Request recognition as an expert organisation for installations for the handling of water-hazardous substances

In order to appoint experts who, on behalf of your expert organisation, inspect installations for the handling of water-hazardous substances, draw up expert opinions in the context of suitability assessments and certify or supervise specialist companies, you must apply for recognition from the competent authority of the country where your organisation's headquarters are to be located. The recognition applies to the entire federal territory. Recognitions from another Member State of the European Union or another State Party to the Agreement on the European Economic Area shall be equivalent to recognitions of the competent authority here if they are equivalent to them. They shall be submitted to the Authority in their original or copy before the commencement of the audit or monitoring activities; authentication of the copy may be required. The competent authority may also require that equivalent recognitions referred to in the first sentence be submitted in certified German translation.

Proof of appointment of a natural person entitled to represent Proof of a technical line Evidence of the implementing experts (their reliability, independence, ability and expertise) Proof of an operational quality assurance system and its organisation Provides proof of the existence of liability insurance for soil and water damage for the activities of its experts with a cover amount of at least EUR 2.5 million per claim Exemption declaration for the countries Further documents may be provided after inquiries from the competent authority.


Written form required: Yes Personal appearance required: No

Preconditions
An organisation may be recognised as an expert organisation if it appoints a natural person entitled to represent and proves its power of representation to the competent authority, proves that a technical management and a representative have been appointed to meet the requirements of Paragraph 53 of the experts, has appointed a sufficient number of experts who meet the requirements set out in Paragraph 53 and are bound by technical instructions from the technical management, established principles to be followed in the plant inspections, an operational quality assurance system proves that provides proof of the existence of liability insurance for soil and water damage for the activities of its experts with a cover amount of at least EUR 2.5 million per claim, and declares that it shall exempt the countries in which the experts carry out audits from any liability for the activities of their experts. The quality assurance system referred to in point 5 of the first sentence shall ensure that appropriate organisational structures are in place to ensure proper plant inspections in accordance with Paragraph 46. In particular, it shall contain guidelines for checks on test reports and test equipment, for conducting one-on-one interviews with the experts and for checks on the testing activities of the experts at reference facilities. If the recognition is also to extend to the certification and supervision of specialist establishments in accordance with Paragraph 62 (1), the expert organisation shall be deemed to be entitled to the same conditions, in addition to the conditions set out in the first sentence of the first sentence, section 57 (3) sentence 1, point 3 and 4. In this case, the quality system referred to in point 5 of the first sentence shall also ensure, notwithstanding the second sentence, that appropriate organisational structures are in place to monitor the auditors and ensure proper inspection of the specialist establishments. In examining the application for recognition, evidence of individual conditions from another Member State of the European Union or another State Party to the Agreement on the European Economic Area shall be equivalent to domestic evidence if they show that the organisation meets the requirements referred to in paragraph 3 or the requirements of the issuing State which are substantially comparable on the basis of their objective. Paragraph 2 sentences 2 and 3 shall apply accordingly.
They shall submit an informal application to the competent authority for recognition as an expert organisation for installations for the handling of water-hazardous substances in accordance with the AwSV. They shall attach the necessary documents to this request. It is appropriate to contact the competent authority in good time to discuss the need for further documentation or specificities. If necessary, the Authority will request further application documents and, after examination of the application, grant recognition. Recognition may be subject to revocation, a time limit, conditions, conditions and the reservation of conditions.

Responsible for the content
Lower Saxony State Water Management Coastal and Nature Conservation

Last update or date of publication
04.03.2021