2024/0410/DK
EC/EFTA
DK Denmark
  • SERV - SERVICES 98/48/CE
2024-10-22
2024-07-25

The draft Act concerns traders, including online operators, operating activities in the trade in or purchase ofsecond-hand goods, sale of second-hand goods by online auctions, lending of money against pledges or thenegotiation of such loans (pawnbroking activities).

Draft Act on trade in second-hand goods and pawnbroking activities.

The draft Act makes covered economic operators established in Denmark (both service providers in generaland providers of information society services) subject to licence requirements from the police as a condition foroperating their activities (Section 2 of the draft Act).

The scheme also requires licence holders to be subject to detailed rules concerning the actual operation ofactivities, etc., which are set out both in the wording of the draft Act and in provisions more specifically laiddown in the corresponding draft Order. The key content in particular is that:
* Licence holders are subject to police supervision, which means, inter alia, that they must notify the police ofthe location of their stocks of goods, accounting documents and any business premises (Section 9 of the draftAct).
* Licence holders who are offered goods for purchase or as mortgage in circumstances which may justifysuspicion of illicit provenance must notify the police (Section 11(1) of the draft Act).
* Licence holders must examine goods offered to them for purchase or as mortgage, which includes searchingfor them in relevant registers of stolen goods which may be established (Section 11(2) of the draft Act).
Notification is given about the draft Act in relation to Directive (EU) 2015/1535 (Information ProceduresDirective).
It should be noted that there is no reason to provide at the same time notification under Directive 2006/123/EC(the Services Directive), since, on the one hand, the draft Act does not regulate access to temporary provisionof services in Denmark and, on the other hand, the specific content of the regulation with regard to serviceproviders established in Denmark falls outside the scope of the calculations in Article 15 of the Directive onrequirements to be evaluated.