Obligations of persons temporarily providing services in the Czech Republic

7. 2. 2013 | Source: Ministry of Industry and Trade of The Czech Republic

Information for nationals of the EU, the EEA countries (Iceland, Liechtenstein, Norway) and Switzerland who intend to temporarily or occasionally provide licensed trade services in the Czech Republic.

Legislation on the temporary and occasional provision of services in the context of licensed trades in the Czech Republic

  • Act No 18/2004, on the recognition of professional qualifications and other competence of the nationals of EU Member States and amending certain laws (the Act on the Recognition of Professional Qualifications), as amended
  • Act No 455/1991, the Trade Licensing Act, as amended

These laws transpose the relevant legislation of the European Communities (the Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005, on the recognition of professional qualifications, and Articles 49 to 55 of the Treaty establishing the European Community).

Persons entitled to provide services temporarily and occasionally

Services may be provided temporarily and occasionally, within the scope of a business authorization, by

  • nationals of Member States of the European Union (i.e. Belgium, Bulgaria, the Czech Republic, Denmark, Estonia, Finland, France, Italy, Ireland, Cyprus, Lithuania, Latvia, Luxembourg, Hungary, Malta, Germany, the Netherlands, Poland, Portugal, Austria, Romania, Greece, Slovakia, Slovenia, Spain, Sweden, the United Kingdom), other States party to the European Economic Area Agreement (Iceland, Liechtenstein, Norway), the Swiss Confederation (hereinafter referred to as ‘Member State’), and members of their families (Article 2 of Directive 2004/38/EC of the European Parliament and of the Council),
  • legal persons whose internal relations are governed by the law of a Member State of the European Union or of another State party to the European Economic Area Agreement, or of the Swiss Confederation, and which have their registered office, headquarters or main place of business in those States,

if they are established in a Member State other than the Czech Republic in conformity with the law of the Member State of origin, they are authorized to engage in the relevant business activities.

Reporting duty of service providers in the field of regulated trades

A person who is established in another Member State and provides services temporarily or occasionally in the Czech Republic (hereinafter referred to as ‘service provider’), part of which entails the performance of a regulated activity constituting a trade, is entitled to carry out that activity without seeking recognition of professional qualifications in accordance with the Act on the Recognition of Professional Qualifications and without reporting the trade or seeking a concession in accordance with the Trade Licensing Act. The temporary or occasional nature of the performance of a regulated activity is assessed in particular in relation to the duration, frequency, regularity and continuity of the performance of the activity in the Czech Republic.

A natural person temporarily and occasionally providing services in the Czech Republic in respect of an activity forming the content of a vocational, professional or permitted trade is obliged to notify the provision of services in writing to the recognition authority, i.e. the Ministry of Industry and Trade, before commencing the performance of the regulated activity in the Czech Republic.

The natural person attaches the following documents to the notification:

  1. an identity card, a document proving nationality, and where appropriate a document confirming the legal status of the person to whom the legislation applies (in particular a member of the family),
  2. a document confirming that the person is established in the Member State of origin and that the person carries out activities in accordance with that State’s legislation, and that authorization to engage in these activities in the Member State of origin has not been revoked or suspended,
  3. evidence of professional qualifications,
  4. evidence that the person has carried out the activity in the Member State of origin for at least two years in the preceding ten years, or evidence of regulated training as professional preparation for the performance of the activity in the Member State of origin, if the activity is not regulated in the Member State of origin.

Legal persons temporarily and occasionally providing services are subject to the same obligation mutatis mutandis (they submit the documents under b). In relation to a legal person, evidence of professional qualifications or experience is produced by an appointed person responsible for the due provision of services.

Note:
The documents referred to in a) are submitted as copies. The recognition authority may demand the submission of the original of such documents for examination. The documents referred to in 3b) to d) are submitted as originals or officially certified copies if the authenticity of copies cannot be verified by way of administrative cooperation. Documents are submitted together with a translation into Czech, unless issued in Czech. If the recognition authority doubts the correctness of a translation and the correctness of the translation cannot be verified by way of administrative cooperation, it may demand the submission of an officially certified translation of the document into Czech by an interpreter registered in the register of experts and interpreters.

The service provider is required to report any changes in the facts set out in the notification and in the attached documents without undue delay. If the service provider intends to carry on a regulated activity temporarily or occasionally in the Czech Republic 12 months after the submission of a full notification, this notification must be re–submitted. If a notification is re–submitted, the documents must be produced only if there is a change in the facts previously evidenced.

The notification forms:

The recognition authority keeps separate records of information about an applicant and the facts reported by the applicant. On request, official copies may be made or extracts may be taken from these records, or confirmation of a particular entry or of the fact that a particular entry does not exist in the records may be issued provided that the applicant testifies to a legal interest.

Obligation of service providers to ensure the performance of certain activities by competent persons

Service providers are also required to arrange for the performance of activities which form the content of trades referred to in Annex No 5 of the Trade Licensing Act (link to Annex No 5 of the Act) solely by natural persons with due professional competence. The condition of professional competence is regarded as fulfilled if the person providing services produces proof, on behalf of persons in a salaried position performing the activity, of their education in the Member State of origin training them to carry out the activity or, if the activity is not regulated in the Member State of origin, proof that they have carried on the activity for at least two years in the preceding ten years. The trade licensing office ensures compliance with this obligation during checks.

Obligations of all persons temporarily and occasionally providing services

During checks, natural and legal persons temporarily providing services in the Czech Republic in the context of their business authorization in accordance with Articles 49 to 55 of the Treaty establishing the European Community in any activities which are classified as trades, irrespective of whether they are regulated activities, are obliged to prove to the trade licensing office their authorization to provide services by means of an identity card, evidence of their nationality, evidence that the person providing services is established in the Member State of origin and carries on the relevant activity in accordance with the legislation of that State.

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