Notification of cross-border provision of services in regulated professions Confirmation

Registration of Europe-wide commercial services in Germany.

The competent authority shall issue a confirmation of receipt of your notification.

The obligation to notify is aimed exclusively at natural persons. It shall also apply to their employees, provided that they also have a certificate of competence.
or proof of information is required. Such regulations exist, for example.B for the security industry (cf. § 34a sec. 1 sentence 3 GewO), for the animal trade (cf. § 11 sec. 2 no. 1 TierSchG) or for the sale of plant protection products (cf. § 22 sec. 3 PflSchzG). Furthermore, only those activities according to § 13 a GewO are subject to notification that constitute a trade within the meaning of the Industrial Code and for which a certificate of competence, information or qualification is required under German law. Other service activities are governed by their specialist laws.

Such requirements exist e.B.:

in the right of fire,

in the security industry,

in federal and state hunting law,

in craft law (crafts subject to licensing),

in plant protection law,

in explosives law,

in animal welfare law,

in gun law.

Proof of nationality (e.B. by identity card or passport);

proof of legal establishment in the country of origin;

proof that the exercise of the intended activity has not been prohibited or has not been temporarily prohibited;

Proof of non-criminal record (in cases of commercial activities within the scope of application of the Beschussgesetz, the Bundesjagdgesetz, § 34a der Gewerbeordnung [Bewachungsgewerbe], the Explosives Act, the Weapons Act);

proof of professional qualification, provided that the activity is also regulated in the country of origin (linked to the possession of professional qualifications);

proof that the activity in the country of origin has been carried out for at least two years within the last 10 years, provided that the activity is also regulated in the country of origin (linked to the possession of professional qualifications);

proof of insurance cover or collective protection in relation to professional liability, if such a requirement is also required for the activity in question by residents (in Germany);

It is advisable to file the complaint in writing; where technical possibility exists, it shall also be admission electronically, provided that the abovementioned documents are attached.

Preconditions

The service provider must carry out the activity in the home Member State from an establishment.

Related Links

  • § 13a paragraph 2 Of the Industrial Code (GewO)

Making the notification according to § 13a Abs. 1 GewO.

Unless an inspection is required, the activity may be carried out immediately after the notification.

The competent authority shall issue an acknowledgement of receipt indicating whether, if any, the professional qualification has been checked. The competent public authority shall, within one month of receipt of the notification, issue an acknowledgement of receipt stating whether the conditions for an obligation to notify are met and whether a review of the professional qualification is required.

In the event of any delays, the competent body shall inform the service provider of the reasons for the delay and of a timetable for the decision.

If the inspection reveals significant differences between the professional qualification of the service provider and the training required in Germany (Germany), the public sector body shall, within one month of being informed of the result of the inspection, give the service provider the opportunity to demonstrate the knowledge and skills necessary for a sufficient professional qualification, in particular by means of an aptitude test.

Responsible for the content
Lower Saxony Ministry of Economic Affairs, Labour, Transport and Digitalisation

Last update or date of publication
07.09.2021