Regulation On The Requirements And The Procedure For The Recognition Of Conformity Assessment Bodies

Original Language Title: Verordnung über die Anforderungen und das Verfahren für die Anerkennung von Konformitätsbewertungsstellen

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Read the untranslated law here: http://www.gesetze-im-internet.de/banerkv_2002/BJNR179210002.html

Regulation on the requirements and the procedure for the recognition of conformity assessment bodies (recognition regulation - AnerkV) AnerkV Ausfertigung date: 07.06.2002 full quotation: "recognition regulation of 7 June 2002 (BGBl. I S. 1792), most recently by article 4 paragraph 117 of the Act of August 7, 2013 (BGBl. I p. 3154) is changed" stand: last amended by article 4 paragraph 117 G v. 7.8.2013 3154 for details on the stand number you find in the menu see remarks footnote (+++ text detection from) : 13 6.2002 +++) heading: IdF d. § 22 para 4 No. 1 G v. 26.2.2008 I 220 mWv 1.3.2008 the V was as article 1 d. V v. 7.6.2002 I 1792 prescribed by the Federal Ministry of Economics and technology in consultation with the federal departments of finance, for transport, building and housing, and for labour and Social Affairs. It is according to article 3 clause 1 of this V on the 13.6.2002 entered into force.

Table of contents section 1 General provisions section 1 scope article 2 General requirements section 2 radio equipment and telecommunications terminal equipment article 3 recognition as notified body § 4 recognition as a conformity assessment body for third countries section 3 electromagnetic compatibility § 5 recognition as notified body § 6 (dropped out) § 7 recognition as a conformity assessment body for third countries section 4 final provisions § 8 notice at changes section 9 lapse and revocation article 10 fees and expenses Appendix 1 (to 4) agreement in terms of on the recognition of conformity assessment bodies in the sector telecommunication Agreement annex 2 (to § 7) in terms of on the recognition of conformity assessment bodies in the sector electromagnetic compatibility annex 3 (according to § 10) fees and expenses for the recognition of notified bodies and conformity assessment bodies for third countries section 1 General provisions article 1 scope this regulation lays down the requirements and the procedures 1 relating to radio equipment and telecommunications terminal equipment for a) the recognition of notified bodies and b) the recognition of conformity assessment bodies for third countries in the framework of the agreement between the European Community and the mentioned listed in annex 1 to this regulation (Third countries and 2. with regard to the electromagnetic compatibility of equipment for a) the recognition of notified bodies and b) the recognition of conformity assessment bodies for third countries in the framework of the agreement between the European Community and the third countries referred to, listed in annex 2 to this regulation.

Article 2 General requirements an applicant can notified or conformity assessment body for third countries only be respected if it has 1 staff required for the operation of the Office and the necessary technical equipment, to properly carry out the tasks assigned to him as he or the persons responsible for implementing the tasks for him have about the necessary technical competence and professional integrity 2. , 3. He and the have appointed people with him with the implementation of the tasks the required independence and personal reliability including the necessary secrecy, 4 he guarantee makes, there to carry out the tasks associated with the naming the required organisation, as well as the necessary financial resources available are his, he a documented quality management system corresponding to the recognized rules of technology can prove 5. , 6 he undertakes to grant, if the consent of the contracting authority and the subcontractor has a recognition corresponding to this decree or the Federal Network Agency for electricity, gas, telecommunications, post and railways certifies the qualifications of the subcontractor as equivalent with the qualifications of a body recognized by it, he committed themselves by written declaration 7, the Federal Network Agency for electricity contracts for tests only , Gas, at any time to provide information on its activities, telecommunications, post and railways.
Section 2 recognition as notified body (1) with the recognition as a notified body within the meaning of the Act on radio equipment and telecommunications terminal equipment radio equipment and telecommunications terminal equipment article 3 is a natural or legal person or a legal person company authorized, the tasks of the conformity assessment and the assessment and monitoring of quality management systems according to one or more of the annexes III and V of 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 EC No. L 91, p. 10) to perceive.
(2) for the application of the procedure of recognition as a notified body, the Federal Network Agency for electricity, gas, telecommunications, post and railways is responsible. Recognition as a notified body is the Federal Network Agency for electricity, gas, telecommunications, in writing to apply for post office and railways. The area for which the recognition is sought, shall be indicated. There are the application documents of the authority to use. The notified body must establish a documented quality management system corresponding to the recognized rules of technology. The requirements listed in paragraph 2 and in annex VI of to Directive 1999/5/EC is to present. The notified body must prove the insurance covering their risks.
(3) the Federal Network Agency for electricity, gas, telecommunications, post and railways is entitled to demand documents required for testing and perform a check on the applicant. The authority shall decide on the basis of the request by written notification.
(4) the recognition of a notified body is limited in time.
(5) the approval as notified body is submitted to the European Commission on the Federal Ministry of Economics and technology. An identification number is assigned to the notified body.
(6) the Federal Network Agency for electricity, gas, telecommunications, post and railways, regularly check whether the notified bodies continue to meet the requirements.

