Procedure of declaration for provision of services on a temporary or occasional basis in the case of pursuing regulated professions or professional
If you wish to practise your profession in another Member State on a temporary basis, the rules that apply are more flexible than if you wish to establish yourself on a permanent basis, provided that you meet certain conditions. Provision of services on a temporary or occasional basis means that the service provider provides services for a limited period of time in a Member State of the EU, EEA or the Swiss Confederation where he/she is not legally established.
In most cases, you do not need to submit your qualifications for approval and you can practise your activity straight away. However, you may be obliged to provide a certain amount of information to the authority of the host Member State.
What conditions must you meet to benefit from the freedom to provide services?
- You must be legally established in one of the 27 Member States of one of thefollowing three countries: Norway, Iceland, Liechtenstein.
- If the country in which you are established does not regulate the profession for which you are qualified nor the course preparatory to the pursuit of that profession, the host Member State may require you to have practised the profession in question for two years in the State of establishment.
However, this requirement may not apply to you if you are an architect who enjoys automati recognition of if you practise a profession in the fields of trade, industry or business referred to and you meet the conditions for benefiting from automatic recognition under the establishment system.
- You are physically on the territory of the host Member State.
You are an architect and you are legally established as employed or self-employed in Austria In Slovenia you were selected on public tender for the construction of new shopping center (for the provision of planning service). You will provide service for 6 month as building will lasts. Before the provision of service you will have to submit a written declaration.
Prior to the first provision of services in Slovenia the service provider must submit a written declaration, to the competent authority, done on the official forms, and in case of a material change in the situation occurs after the commencement of services.
The information that must be provided:
- the personal data of the service provider
- data on insurance coverage or other means of personal or collective protection with regard to professional liability and must be accompanied by the following documents:
- proof of the nationality of the service provider;
- an attestation certifying that the service provider is legally established in a Member State of the EU, EEA or the Swiss Confederation for the purpose of pursuing the activities concerned, and that he/she is not prohibited from practicing, even temporarily, at the time of delivering the attestation;
- evidence of professional qualifications;
- when the profession is not regulated in the Member state of establishment, proof that the service provider has pursued the activity concerned continuously or in a total duration of at least 2 years during the previous 10 years;
- for professions in the security sector, where a Member State of the EU, EEA or the Swiss Confederation so requires for its own nationals, evidence of no criminal conviction.
The competent authorities of the Republic of Slovenia may require the service provider to furnish the recipient of the service with any or all of the following information:
- if the service provider is registered in a commercial register or similar public register, the register in which he/she is registered, his/her registration number, or equivalent means of identification contained in that register;
- if the activity is subject to authorisation in the Member State of the EU, EEA or the Swiss Confederation where he/she is established, the name and address of the competent supervisory authority;
- any professional association or similar body with which the service provider is registered;
- the professional title or, where no such title exists, the formal qualification of the service provider and the Member State of the EU, EEA or the Swiss Confederation in which it was awarded;
- if the service provider performs an activity which is subject to VAT, the VAT identification number referred to in Article 79 of the Value Added Tax Act (Official Gazette, No. 117/06);
- details of any insurance coverage or other means of personal or collective protection with regard to professional liability.
Within one month of receipt of the application and accompanying documents, the competent authority must either inform the service provider of its decision not to check his/her qualifications or issue a decision on the recognition of professional qualifications, or notify the service provider of the reason for the delay.
If the profession is not regulated in the state of origin, the service provider must have provided the services in the state of establishment continuously or cumulatively for at least two years in the last 10-year period, before he/she may start providing these services in Slovenia.
The written notification must be extended at the time of the first occasional performance of services in Slovenia in a given calendar year if the service provider has already performed those services in Slovenia.
Services are subject to notification to the Employment Service of Slovenia.