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Recognition and disclosure as an expert or expert according to the Federal Soil Protection Act


The Act on the Protection against Harmful Soil Changes and the Remediation of Contaminated Sites provides for the involvement of experts in several places. To be recognized as an expert or expert in the field of soil protection, you must meet the following characteristics:

1. Prove the required expertise (qualified training, practical experience, further training)

2. Disposal of technical equipment (does not have to be owned, access can be proven by concluded contracts)

3. Reliability and your personal integrity (evidence and declarations of personal, economic, organizational independence)

Recognised experts or experts are recognised and active in six different subject areas:

1. Large-scale and location-based survey/historical exploration

2. Hazard assessment for the soil-water pathway

3. Hazard assessment for the soil-plant pathway, precautions to limit substance inputs into the soil and during the application and introduction of materials

4. Risk assessment for the soil-human pathway 5. Remediation

6. Hazard identification, assessment and prevention of harmful soil changes due to soil erosion by water

Once the recognition authority has checked all the requirements and your professional aptitude/expertise has been determined, recognition and notification will be made by notification and with a certificate of recognition.

The contact details of recognised and notified experts are published in uniform registers. If you already have a public appointment in accordance with the Trade and Industry Code in the subject area applied for and have completed suitable further training, you also provide proof of the necessary expertise for recognition in accordance with the Federal Soil Protection Act and Investigation Bodies for Soil Protection and Contaminated Sites. This means that there are a number of experts who, in addition to their public appointment in accordance with the Industrial Code, also have recognition in accordance with the Federal Soil Protection Act. Experts under the Federal Soil Protection Act are also recognised as experts whose expertise, reliability and technical equipment have been tested in another federal state in accordance with comparable requirements. There is no need for a new check.

Process flow

You can submit the request in writing or electronically.

Once you have submitted the application and all documents are complete, the competent authority will check whether all the requirements for recognition as an expert or expert have been met.

You will then receive a fee notice. The fees are generally due with the application.

In addition, the recognition authorities will check the reliability as well as the technical equipment and your liability insurance. Their professional suitability is examined by committees or expert bodies for soil protection and contaminated sites. Again, you will have to bear the costs. The review process usually consists of the evaluation of your submitted expert opinions, as well as a written elaboration and an expert discussion. The result of the review will always be communicated to you in writing. If desired, the decision can be explained in a conversation. Once the recognition authority has checked all the requirements and your professional aptitude/expertise has been determined, the recognition and notification will take place by notification and you will receive a certificate. Their recognition will be published in the nationwide register of experts and will also be published in the publication organ of the recognition authority.

Requirements

In order for you to be recognised as an expert or expert in the field of soil protection, you must prove that you:

  • the requisite comprehensive expertise,
  • have the necessary technical equipment and the necessary liability insurance for the expert work, and
  • Prove your personal reliability.

Which documents are required?

  • Name of the subject area applied for
  • Curriculum vitae in tabular form with professional career and passport photo
  • Description of the current professional focus
  • Certificate of good conduct "for submission to an authority" in the original (not older than three months) and/or consent to obtain unrestricted information from the Federal Central Register in expert matters
  • Copies of certificates
  • Proof of liability insurance or a concrete declaration of intent to take out the contract in an appropriate amount
  • a list of activities from the last three years with a list of objects showing the type of expert opinions independently processed during this time and the topics and questions dealt with as well as any associated contact persons and reference persons
  • in the last five years prior to the submission of the application, independently prepared expert opinions or expert opinions with marked in-house contributions, namely five for each subject area applied for.
  • possibly other written elaborations that are suitable to prove the required expertise (scientific). Publications, work aids, etc.)
  • Proof of subject-specific training in the last three years

Declarations as to the

  • that the applicant is in an orderly financial situation;
  • whether he or she has been the subject of proceedings for the submission of an affidavit in the context of enforcement in the 10 years preceding the application, either personally or in his capacity as a legal representative of a commercial company;
  • whether insolvency proceedings have been opened in respect of his or her assets or the assets of a company of which he or she was a director or director or whether they have been rejected for lack of assets;
  • whether he or she is under investigation or has been pending in the last five years but has been discontinued
  • whether he or she has been sentenced by a German court or foreign court (date, reason, sentence);
  • whether, when and from which body he or she has at any time applied for public appointment and swearing-in as an expert.
  • Experts who are employed or civil servants also require a declaration of exemption from their employer or employer

Please check with your local authority to see if you need to submit any further documents.

What are the fees?

Depends on the respective administrative fee schedule of the state or on the fee statutes of the competent authorities under state law.

What deadlines do I have to pay attention to?

none

Processing duration

The necessary tests are very extensive and can take between six and eighteen months, depending on the order area.

Applications / forms

  • Form: Application form of the recognising authority
  • Online procedure: not possible
  • Written form requirement: yes
  • Personal appearance required: yes

Appeal

  • Administrative Court Action
  • Contradiction

What else should I know?

There are no hints or specifics.

Technically approved by

Association of German Chambers of Industry and Commerce

Professionally released on

06.11.2020

Source: Serviceportal Niedersachsen (Portalverbund des Bundes und der Länder)