Professional Qualifications - Recognition of Qualifications in the field of Agriculture and Forestry

Detailed Ausbildungs- und Prüfungsordnungen [Training and Examination Regulations] (AusbO) are enacted by the Lehrlings- und Fachausbildungsstellen [Institutions for Apprentice Training and Technical and Vocational Training] (LFAs) based on the Land- und Forstwirtschaftliche Berufsausbildungsgesetze [Austrian Vocational Training Acts for Agriculture and Forestry] (LFBAGs) or the Land- und forstwirtschaftliche Berufsausbildungsordnungen [Vocational Training Regulations for Agriculture and Forestry] (LFBAOs).

The Oö. Land- und forstwirtschaftliches Berufsausbildungsgesetz 1991 [Upper Austrian Vocational Training Act for Agriculture and Forestry of 1991] provides for the vocational training in one of the 15 fields of vocational training available in agriculture and forestry. The Institution for Apprentice Training and Technical and Vocational Training for Agriculture and Forestry shall issue certificates on the completion of vocational trainings under this state law, upon request.

The Oö. Berufsqualifikationen-Anerkennungsgesetz [Upper Austrian Act on the Recognition of Professional Qualifications] (Oö. BAG) applies to the recognition of professional qualifications under this state law, unless explicitly otherwise specified in this state law.

Certificates of training and examination issued under this state law correspond to the level of qualification set forth in sub-point i of point b of Article 11 of Directive 2005/36/EC of the European Parliament and the Council of 7 September 2005 on the recognition of professional qualifications, OJ no. L 255 of 30 Sep. 2005, p. 22 as amended by Directive 2013/55/EU of the European Parliament and the Council of 20 November 2013, OJ no. l 354 of 28 Dec. 2013, p. 132.

The authority shall confirm the receipt of documents to the applicant within one month after submission of the application and shall inform them which documents might be missing.

The authority shall take a decision regarding applications for recognition of professional training and qualifications within four months after the submission of complete applications.

Upper Austrian Institution for Apprentice Training and Technical and Vocational Training for Agriculture and Forestry Oberösterreich - Land- und forstwirtschaftliche Lehrlings- und Fachausbildungsstellen (lehrlingsstelle.at)

Auf der Gugl 3
4021 Linz

The Institution for Apprentice Training and Technical and Vocational Training for Agriculture and Forestry shall issue certificates on the completion of vocational trainings under this state law, upon request.

In case of a recognition of professional qualifications in the context of the freedom of establishment under the Upper Austrian Act on the Recognition of Professional Qualifications (Oö. BAG), the individual professional qualifications will be allocated to the qualification levels set forth in Article 11 of Directive 2005/36/EC according to the regulations under the state law applicable to the relevant professional activity or in the course of the relevant recognition procedure.

If a precondition for taking up or exercising a professional activity regulated under the state law is the possession of certain professional qualifications, the authority shall approve the take-up or exercise of this activity, if the applicant holds a certificate of competence or training that is required in a state pursuant to Sec. 1 line 1 of the Oö. BAG for taking up or exercising this activity and which was issued by the competent authority of this state.

If a state does not require a certificate of competence or training pursuant to Sec. 1 line 1 of the Oö. BAG for a certain professional activity, the authority shall approve the take-up or exercise of this activity pursuant to Sec. 6 (2) of the Oö. BAG, if the applicant 

1. has exercised this professional activity for at least one year in a full-time occupation or for a corresponding period in a part-time occupation within the last ten years; and
2. holds a certificate of competence or training that was issued by the competent authority of such state and certifies the preparation for the relevant professional activity. Professional experience pursuant to line 1 is not necessary, if a certificate of training regarding a regulated training course was submitted.

The authority shall recognise the level of training certified by the state of origin pursuant to Art. 11 of Directive 2005/36/EC. The same applies to certificates by which the state of origin certifies that a training pursuant to sub-point i of point c of Article 11 of Directive 2005/36/EC is equivalent to a training pursuant to sub-point ii of point c of Article 11 of Directive 2005/36/EC.

The authority shall reject the take-up or exercise of a professional activity regulated under a state law, if the regulation under such state law provides for a qualification level pursuant to point e of Article 11 of Directive 2005/36/EC and the applicant only holds a certificate of competence or training corresponding to point a of Article 11 of Directive 2005/36/EC.

No electronic or personal signature of the application is required.

Certificate of competence or training pursuant to point a of Article 11 of Directive 2005/36/EC.

Sec. 10 (1) and (2) of the Upper Austrian Act on the Recognition of Professional Qualifications (Oö. BAG) provides that the following documents shall be attached to applications for the recognition of a professional qualification:

1. proof of nationality;
2. a copy of the certificates of competency or training and, if required, a certificate on the professional experience gained;
3. in case of a recognition pursuant to Art. 9, a certificate issued by the competent authority or the body in the country of origin on the type and duration of the activity; and
4. insofar as that is provided for under the state law, a certificate that the exercise of the profession was not prohibited, temporarily or finally, and that the applicant has no criminal record.

