Services Regulations Transposition Note服务的法规换位注.docVIP

The Provision of Services Regulations 2009: Transposition Note This Transposition Note, in tabular form, explains how The Provision of Services Regulations 2009 ([reference]) (the Regulations) transpose Directive 2006/123/EC of 12 December 2006 on services in the internal market (the Directive). This is a complex and wide-ranging Directive. The table seeks to explain how the main elements of the Directive are being transposed, including cross-references to the specific provisions of the Regulations. These Regulations do more than is necessary to implement the Directive only in the following areas: Regulation 5(4) limits the definition of ‘provider’ in regulation 4 to those established in an EEA state, in accordance with Article 4.2 of the Directive, but this limitation does not apply to Part 2 of the Regulations (Duties of Service Providers). This means that anyone providing a service in the UK is subject to Part 2 of the Regulations, regardless of whether they are established in an EEA state. The purpose is to ensure that recipients in the UK will benefit uniformly from the provisions in Part 2. Part 3 of the Regulations (Duties of Competent Authorities in relation to Provision of Services in United Kingdom) transposes Chapter III, which contains provisions on the freedom of establishment for providers from another Member State. Although Chapter III only applies to situations where there is a cross-border element, we have extended the provisions in Part 3 to cover a provider of UK origin supplying services to a recipient of UK origin. Therefore Part 3 applies even where there is no cross-border element. Regulation 33 transposes Article 23.2, which requires Member States to recognise equivalent or essentially comparable professional liability insurance or guarantees held by a provider in another Member State where the provider is established. The duty in Article 23.2 benefits only providers establishing in the UK, not those operating temporarily. In contrast,