Legal basis of DAkkS

European legal framework

In the area of accreditation, a uniform European system was established in 2010. This accreditation system covers both the regulated area, in which accreditation is required by law, and also areas in which a body wishes to be accredited voluntarily.

In the European legal framework, attention should be drawn in particular to Regulation (EC) No 765/2008 “setting out the requirements for accreditation and market surveillance relating to the marketing of products”. This Regulation is intended in particular to ensure that accreditation serves the public interest.

The EU Regulation achieved the successful adaptation of the legal framework for accreditation to the requirements of the rapidly growing international trade in goods and services and harmonisation of the accreditation system across countries.

Requirements of the EU Regulation for national accreditation bodies

The EU member states are given clear and uniform guidelines for the organisation and implementation of accreditation. At the core of the Regulation (EC) No 765/2008 are the following issues:

• Since 1 January 2010, member states must have established a single national accreditation body.
• The responsibilities and tasks of the national accreditation body are clearly demarcated from those of other national authorities.
• Accreditation is an activity in the public interest and national accreditation bodies are deemed to exercise public authority
• DAkkS operates in a non-profit distributing manner.
• There is no competition with other national accreditation bodies, cross-border accreditation within the EU and the European Economic Community is only possible to a very limited extent.
• The accreditation body fulfils the specified requirements regarding its organisation, work practices and competence and ensures that objectivity, impartiality, and confidentiality are guaranteed. It must be independent of the conformity assessment bodies to be assessed and free from commercial influence.
• It must meet the requirements of the international standard ISO/IEC 17011 for accreditation bodies, and therefore capable of achieving international recognition.
• The national accreditation body is subject to regular peer evaluation by the European co-operation for Accreditation (EA).

National legal framework

The German legislator implemented the European requirements for accreditation by passing the Accreditation Body Act (AkkStelleG) on 31 July 2009, which transposed Regulation (EC) No 765/2008 into German law. Under this act, accreditation is carried out by the accreditation body as a public authority task of the federal government. According to the provisions of the European legal framework, each member state may establish only one national accreditation body.

With the Ordinance on the Accreditation Body (AkkStelleGBV), the German legislator decided to organise the sovereign task of accreditation under private law in the legal form of a limited liability company and to entrust the DAkkS with this task. Nevertheless, the DAkkS operates as a federal authority and is subject to German constitutional and administrative law when carrying out sovereign procedures.

If the registered office of the conformity assessment body is not located in the area of application of the Accreditation Body Act (AkkStelleG), i.e. in Germany, and of Regulation (EC) No 765/2008, and the DAkkS therefore cannot act effectively by administrative act (third country), all accreditation procedures of the DAkkS are considered as not public authority.