Key Benefits:
77. Federal Law, with which the Immission Protection Act-Air and the Bundesluftreinhaltegesetz are amended and the Federal Act on a Prohibition of the incineration of biogenic materials outside of annexes is repealed
The National Council has decided:
Article I
Amendment of the Immission Protection Act-Air
The Federal Law for the Protection against Immissions by Air Poles (Immission Protection Act-Air, IG-L), BGBl. I n ° 115/1997, as last amended by the Federal Law BGBl. I n ° 70/2007 and the Federal Ministries of the Federal Ministries of Law 2009, BGBl. I No 3, shall be amended as follows:
1. In the table of contents, the entry to § 3 " Immission limit values and specifications in relation to PM 2.5 " .
2. The following entries are inserted in the table of contents after the entry to § 3:
" § 3a. : Obligation in relation to the AEI
§ 3b. : National target for the reduction of the AEI "
3. In the table of contents the entry to § 9c "Environmental assessment and participation of the public" .
4. In the table of contents, the entry to § 10 "Arrangement of measures" .
5. In the table of contents, the entry to § 10a is replaced by the following entry:
" § 10a. : (omitted) "
6. In the table of contents, the entry to § 14 "Measures for motor vehicles" .
7. In the table of contents, after the entry to § 14 the following entry is inserted:
" § 14a. : Labelling of motor vehicles by exhaust gas category "
8. In the table of contents, the entry is 5. Section "Enforcement of measures" .
9. The following entries are inserted in the table of contents after the entry to § 19:
" 5a. Section: National target for the reduction of the AEI
§ 19. : Programme for the achievement of the national target for the reduction of the AEI "
10. In the table of contents, the following entry is inserted after the entry in section 21:
" § 21a. : Approval for IPPC Assets "
11. In the table of contents, after the entry to § 31 the following entry is inserted:
" § 31a. : Official Complaint "
12. In the table of contents the following entries are inserted after the entry to Appendix 1:
" Appendix 1a: Immission limits
Appendix 1b: Immission limit for PM 2.5 "
13. In the table of contents, the entry to Appendix 5a "Target value for nitrogen dioxide" .
14. The following entry shall be inserted in the table of contents after the entry to Appendix 5 (b):
" Appendix 5c: PM target value 2.5 "
15. In the table of contents, after the entry to Appendix 7 the following entry is inserted:
"Annex 8: Committed to the AEI"
16. In § 1 (1) Z 3, § 5 (2), § 22, § 24 and § 28, the expression "§ 3 (3)" by the expression "§ 3 (5)" replaced.
17. § 2 reads:
" § 2. (1) Air pollutants within the meaning of this Federal Law are substances which bring about changes in the natural composition of the air by particles, gases or aerosols.
(2) Emissions within the meaning of this Federal Act are air pollutants emitted from a source to the free atmosphere.
(3) Immissions within the meaning of this Federal Act are those relating to protected goods (para. 6) acting air pollutants.
(4) Immission limit values within the meaning of this Federal Law are, insofar as paragraph 5 does not specify otherwise, maximum permissible concentrations of immission concentrations that are subject to effect and in the case of which the relevant scientific findings do not contain any such limit values harmful effects are to be expected.
(5) Immission limit values for carcinogenic, mutagenic and teratogenic substances within the meaning of this Federal Law shall be maximum permissible concentrations of immission. Likewise, the immission limit value for PM 10 and PM 2.5 in each case a maximum permissible immission concentration.
(5a) PM 10 In the sense of this federal law, the particles which pass through a size-selecting air inlet, which has a separation efficiency of 50% for an aerodynamic diameter of 10 μm, are referred to as particles.
(5b) PM 2.5 In the sense of this federal law, the particles which pass through a size-selecting air inlet, which has a separation efficiency of 50% for an aerodynamic diameter of 2.5 μm, are referred to as particles.
(6) Protective goods are in accordance with the objectives of this Federal Act (§ 1) of man, animal and plant population, their communities, habitats and their interrelationships, as well as cultural and material goods.
(6a) Air is the ambient air in the troposphere, with the exception of workplaces within the meaning of Directive 89 /654/EEC on the minimum safety and health requirements for workplaces, OJ L 206, 22.7.1989, p. 1), as amended by Directive 2007 /30/EC OJ L 393, 30.4.2007, p. 21, which apply to health and safety provisions at work and to which the general public does not normally have access.
(7) The investigation area within the meaning of this federal law is the federal territory or that part of the federal territory for which a joint evaluation of the immission measurement data collected in accordance with this federal law takes place; provided that the measurement concept according to § 4 not otherwise determined, the investigation area is a federal state.
(8) In the sense of this Federal Law, the area of redevelopment shall be the federal territory or that part of the Federal territory in which the emission sources are located, which have made a significant contribution to the immission limit value overrun and for which the emission sources are located in a Programme pursuant to § 9a measures may be provided for.
(9) The period of assessment within the meaning of this Federal Act is the period required for a comprehensive description of the immission situation; this is to be determined separately according to air pollutants in the measurement concept in accordance with § 4 and shall be a Calendar year or winter or summer half-year, provided that, in one of the half-years, higher concentrations of an air pollutant occur. The winter half-year includes the months of October to March, the summer half-year from April to September.
(10) Facilities within the meaning of this Federal Law are
1. |
stationary installations which emit air pollutants, other than fixed railway installations and railway installations, in accordance with Section 10 of the Railway Act 1957, BGBl. No 60 in the version in force, unless it concerns heating systems in railway installations, |
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mobile technical equipment, machinery and equipment that emit air pollutants, insofar as they are not used as motor vehicles within the meaning of Article 2 (1) (1) (1) of the Motor Vehicles Act 1967 (KFG 1967), Federal Law Gazette (BGBl). No 267, as amended, to be used for the movement on public transport roads, with the exception of: |
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a) |
Rail vehicles in the sense of the Railway Act 1957, BGBl. No. 60, as amended, and aircraft within the meaning of Section 11 (1) of the Aviation Act, BGBl. No 253/1957, as amended, |
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b) |
Vehicles of agriculture and forestry in the exercise of a main agricultural or forestry activity; and |
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c) |
Vehicles within the meaning of § 2 Z 1 of the Maritime Law, BGBl. I n ° 62/1997, as amended, |
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3. |
Properties on which substances are stored or deposited or carried out, or other activities which cause emissions of air pollutants, other than transport routes. |
(11) Emission inventories within the meaning of this Federal Law shall be a geographically structured inventory of the extent of the emissions of all eligible issuers and issuer groups in a given area within a specified area. Time period is given.
(12) Heating systems within the meaning of this Federal Law are heating systems which are in accordance with Article 10 (1) Z 12 of the Federal Constitutional Law, in the version BGBl. No 685/1988, fall within the competence of the Länder.
(13) Tolerance margin within the meaning of this Federal Law refers to the extent to which the emission limit value may be exceeded within the time limits laid down in Appendix 1, without the creation of status surveys (§ 8) and programmes (§ 9a). Cause.
(14) The target value set out in Annex 5 or a Regulation in accordance with Article 3 (5) shall be the concentration of immission to be achieved in a given period of time, which shall be determined with the aim of the adverse effects on human health and to avoid, prevent, or reduce the environment as a whole.
(15) The expression arsenic, cadmium, nickel and benzo (a) pyrene in the sense of this federal law shall mean the total content of these elements and compounds in the PM 10 -Group.
