Requirements concerning freedom of establishment of providers.
The competent authorities shall notify the EFTA Surveillance Authority of any new laws and regulations concerning the freedom to provide services with establishment in Iceland regarding any of the following requirements:
- quantitative or territorial restrictions, in particular in the form of limits fixed according to population or geographical distance between providers;
- an obligation on a provider to take a specific legal form;
- requirements which relate to the shareholding of a company;
- requirements which reserve access to the service activity in question to particular providers by virtue of the specific nature of the activity. This does not, however, apply to matters covered by Act No 26/2010 on the recognition of professional qualifications required to pursue activities in Iceland, or other rules that may be derived from EEA rules;
- a ban on the provider having more than establishment in Iceland;
- requirements fixing a minimum number of employees;
- fixed minimum or maximum tariffs with which the provider must comply;
- an obligation on the provider to supply other specific services jointly with his service.
Requirements relating to the freedom to provide services without establishment
When the competent authorities introduce new requirements or alter the existing requirements applicable to providers exercising a service activity without establishment, in accordance with Article 13 of Act No 76/2011 on services in the internal market of the European Economic Area, they shall notify the changes to the EFTA Surveillance Authority.
Notifications to the EFTA Surveillance Authority pursuant to Articles 1 and 2 shall be sent through the Ministry of Economic Affairs. The competent authorities shall supply the Ministry of Economic Affairs with the following information in connection with notifications pursuant to Articles 1 and 2:
- the complete text of the requirements in question;
- the reason for the imposition of the requirements;
- why the requirements are justified by an overriding reason relating to the public interest;
- whether the requirements are non-discriminatory;
- whether and how compliance with the principle of proportionality is ensured.
Entry into force
This Regulation is issued on the basis 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.
For the Minister