Regulation on the requirements and the procedure for the recognition of conformity assessment bodies in the field of electromagnetic compatibility of operating equipment and in the area of the provision of radio equipment

Original Language Title: Verordnung über die Anforderungen an und das Verfahren für die Anerkennung von Konformitätsbewertungsstellen im Bereich der elektromagnetischen Verträglichkeit von Betriebsmitteln und im Bereich der Bereitstellung von Funkanlagen

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Regulation on the requirements and the procedure for the recognition of conformity assessment bodies in the field of electromagnetic compatibility of operating equipment and in the area of the provision of radio equipment (Conformity Assessment Bodies-Recognition Regulation-AnerkV)

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AnerkV

Date of completion: 11.01.2016

Full quote:

" Conformity assessment body-recognition regulation of 11 January 2016 (BGBl. I p. 77) "

Footnote

(+ + + Rejected text not yet documented + + +)

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Input formula

The Federal Ministry for Economic Affairs and Energy is responsible for the

-: § 8 (1) sentence 6 of the Law on Funkanlagen and Telecommunication Terminal Equipment, the last of which is Article 2 (3) of the Law of 20 April 2012 (BGBl. 606), in agreement with the Federal Ministry of Finance and the Federal Ministry of Transport and Digital Infrastructure; and
-: § 10 (2), § 17 (2) in conjunction with Section 17 (1) (3) of the Act on the Electromagnetic Compatibility of Operating Resources, the last of which is Article 461 of the Regulation of 31 August 2015 (BGBl. 1474),

in connection with Section 23 (2) of the Federal Law on Fees of 7 August 2013 (BGBl. I p. 3154): Unofficial table of contents

Content Summary

Section 1General provisions

§ 1	Scope
§ 2	Competent authority
§ 3	Application
§ 4	Recognition as notified body
§ 5	General requirements to be met by the notified body
§ 6	Presumption of conformity in notified bodies
§ 7	Obligations of the notified body
§ 8	Reporting requirements of the notified body
§ 9	Branch undertakings of a notified body and subcontracting

Section 2Funkanlagen

§ 10	Power of notified body
§ 11	Competence of the conformity assessment body for third countries

Section 3Electromagnetic compatibility

§ 12	Power of notified body
§ 13	Competence of the conformity assessment body for third countries

Section 4Final provisions

§ 14	Revocation of the power granted
§ 15	Fees and expenses
§ 16	Entry into force, external force

Appendix 1 (on § 11)	Agreements with a view to the recognition of conformity assessment bodies in the telecommunications sector
Appendix 2 (on § 13)	Agreements with a view to the recognition of conformity assessment bodies in the electromagnetic compatibility sector
Appendix 3 (on § 15)	Fees and expenses for the recognition of notified bodies and conformity assessment bodies for third countries

Section 1
General provisions

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§ 1 Scope

This Regulation lays down the requirements and the procedure

1.

with regard to radio equipment for

a): the recognition of conformity assessment bodies as notified bodies and
b): the recognition of conformity assessment bodies for third countries in accordance with the agreements between the European Community and the third countries referred to in Appendix 1 to this Regulation, and

2.

with regard to the electromagnetic compatibility of operating equipment for

a): the recognition of conformity assessment bodies as notified bodies and
b): the recognition of conformity assessment bodies for third countries in accordance with the agreements between the European Community and the third countries referred to in Annex 2 to this Regulation.

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§ 2 Competent Authority

(1) The Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railways (Bundesnetzagentur) shall be the competent authority within the framework of this Regulation.

1.: the establishment and implementation of the procedure for recognition as a notified body and conformity assessment body for third countries; and
2.: the establishment and implementation of the procedures for the monitoring of notified bodies and conformity assessment bodies for third countries.

(2) The Federal Network Agency shall ensure that:

1.: sufficiently competent staff are available for the proper examination and notification, so that the person who carried out the examination is not identical with the person who decides on the recognition and notification,
2.: there is no conflict of interest with the conformity assessment bodies,
3.: objectivity, impartiality and confidentiality are respected in the performance of their duties; and
4.: offer or provide advice on a commercial or competitive basis neither the staff responsible for the notification nor the staff responsible for the notification.