(16) Polycyclic aromatic hydrocarbons within the meaning of this Federal Law are organic compounds composed of at least two aromatic rings connected to each other, consisting exclusively of carbon and hydrogen exist.
(17) Mercury within the meaning of this Federal Law is elemental mercury vapour (Hg 0 ) and reactive gaseous mercury.
(18) Alert value within the meaning of this Federal Act is a value in the case of which a risk to the health of the population as a whole exists in the event of short-term exposure, and measures must be taken immediately.
(19) The AEI (average exposure indicator) is an average value for the exposure of the population by PM, based on measurements at measurement points for urban background. 2.5 . It is calculated as the same annual average of the concentration for three calendar years.
(20) The AEI 2011 is the AEI calculated over the calendar years 2009, 2010 and 2011.
(21) The AEI 2015 is the AEI calculated over the calendar years 2013, 2014 and 2015.
(22) The AEI 2020 is the AEI calculated over the calendar years 2018, 2019 and 2020.
(23) A commitment to the AEI is a level that the AEI must achieve in 2015.
(24) Measuring points for the urban background within the meaning of this federal law are locations in urban areas of the federal territory where the measured values are representative of the exposure of the general urban population. "
18. § 3 together with headline reads:
" Immission limit values and specifications in relation to PM 2.5
§ 3. (1) In the entire territory of the Federal Republic of Germany, the emission limit values laid down in Annexes 1 and 2 to the relevant scientific findings in Annexes 1 and 2 shall apply to the permanent protection of human health.
(2) For the air pollutants sulphur dioxide and nitrogen dioxide, the alarm values laid down in Appendix 4 shall apply throughout the Federal Republic of Germany.
(3) For nitrogen dioxide and PM 2.5 in addition to the target values laid down in Annexes 5a and 5c, for arsenic, cadmium, nickel and benzo (a) pyrene, the target values laid down in Appendix 5b shall apply in addition throughout the territory of the Federal Republic of Germany.
(4) For PM 2.5 shall apply in addition to the obligation laid down in § 3a concerning the AEI and the national target for the reduction of the AEI, as laid down in § 3b.
(5) The Federal Minister for Agriculture, Forestry, the Environment and Water Management may, with a view to the national implementation of European Union directives, and taking into account the relevant scientific findings with a regulation set:
1. |
Emission limit values (§ 2 (4) and (5)) for such air pollutants which are likely to endanger another property (Article 2 (6)) as the one referred to in paragraph 1 or to harass people unconsciably; |
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2. |
the permanent protection of human health in the case of air pollutants not listed in Annexes 1 and 2. |
(6) A Regulation in accordance with paragraph 5 may only be adopted in agreement with the Federal Minister for Economic Affairs, Family and Youth, if they are limit values for air pollutants,
1. |
for which neither a daughter directive of Directive 96 /62/EC on the assessment and control of ambient air quality, OJ L 96, 30.4.1996, p. No. 55., and Directive 2008 /50/EC, which lays down a limit value, |
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2. |
or in respect of which a limit value is laid down in a daughter directive of Directive 96 /62/EC or Directive 2008 /50/EC and a lower limit value is laid down in the Regulation than in the other Member States of the European Union. " |
19. According to § 3, the following § § 3a and 3b together with the headings are inserted:
" Obligation in relation to the AEI
§ 3a. (1) The provincial authorities in the province of which a measuring point for measuring the AEI is located, the average measurement value at this measuring point being at most 20 µ g/m³ in the period during which the expulsion of an excess has been carried out in accordance with Article 7 (2). , ensure that this value is not exceeded at this measuring point in the period 2013 to 2015.
(2) The national main men in whose province a measuring point for measuring the AEI is located and whose average measurement value is to be reduced to 20 µ g/m³ in accordance with Annex 8 (3c) 3c shall ensure that this value at this measuring point in the period 2013 to 2015 will not be exceeded.
(3) The provincial authorities in whose province a measuring point for measuring the AEI is located and whose average measured value according to Annex 8 (3a) is to be reduced by a certain percentage shall ensure that the percentage of the AEI is reduced by that percentage. is not exceeded at this measuring point in the period 2013 to 2015.
National target for the reduction of the AEI
§ 3b. The national target for the reduction of the AEI is the objective of the AEI 2020, compared to the AEI in 2011, by a percentage that is set out in Annex XIV to Directive 2008 /50/EC on ambient air quality and cleaner air for Europe, OJ L 206, 22.7.2008, p. No. OJ L 152 of 11 June 2008, p. 1, which is the objective of reducing. The aim is to reduce harmful effects on human health and should be achieved as far as possible within the specified time period. "
Article 4 (1) reads as follows:
" (1) The Federal Minister for Agriculture, Forestry, the Environment and Water Management, after hearing the State Governor, has, within six months of the entry into force of this Federal Law, a measurement concept for the control of compliance with the Regulation. the emission limit and target values laid down in Annexes 1, 2 and 5, the fulfilment of the AEI commitment in accordance with § 3a and the achievement of the national target for the reduction of the AEI in accordance with § 3b, including the determination of the requirements for the assessment of air quality, the criteria for the situation and the The number of measuring points, the assessment of the background load and the temporal development of the immission situation (trend estimation) as well as the estimation of the import-export share (measurements under the Geneva Convention on the Long-Range Surveys) transboundary air pollution), in accordance with Annexes I to VI to Directive 2008 /50/EC. The measurement concept shall be adopted within six months of the entry into force of the Regulation for limit values laid down in a Regulation as defined in Article 3 (5). "
21. In Section 4 (2), the following Z 4a shall be inserted after Z 4:
" 4a. |
Information on the measurement points for the urban background (§ 2 para. 24); " |
Section 5 (1) reads as follows:
" (1) The provincial authorities shall set up and operate the measuring points. They have, among other things, served at the locations Sonnblick (Salzburg), Zöbelboden (Upper Austria), Illmitz (Burgenland) and Vorhegg (Carinthia) of the measuring points of the Federal Environment Agency. "
23. § 7 reads:
" § 7. (1) Where an immission limit, immission or alarm value established in Annexes 1, 2, 4 or 5 or in a regulation pursuant to § 3 (5) is established on a measuring point operated in accordance with § 5, the Country captain this overshoot in the monthly report, if it is a half-hourly average, an average over eight hours or a daily average value, or in the annual report (§ 4 paragraph 2 Z 8 lit. (c) to designate, in so far as it is a half-yearly average, an annual average value or a value with annual exceedance possibilities, and to determine whether the exceedance of the immission limit or of the immission target value referred to in Annex 5b or 5c
1. |
a malfunction, |
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2. |
another increased immission, which is not recurrent in the foreseeable future, |
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3. |
the whirling of particles after spreading streusand, salt or splint on roads in the winter service; or |
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4. |
Emissions from natural sources |
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is due to. |
(2) The Federal Minister for Agriculture, Forestry, the Environment and Water Management has exceeded the obligation for the AEI over the periods laid down in Annex 8, in each case in the year following the last year of the period. . When the excess is expelled, Appendix 6 shall apply mutatily.
