Regulation on the conditions applicable to nationals of a Member State of the European Union or of another Contracting State to the Agreement on the European Economic Area or Switzerland Handcraft subject to authorisation (EU/EWR-Craft Regulation-EU/EWRHwV)
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EU/EWRHwV
Date of completion: 18.03.2016
Full quote:
" EU/EWR Craft Ordination of 18 March 2016 (BGBl. 509) "
| Replacement V 7110-1-7 v. 20.12.2007 I 3075 (EU/EWRHwV) |
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Notes
Footnote
(+ + + Text proof: 1.4.2016 + + +)
(+ + + For application cf. § § 9 (3), 10 (1) + + +)
(+ + + Official note from the norm-provider on EC law:
Implementation of the
ERL 36/2005 (CELEX Nr: 32005L0036) + + +)
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Input formula
Pursuant to Section 9 (1), first sentence, number 1 and 2 of the Craft Regulations, as amended by the Notice of 24 September 1998 (BGBl. 3074; 2006 I p. 2095), as last amended by Article 283 of the Regulation of 31 August 2015 (BGBl I). I p. 1474), the Federal Ministry for Economic Affairs and Energy is responsible for:
Section 1
Registration in the Craft Role
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§ 1 Exception for registration in the Craft role
Nationals of a Member State of the European Union, of another Contracting State to the Agreement on the European Economic Area or Switzerland, hereinafter referred to as the countries of origin, which are nationals of a Member State of the European Union for the exercise of a craft of Annex A of the Rules of Craft in the version of the Notice of 24 September 1998 (BGBl. I p. 3074; 2006 I p. 2095), as last amended by Article 283 of the Regulation of 31 August 2015 (BGBl. 1474), have a commercial establishment or wish to operate as a manager or manager of the business, an application for a derogation to be entered in the application in accordance with the following provisions shall be applied to the The role of the craft in accordance with Article 9 (1), first sentence, point 1, in conjunction with Section 7 (3) of the Craft Code shall be granted. The possibility of an exceptional authorization pursuant to Section 8 (1) of the Craft Code shall remain unaffected.
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§ 2 Recognition of professional experience
(1) An exceptional authorization shall be granted to those who have the necessary professional experience within the meaning of paragraphs 2 and 3 in the trade in question. The first sentence shall not apply to commercial activities as defined in Annex A (33) to (37) of the Rules of Crafts. (2) The necessary professional experience shall have persons who, in another country of origin, have at least one essential activity of the trade, in fact, and lawfully as Full-time employment or equivalent part-time employment, namely:
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for at least six years as a self-employed person or as an operator, provided that the activity has not been completed for more than 10 years prior to the date of application,
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for a period of at least three years as a self-employed person or as an operational manager, if at least three years ' training has been preceded by an activity,
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for a period of at least four years as a self-employed person or as an operational manager, if at least two years ' training has been preceded by the activity,
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for a minimum of three years as a self-employed person and at least five years as a worker, provided that the activity has not been completed for more than 10 years before the date of application; or
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for a period of at least five years in a managable position of a company, of which at least three years must be assigned to an activity with technical tasks and with the responsibility for at least one division of the undertaking, and which, in addition, has been preceded by at least three years of training in activity; this does not apply to the hairdressing sector in accordance with Annex A, point 38 of the Rules of Crafts and Crafts.
(3) Operations responsible within the meaning of paragraph 2 (1) to (3) shall be persons who are active in a company of the relevant industrial sector in the following position:
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as the head or head of the undertaking or branch,
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as a substitute or deputy of a holder or of a head of the undertaking or of a head of the undertaking where that position has a responsibility which is comparable to the responsibility of the person represented is, or
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in a leading position with commercial or technical tasks and with the responsibility for at least one department of the company.
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§ 3 Recognition of training and qualification certificates
(1) The derogation shall also be granted subject to the arrangement of compensatory measures in accordance with § 5, if the applicant or the applicant has acquired a professional qualification in another country of origin, which is a prerequisite for that qualification. for the exercise of at least one essential activity of the trade in question. The professional qualification must be proved by the submission of a certificate of training or qualification. (2) The derogation shall also be granted subject to the arrangement of compensatory measures in accordance with § 5, if the applicant or the applicant in another country of origin, where no specific professional qualification is necessary for the pursuit of the trade in question, has completed a regulated training. A regulated education is an education,
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is geared to the exercise of a particular profession and consists of one or more completed training courses, supplemented, where appropriate, by an internship or a professional practice; and
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whose structure and level
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are laid down by laws, regulations or administrative provisions; or
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must be controlled or approved by an authority designated for control and approval.
