Handwerksrolle Eintragung durch Erteilung einer Ausnahmebewilligung nach § 9 Abs. 1 HwO
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Anyone who, as a citizen of the EU, the EEA or Switzerland, wishes to operate a craft subject to licensing in Germany as a standing trade (i.e. with a branch in Germany) without having successfully passed a German master craftsman's examination or an equivalent examination within the meaning of § 7 (2) and (2a) of the Crafts Code (HwO) requires an exemption permit. . In addition to the general regulation of § 8 HwO, there is a special regulation in § 9 HwO due to Community law requirements for citizens of the EU, the EEA or Switzerland.
An obligation to be entered in the Register of Craftsmen exists only in connection with establishment transactions, not in the case of a cross-border provision of services without establishment in Germany. Here, a notification procedure according to §§ 7 ff. EU/EEA Crafts Regulation (EU/EEA HwV) is provided.
Further information can also be found in the services:
- Cross-border provision of services
- Register of craftsmen: Granting - exemption according to § 8 HwO
1. Recognition of professional experience – does not apply to health crafts (No. 33 – 37 of Annex A to the Crafts Code (HwO))
- Proof of nationality
- certificate attesting to the nature and duration of the activity issued by the competent authority or body of the home Member State. The following professional experience, partly combined with acquired professional qualifications, is taken into account:
- self-employed or as a manager for at least 6 consecutive years (the termination of this activity must not have occurred more than 10 years ago) or
- self-employed or responsible for an undertaking for at least three consecutive years, provided that at least three years' training has previously been completed in the occupation concerned, or
- self-employed or as manager of an undertaking for at least four consecutive years, provided that at least two years' training has previously been completed in the profession concerned, or
- self-employed for at least three consecutive years and employed for at least five years (no more than ten years have left the activity), or in a managerial position for at least five consecutive years, including at least three years in a technical activity and with responsibility for at least one department of the company after at least three years' training (this alternative does not apply to hairdressing).
The activity carried out must include at least one essential activity of the trade listed in Annex A to the Crafts Code, for which the exemption permit is requested. In order to take into account professional qualifications in addition to practical professional experience, a certificate of training by a state-recognised certificate or recognition of the training by the competent professional organisation of the country of origin is also required.
2. Recognition of training and competence certificates – in particular for health trades (points 33 – 37 of Annex A to the HwO) and for access to all other Annex A professions, if proof of sufficient practical professional experience cannot be provided. It is required:
- proof of nationality,
- a certified copy of the evidence of competence or formal qualifications,
- if applicable, additional proof of practical professional experience.
Depending on the individual case, further evidence may be required, which is conclusively regulated in § 5 of the Ordinance on the Conditions for the Exercise of a Craft Subject to Licensing (EU/EEA HwV) applicable to nationals of a Member State of the European Union or of another State party to the Agreement on the European Economic Area or Switzerland.
If, during the examination of qualifications and qualifications, it is found that a relevant skills deficit exists, compensatory measures consisting of passing an aptitude test or an adaptation period may be required under conditions specified by law.
Citizens of the EU, EEA or Switzerland who want to operate a craft subject to licensing as a standing trade in Germany require an exemption permit.
The responsibility lies with the Chamber of Crafts, in whose district the (future) branch is located.
This procedure can also be carried out through a "Point of Single Contact". The "Point of Single Contact" is a special service offered by municipalities and the state for service providers.