(3) The Federal Minister for Agriculture, Forestry, the Environment and Water Management has a regulation concerning the criteria for the assessment of whether the exceedance to the whirling of particles after the spreading of stray land, stray salt or Fragmentation is the result of the adoption of the Directive. If the assessment shows that the exceedances are due to particles whirled up, the governor has to submit the evidence on which the assessment is based; furthermore, he has the appropriateness of the measures taken. . The Federal Minister for Agriculture, Forestry, the Environment and Water Management has sent this information to the European Commission. "
§ 8 reads:
" § 8. (1) The Landeshauptmann shall, within nine months from the expulsion of the excess of an immission limit or immission target value in accordance with Appendix 5b or 5c, establish a status survey in accordance with paragraph 2 if:
1. |
the exceeding of an immission limit or an immission value as defined in Annex 5b or 5c, as set out in Annexes 1 and 2 or in a Regulation pursuant to Article 3 (5), shall be established on a measuring point operated in accordance with Section 5; and |
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2. |
does not exceed the limit |
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a) |
a fault (Section 7 (1) (1)), |
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b) |
another increased immission, which is not recurrent in the foreseeable future (Section 7 (1) (2)), |
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c) |
the whirling of particles after the spreading of streusand, scattering salt or splint on roads in winter service (§ 7 para. 1 Z 3) or |
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d) |
Emissions from natural sources (§ 7 (1) (4)) |
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is due to. |
(1a) The provincial governor of a federal state in which a measuring point is located for the AEI in accordance with the regulation on the measurement concept (§ 4) has within nine months after expulsion of the breach of the obligation with respect to the AEI according to § § 4. 7 (2) to compile a status survey.
(2) The status survey shall be drawn up for the assessment period (section 2 (9)), in which the excess of the immission limit or the immission target value according to Appendix 5b or 5c or the AEI has occurred, and in any case has to contain:
1. |
the presentation of the immission situation for the assessment period, |
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the description of the meteorological situation, |
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the identification and description of the relevant issuers or groups of issuers who have made a significant contribution to the immission burden and an assessment of their emissions, |
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4. |
the identification of the anticipated redevelopment area (section 2 (8)) and |
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5. |
Information in accordance with Annex XV, Section A, Z 1 to 6 of Directive 2008 /50/EC. |
(3) The provincial governor has for each of them in annexes 1 and 2 or in a regulation pursuant to Article 3 (5) of the Regulation, to draw up its own status survey. Exceeding of an immission limit value for the same air pollutant at two or more measuring points can be summarised in a status survey. Exceeding of an immission limit value and an immission value according to Appendix 5b for the same air pollutant at two or more measuring points or for different air pollutants may be combined in a status survey if it is in the same assessment period. In the case of exceedances of immission values in accordance with Annex 5b, the status survey shall, by way of derogation from paragraph 1, be first on 1. January 2011, provided that exceedances have been reported in the annual report for the year 2007. For the pollutants PM 10 and PM 2.5 A common status survey can be created.
(3a) A status survey indicates that the immissions have been caused, at least to a significant extent, by emissions in another federal state, the provincial governor of the federal state in which the excess has taken place, has the To inform the governor of the responsible federal state, if possible, during the preparation of the status survey, but at the latest without delay after completion of the survey. On the basis of the status survey of the federal state concerned, if this is not sufficient, it must draw up a programme in accordance with § 9a after drawing up its own status survey, and take the necessary measures.
(4) If it is foreseeable that the redevelopment area extends over two or more countries, the national main men of the countries concerned shall draw up a common status survey.
(5) The Landeshauptmann shall immediately inform the Federal Ministers in their sphere of action and the legally established representations of interest at the country level to bring the status survey to the attention of the State. Within a period of six weeks, the above-mentioned authorities and interest groups may submit a written statement to the Governor of the State.
(6) The status survey is in the municipalities that are within the anticipated remediation area (paragraph 1). 2 Z 4) are to be placed for public consultation. Any person may submit a written statement to the regional governor within a period of six weeks.
(7) The drawing up of a status survey may be maintained where the air pollutant concerned is
1. |
a status survey has already been drawn up, |
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the emission situation has not changed significantly, |
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the exceeding of the immission limit value or the immission value according to Appendix 5b or 5c at a measuring point within the determined (par. 2 Z 4) or designated remediation area (Section 9a (1)) and |
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4. |
the immission situation in this area has not deteriorated significantly. |
(8) If the measurement concept according to § 4 for an air pollutant only has an examination area (§ 2 para. 7), the status survey is to be drawn up by the Federal Minister for Agriculture, Forestry, Environment and Water Management.
(9) If the emissions target values are exceeded in accordance with a regulation in accordance with § 3 (5), the Governor of the State of the State may draw up a status survey. "
25. In Article 9 (3), after the first second sentence, the following shall be inserted:
"In addition, it can access data that exist in the case of companies and institutions that have been carried out with regulatory tasks on the basis of the surveys provided for by law."
26. § 9a reads:
" § 9a. (1) In order to achieve the objectives of this Federal Act (§ 1), the Governor of the State of the State (Landeshauptmann) shall have access to national programmes in accordance with § 6 of the German Emissions Trading Act (ETS), Federal Law Gazette (BGBl). I n ° 34/2003, plans and programmes pursuant to Section 13 of the Ozone Act, BGBl. No. 210/1992 and the Austrian Climate Strategy pursuant to § 1 (2) of the Emissions Trading Act, Federal Law Gazette (BGBl). I n ° 46/2004, and with the use of synergy effects with local, regional and national energy and climate protection measures
1. |
on the basis of the status survey (§ 8) and an emission inventor, if any (§ 9), |
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having regard to the opinions referred to in Article 8 (5) and (6), |
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Taking into account the principles set out in § 9b, |
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by using the dates for compliance with the limit and target values laid down in Directive 2008 /50/EC, and |
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5. |
on the basis of the programme for the achievement of the national target for the reduction of the AEI in accordance with § 19 |
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create a program. It shall specify the measures to be taken to ensure that the emissions to be exceeded in accordance with Annex 1 or 2 or the immission value in accordance with Annex 5b or 5c, of a Regulation pursuant to Section 3 (5) or of the AEI, are exceeded. in order to reduce to an extent that compliance with the following limit values and as far as possible compliance with the following target values, |
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the daily average value for PM10 in accordance with Appendix 1a, with no more than 35 exceedances per year, |
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the annual mean value of nitrogen dioxide, increased by 10 µ g/m3, in accordance with Appendix 1a, |
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the annual average value for PM10 in accordance with Annex 1a, |
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the annual average value for PM2.5 according to Appendix 1b, |
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an immission limit laid down in a regulation in accordance with Article 3 (5); |
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the half-hourly average value for sulphur dioxide referred to in Appendix 1a, |
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the average daily value of sulphur dioxide as set out in Appendix 1a, |
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the half-hourly average value for nitrogen dioxide in accordance with Annex 1a, |
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the limit value for lead in PM10 in accordance with Appendix 1a, |
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a limit value according to Appendix 5b or |
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of a target value in accordance with Annexes 5b and 5c |
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, or in the case of section 8 (1a), the obligation to comply with the AEI shall be complied with. If the AEI is exceeded, the Landeshauptmann shall set out the measures contained in the programme in accordance with § 19. In the programme, the governor of the country has to determine the sanctioning area (§ 2 para. 8). A draft of the programme shall be published on the country's Internet site at the latest 18 months after the end of the year in which an immission limit has been exceeded. If the draft provides for, measures under the 4. To prescribe a section with a Regulation in accordance with § 10, the draft of this Regulation shall be published on the country's website together with the draft programme. Anyone can comment on the draft of the programme within six weeks. The Federal Ministers, who are in contact with each other in their sphere of action, as well as the legally established representations of interests, must be informed of the publication of the draft and the possibility of their opinion. The opinions shall be taken into account in an appropriate manner in the preparation of the programme. |
(2) The calculation of the contribution to the compliance of the AEI in the programmes of the country's main men, in the province of which a measuring point for the measurement of the AEI is located, shall be carried out in accordance with Appendix 8.
