Article 9 — Authorisation schemes
- Member States shall not make access to a service activity or the exercise thereof subject to an authorisation scheme unless the following conditions are satisfied:
- the authorisation scheme does not discriminate against the provider in question;
- the need for an authorisation scheme is justified by an overriding reason relating to the public interest;
- the objective pursued cannot be attained by means of a less restrictive measure, in particular because an a posteriori inspection would take place too late to be genuinely effective.
- In the report referred to in Article 39(1), Member States shall identify their authorisation schemes and give reasons showing their compatibility with paragraph 1 of this Article.
- This section shall not apply to those aspects of authorisation schemes which are governed directly or indirectly by other Community instruments.