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Chapter VIII · FINAL PROVISIONS › Article 39

Entry into force

This Regulation shall enter into force on the twentieth day following that of its publication in the
Official Journal of the European Union
.
Article 2, Article 4, Articles 7 to 12, Article 16, Article 17, Article 18(1) to (4), Article 19, Article 20, Article 24(1), (2) and (3), Article 25(1) to (4), Article 26 and Article 27 shall apply from 12 December 2020.
Article 6, Article 13, Article 14(1) to (8) and (10) and Article 15 shall apply from 12 December 2023.
Notwithstanding the date of application of Articles 2, 9, 10 and 11, municipal authorities shall make the information, explanations and instructions referred to in those Articles available by 12 December 2022 at the latest.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Strasbourg, 2 October 2018.
For the European Parliament
The President
A. TAJANI
For the Council
The President
J. BOGNER-STRAUSS
(
1
)
OJ C 81, 2.3.2018, p. 88
.
(
2
)
Position of the European Parliament of 13 September 2018 (not yet published in the Official Journal) and decision of the Council of 27 September 2018.
(
3
)
Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (
OJ L 376, 27.12.2006, p. 36
).
(
4
)
Regulation (EC) No 764/2008 of the European Parliament and of the Council of 9 July 2008 laying down procedures relating to the application of certain national technical rules to products lawfully marketed in another Member State and repealing Decision No 3052/95/EC (
OJ L 218, 13.8.2008, p. 21
).
(
5
)
Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March 2011 laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC (
OJ L 88, 4.4.2011, p. 5
).
(
6
)
Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (
OJ L 255, 30.9.2005, p. 22
).
(
7
)
Commission Recommendation 2013/461/EU of 17 September 2013 on the principles governing SOLVIT (
OJ L 249, 19.9.2013, p. 10
).
(
8
)
Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (
OJ L 94, 28.3.2014, p. 65
).
(
9
)
Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (
OJ L 94, 28.3.2014, p. 243
).
(
10
)
Regulation (EU) 2016/589 of the European Parliament and of the Council of 13 April 2016 on a European network of employment services (EURES), workers’ access to mobility services and the further integration of labour markets, and amending Regulations (EU) No 492/2011 and (EU) No 1296/2013 (
OJ L 107, 22.4.2016, p. 1
).
(
11
)
Council Decision 2001/470/EC of 28 May 2001 establishing a European Judicial Network in civil and commercial matters (
OJ L 174, 27.6.2001, p. 25
).
(
12
)
Directive 2014/67/EU of the European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System (‘the IMI Regulation’) (
OJ L 159, 28.5.2014, p. 11
),
(
13
)
Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (
OJ L 257, 28.8.2014, p. 73
).
(
14
)
Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (
OJ L 166, 30.4.2004, p. 1
).
(
15
)
Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems (
OJ L 284, 30.10.2009, p. 1
).
(
16
)
Directive (EU) 2016/2102 of the European Parliament and of the Council of 26 October 2016 on the accessibility of the websites and mobile applications of public sector bodies (
OJ L 327, 2.12.2016, p. 1
).
(
17
)
Council Decision 2010/48/EC of 26 November 2009 concerning the conclusion, by the European Community, of the United Nations Convention on the Rights of Persons with Disabilities (
OJ L 23, 27.1.2010, p. 35
).
(
18
)
Regulation (EU) No 260/2012 of the European Parliament and of the Council of 14 March 2012 establishing technical and business requirements for credit transfers and direct debits in euro and amending Regulation (EC) No 924/2009 (
OJ L 94, 30.3.2012, p. 22
).
(
19
)
Regulation (EU) No 1024/2012 of the European Parliament and of the Council of 25 October 2012 on administrative cooperation through the Internal Market Information System and repealing Commission Decision 2008/49/EC (‘the IMI Regulation’) (
OJ L 316, 14.11.2012, p. 1
).
(
20
)
Regulation (EU) 2016/1191 of the European Parliament and of the Council of 6 July 2016 on promoting the free movement of citizens by simplifying the requirements for presenting certain public documents in the European Union and amending Regulation (EU) No 1024/2012 (
OJ L 200, 26.7.2016, p. 1
).
(
21
)
Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (
OJ L 119, 4.5.2016, p. 1
).
(
22
)
Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (see page 39 of this Official Journal).
(
23
)
Regulation (EU) No 1316/2013 of the European Parliament and of the Council of 11 December 2013 establishing the Connecting Europe Facility, amending Regulation (EU) No 913/2010 and repealing Regulations (EC) No 680/2007 and (EC) No 67/2010 (
OJ L 348, 20.12.2013, p. 129
).
