Handwerksrecht; Anzeige einer grenzüberschreitenden Dienstleistungserbringung in einem zulassungspflichtigen Handwerk
Inhalt
Begriffe im Kontext
Fachlich freigegeben am
Fachlich freigegeben durch
- § 9 Gesetz zur Ordnung des Handwerks (Handwerksordnung - HwO)
- §§ 8 - 10 Verordnung über die für Staatsangehörige eines Mitgliedstaates der Europäischen Union oder eines anderen Vertragsstaates des Abkommens über den Europäischen Wirtschaftsraum oder der Schweiz geltenden Voraussetzungen für die Ausübung eines zulassungspflichtigen Handwerks (EU/EWR-Handwerk-Verordnung - EU/EWR HwV)
- § 118 Gesetz zur Ordnung des Handwerks (Handwerksordnung - HwO)
- § 9 Abs. 4 S. 2 EU/EWR-Handwerk-Verordnung
The temporary and occasional provision of services of a craft requiring a license by EU nationals and equivalent persons in Germany without a branch must be reported.
As a national of a member state of the EU, the EEA or Switzerland who does not have a commercial establishment in Germany, you can occasionally and temporarily exercise a craft requiring a license in Germany (see Annex A of the Crafts Code) under certain conditions without being entered in the register of craftsmen in Germany. The activity must be registered in order to check the requirements. The Chamber of Skilled Crafts in whose district a service is to be provided for the first time is responsible.
- 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
You may temporarily and occasionally practise the relevant craft requiring a license without being established 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 in the country of establishment was provided in a regulated profession or a profession with state-regulated training or the activity in the country of establishment was carried out full-time or as corresponding part-time employment for at least 1 year in the last 10 years.
In the trades of chimney sweeps, opticians, audiologists, orthopaedic technicians, orthopaedic shoemakers and dental technicians, the activity may only be commenced after notification from the Chamber of Skilled Crafts that no re-examination of the professional qualification has taken place or that a sufficient professional qualification has been established.
In the other trades listed in Annex A to the Crafts Code, the activity may be commenced immediately after notification and proof of the required documents (Section 8 (1) EU/EEA HwV).
If further provision of services in Germany is intended, the notification must be repeated informally on an annual basis.
The follow-up notification must be submitted to the Chamber of Skilled Crafts where the initial notification was submitted (if the intention is to continue providing services in Germany during the period in question). Failure to comply with the notification obligation in accordance with Section 118 (1) No. 7 HwO in conjunction with Section 10 EU/EEA HwO. § 10 EU/EWR HwV is subject to a fine.