Anerkennung als Sachverständigenorganisation für Anlagen zum Umgang mit wassergefährdenden Stoffen beantragen

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.

An expert organization is usually a legal entity (company, association, etc.).

In order to be able to appoint experts to inspect systems 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 authority of the country in which the head office of your organization is to be located. Recognition is valid for the whole of Germany.

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

• Inspect installations for handling substances hazardous to water,
• prepare expert opinions as part of suitability assessments and
• certify or monitor specialist companies.

For the recognition of an expert organization, you must

• name a natural person authorized to represent the organization,
• appoint a technical director and a deputy,
• appoint a sufficient number of experts,
• establish principles that must be observed during system 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), foreign recognition can be treated as equivalent to German recognition. The prerequisite is that foreign recognition is equivalent and verifiable. You may have to submit certified copies and translations to the competent authority for this process.

• Informal application for recognition
• 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 your experts with cover of at least EUR 2.5 million per claim
• Declaration of exemption for the federal states

You may be required to submit further documents following queries from the competent body.

When determining equivalence for recognitions from other EU countries:

• foreign recognition in the original or as a copy
• a certified copy, if applicable
• certified German translation, if applicable

The following documents are also required:

• Proof of the power of representation of the appointed natural person authorized to represent the company
• Proof of the appointment of a deputy for the appointed technical management

An organization can be recognized as an expert organization if it

• designates a natural person authorized to represent the organization and proves their authority to represent the organization 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 instructions of the technical management,
• has established principles to be observed during the system 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 cover of at least EUR 2.5 million per claim and
• declares that it indemnifies the countries in which the experts carry out inspections against 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 is deemed equivalent to domestic evidence if it shows that the organization meets the relevant requirements.

• Description of the costs: Administrative fee (notice of costs)
• Amount of costs (variable): from € 1,000 up to € 5,000

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

• Submit an informal application.
• Enclose the required 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.
• After reviewing the application, recognition or rejection will be granted.
• Recognition may be subject to revocation, a time limit, conditions, requirements and the imposition of conditions.

The competent authority shall decide on the (complete) application within a period of four months (Section 42 (2) sentences 2 to 4 of the VwVfG shall apply).

You need recognition before starting work.

After the expiry of the time limit for recognition, the application for new recognition must be submitted at least four months before the expiry of the time limit.

Action before the competent administrative court

• Granting of recognition of an expert organization for installations handling substances hazardous to water
• Establishment of an expert organization is only possible through recognition by the authorities
  • Recognition must be applied for
• An expert organization for systems for handling substances hazardous to water has the following tasks, among others:
  • inspects installations,
  • prepares expert opinions,
  • certifies or monitors specialized companies
• Requirements for the recognition of an expert organization:
  • Appointment of a natural person authorized to represent the company and proof of power of representation
  • Appointment of a technical director and a deputy who meet the requirements applicable to experts
  • Sufficient number of experts
  • Establishment of principles
  • Proof of an operational quality assurance system
  • Proof of the existence of liability insurance for soil and water damage for the activities of the experts with cover of at least EUR 2.5 million per claim
  • Declaration that the organization indemnifies the countries in which the experts carry out inspections against any liability for the activities of the experts
• Recognitions from EU or EEA member states must be submitted to the competent German authority
• Application for recognition in the federal state in which the organization has its headquarters
• Recognition applies to the entire federal territory

• responsible: Ministry for Climate Protection, Agriculture, Rural Areas and the Environment Mecklenburg-Vorpommern

Ministry for Climate Protection, Agriculture, Rural Areas and the Environment Mecklenburg-Western Pomerania, Department 450

Personal appearance required: No

Forms available: Yes
Written form required: Yes
Informal application possible: Yes