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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Regulation on the requirements and the procedure for the recognition of conformity assessment bodies (Recognition Ordinance-AnerkV)

Non-official table of contents

AnerkV

Date of issue: 07.06.2002

Full quote:

" Decree of Recognition of 7. June 2002 (BGBl. 1792), which was last amended by Article 4 (117) of the Law of 7. August 2013 (BGBl. I p. 3154) "

:Last modified by Art. 4 para. 117 G v. 7.8.2013 I 3154

For details, see the Notes

Footnote

(+ + + text evidence from: 13) menu. 6.2002 + + +)

Heading: IdF d. Section 22 (4) no. 1 G v. 26.2.2008 I 220 mWv 1.3.2008
The V has been referred to as Article 1 d. V v. 7.6.2002 I 1792 from the Federal Ministry of Economics and Technology, in agreement with the Federal Ministries of Finance, for Transport, Building and Housing, and for Labour and Social Order. She's gem. Article 3, first sentence, of this V entered into force on 13 June 2002. unofficial table of contents

content overview

Section 1
General Rules
§ 1 Scope
§ 2General Requests
Section 2
Funkanlagen und telecommunication terminal equipment
§ 3Recognition as Named Location
§ 4 Recognition as conformity assessment body for third countries
Section 3
Electromagnetic compatibility
§ 5Recognition as Named Body
§ 6(omitted)
§ 7 Recognition as conformity assessment body for third countries
Section 4
Final specifications
§ 8Changes to the obligation to share
§ 9Erasing and revocation
§ 10Fees and outlays
Appendix 1 (to § 4)Agreement with regard to the recognition of conformity assessment bodies in the sector Telecommunications
Appendix 2 (to § 7)Agreement with regard to the recognition of conformity assessment bodies in the electromagnetic field Compatibility
Appendix 3 (to § 10)Fees and outlays for the recognition of notified bodies and conformity assessment bodies for Third countries

Section 1
General rules

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§ 1 Scope

This Regulation goverts the requirements and the procedure
1.
with regard to radio equipment and telecommunication terminal equipment for
a)
the recognition of notified bodies and
b)
the recognition of conformity assessment bodies for Third countries within the framework of the agreements between the European Community and the third countries referred to in Appendix 1 to this Regulation, as well
2.
style="font-weight:normal; font-style:normal; text-decoration:none;"> with regard to the electromagnetic compatibility of resources for
a)
the recognition of
b
the recognition of conformity assessment bodies for third countries within the framework of the agreements referred to in Annex 2 to this Regulation between: the European Community and the third countries mentioned.
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§ 2 General requirements

The applicant may be recognised as a notified body or conformity assessment body for third countries only if
1.
it has the staff necessary to operate the site and the necessary technical equipment to perform the tasks assigned to it properly,
2.
he or the persons responsible for carrying out the related tasks on the required technical competence and professional integrity ,
3.
and the persons responsible for carrying out the tasks in question shall have the necessary independence and personal data. Reliability, including the necessary secrecy,
4.
provides the assurance that it is responsible for the performance of the tasks associated with the designation. the required organization and the financial resources required to do so,
5.
it is a documented, the recognized rules of technology
6.
he undertakes to issue subcontracting for examinations only if the consent of the client is not accepted by the client. , and the subcontractor has a recognition corresponding to this Regulation, or the Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railways shall be deemed to be equivalent to the subcontractor's capacity certifying a body recognised by it,
7.
it is obliged by written declaration to the Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railways to provide information on its activities at all times.

Section 2
Funkanlagen and telecommunications terminal equipment

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§ 3 Recognition as a notified body

(1) With the recognition as a notified body within the meaning of the law on radio equipment and Telecommunications terminal equipment is a natural or legal person or a legally competent partnership with the power to carry out the tasks of conformity assessment and the evaluation and supervision of quality management systems after at least one of Annexes III to V to Directive 1999 /5/EC of the European Parliament and of the Council of 9. 1 March 1999 on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity (OJ L 327, 30.4.1999, p. EC No 10);(2) The Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railways (Bundesnetzagentur für Electricity, Gas, Telecommunications, Post and Railways) is responsible for the implementation of the recognition procedure. The recognition as a notified body must be submitted in writing to the Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railways. The area for which recognition is requested shall be indicated. The application documents of the Authority shall be used. The notified body must provide evidence of a documented quality management system corresponding to the recognised rules of technology. The fulfilment of the requirements listed in § 2 and contained in Annex VI to Directive 1999 /5/EC shall be stated. The notified body must provide evidence of the conclusion of a liability insurance cover covering its risks.(3) The Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railways shall be entitled to request documents required for the examination and to carry out an examination with the applicant. The Authority shall, on the basis of the application, decide by written notice.(4) The recognition as a notified body shall be limited to a limited period.(5) The recognition as a notified body shall be notified to the European Commission via the Federal Ministry of Economics and Technology. A identification number shall be assigned to the notified body.(6) The Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railways regularly checks whether the notified bodies continue to comply with the requirements. Non-official table of contents

