Installations for the handling of substances hazardous to water: Recognising the expert organisation

They submit an informal application to the competent authority for recognition as an expert organisation for installations for the handling of substances hazardous to water in accordance with the AwSV. They shall attach the necessary documents to this application. It is appropriate to contact the competent authority in good time to discuss whether further documentation or specification is required. If necessary, the authority will request further application documents and grant recognition after examination of the application. The recognition can be provided with a reservation of revocation, a time limit, with conditions, obligations and the reservation of conditions.

An organisation may be recognised as an expert organisation if:

1. appoints a natural person authorised to represent and proves his or her power of representation vis-à-vis the competent authority,
2. proves that a technical manager 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 referred to in § 53 and are bound by technical instructions from the technical management,
4. has established principles to be observed in the plant inspections,
5. demonstrates 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 a sum insured of at least EUR 2.5 million per claim, and
7. declares that it indemnifies the countries in which the experts carry out audits from any liability for the activities of its experts

The quality assurance system according to sentence 1 number 5 must ensure that suitable organizational structures are in place that ensure proper plant inspections in accordance with § 46. In particular, it shall contain provisions on the control of the test reports and the test equipment, on the conduct of individual discussions with the experts and on controls of the inspection activities of the experts at reference installations. If the recognition is also to extend to the certification and monitoring of specialist companies in accordance with § 62 paragraph 1, § 57 paragraph 3 sentence 1 number 3 and 4 shall apply mutatis mutandis to the expert organisation in addition to the requirements mentioned in sentence 1. In this case, the quality assurance system referred to in sentence 1 number 5 must also ensure, notwithstanding sentence 2, that suitable organisational structures are in place according to which the specialist auditors are monitored and which ensure the proper inspection of the specialist companies.

When 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 it appears that the organisation meets the relevant requirements laid down in paragraph 3 or the requirements of the issuing State which are substantially comparable by virtue of their objective. Paragraph 2 sentences 2 and 3 shall apply mutatis mutandis.

• Proof of designation of a natural person authorised to represent the company
• Proof of technical management
• 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 sum insured of at least EUR 2.5 million per claim
• Declaration of exemption for the Länder

If necessary, further documents must be provided after further inquiries from the competent authority.

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

before commencing the activity

An application for recognition must be decided within a period of four months; § 42a paragraph 2 sentences 2 to 4 of the Administrative Procedure Act shall apply.

• § 62 and 63 Water Resources Act (WHG)
• § 52 Ordinance on Installations for the Handling of Substances Hazardous to Water (AwSV)

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

18.12.2020