Executive Order on the exercise of a profession as a person responsible for operation on the basis of foreign professional qualifications

Section 1. This Executive Order applies to persons who are nationals of an EU country, the European Economic Area or of a country with which the EU has entered into an agreement on access to the pursuit of regulated professions, and who intend to pursue or pursue a profession as a person responsible for operation in Denmark.

Subsection 2. Section 12 applies mutatis mutandis to persons who are nationals of a third country who seek to be approved as a person responsible for operation on the basis of foreign professional qualifications.

Section 2. In this Executive Order, the definitions of Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications and Directive 2013/55/​EU of the European Parliament and of the Council of 20 November 2013 amending Directive 2005/36/EC on the recognition of professional qualifications and Regulation (EU) no. 1024/2012 on administrative cooperation through the Internal Market Information System (the "IMI Regulation") shall apply.

Section 3. Persons with foreign professional qualifications may exercise the profession of person responsible for operation in Denmark in a company responsible for operation that handles the operation of the electrical system, if the persons in question meet the requirements of this Executive Order.

6. Proof that the notifier has obtained or, on the basis of his/her professional qualifications, can obtain approval as a technically responsible person in an authorised electric installation company, in accordance with the Executive Order on the Practice of the Profession of Technically Responsible Person Within the Field of Electric Installations Based on Foreign Professional Qualifications, and documentation for relevant practical experience with the operation of electrical plants, in conjunction with Section 11 of the Executive Order on the Safe Operation of Electrical Plants, can be used as documentation instead of fulfilling no. 3, 1st part, and no. 5, if it can be certified that, at the time of the attestation, the notifier is not prohibited from practising professionally in an authorised electric installation company, including not temporarily.

Subsection 3. Service providers who are covered by the Directive of the European Parliament and of the Council on the recognition of professional qualifications may, using the single point of contact, forward notifications and documentation electronically.

Section 5. A notifier for whom complete documentation is available pursuant to Section 4 (2), is registered by the Danish Safety Technology Authority as an approved person responsible for operation.

Subsection 2. The Danish Safety Technology Authority notifies the notifier of registration, cf. subsection 1, and confirms that the notifier may temporarily and occasionally conduct activities in Denmark as a person responsible for operation for up to 1 year from the submission of the notification, cf. Section 4, cf. however Section 6 (1-2) and Section 7(2).

Subsection 3. If the title of person responsible for operation or equivalent profession is regulated in the country mentioned in Section 1 (1) where the notifier is established, temporary or periodic exercise of the profession in Denmark must take place under the title used in the country of establishment, cf. however Section 7 (2).

Subsection 4. If the title of person responsible for operation or equivalent profession is not regulated in the country where the notifier is established, the notifier's certificate of education must be provided in connection with working as a person responsible for operation in Denmark, cf. however, Section 7 (2).

Subsection 5. The title, cf. subsection 3, or the provision of the certificate of education, cf. subsection 4, must be indicated in the official language of the country of establishment or one of the official languages ​​of the country of establishment, cf. Section 7 (2).

Section 6. In order to avoid serious harm to the health or safety of the recipient of the services, the Danish Safety Technology Authority may check the professional qualifications of the notifier before the individual, either temporarily or periodically, commences work as person responsible for operation in Denmark.

Subsection 2. If there is a significant difference between the notifier's professional qualifications and the education required in Denmark pursuant to the Executive Order on the Safe Operation of Electrical Plants, the person who intends to engage in activities, either temporarily or periodically, as a person responsible for operation in Denmark must prove to the Danish Safety Technology Authority that they have acquired the necessary knowledge or skills. The Danish Safety Technology Authority may require the notifier to pass an aptitude test, cf. however, subsection 3.

Subsection 3. Before deciding on the aptitude test, the Danish Safety Technology Authority must check whether the notifier is able to prove to the Danish Safety Technology Authority that the individual has acquired the missing knowledge and competence through relevant professional experience or lifelong learning formally certified by a relevant body. The check will not be performed if the notifier meets the requirements set out in Section 15.

Subsection 4. The Danish Safety Technology Authority ensures that the notifier has the opportunity to pass the aptitude test within 6 months after the decision that the applicant must take an aptitude test. The further requirements for the aptitude test shall be determined by the Danish Safety Technology Authority.

Subsection 5. The notifier may be charged a fee, cf. Section 12 of the Act on Recognition of Certain Educational and Professional Qualifications, for the costs of conducting an aptitude test, cf. subsection 2, or for participation in supplementary education.

