# Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market, Article 18: Case-by-case derogations

Extent: E+W+S+N.I.

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.

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Source: https://www.legislation.gov.uk/eudr/2006/123/article/18 (the official version)
Page: https://openlegislation.uk/eu-directive-2006-123/article-18
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.