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

Unofficial table of contents

1. DV Freedom of establishment EEC

Date of completion: 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 14 May 1971 (BGBl I). 677), as defined by Article 9 of the Regulation of 21 May 1976 (BGBl I). 1249).

Status:

Amended by Art. 9 V v. 21.5.1976 I 1249

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 30.5.1976 + + +) Unofficial table of contents

Input formula

On the basis of Article IV of the Law on the Implementation of the Directives of the European Economic Community on the freedom of establishment and 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 free movement of services of 14 December 1970 (Bundesgesetzbl. I p. 1709), after the draft has been forwarded to the Bundestag for information, the Federal Government shall, with the consent of the Bundesrat, assign: Unofficial table of contents

§ 1

- Unofficial table of contents

§ 2

Proof of competence, expertise or professional competence is for a foreigner, who is a national of a Member State of the EEC, for:

1.

the retail trade in 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 Kostenergesetz Amending Act of 23 June 1970 (Bundesgesetzbl. 805) (Section 4 (2) of the Act on Professional Training in 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 Criminal Law);

3.

the distribution of orders, honour marks and religious orders (§ 14 para. 1 of the Law on Title, Order and Honor of 26 July 1957, Federal Law Gazette). 844), as last amended by the First Law on the Reform of Criminal Law of 25 June 1969 (Bundesgesetzbl. 645);

under the conditions laid down in Article 3 of this Regulation, as provided.

Footnote

§ 2 No. 1 italic print: Medicinal Products Act of 16 May 1961, cf. Pharmaceuticals Act v. 24.8.1976 I 2445 Unofficial table of contents

§ 3

(1) The proof of competence, expertise or professional competence referred to in Article 2 of this Regulation shall be deemed to have been provided if the foreigner has pursued such activity in another Member State of the EEC as follows:

a)

three years uninterrupted as a self-employed person or in a leading position;

b)

two years as a self-employed person or in a leading position, if he is able to prove, for the occupation in question, prior training, confirmed by a certificate recognised by the State or by a competent professional institution as is fully recognised;

c)

two years uninterrupted as a self-employed person or in a leading position and, in addition, in the profession in question, three years as an independent or

d)

three years uninterrupted as an independent person, if he/she can prove for the profession in question a prior training which is confirmed by a certificate recognised by the State or is recognized by a competent professional institution as being fully valid.

(2) In the cases referred to in paragraph 1 (a) and (c), the activity as a self-employed person or in a leading position, calculated from the date on which the application was submitted, may not have been completed more than ten years ago. (3) sufficient proof of shall also be considered if the applicant has not pursued the three-year activity referred to in paragraph 1 (a) uninterrupted but the exercise has not been terminated more than two years ago. (4) Paragraph 1 shall apply to the person who is involved in an industrial or commercial operation of the corresponding Occupational branch was active

a)

as the head of the undertaking or a branch;

b)

as a substitute for the entreptite or the head of the undertaking, where that position has a responsibility which corresponds to that of the representative of the undertaking or of the head of the undertaking, or

c)

in a leading position with commercial tasks and with the responsibility for at least one department of the company.

(5) The proof that the conditions set out in paragraphs 1 to 4 are fulfilled shall be furnished by the applicant by means of a certificate issued by the competent authority of the country of origin. Unofficial table of contents

§ 4

(1) The proof of subject-matter is for a foreigner who is a national of a Member State of the EEC for the production of jodiertem meal salt (§ 11 para. 2 of the Ordinary on Dietetic Food of 20 June 1963, Bundesgesetzbl. 415, as last amended by the Third Amendment Ordinance of 22 December 1965, Federal Law Gazette. 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 person or as an operating manager,

b)

three years uninterrupted as a self-employed person or as an operating manager, having received a three-year training course in the profession in question,

c)

three years continuous as a self-employed person and, in addition, in the profession in question for five years as an independent or

d)

five years in a leading position, of which at least three years in an activity with technical duties and responsibility for at least one department of the undertaking, after having completed a three-year training course in the profession in question .

(2) In the cases referred to in points (a) and (c) of paragraph 1, the activity, calculated from the date on which the application was submitted, may not have been completed more than 10 years. (3) The conditions laid down in paragraphs 1 and 2 shall be subject to a certificate of competent body 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. Unofficial table of contents

§ 5

(1) The certificates of training or empowerment or the pursuit of a professional activity within the territory of the country referred to in Article IV of the Act implementing the Directives of the European Economic Community on the freedom of establishment and the free movement of services

1.

for members of the craft trades and craft trades: the local Chamber of Crafts;

2.

for members of other professions, subject to the responsibility of other chambers of public law for their professional members: the local Chamber of Industry and Commerce.

(2) In the case where the applicant does not pursue a profession at the time of his application for the issue of the certificate, the responsibility shall be determined in accordance with the activity he has carried out most recently in the territory of the country. Unofficial table of contents

§ 6

This Regulation shall apply in accordance with Article 14 of the Third Law of the Convention of 4 January 1952 (Federal Law Gazly 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 freedom to provide services and in conjunction with Section 5 of the Second Law implementing the Directives of the European Economic Community on the freedom of establishment and the freedom to provide services also in the Land of Berlin. Unofficial table of contents

§ 7

This Regulation shall enter into force on the day following that of its announcement.