Register of craftsmen Registration of persons from another Member State of the EC or eea

Under what circumstances is an exemption granted under the EU/EEA Crafts Regulation (EU/EEA HwV)?

The Chamber of Crafts grants exemptions under the EU/EEA Crafts Regulation (EU/EEA HwV). A national of the Member States of the European Union or of another Contracting State to the Agreement on the European Economic Area must be granted an exemption for a trade listed in Annex A to the Crafts Code if a commercial establishment is to be maintained within the scope of the Crafts Code and the applicants have the necessary professional experience in another Member State of the EU in which they are in another country of origin have actually and regularly carried out at least one essential activity of the trade as a full-time or equivalent part-time activity as follows:

  • at least 6 years without interruption as a self-employed person or as a person responsible for the company, provided that the activity was not terminated more than ten years before the application was submitted,
  • at least 3 years without interruption as a self-employed person or as a manager of the company, if at least three years of training in the activity has been preceded,
  • at least four consecutive years as a self-employed person or as a person in charge of the business, if at least two years of training in the activity has preceded,
  • at least three consecutive years as a self-employed person and at least five years as an employee, provided that the activity was not terminated more than ten years before the application was submitted, or
  • at least five consecutive years in a managerial position of an undertaking, of which at least three years must be devoted to an activity with technical tasks and responsibility for at least one department of the undertaking, and which has also been preceded by at least three years of training in the activity; this does not apply to the hairdressing trade according to Annex A number 38 of the Crafts Code.

The Chamber of Crafts may, as proof of the above conditions, require a certificate of the nature and duration of the activity issued by the competent authority of the Member State of origin or the Member State from which the foreign national comes.

Subject to the imposition of compensatory measures, such a derogation shall also be granted where:

  • the applicants have obtained in their country of origin a professional qualification which is a prerequisite for the pursuit of the trade in question there;
  • applicants have completed regulated training in another country of origin where no specific professional qualification is required for the training of the trade concerned;

applicants prove that, in one of the other countries of origin, where neither the training for that profession nor the profession itself is regulated, they have actually and regularly pursued an essential activity of the profession as a full-time employment for at least one year or as a corresponding part-time activity. Furthermore, a certificate of training or competence is intended to show that they have been professionally prepared for the performance of this profession by means of training. Periods of employment longer than ten years before the application is submitted are not taken into account.

Companies from EU countries that do not have a permanent establishment in Germany must prove the craft law requirements for registration as described above, but do not receive any exemption permits. They are registered by the Chambers of Crafts in order to prove the right to practice the craft in Germany. Upon request, you will receive a corresponding certificate.

  • Application for the granting of an exemption permit in accordance with § 9 of the Crafts Code
  • Presentation of a certificate of the nature and duration of the activity by the competent authority of the Member State of origin or the Member State from which the foreign national comes
  • Presentation of a certificate of formal qualifications or qualifications

Preconditions

  • Master craftsman's examination (§ 7 Abs. 1 a HwO)
  • If the applicant or the manager has successfully passed the master craftsman's examination in the craft to be practiced or in a craft subject to authorisation related to it, the registration in the register of craftsmen takes place at the competent Chamber of Crafts.
  • The Crafts Code also provides for provisions according to which the applicants or the farm managers can also be entered in the register of craftsmen with an examination equivalent to the master craftsman's examination (§ 7 para. 2 HwO) (e.B. graduate engineer, engineer, industrial master, technician). The prerequisite is that the study or school focus of the examination corresponds to the craft to be registered.
  • If the applicants or farm managers have not passed a master craftsman's examination, they may be able to obtain entry in the register of craftsmen via an exemption permit (§ 8 HwO). This is possible if it would be an unreasonable hardship for both to take the master craftsman's examination and to prove master-like knowledge and skills. Depending on the situation of the individual case, the exemption may be granted on a permanent or temporary basis as well as limited or unlimited.
  • Without a master craftsman's examination, the applicant or his or her manager can also obtain a right to exercise (§ 7 b HwO) if a relevant training as a journeyman/skilled worker has been proven and at least six years of practical activity in the trade, of which at least four years in a managerial position, has been carried out. Exceptions to this are the chimney sweep craft and the health crafts.
  • If applicants or their managers are nationals of a Member State of the European Union (EU) or a state party to the Agreement on the European Economic Area (EEA), they may be able to obtain entry in the craft register via an exemption permit in accordance with § 9 HwO. The prerequisite is that they have worked in one of the above-mentioned countries for certain periods as a self-employed person or company manager in a corresponding craft or have successfully completed a relevant professional training abroad. Excluded from the recognition of professional activity are the chimney sweeping trade and the health crafts.

§ 6 paragraph 1 Crafts Code (HWO)

§ 7 paragraph 2a Crafts Code (HWO)

§ 9 paragraph 1 sentence 1 number 1 Crafts Code (HWO)

§§ 6, 19 Handwerksordnung (HWO) in conjunction with Annex D of the Handwerksordnung (Data Protection Notice)

EU/EEA Crafts Regulation

Ordinance on the Transfer of Responsibilities pursuant to § 124b of the Crafts Code of 13 December 2005, GVBl.II/05, [No. 33], p. 586), as amended by Ordinance of 9 December 2010 (GVBl.II/10, [No. 87])

Application for the granting of an exemption permit according to § 9 of the Crafts Code with

  • Presentation of a certificate of the nature and duration of the activity by the competent authority of the Member State of origin or the Member State from which the foreign national comes
  • Presentation of a certificate of formal qualifications or qualifications

Examination by the Chamber of Crafts, which is responsible for the place of the intended establishment.

Responsible for the content
Ministry of Economy and Energy

Last update or date of publication
08.05.2019