The Bundesnetzagentur shall inform the European Commission of the procedure for the evaluation and notification of conformity assessment bodies and of the procedure for the monitoring of notified bodies, including those relating to them. Changes. (4) The Federal Network Agency describes a procedure for the treatment of complaints about individual decisions of notified bodies.

Footnote

(+ + + § 2 (1): For application, see Section 11 (2), section 13 (2) + + +) Unofficial table of contents

§ 3 Application

(1) In order to be recognised as a notified body,

1.: a written application shall be made to the Federal Network Agency; and
2.: the applicant must have its head office in Germany.

The application documents of the Federal Network Agency shall be used. (2) The applicant shall submit to the application for notification the following:

1.

a description

a): the conformity assessment activities,
b): the conformity module or the conformity modules, and
c): the equipment for the radio equipment or the radio equipment for which the applicant is subject to competence and

2.

if available, an accreditation certificate issued by the national accreditation body and certifying that the applicant meets the requirements of Article 5 of this Regulation in conjunction with Article 10 (1) sentence 1 of the Law on the electromagnetic compatibility of operating equipment in the version in force.

(3) If the applicant is unable to present an accreditation certificate, he shall provide the Federal Network Agency as proof of all documents necessary to verify, determine and regularly monitor whether the requirements of § 5 of this Regulation in conjunction with the first sentence of Article 10 (1) of the Act on the electromagnetic compatibility of operating resources in the version in force. (4) The Federal Network Agency may require the required documents to be required and carry out an examination with the applicant.

Footnote

(+ + + § 3 (1): For application, see § 11 para. 2, § 13 para. 2 + + +) (+ + + § 3 para. 2 no. 1: For application see § 11 para. 2, § 13 para. 2 + + +) (+ + + § 3 para. 3: For application see § 11 para. 2, § 13 para. 2 + + +) (+ + + § 3 para. 4: For application see Section 11 (2), section 13 (2) + + +) Unofficial table of contents

Section 4 Recognition as a notified body

(1) If the Federal Network Agency has established that the applicant must comply with the requirements of Article 5 of this Regulation in conjunction with Article 10 (1), first sentence, of the Act on the electromagnetic compatibility of operating resources in the applicable law It shall be empowered to carry out conformity assessments. The power shall be given by written communication. The communication must contain the following:

1.

Full details of

a): the conformity assessment activities,
b): the conformity assessment module concerned or the conformity assessment modules concerned, and
c): the equipment concerned or the radio equipment concerned,

2.

confirmation that the conditions set out in § 5 of this Regulation in conjunction with Article 10 (1), first sentence, of the Act on the electromagnetic compatibility of operating resources in the version in force are fulfilled; and

3.

the freezing of the recognition as notified body.

(2) The power shall be conferred on the postponing condition that, following the notification, neither the other Member States nor the European Commission have raised any objection within the following time limits:

1.: within two weeks, provided that an accreditation certificate is submitted in accordance with Section 3 (2) (2), or
2.: within two months, provided that proof of compliance with the requirements of § 3 (3) is carried out.

(3) The notification shall be made by means of the electronic notification instrument developed and managed by the European Commission. (4) A notification shall not be based on an accreditation certificate in accordance with Section 3 (2) (2) of the Treaty the Federal Network Agency of the European Commission and the Member States shall provide proof of the documents referred to in Article 3 (3). It shall also provide for the agreements which have been made to ensure that the conformity assessment body is regularly monitored and always meets the requirements laid down in the first sentence of paragraph 1. (5) The Federal Network Agency shall report to the European Parliament Commission and the other Member States any subsequent amendment to a notification. (6) The Federal Network Agency shall, on request, issue to the European Commission any information on the basis of the notification or the maintenance of the Competence of the agency in question. (7) The Federal Network Agency is reviewing whether the notified bodies continue to comply with the requirements laid down in the first sentence of paragraph 1.

