Travel trade; application for a permit by EU citizens

In contrast to a commercial activity in a standing trade, no trade notification is required for the exercise of a traveling trade, but rather an official permit (traveling trade card) (Section 55 (2) of the Trade, Commerce and Industry Regulation Act - GewO).

The district administrative authority in whose district you have your habitual residence is responsible for issuing the traveling trade license.

A traveling trade is carried out by anyone who sells or purchases goods or offers services outside their commercial establishment or without having a commercial establishment (§ 55 Para. 1 No. 1 GewO). This includes, in particular, visiting homes or stores (door-to-door sales) without prior appointment or offering goods and services on the street or in squares, e.g. from non-fixed sales stands.

A traveling trade is also exercised by anyone who carries out entertaining activities as a showman or in the manner of a showman (typical fairground business; § 55 Para. 1 No. 2 GewO).

If the business owner is a partnership without its own legal personality, a travel trade license must be issued for each partner engaged in the travel trade.

Certain activities do not require a travel trade license (Section 55a GewO), e.g. offering goods for sale occasionally at trade fairs, exhibitions, public festivals or on special occasions with the permission of the responsible municipality or the sale of home-grown products from agriculture and forestry, vegetable growing, fruit growing and horticulture, poultry farming and beekeeping as well as hunting and fishing.

However, some of the trades that do not require a travel trade license are subject to notification to the responsible municipality (§ 55c GewO), unless the trade is already subject to trade notification (§ 14 GewO). These are

• offering goods for sale, soliciting orders, offering services or soliciting orders for services in the municipality of his place of residence or commercial establishment, provided that the municipality has no more than 10,000 inhabitants (Section 55a para. 1 no. 3 GewO),
• the sale of foodstuffs or other everyday consumer goods from a non-fixed sales outlet or other establishment at regular, shorter intervals at the same location (§ 55a Para. 1 No. 9 GewO),
• the offering for sale of printed works on public paths, streets, squares or in other public places (Section 55a (1) No. 10 GewO).

Certain activities are prohibited in the traveling trade, e.g. the sale of poisons and goods containing poisons, breakable bands, electromedical devices, securities, precious metals (Section 56 GewO).

Showmen must take out liability insurance for certain activities (Showmen's Liability Ordinance).

The holder of a traveling trade license is obliged to carry it with him while carrying out the trade, to present it to the competent authorities or officials on request and to cease his activities on request until the traveling trade license has been obtained. On request, he must present the goods he is carrying.

If the holder of the traveling trade license does not carry out the activity in person, he is obliged to hand over a duplicate or a certified copy of the traveling trade license to the employees in the business if they are to come into direct contact with customers; this also applies if the employees are working at a different location to the holder (Section 60c (2) GewO).

The prerequisite for a license is the reliability of the trader.

The trader's reliability is checked on the basis of documents issued in the country of origin which prove that the reliability requirements are met. It may be required that a certified copy of the documents and a certified German translation be submitted. If such documents are not issued in the country of origin, they may be replaced by an affirmation in lieu of an oath by the trader or comparable acts under the law of the country of origin.

Duration of the procedure approx. 2 - 4 weeks

• valid identity card or passport
• Proof of good repute from the country of origin in the form of a certified copy and a certified German translation;
  Replacement by affirmation in lieu of an oath or similar acts, if applicable
• for registered companies: Extract from the commercial register or comparable registration documents from abroad (with German translation)
• in the case of power of attorney: a written power of attorney and identification of the principal and the authorized representative

• Travel trade license: EUR 30 to 4500 in accordance with the Schedule of Costs under the Costs Act (Tariff No. 5.III.5/23.1.1)
• Certificate for notification pursuant to Section 55c GewO: EUR 25 to 100 (Tariff No. 5.III.5/23.5)