§ 4 Recognition as a conformity assessment body for third countries

(1) With the recognition as a conformity assessment body in the case of third countries, within the framework of the agreements between the European Community and the third countries referred to in Annex 1 to this Regulation, a natural or legal person or a civil society capable of legal capacity authority to carry out the tasks of conformity assessment in the telecommunications sector for the third country or third countries referred to in the agreement.(2) The Federal Agency for Electricity, Gas, Telecommunications, Post and Railways is responsible for the implementation of the recognition procedure as a conformity assessment body. § 3 (2) sentence 2 to 5, para. 3, 4, 5 sentence 1 and para. 6 shall apply mutatily. The fulfilment of the requirements listed in § 2 and contained in the respective agreements in relation to the sectoral annex to the telecommunications is to be stated.

Section 3
Electromagnetic Tolerability

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§ 5 Recognition as a notified body

(1) With the recognition as a notified body in the The purposes of the Act on the Electromagnetic Compatibility of Operating Agents is a natural or legal person or a legally competent civil society authorised to carry out the tasks of conformity assessment in accordance with Article 7 (4) of the Law on to carry out the electromagnetic compatibility of operating equipment.(2) The Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railways (Bundesnetzagentur für Electricity, Gas, Telecommunications, Post and Railways) is responsible for the implementation of the recognition procedure. § 3 (2) sentences 2 to 5 and 7 and para. 3 to 6 shall apply. The fulfilment of the requirements listed in § 2 and contained in § 10 paragraph 1 of the Act on the electromagnetic compatibility of operating resources must be stated. The application shall, in particular, be accompanied by a declaration that the issuing of a certificate of conduct for the head or the senior staff of the applicant for submission to an authority pursuant to Section 30 (5) of the Federal Central Register Act as amended the notice of 21. September 1984 (BGBl. 1229, 1985 I p. 195), as last amended by Article 4 of the Law of 21. August 2007 (BGBl. 2118), and an information from the Register of Trade Central Register for submission to an authority pursuant to Section 150 (5) of the Industrial Code in the version of the notice of 22 March 2009. February 1999 (BGBl. 202), as last amended by Article 9 of the Law of 21. December 2007 (BGBl. 3089), it has been requested. unofficial table of contents

§ 6

(omitted) unofficial Table of contents

§ 7 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 between the The European Community and the third countries referred to in that Community shall have the power to carry out the tasks of conformity assessment with regard to electromagnetic compatibility for a natural or legal person or a civil society capable of being legally competent. Third countries within the framework of the respective agreement.(2) The Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railways is responsible for the implementation of the recognition procedure as a conformity assessment body. § 3 (2) sentence 2 to 5, para. 3, 4, 5 sentence 1 and para. 6 shall apply mutatily. The fulfilment of the requirements listed in § 2 and contained in the respective agreements in relation to the sectoral annex to electromagnetic compatibility shall be stated.

Section 4
Final Provisions

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§ 8 Changes to the obligation to share changes

If one of the positions in the § § 3 to 7 Amendments of technical, organizational or personal nature which could affect the conditions for recognition, they shall immediately in writing of the Federal Network Agency for Electricity, Gas, Telecommunications, Mail and railways. Unofficial table of contents

§ 9 Ererase and revocation

(1) The order or recognition as a notified body or conformity assessment body for Third countries shall cease to operate in the place of the establishment. The Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railways shall be notified immediately in writing.(2) The recognition shall be revoked if
1.
repeats the obligation of the Regulation and do not comply with the request, or
2.
the location so requests.
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§ 10 Fees and Deposits

For individually attributable public services under the aforementioned regulations, charges and outlays are to be found after Appendix 3 to this Regulation. For the revocation or withdrawal of an administrative act, the rejection of an application for an individual attributable public service, and 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. Non-official table of contents

Appendix 1 (to § 4)
Agreement for the recognition of conformity assessment bodies in the sector Telecommunications

