Show significant changes in the cross-border provision of services in explosives law
Description
If you are a national of a member state of the European Union or a national of a state party to the Agreement on the European Economic Area and wish to exercise a commercial activity in explosives law in Germany for which you are legally established in one of these states, you must first notify the authority responsible for the recognition of professional qualifications of this intention.
As a service provider, you are also obliged to notify the competent authority of any significant changes of your own accord and to provide documentary evidence.
A significant change is, for example, the failure to pass a repeat examination required under foreign law or a foreign prohibition on practicing the trade that has been issued in the meantime.
There is also an obligation to notify the competent authority in the event of a change of employees, who must have the relevant qualifications.
The obligation to notify applies exclusively to natural persons.
- Nationality of an EU/EEA member state: The applicant is a national of a member state of the European Union or a contracting state of the Agreement on the European Economic Area (EEA).
- Legal establishment in the EU/EEA country of origin: The applicant is legally established in their EU/EEA country of origin for the purpose of exercising their trade and is active across borders in Germany without a branch.
- Self-employed commercial activity or activity as an employee in explosives law
One of the following proofs where the change has occurred:
- Proof of EU/EEA nationality (e.g. identity card or passport)
- Proof of legal establishment in the country of origin
- Proof that the exercise of the intended activity has not been prohibited
- Proof that you have no criminal record
- Proof of specialist knowledge in accordance with § 9 SprengG (Explosives Act)
- Proof of insurance cover or collective protection with regard to professional liability, insofar as such a requirement is also demanded for the activity in question by nationals (in Germany)
The amount of the costs depends on the applicable landing law.
The notification of changes must be made immediately after the changes occur.
The decision will be issued no later than three months after receipt of the complete documents, provided that there are no delays due to necessary inspections in the country of origin.
Appeal (appeal may be excluded depending on state law), administrative court action
- You notify the competent authority of the changes.
- Once you have submitted the application and all documents are complete, the competent authority will check whether all requirements for the notification of the change in the provision of your commercial activity have been met.
- The activity may be continued immediately after notification of the change, provided that no subsequent review is required.
- You will receive an acknowledgement of receipt from the competent authority stating whether a subsequent examination of your professional qualification is required. If a re-examination is necessary, you will be informed of the result of the re-examination within one month of receipt of the complete documents.
- In the event of any delays, the competent body will inform you of the reasons for the delay and a timetable for the decision.
§ Section 13a (6) sentence 1 of the Trade Regulation Act (GewO)
Ministry of Labor, Health and Social Affairs of the State of North Rhine-Westphalia
22.01.2025
The text was automatically translated based on the German content.