The authority may request the applicant to submit information on their training, insofar as that is necessary to determine whether such deviates essentially from the training required under the state law. If the applicant is able to credibly show that they are unable to submit such information, please approach pursuant to Sec. 24 (4).

Sec. 10 (3) to (8) of the Upper Austrian Act on the Recognition of Professional Qualifications (Oö. BAG) provides that, if a precondition for taking up a profession is, according to the state law, the submission of a certificate of reliability or a certificate of non-insolvency or that the practice of such profession shall be suspended or prohibited in the event of serious professional misconduct or a criminal offence, documents issued by competent authorities in the country of origin certifying that such requirements are met, shall be considered sufficient evidence. If the above-mentioned documents were not issued in the country of origin, they may also be replaced by an affidavit or – in countries in which not affidavit applies – by a solemn declaration which the affected person made before the competent judicial or administrative authority or before a notary public or any other authorised professional organisation of the country of origin that issues a certificate confirming this affidavit or solemn declaration.

If the applicant needs, under the regulations of state law, a certificate on appropriate health conditions for taking up the profession, the relevant certificate required in their country of origin shall suffice. If no such certificate is required in their country of origin, the authority shall recognise the certificate issued by the competent authority of this country, insofar as the competent authority transmits it within two months.

If a certificate on the financial capacity of the applicant or any proof of a sufficient professional liability insurance is required to take up a profession, a relevant certificate issued by a bank or insurance in another member state will be accepted as sufficient proof.

The certificates pursuant to para. 3 to 5 must not be older than three months upon submission.

If the authority has justified doubts, it may request the competent authority in the country of origin to provide a confirmation of the authenticity of the certificates issued in each state and request proves of training.

The documents mentioned in this provision shall be submitted, including a translation prepared by sworn translators, if required.

Enquiries, official acts and official copies in matters subject to the Upper Austrian Vocational Training Act for Agriculture and Forestry of 1991 are exempted from charges and duties under state laws.

Sec. 19 of the Austrian Vocational Training Act for Agriculture and Forestry, Federal Gazette no. 298/1990 provides that submissions for apprentices in matters subject to the federal laws, certificates of examination issued for apprentices and certificates on passing the skilled worker examinations (Sec. 17 (3)) as well as certificates proving the attendance of specialist courses (Sec. 6) and those proving special abilities (Sec. 11) are exempted from stamp duties and federal administration levies.

Principle on the freedom to provide services (Sec. 13 of the Oö. BAG)

The provisions set out in this section apply in the event that the person providing the service enters the territory of the state in order to exercise the professional activity, temporarily or occasionally. The temporary and occasional character of providing the services shall be assessed by the authority on a case-by-case basis, in particular based on duration, frequency, periodicity, and continuity of the service.

The exercise of a professional activity subject to a state law in the context of the freedom to provide services is permitted in relation to the recognition of professional trainings and qualifications, notwithstanding any other provisions applicable to the freedom to provide services, if:

1. the person providing the service is entitled to exercise the relevant professional activity in the country in which they are established; and
2. the person providing the service exercised the relevant profession legally for at least one year in the  member state in which they are established, over a period of the past ten years, unless such profession is subject to regulations in such state.

Persons exercising a professional activity in the territory of the state under the freedom to provide services, are subject to the provisions of the laws of such state.

Deviating from para. 3, persons providing services are not subject to an obligation to be members of a professional organisation regulated under state law, unless such membership serves the application of disciplinary provisions and unless it is an automatic, temporary registration or pro-forma membership which neither delays the provision of the service nor causes any additional costs.

A complaint can be filed against notifications issued by the Upper Austrian Institution for Apprentice Training and Technical and Vocational Training for Agriculture and Forestry before the Landesverwaltungsgericht [State Administrative Court]. The complaint shall state the appealed notification and the authority which issued it. It shall state a request and the reasons on which the alleged unlawfulness is based. The complaint can be filed within four weeks after receipt of the notification, in writing, with the Upper Austrian Institution for Apprentice Training and Technical and Vocational Training for Agriculture and Forestry, which is established with the Landwirtschafts­kammer für Oberösterreich [Chamber of Agriculture for Upper Austria] and shall include information allowing for an assessment of its timeliness.

Upper Austrian Vocational Training Act for Agriculture and Forestry of 1991

Sec. 19 of the Vocational Training Act for Agriculture and Forestry, Federal Gazette no. 298/1990

Upper Austrian Act on the Recognition of Professional Qualifications (Oö. BAG)

Article 11 of Directive 2005/36/EC of the European Parliament and the Council of 7 September 2005 on the recognition of professional qualifications, OJ no. L 255 of 30 Sep. 2005, p. 22 as amended by Directive 2013/55/EU of the European Parliament and the Council of 20 November 2013, OJ no. l 354 of 28 Dec. 2013, p. 132.

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Last update: 01.02.2021