(3) The derogation shall also be granted subject to the arrangement of compensatory measures in accordance with § 5, if the applicant proves that he or he is in one of the other countries of origin in which neither the training of This occupation is still regulated by the profession itself, a substantial activity of the profession as full-time employment has actually and lawfully exercised at least one year or as a corresponding part-time employment and with a training or training programme, Proof of qualifications proves that they or he are technically qualified has been prepared for the exercise of this profession. Periods of employment which are longer than 10 years before the application is submitted are not taken into account. (4) Training courses which are successful in another country of origin on full or equivalent part-time basis in the context of training programmes , the professional qualifications referred to in paragraphs 1 to 3 shall be considered as equivalent to the professional qualifications referred to in paragraphs 1 to 3
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shall be recognised as equivalent by that State of origin in respect of the activity in question; and
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give the same rights or prepare for the exercise of that profession in respect of the taking up or pursuit of a profession in that State of origin.
This also applies when training has been carried out in another country of origin and, for reasons relating to the protection of the stock, also entitles the person to pursue an occupation if the professional qualification does not or no longer the current professional qualification. (5) Training which has been successfully completed in a State which is not a State of origin shall be equal to the professional qualifications referred to in paragraphs 1 to 3, if:
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another country of origin of the applicant, or the applicant, has, on the basis of that training, authorised the exercise of a profession in respect of which that country of origin presuppoes a certain qualification; and
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the applicant has pursued the profession there for at least three years as a full-time job or as a corresponding part-time job.
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§ 4 Common training framework and training exams
(1) The derogation shall also be granted if the applicant or the applicant in another State of origin has successfully completed a common training framework for the trade in question. A common training framework is a training framework based on Articles 49a and 57c of Directive 2005 /36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (OJ L 378, 27.12.2005, p. 22), as last amended by Directive 2013 /55/EU (OJ L 255, 30.9.2013, p. 132), has been adopted by the European Commission as a delegated act and has been introduced in the Federal Republic of Germany. A common training framework shall cover a common range of knowledge, skills and competences which are at least necessary for the exercise of the profession in question. (2) The derogation shall also be granted where the The applicant or the applicant in another country of origin has passed a joint training examination for the trade in question. A joint training examination is a training test, which was adopted by the European Commission as a delegated act on the basis of Articles 49b and 57c of Directive 2005 /36/EC and was introduced in the Federal Republic of Germany. The joint training test is a standardised aptitude test, which is reserved for the holders of a particular professional qualification.
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§ 5 Compensation measures
(1) The competent authority may, prior to the grant of an exceptional authorisation, take part in an adaptation period not exceeding three years, or the filing of an aptitude test, by the applicant or the applicant before granting an exemption. require, if
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the former training of the applicant or the applicant refers to subjects or fields of action which differ significantly from those covered by a national master's examination in the relevant craft, or
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the trade for which an application for a derogation is sought includes in the country essential activities which are not part of the profession in the country of origin of the applicant or of the applicant, and where that difference has been applied in the of a particular training which is required at home and which relates to subjects or fields of action which differ substantially from those covered by the evidence of formal qualifications or training submitted.
(2) Compensation measures shall not be arranged
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in the cases of § § 2 and 4,
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where the knowledge acquired by the applicant or the applicant in the course of work experience is appropriate to compensate for the differences referred to in paragraph 1; or
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if the knowledge, skills and competences acquired by the applicant or the applicant through lifelong learning, which are recognised as valid for this purpose by a competent authority or public institution of the other country of origin, , the main difference in terms of subjects or areas of action referred to in paragraph 1 (1); lifelong learning includes all activities of education, training and other forms of education, as well as the informal Learning throughout life, from which an improvement of Knowledge, skills and competences.
