Hoppa yfir valmynd
Ministry of Industries and Innovation

Reglulation No. 665/2011 on administrative cooperation of national authorities in the EEA-area in relation to services in the internal market of the European Economic Area

Mutual assistance – general obligations.

Article 1

The competent authorities in Iceland shall provide assistance as promptly as possible to the competent authorities in other EEA Member States in order to ensure the supervision of service provision in the internal market of the European Economic Area.

The competent authorities in Iceland shall, at the request of the competent authorities in another EEA Member State and in accordance with the statutory powers of the relevant authority, provide the competent authorities of the other EEA Member State with information on providers and carry out checks, inspections and investigations of the activities of providers.

The relevant authority shall decide on the most appropriate measures to be taken in each individual case in order to meet a request made pursuant to the second paragraph.

The Icelandic authorities shall ensure that providers supply their competent authorities with all the information necessary for supervising their activities.

In the event of difficulty in meeting a request made pursuant to the second paragraph, the authority concerned shall notify the relevant authority in the other EEA Member State with a view to finding a solution.

The competent authorities shall ensure that registers in which providers have been entered and which may be consulted by the competent authorities in Iceland, may also be consulted by the equivalent competent authorities of the other EEA Member States.

Supervision of providers who are established in Iceland and provide services in another EEA Member State without being established there

Article 2

Providers who are established in Iceland are subject to supervision by the competent Icelandic authorities, even if they provide services in another EEA Member State without being established there.

The competent Icelandic authorities shall not refrain from taking measures or supervise providers established in Iceland on the grounds that their services are provided or can be expected to cause damage in another EEA Member State.

Notwithstanding the provision of the first paragraph, the competent Icelandic authorities shall not be obliged to carry out factual checks in another EEA Member State where a provider exercises a service activity without establishment. If needed, the competent Icelandic authorities shall request the assistance of the competent authorities of the EEA Member State where the service is being provided in carrying out checks and controls.

Supervision of providers who provide services in Iceland without establishment

Article 3

Where a provider provides a service in Iceland without being established there, the competent authorities of the Member State where the provider is established are responsible for the supervision of the provider.

At the request of the competent authority in the EEA Member State where the provider is established, the Icelandic authorities, in accordance with the statutory powers of the authority concerned, shall take the necessary measures to ensure effective supervision of a provider who provides services in Iceland without being established there. The relevant authority shall decide on the most appropriate measures to be taken in each individual case in order to meet a request made pursuant to the first sentence.

Article 4

In cases where the Icelandic authorities are permitted, pursuant to Article 13 of Act No 76/2011 on services in the internal market of the European Economic Area and regulations established on the basis thereof, to apply Icelandic rules in respect of providers who provide services in Iceland without being established there, the Icelandic authorities shall be responsible for the supervision of those providers.

In accordance with the first paragraph, the Icelandic authorities shall take the necessary measures to ensure that providers who provide services in Iceland without establishment comply with the rules governing access to and provision of a service and shall carry out the necessary supervision of their activities.

In addition, the Icelandic authorities may, on their own initiative, conduct on-the-spot checks of providers who provide services in Iceland without establishment, provided that those checks are not discriminatory, are proportionate and are not motivated by the fact that the provider is established in another EEA Member State.

Mutual assistance in the event of case-by-case derogations

Article 5

Notwithstanding the provisions of Article 13 of Act No 76/2011 on services in the internal market of the European Economic Area, the competent authorities may, in exceptional circumstances, take special measures with regard to a provider intending to provide services in Iceland without establishment, as provided for in Article 14 of the Act.

Before taking special measures pursuant to the first paragraph, the competent authority in Iceland shall ask the competent authority of the EEA Member State of establishment to take the necessary measures with regard to the provider in order to ensure the safety of the service. The competent authorities in Iceland shall supply all the relevant information on the provider in question and the circumstances of the case.

In the event that the competent authority of the other EEA Member State does not take the necessary measures to ensure the safety of the service, the competent Icelandic authority shall notify the relevant authority in the other EEA Member State and the EFTA Surveillance Authority of its intention to take measures. The notification shall state the reasons why the competent Icelandic authority believes the measures taken by the EEA Member State of establishment are inadequate and how the measures it intends to take fulfil the conditions laid down in Article 14 of the Act.

Special measures may not be taken until 15 days after a notification pursuant to the third paragraph has been sent.

In the case of urgency, the competent Icelandic authorities may derogate from the provisions of the second to fourth paragraphs, in which case the measures shall be promptly notified to the EFTA Surveillance Authority and the relevant EEA Member State, stating the reasons why the competent Icelandic authorities believe there is urgency.

Article 6

In the event that another EEA Member State asks the competent Icelandic authorities to take measures with regard to a provider established in Iceland who provides services in another EEA Member State without being established there, the competent Icelandic authorities shall supply the competent authority in the other EEA Member State with the requested information on whether the activities of the provider in question comply with laws and regulations and verify the facts underlying the request. Moreover, the competent Icelandic authority shall inform the requesting competent authority of whether and, if so, which measures it intends to take, or the reasons why it does not intend to take any measures.

Notifications relating to the safety of a service

Article 7

The competent Icelandic authorities shall promptly notify the relevant competent authorities of other EEA Member States and the EFTA Surveillance Authority of any conduct or circumstances relating to a service activity that could cause damage to the health or safety of persons or to the environment, whether in Iceland or other EEA Member States. This provision applies regardless of whether the provider concerned is established in Iceland or provides a service in Iceland without being established there.

Specific information on providers

Article 8

The competent Icelandic authorities shall, in conformity with Icelandic laws and regulations, supply the competent authorities of other EEA Member States with information on any administrative actions or criminal sanctions imposed on a provider, as well as information on insolvency or bankruptcy involving fraud.

The competent Icelandic authorities shall only supply the information referred to in the first paragraph if it is directly relevant to the provider's professional competence and a decision has been taken. The competent Icelandic authorities shall specify whether a particular decision is final and whether it may be appealed.

Moreover, the competent Icelandic authorities shall specify the laws and regulations pursuant to which the provider was found guilty or penalised.

Electronic exchange of information

Article 9

Information pursuant to this Regulation shall be supplied to the competent authorities of other EEA Member States by electronic means.

The competent Icelandic authorities shall use the Internal Market Information system (IMI) to disseminate information electronically to the competent authorities of other EEA Member States.

Information exchanged between competent authorities as part of administrative cooperation in the EEA area in relation to services, shall only be used in connection with the case for which the information was requested.

The Ministry of Economic Affairs serves as the liaison for administrative cooperation of national authorities in the EEA-area in relation to services in the internal market of the European Economic Area.

Notifications to the EFTA Surveillance Authority

Article 10

The EFTA Surveillance Authority does not have access to the Internal Market Information system referred to in Article 9. For this reason, the competent authorities shall send any notifications made pursuant to the third and fifth paragraphs of Article 5 and Article 7 directly to the EFTA Surveillance Authority.

Notifications to the EFTA Surveillance Authority shall be sent without personally identifiable data.

Treatment of personal data

Article 11

The implementation and application of the provisions of this Regulation shall respect the laws and regulations on the protection of personal data and privacy.

Entry into force

Article 12

This Regulation is issued on the bases of Article 21(3) of Act No 76/2011 on services in the internal market of the European Economic Area and is effective immediately.

The Ministry of Economic Affairs, 29 June 2011.

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