Biowaste; application for designation as a body for carrying out tests

Tests on biowaste and application soils must only be carried out by bodies that have been designated by the competent authority or that have equivalent recognition from another EU state or EEA state.

Description

Persons, in particular biowaste handlers and mixture producers, may only have their disease hygiene and pollutant-related tests on biowaste and application soils prescribed by the Biowaste Ordinance carried out by bodies that have been designated by the competent authority or that have equivalent recognition from another EU state or EEA state.

In particular, the Biowaste Ordinance obliges biowaste handlers and mixture producers to have certain tests carried out on biowaste and the application soils for biowaste. These tests may only be carried out by testing laboratories that have been designated (notified) by the competent authority.

The competent authority checks whether the requirements for designation (notification) of the applicant as an inspection body for certain inspections provided for in the Biowaste Ordinance are met (see "Requirements" below).

Even if it operates in Bavaria, a body is already deemed to have been officially designated and therefore does not require designation by a Bavarian authority if it has been designated by a competent authority of another federal state or if it has equivalent recognition from another EU or EEA state.

Prerequisites

An inspection body (applicant) is designated (notified) for certain inspections of biowaste and application soils for biowaste in accordance with the Biowaste Ordinance if the applicant

  • is reliable
  • has the necessary independence for the tests
  • has the necessary expertise for the respective tests
  • has the necessary technical equipment for the tests
  • has demonstrated in regular quality assurance measures that he has the technical competence
  • has introduced a quality assurance system in accordance with DIN ISO EN 17025 and
  • can demonstrate successful participation in the transnational round robin test (LÜRV)

Deadlines

The applicant does not have to observe any deadlines when submitting his application for designation (notification) as a body for specific investigations. In the case of an existing notification, the application for renewal must be submitted to the competent body in good time before the notification expires.

Required documents

  • Certificate of good conduct
  • Extract from the Central Trade Register

  • Proof of successful participation in the transnational interlaboratory comparison ("LÜRV")

    This is carried out once a year.

  • for applicants operating nationwide: accreditation certificate according to DIN ISO 17025 with annexes to the test methods

    as well as the protocol of the last laboratory audit by the accreditation body (DAKKs)

  • Declarations of commitment to future regular participation in the transnational interlaboratory comparison ("LÜRV")

    This is carried out once a year.

  • Undertaking to allow the representatives of the Bayerische Landesanstalt für Landwirtschaft access to the laboratory and to the laboratory work during normal business hours.

    The waste module must be observed.

  • Declaration of commitment to keep all samples examined for one year for subsequent examinations by the Bayerische Landesanstalt für Landwirtschaft (Bavarian State Research Centre for Agriculture).

  • in the case of applicants or responsible persons from other EU or EEA countries

    In addition to the above-mentioned proofs of reliability and expertise, equivalent foreign proofs are also sufficient if the proofs show that the above-mentioned prerequisites are fulfilled or that the requirements of the foreign country are essentially comparable with these prerequisites. The Bayerische Landesanstalt für Landwirtschaft may require the submission of a certified German translation of such foreign certificates.

Forms

Fees

  • The fees for carrying out the procedure for the designation (notification) of an inspection body are charged in accordance with the Bavarian Cost Law (KG) of 20.02.1998 and the list of costs (Art. 6 KG):

    • Fee for the notification: 200 to 400 €
    • Fee for the interstate proficiency test (LÜRV): The fees are based on the LWA leaflet A-3. They consist of a basic fee, a sample fee and a parameter fee.

Legal bases

Links to more information

Related issues

Status:29.11.2023

Responsible for editing:Bayerisches Staatsministerium für Umwelt und Verbraucherschutz

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  • Prefillable Form, Bavaria-wide
  • Legal bases, Bavaria-wide
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