(
24
)
Directive (EU) 2017/1132 of the European Parliament and of the Council of 14 June 2017 relating to certain aspects of company law (
OJ L 169, 30.6.2017, p. 46
).
(
25
)
Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings (
OJ L 141, 5.6.2015, p. 19
).
(
26
)
Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (
OJ L 55, 28.2.2011, p. 13
).
(
27
)
Directive (EU) 2016/1148 of the European Parliament and of the Council of 6 July 2016 concerning measures for a high common level of security of network and information systems across the Union (
OJ L 194, 19.7.2016, p. 1
).
(
28
)
Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (
OJ L 119, 4.5.2016, p. 89
).
(
29
)
Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (
OJ L 8, 12.1.2001, p. 1
).
(
30
)
OJ C 340, 11.10.2017, p. 6
.
ANNEX I
List of areas of information relevant for citizens and business exercising their internal market rights referred to in point (a) of Article 2(2)
Areas of information areas related to citizens:
Area
INFORMATION REGARDING RIGHTS, OBLIGATIONS AND RULES ARISING FROM UNION AND NATIONAL LAW
A.
Travel within the Union
1.
documents required of Union citizens, their family members who are not Union citizens, minors travelling alone and non-Union citizens when travelling across borders within the Union (ID card, visa, passport)
2.
rights and obligations of travellers by plane, train, ship, bus in and from the Union, and of those who buy travel packages or linked travel arrangements
3.
assistance in case of reduced mobility when travelling in and from the Union
4.
transport of animals, plants, alcohol, tobacco, cigarettes and other goods when travelling in the Union
5.
voice calling and sending and receiving electronic messages and electronic data within the Union
B.
Work and retirement within the Union
1.
seeking employment in another Member State
2.
taking up employment in another Member State
3.
recognition of qualifications with a view to employment in another Member State
4.
taxation in another Member State
5.
rules on liability and mandatory insurance linked to residence or employment in another Member State
6.
terms and conditions of employment, including for posted workers, as stipulated by law or statutory instrument (including information on working hours, paid leave, holiday entitlements, rights and obligations regarding overtime work, health checks, termination of contracts, dismissal and redundancies)
7.
equal treatment (rules prohibiting discrimination in the workplace, rules on equal pay for men and women and on equal pay for employees on fixed-term or permanent employment contracts)
8.
health and safety obligations in relation to different types of activity
9.
social security rights and obligations in the Union including those related to getting pensions
C.
Vehicles in the Union
1.
taking a motor vehicle temporarily or permanently to another Member State
2.
acquiring and renewing a driving licence
3.
taking out mandatory motor vehicle insurance
4.
buying and selling a motor vehicle in another Member State
5.
national traffic rules and requirements for drivers, including general rules for the use of the national road infrastructure: time-based charges (vignette), distance-based charges (toll), emission stickers
D.
Residence in another Member State
1.
moving temporarily or permanently to another Member State
2.
purchasing and selling of immovable property, including any conditions and obligations related to taxation, ownership, or use of such property, including its use as a secondary residence
3.
participating in municipal elections and elections to the European Parliament
4.
requirements for residence cards for Union citizens and their family members, including family members who are not Union citizens
5.
conditions applicable to the naturalisation of nationals from another Member State
6.
rules applicable in the case of death, including rules on the repatriation of remains to another Member State
E.
Education or traineeship in another Member State
1.
education system in another Member State, including early childhood education and care, primary and secondary education, higher education and adult learning
2.
volunteering in another Member State
3.
traineeships in another Member State
4.
conducting research in another Member State as part of an education programme
F.
Healthcare
1.
getting medical treatment in another Member State
2.
buying prescribed pharmaceutical products in a Member State other than the one where the prescription was issued, online or in person
3.
health insurance rules applicable in the case of short-term or long-term stays in another Member State, including how to apply for a European Health Insurance Card
4.
general information on access rights or obligations to participate in available public preventive healthcare measures
5.
services provided through national emergency numbers, including ‘112’ and ‘116’ numbers
6.
rights and conditions for moving to a residential care home
G.
