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Recognition and disclosure as an expert or technical expert in accordance with the Federal Soil Protection Act

Service Description

The Act on the Protection against Harmful Soil Changes and the Remediation of Contaminated Sites provides for the involvement of experts at several points. In order to be recognized as an expert in the field of soil protection, you must meet the following requirements:

1. demonstrate the necessary expertise (qualified training, practical experience, further training)

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

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

Recognized experts or experts are recognized and active in six different subject areas:

1. areal and site-specific survey/historical investigation

2. risk assessment for the soil-water impact pathway

3. risk assessment for the soil-plant impact pathway, precautions to limit the input of substances into the soil and during the application and introduction of materials

4. risk 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 established, you will be recognized and notified by decision and with a certificate of recognition.

The contact details of the recognized and notified experts are published in standardized directories. If you already have a public appointment in accordance with the Trade Regulation Act in the requested field 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 some experts who, in addition to their public appointment under the Trade, Commerce and Industry Regulation Act, are also recognized under the Federal Soil Protection Act. Experts whose expertise, reliability and technical equipment have been checked in another federal state in accordance with comparable requirements are also recognized as experts under the Federal Soil Protection Act. A new examination is not required.

Process flow

You can submit the application in writing or electronically.

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

You will then receive a notification of fees. The fees are generally due when the application is submitted.

The recognition authorities will also check your reliability, your technical equipment and your liability insurance. Your technical suitability is checked by committees or specialist bodies for soil protection and contaminated sites. You must also bear the costs here. The review procedure usually consists of an assessment of the expert reports you have submitted, a written report and a technical discussion. You will generally be informed of the result of the review in writing. On request, the decision can be explained in an interview. If the recognition authority has checked all the requirements and your professional suitability/expert knowledge has been established, you will be recognized and notified by notification and receive a certificate. Your recognition will be published in the nationwide list of experts and also announced in the publication organ of the recognition authority.

Requirements

In order to be recognized as an expert in the field of soil protection, you must prove that you

  • have the necessary, comprehensive expertise,
  • have the necessary technical equipment and the required liability insurance for the expert activity and
  • prove your personal reliability.

Which documents are required?

  • Description of the subject area applied for
  • Curriculum vitae in tabular form with professional background and passport photo
  • Description of current main areas of professional activity
  • Original certificate of good conduct "for submission to an authority" (not older than three months) and/or agreement that unlimited information will be obtained from the Federal Central Register in expert matters
  • Copies of certificates
  • Proof of liability insurance or a concrete declaration of intent to take out an appropriate amount of insurance
  • Proof of activity from the last three years with a list of objects showing the type of appraisals worked on independently during this time and the topics and issues dealt with as well as any associated contacts and reference persons
  • in the last five years prior to application, independently prepared expert opinions or expert opinions with marked own work, five per subject area applied for.
  • any other written work that is suitable to demonstrate the required expertise (scientific publications, working aids, etc.)
  • Proof of subject-specific further training in the last three years

Declarations that

  • that the applicant is in good financial standing;
  • whether any proceedings concerning the submission of an affidavit in execution have been pending against him/her personally or in his/her capacity as legal representative of a commercial company in the 10 years prior to the application;
  • whether insolvency proceedings have been opened against his or her assets or the assets of a company of which he or she was a director or managing director, or have been rejected for lack of assets;
  • whether preliminary proceedings are pending against him or her or such proceedings have been pending in the last five years but were discontinued
  • whether penalties have been imposed on him or her by a German or foreign court (date, reason, sentence)
  • whether, when and to which authority he or she has at any time applied to be publicly appointed and sworn in as an expert.
  • Experts who are in an employment or civil servant relationship also require a declaration of exemption from the employer or employer

Please contact the authority responsible for you to find out whether you need to submit further documents.

What are the fees?

Is based on the respective administrative fee schedule of the federal state or on the fee statutes of the authorities responsible under federal state law.

Fee: 300,00 - 2500,00 EUR
Payment in advance: no

Fee: 1000,00 - 3000,00 EUR
Payment in advance: no

What deadlines do I have to pay attention to?

none

Processing duration

The necessary examinations are very extensive and can take between six and eighteen months, depending on the area of appointment.

Processing Time: 6 - 18 Months

Legal basis

Applications / forms

  • Administrative court action
  • Objection

Appeal

  • Forms available: Yes
  • Written form required: No
  • Informal application possible: No
  • Personal appearance necessary: Yes

What else should I know?

There are no indications or special features.

Further Information

Author

The text was automatically translated based on the German content.

Professionally released on

11.01.2024

Source: Zuständigkeitsfinder Thüringen (Linie6Plus)

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