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Ordinance on the Accreditation of the Accreditation Body in accordance with the Accreditation Body Act

Original Language Title: Verordnung über die Beleihung der Akkreditierungsstelle nach dem Akkreditierungsstellengesetz

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Ordinance on the Accreditation of the Accreditation Body in accordance with the Accreditation Body Act (AkkStelleG-Beleihungsverordnung-AkkStelleGBV)

Unofficial table of contents

AkkStelleGBV

Date of completion: 21.12.2009

Full quote:

" AkkStelleG-Beleihungsverordnung vom 21. Dezember 2009 (BGBl. I p. 3962) "

Footnote

(+ + + Text evidence from: 31.12.2009 + + +)   
Unofficial table of contents

Input formula

On the basis of § 8 paragraph 1 of the Accreditation Body Act of 31 July 2009 (BGBl. 2625), the Federal Ministry of Economics and Technology, in agreement with the Federal Ministry of the Interior, the Federal Ministry of Finance, the Federal Ministry of Labour and Social Affairs, the Federal Ministry of Food, and the Federal Ministry of Food, Agriculture and Consumer Protection, the Federal Ministry of Health, the Federal Ministry of Transport, Building and Urban Development and the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety: Unofficial table of contents

§ 1 Beleihung

(1) The Deutsche Akkreditierungsstelle GmbH shall be charged with the tasks of the national accreditation body in accordance with the Accreditation Body Act (Beliehene). (2) The Beliehene is an opposition authority within the meaning of Article 73 (1), second sentence, point 2 of the German Accreditation Body. Administrative court order. Unofficial table of contents

§ 2 Supervision

Supervision of the accreditation body shall be exercised by the
1.
Federal Ministry of the Interior in the area of security in information technology;
2.
Federal Ministry of Labour and Social Affairs or the authorities appointed by it in the fields of labour and social affairs, including in particular the area
a)
equipment and product safety,
b)
operational and plant safety,
c)
of the right to hazardous substances and biomaterials,
d)
the labour market vocational training promotion and
e)
rehabilitation;
3.
Federal Ministry of Food, Agriculture and Consumer Protection or its designated authority in the fields of food, agriculture and consumer protection, including food safety; this includes in particular the area of food, agriculture and consumer protection.
a)
food and food,
b)
cosmetic products, consumer goods and tobacco products, and
c)
Products within the meaning of Article 1 of Council Regulation (EC) No 1234/2007 of 22 June 2007. 1 October 2007 on a common organisation of agricultural markets and on specific provisions for certain agricultural products, including legislation adopted on the basis of the Regulation (OJ L 327, 30.12.2007, p. 1), as last amended by Regulation (EC) No 183/2009 (OJ L 299, 16.11.2009, p. 9) has been amended;
4.
Federal Ministry of Health for Health and Health, including in particular the area
a)
of pharmacy, drug and medical product law, genetic and laboratory diagnostics, medical procedures and technologies,
b)
the health and care facilities and those working in the health and care sector, and
c)
drinking water;
5.
Federal Ministry of Transport, Construction and Urban Development in the field of construction products as well as in the field of transport; this includes in particular the area
a)
power transmission,
b)
the transport of dangerous goods;
c)
the railways and
d)
transport technology;
6.
Federal Ministry for the Environment, Nature Conservation and Nuclear Safety, or the authority designated by it in the field of environmental law, in particular the area
a)
the protection of immission,
b)
water management,
c)
the cycle and waste management,
d)
soil protection,
e)
chemical safety and
f)
environmental and energy management;
7.
Federal Ministry of Economics and Technology
a)
electronic signatures,
b)
electromagnetic compatibility,
c)
radio equipment and telecommunications terminal equipment,
d)
product safety in the case of toys,
e)
of product safety in recreational craft.
To the extent that an area does not fall under the first sentence of 1 to 7, the supervision of the accreditation body shall be exercised by the Federal Ministry for Economic Affairs and Technology. Unofficial table of contents

§ 3 Reporting obligations of the accreditation body

The accreditation body has to submit a report to the Federal Ministry of Economics and Technology and the other Federal Ministries referred to in § 2 each year on 1 April, in which it is possible to demonstrate in concrete and substantiated terms that: they shall:
1.
has an appropriate structure and a suitable organisation of the organisation which meets the requirements set out in Article 8 of Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 laying down the rules for accreditation and Market surveillance in relation to the marketing of products and repealing Council Regulation (EEC) No 339/93 (OJ L 327, 31.12.1993, p. OJ L 218, 13.8.2008, p.30),
2.
, an accreditation committee which meets the accreditation decision in the field of interiors in the areas referred to in Article 1 (2) sentence 2 of the Accreditation Body Act as well as in these areas the power to be granted Authorities reimburse the costs of their activities;
3.
is constantly applying a suitable quality assurance system, and
4.
has carried out the necessary monitoring in accordance with Article 5 (3) of Regulation (EC) No 765/2008, including, inter alia, the scope, content and possible problems encountered in the report.
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§ 4 Public-legal contract

In a public service contract, the Deutsche Akkreditierungsstelle GmbH and the Federal Ministry of Economics and Technology agree on how to carry out the tasks assigned to them in accordance with this Regulation. In the areas referred to in Article 1 (2), second sentence, of the Accreditation Body Act, the necessary supervision shall be carried out by the authorities responsible for the power to be granted the power to be granted. The conclusion of the contract shall be subject to the agreement of the Federal Ministries referred to in § 2 sentence 1 (1) to (6). Unofficial table of contents

§ 5 Participation in Accreditation Organisations

(1) The accreditation body shall represent the German accreditation interests in the body recognised in accordance with Article 14 of Regulation (EC) No 765/2008 and in international accreditation organisations, taking into account the provisions of Article 5 (2) (4) of the Accreditation Body Act. (2) In the performance of the task referred to in paragraph 1, the accreditation body has to obtain an opinion of the Accreditation Advisory Board according to § 5, paragraph 2, point 4 of the Accreditation Body Act. (3) Perception of interests by the accreditation body at European level in accordance with paragraph 1 The Federal Ministry of Economics and Technology may give instructions to the accreditation body on a case-by-case basis. As far as the concerns of individual specialist departments are concerned, the Federal Ministry of Economics and Technology has to coordinate with the relevant specialist departments. Unofficial table of contents

§ 6 Entry into force

This Regulation shall enter into force on the day following the date of delivery. Unofficial table of contents

Final formula

The Federal Council has agreed.