Executive Order on the Practice of the Profession of Technically-Responsible Person Within the Gas, Water and Drainage Field

Pursuant to Section 15, no. 4, Section 18 (2), and Section 36 (2) of Act no. 401 of 28 April 2014 on the Authorisation of Companies in the Electric, Plumbing and Sewerage Installation Field, the following is determined by order, pursuant to Section 4, no. 10, 12 and 23, of Executive Order no. 545 of 29 May 2017 on the delegation of powers to the Danish Safety Technology Authority.

Executive Order on the Practice of the Profession of Technically-Responsible Person Within the Gas, Water and Drainage Field Based on Foreign Professional Qualifications

Part 1: Scope

§ 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 technically-responsible person within gas, water and drainage and sewerage 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 technically-responsible person within gas, water and drainage and sewerage on the basis of foreign professional qualifications.

Subsection 3. Partial access to the profession may be granted in connection with temporary and occasional business practice and upon establishment, cf. Section 10 of the Act on Recognition of Certain Educational and Professional Qualifications.

Subsection 4. For the pursuit of a profession as a technically-responsible person for gas, water and drainage and sewerage, Part 4 of the Executive Order on the Authorisation and Operation of Companies within Electricity, Plumbing and Sewerage also applies.

§ 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.

§ 3. Persons with foreign professional qualifications can practice in Denmark as technically-responsible persons in

1) a plumbing installation company,

2) a sewerage company,

3) a company with sub-authorisation to conduct water and drainage installations for housing and industry, plumbing,

4) a home installation contractor in the field of water and drainage,

5) a company with sub-authorisation to perform bottled gas installations in mobile units, and

6) a company with approval in the gas field.

Subsection 2. Pursuit of the profession of technically-responsible person in one of the companies indicated in subsection 1 is subject to company authorisation or company approval in the gas field, cf. Section 9 (1), Section 10 (1) or Section 11 (1) of the Act.

Part 2: Temporary and periodic pursuit of the profession as a technically-responsible person in an authorised company

§ 4. Those who temporarily or periodically intend to pursue a profession in Denmark as a technically-responsible person in one of the companies mentioned in Section 3 (1) must, prior to commencement of business activities, submit a written notification to the Danish Safety Technology Authority.

Subsection 2. With notification pursuant to subsection 1, the following documentation must be attached:

1) Information about any insurance contract or other forms of personal or collective protection in connection with industrial liability.

2) Documentation of the notifier's citizenship in one of the countries indicated in Section 1 (1).

3) A certification that the notifier is legally established in one of the countries indicated in Section 1 (1) to carry out activities as a technically-responsible person in the field of gas, water and drainage or sewerage or similar occupations, and that at the time of the certification, the notifier is not prohibited from exercising that profession, neither fully nor temporarily.

4) Proof of the notifier's professional qualifications.

5) If the profession of technically-responsible person in the field of gas, water and drainage or sewerage or the education for the respective profession is not regulated in the country of establishment and the notifier does not fulfil one of the requirements in Section 15 (1), proof that the notifier has practiced the profession of technically-responsible person in the field of gas, water and drainage or sewerage or an equivalent occupation for at least 1 year on a full-time basis, or for a corresponding total duration on a part-time basis over the last 10 years, prior to notification in accordance with subsection 1, cf. Article 13 (2), of the Directive of the European Parliament and of the Council on the recognition of professional qualifications.

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.

§ 5. A notifier for whom there is complete documentation, pursuant to Section 4 (2), shall be registered by the Danish Safety Technology Authority as an approved technically-responsible person, indicating the person's field for the purpose of affiliation with a foreign company seeking or obtaining a company authorisation or company approval in the gas field, cf. however, Section 6 (1-2), and Section 7 (2).

Subsection 2. The Danish Safety Technology Authority notifies the notifier of registration, cf. subsection 1, and confirms that the notifier may temporarily and periodically pursue a profession in Denmark as a technically-responsible person in an authorised company or in a company with approval within the gas field, as mentioned in subsection 1, for 1 year from submission of the notification, cf. Section 4, cf. however, Section 6 (1-2) and Section 7 (2).

Subsection 3. If the title of technically-responsible person in the field of gas, water and drainage and sewerage 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 technically-responsible person in the field of gas, water and drainage and sewerage 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 technically-responsible person 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. however Section 7 (2).

§ 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 a technically-responsible person in the field of gas, water and drainage or sewerage 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 Approval of Technically-Responsible Persons for Electric, Plumbing and Sewerage Installations, etc., the person who intends to engage in activities, either temporarily or periodically, as a technically-responsible person 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 notifier 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.

