Professional user of pesticides - Recognition of Professional qualifications from other EU/EEA countries

Under Section 11(1) of the Austrian Plant Protection Act (Pflanzenschutzgesetz), persons who use plant protection products  professionally must hold a plant protection product identification document or a certificate issued in another country or Member State of the European Union under the regulations applicable in that country or Member State in accordance with Article 5 of Directive 2009/128/EC. The plant protection product identification document is issued by the competent district authority upon proof of the necessary technical knowledge and skills.

On request, the Provincial Government must issue a decision on the recognition of professional qualifications and evidence of formal qualifications in accordance with Directive 2005/36/EC on the recognition of professional qualifications from another Member State as a substitute for training under Section 11a(1) of the Plant Protection
Act.

Appropriate supporting documents must be attached to the application, such as:

 evidence of formal qualifications,
 evidence of the content and scope of the training completed (curricula and similar),
 evidence of professional practice,
 proof of identity.

Further evidence may be required depending on the specific case.

Where recognition requires an adaptation period or an aptitude test, recognition shall be granted on the condition subsequent that it shall be revoked if the adaptation period or aptitude test is not completed within 4 years of recognition. 

The following costs must be paid at the end of the procedure:

a fee of EUR 47.30 for the application in accordance with the Austrian Fees Act (Gebührengesetz),
a fee of EUR 83.60 for a copy of the decision in accordance with the Fees Act,
a provincial administrative levy of EUR 76.30 for a copy of the decision in accordance with the Austrian Administrative Charges Regulation (Verwaltungsabgabenverordnung).

The other costs depend on the number of annexes submitted (EUR 3.90 per sheet (= four DIN A4 pages), up to a maximum of EUR 21.80 per attachment).

Plant Protection Act, LGBl. No 58/2007, as amended
Plant Protection Products Ordinance, LGBl. No 15/2014, as amended

The application for recognition of professional qualifications from other EU/EEA Member States as a substitute for training under Section 11a(1) of the Plant Protection Act shall be confirmed by the Provincial Government within 1 month along with notification of any missing documents. The Provincial Government must issue a decision within 4 months of the submission of the complete dossier.

If recognition cannot be granted because of substantial differences from training under Section 11a(1) of the Plant Protection Act and these are not counterbalanced by knowledge based on professional practice, the applicant shall be required to complete either an adaptation period or an aptitude test at their discretion. The applicant will be given the opportunity to take the aptitude test within 6 months of the decision on the recognition of the professional qualification.

Pflanzenschutzmittelverwender - Anerkennung von Berufsqualifikationen aus anderen EU/EWR-Mitgliedstaaten [Professional user of pesticides - recognition of professional qualifications from other EU/EEA Member States]

Amt der Vorarlberger Landesregierung, Abteilung Landwirtschaft und ländlicher Raum (Va) [Department Va - Agriculture and rural development of the Office of the Provincial Government of Vorarlberg]

The application must be authenticated or signed.

Decisions may be appealed against. The appeal must be submitted in writing within 4 weeks to the authority that issued the decision. The time limit begins with the delivery of the written application or, in the case of an oral announcement, with the latter.

The appeal must also indicate the decision against which it is directed and include the relevant authority, the basis for asserting unlawfulness, the form of order sought, and the information required in order to assess whether the appeal has been filed in time. An appeal is no longer admissible if, after the issuance or announcement of the decision, the party expressly waives the appeal.

Moreover, all decisions must contain instructions on the right of appeal, including information on the authority with which the appeal must be filed and the corresponding deadline.

EAP Vorarlberg  

Assistenzzentrum nach der EU-Berufsanerkennungsrichtlinie 2005/36/EG 
Contact: Mag. Irene Linke
Bundesministerium für Arbeit und Wirtschaft
Stubenring 1 
1010 Wien 
T +43 1 71100 805446 F +43 1 71100 935446 irene.linke@bmaw.gv.at post.i7@bmaw.gv.at
http://www.bmaw.gv.at/ 

Abteilung Va – Landwirtschaft und ländlicher Raum beim Amt der Vorarlberger Landesregierung [Department Va - Agriculture and rural development of the Office of the Provincial Government of Vorarlberg]
Office: Josef-Huter-Straße 35, 6900 Bregenz                                                 
Postal adress: Landhaus, Römerstraße 15, 6901 Bregenz
T +43 5574 511 25105
F +43 5574 511 92519
landwirtschaft@vorarlberg.at

08.02.2021