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Recognition and announcement as an expert or expert according to the Federal Soil Protection Act
Source: Zuständigkeitsfinder Schleswig-Holstein (Linie6PLus)
The Act on the Protection against Harmful Soil Changes and on the Remediation of Contaminated Sites provides for the involvement of experts in several places. To be recognized as an expert in the field of soil protection, you must meet the following requirements:
1. prove required expertise (qualified education, practical experience, further education)
2. availability of technical equipment (does not have to be owned, access can be proven by concluded contracts)
3. reliability and your personal integrity (evidence and declarations of personal, economic, organizational independence)
Recognized experts or surveyors are recognized and active in six different subject areas:
1. areal and site survey/historical investigation
2. risk assessment for the impact pathway soil-water
3. risk assessment for the impact pathway soil-plant, precautionary measures for the limitation of substance inputs into the soil and during the application and introduction of materials
4. hazard assessment for the impact pathway soil-human 5. remediation
6. hazard identification, assessment and prevention of harmful soil changes due to soil erosion by water
If the recognition authority has checked all prerequisites and your professional qualification/expertise has been determined, the recognition and announcement will be made by notice and with a certificate of recognition.
The contact details of the recognized and announced experts are published in uniform directories. If you already have a public appointment in accordance with the Trade, Commerce and Industry Regulation Act (Gewerbeordnung) in the requested field of expertise and have completed suitable further training, you also provide proof of the required expertise for recognition in accordance with the Federal Soil Protection Act (Bundesbodenschutzgesetz) and investigation bodies for soil protection and contaminated sites. This means that there are a number of experts who, in addition to their public appointment in accordance with the Trade, Commerce and Industry Regulation Act (Gewerbeordnung), are also recognized in accordance with the Federal Soil Protection Act (Bundesbodenschutzgesetz). As experts according to the Federal Soil Protection Act, experts are also recognized whose expertise, reliability and technical equipment have been checked in another federal state according to comparable requirements. A renewed examination is not required.
You can submit the application in writing or electronically.
Once you have submitted the application and all documents are complete, the competent body will check whether all requirements for recognition as an expert have been met.
You will then receive a fee notice. The fees are generally due when the application is submitted.
Furthermore, the recognition authorities will check your reliability as well as your technical equipment and your liability insurance. Your professional suitability is checked by committees or expert panels for soil protection and contaminated sites. Here, too, you must bear the costs. The review procedure usually consists of an evaluation of your submitted expert reports as well as a written paper and a technical discussion. You will generally be notified of the result of the review in writing. If you wish, the decision can be explained in an interview. If the recognition authority has checked all requirements and your professional qualification/expertise has been determined, the recognition and announcement will be made by notice and you will receive a certificate. Your recognition will be published in the nationwide register of experts and also announced in the publication organ of the recognition authority.
In order to be recognized as an expert in the field of soil protection, you must prove that you
- have the required comprehensive expertise,
- have the necessary technical equipment and the required liability insurance for your expert activities, and
- prove your personal reliability.
Which documents are required?
- Designation of the requested field
- Curriculum vitae in tabular form with professional background and passport photograph
- description of current professional activities
- Certificate of good conduct "for submission to an authority" in the original (not older than three months) and/or consent that unrestricted information from the Federal Central Register is obtained in expert matters
- Copies of certificates
- Proof of liability insurance or a specific declaration of intent to take out insurance in an appropriate amount
- proof of activity from the last three years with a list of objects showing the type of expert opinions worked on independently during this time and the topics and issues dealt with, as well as any associated contact persons and reference persons
- in the last five years prior to application, independently prepared expert opinions or expert opinions with marked own contributions, namely five per requested subject area.
- Possibly other written work suitable for demonstrating the required expertise (scientific publications, working aids, etc.).
- Proof of further training in specific fields in the last three years.
- that the applicant is in good financial standing;
- whether proceedings for the issuance of an affidavit in lieu of an execution have been pending against him or her personally or in his or her capacity as legal representative of a commercial company in the 10 years preceding the application
- whether insolvency proceedings have been instituted or dismissed for lack of assets against him or her or the assets of a company of which he or she was a director or officer;
- whether any preliminary proceedings are pending against him or her or whether any such proceedings have been pending within the last five years but have been discontinued
- whether penalties have been imposed on him or her by a German court or a foreign court (date, reason, sentence);
- whether, when and with which body he or she has at any time applied for public appointment and swearing-in as an expert.
- Experts who are employed or civil servants also require a declaration of exemption from the employer or civil servant.
Please ask the authority responsible for you whether you need to submit further documents.
What are the fees?
Is based on the respective administrative fee regulations of the state or on the fee statutes of the bodies responsible under state law.
What deadlines do I have to pay attention to?
The necessary examinations are very extensive and can take between six and eighteen months, depending on the area of appointment.
- Administrative court action
Applications / forms
- Forms available: Yes
- Written form required: No
- Informal application possible: No
- Personal appearance required: Yes
What else should I know?
There are no clues or specifics.
Information on contact persons, chambers and appointment requirements can be found here:
Page of the Directory of Experts
Further information on country-specific responsibilities and special regulations can be found here: Website of the research system Measuring Points and Experts
The text was automatically translated based on the German content.
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