Citizens’ and family rights
1.
birth, custody for minor children, parental responsibilities, rules on surrogacy and adoption, including second-parent-adoption, maintenance obligations in relation to children in a cross-border family situation
2.
living in a couple with different nationalities, including same-sex couples (marriage, civil or registered partnership, separation, divorce, marital property rights, the rights of cohabitants)
3.
rules of gender recognition
4.
rights and obligations in relation to succession in another Member State, including tax rules
5.
rights and rules applicable in the case of cross-border parental child abduction
H.
Consumer rights
1.
buying goods, digital content or services (including financial services) from another Member State, online or in person
2.
holding a bank account in another Member State
3.
connection to utilities, such as gas, electricity, water, household waste disposal, telecoms and the internet
4.
payments, including credit transfers, delays in cross-border payments
5.
consumer rights and guarantees related to buying goods and services, including procedures for consumer dispute resolution and compensation
6.
safety and security of consumer products
7.
renting a motor vehicle
I.
Protection of personal data
1.
exercising data subjects’ rights in relation to the protection of personal data
Areas of information related to businesses:
Area
INFORMATION REGARDING RIGHTS, OBLIGATIONS AND RULES
J.
Starting, running and closing a business
1.
registering, changing the legal form of or closing a business (registration procedures and legal forms for carrying out business)
2.
moving a business to another Member State
3.
intellectual property rights (applying for a patent, registering a trademark, a drawing or a design, getting a licence for reproduction)
4.
fairness and transparency in commercial practices, including consumer rights and guarantees related to selling goods and services
5.
offering online facilities for cross-border payments when selling goods and services online
6.
rights and obligations arising under contract law, including late payment interests
7.
insolvency proceedings and liquidation of companies
8.
credit insurance
9.
mergers of companies or selling a business
10.
civil liability of directors of a company
11.
rules and obligations regarding the processing of personal data
K.
Employees
1.
terms of employment stipulated by law or statutory instrument (including working hours, paid leave, holiday entitlements, rights and obligations regarding overtime work, health checks, termination of contracts, dismissals and redundancies)
2.
social security rights and obligations in the Union (registering as employer, registering employees, notifying the end of contract of an employee, paying social contributions, rights and obligations related to pensions)
3.
employment of workers in other Member States (posting of workers, rules on freedom to provide services, residency requirements for workers)
4.
equal treatment (rules prohibiting discrimination in the workplace, rules on equal pay for men and women and equal pay for employees on fixed-term or under permanent employment contracts)
5.
rules on staff representation
L.
Taxes
1.
VAT: information on the general rules, rates and exemptions, registering for and paying VAT, obtaining a refund
2.
excise duties: information on the general rules, rates and exemptions, registration for excise tax purposes and payment of excise tax, obtaining a refund
3.
customs duties and other taxes and duties collected on imports
4.
customs procedures for imports and exports under the Union Customs Code
5.
other taxes: payment, rates, tax returns
M.
Goods
1.
obtaining CE marking
2.
product rules and requirements
3.
identifying applicable standards, technical specifications and getting products certified
4.
mutual recognition of products not subject to Union specifications
5.
requirements regarding classification, labelling and packaging for hazardous chemicals
6.
distance/off-premises selling: information to be given to customers in advance, confirmation of the contract in writing, withdrawal from a contract, delivering of the goods, other specific obligations
7.
defective products: consumer rights and guarantees, after-sale responsibilities, means of redress for an injured party
8.
certification, labels (EMAS, energy labels, Eco-design, EU eco-label)
9.
recycling and waste management
N.
Services
1.
acquiring licences, authorisations or permits with a view to starting and operating a business
2.
notifying the authorities of cross-border activities
3.
recognition of professional qualifications, including vocational education and training
O.
Funding a business
1.
obtaining access to finance at the Union level, including Union funding programmes and business grants
2.
obtaining access to finance at national level
3.
initiatives addressed to entrepreneurs (exchanges organised for new entrepreneurs, mentoring programmes, etc.)
P.
Public contracts
1.
participating in public tenders: rules and procedures
2.
submitting a bid online in response to a public call for tender
3.
reporting irregularities in relation to the tender process
Q.
