Apply for accreditation as an analysis laboratory - Soil Decree

Summary

As a laboratory, you are called upon to analyse samples as part of the investigations required by the Soil Decree?

You must be accredited by the SPW ARNE (Agriculture, Natural Resources and Environment) so that the analyses which you carry out within the framework of investigations and decontaminations of Walloon land have an official value. The application for accreditation is performed in two steps and mainly by email.

 

ACCREDITATION: OFFICIAL RECOGNITION OF YOUR SKILLS

The Soil Decree organises the investigations necessary to establish the existence of pollution and to determine the modalities for soil decontamination. It identifies the participants and guarantees the quality of their services to third parties.

By granting you the accreditation for analysis laboratories in this context, the SPW ARNE recognises that you have the expertise and the resources necessary for the proper performance of the assignments as provided for in the legislation.

The accreditation is issued for a maximum of 5 years. It will be renewed at your request.

Once approved, you will be included in the list of approved laboratories in Wallonia within the framework of the Soil Decree.

 

THREE POSSIBLE CATEGORIES OF ACCREDITATION

When applying for soil testing laboratory accreditation, you must choose from the following categories:

      • Category 1 or Full Accreditation: your laboratory performs all the analyses concerning the parameters identified for the soil and groundwater matrices in Annex 1 of the Soil Decree.

      • Category 2 or Partial Accreditation: your laboratory performs some of the analyses in Category 1 above.

      • Category 3 or Complementary Accreditation (under development): your laboratory performs analyses with respect to the parameters or matrices not listed in Annex 1 of the Soil Decree. The latter must be included in the Walloon Compendium of Sampling and Analysis Methods (CWEA) and be of interest in the investigations required by the Soil Decree.

 

THE ISSEP TECHNICAL REPORT: A NECESSARY PRELIMINARY
 
The application file includes an opinion from the ISSEP (Scientific Institute of Public Service). You must first request this institute to carry out a technical and organisational survey of your laboratory's activities involved with the accreditation. Please note that this service involves a payment for which ISSEP will provide you with an estimate.

Once the report of the technical investigation is available, you will have 6 months to request your accreditation as an analysis laboratory within the framework of the Soil Decree from the Soil Protection Directorate according to the procedure described below.

 

Key points

Is your accreditation as an analysis laboratory coming to an end? In order to renew it, please follow the initial application process described here. 

In detail

Target audience – details

Laboratories which perform soil and groundwater sample analyses within the framework of the Soil Decree, as well as any other analysis which may be of interest within the framework of the investigations established by this Decree. 

Conditions

Most of the requirements are listed in the annexes for the accreditation application form. However, you will also have to respect the following points.
 

RESOURCE REQUIREMENTS

      • Subcontracting to one or more laboratories approved in accordance with the provisions of the Soil Decree, in order to cover all the methods required by the accreditation, is permitted.

      • The applicant must have at least one contractual person empowered to countersign any report, study or project. This person will have the authority within the operating site involved with the application and will be responsible for:  
            > the correct application of the rules in force within the framework of the activities related to accreditation
            > the correct implementation of the quality management system in the activities related to accreditation

      • The applicant will have the equipment and the technical, computer and human resources necessary to implement the methods and procedures provided for in the Soil Decree, including the CWEA (Walloon Compendium of Sampling and Analysis Methods), in order to carry out its assignments.

SKILLS REQUIRED

      • The applicant will have one or more laboratory managers holding one of the following degrees:
            > a university degree or equivalent in the field of chemistry
            > a university degree or equivalent AND a minimum of 3 years of professional experience in the fields covered by the accreditation acquired during the 6 years preceding the application for accreditation

      • The empowered contractor must: 
            > have a scientific degree at university level or equivalent
            > have at least three years of professional experience in the areas of accreditation acquired in the 6 years preceding the application for accreditation
            > have sufficient experience in the application of the Decree dated March 1, 2018, and the related technical and regulatory documents

      • The applicant will apply the CWEA methods or methods deemed equivalent by the Administration for the parameters corresponding to the category of the accreditation sought.
        Otherwise, it will undertake to apply, within two years following the granting of the accreditation, the CWEA methods, or those deemed equivalent, for all the parameters corresponding to the accreditation applied for, according to a commitment schedule validated by the Administration.
        The Administration will evaluate the equivalence of a method based upon the opinion issued by the ISSEP in its Technical Survey.

