Substances hazardous to water; application for recognition of an expert organisation

Organisations may be recognised as expert organisations for the inspection of installations for the handling of substances hazardous to water if they fulfil the requirements of § 52 of the Ordinance on Installations for the Handling of Substances Hazardous to Water.

Description

Expert organisations are recognised in accordance with the "Ordinance on Installations for Handling Substances Hazardous to Water" (AwSV). In Bavaria, the Bavarian State Office for the Environment (LfU) is responsible for the recognition and supervision of the expert organisations. The expert organisations are responsible for the training, examination, appointment and supervision of AwSV experts. For further details see § 52 AwSV.

Recognition procedure

The application for recognition as an expert organisation can be submitted in writing to the recognition authority. The application must be accompanied by the documents listed below.

Since the recognition is valid for all countries, only one recognition per organisation is required. The application for recognition should be submitted in the country in which the organization has its headquarters. When submitting the application, the organization must state whether it has also submitted an application for recognition as an expert organization in another country. Organisations based in Bavaria must apply for recognition in Bavaria.

Recognitions of other countries
Recognitions of other countries of the Federal Republic of Germany are also valid in Bavaria. The same applies to equivalent recognitions from member states of the European Union.

Prerequisites

Pursuant to Section 53 Paragraph 1 Sentence 1 AwSV, the expert organisation may only appoint as experts persons who

  1. have the necessary reliability for the activity as an expert,
  2. are independent with regard to the inspection activity; in particular, there must be no connection between the tasks pursuant to § 52 Para. 1 Sentence 2 No. 1 and other services that are or were performed in connection with the planning or manufacture, sale, operation or maintenance of the systems or system components to be inspected
  3. are physically capable of carrying out the tests properly
  4. are able to guarantee, on the basis of their technical knowledge and experience gained through practical work, that they will carry out the tests properly,
  5. have the necessary knowledge of the relevant regulations of water, construction, operational safety, immission control and waste legislation and of the technical rules and regulations, and
  6. have not been appointed by any other expert organisation operating within the territory of the Federal Republic of Germany.

The expert knowledge required in accordance with section 53 subsection (1) sentence 1 number 4 shall be deemed to exist if

  • the authorized inspector has successfully completed a course of study in engineering or natural sciences in a field relevant to the activity performed or has vocational training recognized as equivalent.
  • The experience pursuant to subsection (1) sentence 1 number 4 requires at least five years of professional activity in the field of planning, construction or operation as well as the inspection of installations for handling substances hazardous to water.

Prior to appointment, the expert organisation shall satisfy itself by means of a theoretical and practical examination that the expert to be appointed meets the requirements pursuant to subsection (1) sentence 1 number 4. The result of this examination shall be documented.

In accordance with section 53 subsection (3) sentence 1 No. 3 AwSV, the expert organisation must have a sufficient number of experts at its disposal. As a rule, expert organisations are recognised which have at least five persons suitable for the inspection.

Deadlines

Pursuant to Article 52(6) AwSV, a decision on an application for recognition must be taken within a period of four months after submission of the complete documentation. The recognition may be subject to a reservation of revocation, a time limit, conditions, requirements and the reservation of conditions. If the expert organisation meets the requirements of the AwSV and the LAWA leaflet "Recognition of expert organisations and quality and monitoring associations", recognition is generally granted for five years.

Required documents

  • Information on the organisation (type, registered office, articles of association, previous activity - if any) and person authorised to represent it
  • List of experts

    or the persons intended to be appointed and the members of the technical management (including the deputies) with the following information: Name, date of birth, statement of professional background and practice, supporting documents for the technical management.

  • Organization Statement,

    that the experts are independent with regard to the audit activity and that there is no connection between the audit activity and other services and that the declarations of assurance and independence have been submitted by the experts

  • Proof of the existence of liability insurance and declaration of exemption
  • Indication of the test areas of the organisation and the test areas for the individual experts (if available)
  • Presentation of the test principles
  • Presentation of the examination regulations for appointment examinations, evidence of the examination board
  • Presentation of the supervision regulations for experts
  • Further information can be found in the LAWA leaflet "Recognition of expert organisations and quality and monitoring associations". This is available on the LfU website (see further links).

Forms

Please select a location in "Localization" so that the address of the responsible authority can be filled in.

  • Prefillable Form, Bavaria-wide: Formloser Antrag (mit Unterschrift)
    Please note

    This form has to be signed and sent to the responsible authority. You can sign the form manually and send it by email/fax or sign the form electronically with your qualified electronic signature an send it by (secure) email. If the responsible authority has set up a De-Mail account, you can also send the form by De-Mail using an sender-confirmed message.

    Dieser Assistent unterstützt Sie bei der Erstellung eines formlosen Schreibens, wenn die zuständige Stelle kein Antragsformular zur Verfügung stellt.

Online procedures

Fees

  • LfU procedural costs for recognition as an expert organisation (according to Tariff No. 8.IV.0. No. 1.33.5 Schedule of Costs to Art. 5 Costs Act): 250 to 2500 Euro

Remedy

Administrative court proceedings; information

administrative claim

Links to more information

Status: 28.05.2021

Responsible for editing: Bayerisches Staatsministerium für Umwelt und Verbraucherschutz

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  • Online transactions, Bavaria-wide
  • Online transactions, locally limited
  • Prefillable Form, Bavaria-wide
  • Legal bases, Bavaria-wide
  • Legal bases, locally limited
  • Fees, Bavaria-wide
  • Fees, locally limited
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