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

If you want to set up an expert organization that inspects systems for handling substances hazardous to water, prepares expert reports and certifies or monitors specialist companies, you must apply for recognition from the competent authority.

In order to be able to appoint experts to inspect systems for handling water-polluting substances, prepare expert reports as part of suitability assessments and certify or monitor specialist companies on behalf of your expert organization, you must apply for recognition from the competent authority of the country in which the headquarters of your organization is to be located. Recognition is valid for the whole of Germany.

Recognitions from another member state of the European Union or another state party to the Agreement on the European Economic Area are equivalent to recognitions from the competent authority here if they are equivalent to them. They must be submitted to the authority in the original or as a copy before the commencement of testing or surveillance activities; certification of the copy may be requested. The competent authority may also require that equivalent recognitions in accordance with sentence 1 be submitted in a certified German translation.

The competent authority for the recognition procedure is the Hessian State Agency for Nature Conservation, Environment and Geology.

To the Hessian State Agency for Nature Conservation, Environment and Geology.

• Proof of appointment of a natural person authorized to represent the company
• Proof of technical management
• Proof of the experts carrying out the work (their reliability, independence, ability and expertise)
• Proof of an operational quality assurance system and its organization
• Proof of the existence of liability insurance for soil and water damage for the activities of their experts with cover of at least 2.5 million euros per claim
• Declaration of indemnity for the federal states

Further documents may have to be provided after consultation with the competent authority.

• Written form required: Yes
• Personal appearance required: No

An organization can be recognized as an expert organization if it

1. names a natural person authorized to represent the organization and proves their power of representation to the competent authority,
2. proves that a technical management and a deputy have been appointed who meet the requirements applicable to experts in accordance with § 53,
3. has appointed a sufficient number of experts who meet the requirements specified in § 53 and are bound by the technical instructions of the technical management,
4. has established principles that must be observed during the system inspections,
5. provides evidence of an operational quality assurance system,
6. provides proof of the existence of liability insurance for soil and water damage for the activities of its experts with cover of at least 2.5 million euros per claim and
7. declares that it indemnifies the countries in which the experts carry out inspections against any liability for the activities of its experts

The quality assurance system in accordance with sentence 1 number 5 must ensure that suitable organizational structures are in place to guarantee proper system inspections in accordance with § 46. In particular, it must contain requirements for inspections of test reports and test equipment, for conducting individual discussions with the experts and for inspections of the experts' testing activities at reference installations. If the recognition is also to extend to the certification and monitoring of specialist companies in accordance with Section 62 (1), Section 57 (3) sentence 1 numbers 3 and 4 shall apply accordingly to the expert organization in addition to the requirements specified in sentence 1. In this case, notwithstanding sentence 2, the quality assurance system in accordance with sentence 1 number 5 must also ensure that suitable organizational structures are in place to monitor the expert inspectors and guarantee the proper inspection of the specialist firms.

When examining the application for recognition, evidence of individual requirements from another Member State of the European Union or another signatory state to the Agreement on the European Economic Area shall be deemed equivalent to domestic evidence if it shows that the organization meets the relevant requirements in accordance with paragraph 3 or the essentially comparable requirements of the issuing state on the basis of its objectives. Paragraph 2 sentences 2 and 3 shall apply accordingly.

Information on the requirements for recognition can be found in the LAWA leaflet on the recognition of expert organizations according to § 52 and of quality and monitoring associations according to § 57 of the Ordinance on Installations Handling Substances Hazardous to Water (AwSV).

You submit an informal application to the competent authority for recognition as an expert organization for facilities handling substances hazardous to water in accordance with the AwSV. You enclose the necessary documents with this application. It is advisable to contact the competent authority in good time to discuss whether further documents or clarifications are required. If necessary, the authority will request further application documents and grant approval after reviewing the application. Recognition may be subject to revocation, a time limit, conditions, requirements and the imposition of conditions.

before commencing work

Recognition must have been granted before taking up the activity.

A decision on an application for recognition must be made within a period of four months; Section 42a (2) sentences 2 to 4 of the Administrative Procedure Act shall apply.

The application is subject to a fee if a notice of recognition is issued.

Recognition may be subject to revocation, a time limit, conditions, requirements and the imposition of conditions. If the expert organization meets the requirements of the AwSV and the LAWA leaflet "Recognition of expert organizations and quality and monitoring associations", recognition is generally granted for five years.