Apply for recognition as an expert organisation for installations for the handling of water-polluting substances

Organizations can be recognized as expert organizations for the inspection of facilities for handling substances hazardous to water if they meet the requirements of Section 52 of the Ordinance on Facilities for Handling Substances Hazardous to Water.

In order to be able to appoint experts to inspect equipment for handling substances hazardous to water on behalf of your expert organisation, to prepare expert opinions within the framework of suitability assessments and to certify or monitor specialist companies, you must apply for recognition from the competent authority of the country in which your organisation's headquarters are to be located. The recognition is valid for 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 are equivalent to recognitions of the competent authority if they are equivalent to them. They must be submitted to the authority in the original or in copy before the start of the inspection or monitoring activities; certification of the copy may be required. In addition, the competent authority may require that equivalent recognitions in accordance with sentence 1 be submitted in a certified German translation.

Supreme Water Authority

Supreme Water Authority

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

An organisation may be recognised as an expert organisation if it designates a natural person authorised to represent the organisation and provides evidence of his or her power of representation vis-à-vis the competent authority:

1. proves that a technical manager and a deputy have been appointed who meet the requirements applicable to experts in accordance with § 53,

2. has appointed a sufficient number of experts who meet the requirements set out in § 53 and are bound by the technical instructions of the technical management,
3. has established principles that must be observed during plant inspections,
4. demonstrates an operational quality assurance system,
5. provides proof of the existence of liability insurance for soil and water damage for the activities of its experts with a sum insured of at least 2.5 million euros per claim, and
6. declares that it will indemnify the countries in which the experts carry out inspections from any liability for the activities of their experts.

The quality assurance system in accordance with sentence 1 number 5 shall ensure that suitable organisational structures are in place to ensure proper plant inspections in accordance with § 46. In particular, it must contain specifications for checks on test reports and test equipment, on the conduct of individual interviews with experts and on controls of the experts' testing activities at reference plants. If the recognition is also to extend to the certification and monitoring of specialist companies in accordance with § 62 (1), § 57 (3) sentence 1 numbers 3 and 4 shall apply mutatis mutandis to the expert organisation in addition to the requirements set out 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 organisational structures are in place according to which the specialist inspectors are monitored and which ensure the proper inspection of the specialist companies.

When examining the application for recognition, evidence of individual requirements 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 it shows that the organisation meets the relevant requirements under paragraph 3 or the requirements of the issuing State which are essentially comparable by virtue of its objective. Paragraph 2 sentences 2 and 3 shall apply accordingly.

An objection may be lodged against a notice of recognition within one month of notification. The objection would have to be filed in writing with the Lower Saxony State Agency for Water Management, Coastal Protection and Nature Conservation, An der Scharlake 39, 31135 Hildesheim, or declared to be recorded.

You submit an informal application to the competent authority for recognition as an expert organisation for installations for the handling of water-polluting substances in accordance with the AwSV. They shall attach the necessary documents to this application. It is advisable to contact the competent authority in good time to discuss whether further documents or details are required. If necessary, the authority will request further application documents and, after reviewing the application, grant recognition. Recognition may be subject to a reservation of revocation, a time limit, conditions, requirements and the reservation of conditions.

A decision on an application for recognition must be taken within a period of four months.

The application will be subject to a fee if a decision is issued. Costs (fees and expenses) are incurred in accordance with § 1 of the Ordinance on Fees and Expenses for Official Acts and Services (General Fee Regulations) of the State of Lower Saxony.

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