First Regulation On The Implementation Of Directives On The Right Of Establishment And The Free Movement Of Services In The European Economic Community

Original Language Title: Erste Verordnung zur Durchführung von Richtlinien über die Niederlassungsfreiheit und den freien Dienstleistungsverkehr in der Europäischen Wirtschaftsgemeinschaft

Read the untranslated law here: http://www.gesetze-im-internet.de/niederlfrhewgdv_1/BJNR006770971.html

First regulation on the implementation of directives on the right of establishment and the free movement of services in the European Economic Community (1 DV establishment EEC) 1 DV establishment EEC copy date: 14.05.1971 full quotation: "first regulation on the implementation of directives on the right of establishment and the free movement of services in the European economic community by May 14, 1971 (BGBl. I p. 677), by article 9 of the Decree of 21 May 1976 (BGBl. I S. 1249) is changed" stand : As amended by art. 9 V v. 21.5.1976 I 1249 for details on the stand number you see in the menu see remarks footnote (+++ text detection from validity: 30.5.1976 +++) input formula on the basis of article IV of the Act to carry out the directives of the European economic community on the freedom of establishment and free provision of services by the 13 August 1965 (Bundesgesetzbl. I S. 849) and on the basis of § 2 of the second law for the implementation of directives of the European economic community on the freedom of establishment and free provision of services by December 14, 1970 (Bundesgesetzbl. I S. 1709) the Federal Government enacted after the draft is been forwarded to Parliament for information, with the consent of the Federal Council: section 1 - section 2 which is proof of this competence, the expertise or the professional competence for a foreigner who is a national of a Member State of the EEC, for 1 retailers with food as well as medical tools, as far as's are doing not medicines in the sense of § 1 of the German medicines Act of 16 May 1961 (Bundesgesetzbl. I p. 533), last amended by the Kostenermächtigungs Amendment Act of 23 June 1970 (Bundesgesetzbl. I p. 805), is (§ 4 par. 2 of the law on the exercise of the profession in the retail sector by August 5, 1957, Bundesgesetzbl.) I p. 1121), amended by the introduction of law to the law of administrative offences from May 24, 1968 (Bundesgesetzbl. I P. 503);
2. trading in base metals (§ 2 para 4 of the law on the marketing of base metal, as last amended by the first law for the reform of criminal law);
3. the distribution of medals, decorations and medal ribbons (§ 14 para 1 of the law about titles, orders and decorations of 26 July 1957, Bundesgesetzbl.) I p. 844), last amended by the first law for the reform of criminal law of 25 June 1969 (Bundesgesetzbl. I P. 645);
under the conditions specified in article 3 of this Regulation as provided.
Footnote § 2 No. 1 italic: medicines Act by the 16.5.1961 see now medicines Act v. 24.8.1976 I 2445 § 3 (1) is proof of this competence, the expertise or the professional qualification pursuant to section 2 of this Regulation as provided to see if the alien in another Member State of the EEC has exercised a corresponding activity as follows: a) three years continuously as a self-employed person or in a senior position.
is continuous as a self-employed person or in a senior position if he can show a previous training for the profession in question, confirmed by a nationally recognised certificate or by a relevant professional institution fully recognized as b) two years;
c) two years continuously as a self-employed person or Senior Executive, and also in the profession three years as a salaried or d) three years continuously as a dependent if he can demonstrate a previous training for the profession in question, is through a nationally recognized certificate confirmed or acknowledged by a competent professional body as fully satisfying.
(2) in the in paragraph 1 cases referred to in points (a) and c the activity as a self-employed person or in a senior position, by the time may be been expected to apply, finished more than ten years ago.
(3) when sufficient proof is also to see if the applicant letter a not continuously pursued the three-year activity referred to in paragraph 1, the exercise has been finished but not more than two years ago.
(4) carrying out activity in senior position within the meaning of paragraph 1, who has been involved in an industrial or commercial establishment of the relevant professional branch a) as Manager of the company or a branch;
b) as a representative of the contractor or of the head of the company, if a responsibility associated with this position which corresponds to that of the representative operator or Manager or c) in a senior position with commercial tasks, and with responsibility for one or more departments of the company.
(5) the proof that the requirements of paragraphs 1 to 4 are met, is to provide the applicant with a certificate of the competent authority of the country of origin.

§ 4 (1) is proof of the competence for a foreigner who is a citizen of a Member State of the EEC, for the production of iodized salt (section 11 paragraph 2 of the regulation on dietary foods by June 20, 1963, Bundesgesetzbl.) I p. 415, Bundesgesetzbl amended by the third amending Regulation by December 22, 1965,. I p. 2140) as provided to see if he has exercised this activity in another Member State in accordance with the following conditions: a) six years continuously as a self-employed person, or as a plant manager, b) three years continuously as a self-employed person, or as Manager, after he has received three years of training in the profession in question, c) three years continuously as a self-employed person, as well as also in the profession for five years as a salaried or d) five years continuously in a senior position , of which at least three years in an activity with technical duties and responsibility for one or more departments of the company, after he received a three-year training in the profession in question.
(2) in the cases of paragraph 1 letter a and c may expected the activity, from the date of submission to, terminated not more than ten years ago been be.
(3) the conditions be proven by a certificate of the competent authority of the country of origin under paragraphs 1 and 2. In the cases of paragraph 1 provided training through a nationally recognized certificate must be approved or recognized by a competent professional body as fully satisfying letters b and d.

§ 5 (1) the certificates of training or qualifications, or the exercise of a professional activity in Germany under article IV of the Act to carry out the directives of the European economic community on the freedom of establishment and the free movement of services are made of 1 for members of craft and craft-like professions: the locally competent Handwerkskammer.
2. for other professionals, subject to the competence of other public service profession Chambers for the professionals associated with them: the local industry and commerce.
(2) so the jurisdiction the applicant at the time of his application exerts on the certification no profession, is determined according to the activity exercised by him last in the domestic.

6. this Regulation shall apply to § 14 of the third of transfer Act of January 4, 1952 (Federal Law Gazette I p. 1) in conjunction with article V of the law on the implementation of directives of the European economic community on the freedom of establishment and the free movement of services and in connection with article 5 of the second act to carry out the directives of the European economic community on the freedom of establishment and the free movement of services in the State of Berlin.

Article 7 this regulation enters into force on the day after its announcement.