Article 36: Prohibition of New Restrictions on the Provision of Services

  1. The Member States shall not introduce any new restrictions on the provision of services in the Community by nationals of other Member States except as otherwise provided in this Treaty.
  1. Without prejudice to the provisions relating to the right of establishment, persons providing services may, in order to provide such services, temporarily engage in approved activities in the Member State where the services are to be provided under the same conditions enjoyed by nationals of that Member State.
  1. The Member States shall notify COTED of existing restrictions on the provision of services in respect of nationals of other Member States.
  1. For the purposes of this Chapter, “services” means services provided against remuneration other than wages in any approved sector and “the provision of services” means the supply of services:

(a)        from the territory of one Member State into the territory of another   Member  State;

(b)        in the territory of one Member State to the service consumer of another Member State;

(c)        by a service supplier of one Member State through commercial presence in the territory of another Member State; and

(d)        by a service supplier of one Member State through the presence of natural persons of a Member State in the territory of another Member State.