Section 7. A notifier for whom complete documentation is available, pursuant to Section 4 (2), and whose professional qualifications can be confirmed by the Danish Safety Technology Authority on the basis of a completed inspection or aptitude test, pursuant to Section 6 (1) or (2), approval is granted as a person responsible for operation in a company responsible for operation.

Subsection 2. A notifier who has been notified approval as a person responsible for operation, cf. subsection 1, exercises the profession in Denmark under the title "person responsible for operation" and is registered by the Danish Safety Technology Authority as an approved person responsible for operation.

Section 8. The Danish Safety Technology Authority confirms receipt of the notification and documentation, cf. Section 4, within 1 month of receipt and informs the notifier within the same deadline as to whether the authority intends to check his or her professional qualifications, cf. Section 6 (1), or about the result of the inspection, cf. however, subsection 2.

Subsection 2. In case of any difficulties which may cause delays, the Danish Safety Technology Authority shall notify the reason for the delay and when a decision can be expected within one month of receipt of the notification and documentation.

Subsection 3. The Danish Safety Technology Authority shall make a decision on the basis of inspections within 2 months after receipt of notification and complete documentation, cf. however, subsection 4.

Subsection 4. If the result of the inspection results in an aptitude test, cf. Section 6 (2), a decision shall be made on the basis of the aptitude test within one month of the notification of the aptitude test to the notifier.

Subsection 5. If the Danish Safety Technology Authority has not provided an answer within the deadlines stipulated in subsections 1-4, the notifier may work as a person responsible for operation in Denmark, either temporarily or periodically.

Section 9. The Danish Safety Technology Authority may obtain the necessary information regarding the conditions outlined in Section 4 (2), no. 3, and no 6, last part, as well as whether the notifier, in his or her position or profession, has exhibited such conduct that there is reason to believe that the profession will not be exercised in a proper manner. The Danish Safety Technology Authority may also obtain information concerning the notifier's education, to the extent necessary to assess whether there are significant differences that could be harmful to public safety or health.

Subsection 2. The information may be obtained, in accordance with the Data Protection Act and the General Data Protection Regulation, from the competent authorities in the country where the notifier is established. In cases where there is a significant change in the situation as shown in the documents, the information may be obtained each time the person performs services as a person responsible for operation in Denmark.

Subsection 3. In accordance with the Data Protection Act and the General Data Protection Regulation, the Danish Safety Technology Authority may disclose information to the competent authorities in the countries indicated in Section 1 (1), for the purpose of dealing with appeals about the notifier's exercise of the profession as a person responsible for operation or an equivalent occupation.

Section 10. The notifier must renew the notification once a year, no later than 1 year after the submission or the latest renewal, if the person wishes to pursue a profession as a person responsible for operation in an authorised company temporarily or periodically during the coming year.

Subsection 2. The person must submit new documentation in connection with renewed notification, cf. Section 4

(2), to the extent that significant changes have taken place in relation to the documentation already submitted.

Subsection 3. The Danish Safety Technology Authority confirms the renewal of the notifications, pursuant to subsection 1, if the conditions as stated in Section 5 (1) are still met.

Section 11. If the notifier has not been able to document the necessary professional qualifications for the pursuit of the profession of person responsible for operation in Denmark after having been given an opportunity to do so, cf. Section 6 (1) or (2), the Danish Safety Technology Authority may prohibit the notifier from exercising the profession until the notifier has proved that they have acquired the necessary professional qualifications.

Subsection 2. If, on the basis of new information about the conditions indicated in Section 9 (1) or Section 10 (2), it is established that the conditions, cf. Section 5 (1), for the pursuit of a profession as a person responsible for operation in a company responsible for operation are no longer met, the Danish Safety Technology Authority may prohibit the notifier from exercising the profession in Denmark until the conditions have again been met.

Section 12. Anyone wishing to establish themselves as a person responsible for operation in Denmark must enclose the following documentation when applying to the Danish Safety Technology Authority for approval as a person responsible for operation:

