responsibility finder
Schleswig-Holstein

Apply for exemptions from prohibitions in travel trade

Source: Zuständigkeitsfinder Schleswig-Holstein (Linie6PLus)

Service Description

The following activities are prohibited in the travel trade; exceptions may be permitted in individual cases:

  • Distribution of
    • poisons and goods containing poisons
    • (exception: plant protection products, pesticides and wood preservatives for which a test certificate with a test mark has been issued in accordance with building regulations)
    • hernia bands, medical bandages, medical support apparatus and bandages, orthopaedic foot supports, spectacles and eyeglasses
    • (exception: safety glasses and ready-to-wear reading glasses)
    • electromedical devices including electronic hearing aids
    • (exception: devices with direct exposure to heat)
    • securities, lottery tickets, subscription and share certificates for securities and lottery tickets
    • (Exception: sale of lottery tickets as part of approved lotteries for charitable purposes on public ways, streets or squares or other public places)
    • Writings distributed with the promise of premiums or winnings
  • Offering and purchase of
    • Precious metals (gold, silver, platinum and platinum by-metals) and alloys containing precious metals in any form, as well as goods with precious metal overlays (Exception: silver jewelry up to a selling price of 40.00 euros and goods with silver overlays)
    • precious stones, gemstones and synthetic stones as well as pearls
  • Offering alcoholic beverages
    (Exception: beer and wine in tightly closed containers, alcoholic beverages from self-produced products of viticulture, agriculture or orcharding and horticulture, the purchase of alcohol for the production of liqueurs and spirits from fruit, plants and other agricultural raw materials, where the raw materials are not fermented themselves and alcoholic beverages, which are served in the context of and for the duration of an event from a fixed place of business for consumption on the spot)
  • Conclusion as well as brokering of repurchase transactions (pawnbroking) and brokering of loan transactions against payment for the borrower.

In individual cases, exceptions to these prohibitions may be permitted if, according to the circumstances of the individual case, there is no danger to consumers or the public and no concerns arise from the person of the applicant or other circumstances. These exceptions must be applied for at the responsible office.

The exemption permit is limited to the area of responsibility of the issuing authority.

The content of the exemption permit can be restricted (e.g. to certain types of events), it can be issued with a time limit and it can be linked to conditions. It is also possible to add, change and supplement conditions at a later date.

The holder of an exemption permit is obliged to carry it with him while carrying on the business, to show it to the competent authorities or officials on request and to cease his activities on request until the exemption permit is obtained.

Anyone wishing to operate a traveling trade always requires a permit, a so-called traveling trade card.


Process flow

If you have submitted an application for an exemption from the prohibitions on itinerant trade to your competent authority and all documents are complete, the competent authority will check whether you meet the relevant requirements.

If you meet all the requirements, you will be granted an exemption from the prohibitions on itinerant trade.

You may not start the activity until you have received the written granting of the exemption.

Competent authority
  • Depends on the respective state law
  • NRW: Local regulatory authorities
Requirements
  • In order for the competent authority to grant you an exemption from the prohibitions on itinerant trade, you must already be in possession of an itinerant trade card.
  • According to the circumstances of the individual case, there must be no danger to consumers or the public, and there must be no objections to an exemption on account of your person or other circumstances.
Which documents are required?
  • Travel trade card (if required; §§ 55a, 55b GewO)
  • Identity card or passport with registration certificate
  • If applicable, documents documenting the project

The competent authority may request further documents.

What are the fees?

Is based on the respective administrative fee regulations of the state or on the fee statutes of the bodies responsible under state law.

What deadlines do I have to pay attention to?

The written issuance of the exemption is mandatory to wait before you start the activity.

Processing duration

If the documents are complete, the application will be processed promptly.

Legal basis
Appeal
  • Opposition (depending on the state law, the objection may be excluded)
  • Administrative court action
Applications / forms
  • Written form required: no
  • Online procedure possible: yes (if offered)
  • Personal appearance required: no
  • Information on the business start-up portal of the Federal Ministry for Economic Affairs and Energy on the subject of trade/travel
Author

The text was automatically translated based on the German content.

Technically approved by

Federal Ministry of Economics and Climate Protection

Professionally released on

08.09.2022

Process flow

If you have submitted an application for an exemption from the prohibitions on itinerant trade to your competent authority and all documents are complete, the competent authority will check whether you meet the relevant requirements.

If you meet all the requirements, you will be granted an exemption from the prohibitions on itinerant trade.

You may not start the activity until you have received the written granting of the exemption.

Competent authority

  • Depends on the respective state law
  • NRW: Local regulatory authorities

Requirements

  • In order for the competent authority to grant you an exemption from the prohibitions on itinerant trade, you must already be in possession of an itinerant trade card.
  • According to the circumstances of the individual case, there must be no danger to consumers or the public, and there must be no objections to an exemption on account of your person or other circumstances.

Which documents are required?

  • Travel trade card (if required; §§ 55a, 55b GewO)
  • Identity card or passport with registration certificate
  • If applicable, documents documenting the project

The competent authority may request further documents.

What are the fees?

Is based on the respective administrative fee regulations of the state or on the fee statutes of the bodies responsible under state law.

What deadlines do I have to pay attention to?

The written issuance of the exemption is mandatory to wait before you start the activity.

Processing duration

If the documents are complete, the application will be processed promptly.

Legal basis

Appeal

  • Opposition (depending on the state law, the objection may be excluded)
  • Administrative court action

Applications / forms

  • Written form required: no
  • Online procedure possible: yes (if offered)
  • Personal appearance required: no

  • Information on the business start-up portal of the Federal Ministry for Economic Affairs and Energy on the subject of trade/travel

Author

The text was automatically translated based on the German content.

Technically approved by

Federal Ministry of Economics and Climate Protection

Professionally released on

08.09.2022

Further information and offers