(3) The programme may in particular include the following measures:
1. |
the measures referred to in Section 4; |
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2. |
Measures in the field of public procurement, |
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3. |
Support measures in the area of installations, households and transport for low-emission technologies and behaviour, which reduce emissions, |
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4. |
Measures relating to the operation of mobile engines, |
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5. |
Measures to optimise the winter service and |
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6. |
other measures within the competence of the Federal Government. |
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The programme shall specify the area in which it applies to each measure and a deadline for transposition. The programme shall include information in accordance with Annex XV, Z 7 to 9 of Directive 2008 /50/EC. The programme shall justify the selection of the measures laid down. In addition, an annex to the programme refers to measures taken in the autonomous sphere of action of the countries and municipalities to reduce the emissions of those pollutants for which the programme is drawn up. |
(4) Where more than one of those in Appendix 1 and 2 or in a Regulation referred to in Article 3 (5), the Landeshauptmann may draw up an integrated programme for all the pollutants concerned. This shall apply mutatily to the programmes referred to in paragraph 2. 10 also have to focus on the reduction of PM 2.5 -Concentration.
(5) In cases where the limit value of the same pollutant has been exceeded in several Länder, the country's main men shall cooperate with those countries in whose territory the emissions which have been exceeded shall be the decisive factors in the exceedance of the Limit values have contributed to the creation of a joint programme which ensures compliance with the limit values.
(5a) If a limit value in one federal state is to be attributed to emissions from another federal state, it shall be in cooperation with the country captain in whose territory the immission limit value has been exceeded, as also to the Governor of the State of whose territory a significant part of the emissions comes from, to establish a common cross-cutting programme ensuring compliance with the limit values.
(6) The programme shall be evaluated every three years, in particular as regards its effectiveness in attaining the objectives of this Federal Law and, if necessary, to revise it.
(7) If the status survey is drawn up in accordance with Section 8 (8) of the Federal Minister for Agriculture, Forestry, Environment and Water Management, the Federal Minister for Agriculture, Forestry, Environment and Water Management also has to prepare the programme.
(8) The programme shall be no later than 24 months after the end of the year in which the exceeding of the limit or target value was measured or the AEI was exceeded by the Federal Minister for Agriculture, Forestry, the Environment and Water Management, On the website of the country and on the website of the Federal Ministry for Agriculture, Forestry, Environment and Water Management. The provincial governor or The Federal Minister for Agriculture, Forestry, the Environment and Water Management, in the cases referred to in paragraph 7, has to draw up the information on the programme in accordance with the provisions of Directive 2008 /50/EC. This information is to be transmitted to the European Commission by the Federal Minister for Agriculture, Forestry, the Environment and Water Management, in accordance with the provisions of Directive 2008 /50/EC.
(9) For cross-border crossing points which are before 1. § 8 as well as the § § 10 to 16 of this Federal Act in the version of the Federal Law BGBl (Federal Law Gazette) are still valid. I No 34/2003.
(10) If the value of an air pollutant exceeds the limit or target value according to Appendix 1, 2, 5b or 5c or of a regulation pursuant to § 3 (5) or the alarm value according to Appendix 4 as a result of emissions in another Member State of the European Union or if there is a risk of such a breach, the Federal Minister for Agriculture, Forestry, the Environment and Water Management has to initiate consultations with the competent authorities of the other Member State with the aim of dealing with the problem fix. If the status survey shows that the exceedance of a limit or target value has been caused exclusively by emissions abroad, there is no need to draw up a programme in accordance with paragraphs 1 and 4. "
27. In § 9b Z 4, the word sequence shall be deleted "they are disproportionate, especially if" .
28. In § 9c (7) the expression "§ 9a (5)" by the expression "§ 9a (6)" replaced.
§ 10 reads:
" § 10. (1) Measures in accordance with § § 13 to 16 shall be based on the programme in accordance with § 9a of the Landeshauptmann or Federal Minister for Agriculture, Forestry, Environment and Water Management, provided that this is competent pursuant to Section 9a (7), at the latest 24 months after Order of the year in which the crossing of the limit value was determined or the AEI was expelled by the Federal Minister for Agriculture, Forestry, Environment and Water Management to be ordered with a Regulation. The Regulation shall specify the sanctioning area in which the measure applies. It is also necessary to indicate whether the measures are acting directly or are to be ordered by the authority (§ 17). Measures beyond the programme may also be arranged, provided that they do not conflict with the content of the programme and do not interfere disproportionately with existing rights.
(2) For target values in accordance with Annex 5b and 5c, paragraph 1 shall apply mutatily.
(3) When the Regulation is adopted, the principles set out in Section 9b shall be taken into account.
(4) If an evaluation of a programme in accordance with Section 9a (6) leads to a not only insignificant revision of the programme, amended measures are to be arranged in accordance with paragraph 1 of this Regulation if necessary. "
30. § 10a deleted.
31. § 13 reads:
" § 13. (1) The following measures may be arranged for installations or plant categories in accordance with Article 2 (10):
1. |
Limitation of the emission of air pollutants according to the state of the art in force at the date of entry into force of the orders in accordance with § 10 (Article 2 (8) (1) AWG 2002), except in the case of installations which within five years prior to the entry into force of the Arrangements according to § 10 have been approved or refurbted according to the state of the air pollution control technology; |
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2. |
other emission reduction measures, in particular: |
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a) |
the use of low-emission fuels, substances, preparations and products, provided that the supply of such fuels is ensured and that the installation is suitable for the use thereof and that the use does not result in a higher burden on the workers or on the use of increased greenhouse gas emissions, |
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b) |
the drawing up of immission protection plans; |
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c) |
the pre-writing of a maximum mass flow, and |
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d) |
Restrictions or prohibitions on the use of mobile technical equipment, machinery and equipment referred to in paragraph 3 with high specific emissions. |
(2) (1) (1) and (2) (2). c are for installations which are subject to the provisions of a law or regulation, in particular in accordance with § 82 of the Commercial Code of 1994, BGBl. No. 194, § 181 Mineral raw materials act, BGBl. I n ° 38/1999, § 4 of the German Emissions Protection Act (BGBl). I No 150/2004, § 65 Waste Management Act 2002, BGBl. I n ° 102 or in a communication according to § § 79 ff Gewerbeordnung 1994, § 179 Mineralrohstoffgesetz or § 23 Emissions Protection Act for boiler plants correspond to the state of the air pollution control technology or which is a legal Obligation to comply with the state-of-the-art, not to be applied.
(2a) Paragraph 2 does not apply to installations for which the state of the art is laid down in a federal law or a regulation which, at the time of the arrangement of a measure pursuant to § 10, is longer than ten years ago, the event of the state of the art is to be found to be essential Changes in the state of the art have been made and, in so far as these plants have not been fully adapted in the last 10 years to the current and changed state of the art at the time of the refurbishment or approval of the plant, or after such a modification have been approved.
(2b) The measures referred to in paragraph 1 shall not endanger the proper operation of the flight at airports where there is a duty to operate.