Procedure

The application for accreditation as an analysis laboratory under the Soil Decree will be considered in two stages:
      1. The technical investigation of the ISSEP
      2. The application for the accreditation itself

 

      1. ISSEP TECHNICAL SURVEY

1.1 Request for investigation

The application file for the investigation must comprise:
      • the completed accreditation application form (please see "Forms")
      • only the annexes 1 to 11, 17 AND 18 requested in the form (please see 2.1 below for more information)
      • those technical documents as requested by ISSEP (please see "Useful documents")

Please send these documents in electronic format to ISSEP at the following email address: laboref@issep.be

* * * Cost estimate for the technical survey  

There will be a payment due for performing such a service, the amount of which depends upon the amount of work and expenses estimated by ISSEP for:  
      • reviewing the relevant documents
      • making a visit to the laboratory
      • producing the report

This estimate will be detailed in an assessment which will be sent to you by the institute.

Do you have any questions on the subject? Please contact the ISSEP (laboref@issep.be)

 

1.2 Organisation of the survey

Once your request is received, the ISSEP will send you a proposal of dates for carrying out the technical and organisational survey of your laboratory's activities. This must be done within 60 days of receiving your complete application.

 

1.3 Technical report

The ISSEP will finalise the technical report and sends it to you within 60 days of the completion of the technical survey. The Institute will also send a copy of the report to the administration.

This report:
      • will include a list of potential deficiencies to be addressed prior to requesting accreditation from the administration
      • will specify, if applicable, the need for further advice from the ISSEP

If further advice is needed, it should be included in your final accreditation application. Request it immediately by email (laboref@issep.be) and attach to it some elements which at this point respond to the remarks made by the ISSEP.

 

        2. APPLICATION FOR ACCREDITATION

2.1 Preparation of the application file for the accreditation

Complete, date and sign the application form for the accreditation (please see "Forms").  You must attach annexes 1 to 20, which cover:

*) The parameters for which the accreditation is requested

      • Annex 1: a list of the analytical parameters for which accreditation is requested, dated and signed (please see the template in "Forms")

      • Annex 2: the general summary table of the analysis parameters covered by the accreditation (please see the model in "Forms") resulting from the technical survey, dated and signed by the laboratory AND the ISSEP

      • Annex 3: a copy of the agreement between the applicant and the subcontractor(s) identified in the general summary table in Annex 2, if applicable

*) Identification of the legal entity on whose behalf the accreditation is requested

      • Annex 4: a copy of the publication of the Articles of Association (coordinated version) of the legal entity or a certified copy of the application for publication of the Articles of Association

      • Annex 5: a copy of the extract proving the registration of your organisation in the National Register of Commerce and Companies

*) The organisation and skills available at the place of business involved in the application

      • Annex 6: a detailed organisation chart of the place of business in which the technical contact, the laboratory managers, the empowered persons and the quality manager are identified

      • Annex 7: an organisational chart locating the laboratory within the parent organisation, if applicable

      • Annex 8: the experience and qualifications of the persons involved with the accreditation in the form of a table dated and signed by the applicant, the technical contact person, the laboratory managers and the empowered persons - (please see the model in "Forms")

*) The qualifications of the designated empowered person(s)

      • Annex 9: a curriculum vitae listing the degrees and specific experience acquired during the 3 to 6 years preceding the date of the application for the accreditation

      • Annex 10: copies of the degrees mentioned in Annex 9

      • Annex 11: a copy of the employment contract between the empowered person(s) and the applicant for accreditation (or a certificate stating the contractual relationship established between the holder of the accreditation and the empowered person, countersigned by both parties)

*) The applicant's moral and financial guarantees

      • Annex 12: a declaration of honour dated and signed by a person who can commit the company, certifying that the applicant:
            > has an activity with an effective and lasting link to the economy of the country in which it is established
            > has not been convicted of any breach of the regional, federal or any other environmental legislation of a Member State of the European Union
            > has not been convicted of any breach of any social, fiscal or financial legislation
            > has fulfilled its social (social security) and fiscal (direct taxation and VAT) obligations
            > has sufficient financial guarantees
            > is able to write in French or German in order to address the administration and its representatives
            > does not have, directly or indirectly, personally or through a third natural or legal person, a management or executive position in a company active in the production, quality control or management of land or in the performance of decontamination works

      • Annex 13: a declaration of honour dated and signed by each of the directors, managers or persons able to commit the company listed in the application for accreditation, certifying that he/she:
            > has not been convicted of any breach of the regional, federal or any other environmental legislation of a Member State of the European Union
            > has not been convicted of any offence which deprives him/her of his/her civil and/or political rights

      • Annex 14: for each of the companies listed in the application form, a declaration of honour for a person who can commit the company, stating that the company has not been convicted of any offence under the regional, federal or any other environmental legislation of a Member State of the European Union

