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

Organizations can be recognized as expert organizations for the inspection of facilities for handling substances hazardous to water if they meet the requirements of Section 52 of the Ordinance on Facilities for Handling Substances Hazardous to Water.

Description

Prerequisites

In accordance with Section 53 (1) sentence 1 AwSV, the expert organization may only appoint persons as experts who

  1. have the necessary reliability to act as experts,
  2. are independent with regard to the testing activity; in particular, there must be no connection between the tasks in accordance with Section 52 (1) sentence 2 number 1 and other services that are or have been provided in connection with the planning or manufacture, distribution, operation or maintenance of the systems or system components to be tested,
  3. are physically capable of carrying out the tests properly,
  4. offer the guarantee that they will carry out the tests properly on the basis of their specialist knowledge and the experience they have gained through their practical work,
  5. have the necessary knowledge of the relevant provisions of water, building, operational safety, immission control and waste legislation and technical regulations and
  6. are not appointed by any other expert organization operating in Germany.

The expertise required in accordance with Section 52 (1) sentence 1 number 4 is present if

  • the expert has successfully completed a degree in engineering or natural sciences in a subject relevant to the activity carried out or has vocational training recognized as equivalent.
  • The experience referred to in paragraph 1 sentence 1 number 4 requires at least five years of professional activity in the field of planning, construction or operation and testing of installations for handling substances hazardous to water.

The expert organization shall satisfy itself by means of a theoretical and practical examination prior to appointment that the expert to be appointed meets the requirements of paragraph 1 sentence 1 number 4. The result of this examination must be documented.

The expert organization must have a sufficient number of experts in accordance with Section 53 (3) sentence 1 no. 3 AwSV. As a rule, expert organizations are recognized if they have at least five persons suitable for the inspection.

Deadlines

Pursuant to Section 52 (6) AwSV, a decision on an application for recognition must be made within four months of submission of the complete documentation. Recognition may be subject to revocation, a time limit, conditions, requirements and the imposition of conditions. If the expert organization meets the requirements of the AwSV and the LAWA leaflet "Recognition of expert organizations 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.

Online procedures

Fees

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

Remedy

Administrative court proceedings; information

Administrative court action

Links to more information

Status:15.12.2023

Responsible for editing:Bayerisches Staatsministerium für Umwelt und Verbraucherschutz

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