§ 4 recognition as a conformity assessment body for third countries (1) with the recognition as a conformity assessment body for third countries within the framework of the agreements listed in annex 1 to this regulation between the European Community and third countries specified therein is a natural or legal person or a legal person company empowered to perform the function of conformity assessment in the field of telecommunications for the above third countries within the framework of the respective agreement.
(2) for the application of the procedure of recognition as a conformity assessment body, the Bundesangentur for electricity, gas, telecommunications, post and railways is responsible. § 3, paragraph 2, sentence 2 to 5, para 3, 4, 5 is sentence 1 and paragraph 6 shall apply. The requirements listed in article 2 and in the respective agreements in relation to the sectoral annex of the telecommunications is to present.
Section 3 to perceive electromagnetic compatibility § 5 recognition as notified body (1) with recognition as a notified body within the meaning of the law on the electromagnetic compatibility of equipment is a natural or legal person or a legal person company authorized, the tasks of assessing conformity according to § 7 section 4 of the law on the electromagnetic compatibility of equipment.
(2) for the application of the procedure of recognition as a notified body, the Federal Network Agency for electricity, gas, telecommunications, post and railways is responsible. Section 3, paragraph 2, sentence 2 to 5 and 7 and paragraph 3 to 6 finds appropriate application. The requirements listed in article 2 and contained in § 10 para 1 of the law on the electromagnetic compatibility of equipment is to present. The application is in particular a declaration to accompany that the issuance of a certificate of good of conduct for the Director or the senior staff of the applicant for submission to an authority according to § 30 para 5 of the federal Central Register Act as amended by the notice of 21 September 1984 (BGBl. I S. 1229, 1985 I p. 195), most recently by article 4 of the law of August 21, 2007 (BGBl. I p. 2118) is has been modified , and a report from the central commercial register for submission to an authority according to § 150 para 5 of the trade regulations as amended by the notice of 22 February 1999 (BGBl. I p. 202), most recently by article 9 of the law of December 21, 2007 (BGBl. I p. 3089) has been changed, was requested.

§ 6 (dropped out) recognition as conformity assessment body for third countries (1) with the recognition as a conformity assessment body for third countries within the framework of listed agreements concluded between the European Community and the third countries referred is in annex 2 to this regulation a natural or legal person or a legal person company authorized, the tasks of conformity assessment in relation to electromagnetic compatibility for third countries in the framework of the respective agreement to carry out section 7.

(2) for the application of the procedure of recognition as a conformity assessment body, the Federal Network Agency for electricity, gas, telecommunications, post and railways is responsible. § 3, paragraph 2, sentence 2 to 5, para 3, 4, 5 is sentence 1 and paragraph 6 shall apply. The requirements listed in article 2 and in the respective agreements in relation to the sectoral annex on electromagnetic compatibility is to present.
Section 4 final provisions § 8 notice on changes arising in one of the bodies within the meaning of articles 3 to 7 changes technical, organisational or personnel nature that might affect the conditions for recognition, so they have immediately in writing to inform the Federal Network Agency for electricity, gas, telecommunications, post and railways.

§ 9 termination and revocation of (1) the loan to value or recognition as a notified body or conformity assessment body for third countries goes out with the setting of the operation of the site. The Federal Network Agency for electricity, gas, telecommunications, post and railways is the setting to display immediately in writing.
(2) the recognition shall be revoked, if 1 the place repeatedly and despite the request not comply with the obligations of the regulation or 2. This applies for the job.

Article 10 fees and expenses for individually attributable public services due to the aforementioned regulations are fees and expenses charged to the annex 3 to this regulation. For the revocation or withdrawal of a bureaucracy, refusing a request to carry out of individually attributable public power, as well as in cases of withdrawal of an application for making an individually attributable public performance, fees are charged in accordance of § 23 paragraph 5 sentence 1 and 2 of the Federal fees law.

