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Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market article 18 CELEX: 32006L0123 Case-by-case derogations
1. By way of derogation from Article 16, and in exceptional circumstances only, a Member State may, in respect of a provider established in another Member State, take measures relating to the safety of services. 2. The measures provided for in paragraph 1 may be taken only if the mutual assistance procedure laid down in Article 35 is complied with and the following conditions are fulfilled: (a) the national provisions in accordance with which the measure is taken have not been subject to Community harmonisation in the field of the safety of services; (b) the measures provide for a higher level of protection of the recipient than would be the case in a measure taken by the Member State of establishment in accordance with its national provisions; (c) the Member State of establishment has not taken any measures or has taken measures which are insufficient as compared with those referred to in Article 35(2); (d) the measures are proportionate. 3. Paragraphs 1 and 2 shall be without prejudice to provisions, laid down in Community instruments, which guarantee the freedom to provide services or which allow derogations therefrom. |