Meldung einer vorübergehenden und gelegentlichen grenzüberschreitenden Erbringung von Dienstleistungen durch private Sachverständige zur Untersuchung amtlich zurückgelassener Gegen- oder Zweitproben auf dem Gebiet der Lebensmittelüberwachung (Gegenprobensachverständige) aus anderen EU-/EWR-Staaten

• Nationals of another member state of the EU, of another contracting state of the Agreement on the European Economic Area or of Switzerland, who are legally established there for the practice of the same profession as the counter-sample expert for the examination of officially left counter-samples or duplicate samples in the field of food monitoring, may practice this profession under certain conditions without a state license, if they move to Germany only for the temporary and occasional practice of the profession. In this case, the intended exercise of the profession must be notified in advance in writing or electronically to the competent authority in order to verify the requirements.

• Note: If you wish to exercise the profession of counter-sampling expert on a permanent basis in Germany, you need a state license for this (see the service description "Food safety: counter-sampling expert - license").

• proof of the nationality of the service provider
• a certificate stating that the service provider is legally established in another EU Member State or EEA State for the purpose of carrying out the activities in question and that the service provider is not prohibited, even temporarily, from carrying out these activities at the time the certificate is presented
• a certificate of professional qualification
• a proof in any form that the service provider has exercised the activity of a cross-checking expert for at least two years during the previous ten years, if the profession of a cross-checking expert is not regulated in the country of establishment
• a signed declaration of commitment in accordance with the model in Annex 3 to the Regulation on Counter Sampling
• if applicable, copies of previous notifications

All documents must be submitted before the first activity in the original, in written or electronically certified copy or, if the competent authority considers this necessary for the proper processing of the notification, in certified translation.

In the case of electronically transmitted documents, the competent authority may, in the event of reasonable doubt as to the authenticity of the documents submitted and where absolutely necessary, require the submission of certified copies.

• You are a national of a Member State of the EU or of another State party to the Agreement on the European Economic Area (EEA).
• You are legally established in another member state of the EU or EEA state for the purpose of practicing the same profession as the counter-sample expert.
• You wish to provide the service only temporarily and occasionally in Germany.
• In the event that the profession of cross-checking expert is not regulated in the state of establishment, you must have exercised the activity of cross-checking expert for at least two years during the previous ten years.

The temporary and occasional nature of the provision of services is assessed on a case-by-case basis, in particular on the basis of the duration, frequency, regular recurrence and continuity of the service.

If the competent authority deems a re-examination of your professional qualification necessary before you start working as a cross-check expert, fees will be charged. The amount of the fee is determined according to the time required.

The notification is made informally to the competent authority.

If necessary, the competent authority will carry out a subsequent examination of your professional qualification (see above under processing time). If the re-examination shows that there is a significant difference between your professional qualification and the training required in Germany, the competent authority will give you the opportunity, within one month of being informed of the result of the re-examination, to prove the technical and legal knowledge required for sufficient professional qualification, in particular by means of a technical discussion.

The competent authority may verify your professional qualification before you start working as a cross-check expert if, taking into account the specific intended activity, insufficient qualification would have a serious adverse effect on public health or safety. The review procedure may take up to three months.

The notification must be made before the service is provided in Germany for the first time. If further provision of services in Germany is intended, the notification must be renewed annually.

• The knowledge of the German language required for the performance of the service must be present.

• The service shall be provided under the relevant designation in the State of establishment, provided that such a professional designation exists there for the activity in question. The professional title shall be used in the official language or one of the official languages of the state of establishment in such a way that no confusion with the professional title of the host member state is possible. If the said professional title does not exist in the Member State of establishment, the service provider shall indicate his evidence of formal qualifications in the official language or one of the official languages of that Member State of establishment.

• The person making the notification must notify the competent authority without delay of any significant changes affecting his notification.

Nationals of another member state of the EU, of another contracting state of the Agreement on the European Economic Area or of Switzerland who are legally established there for the practice of the same profession as the counter-sample expert may, under certain conditions, practice this profession without a state license if they move to Germany only for the temporary and occasional practice of the profession. In this case, the intended exercise of the profession must be notified in advance in writing or electronically to the competent authority in order to verify the requirements.

Thuringian State Office for Consumer Protection
Department 2
Tennstedter Street 8/9
99947 Bad Langensalza

E-mail: Abteilung2@tlv.thueringen.de