(3) The Federal Minister for Agriculture, Forestry, the Environment and Water Management, in agreement with the Federal Minister for Economic Affairs, Family and Youth, has set out regulations for the temporal and spatial use and operation of to arrange for mobile technical equipment, machinery and equipment of more than 18 kW in remediation areas which before and after the transposition of Directive 97 /68/EC on the approximation of the laws of the Member States relating to measures to be taken against the emission of gaseous pollutants and particulate pollutants from Internal combustion engines for mobile machinery, OJ L 327, 30.4.2004 No. 1., as amended by Directive 2004 /26/EC OJ L 327, 28.11.2004, p. No. OJ L 146, 30.4.2004, p.1, corrected by OJ L 327, 28.04.2004, p No. OJ L 225 of 25 June 2004, p. 3. With the entry into force of this Regulation, previous provisions of the country's main men shall override mobile technical equipment, machinery and equipment adopted on the basis of paragraph 1. "
32. In § 13a (1), before the word order "to be informed" the word "if necessary" inserted.
33. § 14 together with the headline is:
" Measures for motor vehicles
§ 14. (1) For motor vehicles within the meaning of Article 2 (1) (1) of the KFG 1967, BGBl. No 267, or for certain categories of motor vehicles, speed limits and time and space restrictions may be imposed on traffic. If such restrictions concern motorways or expressways, the Federal Minister of Transport, Innovation and Technology is to be given the opportunity to comment. These restrictions on motorways or expressways can be arranged for up to three months. In addition, the agreement with the Federal Minister for Transport, Innovation and Technology is to be established, with the exception of the regulations referred to in paragraph 6a. Time and space restrictions apply, in particular, to permanent or temporary
1. |
prohibitions on certain categories of motor vehicles and motor vehicles with certain classes of exhaust gas, |
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2. |
prohibitions on motor vehicles with certain cargoes, |
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3. |
Driving bans for certain days or certain times of the day, |
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4. |
Arrangements for the resting traffic. |
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Flexible systems, such as immission-dependent, can be used for the arrangement of speed limits for the duration of increased inclination to limit values and for the optimized use of temporary speed limits. Traffic control systems are used. |
(2) Time and space restrictions shall not apply to:
1. |
§ § 26, 26a (1) and (4) and 27 of the StVO 1960, Federal Law Gazette (BGBl). No. 159, vehicles used in the public service, road service vehicles, rail maintenance, water and energy supply, canal maintenance and refuse collection, as well as vehicles in use in the event of a disaster and vehicles the fire brigade, the ambulance and ambulance service in the performance of their service, |
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2. |
Vehicles of agriculture and forestry in the exercise of a main agricultural or forestry activity, |
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3. |
Vehicles for which there is a overriding public interest to be tested on a case-by-case basis in the sanctioning area and which are identified in accordance with a regulation according to paragraph 4, unless in a regulation pursuant to § 10 for the use of the road in question, after weighing up the interests, will exclude the granting of exemptions for certain categories of motor vehicles on account of their substantial emissions contribution; |
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4. |
Vehicles of categories N1 and N2, which are used in the transport of work pursuant to § 10 of the German Law on Goods for Goods 1995, BGBl. No. 593 in the version of the Federal Law BGBl. I n ° 153/2006, in the redevelopment area by operators whose lorry fleet comprises a maximum of 4 lorries, and which are identified in accordance with a regulation as referred to in paragraph 4, with the fulfilment of these criteria on a case-by-case basis is to be examined, |
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5. |
Vehicles with a monovalent methane gas drive or exclusively electric drive and plug-in-hybrid-electric vehicles which have a minimum range of 50 km with only electric drive, |
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6. |
the following vehicles, provided that they correspond to Euroclasses 5, 6 or higher: |
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a) |
vehicles of doctors, veterinarians, funeral services in the performance of their service, |
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b) |
Motor vehicles used for the carriage of passengers in road transport, occasional or transport services, |
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c) |
Motor vehicles, insofar as they are used for the purpose of carrying out an activity in the exercise of an entrepreneurial activity, and where the point of departure or destination of their journeys is situated in that part of the redevelopment area, for the purposes of transport restrictions , |
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d) |
vehicles of the forward and follow-up in combined transport, if the loading station for combined transport is situated in a sanctioning area, |
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7. |
Vehicles which are required to maintain proper operation at airports for which duty is to be carried out, |
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8. |
Vehicles steered or used as co-drivers by holders of a badges according to § 29b StVO 1960. |
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Speed restrictions shall not apply to emergency vehicles in accordance with Article 2 (1) Z 25 StVO 1960 and vehicles of the public security service in the case of journeys necessary for the proper performance of the service. |
(2a) The exceptions provided for in paragraph 2 (6) of this Regulation shall apply to vehicles of category N and buses by 1 August 2011 also for Euroclasses 3 and 4, until 31 December 2015 also for Euroclass 4.
(3) If there is an overriding public interest within the meaning of paragraph 2 (3) or whether the criteria of paragraph 2 (4) are available, the district administrative authority shall examine at the request of the approval holder. The district administration authority is responsible for the first-time entry into the redevelopment area. If the first-time journey is to be carried out within the redevelopment area, the district managing authority shall be responsible for the journey in which the journey is to be carried out or the main residence or establishment of the authorisation holder is located. The applicant in accordance with paragraph 2 (3) has to make it credible that the journey cannot be avoided by means of organisational measures or by the choice of another transport means. In the event of these conditions, the motor vehicle shall be marked against replacement of the cost of production in accordance with paragraph 4. The derogation shall be granted by the Authority for a period not exceeding 36 months from the date of grant of the exemption for vehicles referred to in paragraph 2 (3). For vehicles referred to in paragraph 2 (4), the exemption for Euro-class vehicles shall be granted for 0 to 36 months after the entry into force of this Federal Act and for vehicles of Euroclass 1 and above for 36 months, respectively, from the date of grant of the exemption. If the presence of an interest is found only for a certain part of the sanctioning area, the derogation shall be limited to that part of the redevelopment area. If the managing authority finds that there is no such interest or that the criteria set out in paragraph 2 (4) are not complied with, the rejection of the application shall be the subject of a decision.
(4) The Federal Minister for Agriculture, Forestry, the Environment and Water Management shall lay down detailed provisions on the marking of motor vehicles within the meaning of paragraph 2 (2) (3) and (4) of the Regulation, in particular the nature and the nature of the vehicle. The appearance of the marking and its attachment to the vehicle must be regulated .
(5) The authorities and the Federal Police shall provide assistance to the authorities and bodies responsible for the enforcement of the measures referred to in paragraph 1 above, in the context of their legal action, and shall assist in the monitoring of the To comply with these measures in accordance with § 97 StVO 1960.
(6) As far as possible, arrangements as referred to in paragraph 1 shall be made known by road signs in accordance with Article 52 of the StVO 1960; the characters shall be marked with a supplementary panel containing the text "Air Immission Control" or "IG-L" on the market. § 44 (1), (1a), (2) and (4) as well as § § 48, 51 and 54 of the StVO 1960 shall apply mutaly to the demonstration, lineup and nature of the signs, with the proviso that when a flexible system is used, such as a traffic control system, the Additional board can also be attached elsewhere in the advertisement cross-section, if necessary in combination with a sign according to § 50 Z 16 StVO 1960. The respective road holder shall ensure that the customer is present. Orders in accordance with paragraph 1, which are valid for a particular area and which can only be made known by road signs in accordance with § 52 StVO 1960, can be made known in the national law Gazet.1 The content of these arrangements shall be made available to everyone on the country's Internet site. Orders of the Federal Minister for Agriculture, Forestry, Environment and Water Management, which apply throughout the Federal Republic of Germany, can be made known by the Federal Law Gazans. The contents of these arrangements can be made available to everyone on the website of the Federal Ministry of Agriculture, Forestry, Environment and Water Management. In any case, the content of such arrangements, which are made available exclusively in the country or federal law sheet, is to be made sufficiently aware by means of signs.