Appendix 1 (to 4) agreement with regard to the recognition of conformity assessment bodies in the sector telecommunications site of the original text: Federal Law Gazette 2002 I, 1795 Council decision of 18 June 1998 on the conclusion of the agreement between the European Community and Australia on mutual recognition of conformity assessment, certification and markings (98/508/EC) (OJ EC No. L 229, p. 1) Council decision of 18 June 1998 on the conclusion of the agreement between the European Community and New Zealand on mutual recognition of conformity assessment (98/509/EC) (OJ EC No. L 229 p. 61) decision of the Council of 20 June 1998 on the conclusion of the agreement between the European Community and Canada on mutual recognition (98/566/EC) (OJ EC No. L 280, p. 1) Council decision of 22 June 1998 on the conclusion of the agreement between the European Community and the United States of America on the mutual recognition (1999/78/EC) (OJ EC No. L 31 p. 1) Council decision of 27 September 2001 concerning the conclusion of the agreement between the European Community and Japan on mutual recognition (2001/747/EC) (OJ EC No. L 284 p. 1) Appendix 2 (to § 7) agreement with regard to the recognition of conformity assessment bodies in the sector electromagnetic compatibility site of the original text: Federal Law Gazette 2002 I, 1795 Council decision of 18 June 1998 on the conclusion of the agreement between the European Community and Australia on mutual recognition of conformity assessment, certification and markings (98/508/EC) (OJ EC No. L 229, p. 1) Council decision of 18 June 1998 on the conclusion of the agreement between the European Community and New Zealand on mutual recognition of conformity assessment (98/509/EC) (OJ EC No. L 229 p. 61) decision of the Council of 20 June 1998 on the conclusion of the agreement between the European Community and Canada on mutual recognition (98/566/EC) (OJ EC No. L 280, p. 1) Council decision of 22 June 1998 on the conclusion of the agreement between the European Community and the United States of America on the mutual recognition (1999/78/EC) (OJ EC No. L 31 p. 1) Council decision of 27 September 2001 concerning the conclusion of the agreement between the European Community and Japan on mutual recognition (2001/747/EC) (OJ EC No. L 284 p. 1) Appendix 3 (according to § 10) fees and expenses for the recognition of notified bodies and conformity assessment bodies for third countries (site of the original text: BGBl. 2002 I, 1796-1798; regarding the individual Änderungn see footnote) 1 fees and expenses for the recognition of designated provided according to § 3 charges number Gebührentatbestand1) fee in euro 1.1 administrative processing of the application for recognition as a notified body according to the law on radio equipment and telecommunications terminal equipment; Verification of formal requirements 1 000 this position is also due upon extension of the area of the notified body.
1.22) administrative procedure of recognition as a notified body; Check the formal requirements including implementation of Begutachtung3) 5 000 1.3 periodic inspection according to § 3 par. 6 2 000 1.4 certificate a 250 1.5 expenditure for auditing by assessors including preparation, appraisal and follow-up per person per day4) 810 1.6 event-related checking the requirements of between 1 000 and 2 000 1) in disproportionate administrative burden caused by the applicant , the recognised authority can collect up to 50 per cent of the fee numbers 1.1 and 1.2 surcharges.
(2) whatever the position of 1.1 will be charged in addition to position 1.2.
(3) in the case of additional tests according to the essential requirements referred to in article 3, paragraph 1 No. 1 of the law on radio equipment and telecommunications terminal equipment can increase the fee after position 1.2 and up to 50 per cent. Expansion of the area during the current period of recognition, the fee can be reduced after position 1.2 up to 25 per cent.
(4) the reimbursement of travel costs and other expenses provided pursuant to section 10 of the administrative expenses Act in force until August 14, 2013 amended assume these costs not directly by the applicant.
2. fees for the recognition of conformity assessment bodies for third countries pursuant to § 4 fees number Gebührentatbestand5) fee in Euro 2.1 administrative processing of the application for recognition as a conformity assessment body for a third country in the sector telecommunication; Review of the formal requirements of 500 this position is also due upon extension of the range of the conformity assessment body.
2.2 implementation of the assessment and recognition procedure 2.2.16) administrative review procedure for recognition as a conformity assessment body for a third country in the sector telecommunication; Review of the formal requirements, as well as conducting the evaluation including evaluation of the basic general requirements (as they are defined E.g. in DIN EN 45000er series) 5 000 2.2.27) administrative review procedure for recognition as a conformity assessment body for a third country in the sector telecommunication; Review of the formal requirements, as well as carrying out the assessment on the basis of the terms of the third-country agreement without examination of the basic general requirements (as they are defined E.g. in DIN EN 45000er series) 2 500 2.3 regular review in accordance with article 4, paragraph 2, sentence 2 and 3 1 000 2.4 certificate a 125 2.5 expenditures for auditing by external assessors including preparation , Assessment and follow-up per person and Tag8) 810 5) disproportionate administrative burden caused by the applicant, the recognised authority can charges up to 50 per cent of the fee numbers 2.1, 2.2.1 and 2.2.2 collect.
(6) to position 2.2.1, whatever the position 2.1 will be charged in addition.
(7) to position 2.2.2, whatever the position 2.1 will be charged in addition.
(8) the reimbursement of travel costs and other expenses is carried out in accordance with section 10 of the administrative expenses Act in force until August 14, 2013 amended provided that these costs do not directly by the applicant are taken over.
3. fees for the recognition of notified bodies according to § 5 fees number Gebührentatbestand9) fee in Euro 3.1 administrative process of the application for recognition as a notified body according to the law on the electromagnetic compatibility of equipment; Review of the formal requirements for this position is also due for expansion of the area of the notified body.
1 000 3.210) the administrative procedure for the recognition as a notified body; Check the formal requirements including implementation of Begutachtung11) 5 000 3.3 periodic inspection according to § 5 para 2 sentence 2 and 3 2 000 3.4 certificate 250 3.5 reimbursement of expenses for auditing by assessors including preparation, appraisal and follow-up per person and Tag12) 810 3.6 event-related requirements from 1 000 to 2 000 3.7 reconciliation a recognition of a competent authority after directive 89/336/EEC in a notified body according to Directive 2004/108/EC 1 000 9)

