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Substances hazardous to water; application for recognition of an expert organization

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.

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Procedure details

Expert organizations are recognized in accordance with the "Ordinance on Installations for the Handling of Substances Hazardous to Water" (AwSV). In Bavaria, the Bavarian State Office for the Environment (LfU) is responsible for the recognition and supervision of expert organizations. The expert organizations are responsible for the training, examination, appointment and supervision of AwSV experts. For further details see § 52 AwSV.

Recognition procedure

The application for recognition as an expert organization can be submitted in writing to the recognition authority. The application must be accompanied by the documents listed below.

As the recognition is valid for all countries, only one recognition per organization is required. The application for recognition should be submitted in the country in which the organization is based. When submitting the application, the organization must state whether it has also submitted an application for recognition as an expert organization in another country. Organizations based in Bavaria must apply for recognition in Bavaria.

Recognitions from other countries
Recognitions from other countries in the Federal Republic of Germany are also valid in Bavaria. The same applies to equivalent recognitions from member states of the European Union.

In accordance with Section 53 (1) sentence 1 AwSV, the expert organization may only appoint persons as experts who

  1. have the necessary reliability to act as experts,
  2. are independent with regard to the testing activity; in particular, there must be no connection between the tasks according to § 52 paragraph 1 sentence 2 number 1 and other services that are or have been provided in connection with the planning or manufacture, distribution, operation or maintenance of the systems or system components to be tested,
  3. are physically capable of carrying out the tests properly,
  4. offer the guarantee that they will carry out the tests properly on the basis of their specialist knowledge and the experience they have gained through their practical work,
  5. have the necessary knowledge of the relevant water, building, operational safety, immission control and waste legislation and technical regulations and
  6. are not appointed by any other expert organization operating in Germany.

The specialist knowledge required in accordance with § 52 Paragraph 1 Sentence 1 Number 4 is present if

  • the expert has successfully completed a degree in engineering or natural sciences in a subject relevant to the activity carried out or has vocational training recognized as equivalent.
  • The experience referred to in paragraph 1 sentence 1 number 4 requires at least five years of professional activity in the field of planning, construction or operation and testing of installations for handling substances hazardous to water.

The expert organization shall satisfy itself by means of a theoretical and practical examination prior to appointment that the expert to be appointed meets the requirements of paragraph 1 sentence 1 number 4. The result of this examination must be documented.

The expert organization must have a sufficient number of experts in accordance with Section 53 (3) sentence 1 no. 3 AwSV. As a rule, expert organizations are recognized if they have at least five persons suitable for the inspection.

  • Information on the organisation (type, registered office, articles of association, previous activity - if any) and person authorised to represent it
  • List of experts
    or the persons intended to be appointed and the members of the technical management (including the deputies) with the following information: Name, date of birth, statement of professional background and practice, supporting documents for the technical management.
  • Organization Statement,
    that the experts are independent with regard to the audit activity and that there is no connection between the audit activity and other services and that the declarations of assurance and independence have been submitted by the experts
  • Proof of the existence of liability insurance and declaration of exemption
  • Indication of the test areas of the organisation and the test areas for the individual experts (if available)
  • Presentation of the test principles
  • Presentation of the examination regulations for appointment examinations, evidence of the examination board
  • Presentation of the supervision regulations for experts
  • Further information can be found in the LAWA leaflet "Recognition of expert organisations and quality and monitoring associations". This is available on the LfU website (see further links).

LfU procedural costs for recognition as an expert organization (according to Tariff No. 8.IV.0. No. 1.33.5 List of Costs under Art. 5 of the Costs Act): 250 to 2500 Euro

Pursuant to Section 52 (6) AwSV, a decision on an application for recognition must be made within four months of submission of the complete documentation. 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.

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Status: 30.01.2025
Editorial responsibility Bayerisches Staatsministerium für Umwelt und Verbraucherschutz
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