Grenzüberschreitende Erbringung von Dienstleistungen durch Handwerker aus anderen EU-/EWR-Staaten
Inhalt
Begriffe im Kontext
Fachlich freigegeben am
Fachlich freigegeben durch
The exercise of a craft trade in Germany is subject to the special legal provisions of the Crafts Code (HwO). Which occupations belong to the craft or to the craft trade, results from Annexes A, B1 and B2 of the HwO.
Craftsmen from the other member states of the European Union (EU), another contracting state to the Agreement on the European Economic Area (EEA) and Switzerland who wish to carry out temporary work in Germany (cross-border provision of services) must observe the following regulations.
Crafts and trades similar to licences
Self-employment in a craft or craft similar to a craft that is not licensed in Annexes B1 and B2 to the Crafts Code does not require a specific professional qualification in Germany. Foreign companies which do not have a commercial presence in Germany can therefore carry out this work without having to prove certain requirements to the chambers of crafts or without having to notify the chambers of crafts beforehand of the activity.
Crafts subject to approval
Nationals of one of the above-mentioned countries who do not have a commercial presence in Germany are permitted to provide services temporarily and occasionally in a craft subject to approval listed in Annex A to the Crafts Code under certain conditions. The practice of a craft subject to authorisation must be reported to the Chamber of Crafts.
Special
If you wish to provide services in Germany for the first time as a chimney sweep, optician, hearing aid acoustician, orthopaedic technician, orthopaedic shoemaker or dental technician, your professional qualification can be checked before the service is provided if, taking into account the specifically intended activity, there is a serious risk to the health or safety of the service recipients if you are insufficiently qualified.
Services in the abovementioned trades may only be provided if the competent Chamber of Crafts has either informed that no verification of the professional qualification is intended or if a sufficient professional qualification has been established.
Tip: On the website of the European Commission you will find a "Regulated Professions Database", where you can search for regulated professions (also by country).
Special
For services in the chimney sweep, optician, hearing aid acoustician, orthopaedic technician, orthopaedic shoemaker and dental technician trade, you should be informed of the result within one month of receipt of the notification and the complete documents. In the event of a delay, the competent Chamber of Crafts will inform you of the reasons for the delay and of the timetable for a decision. In this case, the result of the inspection must be communicated to you at the latest within 2 months of receipt of the notification and the complete documents.
If the verification reveals that there is a substantial difference between your professional qualification and the training required in Germany, the competent Chamber of Crafts must, within one month of being informed of the result of the examination, give you the opportunity to prove the knowledge and skills required for a sufficient professional qualification, in particular by means of an aptitude test.
- Completed form for the declaration of cross-border provision of services
- Copy of identity card or comparable identification document
- Proof of your legal establishment in the country of origin
You are permitted to provide services temporarily and occasionally in a craft subject to licensing if you are legally established in one of the countries mentioned for the purpose of carrying out an activity comparable to the one you intend to provide in Germany and one of the following circumstances is met:
- The exercise of the activity in question is regulated in your country of establishment, which means that a certain qualification that you possess is required for professional activity.
- The training for the activity is not regulated in your country of residence, but regulated by the state and you have successfully completed this training.
- The exercise of the activity in question is neither regulated nor is there any state-regulated training for it in your country of establishment and you have carried out the activity for at least 2 years in the country of establishment as a self-employed person or business manager. This professional experience must not be more than 10 years old at the time of notification of the intended provision of services.
You must submit the notification in writing to the competent authority. It must be handwritten or accompanied by a qualified electronic signature.
If the aforementioned conditions are met, the service may be provided immediately after notification. The competent authority will provide you with an acknowledgement of receipt stating whether the conditions for providing the service are met.
Services in chimney sweeps, opticians, hearing aid acousticians, orthopaedic technicians, orthopaedic shoemakers and dental technicians may only be provided if the competent Chamber of Crafts has either informed you that no re-examination of the professional qualification is intended, or if a sufficient professional qualification has been established.
Important Notice
Failure to comply with the duty to notify constitutes an administrative offence (according to § 118 para. 1 no. 7 HwO in conjunction with § 10 EU/EEA HwV).
You must notify you of the intended provision of services before taking action for the first time. The acknowledgement of receipt from the Chamber of Crafts should be given to you within one month after receipt of the notification and the complete documents. If there are doubts as to the authenticity of the documents submitted, the authenticity may be verified by enquiring with the competent authority or body of the country of origin. The expiry of the deadline is suspended until then.
The notification must be repeated every 12 months since the last notification, as long as the further provision of services is intended. For this "repeat notification" a simple letter without attaching documents is sufficient. You must notify us immediately in writing of any significant changes in circumstances.
Special
For services in the chimney sweep, optician, hearing aid acoustician, orthopaedic technician, orthopaedic shoemaker and dental technician trade, you should be informed of the result within one month of receipt of the notification and the complete documents. In the event of a delay, the competent Chamber of Crafts will inform you of the reasons for the delay and of the timetable for a decision. In this case, the result of the inspection must be communicated to you at the latest within 2 months of receipt of the notification and the complete documents.
If the verification reveals that there is a substantial difference between your professional qualification and the training required in Germany, the competent Chamber of Crafts must, within one month of being informed of the result of the examination, give you the opportunity to prove the knowledge and skills required for a sufficient professional qualification, in particular by means of an aptitude test.
To the Chamber of Crafts in whose district you would like to provide your cross-border service for the first time.
You can also complete the procedure electronically via the Point of Single Contact
A separate platform has been developed for online applications. On the so-called service platform you can submit your applications electronically and much more! You are welcome to get your own impression of the application in advance without registering beforehand. To do this, use the simulation. In order to make full use of the online application, you must first register with the online application process.
Online application procedure of the Point of Single Contact Hesse