Directive 2006/123/EC of the European Parliament and of the CouncilShow full title

Article 17 U.K. Additional derogations from the freedom to provide services

Article 16 shall not apply to:

1)

services of general economic interest which are provided in another Member State, inter alia:

(a)

in the postal sector, services covered by Directive 97/67/EC of the European Parliament and of the Council of 15 December 1997 on common rules for the development of the internal market of Community postal services and the improvement of quality of service(1);

(b)

in the electricity sector, services covered by Directive 2003/54/EC(2) of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in electricity;

(c)

in the gas sector, services covered by Directive 2003/55/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in natural gas(3);

(d)

water distribution and supply services and waste water services;

(e)

treatment of waste;

2)

matters covered by Directive 96/71/EC;

3)

matters covered by Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data(4);

4)

matters covered by Council Directive 77/249/EEC of 22 March 1977to facilitate the effective exercise by lawyers of freedom to provide services(5);

5)

the activity of judicial recovery of debts;

6)

matters covered by Title II of Directive 2005/36/EC, as well as requirements in the Member State where the service is provided which reserve an activity to a particular profession;

7)

matters covered by Regulation (EEC) No 1408/71;

8)

as regards administrative formalities concerning the free movement of persons and their residence, matters covered by the provisions of Directive 2004/38/EC that lay down administrative formalities of the competent authorities of the Member Statewhere the service is provided with which beneficiaries must comply;

9)

as regards third country nationals who move to another Member State in the context of the provision of a service, the possibility for Member States to require visa or residence permits for third country nationals who are not covered by the mutual recognition regime provided for in Article 21 of the Convention implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of checks at the common borders(6) or the possibility to oblige third country nationals to report to the competent authorities of the Member State in which the service is provided on or after their entry;

10)

as regards the shipment of waste, matters covered by Council Regulation (EEC) No 259/93 of 1 February 1993 on the supervision and control of shipments of waste within, into and out of the European Community(7);

11)

copyright, neighbouring rights and rights covered by Council Directive 87/54/EEC of 16 December 1986 on the legal protection of topographies of semiconductor products(8) and by Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases(9), as well as industrial property rights;

12)

acts requiring by law the involvement of a notary;

13)

matters covered by Directive 2006/43/EC of the European Parliament and of the Council of 17 May 2006 on statutory audit of annual accounts and consolidated accounts(10);

14)

the registration of vehicles leased in another Member State;

15)

provisions regarding contractual and non-contractual obligations, including the form of contracts, determined pursuant to the rules of private international law.

(1)

OJ L 15, 21.1.1998, p. 14. Directive as last amended by Regulation (EC) No 1882/2003 (OJ L 284, 31.10.2003, p. 1).

(2)

OJ L 176, 15.7.2003, p. 37. Directive as last amended by Commission Decision 2006/653/EC (OJ L 270, 29.9.2006, p. 72).

(3)

OJ L 176, 15.7.2003, p. 57.

(4)

OJ L 281, 23.11.1995, p. 31. Directive as amended by Regulation (EC) No 1882/2003.

(5)

OJ L 78, 26.3.1977, p. 17. Directive as last amended by the 2003 Act of Accession.

(6)

OJ L 239, 22.9.2000, p. 19. Convention as last amended by Regulation (EC) No 1160/2005 of the European Parliament and of the Council (OJ L 191, 22.7.2005, p. 18).

(7)

OJ L 30, 6.2.1993, p. 1. Regulation as last amended by Commission Regulation (EC) No 2557/2001 (OJ L 349, 31.12.2001, p. 1).

(8)

OJ L 24, 27.1.1987, p. 36.

(9)

OJ L 77, 27.3.1996, p. 20.

(10)

OJ L 157, 9.6.2006, p. 87.