6781096801

17.7.2000 lENl Official Journal of the European Communities L 178/9

(b) ‘service provider’: any natural or legał person providing an information society service;

(c) ‘established service provider’: a service provider who effectively pursues an economic activity using a fixed establishment for an indefinite period. The presence and use of the technical means and technologies required to provide the service do not, in themselves, constitute an establishment of the provider;

(d) 'recipient of the service’: any natural or legał person who, for professional ends or otherwise, uses an information society service, in particular for the purposes of seeking information or making it accessible;

(e) ‘consumer': any natural person who is acting for purposes which are outside his or her trade, business or profession;

(f) ‘commercial communication’: any form of communication designed to promote, directly or indirectly, the goods, services or image of a company, organisation or person pursuing a commercial, industrial or craft activity or exercising a regulated profession. The following do not in themselves constitute commercial Communications:

— information allowing direct access to the activity of the company, organisation or person, in particular a domain name or an electronic-mail address,

— Communications relating to the goods, services or image of the company, organisation or person com-piled in an independent manner, particularly when this is without fmancial consideration;

(g) ‘regulated profession’: any profession within the meaning of either Article 1 (d) of Council Directive 89/48/EEC of 21 December 19 8 8 on a generał system for the recognition of higher-education diplomas awarded on completion of professional education and training of at least three-years' duration(') or of Article 1 (f) of Council Directi-ve 92/51/EEC of 18 June 1992 on a second generał system for the recognition of professional education and training to supplement Directive 89/48/EEC (²);

(h) 'coordinated field': requirements laid down in Member States’ legał Systems applicable to information society service providers or information society services, regardless of whether they are of a generał naturę or specifically designed for them.

(i) The coordinated field concerns requirements with which the service provider has to comply in respect of:

(') OJ L 19, 24.1.1989, p. 16.

(²) OJ L 209, 24.7.1992, p. 25. Directive as last amended by Commission Directive 97/38/EC (OJ L 184, 12.7.1997, p. 31).

— the taking up of the activity of an information society service, such as requirements concerning qualifications, authorisation or notification,

— the pursuit of the activity of an information society service, such as requirements concerning the behaviour of the service provider, requirements regarding the quality or content of the service including those applicable to advertising and con-tracts, or requirements concerning the liability of the service provider;

(ii) The coordinated field does not cover requirements

— requirements applicable to goods as such,

— requirements applicable to the delivery of goods,

— requirements applicable to services not provided by electronic means.

Article 3

Internal market

1. Each Member State shall ensure that the information society services provided by a service provider established on its territory comply with the national provisions applicable in the Member State in question which fali within the coordinated field.

2. Member States may not, for reasons falling within the coordinated field, restrict the freedom to provide information society services from another Member State.

3. Paragraphs 1 and 2 shall not apply to the fields referred to in the Annex.

4. Member States may take measures to derogate from paragraph 2 in respect of a given information society service if the following conditions are fulfilled:

(a) the measures shall be:

(i) necessary for one of the following reasons:

— public policy, in particular the prevention, investi-gation, detection and prosecution of criminal offences, including the protection of minors and the fight against any incitement to hatred on grounds of race, sex, religion or nationality, and violations of human dignity concerning individual persons,

— the protection of public health.