Notification of services for Austria – Posting to Austria
For the provision of services in Austria, certain foreign companies must provide a notification of services. We explain all important information on this topic in our short blog.
Who has to provide a notification of services?
Companies who are established in one of the EU member states/EEA contracting states (Iceland, Norway, Liechtenstein) and, under certain circumstances, Switzerland, and who are authorised to carry out commercial activities there, may occasionally and temporarily do so under the same conditions as Austrian nationals. In the case of regulated trades, the first commencement of the activity must be notified in advance by means of a notification of services.
Who is excluded from the freedom to provide services?
If the service is a free trade, a notification of services is not necessary. However, the regulations governing the exercise of the trade must be observed. Chimney sweeps are also excluded if they are obliged to carry out safety-relevant activities (depends on national regulations!).
Companies that are regulated trades or parts of trades are bound by the certificate of competence. If the activity is regulated in the country of establishment, if there is regulated training or if the service provider has carried out the activity commercially for at least one year during the last 10 years, the certificate of competence is not required.
What is meant by temporary and occasional?
The duration of the activity is not defined by law. The “temporary” and “occasional” are judged as being in the individual case on the basis of the continuity, duration, frequency and return of the activity. Nevertheless, it is also legally possible, for example in the context of a major project, for the service to extend over a longer period.
When is there no longer a service provision?
If a company from an EU/EEA member state or, under certain circumstances, from Switzerland wishes to carry out an activity in Austria on a systematic basis, it must establish a branch office. Similarly, trade activities do not constitute the provision of services, as they are covered by the free movement of goods.
How must the notification of services be provided?
Before the first provision of services, a service declaration must be submitted in writing to the BMDW, which is then valid for one year. Therefore, do not forget to renew the advertisement annually. Within one month, the BMDW must acknowledge the receiving of the documents and inform you which documents are missing. If there is no reaction from the BMDW after the 2nd month following the receiving of the complete documents, the foreign company may provide the service.
The costs depend on the number of businesses concerned and the volume of documents. The necessary forms for the service notification can be found here.
Which trades must be checked by the BMDW in advance?
In the case of certain trades, the BMDW checks in advance before the first activities in Austria whether the service provider is likely to cause serious damage to the safety or health of the public or the recipient of the service due to a lack of professional qualifications. You can find out which trades are affected here.