The field of activity of an insemination technician is the artificial insemination of cattle, pigs, sheep, goats and equidae in an unrelated herd, depending on the appropriate competence/training. Insemination technicians must comply in particular with animal breeding and veterinary legislation.
If the applicant intends to have recognised a training course that has been successfully completed in another EU Member State, a contracting state or a third country, they must apply to the competent authority and provide evidence of such training.
Persons whose professional qualifications are recognised must have sufficient knowledge of German to carry out their professional activity in Lower Austria. In addition to professional competence and language skills, good repute is a prerequisite for this activity.
There is no good repute in any circumstances if a person has been convicted by a final court judgement of cruelty to animals or violation of other animal welfare or veterinary provisions in the last 5 years.
Insemination technicians may not start their activity until a notification has been submitted to the authority, which is the Lower Austrian Provincial Chamber of Agriculture. Evidence of professional competence and good repute must be attached to this notification. If all the conditions are met, the Lower Austrian Provincial Chamber of Agriculture – the authority responsible for animal breeding – must issue a certificate attesting to the notification submitted.
- Proof of relevant qualifications or training.
- A written declaration that the applicant has no relevant criminal convictions in order to prove good repute.
- Insemination technicians must also attach to the aforementioned declaration a criminal record certificate or, for citizens of another Member State, the equivalent documentary evidence issued by the competent authority of that Member State.
- Where such evidence is not issued in the Member State of origin, proof of good repute may be provided by means of a sworn statement; where such a declaration is not provided for in the Member State concerned, proof may be provided by means of a solemn declaration made before a competent authority of that Member State.
- The criminal record certificate, the relevant evidence and the sworn statement or solemn declaration must not be more than 3 months old at the time of submission.
- Proof of citizenship.
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Federal fees must be paid:
for the application (submission) and attachments submitted – see in particular Section 14 (fee items 5 and 6) of the Fees Act (Gebührengesetz) 1975.
Provincial administrative charges must be paid:
for the granting of the authorisation (recognition of equivalent training) or for the carrying out of any other official act in the private interest – see in particular the current Lower Austrian Provincial Administrative Tariff (tariff 112).
The application, including necessary documents, is submitted to the competent body (authority). The authority verifies whether and to what extent the foreign qualification is equivalent. The authority issues a decision determining equivalence or imposing any necessary adaptation courses or aptitude tests.
Nationality
- of an EU Member State, a contracting party to the EEA or Switzerland; or
- of a third country treated as equivalent for the recognition of professional qualifications under European Union law or in accordance with a treaty.
Proof of qualifications or training
This must comply with Article 13 (1), (2) or (3) of Directive 2005/36/EC on the recognition of professional qualifications.
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Authentication or signature of the application is not required.
A decision 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 within the specified deadline. 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, the corresponding deadline, and the fee for filing the appeal.
17.04.2024
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