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§ 6 Recognition procedure, notification obligations and time limits
(1) The competent authority may require the applicant, or the applicant, in particular, to submit the following documents and certificates:
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proof of nationality,
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in the cases referred to in § § 2 and 3 (2), a certificate of the type and duration of the activity issued by the competent authority or public body of the other State of origin,
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in the cases referred to in Article 2 (2) (2), (3) and (5), a certificate of training by a State-recognised certificate or recognition of the training by a competent professional organisation of the other State of origin,
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in the cases referred to in § § 3 to 5, a certified copy of the certificate of competence, training or examination issued by the competent authority or public body of the other State of origin,
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in the cases referred to in Article 3 (5), a certificate of professional experience by the competent authority of the other country of origin, which has allowed the profession to be carried out, and
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Documents issued by the competent authority of the other Member State of origin and which prove that the exercise of the trade has not been prohibited on account of unreliability.
(2) Where the documents referred to in paragraph 1 are not issued in the other country of origin, they may be replaced by an insurance on oath or in countries of origin in which such a person does not exist, by means of a solemn declaration which shall: the applicant has submitted to a competent authority or public body or to a notary or notary of the other State of origin and which has been certified by that body. The documents may not be older than three months in the case of their submission. (3) The applicant or the applicant may be requested to provide information on their training or training, to the extent that this is necessary in order to determine whether: the conditions laid down in Article 5 (1) (1) or (2) are fulfilled In addition, the competent authority may contact the contact point or the competent authority or public body of the other Member State of origin in order to obtain the necessary information on the training of the applicant or of the applicant. (4) The competent authority shall confirm the receipt of the dossier to the applicant or the applicant within one month, and shall inform the applicant whether any documents are missing. No later than three months after the submission of the complete dossier, a decision must be taken in respect of an application in accordance with § § 2 to 4. This period may be extended by one month if this is justified on a case-by-case basis, in particular by reason of the extent or the actual or legal difficulties of the case. The extension of the time limit shall be justified by the competent authority and communicated to the applicant before the expiry of the period referred to in the second sentence of sentence 2. (5) Doubts as to the authenticity of the certificates and evidence of formal qualifications submitted or on the rights conferred by it, the competent authority shall, by means of a request from the competent authority or public body of the other Member State of origin, in particular using the internal market information system, have the authenticity or to review the rights conferred by this. The expiry of the period referred to in paragraph 4 shall be hammered up to a clarification. (6) If one or more of the health care workers of Annex A (A) (33) to (37) of the Craft Regulations (s) is to exercise the profession of profession by a public authority or a court of law wholly or in part, in part, permanently or temporarily, prohibited or restricted, the competent authority shall inform the competent authorities of the countries of origin of the
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the identity of the members of the profession,
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the business concerned,
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the competent authority or tribunal responsible for the decision,
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the extent of the restriction or subsatiation, and
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the period of validity of the restriction or subsatiation.
The same obligation shall apply in the case of a court finding that an applicant or an applicant has used forged evidence of professional qualifications. The notification shall be made no later than three days after the provisional or final adoption of the administrative or judicial decision. In particular, the Internal Market Information System shall be used for information purposes. (7) If a compensatory measure is required in accordance with Article 5 (1), the applicant or the applicant shall be informed and substantiated. The explanatory statement shall contain the reference to the level referred to in Article 11 of Directive 2005 /36/EC to which the professional qualifications submitted have been allocated and to the level of qualification of the national authorities responsible for carrying out an operational management activity. Article 11 (1) (c) of Directive 2005 /36/EC is required. In addition, the main differences identified are to be identified, for which no compensation could be provided. If an aptitude test is required as a compensatory measure, it is to be made possible and filed within six months from the date of access of the decision.
Footnote
(+ + + § 6 para. 3: For the application, see Section 10 (1) + + +) (+ + + § 6 (7): For application see Section 9 (3) + + +)
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§ 7 qualifying examination
(1) The aptitude test shall examine the professional knowledge, skills and competences of the applicants and shall assess whether the applicants are in a position to: (2) The aptitude test shall be carried out by the competent authority. It may instruate third parties to carry out the aptitude test. (3) The aptitude test shall cover subject matter,
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which are not covered by a comparison between the training required in the Federal Republic of Germany and the previous training of applicants for their diplomas, evidence of formal qualifications or other evidence and
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the knowledge of which is essential for the exercise of the profession.
