Recognition and disclosure as an expert or expert according to the Federal Soil Protection Act
The Act on Protection against Harmful Soil Changes and on the Remediation of Contaminated Sites provides for the involvement of experts in several places. In order to be recognized as an expert or expert in the field of soil protection, you must meet the following characteristics:
1. prove the necessary expertise (qualified training, practical experience, further training)
2. Disposal of technical equipment (does not have to be owned, access can be proven via concluded contracts)
3. Reliability and your personal integrity (evidence and declarations of personal, economic, organizational independence)
Recognized experts are recognized and active in six different fields:
1. Area-based and site-specific survey/historical exploration
2. Hazard assessment for the soil-water impact pathway
3. Hazard assessment for the soil-plant impact pathway, precautionary measures to limit substance inputs into the soil and during the introduction and introduction of materials
4. Hazard assessment for the soil-human impact 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 suitability/expertise has been determined, recognition and notification will be made by notice and with a certificate of recognition.
The contact details of the recognised and notified experts are published in uniform registers. If you already have a public appointment in accordance with the Industrial Code in the subject area applied for and have completed suitable further training, you will also provide proof of the necessary expertise for recognition in accordance with the Federal Soil Protection Act and examination bodies for soil protection and contaminated sites. This means that there are some experts who, in addition to their public appointment under the Industrial Code, also have recognition under the Federal Soil Protection Act. Experts are also recognised as experts under the Federal Soil Protection Act whose expertise, reliability and technical equipment have been checked in another federal state in accordance with comparable requirements. There is no need to re-check.
You can submit the application 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 are met.
You will then receive a fee notice. The fees are generally due when the application is submitted.
In addition, the recognition authorities check the reliability as well as the technical equipment and your liability insurance. Their professional suitability is checked by committees or expert committees for soil protection and contaminated sites. Again, you will have to bear the costs. The review procedure 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 suitability/expertise has been determined, the recognition and announcement will be made by decision and you will receive a certificate. Their recognition is published in the nationwide register of experts and also published in the publication organ of the recognition authority.
Who should I contact?
In order to be recognised as an expert or expert in the field of soil protection, you must prove that you
- on the requisite, comprehensive expertise,
- have the necessary technical equipment and the necessary liability insurance for the expert activity, and
- Proof of 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 of activity
- Certificate of good conduct "for submission to an authority" in the original (not older than three months) and/or consent to obtain unlimited information from the Federal Central Register in expert matters
- Copies of certificates
- Proof of liability insurance or a concrete letter of intent to conclude the contract in an appropriate amount
- a record of activity from the last three years with a list of objects showing the type of expert opinions independently processed during this period and the topics and questions dealt with as well as any associated contact persons and reference persons,
- in the last five years before the application is submitted, independently prepared expert opinions or expert opinions with marked own contributions, five per subject area applied for.
- possibly other written elaborations that are suitable to prove the necessary expertise (scientific. Publications, work aids, etc.)
- Proof of subject-specific training in the last three years
- that the applicant is in an orderly financial situation;
- whether, in the last 10 years prior to the application, proceedings were pending against him, personally or in his capacity as the legal representative of a commercial company, for the submission of the affidavit in the context of foreclosure;
- whether insolvency proceedings have been opened or rejected for lack of assets in respect of his or her assets or the assets of a company of which he or she was a director of directors;
- whether an investigation is pending against him or her or whether such proceedings have been pending for the past five years but have been discontinued
- whether penalties have been imposed on him or her by a German court or foreign court (date, reason, sentence);
- whether, when and from what body he or she has at any time applied for public appointment and swearing-in as an expert or expert.
- Experts who are employed or civil servants also require a declaration of exemption from their employer or employer
Please check with the authority responsible for you whether you need to submit 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?
The necessary tests are very extensive and can take between six and eighteen months, depending on the area of order.
Applications / forms
- Form: Application form of the recognising authority
- Online procedure: not possible
- Written form requirement: yes
- Personal appearance required: yes
- Administrative court action
What else should I know?
There are no clues or peculiarities.
Technically approved by
Association of German Chambers of Commerce and Industry
Professionally released on