§ 7. A notifier for whom there is complete documentation, pursuant to Section 4 (2), and whose professional qualifications can be confirmed by the Danish Safety Technology Authority on the basis of a completed check or aptitude test pursuant to Section 6 (1) or (2), shall be granted approval as a technically-responsible person in the field of gas, water and drainage or sewerage, cf. Section 14 (1), cf. (3) of the Act.

Subsection 2. A notifier who has been granted approval as a technically-responsible person, cf. subsection 1, exercises the profession in Denmark under the title "technically-responsible person" and is registered by the Danish Safety Technology Authority as an approved technically-responsible person, with the specification of the person's field, for the purpose of association with an authorised or approved company.

§ 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 technically-responsible person within the gas, water and drainage or sewerage field in Denmark, either temporarily or periodically.

§ 9. The Danish Safety Technology Authority may obtain the necessary information regarding the conditions outlined in Section 4 (2), no. 3, 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 legislation, 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 technically-responsible person in the field of gas, water and drainage or sewerage in Denmark.

Subsection 3. In accordance with the data protection legislation, 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 technically-responsible person in the field of gas, water and drainage or sewerage or an equivalent occupation.

§ 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 technically-responsible person in an authorised company or in a company licensed in the gas field, either temporarily or periodically during the coming year.

Subsection 2. The person must submit new documentation in connection with a renewed notification, cf. Section 4 (2), in so far as there have been significant changes to the documentation already provided.

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

§ 11. If the notifier has not been able to document the necessary professional qualifications for the pursuit of the profession of technically-responsible person in the field of gas, water and drainage or sewerage 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 technically-responsible person in an authorised company or in a company with company approval in the gas field 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.

Part 3: Establishment as a technically-responsible person

§ 12. Anyone wishing to establish themselves as a technically-responsible person in the field of gas, water and drainage or sewerage in Denmark must enclose the following documentation when submitting an application to the Danish Safety Technology Authority for approval as a technically-responsible person in one of these areas:

1) Proof of the nationality of the applicant.

2) Copy of any course diplomas or certificates of education that give access to practicing the profession of technically-responsible person in the field of gas, water and drainage or sewerage, or other relevant course diplomas or certificates of education.

3) Documentation for any professional experience on the part of the applicant as a technically-responsible person in the field of gas, water and drainage or sewerage or a corresponding occupation, including if the applicant has worked in such an occupation for at least 1 year full time or a corresponding total duration part time over the last 10 years in one of the countries specified in Section 1 (1), where the occupation of technically-responsible person in the field of gas, water and drainage or sewerage or the education for the respective occupation is not regulated by law, cf. however 15 (1), which follows from Article 17 in the Directive of the European Parliament and of the Council on the recognition of professional qualifications, proof of having practiced the occupation .

4) Documentation that it is not forbidden for the applicant to pursue a profession as a technically-responsible person in the field of gas, water and drainage or sewerage or equivalent occupation in the country of origin or in the country that the applicant comes from, including not temporarily.

5) 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.

6) 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, nos. 4-6, must have been issued within three months of the date of submission.

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

Subsection 4. The Danish Safety Technology Authority charges a fee in connection with an application for approval as a technically-responsible person, cf. subsection 1. The fee is set so as to ensure a balance between fee income and costs of the Danish Safety Technology Authority's administration of the scheme, and it is published on the Danish Safety Technology Authority's website.

§ 13. The Danish Safety Technology Authority confirms receipt of the application for approval as a technically-responsible person in the field of gas, water and drainage or sewerage 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.

§ 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.

§ 15. The Danish Safety Technology Authority issues approval for working as a technically-responsible person in the field of gas, water and drainage or sewerage, cf. the Act's Section 14 (1), cf. (3), to an applicant wishing to establish himself in Denmark as a technically-responsible person in an authorised company or in a company with approval in the gas field, cf. Section 3, and for whom there is complete documentation, pursuant to Section 12 (1), which documents that he or she has practiced the profession of technically-responsible person within the field of gas, water and drainage or sewerage or an equivalent occupation in one of the countries referred to 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.

§ 16. The Danish Safety Technology Authority issues approval for acting as a technically-responsible person in the field of gas, water and drainage or sewerage, cf. the Act's Section 14 (1), cf. (3) to an applicant who wishes to establish himself in Denmark as a technically-responsible person in the field of gas, water and drainage or sewerage without satisfying the requirements of Section 15 and for whom there is complete documentation, pursuant to Section 12, which documents that the respective person 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 technically-responsible person within the field of gas, water, drainage or sewerage 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 technically-responsible person in the field of gas, water and drainage or sewerage 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, or

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.

Subsection 2. Course diplomas or certificates of education, cf. subsection 1, must meet the requirements of Section 20 (1- 2), cf. Section 21, Section 22, Section 23 (1-2), Section 24 or Section 29.

