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Coroners and Justice Act 2009

Part 5 - Miscellaneous criminal justice provisions

41.Section 143 makes provision about the implementation of the E-Commerce Directive and the Services Directive.

42.The Services Directive was adopted in December 2006 ( http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2006:376:0036:0068:EN:PDF). The Directive seeks to facilitate the provision of services in the internal market ensuring the freedom of establishment and the freedom to provide services. Member States must implement the Directive by 28 December 2009.

43.Chapter VI of the Directive (“Administrative Cooperation”) enables greater cooperation between regulatory agencies (“competent authorities”) across the European Union, so that they communicate more effectively with each other in the supervision of service providers.

44.Article 30 of Chapter VI relates to situations where service providers operate in other member States on a temporary basis (that is where they are not established in that member State). Article 30(2) requires member States to ensure that their competent authorities do not refrain from taking action against service providers established in their territory on the grounds that the service has been provided or caused damage in a different member State.

45.The Government published a consultation document on the implementation of the Services Directive in November 2007 (http://www.berr.gov.uk/files/file42207.pdf). The Government Response to the consultation was published in June 2008 (http://www.berr.gov.uk/files/file46592.pdf).

46.The E-Commerce Directive was implemented generically in the UK in 2002 by the Electronic Commerce (EC Directive) Regulations 2002 (SI 2002/33). The E-Commerce Directive seeks to contribute to the proper functioning of the internal market in the field of electronic commerce by ensuring the free movement of information society services (“ISS”) between the member States.

47.Article 3 of the E-Commerce Directive (“Internal Market”) requires member States to regulate ISS in accordance with the country of origin rules. Article 3(1) requires each member State to ensure that the ISS provided by a service provider established on its territory comply with the national provisions applicable in the member State in question which fall within the coordinated field. “The coordinated field” covers all requirements in national law affecting the provision of ISS.

48.Section 144 and Schedule 17 implement the Council Framework Decision (2008/675/JHA) of 24 July 2008 on taking account of convictions in the member States of the European Union in the course of new criminal proceedings ( http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:220:0032:0034:EN:PDF). Member States are required to implement the Framework Decision by 15 August 2010.

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