      • Annex 15: a declaration of honour, dated and signed by each of the persons responsible for the laboratory, certifying that he/she:
            > has not been convicted of any breach of regional, federal or any other environmental legislation of a Member State of the European Union
            > has not been convicted of a crime which deprives him/her of his/her civil and/or political rights

      • Annex 16: for each person empowered to do so, a dated and signed declaration of honour that he/she:
            > has not been convicted of any breach of the regional, federal or any other environmental legislation of a Member State of the European Union
            > has not been convicted of any offence which deprives him/her of his/her civil and/or political rights
            > undertakes to follow the continuous training modules organised by the administration with regard to the legislation and its developments and to administrative practices

*) The technical, IT and human resources available

      • Annex 17: an inventory of the equipment and technical, IT and human resources available to the applicant to perform the tasks covered by the accreditation (see model in "Forms")

      • Annex 18: a copy of the ISO 17025 accreditation certificate (including at least one analysed parameter). If not, any document proving that an organisational and technical quality management system for laboratory activities is in place. This management system is accepted by the Administration upon the basis of further investigation by the ISSEP.

*) The ISSEP technical survey report

      • Annex 19: the ISSEP technical survey report AND any additional advice from the Institute. These documents will be accompanied by the applicant's response to the deficiencies identified by the ISSEP during its investigation. This response will be presented in the form of a tracking table of the identified deficiencies. For non-conformities not yet resolved, the laboratory will indicate the actions and the reasonable deadlines for their completion.

        The technical survey report will incorporate the general summary table (Annex 2) which must be dated and signed by the ISSEP and the requesting laboratory.

*) Commitment to respect the rules and to submit to control measures

      • Annex 20: a declaration dated and signed by a person authorised to commit the company (please see the model in "Forms")

2.2 How to submit your application for accreditation with the SPW ARNE?

The application file which you have prepared, should be sent by email to the Soil Protection Directorate of the SPW ARNE at the following address: labo.sol@spw.wallonie.be

Specify in the subject line of your message "Soil laboratory accreditation request - Company name".

Your application must be sent within 6 months after the date of receipt of the ISSEP technical survey report.

 

* * * Is the investigation report older than 6 months at the time of your request?

You will need to provide a technical survey update report to be requested from ISSEP (laboref@issep.be). Once the update report is available, you will have 6 months to submit your application.

 

      3. PROCESSING YOUR APPLICATION

The SPW ARNE will check that your file is complete and admissible. It will inform you of the results of this operation within 30 days after receiving your request.

Is your application considered incomplete?

You will have 30 days from the date of notification by SPW ARNE to provide the missing information. Send it by email to the above address.

The administration will analyse the additions received and decide whether the application is complete and admissible.

Is your application considered incomplete once more?

Your application will be considered inadmissible by the administration. The latter will notify you of its decision within 30 days after receiving the additional information.

Have you submitted your application to the administration in accordance with the procedure, but have not received a decision from SPW ARNE within the above-mentioned time frame?

According to the legislation in force, your application will, in this case, be considered admissible and the processing of your file will continue.

 
      4. GRANTING or REFUSING ACCREDITATION

The SPW ARNE will grant you the accreditation as an analysis laboratory. This decision will be sent to you within 60 days, that means:

      • the date of sending the decision with regard to the admissibility of your application file
      • the day after the deadline for the administration to send you its admissibility decision

In the absence of any such notification, the accreditation will be considered to have been refused.

 

      5. POSSIBILITIES TO APPEAL

Are you not satisfied with the decision of the administration? You can lodge an appeal with the Minister for the Environment.

When? Within the 20 days after:
      • either the date of receipt of the decision regarding the granting of the accreditation
      • or on the expiry date of the period during which the decision should have been taken

How?
In order to be considered admissible, your appeal request must be accompanied by proof of payment of a €50 application fee.

Make a transfer of the requested amount to the following account:
Number: BE76 0912 1502 6595
In the name of : SPW - DGO3 - GESOL
With in the communication: "legal name of the applicant - appeal accreditation decision

Send your appeal and proof of payment of the application fee by registered mail to:
SPW ARNE - Soil and Waste Department
For the attention of Ms Joëlle BASTIN, Inspector General
Avenue Prince de Liège, 15
5100 Jambes

Would you like to be heard during this appeal?
Make this clear in your application. The administration must give you a date and place for the hearing within 15 days of receiving your request. After the hearing, you will receive the Minister's decision within 50 days after receiving your appeal.

Did you not ask to be heard during this appeal?
You will receive the decision of the Minister regarding your case within 30 days after receipt of your appeal.

If you are not notified of a decision within the above-mentioned time frame, your appeal will be considered to be rejected.

Contacts

Services

Do you have any questions about the accreditation? Contact the Soil Protection Directorate
Updated on
Process n° : 146015
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