Footnote

(+ + + § 4 (1): For application, see Section 11 (2), section 13 (2) + + +) (+ + + § 4 (3) to (7)): For application, see Section 11 (2), section 13 (2) + + +) Unofficial table of contents

§ 5 General requirements to be notified to the notified body

(1) The notified body must have legal personality under German law. (2) The notified body must act as an independent third party with the establishment or the radio equipment or the equipment which it assesses, is in no connection whatsoever. The requirement set out in the first sentence may also be fulfilled by a notified body which belongs to an economic association or association and which assesses the equipment or radio equipment in its design, manufacture, supply, assembly, use or maintenance undertakings represented by that association, if the notified body proves that there are no conflicts of interest with regard to its conformity assessment activities (3) The notified body, its highest level of management and the notified body for the Staff responsible for conformity assessment activities shall not be responsible for any design, manufacturer, supplier, installer, buyer, owner, user or maintenance operation of the equipment or radio equipment to be assessed, nor the authorized representative of any of these parties. This shall not preclude the use of any equipment or radio equipment already subjected to conformity assessment which is necessary for the activities of the conformity assessment body, nor the use of such equipment or radio equipment for the purposes of: personal use. (4) The notified body, its senior management level and the staff responsible for the conformity assessment activities may not be directly involved in design, manufacture or construction, marketing, installation, use or The maintenance of these devices or radio equipment shall be involved, nor shall they be allowed to participate in such equipment Activities participating in the activities. They shall not deal with activities which may affect their independence in the assessment or their integrity in relation to the conformity assessment activities. This applies in particular to consulting services. The notified body shall ensure that the activities of its subsidiary undertakings or subcontractors do not affect the confidentiality, objectivity and impartiality of its conformity assessment activities. (5) The notified body and their employees must carry out the conformity assessment activities with the greatest possible professionalism and the necessary professional competence in the area concerned. They shall not be subject to any influence, in particular of a financial nature, by third parties, which may have an effect on their assessment or the results of their conformity assessment and which emanate from persons or groups of persons who have a (6) The notified body must be able to deal with all the conformity assessment tasks for which it requests the notification, whether or not these tasks are carried out by the notified body itself, in their mission or under their responsibility. For this purpose, it shall have at all times the following for each conformity assessment procedure and for each type and category of equipment or radio equipment for which it has been notified:

1.

the necessary staff with expertise and sufficient experience to carry out the tasks of conformity assessment,

2.

the means necessary for the appropriate execution of the technical and administrative tasks associated with conformity assessment and the access to all equipment or equipment needed,

3.

descriptions of procedures according to which the conformity assessment is carried out in order to ensure the transparency and repeatability of these procedures;

4.

appropriate instruments, an appropriate quality management policy and appropriate procedures in which between the tasks which it takes as a notified body and a distinction is made between other activities and

5.

Procedures for carrying out the assessment activities taking into account the following:

a): the size of a company,
b): the industry in which the company operates,
c): the structure and degree of complexity of the respective equipment or radio equipment technology, and
d): whether the production process is a mass production or mass production.

(7) The notified body shall ensure that the staff responsible for carrying out the conformity assessment activities are carried out by the competent authorities,

1.: possess technical and vocational training which qualifies them for all conformity assessment activities for which the conformity assessment body has submitted a request for recognition and notification; and
2.: have sufficient knowledge of the requirements associated with the assessments to be carried out and have the appropriate power to carry out such conformity assessments.

(8) The notified body shall also ensure that:

1.

if the notification provided for in Directive 2014 /30/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to electromagnetic compatibility (OJ L 327, 30.11.2014, p. 79), the staff responsible for carrying out the conformity assessment activities shall have the following:

a): adequate knowledge and understanding of the essential requirements set out in Annex I to this Directive, the harmonised standards applicable and the relevant provisions of the European Union's harmonisation legislation and of its implementing rules and
b): the ability to draw up certificates, protocols and reports as proof of the conformity assessments carried out in accordance with Annex III to Directive 2014 /30/EU,

2.