1. Proof of the nationality of the applicant.
2. Copy of any course diplomas or certificates of education that give access to practising the profession of person responsible for operation, or other relevant course diplomas or certificates of education.
3. Certificate of any professional experience on the part of the applicant as a person responsible for operation or equivalent profession, including if the applicant has practiced such a profession for at least 1 year on a full-time basis or for a corresponding total duration on a part-time basis during the preceding 10 years in one of the countries specified in Section 1 (1), where the profession as a person responsible for operation or the education for the profession is not regulated, cf. however Section 15 (1).
4. Proof that the notifier has obtained or, on the basis of his/her professional qualifications, can obtain approval as a technically responsible person in an authorised electric installation company, in accordance with the Executive Order on the Practice of the Profession of Technically Responsible Person Within the Field of Electric Installations Based on Foreign Professional Qualifications, and documentation for relevant practical experience with the operation of electrical plants, in conjunction with Section 11 of the Executive Order on the Safe Operation of Electrical Plants, can be used as documentation instead of fulfilling no. 2 and 3, if it can be certified that, at the time of the attestation, the notifier is not prohibited from practising professionally in the home country or the country from where the applicant comes from in an authorised electric installation company, including not temporarily.
5. 4) Documentation that it is not forbidden for the applicant to pursue a profession as a based on foreign professional qualifications or equivalent occupation in the country of origin or in the country that the applicant comes from, including not temporarily.
6. Documentation that the applicant has not exhibited such conduct in his position or profession such that there is reason to believe that the profession will not be exercised in a proper manner.
7. Documentation that the applicant is of legal age, is not under guardianship and has access to manage his own estate.

Subsection 2. Documentation covered by subsection 1, no 4, last part, and nos 5-7, must upon submission, have been issued within the last 3 months.

Subsection 3. Application and documentation pursuant to subsection 1 can be sent electronically via the single point of contact.

Section 13. The Danish Safety Technology Authority confirms receipt of the application for approval as a person responsible for operation within 1 month of receipt and informs the applicant of any missing documentation.

Subsection 2. The applicant can send documentation electronically via the single point of contact.

Section 14. In case of justified doubt, the Danish Safety Technology Authority may require confirmation of the authenticity of certificates of education and diplomas, cf. Section 12 (1), no. 2, from the competent authorities in the country in which the certificates or diplomas have been issued.

Subsection 2. If a certificate of education issued by a competent authority in one of the countries specified in Section 1 (1) includes education which has been fully or partially taken at an educational institution that is lawfully established in another country, the Danish Safety Technology Authority may, in case of justified doubt, check the following together with the competent authority of the issuing country:

1. Whether the education at the respective educational institution is formally certified by the educational institution established in the issuing country.
2. Whether the certificate of education issued is the same as that which would be issued if the education had been taken in full in the issuing country.
3. If the diploma grants the same professional rights in the issuing country.

Section 15. The Danish Safety Technology Authority grants approval as a person responsible for operation to an applicant who wishes to be established in Denmark as a person responsible for operation in a company responsible for operation, cf. Section 3, and for whom there is complete documentation, pursuant to Section 12 (1), nos. 1-3 and 5-7, which documents that the person in question has carried on activities as a person responsible for operation or similar profession in one of the countries specified in Section 1 (1)

1. for 6 consecutive years as self-employed or as a senior executive, cf. however subsection 2,
2. for 3 consecutive years as self-employed or as a senior executive, after prior education in the relevant profession of at least 3 years, completed with a state-recognised diploma or assessed by a competent professional body as being sufficient,
3. for 4 consecutive years as self-employed or as a senior executive, after prior vocational education in the relevant profession of at least 2 years, completed with a state-recognised diploma or assessed by a competent professional body as being sufficient,
4. for 3 consecutive years as self-employed and for at least 5 years as an employee working with the respective profession, cf. however subsection 2, or
5. for 5 consecutive years in a management position, which consisted of at least 3 years of technical duties and with responsibility for at least one department of the company if the person concerned has completed a vocational education of at least 3 years in the profession concerned, completed with a state-recognised diploma or assessed by a competent professional body as being sufficient.

Subsection 2. Exercising the activities as specified in subsection 1, no. 1 and 4, may not have ceased more than 10 years prior to the date on which the application and complete documentation were submitted, cf. Section 12.

Section 16. The Danish Safety Technology Authority grants approval as a person responsible for operation to an applicant who, without fulfilling the conditions in Section 15, wishes to establish themselves in Denmark as a person responsible for operation and for whom there is complete documentation pursuant to Section 12, which document that the person in question has

1. one or more course diplomas or certificates of education that are required in a country as indicated in Section 1 (1) for exercising the profession of person responsible for operation within the electric installation field or a corresponding occupation, cf. subsection 2.
2. exercised the profession in question for a minimum of 1 year on a full-time basis or for a comparable total duration on a part-time basis during the previous 10 years in one of the countries indicated in Section 1 (1), in which the profession of person responsible for operation or the education for this profession is not regulated by law, and if the applicant holds one or more course diplomas or certificates of education within the profession, cf. subsection 2,
3. one or more certificates of education issued as evidence of regulated education directed at the pursuit of the profession concerned, cf. subsection 2, cf. however, Section 17, or
4. met the requirements of Section 12 (1), no. 4.