§ 17. The Danish Safety Technology Authority may require that an applicant who is seeking recognition of professional qualifications as a technically-responsible person in the field of gas, water and drainage or sewerage, on the basis of the conditions mentioned in Section 16, may choose to undergo a probationary period of up to 3 years or to take an aptitude test as a condition for obtaining approval as a technically-responsible person in Denmark, as indicated in Section 6 (2) and (4-5), cf. however (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 technically-responsible person in the field of gas, water and drainage or sewerage 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. 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 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.

§ 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 technically-responsible person 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 technically-responsible person in the field of gas, water and drainage, gas or sewerage, cf. subsection 1, shall exercise the profession under the title "'technically-responsible person" for the purpose of being associated to an authorised company, cf. Section 3.

§ 19. In accordance with the the data protection legislation, the Danish Safety Technology Authority may obtain the necessary information from the competent authorities in the home country regarding the matters referred to in Section 12 (1), no. 4-6, about the person who has been granted approval as a technically-responsible person 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 the data protection legislation, communicate information to the competent authorities of the home country about the same conditions as mentioned in subsection 1.

§ 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.

Subsection 2. Course diplomas or certificates of education, cf. Section 16, must certify that the applicant is prepared to practice as a technically-responsible person in the field of gas, water and drainage or sewerage 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 technically-responsible person l in the field of gas, water and drainage or sewerage 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.

Part 4: Professional qualifications

Plumbing

§ 21. Upon application for establishment as a technically-responsible person in a company seeking or having obtained authorisation as a plumbing installation company, cf. Section 3 (1), no. 1, the applicant's course diplomas or certificates of education, cf. Section 12 (1), no. 2 and Section 15 (1), no. 5, certify that the applicant has received further education that includes the following subjects or disciplines:

1) Gas engineering.

2) Regulation, troubleshooting and servicing of small gas installations and equipment.

3) Heating engineering.

4) Water engineering.

5) Drainage engineering.

6) Quality management.

7) The Gas Regulation's requirements for small gas installations as well as the building regulation's requirements for water installations and drainage installations in buildings.

Subsection 2. Course diplomas or certificates of education, cf. Section 16, must certify that the applicant is prepared to practice as a technically-responsible person within the field of plumbing, gas, water and drainage or sewerage or an equivalent occupation.

Water and drainage installations

§ 22. Upon application for establishment as a technically-responsible person in a company with sub-authorisation to carry out water and drainage installations, both in homes and industry, cf. Section 3 (1), no. 3, the applicant's course diplomas or certificates of education, cf. Section 12 (1), no. 2 and Section 15 (1), no. 5, certify that the applicant has received further education that includes the following subjects or disciplines:

1) Water engineering.

2) Drainage engineering.

3) Quality management.

4) The Building Regulation's requirements for water installations and drainage installations in buildings.

Subsection 2. Course diplomas or certificates of education, cf. Section 16, must certify that the applicant is prepared to practice as a technically-responsible person within the field of water and drainage or an equivalent occupation.

Water and drainage installations in homes

§ 23. Upon application for establishment as a technically-responsible person in a water and drainage installation company for homes, cf. Section 3 (1), no. 4, the applicant's course diplomas or certificates of education, cf. Section 12 (1), no. 2 and Section 15 (1), no. 5, must certify that the applicant has received further education that includes the following subjects or disciplines:

1) Water engineering in homes.

2) Drainage engineering in homes.

3) Quality management.

4) The Building Regulation's requirements for water installations and drainage installations in homes and the associated installations.

Subsection 2. Reference is made to Section 13 and Appendix 1, Item. III, of the Executive Order on the Approval of Technically-Responsible Persons within the Field of Electric, Plumbing and Sewerage Installations and in the Gas Field, Etc.

Subsection 3. Course diplomas or certificates of education, cf. Section 16, no. 2 and 3, must certify that the applicant is prepared to practice as a technically-responsible person in the field of water and drainage installations in homes or an equivalent occupation.

Sewerage

§ 24. Upon application for establishment as a technically-responsible person in a sewerage company, cf. Section 3 (1), no. 2, the applicant's course diplomas or certificates of education, cf. Section 12 (1), no. 2 and Section 15 (1), no. 5, must certify that the applicant has undergone education that includes the following subjects or disciplines:

1) Drainage system engineering.

2) Sewerage engineering.

3) Quality management.

4) Government regulations for in-ground drainage systems and sewerage.

Subsection 2. Course diplomas or certificates of education, cf. Section 16, must certify that the applicant is prepared to practice as a technically-responsible person within the field of water and drainage or an equivalent occupation.