if the notification provided for in Directive 2014 /53/EU of the European Parliament and of the Council of 16 April 2014 on the harmonisation of the laws of the Member States relating to the provision of radio equipment on the market and repeal Directive 1999 /5/EC (OJ L 327, 22. 62), the staff responsible for carrying out the conformity assessment activities shall have the following:

a): adequate knowledge and understanding of the essential requirements referred to in Article 3 of this Directive, the harmonised standards applicable and the relevant provisions of the European Union's harmonisation legislation and of the provisions of its implementing rules and
b): the ability to draw up EU type-examination certificates or certificates of quality management systems, protocols and reports as proof of the conformity assessments carried out in accordance with Annex III or Annex IV to the Directive 2014 /53/EU.

(9) The notified body shall have its impartiality to ensure its highest level of management and those of its staff responsible for conformity assessment. The remuneration of the senior management level and the staff responsible for conformity assessment shall not be based on the number of conformity assessments carried out or on the results of the conformity assessments. (10) The notified body shall have a (11) The staff of the notified body shall be entitled to disclose the facts and information to which they are aware as part of their conformity assessment activities. shall not disclose or exploit unauthorised unauthorised persons, even if their Activity has ended. The provisions on the protection of personal data to be observed by the notified body remain unaffected. (12) The notified body must provide the guarantee, the reporting and cooperation obligations arising from the Directives 2014 /30/EU and 2014 /53/EU to the European Commission and the Federal Network Agency itself or through notified authorised agents.

Footnote

(+ + + § 5: For application, see Section 11 (2), section 13 (2) + + +) Unofficial table of contents

§ 6 Conformity presumption of conformity to notified bodies

If a conformity assessment body proves that it meets the criteria of the relevant harmonised standards, the references of which have been published in the Official Journal of the European Union or parts thereof, it shall be presumed that they are: Requirements in accordance with § 5 of this Regulation in conjunction with Article 10 (1), first sentence, of the Act on the electromagnetic compatibility of resources, as amended, to the extent that the applicable harmonised standards cover these requirements.

Footnote

(+ + + § 6: For application, see Section 11 (2), section 13 (2) + + +) Unofficial table of contents

Section 7 Commitments to the notified body

(1) Compliance assessments shall be carried out in compliance with the proportionality and conformity assessment procedures in accordance with Directives 2014 /30/EU or 2014 /53/EU, with unnecessary burdens for economic operators (2) If a notified body finds, in the framework of a conformity assessment procedure, that:

1.: the equipment does not comply with the essential requirements of Annex I to Directive 2014 /30/EU, or in accordance with the relevant harmonised standards or other technical specifications, it shall not issue and request a certificate of conformity; the manufacturer to take appropriate corrective measures;
2.: the radio equipment does not meet the essential requirements referred to in Article 3 of Directive 2014 /53/EU, or in accordance with the relevant harmonised standards or other technical specifications, it shall not issue an EU type-examination certificate, or Approval of a quality management system and calls on the manufacturer to take appropriate corrective measures.

(3) The notified body shall establish, in the framework of the monitoring of conformity, that:

1.: the device no longer meets the essential requirements set out in Annex I to Directive 2014 /30/EU, it shall invite the manufacturer to take appropriate corrective measures; if necessary, it shall issue or withdraw the certificate of conformity; Return;
2.: the radio system no longer meets the essential requirements laid down in Article 3 of Directive 2014 /53/EU, it shall invite the manufacturer to take appropriate corrective measures; if necessary, it shall suspend or withdraw the certificate in question this back.

(4) Where corrective measures are not taken or are not sufficient to ensure conformity, the notified body shall restrict all the relevant certificates of conformity, EU type-examination certificates or authorisations of a (5) The notified body shall carry out the relevant standardisation activities and the activities of the coordination group of notified bodies within the framework of the relevant standardisation activities. European Union harmonisation rules have been set up, or to ensure that their conformity assessment staff are informed of the results and decisions taken. It shall apply the documents drawn up by the coordination group as guidelines. A notified body in the radio equipment sector also participates in the control activities in the field of radio equipment and frequency planning.

