Experts Public appointment and swearing-in

If you apply to the competent authority for public appointment and swearing-in as an expert, you must prove that you have the necessary prerequisites. An above-average professional competence in relation to the respective subject area as well as the personal suitability to comply with an expert activity in an independent, conscientious and understandable manner for the client are required. The authority may limit the content of your appointment (e.B. to a specialist area), limit it in time or impose conditions (e.B. the requirement to regularly participate in further training). The public appointment and swearing-in of experts confirms the existence of a special professional qualification and personal suitability as an expert for a defined subject area in business transactions. As a publicly appointed and sworn expert you are preferably consulted for the preparation of court opinions and must comply with appropriate expert orders, you must accept private expert assignments within the scope of your capacities, some fields of activity are opened up to you that are closed to other experts (so-called "reservation tasks", e.B. safety-related inspection of plants requiring approval in accordance with the Federal Immission Control Act). The public appointment includes the provision of expert opinions and other expert activities such as consultations, monitoring, reviews, certification, and arbitration and arbitratory activities.

Application (informally or using a form provided) Presentation of the services offered by you and the (definable) subject area If applicable, curriculum vitae, in any case presentation of the professional career Proof of your special qualifications in the aforementioned field (certificates, diplomas, seminar certificates, proof of employment, other certificates, etc.) Where appropriate, list of references, i.e. persons (with address) who can provide information on your particular knowledge several (usually three to five) expert opinions prepared by yourself. You should deal with problems from the desired subject area and name solutions. The expert opinions must be comprehensible and contain necessary documents such as drawings, sketches, plans and photos if applicable, evidence of further training Declaration on the assumption of fees and costs where applicable, in the case of employees or civil servants: declaration of leave Application for a certificate of good conduct for submission to an authority in accordance with § 30 paragraph 5 of the Federal Central Register Act If necessary, application for an extract from the Central Trade Register for submission to an authority in accordance with § 150 paragraph 5 of the Trade Code If applicable, current certificate in tax matters (formerly tax clearance certificate) of the responsible tax office in the original Completed application certified copies of the engineering certificate and other professional certificates Curriculum vitae with photo and presentation of professional career Current proof of professional indemnity insurance Police clearance certificate (not older than three months) Clearance certificate from the tax office at least three references (name and address) Proof of participation in at least two expert seminars on legal and procedural issues Certificates of leave or secondary activity of applicants in non-self-employed employment relationships at least five self-produced expert opinions in 3 copies Proof of payment of the application fee in accordance with the BBIK Fee Schedule


Written form required: no Online procedure possible: yes Personal appearance required: When conducting an examination appointment before a panel of experts: Yes

Preconditions
Your application for public appointment and swearing-in as an expert depends on the following conditions: There must be a general need for expert services for the subject area you have designated. What is irrelevant in this context is how many experts there are already for the subject area in question. Rather, it depends exclusively on whether the subject area is of general importance. If it is a subject for which experts have already been appointed in the past, the general need was already affirmed at the time and is therefore to be assumed. You must prove your special expertise for the subject area you have designated, i.e. They must have above-average knowledge, experience and skills in the relevant field. In addition to evidence in the form of documents to be provided by you (certificates, self-prepared expert opinions, references, etc.), participation in an examination before an independent expert panel of experts is also considered. Finally, you must have the necessary personal aptitude. Your personal suitability is to be assumed if you can offer the guarantee that your expert services will be provided impartially, independently, objectively and in a manner understandable to the client. There must also be no doubt about your personal reliability and integrity. This presupposes that you have so far behaved in accordance with the law and live in orderly economic conditions. The requirements for appointment result from § 3 of the Expert Regulations of the Brandenburg Chamber of Engineers § 3 Order requirements An expert is to be appointed publicly upon request if - the following conditions are met. The subject areas and the appointment requirements for the individual subject area are determined by the Brandenburg Chamber of Engineers. 2. An expert may be appointed to the public only if: a) he is entitled to use the professional title of engineer in accordance with the Engineering Act, unless § 25 applies, b) he maintains an establishment as an expert within the scope of application of the Basic Law, (c) he has reached the age of 30 and has not yet reached the age of 62 at the time the complete application is submitted; (d) there are no further objections to his or her personal suitability; e) he proves appropriate professional practice, significantly above average specialist knowledge (special expertise) and practical experience in the desired field of appointment as well as the ability to provide expert opinions and to provide the services referred to in § 2 (2); (f) it has at its disposal the facilities necessary for the exercise of the activity of publicly appointed expert; (g) he lives in orderly economic circumstances; (h) it guarantees impartiality and independence and compliance with the duties of a publicly appointed and sworn expert; (i) demonstrate that he has relevant knowledge of German law and the ability to explain technical findings and assessments in a comprehensible way; j) he has a spoken and written command of the German language; (k) he has declared in writing that he is aware of the rules of experts and that he is prepared to undergo an examination and to assume the duties of a publicly appointed and sworn expert. (3) An expert who is in an employment or employment relationship may only be appointed to the public if he fulfils the requirements of paragraph 2 and additionally proves that (a) his contract of employment does not preclude the requirements of paragraph 2(h) and that he may carry out his work of expert in person; b) he is not subject to any professional instructions in his expert work in individual cases and can mark his services as being prepared by himself in accordance with § 12; (c) his employer shall indemne him to the extent necessary for the activity of expert. § 3a Order requirements for applications according to 36a GewO (1) For the recognition of qualifications of the applicant from another member state of the European Union or another treaty within the framework of the Agreement on the European Economic Area, the requirements of § 36a (1) and (2) of the Industrial Code (GewO) apply. (2) In addition, § 3 (2) and (3) shall apply.
Further information can be found on the website of the Brandenburg Chamber of Engineers under www.bbik.de

Submit an application for public appointment and swearing-in as an expert, along with the required documents/evidence. As a rule, the competent authority will decide on your application on the basis of the evidence you have submitted. Depending on the area of responsibility, an examination appointment can also be scheduled before an independent expert committee, during which your specialist knowledge will be queried and evaluated. The competent authority will decide on your application and inform you of its decision. Upon receipt of the application documents, the office checks them for formal completeness and forwards the documents to the BBIK Committee of Experts. The review of the appointment requirements, as well as the personal suitability of the applicant and the fulfillment of the minimum requirements for the submitted expert opinions is carried out by the Committee of Experts of the BBIK. The application documents and the submitted expert opinions are examined and the applicant is invited to a personal interview with the Committee of Experts. In the event of a positive assessment, the application documents will be forwarded to a competent expert committee for the verification of special expertise. There, the review of the expert opinions is checked for their technical correctness and traceability. In the event of a positive result of the expert review by the expert committee, an oral expert discussion will take place. If the applicant is aware of the "special expertise" in the examinations, the appointing body will be informed of a corresponding vote. In the event of a negative vote, the application procedure ends here. If, in summary, there are positive results of the review of the "Personal Suitability", the "Minimum Requirements for Expert Opinions" and the "Special Expertise", the Committee of Experts will make a recommendation to the Board of Directors of BBIK to carry out the public appointment and swearing-in. The public appointment and swearing-in is carried out by the President of the BBIK. In all other cases, the Committee of Experts of the BBIK shall recommend either the deferral or rejection of the application for public appointment and swearing-in as an expert. The applicant shall receive a notification to that request.

Responsible for the content
Coordination with the Federal-State Committee on Trade Law, agreement on 01.10.2020
Presented by the Ministry of Economic Affairs, Innovation, Digitalization and Energy NRW
Ministry of Economy and Energy
of the State of Brandenburg

Last update or date of publication
02.10.2019