1. Examples of cross-border provision of services
2. Notification duties

Examples of cross-border provision of services

• a tourist guide established in Spain is guiding tourists on a tour in Slovakia;
• a Czech entrepreneur with trade authorisation in construction wins a one-off contract to build a residential building in Slovakia;
• a Slovak company wins a contract to build a photovoltaic power plant in Denmark;
• a Polish catering company organises a corporate event for a Slovak company in Bratislava.

Notification duties

Cross-border providers should fulfil their notification obligation prior to providing the service in Slovakia for the first time. The notification applies only to provision of services representing regulated (craft or regulated) trades. Unregulated trades are not subject to the notification obligation.

It is possible to notify a trade in person at a District (Trade Licensing) Office acting as a single point of contact (PSC), or electronically. You have to fulfil the notification obligation no later than on the day preceding the actual provision of the notified service for the first time.

You may submit the notification on your own form, or use the model form Notification of cross-border provision of services in the territory of the Slovak Republic. The form should be completed in Slovak, and the subject of the service provided is a regulated trade. You may also fulfil the obligation electronically via the Notification of cross-border provision of services in the territory of the Slovak Republic form for notification of cross-border provision of services in Slovakia together with the required attachments. The form does not require a qualified electronic signature, and the service is free of charge.

e-filing of the application:

• The first step is to log in to the portal www.slovensko.sk.

In order to log in, a Slovak identity card (eID), a residence card or alternative authenticator is required. If you are a citizen of another EU Member State, use an eID issued in an EU Member State.

• After logging in to the portal, in the section Podnikateľ (Entrepreneur), under the heading Registrácia živnosti (Registration of a trade), select the electronic service Služby živnostenského registra – jednotné kontaktné miesto (Trade register services – Single point of contact).
• Next, select the competent District (Trade Registration) Office acting as a single point of contact (PSC) in the territory where the service is to be provided for the first time.
• Select the online form – Notification of cross-border provision services in the territory of the Slovak Republic – and complete it.

Attachments to the filing:

• Copy of an identity document (e.g. ID card) of a natural person or an appointed responsible person; for legal entities an identity document of a responsible person appointed by the entity.
• (Certified) copy of a document of professional qualifications of the responsible (professionally competent) person in relation to the regulated (craft or regulated) trade; for natural persons this is the same person or an appointed responsible person, for legal entities it is a responsible person appointed by the entity.
• Copy of a document proving at least 1 year of professional experience during the last 10 years. This document should be submitted only if the service to be provided is regulated in the territory of the Slovak Republic, but which is at the same time unregulated in the Member State of establishment of the service provider (the document is not required if the profession, or education and training leading to this profession are regulated in the Member State of establishment).
• Proof of authorisation to provide services of the same kind issued by the competent authority of one of the Member States and a document proving that service provision by the service provider is neither prohibited nor restricted – for legal entities, this document is usually an extract from the relevant register, and for natural persons, this document could be a decision to grant authorisation to provide the services. The documents should be translated into the national (Slovak) language without the need of authentication (documents issued in Czech do not have to be translated).
• A document proving that the service provider has not been temporarily or permanently suspended from the provision of services and proof that the provider has not been convicted of an intentional criminal offence, if the services to be provided are in the fields of security, health care or education.

The completed electronic form together with the required attachments should be delivered to the electronic mailbox of the District (Trade Register) Office at a single point of contact. You will then receive a confirmation from the Central Government Portal to your electronic mailbox of the delivery of the application to the District (Trade Register) Office (if the application needs to be supplemented/corrected, the District (Trade Register) Office will send a message to your mailbox, inviting you to eliminate the shortcomings in the application).

After fulfilling the obligations, you can get a ‘Confirmation of the receipt of a notification on cross-border provision of services in the territory of the Slovak Republic’ in person, or have it sent electronically to your mailbox.

Explanatory laws:

Only in Slovak:

• Act No 455/1991 on trade licensing (Trading Act), as amended (principal legislation);
• Act No 136/2010 on services in the internal market and amending certain acts, as amended (directly related legislation);
• Act No 422/2015 on recognition of education documents and on recognition of professional qualifications and on amendments to certain acts, as amended (legislation founded on 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);
• Act No 513/1991, the Commercial Code, as amended (‘the Commercial Code’) (directly related legislation);
• Act No 275/2006 on public administration information systems and amending certain acts, as amended (related legislation with respect to e-government);
• Act No 305/2013 on electronic form of governance conducted by public authorities and amending certain acts (e-Government Act), as amended (related legislation with respect to e-government);
• Implementing Decision of the Finance Ministry No 55/2014 on Standards for Information Systems in Public Administration, as amended (related legislation with respect to e-government);
• Act No 395/2002 on archives and registries and amending certain acts (related legislation with respect to e-government);
• Act No 18/2018 on personal data protection and amending certain acts (related legislation with respect to e-government);
• Act No 145/1995 on administrative fees, as amended (related legislation in relation to administrative fees – item 148);
• Act No 563/2009 on tax administration (Tax Procedure Code), as amended – Section 67(11) (related legislation with respect to the PSC registration notification obligation);
• Act No 595/2003 on income tax, as amended – Section 49a(9) (related legislation with respect to the PSC registration notification obligation);
• Act No 580/2004 on health insurance and amending Act No 95/2002 on insurance and amending certain acts – Section 6(13) in conjunction with Section 23(10) (related legislation with respect to the PSC notification obligation);
• Act No 461/2003 on social insurance, as amended, Section 233(9) (related legislation with respect to the PSC notification obligation);
• Directive 2006/123/EC of the European Parliament and of the Council on services in the internal market (directly related legislation).