{
  "url": "https://openlegislation.uk/eu-directive-2006-123/article-18",
  "json_url": "https://openlegislation.uk/eu-directive-2006-123/article-18.json",
  "legislation": "eudr/2006/123",
  "legislation_title": "Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market",
  "legislation_url": "https://openlegislation.uk/eu-directive-2006-123",
  "path": "article/18",
  "kind": "article",
  "number": "18",
  "heading": "Case-by-case derogations",
  "text": "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.\n2. 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:\n(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;\n(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;\n(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);\n(d) the measures are proportionate.\n3. 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.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eudr/2006/123/article/18",
    "retrieved_at": "2026-11-01T15:22:30.250447+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}