Footnote

(+ + + § 7: For application, see Section 11 (2), section 13 (2) + + +) Unofficial table of contents

Section 8 Reporting requirements of the notified body

(1) The notified body shall be obliged to notify the Federal Network Agency of the following:

1.: all circumstances, in particular changes of a technical, organisational or human nature, which could affect the conditions for the notification in accordance with the first sentence of Article 4 (1) of this Regulation,
2.: any refusal, restriction, suspension or withdrawal of a certificate of conformity within the framework of Directive 2014 /30/EU, and any refusal, restriction, suspension or withdrawal of an EU type-examination certificate or an authorisation a quality management system in accordance with the requirements set out in Annexes III and IV to Directive 2014 /53/EU,
3.: any request for information on conformity assessment activities which it has received from market surveillance authorities, and
4.: on request, any conformity assessment activity which has been carried out within the scope of its notification and any other activity which it has carried out, including cross-border activities and the award of subcontracting.

2. The notified body shall forward to the other notified bodies notified under the same Directive and the same conformity assessment activities carried out on the same equipment or products, relevant Information in the case of a negative conformity assessment. On request, the notified body also provides information on positive conformity assessments. (3) The bodies notified under Directive 2014 /53/EU in the radio equipment sector shall also be subject to the information requirements laid down in Annexes III and III. IV of this Directive.

Footnote

(+ + + § 8: For application cf. Section 11 (2), section 13 (2) + + +) Unofficial table of contents

§ 9 Branch companies of a notified body and subcontracting

(1) Tasks related to conformity assessment may only be entrusted with the consent of the adjudicating entity to subcontractors or branches. (2) A notified body shall carry out tasks associated with the conformity assessment. Sub-contractor or transferring them to a subsidiary, it shall ensure that the subcontractor or the subsidiary undertaking the requirements set out in Article 5 of this Regulation in conjunction with Section 10 (1) sentence 1 of the Law on the Electromagnetic compatibility of operating equipment in the respective applicable (3) The notified body shall be fully responsible for the work carried out by subcontractors or branch undertakings, irrespective of where they are established. The notified body shall keep the relevant documents relating to the assessment of the qualifications of the subcontractor or of the branch undertaking and of the qualifications obtained in accordance with Annex III of the conformity assessment procedure referred to in Annex III thereto. Directive 2014 /30/EU or in accordance with Annexes III and IV of the Directive 2014 /53/EU prepared work for the Federal Network Agency.

Footnote

(+ + + § 9: For application, see Section 11 (2), section 13 (2) + + +)

Section 2
Funcanals

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Section 10 The power of the notified body

With the recognition as notified body within the meaning of the law on radio equipment and telecommunications terminal equipment, a natural or legal person or a legally competent partnership shall be empowered to carry out the following tasks:

1.: the conformity assessment referred to in Annexes III to V to Directive 1999 /5/EC of the European Parliament and of the Council of 9 March 1999 on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity (OJ L 327, 30.4.1999, p. OJ L 91, 7.4.1999, p. 10) and
2.: as from 13 June 2016, the conformity assessment referred to in Annex III, as well as the assessment and monitoring of quality management systems in accordance with Annex IV of Directive 2014 /53/EU.

Footnote

(+ + + § 10: For application, see Section 11 (2), section 13 (2) + + +) Unofficial table of contents

Section 11 The power of the conformity assessment body for third countries

(1) Due to the recognition as a conformity assessment body for third countries in the framework of the agreements between the European Community and the third countries referred to in Annex 1 to this Regulation, a natural or (2) § 2 (1), § 3. (2) § 2 (1), § 3 (2) § 3 Paragraph 1, paragraph 2 (1), (3) and (4), § 4 (1), (3) to (7), and § § 5 to 10 shall be used accordingly. The fulfilment of the requirements of the sectoral annex to telecommunications listed in § 5 and contained in the respective agreements must be presented in the application by the conformity assessment body for third countries. (3) The notification shall be sent by electronic means to the European Commission by application of the current dossier. The conformity assessment body for third countries may, after notification in accordance with Article 4 (3) of this Regulation, take up the conformity assessment activities only after the notification by the European Commission to the third country of the conformity assessment procedure is Notification by this is acknowledged and confirmed.