Subsection 2. Course or education certificates, cf. subsection 1, must meet the conditions in Section 20, cf. Section 21.

Section 17. The Danish Safety Technology Authority may require that an applicant whose professional qualifications as a person responsible for operation are to be recognised on the basis of the provisions in section 16 (1), nos. 1-3, as a condition for obtaining approval as a person responsible for operation in Denmark either undergoes a probationary period of up to 3 years or passes an aptitude test, as stated in Section 6 (2) and (4-5), according to their choosing, cf. however, subsection 2 and 4.

Subsection 2. Subsection 1 applies in compliance with the principle of proportionality.

Subsection 3. A probationary period or an aptitude test may only be required if

1. the education received by the applicant includes subjects or disciplines that differ significantly from those covered by the certificate of education required in Denmark, or
2. the profession of person responsible for operation in Denmark comprises one or more forms of regulated commercial activity which do not occur in the corresponding profession in the applicant's country of origin and cannot, therefore, be regarded as comparable activity, and if the difference is characterised by special training that is required in Denmark which includes subjects or disciplines that differ significantly from those covered by the course diploma or certificate of education presented by the applicant.

Subsection 4. Prior to deciding on the aptitude test, the Danish Safety Technology Authority must check whether the notifier can prove to the Danish Safety Technology Authority that he or she, through relevant professional experience or lifelong learning, which is formally certified by a relevant body, has acquired the missing knowledge and competence. The check will not be performed if the notifier meets the requirements set out in Section 15.

Subsection 5. The Danish Safety Technology Authority ensures that the notifier has the opportunity to pass the aptitude test within 6 months after the decision that the notifier must take an aptitude test.

Section 18. The Danish Safety Technology Authority shall make a decision, cf. Section 15 or Section 16, no later than 3 months after receipt of the application for approval as a person responsible for operation and complete documentation, cf. however, subsection 2.

Subsection 2. In case of difficulties which may cause delays, the deadline in subsection 1 will be extended by 1 month.

Subsection 3. The person who has been granted approval as a person responsible for operation, cf. subsection 1, exercises the profession under the title "person responsible for operation".

Section 19. The Danish Safety Technology Authority may, in accordance with the Data Protection Act and the General Data Protection Regulation, obtain the necessary information from the competent authorities in the home country regarding the matters referred to in Section 12 (1), no. 4, last part, and nos. 5-7, concerning the person who has been granted approval as a person responsible for operation in Denmark, pursuant to Section 15 or Section 16, or who has applied for such approval.

Subsection 2. The Danish Safety Technology Authority may, in accordance with Data Protection Act and the General Data Protection Regulation, communicate information to the competent authorities of the home country about the same conditions as mentioned in subsection 1.

Section 20. The applicant's course diplomas and certificates of education, cf. Section 16, must be issued by a competent authority designated in one of the countries specified in Section 1 (1), in accordance with the country's laws or administrative provisions, cf. however, subsection 2.

Subsection 2. Course diplomas or certificates of education, cf. Section 16, must certify that the applicant is prepared to practise as a person responsible for operation or an equivalent occupation.

Subsection 3. Course diplomas or certificates of education issued in a third country are treated as certificates of education, as mentioned in subsection (1), if the applicant has 3 years of professional experience as a person responsible for operation or an equivalent occupation in one of the countries listed in Section 1 (1), which have recognised that certificate as a prerequisite for practising the indicated profession.

Section 21. When applying for establishment as a person responsible for operation in a company responsible for operation, the applicant's course and training certificates, cf. Section 12 (1), no. 2, and Section 15 (1), no. 5, certify that the applicant has received further education, which includes the following subjects or disciplines:

1. Low-voltage systems.
2. High voltage systems.
3. Dimensioning of electrical plants.
4. Supply theory.

Subsection 2. Course diplomas or certificates of education, cf. Section 16, must certify that the applicant is prepared to practise as a person responsible for operation or an equivalent occupation.

Section 22. The decisions of the Danish Safety Technology Authority made pursuant to this Executive Order cannot be brought before another administrative authority.

1) The Executive Order contains provisions implementing parts of Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications, Official Journal 2005, no. L 255, page 22, as last amended by Directive 2013/55/​​EU of the European Parliament and of the Council of 20 November 2013 amending Directive 2005/36/EC on the recognition of professional qualifications and Regulation (EU) no. 1024/2012 on administrative cooperation through the Internal Market Information System ("IMI Regulation"), Official Journal 2013, No L 354, page 132.