(6a) The Governor of the State may, in respect of certain sections of the road network (motorways and expressways) already equipped with a traffic control system in accordance with Article 44 (1a) of the StVO 1960, in the case of certain sections of the road network, be expected to be To determine the exceeding of limit values in accordance with Appendix 1 and 2 or of a regulation pursuant to § 3 (5) by regulation of speed limits, which are due to the local, topographical, meteorological and airborne pollutant relevant conditions are necessary to maintain the limit values; in In this case, the costs of adapting the traffic control system and additional operating costs are to be replaced by the federal government (federal road administration). The Governor of the State may also adopt such a regulation for sections of the road network which are not equipped with a traffic control system in accordance with Article 44 (1a) of the StVO 1960; this is the case for the erection and maintenance of the road network. To divide the operating costs of the traffic control system between the federal government (federal highway administration) and the country in accordance with the expected use of the traffic control system.
(6b) In the Regulation referred to in paragraph 6a, the following shall be determined:
1. |
the route section on which the speed limits should apply, |
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2. |
the level of speed limits to be applied in the event of any crossing of the limit value to be expected; and |
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3. |
the parameters for the in-and out-of-force transmission of speed limits. |
(6c) The proclamation of regulations in accordance with paragraph 6a is carried out by means of a traffic control system (§ 44 para. 1a StVO 1960). The local and temporal scope of the speed limits prescribed by the Authority shall be determined by indicating the road signs in question, with the effect as to whether the local and temporal scope of the road traffic signs is determined by the Authority. had been determined.
(6d) The Federal Minister for Agriculture, Forestry, the Environment and Water Management, in agreement with the Federal Minister for Transport, Innovation and Technology, has laid down, by means of a regulation, the general criteria on the basis of which the Governor, the parameters according to paragraph 6b Z 3 are arranged.
(7) The institutions of the supervision of the road shall be entitled to prevent persons who are in breach of time and space restrictions from steering and the putting into service of the vehicle. To this end, coercive measures, such as the acceptance of the vehicle keys, the blocking or the setting of the vehicle, the application of technical barriers, the acceptance of the driving licence and the like, shall be applied if necessary.
(8) Die in den § § 98a, 98b, 98e StVO 1960, BGBl. No. 159 in the version of the Federal Law BGBl. No 93/2009, as well as in Section 134 (3b) and (4a) of the KFG 1967, BGBl. No. 267 in the version of the Federal Law BGBl. I No 149/2009, provisions and technical facilities for traffic monitoring may also be used to monitor speed limits and time and space restrictions on traffic in accordance with the provisions of this Federal Law shall be used. "
34. In accordance with § 14, the following § 14a and title shall be inserted:
" Labelling of motor vehicles by exhaust gas classes
§ 14a. (1) In motor vehicles which, by virtue of their classification into an exhaust class, are exempted from any restrictions and driving bans in accordance with Article 14 or which may be exempted, an externally recognisable marking shall be affixed, from which: it can be seen in which exhaust gas class the respective vehicle falls. In the case of a vehicle with a windscreen on the inside of the windscreen, the labelling shall be permanently and easily legible on the inside of the windscreen in the form of a sticker, in the case of vehicles without a windscreen, in the immediate vicinity of the Peer review chain. An identification of the vehicle must be possible from the exhaust-gas class identification.
(2) The labelling of exhaust gas classes shall be affixed by the producer of the vehicle or his domestic authorised representative in accordance with Article 29 (2) of the KFG in 1967 to the placing on the market of new vehicles or to be affixed by bodies authorised in accordance with Section 57a KFG in 1967; or if appropriate evidence is provided, in which exhaust class the vehicle falls. Where it cannot be clearly established which exhaust gas class the vehicle is falling within, the labelling for the lower class shall be awarded or, if it is not clear whether the vehicle is in any case falling into an exhaust-gas class, the compliance with or the affixing of the class shall be given. Identification of failure.
(3) In order to produce the exhaust-gas class markings, the manufacturers entitled to manufacture inspection chains according to § 57a par. 7 KFG 1967 are authorized to manufacture the exhaust-gas-class markings. On the basis of the information made available to them, manufacturers of exhaust-gas class labelling shall ensure the correct classification of a motor vehicle in the relevant exhaust-gas class and this classification shall be considered to be the same as that for the exhaust-gas class. Compliance and affixing of authorized bodies shall be made available in a suitable manner. The exhaust-gas class markings may only be supplied to the bodies authorized to follow and affix them in accordance with paragraph 2.
(4) The Federal Minister for Agriculture, Forestry, the Environment and Water Management has, by means of a Regulation, set out the more detailed provisions, in particular:
1. |
The appearance, dimensions and characteristics of the material of the markings for each class of exhaust gases, |
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2. |
the type of identification of the vehicle (assignment of the identification to a particular vehicle), |
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3. |
the price of the markings and |
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4. |
Location on the vehicle. " |
35. In § 15, after the word order "Assets according to § 2 para. 10 Z 3" the word "and" inserted.
36. § 15a reads:
" § 15a. Exceptions to the ban on the burning of materials outside of plants according to the Bundesluftreinhaltegesetz, BGBl. I n ° 77/2010, may be restricted or repealed, provided that the exceptions do not affect the burning of pest-infested biogenic materials. "
37. § 16 reads:
" § 16. (1) In the case of exceedances of the annual mean value for nitrogen dioxide according to Appendix 1a by more than 10 µ g/m 3 or at more than 35 exceedances of the daily average for PM 10 according to Appendix 1a and if it is to be expected that, in spite of the arrangement and implementation of measures pursuant to § § 13 to 15 in the version of this Federal Law BGBl. I n ° 77/2010 other exceedances of the annual mean value for nitrogen dioxide according to Appendix 1a by more than 10 µ g/m 3 or more than 35 exceedances of the daily average value for PM 10 shall be arranged in accordance with the principles laid down in Section 9b of Annex 1a. The following measures shall be taken into consideration, inter alia:
1. |
To lay down lower emission limit values and/or lower mass flows than those laid down in the administrative provisions to be applied or to administrative arrangements based thereon. Such arrangements shall be technically feasible and proportionate; |
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2. |
Determination of emission limit values and mass flows for air pollutants, the emissions of which are not limited in accordance with the applicable administrative provisions; |
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3. |
Restrictions or prohibitions on the use of certain fuels or means of production with particularly high specific emissions, provided that the supply of fuels or means of production with low specific emissions is ensured, and the use is possible in terms of process technology and does not lead to a higher burden on the workers; |
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4. |
the time and space restrictions for motor vehicles, except for the vehicles referred to in paragraph 2; and |
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5. |
Prohibitions on substances, preparations and products, insofar as they do not affect the safety and health of workers. |
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Under the same conditions as in the case of exceedances of the annual mean value for nitrogen dioxide according to Appendix 1a by more than 10 µ g/m 3 or at more than 35 exceedances of the daily average for PM 10 in accordance with Annex 1a, if the other immission limit or limit values contained in Appendix 1, 2 and 5 as well as a Regulation are exceeded in accordance with Article 3 (5), -target values by more than 50% in more than one assessment period, in addition to the measures provided for in § § 13 to 15, to order the measures provided for in Z 1 to 5. |
(2) The vehicles referred to in § 14 (2) (1) and (5) as well as vehicles which are not subject to a driving ban pursuant to paragraph 1 (1) (4) of this Article
1. |
Entrepreneurial supply with perishable goods serving to meet the necessary needs of daily life, |
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2. |
the unstoppable agricultural activity for a secure food production; or |
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3. |
the provision of mobile aid services |
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are used. Other exceptions may be laid down by the regional governor if necessary. |
(3) For the purpose of the proclamation of measures pursuant to Section 1 (1) (4), Section 14 (6) shall apply. "
38. According to § 18, the following 5a. Section with headline inserted:
" 5a. Section
National target for the reduction of the AEI
Programme for the achievement of the national target for the reduction of the AEI
§ 19. (1) The Federal Government has a programme for the progressive reduction of national emissions of PM 2.5 until 31 December 2013 in such a way that the national target for the reduction of the AEI is achieved within the meaning of § 3b. This programme shall, in particular, include measures which contribute to the obligation to comply with the AEI in accordance with Section 3a. This programme shall lay down all the necessary measures which do not entail disproportionate costs. The Federal Minister for Agriculture, Forestry, the Environment and Water Management is conducting the coordination process.
