Apply for recognition as an expert organization for systems dealing with water-polluting substances

Prerequisites

Your organization can be recognized as an expert organization if you

1. name a natural person authorized to represent you and provide proof of their authority to represent you to the responsible authority,
2. prove that a technical manager and a deputy have been appointed who meet the requirements applicable to experts,
3. have appointed a sufficient number of experts who meet the legally determined requirements and are bound by technical instructions from the technical management,
4. have established principles that must be observed during system testing,
5. provide evidence of an operational quality assurance system,
6. provide proof of the existence of liability insurance for soil and water damage for the work of their experts with a coverage amount of at least 2.5 million euros per claim
7. declare that you release the countries in which the experts carry out examinations from any liability for the activities of their experts

Addition to point 5: Your quality assurance system must ensure that appropriate organizational structures are in place to carry out system inspections properly   to ensure. Your quality assurance system must contain, in particular, specifications for checking test reports and test equipment, conducting individual discussions with experts and checking the experts' testing activities on reference systems.

If recognition is to be extended to the monitoring of specialist companies, additional requirements apply. You must ensure that appropriate organizational structures are in place to monitor the specialist auditors and ensure that the audit of specialist companies is carried out properly.

Documents required

• Proof of naming a natural person authorized to represent you
• Proof of technical leadership
• Evidence of the experts carrying out the work (their reliability, independence, ability and expertise)
• Proof of a company quality assurance system and its organization
• Proof of the existence of liability insurance for soil and water damage for the work of its experts with a coverage amount of at least 2.5 million euros per claim
• Exemption declaration for the states

If necessary, the responsible office can request further documents from you.

Please note

Recognition also applies in other federal states of the Federal Republic of Germany.

Recognitions from another member state of the European Union or another contracting state to the Agreement on the European Economic Area are equivalent to recognitions from the competent authority if they are equivalent. If you already have a recognition that was not granted in Germany, you must present this to the responsible authority before starting your work in Germany. The template may be necessary in the original, as a simple copy or as a certified translation (German). For further requirements, please read the information sheet provided under the links.

Deadlines

The application for approval must be submitted well in advance of the start of operations. An application for an extension of recognition must be submitted at least 4 months before the end of the limitation period.

Procedure

• It is recommended that you contact the responsible office in advance to discuss which documents are specifically required.
• You submit an informal application to the responsible authority for recognition as an expert organization for systems dealing with water-polluting substances and attach the necessary documents to this application.
• The responsible office will check your application and, if necessary, request any missing documents from you.
• Recognition will be granted to you in a written notice if all factual and legal requirements are met. The recognition can be subject to a reservation of revocation, a time limit, conditions, requirements and the reservation of conditions.

Processing time

2 - 6 weeks

Fees

500 EUR - 10,000 EUR

Legal remedies

contradiction

Legal basis

§ 52 Ordinance on facilities for handling water-polluting substances (AwSV)

www.gesetze-iminternet.de/awsv/__52.html


§ 62 Water Resources Act (WHG)

www.gesetze-im-internet.de/whg_2009/__62.html


§ 63 Water Resources Act (WHG)

www.gesetze-im-internet.de/whg_2009/__63.html


Appendix 1 Section 3 Environmental Fee Regulations (UmwGebO)

www.landesrecht-hamburg.de/bsha/document/jlr-UmwGebOHAV39Appendix1

In order to be able to appoint experts for dealing with water-polluting substances, you must apply for recognition as an expert organization from the responsible body. Once your expert organization has been recognized, experts can:

• Check systems for handling water-polluting substances,
• Prepare reports as part of suitability assessments and
• Certify or monitor specialist companies.