Ordinance Amending The Ordinance On Quality Requirements For Environmental Measurements Carried Out By Accredited Laboratories, Certified Persons, Etc. (Processing Rules, Etc. – Implementation Of Recognition And Service Directive)

Original Language Title: Bekendtgørelse om ændring af bekendtgørelse om kvalitetskrav til miljømålinger udført af akkrediterede laboratorier, certificerede personer m.v.(Sagsbehandlingsregler m.v. – implementering af anerkendelses- og servicedirektivet)

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Ordinance amending the Ordinance on quality requirements for environmental measurements carried out by accredited laboratories, certified persons, etc. 1) (case management rules, etc. – implementation of recognition and service directive) article 1 of Decree No. 1353 of 11. December 2006 on the quality required of environmental measurements carried out by accredited laboratories, certified persons, etc., as amended by Decree No. 1085 of 9. November 2008 is amended as follows: 1. The footnote to notice the title is replaced by the following: ' 1) Ordinance contains provisions implementing parts of a European Parliament and Council Directive 98/83/EC of 3. November 1998 on the quality of drinking water, the official journal of the European communities 1998 No. L 330, page 32, the European Parliament and of the Council Directive 91/271/EEC of 21 December 1988. May 1991 concerning urban waste water treatment, the official journal of the European communities 1991 No. L 135, page 40, the European Parliament and of the Council Directive 76/160/EEC of 8. December 1975 concerning the quality of bathing water, the Official Journal 1976 No. L 31, page 1, of the European Parliament and of the Council Directive 2005/36/EC of 7. September 2005 on the recognition of professional qualifications and the Parliament and Council Directive 2006/123/EC of 12. December 2006 on services in the internal market, the official journal of the European Union 2006 nr. L376, s. 36 ' 2. Under section 11 is added: ' Processing rules, etc.
section 11 (a). The certified person who performs noise measurements or chemical measurements of the basic regulation. Annex 4 or annex 6 shall disclose the relevant recipient of the grant on: 1) contact information to the certification body, designated by the environmental protection agency or the urban and landscape Agency, which has certified the person or person's recognised professional qualifications, 2) information about the person is certified in another EU or EEA country and the country in which the certification is granted.
(2). If the relevant recipient of grant requests it, the certified person who performs noise measurements or chemical measurements, provide information on the technical rules laid down in this Ordinance and how to obtain access to them.
(3). This information shall be made available or communicated in a clear and unambiguous and in good time before conclusion of the contract or in the execution of the service, if there is no written agreement.
section 11 (b). Persons who satisfy the requirements of this Ordinance can be certified to conduct noise measurements or chemical measurements at wastewater treatment plants.
§ 11 c. persons whose professional qualifications acquired in EU, EEA country or in a country with which the EU has entered into an agreement with the provision of regulated professions, and who intend to perform noise measurements or chemical measurements of the basic regulation. Annex 4 or annex 6, are exempt from the requirement for certification, if the certification body referred to in article 6. § 6 recognise the professional qualifications referred to in article 6. Annex 4.2.1 and 4.2.2 and annex 6.2.
(2). People who want recognition of the professional qualifications, must submit a written request to the certification body on the recognition of professional qualifications.
(3). An application under paragraph 1 shall be accompanied by the following documentation: 1) proof of the applicant's nationality, and 2) proof of the applicant's professional qualifications in the form of: (a)) copy of course-or formal qualifications giving access to perform noise measurements or chemical measurements, if the profession is regulated in the country in question, and b) documentation concerning any work experience, or c) proof that the applicant has performed professionally perform noise measurements or chemical measurements on full-time basis for at least two years during the last ten years and copy of one or more course or training certificates, if the profession is not regulated in the country in question.
(4). People who want a continued recognition of their professional qualifications to perform noise measurements or chemical measurements, must submit an application to the certification body shall, at least every three years. The application must be accompanied by documentation of engineering activity related to "Environmental measurement – external noise", see. Annex 4.2.2., or confirmation that the certified person in the making of chemical measurements of the basic regulation. Annex 6 have adhered to the requirements of the certification scheme, see. Annex 6.3.3.
section 11 (d). Persons whose professional qualifications are acquired in an EU, EEA country or in a country with which the EU has entered into an agreement with the provision of regulated professions, and which intends to temporarily or occasionally to perform noise measurements or chemical measurements of the basic regulation. Annex 4 or annex 6, are exempt from the requirement for certification, see. However, paragraph 2 (2). In order to avoid serious damage to the health or safety of the recipient to the above people before business starts first time inform the certification body referred to in article 6. § 6 in view of the possible verification of professional qualifications referred to in article 6. Annex 4.2.1 and 4.2.2 and annex 6.2.
(3). A notification under paragraph 2 shall be accompanied by the following documentation: 1) proof of the nationality of the notifier, 2) certificate to the notifier legally established in an EU, EEA country or a country with which the EU has entered into an agreement with the provision of regulated professions, because it seeks to encourage to perform noise measurements or chemical measurements, and that at the time of submission of the certificate in the context of notification, the Notifier is not prohibited to exercise this profession , not even temporarily, and 3) proof of the qualifications of the notifier, or 4) proof that the applicant has done commercial noise measurements or chemical measurements on full-time basis for at least two years during the last ten years and copy of one or more course or training certificates, if the profession is not regulated in the country in question.
(4). The notifier, see. (2) must renew notification once a year, no later than one year after submission of the notification, or the last renewal, if the person concerned continues to want to perform the profession in Denmark temporarily or occasionally in the course of the coming year. The notification shall be accompanied by documentation of engineering activity related to "Environmental measurement – external noise", see. Annex 4.2.2., or confirmation that the certified person in the making of chemical measurements of the basic regulation. Annex 6 have adhered to the requirements of the certification scheme, see. Annex 6.3.3.
(5). By renewal of the notification referred to in article 6. (4) shall be lodged repeated documentation, see. (3) in so far as there has been significant change compared to the already submitted documentation.
(6). If there is significant difference between the notifier's professional qualifications and the training required in Denmark in accordance with the provisions of this Ordinance, and this difference may harm the public health or safety, the question for the certification body to prove that he or she has acquired the missing knowledge or competence. The certification body may require that the Notifier is an aptitude test. The detailed requirements for the aptitude test shall be laid down in the decision.
(7). The notifier may be imposed shall be payment for the costs of the implementation of the aptitude test. The size does not exceed the amount which will be charged in connection with the implementation of the teaching, examination, etc. in the area concerned.
(8). Decision on the basis of aptitude test and the necessary measures shall be taken within one month of the decision on the conduct of the aptitude test has been taken. The notifier may begin to make noise measurements or chemical measurements within one month of the decision in accordance with paragraph 6.
(9). In the absence of certification body not a decision within the following paragraph 6 and paragraph 8 specified deadlines, the notifier may begin to make noise measurements or chemical measurements.
section 11 (e). the certification body will process applications for recognition of professional qualifications pursuant to section 11 (c) as soon as possible and no later than three months after receipt of the application. The closing date is counted from the time when the applicant has submitted all the information, placed on this to submit under section 11 (c) (3).
(2). The certification body may extend the time limit referred to in paragraph 1 with a month, if the complexity of the case so warrants. the certification body shall give the applicant notice of the extension and for the duration thereof before the expiry of the deadline referred to in paragraph 1. The notification shall contain a statement of reasons for the extension.
(3). Notwithstanding the time limit laid down in paragraph 1 or paragraph 2, the applicant must not perform noise measurements or chemical measurements of the basic regulation. Annex 4 or annex 6, before the certification body has taken a decision on the recognition of professional qualifications.
section 11 (f). The certification body shall, as soon as possible, acknowledge receipt of an application for the recognition of professional qualifications. The receipt shall contain the following information: 1) the published deadline for the processing of that application and the possibility that the deadline can be extended by one month, see. section 11 (e), paragraph 2.
2) information on the applicant or the notifier must not perform noise measurements or chemical measurements of the basic regulation. Annex 4 or annex 6, before the certification body has taken a decision pursuant to section 11 (c), regardless of whether the time limit on the published deadline or the subsequent announced deadline is complied with, 3) information about the certification body's decisions can not be appealed from, but that there is the opportunity to bring an action, and 4) possible information about the sending of a lack of evidence.
section 11 (g). The certification body shall inform within one month from the receipt of the notification and absolutely documentation pursuant to section 11 (d), paragraph 3, of its decision not to carry out a verification of the professional qualifications or the result of such checks.
(2). The certification body may extend the time limit referred to in paragraph 1 with a month, if the complexity of the case so warrants. the certification body shall give notice of the extension and of reviewer duration thereof before the expiry of the deadline referred to in paragraph 1. The notification shall contain a statement of reasons for the extension.
(3). The certification body shall after a deadline extension as specified in paragraph 2 have a decision within two months after receipt of the complete documentation.
(4). The notifier shall not begin to perform noise measurements or chemical measurements before the certification body has taken a decision on the grant of the notification referred to in article 6. However, paragraph 5.
(5). In the absence of certification body not a decision within the following paragraph 1 and paragraph 2 specified deadlines, the notifier may begin to perform noise measurements or chemical measurements of the basic regulation. Annex 4 and 6. '
section 2 of the notice shall enter into force on the 1. April 2010.

The Ministry of the environment, the 25. March 2010 Karen Ellemann-Jensen/Helle Pilsgaard Official notes 1) Ordinance contains provisions implementing parts of a European Parliament and Council Directive 98/83/EC of 3. November 1998 on the quality of drinking water, the official journal of the European communities 1998 No. L 330, page 32, the European Parliament and of the Council Directive 91/271/EEC of 21 December 1988. May 1991 concerning urban waste water treatment, the official journal of the European communities 1991 No. L 135, page 40, the European Parliament and of the Council Directive 76/160/EEC of 8. December 1975 concerning the quality of bathing water, the Official Journal 1976 No. L 31, page 1, of the European Parliament and of the Council Directive 2005/36/EC of 7. September 2005 on the recognition of professional qualifications and the Parliament and Council Directive 2006/123/EC of 12. December 2006 on services in the internal market, the official journal of the European Union 2006 nr. L376, p. 36