Gas

§ 25. Part 2 and 3, except Section 5, Section 7, Sections 15-17, and Section 18 (3), shall apply correspondingly to a technically-responsible person in the field of plumbing who wants to perform the following work in Denmark:

1) Initial regulation and service of gas-fired burner systems above 135 kW, cf. Section 11 (1) of the Act.

2) Initial regulation and service of gas-powered motor systems, cf. Section 11 (1) of the Act.

3) Initial regulation and service of installations with process equipment, cf. Section 11 (1) of the Act.

§ 26. For a notifier who intends to pursue a profession in Denmark with the work mentioned in Section 25, no. 1, 2 or 3 and for whom complete documentation is available, as indicated in Section 4 (2), the Danish Safety Technology Authority confirms that the person may pursue a profession in Denmark related to the work in question unless the authority intends to carry out checks or require an aptitude test, cf. Section 6 (1-2).

§ 27. The Danish Safety Technology Authority issues approval for the execution of work, as mentioned in Section 25, no. 1, 2 or 3, in the form of a certificate of conformity as documentation of the necessary professional qualifications, cf. subsection 2 or 3 and cf. the personal certificate schemes in Sections A and B-4 of the Gas Regulation.

Subsection 2. Approval, cf. subsection 1, shall be notified to a notifier for whom there is complete documentation, as specified in Section 4 (2), including the professional qualifications of the respective person for the execution of work, cf. Section 25, and whose professional qualifications can be confirmed by the Danish Safety Technology Authority on the basis of a completed check or aptitude test, cf. Section 6.

Subsection 3. Approval, cf. subsection 1, is notified to an applicant who wants to be established in Denmark and for whom there is complete documentation as specified in Section 12 (1), no. 1-6, and subsection 2, which documents that

1) the person has engaged in activities as stated in Section 15 (1), nos. 1-5, and subsection. 2, with the execution of the work in question, cf. Section 25, in one of the countries mentioned in Section 1 (1), or

2) the person has the professional qualifications as specified in Section 16, nos. 1-3 and Section 20 (1-3), for the performance of the work in question, cf. Section 25, unless the Danish Safety Technology Authority requires that the applicant, as a condition of approval, either undertakes a probationary period or passes an aptitude test, cf. Section 17.

§ 28. Upon establishment for the purpose of pursuing a profession with the work indicated in Section 25, cf. Section 27 (3), course diplomas or certificates of education must certify that the applicant has received further education, which includes the subjects or disciplines required for the performance of the work in question, cf. the provisions of the Gas Regulation concerning personal certificate schemes.

The sub-authorisation for performing bottled gas installations in mobile units

§ 29. Persons who have completed and passed an approved qualifying test for bottle gas installations in caravans etc. may apply to be approved as a professional in the sub-authorisation area of ​​bottle gas installations in mobile units, cf. Section 2, no. 3, of the Executive Order on Sub-Authorisation Within Electricity and Plumbing Installations.

Part 5: Appeals

§ 30. The decisions of the Danish Safety Technology Authority made pursuant to this Executive Order cannot be brought before another administrative authority, cf. however, subsection 2.

Subsection 2. A rejection of approval as a technically-responsible person based on the fact that the applicant, in his or her position or profession, has exhibited such conduct that there is reason to believe that the business to which he or she is associated will not be properly operated may, however, be brought before the Danish Commerce and Companies Appeals Board, cf. Section 35 (2) of the Act.

Part 6: Penalties

§ 31. Fines shall be used to penalise those who

1) practise the profession of technically-responsible person, either temporary or periodically, without prior notification pursuant to Section 4 (1-2),

2) practice the profession of technically-responsible person temporarily or periodically without the confirmation of notification cf. Section 5 (2), or without the approval, cf. Section 7 (1), of the Danish Safety Technology Authority and before the expiry of the deadlines specified in Section 9,

3) in connection with the pursuit of professions such as technically-responsible person, use titles or designations in breach of Sections 5 (3), (4) or (5), Section 7 (2) or Section 18 (3),

4) in violation of Section 10 (1), fail to renew their notification,

5) in violation of Section 10 (2), fail to provide renewed documentation in case of significant changes in relation to the documentation already provided; or

6) violate a ban notified pursuant to Section 11 (1) and (2).

Part 7: Entry into force

§ 32. This Executive Order shall enter into force on 1 January 2019.

Subsection 2. Executive Order no. 57 of 13 January 2016 on the Practice of the Occupation of Technically-Responsible Person in the Field of Gas, Water and Drainage, Based on Foreign Professional Qualifications, is hereby repealed.

The Danish Safety Technology Authority, 30 November 2018

Lone Saaby