Section 3
Electromagnetic compatibility

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Section 12 The power of the notified body

Recognition as a notified body within the meaning of the law on the electromagnetic compatibility of equipment shall have the power of a natural or legal person or a legally competent partnership to carry out the following tasks: to the following

1.: the conformity assessment according to § 7 (4) of the Law on the electromagnetic compatibility of operating resources of 26 February 2008 (BGBl. 220) and
2.: as from 20 April 2016, the conformity assessment in accordance with Annex III of Directive 2014 /30/EU.

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Section 13 The power of the conformity assessment body for third countries

(1) A natural or legal person shall be recognised as a conformity assessment body for third countries within the framework of the agreements between the European Union and the third countries referred to in Annex 2 to this Regulation. (2) § 2 (1), § 3 (1) (2) (2) (2) (2) (1) (2) (2) (1) (2) (2) (2)) 1, paragraphs 3 and 4, § 4 (1), paragraphs 3 to 7, and § § 5 to 10 appropriate application. The fulfilment of the requirements of the sectoral annex on electromagnetic compatibility as listed in § 5 and contained in the respective agreements shall be set out in the application by the conformity assessment body for third countries. (3) The notification shall be made by electronic means to the European Commission by applying the current dossier. The conformity assessment body for third countries may, after notification in accordance with Article 4 (3) of this Regulation, take up the conformity assessment activities only after the notification by the European Commission to the third country of the conformity assessment procedure is Notification by this is acknowledged and confirmed.

Section 4
Final provisions

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Section 14 Revocation of the power granted

(1) The recognition as a notified body or conformity assessment body for third countries shall cease with the cessation of the operation of this body. The Federal Network Agency shall immediately inform the Federal Network Agency in writing. (2) The Federal Network Agency shall establish that a notified body or a conformity assessment body for third countries, as referred to in Article 5 of this Regulation, in conjunction with § 10 The first sentence of the first sentence of the Law on the electromagnetic compatibility of operating resources, as set out in the applicable version, is no longer fulfilled or does not comply with other obligations, it shall revoke, in whole or in part, the Powers granted. It shall immediately inform the European Commission and the other Member States thereof. (3) The recognition as a notified body or conformity assessment body for third parties shall be revoked if:

1.: the notified body or the conformity assessment body for third countries repeats the obligations of the Regulation and does not comply with the obligations of the Regulation, or
2.: the notified body or the conformity assessment body for third countries so requests.

(4) In the event of the withdrawal referred to in paragraph 2 or 3, or if the notified body or the conformity assessment body for third countries cedes its activity, the Federal Network Agency shall take the appropriate measures to ensure that:

1.: the files of that body are further processed by another notified body or by another conformity assessment body for third countries; and
2.: the files for the market surveillance authority and for the Bundesnetzagentur are kept available on request.

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§ 15 Fees and Deposits

Charges and outlays under Appendix 3 to this Regulation shall be levied for individually attributable public services pursuant to the above-mentioned regulations. For the revocation or withdrawal of an administrative act, for the rejection of an application for an individual attributable public service as well as in the cases of withdrawal of an application for the acceptance of an individually attributable Public service charges are levied in accordance with § 23 (5) sentence 1 and 2 of the Federal Law on Fees. Unofficial table of contents

Section 16 Entry into force, external force

(1) This Regulation shall enter into force on the day following the announcement. At the same time, the Recognition Ordinance of 7 June 2002 (BGBl. I p. 1792), most recently by Article 460 of the Regulation of 31 August 2015 (BGBl. I p. 1474), except for force. (2) § 15 and Annex 3 shall be repeal on 14 August 2018. Unofficial table of contents

Appendix 1 (to § 11)
Agreements with a view to the recognition of conformity assessment bodies in the telecommunications sector

