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Directive 2006/123/EC
Services Directive
Article 39

Article 39 — Mutual evaluation

  1. By 28 December 2009 at the latest, Member States shall present a report to the Commission, containing the information specified in the following provisions:
    1. Article 9(2), on authorisation schemes;
    2. Article 15(5), on requirements to be evaluated;
    3. Article 25(3), on multidisciplinary activities.
  2. The Commission shall forward the reports provided for in paragraph 1 to the Member States, which shall submit their observations on each of the reports within six months of receipt. Within the same period, the Commission shall consult interested parties on those reports.
  3. The Commission shall present the reports and the Member States' observations to the Committee referred to in Article 40(1), which may make observations.
  4. In the light of the observations provided for in paragraphs 2 and 3, the Commission shall, by 28 December 2010 at the latest, present a summary report to the European Parliament and to the Council, accompanied where appropriate by proposals for additional initiatives.
  5. By 28 December 2009 at the latest, Member States shall present a report to the Commission on the national requirements whose application could fall under the third subparagraph of Article 16(1) and the first sentence of Article 16(3), providing reasons why they consider that the application of those requirements fulfil the criteria referred to in the third subparagraph of Article 16(1) and the first sentence of Article 16(3).

    Thereafter, Member States shall transmit to the Commission any changes in their requirements, including new requirements, as referred to above, together with the reasons for them.

    The Commission shall communicate the transmitted requirements to other Member States. Such transmission shall not prevent the adoption by Member States of the provisions in question. The Commission shall on an annual basis thereafter provide analyses and orientations on the application of these provisions in the context of this Directive.