In disproportionate administrative burden caused by the applicant, the recognised authority can 3.1 and 3.2 rise to charges up to 50 per cent of the fee numbers.
(10) whatever the position of 3.1 shall be charged for item 3.2.
(11) in the case of extension of the area during the current period of recognition, the fee can be reduced up to 25 per cent.
(12) the reimbursement of travel costs and other expenses is carried out in accordance with section 10 of the administrative expenses Act in force until August 14, 2013 amended provided that these costs do not directly by the applicant are taken over.
4. (disappeared) 13) (lapsed) 14) (lapsed) 15) (lapsed) 5. fees for the recognition of conformity assessment bodies for third countries pursuant to § 7 fees number Gebührentatbestand16) fee in Euro 5.1 administrative processing of the application for recognition as a conformity assessment body for a third country in the sector electromagnetic compatibility;
500 review of the formal requirements for this position is also due upon extension of the range of the conformity assessment body.
5.2 implementation of assessment and recognition procedure 5.2.117) administrative review procedure for recognition as a conformity assessment body for a third country in the sector electromagnetic compatibility; Review of the formal requirements, as well as carrying out the assessment on the basis of the conditions of third-State agreement including review of basic general requirements (as they are defined E.g. in DIN EN 45000er series) 5 000 5.2.218) administrative review procedure for recognition as a conformity assessment body for a third country in the sector electromagnetic compatibility; Review of the formal requirements, as well as carrying out the assessment on the basis of the terms of the third-country agreement without examination of the basic general requirements (as they are defined E.g. in DIN EN 45000er series) 2 500 5.3 regular review in accordance with article 7, paragraph 2, sentence 2 and 3 1 000 5.4 certificate of 125 5.5 expenditures for auditing by external assessors including preparation , Assessment and follow-up per person and Tag19) 810 16) disproportionate administrative burden caused by the applicant, the recognised authority can charges up to 50 per cent of the fees number 5.1, 5.2.1 and 5.2.2 rise.
(17) whatever the position of 5.1 shall be charged for item 5.2.1.
(18) whatever the position of 5.1 will be charged in addition to position 5.2.2.
(19) the reimbursement of travel costs and other expenses is carried out in accordance with section 10 of the administrative expenses Act in force until August 14, 2013 amended provided that these costs do not directly by the applicant are taken over.