(Fundstelle: BGBl. I 2016, 2016)
Council Decision 98 /508/EC of 18 June 1998 concerning the conclusion of the Agreement between the European Community and Australia on the mutual recognition of conformity assessment, certificates and markings (OJ L 139, 30.4.1998, p. 1), as last amended by Council Decision 2012 /837/EU (OJ L 378, 27.12.2012, p. 1) Council Decision 98 /509/EC of 18 June 1998 concerning the conclusion of the Agreement between the European Community and New Zealand on the mutual recognition of conformity assessment (OJ L 327, 28.12.1998, p. 61), as last amended by Council Decision 2012 /828/EU (OJ L 299, 16.11.2012, p. 1) Council Decision 98 /566/EC of 20 July 1998 concerning the conclusion of an Agreement between the European Community and Canada on mutual recognition (OJ L 327, 22.12.1998, p. 1), as last amended by Council Decision 2002 /802/EC (OJ L 344, 28.12.2002, p. 21) Council Decision 98 /78/EC of 22 June 1998 concerning the conclusion of the Agreement between the European Community and the United States of America on mutual recognition (OJ L 378, 27.12.1998, p. 1), as last amended by Council Decision 2002 /803/EC (OJ L 344, 28.3.2002, p. 22) Council Decision 2001 /747/EC of 27 September 2001 on the conclusion of the Agreement between the European Community and Japan on mutual recognition (OJ L 378, 27.12.2001, p. 1), as last amended by Council Decision 2002 /804/EC (OJ L 284, 31.10.2002, p. (OJ L 278, 16.10.2002, p. 23) Unofficial table of contents

Appendix 2 (to § 13)
Agreements with a view to the recognition of conformity assessment bodies in the electromagnetic compatibility sector

Appendix 3 (to § 15)
Fees and expenses for the recognition of notified bodies and conformity assessment bodies for third countries

(Fundstelle: BGBl. I 2016, 2016)

Lfd. Nr.Fee Fee Fee in euro

1	Administrative processing of the application for recognition as a notified body according to § 10 or § 12 or on recognition as a conformity assessment body for third countries according to § 11 or § 13	1 000
2	Application in accordance with § 3 (2) (i). V. m. § 10 or § 12 (in addition to the fees according to charging position 1)
2.1	Examination of the provisions of Section 3 (2) (1) (i). V. m. § 10 or § 12, description of the conformity assessment area applied for and compliance with the essential requirements of the relevant directive	491,84 to 2 459,20
2.2	Examination of the provisions of Section 3 (2) (2) (i). V. m. § 10 or § 12 of the accreditation certificate of the DAkkS for plausibility and completeness	491,84 to 1 967,36
2.3	Periodic review in accordance with § 4 paragraph 7 i. V. m. § 10 or § 12	491,84 to 1 475,52
3	Application in accordance with § 3 (3) (i). V. m. § 10, § 11, § 12 or § 13 (in addition to the fees according to charging position 1)
3.1	Examination of the provisions of Section 3 (2) (1) (i). V. m. § 10 or § 12 of the description of the conformity assessment area requested	491,84 to 2 459,20
3.2	Verification of compliance with the formal requirements for recognition in accordance with § 3 (3) (i). V. m. § 10, § 11, § 12 or § 13	1 475,52 to 7 377,60
3.3	Examination of the technical requirements and the competence of the staff by internal experts by means of expert discussions on the spot according to § 3 paragraph 3 i. V. m. § 10, § 11, § 12 or § 13 per person and day	491,84
3.4	Fee in the case of a professional examination of carried out or fictitious conformity assessments by external experts on the spot according to § 3 (3) (i). V. m. § 10, § 11, § 12 or § 13 per person and day (in addition to charging position 3.2)	800 to 5 000
3.5	Periodic review in accordance with § 4 paragraph 7 i. V. m. § 10, § 11, § 12 or § 13	983,68 to 2 951,04
4	Preparation of a sigmoid pursuant to § 4 paragraph 1 (in addition to the fees according to charging position 1)	250
5	Request-based review of the requirements in accordance with § 2 (4) (in addition to the fees according to charging position 2 or 3)	1 475,52 to 4 426,56