Health and safety at work
1.
health and safety obligations in relation to different types of activity, including risk prevention, information and training
ANNEX II
Procedures referred to in Article 6(1)
Life events
Procedures
Expected output subject to an assessment of the application by the competent authority in accordance with national law, where relevant
Birth
Requesting proof of registration of birth
Proof of registration of birth or birth certificate
Residence
Requesting proof of residence
Confirmation of registration at the current address
Studying
Applying for a tertiary education study financing, such as study grants and loans from a public body or institution
Decision on the application for financing or acknowledgement of receipt
Submitting an initial application for admission to public tertiary education institution
Confirmation of the receipt of application
Requesting academic recognition of diplomas, certificates or other proof of studies or courses
Decision on the request for recognition
Working
Request for determination of applicable legislation in accordance with Title II of Regulation (EC) No 883/2004
(
1
)
Decision on applicable legislation
Notifying changes in the personal or professional circumstances of the person receiving social security benefits, relevant for such benefits
Confirmation of receipt of notification of such changes
Application for a European Health Insurance Card (EHIC)
European Health Insurance Card (EHIC)
Submitting an income tax declaration
Confirmation of the receipt of the declaration
Moving
Registering a change of address
Confirmation of deregistration at the previous address and of the registration of the new address
Registering a motor vehicle originating from or already registered in a Member State, in standard procedures
(
2
)
Proof of registration of a motor vehicle
Obtaining stickers for the use of the national road infrastructure: time-based charges (vignette), distance-based charges (toll), issued by a public body or institution
Receipt of toll sticker or vignette or other proof of payment
Obtaining emission stickers issued by a public body or institution
Receipt of emission sticker or other proof of payment
Retiring
Claiming pension and pre-retirement benefits from compulsory schemes
Confirmation of the receipt of the claim or decision regarding the claim for a pension or pre-retirement benefits
Requesting information on the data related to pension from compulsory schemes
Statement of personal pension data
Starting, running and closing a business
Notification of business activity, permission for exercising a business activity, changes of business activity and the termination of a business activity not involving insolvency or liquidation procedures, excluding the initial registration of a business activity with the business register and excluding procedures concerning the constitution of or any subsequent filing by companies or firms within the meaning of the second paragraph of Article 54 TFEU
Confirmation of the receipt of notification or change, or of the request for permission for business activity
Registration of an employer (a natural person) with compulsory pension and insurance schemes
Confirmation of registration or social security registration number
Registration of employees with compulsory pension and insurance schemes
Confirmation of registration or social security registration number
Submitting a corporate tax declaration
Confirmation of the receipt of the declaration
Notification to the social security schemes of the end of contract with an employee, excluding procedures for the collective termination of employee contracts
Confirmation of the receipt of the notification
Payment of social contributions for employees
Receipt or other form of confirmation of payment of social contributions for employees
(
1
)
Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (
OJ L 166, 30.4.2004, p. 1
).
(
2
)
This covers the following vehicles: (a) any motor vehicle or trailer as referred to in Article 3 of Directive 2007/46/EC of the European Parliament and of the Council (
OJ L 263, 9.10.2007, p. 1
); and (b) any two- or three-wheel motor vehicle, whether twin-wheeled or otherwise, intended to travel on the road, as referred to in Article 1 of Regulation (EU) No 168/2013 of the European Parliament and of the Council (
OJ L 60, 2.3.2013, p. 52
).
ANNEX III
List of the assistance and problem-solving services referred to in point (c) of Article 2(2)
(1)
Points of single contact
(
1
)
(2)
Product Contact Points
(
2
)
(3)
Product Contact Points for Construction
(
3
)
(4)
National assistance centres for professional qualifications
(
4
)
(5)
National contact points for cross-border healthcare
(
5
)
(6)
European network of employment services (EURES)
(
6
)
(7)
Online dispute resolution (ODR)
(
7
)
(
1
)
Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (
OJ L 376, 27.12.2006, p. 36
).
(
2
)
Regulation (EC) No 764/2008 of the European Parliament and of the Council of 9 July 2008 laying down procedures relating to the application of certain national technical rules to products lawfully marketed in another Member State and repealing Decision No 3052/95/EC (
OJ L 218, 13.8.2008, p. 21
).
(
3
)
Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March 2011 laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC (
OJ L 88, 4.4.2011, p. 5
).
(
4
)
Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (
OJ L 255, 30.9.2005, p. 22
).
(
5
)
Directive 2011/24/EU of the European Parliament and of the Council of 9 March 2011 on the application of patients’ rights in cross-border healthcare (
OJ L 88, 4.4.2011, p. 45
).
(
6
)
Regulation (EU) 2016/589 of the European Parliament and of the Council of 13 April 2016 on a European network of employment services (EURES), workers’ access to mobility services and the further integration of labour markets, and amending Regulations (EU) No 492/2011 and (EU) No 1296/2013 (
OJ L 107, 22.4.2016, p. 1
).
(
7
)
Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR) (
OJ L 165, 18.6.2013, p. 1
).

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