(2) The Federal Government shall, no later than 31 December 2017, update and revise the programme in accordance with paragraph 1. The Federal Minister for Agriculture, Forestry, the Environment and Water Management is conducting the coordination. "
39. § 20 reads:
" § 20. (1) installations subject to an authorisation requirement under the applicable administrative regulations of the Federal Republic of Germany and the new construction of a road or section of road which is subject to road safety requirements shall not be subject to any separate provisions. The provisions laid down in paragraphs 2 and 3 shall be subject to additional conditions of approval.
(2) Emissions of air pollutants shall be limited in accordance with the state of the art (Section 2 (8) (1) AWG 2002).
(3) Insofar as more than 35 already exist in the area where a new installation or a new plant extension or a new road or road section is to be approved for a road or road section, PM exceedance of PM 10 in accordance with Appendix 1a or exceeding
- |
of the 10 µ g/m 3 the increased annual mean value for nitrogen dioxide in accordance with Annex 1a, |
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- |
of the annual average value for PM 10 in accordance with Annex 1a, |
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- |
of the annual average value for PM 2.5 in accordance with Annex 1b, |
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- |
an immission limit laid down in a regulation in accordance with Article 3 (5); |
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- |
the half-hourly average value for sulphur dioxide referred to in Appendix 1a, |
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- |
the average daily value of sulphur dioxide as set out in Appendix 1a, |
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- |
the half-hourly average value for nitrogen dioxide in accordance with Annex 1a, |
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- |
of the limit value for lead in PM 10 in accordance with Annex 1a or |
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- |
a limit value according to Appendix 5b |
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or if it is to be expected by the authorisation, authorisation shall be granted only if: |
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1. |
emissions do not make a relevant contribution to the burden of immission or |
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2. |
the additional contribution shall be limited by emission-limiting conditions to the technically feasible and economically feasible extent and, if necessary, the additional emissions shall be determined by measures to reduce the immission burden, in particular: pursuant to § 9a or a catalogue of measures pursuant to § 10 of this Federal Act, as amended by the Federal Law BGBl (Federal Law Gazette). I No 34/2003, so that, in a realistic scenario, no further exceedances of the values set out in this paragraph are to be adopted in the long term as soon as these measures have become effective. |
(4) The provisions of paragraphs 1 to 3 shall not apply to:
1. |
Installations subject to the 1994 Commercial Code, the Emissions Protection Act for boiler plants or the Mineral Raw Materials Act, |
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2. |
Mobile technical equipment, machinery and equipment within the meaning of § 2 para. 10 Z 2. |
(5) For installations which have been approved in accordance with paragraph 3, no measures pursuant to § 16 shall be ordered within 5 years from the date of approval. "
40. § 21 (2) reads:
" (2) The Federal Minister for Agriculture, Forestry, the Environment and Water Management may, by means of Regulation, certain categories of installations which are subject to authorisation in accordance with paragraph 1 of this Article with regard to their type, production capacity, thermal power or Set mass flows. The Regulation may also lay down conditions for approval, in particular the state of the art (Article 2 (8) (1) AWG 2002), for the installations or parts of plants subject to approval, in particular for biogas plants. The adoption of this Regulation shall be based on the principles of § 9b. "
41. The title of § 21a reads as follows:
"Approval for IPPC Assets"
Section 21a (1) reads as follows:
" (1) installations listed in Annex I to Directive 2008 /1/EC concerning integrated pollution prevention and control (IPPC Directive), OJ L 327, 22.11.2008, p. No. OJ No L 24, 15. 8), which are not subject to an obligation to comply with the federal legislation on air pollution control, require approval under this Federal Act when a permit is set up or a substantial change is made. The competent authority shall be the district administrative authority. "
43. § 23 reads:
" § 23. (1) The Federal Minister for Agriculture, Forestry, the Environment and Water Management has published a written report every three years, for the first time in 2000, by the National Council.
1. |
the condition, development and forecast of the emissions of air pollutants for which emission limit or target values are laid down in Annexes 1, 2 and 5b or in a Regulation pursuant to Section 3 (5); |
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2. |
the state, the development and the forecast of the emissions which are levied under this federal law; and |
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3. |
the success of the measures taken under this federal law |
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. |
(2) The Federal Minister for Agriculture, Forestry, the Environment and Water Management has received reports from the European Commission in accordance with Article 27 of Directive 2008 /50/EC and Article 5 of Directive 2004 /107/EC on arsenic, cadmium, mercury, nickel and Polycyclic aromatic hydrocarbons in the air, OJ C 327, 28. No. OJ No L 23, 26. Jänner 2005 p. 3.
(3) In the context of the reporting obligations of paragraphs 1 and 2, information, in particular on plans, programmes and measures, is required, the Landeshauptmann shall have the appropriate means to the Federal Minister for Agriculture, Forestry, Environment and the Environment, water management. "
44. § 27 reads:
" § 27. The limitation of emissions from heating systems (§ 2 para. 12) in order to achieve the objectives of this Federal Act (§ 1) shall be carried out by means of measures to be determined by national law. "
Section 30 (1) reads as follows:
" (1) If the act does not constitute the offence of an act threatened with judicial punishment, an administrative surrender shall be committed and shall be punished.
