Nationals of an EU member state or an EEA signatory state who are established in another EU member state or EEA signatory state and who are authorised to carry on a trade in the respective country, may pursue these activities temporarily and occasionally in Austria at the same conditions as Austrian citizens. It is not necessary to provide proof of competence if the commercial activity is regulated in the state of establishment or if regulated training within the meaning of Directive 2005/36/ EC has been completed or if in the event that the commercial activity or training is not regulated the service provider carried on business for at least one year during the preceding 10 years in the state of establishment.

If they wish to carry on a regulated trade, they have to notify the competent authority before taking up this activity (notification of services). This advertisement must be renewed once a year if the company intends to provide services in Austria during the year in question.

No specific deadlines have to be met.

Federal Ministry of Labour and Economy ( ? BMAW) , ^{German text} Abt. IV/6a
E-Mail: post.iv6a_19@bmdw.gv.at

The Federal Ministry for Labour and Economy has to review the advertisement in case of notices of the first admission of a regulated activity. Within one month, the advertiser has to be:

• provided with a confirmation of the receipt of the documents;
• informed which documents are missing or that there is no objection to the exercise of the activity (if necessary).

In the case of the trades named in section 373a paragraph 5 (2) of the Gewerbeordnung, it is also examined whether there is a risk of serious damage to public health or safety or the health or safety of the service recipient due to the lack of professional qualifications of the service provider. If such an impairment is not to be feared, this must be notified to the notifier within one month of receipt of the complete file. The exercise of the activity is permissible from the date of receipt of this notice.

If, in the course of the examination procedure, a serious risk to health and safety is to be expected due to the lack of professional qualifications of the service provider, a decision will be issued on the condition precedent of taking an aptitude test or an adaptation period.

For legal entities:

• Attestation about the lawful establishment in the member or contracting state
• Attestation regarding activities previously pursued exercise of the activity concerned
• Professional qualification of the responsible legal representative
  
• For certain trades, additional proof is required, e.g. about the absence of criminal records ( e.g. security trade, arms trade) or about the conclusion of liability insurance ( e.g. real estate trustee)
  

For natural persons:

• Certificate of citizenship of a member state of the EU or of a signatory state of the EEA
• Attestation about the lawful establishment in the member or contracting state
• Certificate of eligibility for the business activity in the home member State
  
• Certificate of professional competence (evidence of formal qualifications, certificate of competence or proof of professional experience)
• Attestation of previous activity (in the case of commercial activities which are not regulated in the country of origin)
• For some trades, specific documents are required ( e.g. security and arms industry: proof of absence of criminal record, real estate trustee: proof of liability insurance)

In the case of renewal of the notification of service, in the case of significant changes, the documents serving to prove the changes shall be attached to the advertisement.

There are no stamp duties and federal administration fees.

Related Links

• Cross-border services ( ? Federal Ministry of Labour and Economy)

Section 373a of the Gewerbeordnung 1994 ( GewO 1994)

I have noted that the data provided by me, as well as any data received by the administration over the course of the preliminary investigation, will be automatically processed as per article 6, para. 1 lit. c and e of the General Data Protection Regulation in accordance with the underlying material laws of the legal process. Furthermore, I am aware that this is for the purpose of executing the legal procedure initiated by me, the granting of regulatory approval and also for the purpose of review. I have read the general information regarding: 

• the right to access, rectification, erasure, restriction of processing, withdrawal and objection, as well as on data portability
• the right to lodge a complaint with the Austrian data protection authority
• the responsibilities of the process controller and the data protection officer as per https://datenschutz.stmk.gv.at.

Federal Ministry of Labour and Economy

4 April 2024