Ordinance Amending The Ordinance On Inspection Of Boiler And Heating Installations In Buildings (Transposition Of The "services Directive", Etc.)

Original Language Title: Bekendtgørelse om ændring af bekendtgørelse om eftersyn af kedel- og varmeanlæg i bygninger(Gennemførelse af ”servicedirektivet” m.v.)

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=129398

Ordinance amending the Ordinance on inspection of boiler and heating in bygninger1)

(Implementation of the "services directive", etc.)

§ 1

In executive order No. 438 of 3. June 2008 for inspection of boiler and heating systems in buildings, as amended by Decree No. 587 of 24. June 2009, is amended as follows:

1. Footnote shall be replaced by the following: ' the Ordinance contains provisions implementing parts of the Council Directive 93/76/EEC of 13. September 1993 to limit carbon dioxide emissions by improving energy efficiency (SAVE) (Official Journal 1993 No. L 237, page 28), parts of the European Parliament and Council Directive 2002/91/EC of 16. December 2002 on the energy performance of buildings, (the official journal of the European Communities 2003 nr. L 1, page 65), parts of the European Parliament and of the Council Directive 2005/36/EC of 7. September 2005 on the recognition of professional qualifications (the official journal of the European Union 2005 nr. L 255, page 22) and parts of the European Parliament and Council Directive No. 2006/123/EC of 12. December 2006 on services in the internal market (Official Journal of the European Union 2006 nr. L 376, p. 36). '

2. Under section 18 shall be added:

» § 18 a. Energy Agency shall decide on the acceptance and approval of technical experts no later than 6 weeks after receipt of the application referred to in article 6. However, paragraph 2. This period shall begin from the time when all documentation has been submitted.

(2). The time limit referred to in paragraph 1 may be extended only once if the complexity of the case so warrants. The Danish Energy Agency justifies the extension and duration of the extension and shall communicate this to the applicant before the expiry of the time limit referred to in paragraph 1. Decision in accordance with paragraph 1, shall in all circumstances be taken within 4 months after the time when all documentation has been submitted.

(3). The applicant shall not conduct inspection of boiler and heating installations in buildings after this notice before he or she is accepted as a technical expert from the Danish Energy Agency.

(4). When FIVE-the Secretariat has received an application for approval or renewal of approval, sends five to the Secretariat as soon as possible a receipt to the applicant indicating:

1) processing time limit referred to in article 6. paragraphs 1 and 2,

2) that the applicant is not allowed to perform tasks such as technical expert after this notice before they are approved for this purpose by the DEA, and

3) right of appeal.

(5). If the application is incomplete, the applicant will be informed as soon as possible and that there must be submitted further documentation and on the possible impact on processing time limit referred to in article 6. paragraphs 1 and 2. '

4. section 22, paragraph 4, shall be replaced by the following: ' (4). Application for authorisation shall be submitted to the DEA, which grant any authorisation under paragraph 1-2. '

5. In section 22 is repealed paragraph 5.




Paragraph 6 becomes paragraph 5.



6. Under section 22 shall be inserted:

» § 22 a. Energy Agency shall decide on the authorisation to pursue the occupation on an equal footing with technical experts, approved under section 17, no later than 6 weeks after receipt of the application referred to in article 6. However, paragraph 2. This period shall begin from the time when all documentation has been submitted.

(2). The time limit referred to in paragraph 1 may be extended only once if the complexity of the case so warrants. The Danish Energy Agency justifies the extension and duration of the extension and shall communicate this to the applicant before the expiry of the time limit referred to in paragraph 1. Decision in accordance with paragraph 1, shall in all circumstances be taken within 4 months after the time when all documentation has been submitted.

(3). The applicant shall not conduct inspection of boiler and heating installations in buildings after this notice, before the Danish Energy Agency has notified him or her permission to practise on an equal footing with technical experts, approved under section 17.

(4). When the Danish Energy Agency has received an application for authorisation to practise the profession on an equal footing with the approved technical experts, Danish Energy Agency as soon as possible, send a receipt to the applicant indicating:

1) processing time limit referred to in article 6. paragraphs 1 and 2,

2) that the applicant is not allowed to perform tasks in accordance with this Ordinance on an equal footing with technical experts, approved under section 17, before he or she has been granted an authorisation by the DEA, and

3) right of appeal.

(5). If the application is incomplete, the applicant will be informed as soon as possible and that there must be submitted further documentation and on the possible impact on processing time limit referred to in article 6. paragraphs 1 and 2. '

7. In article 24, paragraph 1, the following is inserted after ' five-Secretariat. ': ' application for registration are submitted to five-the Secretariat and shall be decided by the Danish Energy Agency. '

8. Under section 24 shall be inserted:

» § 24 a. Energy Agency shall decide on the registration of companies, employing technical experts, not later than 6 weeks after receipt of the application referred to in article 6. However, paragraph 2. This period shall begin from the time when all documentation has been submitted.

(2). The time limit referred to in paragraph 1 may be extended only once if the complexity of the case so warrants. The Danish Energy Agency justifies the extension and duration of the extension and shall notify this to the company requesting the registration before the expiry of the time limit referred to in paragraph 1.

(3). The notifying company may not carry out tasks such as technical expert company after this Ordinance before it has received communication from the Danish Energy Agency for inclusion in the register.

(4). When the Secretariat has received FIVE-request for registration of a company that employs technical experts, will send five to the Secretariat as soon as possible a receipt for the technical expert company with information about:

1) processing time limit referred to in article 6. paragraphs 1 and 2,

2) to the notifying company must not perform tasks such as technical expert company after this Ordinance before it has received communication from the Danish Energy Agency for inclusion in the register, and

3) right of appeal.

(5). If the documentation for the registration is incomplete, please give the notifying company as soon as possible and that there must be submitted further documentation and on the possible impact on processing time limit referred to in article 6. paragraphs 1 and 2.

section 24 (b). The registered company, respectively, in accordance with Chapter 6 established expert and, in accordance with the provisions of Chapter 5 temporary or occasional practising as an expert after this notice, shall indicate the using or want to use an expert inspection of boiler or heating systems after this announcement, on

1) occupational title and possible EU/EEA country where the authorization for the use of the title is given,

2) the interbranch organisations, as the technical expert may be a member of, and

3) contact information for the DEA.

(2). If the using or want to use an expert to overhaul after this notice, requesting it, should the company, respectively, the expert referred to in paragraph 1, provide information on the rules applicable to the conduct of the profession, and how he or she will have access to them. '

§ 2

The notice shall enter into force on the 28th. December 2009.

(2). Applications received to the Ministry of science, technology and innovation, CIRIUS pursuant to section 22 of the Decree No. 438 of 3. before 1 June 2008. January 2010, and that are not pending, passed immediately to the Danish Energy Agency.
The Danish Energy Authority, the 15. December 2009 Ib L/Mette Odgaard Mylin Official notes 1) Ordinance contains provisions implementing parts of a European Parliament and Council Directive No. 2006/123/EC of 12. December 2006 on services in the internal market (Official Journal of the European Union 2006 nr. L 376, p. 36).