1. |
with a fine of up to EUR 36 340, who does not comply or does not comply with a contract awarded in accordance with § 13a (2) or does not set up an installation pursuant to § 21a (1) or an installation pursuant to a regulation pursuant to § 21 without authorisation or an essential -amendment; |
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2. |
with a fine of up to 7 270 euros, who is an order in a regulation according to § 10, excluding orders pursuant to § § 14 and 16 (1) Z 4, or in accordance with § 13 (3), the provisions of § 21a (4) and (6) or an order pursuant to § 26b para. 2 , or who makes false claims for obtaining an exemption pursuant to § 14 (2) (2) Z 4, or who uses a marking in accordance with Section 14 (4) or § 14a (4) of the German Law Misuse of the Law; |
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3. |
with a fine of up to € 3 630, who |
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a) |
the authority to submit a refurbishment plan pursuant to Section 13a (1) does not or does not comply with a mandate from the Authority on time, |
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b) |
refuses to issue information pursuant to § § 9 (3) and (25) or does not grant the information on time, |
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c) |
a declaration of emission provided for in section 25 does not or does not deliver on time, |
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d) |
prevents the institutions of the competent authorities from exercising the powers of control provided for in Article 26, |
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e) |
a recording or reporting obligation in accordance with section 21a (5) does not comply, |
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f) |
an approval requirement in accordance with section 21 (2); |
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4. |
with a fine of up to EUR 2 180, who is contrary to an arrangement pursuant to § § 14 and 16 (1) (4) and made in accordance with § 10. |
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In the event of an administrative surrender within the meaning of Z 4, in the event of an exceedance of a speed limit, an organ criminal order (§ 50 VStG) may be imposed at a rate of 50 euros, provided that the exceeding is not more than 30 km/h. In the case of transgressions of temporal and spatial restrictions, an organ punishment of 70 euros may be imposed. " |
46. In accordance with § 31, the following section 31a and title shall be inserted:
" Official Complaint
§ 31a. The Governor of the State shall be entitled to file a complaint against the Administrative Court in appeal against the proceedings of the Independent Administrative Senate in accordance with Section 30 of the Appeal Court for illegality to the Administrative Court. "
47. § 33 reads:
" § 33. With the enforcement of this federal law is entrusted:
1. |
as regards § § 19, 22, 28 and 29 of the Federal Government, |
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2. |
as regards Section 3 (6), Section 13 (3) and Annex 1a of the Federal Minister for Agriculture, Forestry, the Environment and Water Management in agreement with the Federal Minister for Economic Affairs, the Family and Youth, |
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3. |
as regards Section 14 (1) and (6d) of the Federal Minister for Agriculture, Forestry, the Environment and Water Management, in agreement with the Federal Minister for Transport, Innovation and Technology, and |
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4. |
the Federal Minister for Agriculture, Forestry, the Environment and Water Management. " |
48. In § 34, according to the words "Carbon Monoxide in the Air" the words ", if and as long as they have not been repealed by Directive 2008 /50/EC. In addition, this federal law " and according to the words "Plans and Programmes" the words "and Directive 2008 /50/EC" inserted.
49. In accordance with Article VII (6), the following paragraph 7 is added:
" (7) The table of contents for Art. I, Art. § 3, including the title, § 4, § 5 (1) and (2), § 7, § 8, § 9 (3), § 9a, § 9b, Z 4, § 9c para. 7, § 10, § 13, § 13a (1), § 14 including the title, § 14a including the title, § 15, § 15a, § 16, 5a. Section, § 20, § 21, para. 2, the title of § 21a, § 21a (1), § 22, § 23, § 24, § 27, § 28 para. 1, § 30 para. 1, § 31a with the title, § 33 and § 34 as well as the annexes 1, 4, 5 and 8 in the version of the Federal Law BGBl. I No 77/2010 shall enter into force at the end of the day of the presentation of the said Federal Law; at the same time, Section 10a, together with the title, shall not enter into force. "
50. After the title "Appendix 1: Concentration" the headline "Annex 1a: Immission limit values" inserted.
51. In Appendix 1a, the footnote is * 2:
" * 2) The immission limit value of 30 µ g/m 3 is from 1. Jänner 2012. The tolerance margin is 30 µ g/m 3 at the entry into force of this Federal Act, and shall be 1. Jänner each year up to 1. January 2005 by 5 µ g/m 3 reduced. The tolerance margin of 10 µ g/m 3 shall remain the same as from 1. January 2005 to 31 December 2009. The tolerance margin of 5 µ g/m 3 shall remain the same as from 1. Jänner 2010. An evaluation of the impact of the tolerance margin for the years 2010 and 2011 will be carried out in 2012. On the basis of this evaluation, the Federal Minister for Agriculture, Forestry, the Environment and Water Management, in agreement with the Federal Minister for Economic Affairs, Family and Youth, has, where appropriate, the decision to depart the tolerance margin with a regulation "
(52) Following the text of the previous Appendix 1, the following Annex 1b, together with the heading, is added:
" Appendix 1b: Immission limit for PM 2.5
§ 3 (1)
As the immission limit value of the concentration of PM 2.5 the value of 25 µ g/m 3 as a mean value during a calendar year (annual mean value). The immission limit value of 25 µ g/m 3 is from 1. Jänner 2015. The margin of tolerance of 20% for this limit will be set at the following 1 June 2008. Jänner and then every 12 months by an annual equal percentage to 0% on 1. Jänner 2015 reduced. "
53. In the heading to Appendix 4, the expression: " 2a " by the expression " 2 " replaced.
54. In the heading to Appendix 5, the expression: " 2b " by the expression " 3 " replaced.
55. In Annex 5a, after the expression: "Appendix 5a:" the heading "Target value for nitrogen dioxide" . Z 1 and the name "2." .
56. In Annex 5b, the following Appendix 5c is added together with the heading:
" Appendix 5c: PM target value 2.5
As the target value of the concentration of PM 2.5 the value of 25 µ g/m 3 as a mean value during a calendar year (annual mean value). "
57. The following Annex 8 is added to Annex 7:
" Annex 8: Committed to the AEI
§ 3 para. 4, § 3a, § 7 para. 2 and § 9a Abs. 2
The value of 20 µ g/m is considered to be an obligation with regard to the AEI (§ 2 para. 23). 3 . The AEI shall be calculated as the average of all the annual averages of the measurement points used in accordance with the Regulation referred to in § 4 for the calculation of the AEI.
The expulsion of the overrun in accordance with § 7 (2) shall be examined and carried out for the following years (the first examination will exceptionally not be carried out over a three-year period, but over a two-year period):
1. |
2009, 2010 |
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2. |
2009, 2010, 2011 |
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3. |
2010, 2011, 2012 |
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4. |
2011, 2012, 2013 |
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5. |
2012, 2013, 2014 |
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6. |
2013, 2014, 2015 |
The following algorithm shall be used to calculate the individual commitments:
(1) The average measurement values-calculated over the respective years-shall be arranged in ascending order for all measuring stations. The number of measuring points in total is g, the number of measuring points with an average value of not more than 20 µ g/m³ is r.
(2) Starting with the measuring point with the lowest average measured value above 20 µ g/m³, shall be for each j
j = r + 1, r + 2, ..., g
The following calculation is carried out in the following series:
M Y ... average measured value over the respective years at the station j
(3) A case distinction shall be made after each individual calculation:
(a) Y < 20. In this case, the average values to be achieved for 2013, 2014 and 2015 may be reduced by the same %-Satz by lowering the calculated averages of the measuring stations of more than 20 µ g/m³ in such a way that the average 2013, 2014 and 2015 over all measuring stations is 20 µ g/m³:
The average values to be achieved for 2013, 2014 and 2015 are then per 100p% lower than the respective averages in the period of overrun.
(b) Y = 20. In this case, the average values to be achieved for 2013, 2014 and 2015 should be reduced by 100 Xj% below the respective averages over the period of overrun.
(c) S Y > 20. In this case, the average value for the measurement point j for 2013, 2014 and 2015 shall be 20 µ g/m³ and the calculation shall be carried out again for the next measurement point (j + 1). "
Article II
Amendment of the Bundesluftreinhaltegesetz and repeal of the Federal Act on the Prohibition of the incineration of biogenic materials outside of installations
The Bundesluftreinhaltegesetz, BGBl. I n ° 137/2002, as last amended by the SPG-Novelle 2005, BGBl. I n ° 151/2004, shall be amended as follows:
1. The title is: