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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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Publication of the amendment of the requirement for quality requirements for environmental measurements carried out by accredited laboratories, certified persons, etc. 1)

(Case management rules and so on) -implementation of the recognition and services directive),

§ 1

Notice no. 1353 of 11. December 2006 on the quality requirements for environmental measurements carried out by accredited laboratories, certified persons, etc. as amended by publication No 2 ; 1085 of 9. November 2008 is amended as follows :

1. Foot notation the title of the notice shall be replaced by the following :

" 1) The commotion contains provisions that implement parts of Directive 98 /83/EC of the European Parliament and of the Council of 3. in November 1998, concerning the quality of drinking water, EC Official Journal, no. In 330, page 32, Directive 91 /271/EEC of 21 shall be the Directive of the European Parliament and of the Council. May 1991 on urban waste water treatment, EC-tiding 1991 no. In 135, page 40, Directive 76 /160/EEC of 8 of the European Parliament and of the Council of 8. In December 1975 on the quality of bathing waters, EC-tieding 1976 no. L31, page 1, Directive 2005 /36/EC of the European Parliament and of the Council of 7. September 2005 on the recognition of professional qualifications and the directive of the European Parliament and of the Council Directive 2006 /123/EC of 12. In December 2006 on services in the internal market, EU Official Journal no. L376, s. 36 "

2. The following section 11 is inserted :

" Case treatment rules and so on.

§ 11 a. The certified person performing noise measurements or chemical measurements, cf. in Annex 4 or Annex 6, the relevant recipient of the service shall inform the relevant recipient of :

1) contact information for the certification body, designated by the Environmental Management Agency or by the City and Lands; Lands; National Agency, which has certified the person or recognized persons ' professional qualifications ;

2) information on the subject has been certified in another EU or the EEA country and in which country the certification has been announced.

Paragraph 2. If the relevant recipient of the service calls for it, the certified person performing noise measurements or chemical measurements shall indicate the professional rules laid down in this notice and how to obtain access to them.

Paragraph 3. This information shall be made available or made clear and unequivocal and in good time before the conclusion of the contract or the completion of the service, if no contract is concluded.

Section 11 b. Persons meeting the requirements of this notice may be certified to make noise measurements or chemical measurements at purification facilities.

§ 11 c. Persons whose professional qualifications are acquired in another EU, EEA country or in a country concluded by the European Union on the exercise of regulated professions, and which intends to carry out noise measurements or chemical measurements in accordance with, cf. in Annex 4 or in Annex 6, the exception of the requirement for certification should be exempt if the certification body is referred to in the case of the certification body. Section 6 recognizes professional qualifications, cf. Annexes 4.2.1 and 4.2.2 and Annex 6.2.

Paragraph 2. Persons wishing to recognise professional qualifications must submit a written application to the certification body for the recognition of professional qualifications.

Paragraph 3. An application for paragraph 1. 1 shall be accompanied by the following documentation :

1) proof of the nationality of the applicant ; and

2) proof of the applicant ' s professional qualifications in the form of :

a) a copy of course or training certificates which provide access to noise measurements or chemical measurements if the profession is regulated in the country concerned ; and

b) documentation concerning any business experience, or

c) proof that the applicant has commercially performed the sound measurements or chemical measurements on a full time basis for at least two years during the last 10 years and a copy of one or more training certificates or training certificates if the profession is not regulated in it ; the country concerned.

Paragraph 4. Persons wishing to maintain the recognition of their professional qualifications for the performance of noise measurements or chemical measurements shall submit an application to the certification body at least every three years. The application shall be accompanied by documentation for technical activity in the context of ' Environmental measurement-external noise `, cf. Annex 4.2.2, or confirmation that the certified person on the taking of chemical measurements, cf. Annex 6 has lived up to the requirements of the Certification Order, cf. Annex 6.3.3.

§ 11 d. Persons whose professional qualifications are acquired in an EU, EEA country or in a country concluded by the European Union on the exercise of regulated professions and which will suspend or occasional noise measurements or chemical agents ; measures cf. Annex 4 or Annex 6 shall be exempt from the requirement for certification, cf. however, paragraph 1 2

Paragraph 2. In order to avoid serious harm to the health or safety of the official ' s health or safety, the persons referred to above shall begin first notification to the certification body in accordance with the first time in the case of the occupational suction. section 6 with a view to the possible check of professional qualifications, cf. Annexes 4.2.1 and 4.2.2 and Annex 6.2.

Paragraph 3. A notification under paragraph 1. 2 shall be accompanied by the following documentation :

1) proof of the nationality of the notifier,

2) attestation to the notifier lawfully established in an EU, EEA country or a country to which the EU has concluded an agreement on the exercise of regulated professions, for commercial noise measurements or chemical measurements, and at the time of the date ; the submission of the attestation in connection with the notification is not prohibited by the notifier, nor shall it be provisionally, and

3) proof of the qualifications of the notifier, or

4) proof that the applicant has commercially performed noise measurements or chemical measurements on a full-time basis for at least two years during the last 10 years and a copy of one or more training certificates or training certificates if the profession is not regulated in it ; the country concerned.

Paragraph 4. The notifier, cf. paragraph 2, renew the notification once a year, within one year of the submission of the notification or the most recent renewal if the person concerned continues to wish to carry out the profession in Denmark temporarily or occasionally in the next year. Notification shall be accompanied by the documentation of technical activity in the context of ' Environmental measurement-external noise `, cf. Annex 4.2.2, or confirmation that the certified person on the taking of chemical measurements, cf. Annex 6 has lived up to the requirements of the Certification Order, cf. Annex 6.3.3.

Paragraph 5. In the event of renewal of the notification, cf. paragraph 4, subject to the submission of the documentation, cf. paragraph 3, to the extent that significant changes have been made in relation to the already submitted documentation.

Paragraph 6. Where there is a significant difference between the qualification of the notifier and the training required in Denmark in accordance with this notice, and this difference may harm public health or safety, the person concerned shall be required to : the certifying body shall prove that they have acquired the lack of knowledge or competence. The certifiable body may require the notifier to consist of an aptitude test. The detailed requirements for the suitability test shall be laid down in the decision.

Paragraph 7. The notifier shall be subject to payment for the maintenance of expenditure for the execution of the suitability test. The amount of the payment shall not exceed the amount collected in the context of the implementation of education, examination and so forth in the area concerned.

Paragraph 8. Decision on the basis of aptitude tests and the necessary measures shall be taken within one month following the decision on the execution of the suitability test. The notifier may start to make noise measurements or chemical measurements within one month after a decision has been taken in accordance with paragraph 1. 6.

Niner. 9. In the case of the certifying body, a decision shall not be taken within the following paragraph. Paragraph 6 and paragraph. 8 specified time limits, the notifier may start to make noise measurements or chemical measurements.

§ 11 e. The certification body shall examine applications for the recognition of professional qualifications of section 11 c as soon as possible and within three months of receipt of the application. The time limit shall be taken into account when the applicant has submitted all the information incumbable to the person concerned in accordance with section 11 c (1). 3.

Paragraph 2. The certification body may extend the time limit laid down in paragraph 1. 1 with a month, if the complexity of the case justifies it. The certification body shall notify the applicant for the extension and the duration thereof before the expiry of the time limit laid down in paragraph 1. 1. The notification must contain a reason for the extension.

Paragraph 3. Notwithstanding the deadlines set out in paragraph 1 Paragraph 1 or paragraph 1. 2 the applicant must not perform noise measurements or chemical measurements in accordance with, cf. Annex 4 or Annex 6, before the certification body has taken a decision on the recognition of professional qualifications.

§ 11 F. The certification body shall, as soon as possible, be more acknowledgement of the receipt of an application for the recognition of professional qualifications. The receipt shall include the following information :

1) the published date for the examination of the application in question and the possibility that a period may be extended by one month cf. Section 11 e, paragraph 1. 2.

2) indication that the applicant or notifier must not perform noise measurements or chemical measurements, cf. in Annex 4 or Annex 6, before the certification body has taken a decision after Article 11 (c) whether the deadline or subsequent notification period has been complied with,

3) information on the certification body decisions may not be imparted, but that there is the possibility of taking action, and

4) any indication of the submission of missing documentation.

§ 11 g. The certification body shall inform the notifier within one month from the receipt of the notification and full evidence after paragraph 11 d, paragraph 1, 3, concerning its decision not to carry out checks on the professional qualifications or the outcome of such checks.

Paragraph 2. The certification body may extend the time limit laid down in paragraph 1. 1 with a month, if the complexity of the case justifies it. The certification body shall notify the notification of the extension and of the duration thereof before the expiry of the period referred to in paragraph 1. 1. The notification must contain a reason for the extension.

Paragraph 3. The certification body shall, after a period of extension, after paragraph (1). 2 decision shall be taken within two months of the receipt of the complete documentation.

Paragraph 4. The notifier shall not begin to carry out the noise measurements or chemical measurements before the certification body has taken a decision on notification of the notification, cf. however, paragraph 1 5.

Paragraph 5. In the case of the certifying body, a decision shall not be taken within the following paragraph. Paragraph 1 and paragraph. 2 specified time limits, the notifier may start to carry out noise measurements or chemical measurements in accordance with, cf. Annexes 4 and 6. ` ;

§ 2

The announcement shall enter into force on 1. April 2010.

The Ministry of Environment, the 25th. March 2010

Karen Ellemann

/ Helle Pilsgaard

Official notes

1) The commotion contains provisions that implement parts of Directive 98 /83/EC of the European Parliament and of the Council of 3. in November 1998, concerning the quality of drinking water, EC Official Journal, no. In 330, page 32, Directive 91 /271/EEC of 21 shall be the Directive of the European Parliament and of the Council. May 1991 on urban waste water treatment, EC-tiding 1991 no. In 135, page 40, Directive 76 /160/EEC of 8 of the European Parliament and of the Council of 8. In December 1975 on the quality of bathing waters, EC-tieding 1976 no. L31, page 1, Directive 2005 /36/EC of the European Parliament and of the Council of 7. September 2005 on the recognition of professional qualifications and the directive of the European Parliament and of the Council Directive 2006 /123/EC of 12. In December 2006 on services in the internal market, EU Official Journal no. L376, s. 36