Open Letter in the VkBI

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Notified: German Accreditation Body (DAkkS) Mark Surveillance Body at the KBA Higher State Authorities

Here: Publication in the VkBI. “Amtlicher Teil”,Heft 24 aus 12/2019 Nr. 176 StV

22/7341.1/40 v. 2 December 2019.

Causing misunderstandings in the public and among market participants in dealing with the DVGW G 607 gas system test, as well as the performance of illegal services by “approved contractors” (monitoring organisations).

Dear Sir or Madam

Following the publication of the suspension of the defect assessment in § 29 StVZO and the (gas system inspection in accordance with DVGW G 607, in VkBI. No. 24 of December 2019, there are different, incomprehensible reactions in the reporting on this in/on the market, which leads to many kinds of confusion on the market. For example, a press release issued by an association on 14 January 2020, which I have enclosed, should be mentioned here. The GAGT e.V. is of the opinion that if one publishes such a measure, one should also be aware of what this also means financially for affected contractors who offer this service (gas testing according to DVGW G 607).  In the past, they were partly dependent on the income from this service. For many businesses in the motorhome and caravan sector, it could mean the presumed bankruptcy of their business, or even lead them to the brink of bankruptcy. We do not believe that this is desired by you. Therefore, we ask you to provide the companies with an explanation, naturally coordinated with the DAkkS, in order to be able to credibly explain to your customers which processes are actually meant in connection with the DVGW G 607 test. So that further use is also possible without “metrological devices” requiring approval and thus without having to comply with the specifications of the DAkkS. There is also a possible liability issue for the companies in connection with this test in the event of damage occurring after a service that has not been approved by the legislator or not released for technical reasons. According to the motto: How do I tell my customer?

Ref. StV22 in the BMVI has already been informed several times in the past about the implementation or handling of this DVGW G 607 test by the former “Bundesverband für Gasanlagentechnik e.V.” (BFG e.V.). (BFG e.V.). The fact that this G 607 has now made it into the deficiency tree of § 29 StVZO and is thus being applied for the first time is of course due to the BFG e.V., a member of the federal-state committee together with the upper state authorities. However, the StV22 department did not realise that it is useless to try to push through such measures without asking the DAkkS. You have now received the receipt by return of post for this and also all the attention of the market.

But this is not the only thing we are holding against you. There is also the fact that the current German Association for Gas Technology e.V. (GAGT e.V.) is aware of this. (GAGT e.V.), which the undersigned now presides over as Chairman, to question the position of monitoring organisations as so-called “approved contractors”, which plays a role in dealing with this gas system inspection according to DVGW G 607. Of course, this is also in connection with the main inspection according to § 29 StVZO and the non-issuance of inspection stickers in the absence of an “inspection certificate” according to G 607. Especially in the case of main inspections according to § 29 StVZO, the so-called PI and aaSoP of the inspection organisations have unlawfully created a remedy in the absence of an inspection certificate. They simply offered the customer this gas system test in accordance with DVGW G 607 at the test centre and also carried it out, wearing their employer’s overalls of course. So you knowingly offered the customer such a service at the testing station as a “credentialed entrepreneur”, just by chance of course, and also carried it out by chance of course. Thus, of course, they also accidentally collected different amounts of money, and this, as we now know, accidentally illegally.

Since the offer of these services from the sixties until today, hundreds of millions of DM or € have been made under the supervision of the Federal Motor Transport Authority (KBA) through the non-observance of test reports, within the framework of §29 StVZO (Road Traffic Licensing Regulations) and through archiving at the KBA, thus of course coincidentally contributing to the profit maximisation of these monitoring organisations/testing organisations. If only random samples of the test reports had been checked, including the content of the test organisation and its employees, this misconduct should have been noticed in the past, but since this did not happen, we have to assume that this has been done knowingly until today, with all its consequences for the consumer, which are not yet foreseeable.

Employees of the “Beliehen Unternehmen”, have for years been registered with various associations known to all of us, with the registration as…. e.V., sent the ladies and gentlemen (employees) to so-called advanced training courses for “recognition as experts according to DVGW Code of Practice G 607”, had them trained and used the examinations at the end of a course, mostly with “passed” for their own purposes. Of course, before the training course, the instructor (training course provider) coincidentally always failed to inform the course participants, in this case mainly the participating employees of monitoring organisations, that the application of this DVGW G 607, after the issued test certificate as an employee of a testing organisation are not applicable. Not even at the express request of a customer, so the training money was thrown out of the window, so to speak. In the opinion of the GAGT e.V., this is and has been a so-called “moonlighting”, or a “violation of a valid trade regulation and its affected trades” and which, of course, in our opinion, also constitutes a criminal offence. Of course, here again under the eyes of the legislator, with his knowledge and acquiescence, otherwise this can no longer be understood. Unfortunately, the undersigned has not found any other description or paraphrase of these processes. The GAGT e.V. is already aware that the control of the inspection associations and/or inspection organisations is one of the tasks of the higher state authorities. However, it is not acceptable to shift the blame for all this misconduct onto the federal states, which in our opinion has already happened in other cases in the past. Moreover, the legality of a DVGW G 607 and the legality in the implementation for the StVZO has been on the agenda of your ministry for about 14 years.

Of course, there is further misconduct with regard to the testing of “pressurised gas containers”, which is actually also one of the main tasks of the so-called “authorised contractors”. But we will come to that at a later date, albeit with the involvement of other ministries, at the federal level and in the federal states.

The GAGT e.V. will continue to make further publications in the future and will take a detailed stand on the matter. Unfortunately, we are forced to send you this letter as an “open letter”, as it seems that a normal, appropriate dialogue about what has happened is not taking place, or is not wanted by you. Stubbornness does not lead to the goal. Despite several attempts by the undersigned.  As always, we have the necessary documents as evidence for our claims. In view of the situation in which we find ourselves, however, we can only make these available to you in the presence of our lawyers and with their approval. Should you agree to this kind of provision of documents, we would like to remind you at the same time that this would be associated with costs, which would of course have to be borne by you.

Of course, you will also understand that we will obtain the opinion of the DAkkS on this matter. Especially as the new framework regulation VO 2018/858 will require an application in this matter from 01.09.2020. Of course, a possible opinion of the DAkkS on this will also be advantageous, both for now and for after 1 September 2020, when the new regulation comes into force. Of course, in this context, the question would also have to be clarified as to whether the use of the DVGW G 607 worksheet with the content and presentation/naming of standards and directives and regulations, which have been largely outdated for years, can be included in the StVZO as a test instruction at all. Or, in the future, one should generally orient oneself to the circumstances as described in § 41a StVZO, however, also using new measuring instruments with an approval by the DAkkS.

Due to the urgency of the matter, please reply by 08.02.2020.

Thank you very much!

UPDATE

BMVI answer

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