responsibility finder
Schleswig-Holstein

Apply for recognition as an expert organization for facilities handling substances hazardous to water

Source: Zuständigkeitsfinder Schleswig-Holstein (Linie6PLus)

Service Description

In order to be able to appoint experts to inspect installations for handling substances hazardous to water on behalf of your expert organization, you must apply for recognition. You apply for recognition for your expert organization at the competent office of the country in which the head office of your organization is to be located. The recognition is valid for the entire federal territory.

Once your expert organization has been recognized, experts can work on its behalf:

  • Inspect facilities for handling substances hazardous to water,
  • prepare expert opinions within the scope of suitability determinations and
  • certify or monitor specialized companies.

For the recognition of an expert organization, you must

  • appoint a natural person authorized to represent the organization,
  • appoint a technical management and a deputy,
  • appoint a sufficient number of experts,
  • establish principles to be observed during plant inspections,
  • establish an operational quality assurance system,
  • take out liability insurance for soil and water damage for the activities of your experts,
  • declare that the countries in which the experts carry out inspections are exempted from any liability for the activities of your experts.

If your organization has been recognized in another member state of the European Union (EU) or the European Economic Area (EEA), the foreign recognition can be treated as equivalent to the German recognition. The prerequisite is that foreign recognition is equivalent and verifiable. You may need to submit certified copies and translations to the competent body for this process.


Process flow

You can apply in writing to the competent body for recognition as an expert organization for facilities handling substances hazardous to water:

  • Submit an informal application.
  • Attach the required documents to this application. It is advisable to contact the competent authority in good time to discuss whether further documents or specifications are required.
  • If necessary, the authority will request further application documents.
  • After reviewing the application, a recognition or a rejection is issued.
  • The recognition may be subject to a reservation of revocation, a time limit, conditions, requirements and the reservation of conditions.
Requirements

An organization can be recognized as an expert organization if it

  • designates a natural person authorized to represent it and proves its authority to represent it to the competent body,
  • proves that a technical management and a deputy have been appointed who meet the requirements applicable to experts,
  • has appointed a sufficient number of experts who meet the specified requirements and are bound by the technical management's professional instructions,
  • has established principles which are to be observed during the plant inspections
  • provides evidence of an operational quality assurance system,
  • provides proof of the existence of liability insurance for soil and water damage for the activities of its experts with coverage of at least EUR 2.5 million per claim, and
  • declares that it indemnifies the countries in which the experts carry out tests from any liability for the activities of its experts.

When examining the application for recognition, evidence of individual requirements from another Member State of the European Union or the European Economic Area shall be deemed equivalent to domestic evidence if it shows that the organization meets the requirements in question.

Which documents are required?
  • Informal application for recognition
  • Proof of appointment of a natural person authorized to represent the company
  • Proof of a technical management
  • Evidence of the experts carrying out the inspection (their reliability, independence, ability and technical knowledge)
  • Proof of an operational quality assurance system and its organization
  • Proof of the existence of a liability insurance for soil and water damage for the activities of your experts with a coverage of at least 2.5 million EUR per damage event
  • Declaration of exemption for the federal states

Following queries from the competent body, you may need to submit further documents.

In the case of equivalence determination for recognitions from other EU countries:

  • foreign recognition in the original or as a copy
  • if necessary a certified copy

if necessary, a certified German translation

What deadlines do I have to pay attention to?

You need the recognition before starting the activity.

Processing duration

Processing time: 4 Months

Legal basis
Appeal

If the authority does not grant recognition, it will send you a corresponding notice. In this case, you can file an objection. How to do this is described in your notice.

Applications / forms

Personal appearance required: No

  • Forms: No
  • Online procedure possible: No
What else should I know?
Author

The text was automatically translated based on the German content.

Technically approved by

Federal Ministry for the Environment, Nature Conservation, Nuclear Safety and Consumer Protection (BMUV)

Professionally released on

19.10.2022

Process flow

You can apply in writing to the competent body for recognition as an expert organization for facilities handling substances hazardous to water:

  • Submit an informal application.
  • Attach the required documents to this application. It is advisable to contact the competent authority in good time to discuss whether further documents or specifications are required.
  • If necessary, the authority will request further application documents.
  • After reviewing the application, a recognition or a rejection is issued.
  • The recognition may be subject to a reservation of revocation, a time limit, conditions, requirements and the reservation of conditions.

Requirements

An organization can be recognized as an expert organization if it

  • designates a natural person authorized to represent it and proves its authority to represent it to the competent body,
  • proves that a technical management and a deputy have been appointed who meet the requirements applicable to experts,
  • has appointed a sufficient number of experts who meet the specified requirements and are bound by the technical management's professional instructions,
  • has established principles which are to be observed during the plant inspections
  • provides evidence of an operational quality assurance system,
  • provides proof of the existence of liability insurance for soil and water damage for the activities of its experts with coverage of at least EUR 2.5 million per claim, and
  • declares that it indemnifies the countries in which the experts carry out tests from any liability for the activities of its experts.

When examining the application for recognition, evidence of individual requirements from another Member State of the European Union or the European Economic Area shall be deemed equivalent to domestic evidence if it shows that the organization meets the requirements in question.

Which documents are required?

  • Informal application for recognition
  • Proof of appointment of a natural person authorized to represent the company
  • Proof of a technical management
  • Evidence of the experts carrying out the inspection (their reliability, independence, ability and technical knowledge)
  • Proof of an operational quality assurance system and its organization
  • Proof of the existence of a liability insurance for soil and water damage for the activities of your experts with a coverage of at least 2.5 million EUR per damage event
  • Declaration of exemption for the federal states

Following queries from the competent body, you may need to submit further documents.

In the case of equivalence determination for recognitions from other EU countries:

  • foreign recognition in the original or as a copy
  • if necessary a certified copy

if necessary, a certified German translation

What deadlines do I have to pay attention to?

You need the recognition before starting the activity.

Processing duration

Processing time: 4 Months

Legal basis

Appeal

If the authority does not grant recognition, it will send you a corresponding notice. In this case, you can file an objection. How to do this is described in your notice.

Applications / forms

Personal appearance required: No

  • Forms: No
  • Online procedure possible: No

What else should I know?

Author

The text was automatically translated based on the German content.

Technically approved by

Federal Ministry for the Environment, Nature Conservation, Nuclear Safety and Consumer Protection (BMUV)

Professionally released on

19.10.2022

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