Footnote
(+ + + § 7: For application, see Section 9 (3) + + +)
Section 2
Cross-border provision of services
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§ 8 Conditions for the provision of services
(1) nationals of a Member State of origin not having a commercial establishment domestiated shall be permitted to provide services temporarily and occasional in a craft of Annex A to the Craft Regulations, provided that: are lawfully established in another country of origin for the purpose of carrying out comparable activities. If the other State of origin does not require a specific professional qualification for the exercise of the activities in question, and the provider of the service or the provider does not have a regulated training within the meaning of 3 (2), second sentence, for the activities, the first sentence of paragraph 2 shall apply only where the activities in the other State of origin have been effectively and lawfully exercised as full-time employment for at least one year or as equivalent part-time employment. and not more than 10 years ago. (2) Intend Nationals of a State of origin to provide services for the first time in the craft of Annex A (12) or (33) to (37) of the Craft Regulations in the Federal Republic of Germany shall be required by the competent authority before the Provision of service provision for the professional qualification of the service provider or the provider of services if, taking into account the intended activity, a serious risk to the health of the service provider in the event of insufficient qualification or security of the recipients or recipients of services would be the case.
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§ 9 Display before service provision
(1) The service provider or service provider must notify the competent authority of the intended provision of a service in writing or in electronic form before the first-time action, while the presence of the service provider shall be subject to the following: Conditions laid down in § 8 (1) shall be proved by documents. The local authority for the advertisement depends on the place of the initial provision of services. (2) The conditions pursuant to § 8 (1) may be fulfilled, the service may be provided immediately after display, subject to sentence 2. Services in a craft of Annex A (12) or (33) to (37) of the Craft Regulations may not be provided until the Authority has either stated that no examination of the professional qualification referred to in Article 8 (2) is intended, or if a sufficient professional qualification has been established. § 10 (3) shall remain unaffected. (3) The competent authority shall issue an acknowledgement of receipt indicating whether the conditions pursuant to § 8 (1) are available and whether, in the case of § 8 (2), the professional qualification of the service provider or the service provider. The confirmation of receipt shall be issued within one month of receipt of the notification and of the complete documents. § 6 (7) and (7) shall apply accordingly. (4) If there is a substantial change in circumstances relating to the conditions for the provision of services, the amendment shall be notified in writing or electronically and the existence of the The requirements of § 8 must be proven by documents. Otherwise, the ad shall be repeated informally every twelve months since the last display, as long as the further provision of services is intended.
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§ 10 Post-examination of the professional qualification
(1) If the professional qualification is examined in accordance with Section 8 (2), § 6 (3) shall apply accordingly. The service provider or service provider shall be informed of the result within one month of receipt of the notification and of the complete dossier. In the event of a delay, the competent authority shall inform the service provider or the provider of the reasons for the delay and of the timetable for a decision. In such a case, the result of the verification shall be communicated no later than two months after receipt of the notification and the complete dossier. (2) The verification shall indicate that there is a significant difference between the Professional qualification of the service provider or the service provider and the training required in the Federal Republic of Germany, which is also provided by other documented relevant qualifications within the meaning of Article 5 (2) The competent authority shall not be able to compensate for the provide the service provider or the service provider with the opportunity, within one month of being informed of the outcome of the verification, to provide the necessary professional qualification within the meaning of Article 8 (2) To demonstrate knowledge, skills and competences, in particular through an aptitude test. If new documents are submitted at a later date, or proof of the necessary knowledge, skills and competences is provided, the professional qualification will be re-examined. (3) If the competent authority is the one referred to in paragraphs 1 and 2 (4) The verification that the professional qualification of the service provider or the service provider is sufficient within the meaning of Article 8 (2) shall be a to issue a certificate of this type. The certificate may be limited to a substantial part of the activities which are part of the craft of Annex A (12) or (33) to (37) of the Craft Regulations.
Section 3
Irregularities, entry into force, external force
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§ 11 Administrative Offences
In accordance with Section 118 (1) (7) of the Craft Code, who does not, contrary to § 9, paragraph 1, sentence 1, does not submit an advertisement, not right, not in full, not in the prescribed manner or not in time.
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§ 12 Entry into force, external force
This Regulation shall enter into force on the day following the date of delivery. At the same time, the EU/EEA Craft Trades Regulation of 20 December 2007 (BGBl. 3075).
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Final formula
The Federal Council has agreed.
