Cross-border provision of services in a profession regulated by the Trade Code in accordance with Directive 2005/36/EC Unfortunately this specification of service has not yet been completely translated.
Before commencing a temporary, occasional service in a profession regulated by the Trade Code (GewO) in which proof of competence or teaching is required, the activity must be notified before the commencement of the competent authority. The notification can be made in writing or electronically. Every 12 months since the last advertisement, the advertisement must be repeated informally as long as the further provision of services is intended. The obligation to notify also applies to employees, provided that proof of expertise or information is also required for them.
The following documents must be submitted at the time of first notification: 1. proof of nationality; 2. proof of the lawful establishment for the exercise of the activities in question in the country of origin and proof that the exercise of those activities is not prohibited, even temporarily. 3. in the case of commercial activities in the Scope of the Arms Act, of the Explosives Act of the Federal Hunting Act of the Firearms Act and of the guarding industry proof that there are no criminal records; 4. proof of professional qualification (a) where the profession in the State of establishment is bound by laws, regulations or administrative provisions, to the possession of certain professional qualifications; Or (b) proof that the activity in the State of establishment has been carried out for at least one year during the preceding 10 years; 5. proof of insurance cover or any other form of individual or collective protection in relation to professional liability, provided that such a certificate is also required by nationals for the activity in question.
Legally established in a Member State of the European Union (EU State) or a State party to the Agreement on the European Economic Area (EEA State). The notification must be made before the start of the activity. The service must actually be provided in the Federal Republic of Germany (no e-mail, internet or postal transactions).
The obligation to notify under Section 13a of the Commercial Code is also subject to regulated trades that are regulated by special law, such as the law on weapons, animal welfare law or explosives law. Craftsmanship generally presupposes registration in the craftsman's role. The Trade Code does not cover liberal professions such as lawyers, tax consultants, accountants, doctors, engineers and architects. The requirements for cross-border services are regulated by the respective specialist laws.
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