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 § 52 of the Ordinance on Facilities for Handling Substances Hazardous to Water.
Description
Expert organizations are recognized according to 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 organizations. The expert organizations 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 organization 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 organization is required. The application for recognition should be submitted in the country in which the organization is based. When submitting the application, the organization must state whether it has also submitted an application for recognition as an expert organization in another country. Organizations 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 52 Paragraph 1 Sentence 1 AwSV, the expert organization may appoint as experts only those persons who
- have the necessary reliability for the activity as an expert,
- are independent with regard to the inspection activity; in particular, there must be no connection between the tasks in accordance with § 52 Paragraph 1 Sentence 2 Number 1 and other services that are or were provided in connection with the planning or manufacture, sale, operation or maintenance of the systems or system components to be inspected,
- are physically capable of properly performing the tests,
- 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,
- have the necessary knowledge of the relevant regulations of water, construction, operational safety, immission control and waste law and of the technical rules, and
- have not been appointed by any other expert organization operating in Germany.
The expert knowledge required in accordance with section 53 (1) sentence 1 number 4 shall be deemed to exist if
- the expert has successfully completed a course of study in engineering or natural sciences in a field relevant to the activity performed or has professional training recognized as equivalent.
- The experience pursuant to paragraph 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 facilities for handling substances hazardous to water.
The expert organization shall satisfy itself by means of a theoretical and practical examination prior to the appointment that the expert to be appointed meets the requirements pursuant to Paragraph 1 Sentence 1 Number 4. The result of this examination shall be documented.
The expert organization must have a sufficient number of experts at its disposal in accordance with Sec. 53 (3) Sentence 1 No. 3 AwSV. As a rule, expert organizations are recognized that 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 a period of four months after submission of the complete documents. The recognition can be provided with a reservation of revocation, a time limit, with conditions, requirements and the reservation of conditions. If the expert organization fulfills the requirements according to AwSV and the LAWA leaflet "Recognition of expert organizations as well as quality and monitoring associations", recognition is generally granted for five years.
Required documents
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Information on the organisation (type, registered office, articles of association, previous activity - if any) and person authorised to represent it
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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.
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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
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Proof of the existence of liability insurance and declaration of exemption
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Indication of the test areas of the organisation and the test areas for the individual experts (if available)
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Presentation of the test principles
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Presentation of the examination regulations for appointment examinations, evidence of the examination board
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Presentation of the supervision regulations for experts
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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.
Fees
- LfU procedural costs for recognition as an expert organization (according to Tariff No. 8.IV.0. No. 1.33.5 Schedule of Costs to Art. 5 Cost Law): 250 to 2500 Euro
Links to more information
Status:25.10.2022
Responsible for editing:Bayerisches Staatsministerium für Umwelt und Verbraucherschutz
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