Fundstelle des Originaltextes: BGBl. I 2002, 1795 Council decision of 18. 1 June 1998 on the conclusion of the Agreement between the European Community and Australia on the mutual recognition of conformity assessment, certification and labelling (98/508/EC) (OJ L 327, 28.1.1998, p. EC No 1)
Decision of the Council of 18. 1 June 1998 on the conclusion of the Agreement between the European Community and New Zealand on the mutual recognition of conformity assessment (98/509/EC) (OJ L 139, 30.4.1998, p. EC No 61)
Decision of the Council of 20 On the conclusion of the Agreement between the European Community and Canada on mutual recognition (98/566/EC) (OJ 1998 L 1998, p. 1). EC No 1)
Decision of the Council of 22 November 2008 On the conclusion of the Agreement between the European Community and the United States of America on mutual recognition (1999/78/EC) (OJ 1998 L 1998, p. 1). EC No 1)
Decision of the Council of 27 1 September 2001 on the conclusion of the Agreement between the European Community and Japan on mutual recognition (2001/747/EC) (OJ L 139, 30.4.2001, p. EC No L 284 p. 1) unofficial table of contents

Appendix 2 (to § 7)
Agreement with regard to the recognition of conformity assessment bodies in the sector electromagnetic compatibility

Fundstelle des Originaltextes: BGBl. I 2002, 1795 Council decision of 18. 1 June 1998 on the conclusion of the Agreement between the European Community and Australia on the mutual recognition of conformity assessment, certification and labelling (98/508/EC) (OJ L 327, 28.1.1998, p. EC No 1)
Decision of the Council of 18. 1 June 1998 on the conclusion of the Agreement between the European Community and New Zealand on the mutual recognition of conformity assessment (98/509/EC) (OJ L 139, 30.4.1998, p. EC No 61)
Decision of the Council of 20 On the conclusion of the Agreement between the European Community and Canada on mutual recognition (98/566/EC) (OJ 1998 L 1998, p. 1). EC No 1)
Decision of the Council of 22 November 2008 On the conclusion of the Agreement between the European Community and the United States of America on mutual recognition (1999/78/EC) (OJ 1998 L 1998, p. 1). EC No 1)
Decision of the Council of 27 1 September 2001 on the conclusion of the Agreement between the European Community and Japan on mutual recognition (2001/747/EC) (OJ L 139, 30.4.2001, p. EC No L 284 p. 1) unofficial table of contents

Appendix 3 (to § 10)
fees and charges for the recognition of notified bodies and Conformity assessment bodies for third countries

(site of the original text: BGBl. I 2002, 1796-1798;
bzexcl. of the individual amendments, cf. Footnote)

1. Fees and expenses for the recognition of designated Stellten pursuant to § 3Fee number of fee payouts < a name="FnR.FnA1-BJNR179210002BJNE001300000_001">1) Charge in
Euro
1.1 Administrative editing the application for recognition as a notified body in accordance with the law on radio equipment and telecommunications terminal equipment; verification of formal requirements 1 000
This position will also be due when the area of the notified body is expanded.
1.2 2) Administrative implementation of the procedure for recognition as a notified body; review of formal requirements including implementation the review 3) 5 000
1.3 Rules Review in accordance with § 3 paragraph 6 2 000
1.4 Exhibition of a certificate 250
1.5 Application for auditing by surveyors including preparation, review and follow-up per person and day 4) 810
1.6 Request for requestfrom 1 000 to 2 000


1)
In the event of excessive administrative burdens caused by the applicant, the acknowledging authority may charge up to 50 per cent of the fee numbers 1.1 and 1.1 1.2.
2)
To position 1.2, the position 1.1 is always also raised.
3)
For additional tests in accordance with the essential requirements of § 3 (1) (1) of the Law on Radio equipment and telecommunications terminal equipment may increase the fee in accordance with item 1.2 and up to 50 of the hundred. If the area is extended during the current period of recognition, the fee can be reduced to 25 from the hundred by position 1.2.
4)
The reimbursement of travel expenses incurred as well as of other expenses shall take place in accordance with § 10 of the Administrative Costs Act (Administrative Costs Act) in der bis zum 14. If the cost is not directly accepted by the applicant,


