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

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First Regulation implementing Directives on the freedom of establishment and freedom to provide services in the European Economic Community (1. DV Freedom of establishment EEC)

Non-official table of contents

1. DV Freedom Of Establishment EEC

Date of expiry: 14.05.1971

Full quote:

" First Regulation implementing Directives on the freedom of establishment and freedom to provide services in the European Economic Community of the 14. May 1971 (BGBl. 677), as defined by Article 9 of the Regulation of 21 December 2008. May 1976 (BGBl. I p. 1249) "

:Modified by Art. 9 V v. 21.5.1976 I 1249

See Notes

Footnote

(+ + + Text credits: 30.5.1976 + + +) for more information on the stand specification. name="BJNR006770971BJNE000100312 " />Non-Official Table of Contents

Input Formula

Based on Article IV of the law implementing European directives Economic Community on the freedom of establishment and the freedom to provide services of 13 August 1965 (Bundesgesetzbl. 849) and on the basis of Article 2 of the Second Law implementing the Directives of the European Economic Community on the freedom of establishment and the freedom to provide services of 14. December 1970 (Bundesgesetzbl. I p. 1709), after the draft has been forwarded to the Bundestag for information, with the approval of the Federal Council, the Federal Government shall assign: Non-official Table of Contents

§ 1

- Non-official table of contents

§ 2

The proof of expertise, expertise, or professional competence is for a foreigner, who is a national of a Member State of the EEC, for
1.
retail trade with foodstuffs and with medical aids, in so far as these are not medicinal products within the meaning of Section 1 of the Medicines Act of 16. May 1961 (Bundesgesetzbl. 533), as last amended by the Costing Act of 23. June 1970 (Bundesgesetzbl. 805), (Section 4 (2) of the Act on the Professional Training of the Retail Trade of 5. August 1957, Bundesgesetzbl. 1121), as last amended by the Introductory Act on the Law on Administrative Offences of 24. May 1968 (Bundesgesetzbl. 503);
2.
the trade in non-precious metals (Section 2 (4) of the Law on the Transport of Unnoble Metals, as last amended by the First Law on the Reform of the State of the Union) criminal law);
3.
the distribution of orders, honour marks and orders (§ 14 para. 1 of the Law on Title, Order and Honor of 26). July 1957, Bundesgesetzbl. 844), as last amended by the First Law on the Reform of the Criminal Code of 25 June 2002. June 1969 (Bundesgesetzbl. 645);
under the conditions set out in § 3 of this Regulation.

Footnote

§ 2 No. 1 italic print: Medicinal Products Act of 16 May 1961, cf. now drug law v. 24.8.1976 I 2445 Non-official table of contents

§ 3

(1) The proof of expertise, expertise or professional competence in accordance with § 2 of these Regulation shall be deemed to have been provided if the foreigner in another Member State of the EEC has pursued such activity as follows:
a)
three years uninterrupted as a self-employed or in a senior position;
b)
two years uninterrupted as Self-employed person or in a leading position, if he can prove, for the profession in question, prior training, confirmed by a certificate recognised by the State or recognised by a competent professional institution as fully qualified
c)
two years as a self-employed person or in a leading position, and also in the profession in question, three years as an independent or
d)
three years uninterrupted as an independent person, if he/she can demonstrate prior training for the profession in question, which is recognized by a state recognised
() In the cases referred to in points (a) and (c) of paragraph 1, the activity may be self-employed or in a leading position, from the date on which the person concerned is entitled to Application to be expected, not completed more than ten years ago.(3) A sufficient proof shall also be considered if the applicant has not exercised the three-year activity referred to in paragraph 1 (a) uninterrupted, but the exercise has not been terminated more than two years ago.(4) An activity in a leading position within the meaning of paragraph 1 shall be exercised by the person who has worked in an industrial or commercial operation of the relevant professional branch
a)
as the head of the company or a branch;
b)
as the deputy of the entreprentee or the head of the company, if this position is associated with a responsibility that is the responsibility of the representative or manager of the company is or
c)
in a leading position with commercial tasks and with responsibility for at least one department of the enterprise.
(5) The proof, that the conditions laid down in paragraphs 1 to 4 are fulfilled shall be provided by the applicant by means of a certificate issued by the competent authority of the country of origin. Non-official table of contents

§ 4

(1) The evidence of the facts is for a foreigner who is a national of a Member State of the EEC, for the production of jodiertem meal salt (Article 11 (2) of the Decree on Dietetic Food of 20). June 1963, Bundesgesetzbl. 415, as last amended by the Third Amendment of 22. December 1965, Bundesgesetzbl. 2140), if it has carried out this activity in another Member State, in accordance with the following conditions:
a)
six years uninterrupted as a self-employed or as an operating manager,
b)
three years uninterrupted as Self-employed person or manager, having received a three-year training in the profession in question,
c)
three years uninterrupted as a self-employed person; and in addition, in the profession in question, five years as an independent or
d)
for five years in a leading position, of which at least three years in an activity with technical tasks and the responsibility for at least one department of the undertaking after having received a three-year training in the profession in question.
(2) In the cases referred to in paragraph 1 (a) and (c), the activity may: from the date on which the application was submitted, not more than ten years before the date of application.(3) The conditions laid down in paragraphs 1 and 2 shall be established by a certificate issued by the competent authority of the country of origin. In the cases referred to in points (b) and (d) of paragraph 1, the training provided must be certified by a certificate recognised by the State or recognised by a competent professional institution as being fully competent. Non-official table of contents

§ 5

(1) The certificates of training or empowerment or the exercise of a professional activity in the home country Pursuant to Article IV of the Law on the Implementation of the Directives of the European Economic Community on the freedom of establishment and the freedom to provide services, points out that: style="font-weight:normal; font-style:normal; text-decoration:none; ">
1.
for craft and craft-like professions: the locally responsible Chamber of Crafts;
2.
for members of other professions, subject to the responsibility of other public service chambers for their related activities. Members of the profession: the local Chamber of Commerce and Industry.
(2) When the applicant does not issue a profession at the time of his application for the issue of the certificate, the responsibility for the certificate shall be determined by the applicant in the following: Domestically exercised activity. Non-official table of contents

§ 6

This regulation applies in accordance with Section 14 of the Third Transfer Act of 4. January 1952 (Bundesgesetzblatt I p. 1) in conjunction with Article V of the Law implementing the directives of the European Economic Community on the freedom of establishment and the freedom to provide services and in conjunction with § 5 of the Act on the freedom of establishment and the freedom to provide services. Second Act on the implementation of directives of the European Economic Community on freedom of establishment and freedom to provide services, including in the Land of Berlin. Non-official table of contents

§ 7

This Regulation enters into force on the day after it is announced.