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Directive 2006/123/EC of the European Parliament and of the CouncilShow full title
Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market
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Changes over time for: Article 31
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Article 31U.K.Supervision by the Member State where the service is provided in the event of the temporary movement of the provider
1.With respect to national requirements which may be imposed pursuant to Articles 16 or 17, the Member State where the service is provided is responsible for the supervision of the activity of the provider in its territory. In conformity with Community law, the Member State where the service is provided:
(a)shall take all measures necessary to ensure the provider complies with those requirements as regards the access to and the exercise of the activity;
(b)shall carry out the checks, inspections and investigations necessary to supervise the service provided.
2.With respect to requirements other than those referred to in paragraph 1, where a provider moves temporarily to another Member State in order to provide a service without being established there, the competent authorities of that Member State shall participate in the supervision of the provider in accordance with paragraphs 3 and 4.
3.At the request of the Member State of establishment, the competent authorities of the Member State where the service is provided shall carry out any checks, inspections and investigations necessary for ensuring the effective supervision by the Member State of establishment. In so doing, the competent authorities shall act to the extent permitted by the powers vested in them in their Member State. The competent authorities may decide on the most appropriate measures to be taken in each individual case in order to meet the request by the Member State of establishment.
4.On their own initiative, the competent authorities of the Member State where the service is provided may conduct checks, inspections and investigations on the spot, provided that those checks, inspections or investigations are not discriminatory, are not motivated by the fact that the provider is established in another Member State and are proportionate.
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