an authorised officer under Regulation 45;

“certificate” includes an attestation;

“consumer” means a natural person who is acting for a purpose that is outside the scope of the person’s trade, business or profession;

“Credit Institutions Directive” means Directive 2006/48/EC of the European Parliament and of the Council of 14 June 20062 relating to the taking up and pursuit of the business of credit institutions;

“Data Protection Directive” means Directive 95/46/EC of the European Parliament and of the Council of 24 October 19953 on the protection of individuals with regard to the processing of personal data and on the free movement of such data;

“EEA Agreement” has the same meaning as it has in the European Communities (Amendment) Act 1993 (No. 25 of 1993);

“employee” means a person of any age who has entered into or works under (or, where the employment has ceased, entered into or worked under) a contract of employment and references, in relation to an employer, to an employee shall be construed as references to an employee employed or formerly employed, as the case requires, by that employer;

“enactment” has the same meaning as in section 2(1) of the Interpretation Act 2005 (No. 23 of 2005);

“European act” means an act adopted by an institution of the European Union, an institution of the European Communities or any other body competent under the treaties governing the European Union;

“European Commission” means the Commission of the European Union;

“investigation” includes inspection and check;

“liaison officer” means the person designated as liaison officer under Regulation 34;

“Member State” includes a state that is a contracting party to the EEA Agreement;

“Minister” means the Minister for Enterprise, Trade and Innovation;

“nationality” includes citizenship;

“organisation” includes an association and an association of organisations;

“point of single contact” means, subject to paragraph (2), a person designated under Regulation 31(1);

“Privacy Directive” means Directive 2002/58/EC of the European Parliament and of the Council of 12 July 20024 concerning the processing of personal data and the protection of privacy in the electronic communications sector;

“professional body”—

(a) in relation to a regulated profession, means a body or organisation required or authorised by or under a law of the State to supervise or regulate the conduct of persons engaged in the profession, and, if the body is not a body corporate, also means the persons elected or appointed to administer the affairs of the body, and

(b) includes a professional association, professional institute and any other professional organisation;

“Qualifications Directive” means Directive 2005/36/EC of the European Parliament and of the Council of 7 September 20055 on the recognition of professional qualifications;

“Services Directive” means Directive No. 2006/123/EC of the European Parliament and of the Council of 12 December 20066 on services in the internal market;

“TFEU” means the Treaty on the Functioning of the European Union;

“third country” means any country other than a Member State, and includes any dependent territory, and any state, province, region or other part, of such a country.

(2) A reference in these Regulations to a point of single contact includes, unless the context otherwise requires, the National Point of Single Contact operated within the Department of Enterprise, Trade and Innovation.

(3) A word or expression used in these Regulations that is also used in the Services Directive has, unless the contrary intention appears, the same meaning in these Regulations as it has in the Services Directive.

Application of Regulations

3. (1) Subject to paragraphs (2) and (3), these Regulations apply to services supplied by providers established in the State or established in any other Member State.

(2) These Regulations do not apply to the following services:

(a) non-economic services of general interest;

(b) financial services, such as banking, credit, insurance and re-insurance, occupational or personal pensions, securities, investment funds, payment and investment advice, including the services listed in Annex 1 to the Credit Institutions Directive;

(c) electronic communications services and networks, and associated facilities and services, to which any of the following applies:

(i) Directive 2002/19/EC of the European Parliament and of the Council of 7 March 20027 on access to, and interconnection of, electronic communications networks and associated facilities;

(ii) Directive 2002/20/EC of the European Parliament and of the Council of 7 March 20028 on the authorisation of electronic communications networks and services;

(iii) Directive 2002/21/EC of the European Parliament and of the Council of 7 March 20029 on a common regulatory framework for electronic communications networks and services;

(iv) Directive 2002/22/EC of the European Parliament and of the Council of 7 March 200210 on universal service and users’ rights relating to electronic communications networks and services;

(v) the Privacy...