Mountain guide licence, recognition of diploma – Application

At the application of a person (who is an Austrian citizen, a citizen of an EU member state or of a party to the EEA Agreement, or a citizen of the Swiss Confederation, with the status of a third-country national who is a long-term resident within the meaning of Council Directive 2003/109/EC or a family member within the meaning of Council Directive 2004/38/EC) the competent district authority shall, in the course of the procedure for the granting of a mountain guide licence under certain conditions determine if and to which extent such person's qualifications are equivalent to the ones required under the laws of Austria.
Under certain conditions, the district authority shall require an adaptation period or an aptitude test of the applicant.
Where an adaptation period is required, the district authority shall determine its venue, contents, and mode of assessment; where an aptitude test is required, the district authority shall determine the competent examination body and the subject areas which may form part of the examination. The district authority shall determine the subject areas on the basis of a comparison of the qualifications required under the laws of Austria and the actual qualifications which the applicant has obtained. The applicant may chose between following an adaptation period and taking an aptitude test. Any recognition granted by another Austrian Federal Province shall also be valid for Lower Austria.

Procedure:

• Filing of application
• If necessary, enquiry with the competent body in the applicant's home country or country of origin as to the authenticity of the documentation submitted
• Official decision (determination of equivalence of qualifications, prescription of an adaptation period or of an aptitude test) The procedure generally takes approx. four months.

The district authority shall confirm receipt of the documentation (application incl. all other documents required by law) within one month, or inform the applicant which documentation is missing; The district authority shall decide on the application without undue delay, but at the latest within four months;

Qualifications previously obtained shall be deemed equivalent:

• if such person presents an attestation of competence or evidence of formal qualifications obtained in an EU member state or in a state which is a party to the EEA Agreement or in the Swiss Confederation, and such attestation or evidence meets the requirements of Directive 2005/36/EC;
• the applicant is required to submit his/her certificate of citizenship;
• if reasonable doubt exists concerning the authenticity of the documents, the district authority may demand a confirmation of authenticity from the competent authorities in the issuing state;

An adaptation period (with a duration of no more than 20 days) or an aptitude test shall be required of the applicant:

• if the qualifications obtained by the applicant are on subject areas which differ substantially from those required under the laws of Austria;
• if the profession of mountain guide in the country of origin of the applicant does not comprise all professional activities of the respective profession under national law, and if such difference consists in a specific qualification which refers to subject areas which differ substantially from those covered by the attestation of competence or evidence of formal qualifications submitted by the applicant. (Subject areas the knowledge of which is essential for the practice of the profession and with regard to which the qualifications previously obtained by applicant deviate greatly from the qualifications required under the laws of Austria in terms of duration and contents shall be deemed subjects which differ substantially.)
• if the skills and knowledge acquired by the applicant in the course of his/her professional experience cannot or only partly compensate the substantial differences in qualification in subject areas which are essential for the practice of the profession;
  

Required documents: 
Informal application including documentation to prove compliance with the statutory requirements.

Costs:
For the application that the equivalence of qualifications be determined or an adaptation period or an aptitude test prescribed: Fees in accordance with the Documentary Stamp Tax Act ("Gebührengesetz") 1957: Please enquire with the competent body beforehand;

For the determination of equivalence of qualifications and for the prescription of an adaptation period or an aptitude test:
Administrative charge pursuant to the Lower Austrian Ordinance on Administrative Fees and Charges ("NÖ Landes-Verwaltungsabgabenverordnung") 2001, State Law Gazette ("LGBl.") 3800/1, tariff position ("TP") A 2. as amended in the Lower Austrian Tariff Positions for Administrative Fees and Charges ("NÖ Landes-Veraltungsabgabentarif") 2016, published in the State Law Gazette 97/2015, in conjunction with § 78 of the (Austrian) General Administrative Procedures Code ("Allgemeines Verwaltungs-verfahrensgesetz") 1991: € 8.00
Fees in accordance with the Documentary Stamp Tax Act 1957: Please enquire with the competent body beforehand;

Antrag german only

Bezirksverwaltungsbehörde

Authentication or signature of the application is not required.

An appeal is possible against rulings issued by an authority and shall be filed by the party within a four weeks term with the authority that issued the ruling of first instance (against rulings without investigation procedure within a two weeks term). The term starts with the receipt of the written copy of the ruling, in the case of oral pronouncement simultaneously with it.

The appeal shall indicate the ruling it contests, the authority that issued the ruling and contain a motion of appeal with the reasons. No more appeal is admissible if the party expressly waived the right of appeal after receipt or pronouncement of the ruling.

Each ruling contains instructions on the right to appeal and indicates the authority and the deadline for submission of such appeal.

Amt der NÖ Landesregierung, Abteilung Sport

Amt der NÖ Landesregierung, Abteilung Sport

25.07.2023