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: 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; 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; 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); the measures are proportionate.

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Source: EUR-Lex (Cellar) · retrieved 2026-10-28 · Text as adopted (Official Journal); later amendments are not incorporated in this text.