2. Fees for the recognition of conformity assessment bodies for third countries in accordance with § 4Fee number charge inventory < a name="FnR.FnA2-BJNR179210002BJNE001300000_005">5) Fee in
Euro
2.1 Administrative Processing of the application for recognition as a conformity assessment body for a third country in the telecommunications sector; verification of formal requirements 500
This position will also be due when the conformity assessment center area is extended.
2.2 Implementation of the rating and Recognition method
2.2.1 6) The administrative implementation of an evaluation procedure for recognition as a conformity assessment body for a third country in the telecommunications sector; verification of the formal requirements and implementation of the evaluation including the evaluation of the basic general requirements (such as those B. in the DIN EN 45000 series defined) 5 000
2.2.2 7) The administrative implementation of an evaluation procedure for recognition as a conformity assessment body for a third country in the telecommunications sector; verification of the formal requirements and the implementation of the evaluation on the Basis of the conditions of the third country agreement without evaluation of the basic general requirements (such as those for example) B. in the DIN EN 45000 series defined) 2 500
2.3 Regular check in accordance with § 4 paragraph 2 sentence 2 and 3 1 000
2.4 Exhibition of a certificate 125
2.5 Application for auditing by external assessors, including preparation, review and follow-up per person and day 8)810


5)
If there is a disproportionate administrative burden caused by the applicant, the acknowledging authority may grant surcharges Up to 50 from the hundred of charge numbers 2.1, 2.2.1, and 2.2.2.
6)
To position 2.2.1, it will always be Position 2.1 additionally collected.
7)
To position 2.2.2, position 2.1 is also added
8)
The reimbursement of travel expenses incurred as well as other expenses shall be reimbursed in accordance with § 10 of the Administrative costs law in the up to 14. If the cost is not directly accepted by the applicant,


3. Fees for the recognition of notified bodies in accordance with § 5Fee number of charge fees < a name="FnR.FnA3-f770791_02">9) Charge in
Euro
3.1 Administrative processing of the application for recognition as notified body in accordance with the law on the electromagnetic compatibility of equipment; verification of formal requirements
This position is also due on extension of the area of the notified body.
1 000
3.2 10) Administrative implementation of the procedure for recognition as a notified body; verification of formal qualifications Requirements including implementation of the review 11) 5 000
3.3 Rules Review in accordance with § 5 para. 2 sentence 2 and 3 2 000
3.4 Exhibition of a certificate 250
3.5 Application for auditing by assessors, including preparation, review and follow-up per person and day 12) 810
3.6 Request-related verification of requirements from 1 000 to 2 000
3.7 Transferring Recognition to a Competent Body in accordance with Directive 89 /336/EEC into a named post by Directive 2004 /108/EC1 000


9)
On Unreasonable administrative burden caused by the applicant may collect surcharges up to 50 per cent of the fee numbers 3.1 and 3.2.
10)
To position 3.2, the 3.1 position is always also raised.
11)
On extension of the area during the The fee can be reduced up to 25 per cent.
12)
The reimbursement of travel expenses incurred and of the travel expenses incurred by the other expenses shall take place in accordance with § 10 of the Administrative Costing Act in which up to 14. This is due to the fact that it does not apply directly from the applicant.


4. (dropped)
13)
(omitted)
14)
(omitted)
15)
(omitted)


5. Fees for the recognition of conformity assessment bodies for third countries in accordance with § 7Fees of fee payers ' fees < a name="FnR.FnA5-BJNR179210002BJNE001300000_016">16) Fee in
Euro
5.1 Administrative Processing of the application for recognition as a conformity assessment body for a third country in the electromagnetic compatibility sector; 500
Review of formal requirements This position is also due in the case of an extension of the range of Compliance assessment point.
5.2 Implementation of the assessment and recognition procedure
5.2.1 17) Administrative implementation of an evaluation procedure for recognition as a conformity assessment body for a third country in the field of electromagnetic compatibility; review of the formal requirements , as well as carrying out the review on the basis of the conditions of the third country agreement, including the assessment of the basic general requirements (such as those relating to: B. in the DIN EN 45000 series defined) 5 000
5.2.2 18) The administrative implementation of an evaluation procedure for recognition as a conformity assessment body for a third country in the field of electromagnetic compatibility; verification of the formal requirements and implementation of the Peer review on the basis of the conditions of the third country agreement without evaluation of the basic general requirements (such as those B. in the DIN EN 45000 series defined) 2 500
5.3 Regular check in accordance with § 7 paragraph 2 sentence 2 and 3 1 000
5.4 Exhibition of a certificate 125
5.5 Application for auditing by external assessors, including preparation, review and follow-up per person and day 19)810


16)
If there is a disproportionate administrative burden caused by the applicant, the acknowledging authority may be Apply surcharges up to 50 per hundred of charge numbers 5.1, 5.2.1, and 5.2.2.
17)
To position 5.2.1 is always Also the 5.1 position is additionally collected.
18)
To position 5.2.2, the position 5.1 is also added.
19)
The reimbursement of travel expenses incurred as well as other expenses shall be reimbursed in accordance with § 10 of the Administrative costs law in the up to 14. August 2013, provided that these costs are not directly accepted by the applicant.