Handicrafts law; notification of cross-border provision of services in a handicraft requiring authorization
A temporary and occasional provision of services of a craft subject to licensing by EU nationals and equals in Germany without a branch office must be reported.
Description
As a national of a member state of the EU, the EEA or Switzerland who does not have a commercial establishment in Germany, you may occasionally and temporarily exercise a craft subject to licensing in Germany (cf. Annex A to the Crafts Code) in Germany under certain conditions without being registered in the Crafts Register. The activity must be reported in order to verify the requirements. The Chamber of Crafts in whose district a service is to be provided for the first time is responsible.
Prerequisites
You may temporarily and occasionally practice the craft in question, which is subject to licensing, without establishing a branch office in Germany if
- you are a national of a member state of the EU, the EEA or Switzerland,
- do not have a commercial establishment in Germany, but have a legal establishment in a comparable profession in another member state of the EU, the EEA or Switzerland,
- wish to provide services in Germany on a temporary and occasional basis and
- the service was provided in the country of establishment in a regulated profession or a profession with state-regulated training, or the activity was exercised in the country of establishment for at least 1 year in the last 10 years on a full-time basis or as a corresponding part-time activity.
In the crafts of chimney sweep, optician, hearing aid acoustician, orthopedic technician, orthopedic shoemaker and dental technician, the activity may only be commenced after notification by the Chamber of Crafts that no subsequent examination of the professional qualification has taken place or that a sufficient professional qualification has been established.
In the other crafts listed in Annex A to the Crafts Code, the activity may be commenced immediately after notification and proof of the required documents (§ 8 Para. 1 EU/EWR HwV).
Deadlines
If further provision of services in Germany is intended, the notification must be repeated informally on an annual basis.
The subsequent notification of service provision must be made to the Chamber of Skilled Crafts where the initial notification was made (if further provision of services in Germany is intended in the period in question). Failure to comply with the notification requirement pursuant to Section 118 (1) No. 7 HwO in conjunction with. § Section 10 EU/EWR HwV is subject to a fine.
Required documents
-
Standard forms for notification
can be obtained from your Point of Single Contact or from the Chamber of Crafts and Skilled Trades in whose sphere of competence the services are to be provided for the first time.
-
Documents attesting the legitimate branch office in the country of establishment
EU Certification - Official Journal of the EU No. C81/8f of 13 July 1974
-
If necessary, you may be required to present the following: EU Certification issued by the competent authority in the country of establishment attesting to at least two (2) years of work experience if neither the trade or business nor the vocational training is regulated in the country of establishment.
-
EC Certification 99/42 on the requirement of vocational qualification, on the governmental regulation of the vocational training, and on the nature and duration of the occupational activity exercised in the countries of origin.
-
Name of the insurance company; contract number of the professional indemnity insurance policy
-
Certified copy of the certificates attesting to the person's career history
-
Copies of earlier notifications
-
If necessary, please provide additional documents depending on the circumstances of the particular case
Links to more information
Status:20.12.2022
Responsible for editing:Bayerisches Staatsministerium für Wirtschaft, Landesentwicklung und Energie
- Online transactions, Bavaria-wide
- Online transactions, locally limited
- Form, Bavaria-wide
- Form, locally limited
- Prefillable Form, Bavaria-wide
- Legal bases, Bavaria-wide
- Legal bases, locally limited
- Fees, Bavaria-wide
- Fees, locally limited