Twelfth Ordination on the implementation of the Federal Immission Control Act (fault-regulation-12. BImSchV)
Unofficial table of contents
12. BImSchV
Date of completion: 26.04.2000
Full quote:
" Accident regulation as amended by the Notice of 8 June 2005 (BGBl. 1598), as last amended by Article 1 of the Regulation of 14 August 2013 (BGBl I). I p. 3230).
| Status: |
New by Bek. v. 8.6.2005 I 1598 |
| |
Last amended by Art. 1 V v. 14.8.2013 I 3230 |
For more details, please refer to the menu under
Notes
Footnote
(+ + + Proof of text: 3.5.2000 + + +)
The V was referred to as Article 1 (d). V v. 26.4.2000 I 603 (GefStoffUnfUmsV) issued by the Federal Government after consultation of the parties concerned with the consent of the Federal Council. She's gem. Art. 4 sentence 1 of this V mWv 3.5.2000 entered into force.
Unofficial table of contents
Content Summary
| Part one |
| |
General provisions |
| § 1 |
Scope |
| § 2 |
Definitions |
| Part two |
| |
Rules applicable to operating areas |
| |
|
First section |
| |
|
|
Basic duties |
| § 3 |
General operator obligations |
| § 4 |
Requirements for the prevention of incidents |
| § 5 |
Requirements to limit incident impact |
| § 6 |
Additional requirements |
| § 7 |
Display |
| § 8 |
Concept for the prevention of incidents |
| |
|
Second section |
| |
|
|
Extended duties |
| § 9 |
Security Report |
| § 10 |
Alarm and security plans |
| § 11 |
Information on security measures |
| § 12 |
Other obligations |
| |
|
Third Section |
| |
|
|
Regulatory Obligations |
| § 13 |
Obligation to provide notification to the operator |
| § 14 |
Reporting obligations |
| § 15 |
Domino effect |
| § 16 |
Monitoring system |
| Part Three |
| |
(dropped) |
| § 17 |
(dropped) |
| § 18 |
(dropped) |
| Fourth part |
| |
Reporting procedures, final provisions |
| § 19 |
Reporting procedure |
| § 20 |
Transitional provisions |
| Section 21 |
Irregularities |
| Annex I |
| |
Applicability of the Regulation |
| Annex II |
| |
Minimum particulars to appear in the safety report |
| Annex III |
| |
Principles for the concept for the prevention of incidents and the safety management system |
| Annex IV |
| |
Information in the alarm and security plans |
| Annex V |
| |
Information to the public |
| Annex VI |
| |
Notifications |
| Part 1: |
Criteria |
| Part 2: |
Content |
| Annex VII |
| (dropped) |
Part one
General provisions
Unofficial table of contents
§ 1 Scope
(1) The provisions of the second and fourth parts, with the exception of Articles 9 to 12, shall apply to areas of operation in which dangerous substances are present in quantities which reach or exceed the quantitative thresholds set out in column 4 of Annex I. In addition, the rules laid down in Articles 9 to 12 shall apply to areas where dangerous substances are present in quantities which reach or exceed the volume thresholds set out in Annex I, column 5. (2) The competent authority may: An individual case shall be imposed on the operator of an operating division, insofar as it is necessary to prevent incidents or to limit their effects, in accordance with § § 9 to 12, even if the presence of the operator in the operating area the quantity thresholds referred to in column 5 of Annex I shall not be reached. (3) (4) (omitted) (5) Paragraphs 1 and 2 do not apply to the provisions of Article 4 of Council Directive 96 /82/EC of 9 December 1996 on the control of major-accident hazards involving dangerous substances (OJ L 327, 30.12.1996, p. EC 1997 No 13), as amended by Directive 2003 /105/EC of the European Parliament and of the Council of 16 December 2003 (OJ L 105, 13.4.2003, p. EU No 97), the facilities, hazards and activities referred to above.
Unofficial table of contents
§ 2 Definitions
For the purposes of this Regulation:
-
1.
-
dangerous substances: substances, mixtures or preparations which are listed in Annex I or which meet the criteria laid down therein and which are present as raw material, end product, by-product, residue or intermediate product, including those, where it is reasonable to assume that they are incurred in the event of a disturbance of the holding in accordance with the intended purpose;
-
2.
-
the presence of dangerous substances: the existence or the presence of dangerous substances, or their presence, to the extent that they are likely to occur in the event of an industrial chemical process other than control, and in quantities which reach or exceed the volume thresholds set out in Annex I;
-
3.
-
Malfunction: an event, such as B. an emission, fire or explosion of a larger scale resulting from a disturbance of the intended operation in an operating area covered by this Regulation or in a plant covered by this Regulation, which shall: the risk or damage to property referred to in Annex VI, Part 1, point I, point 4, directly or later, within or outside the operating area or the installation, and in which one or more dangerous substances are involved;
-
4.
-
serious risk: a danger in which
-
a)
-
the lives of people are threatened or serious health impairments are to be feared by people,
-
b)
-
the health of a large number of people can be affected, or
-
c)
-
the environment, in particular animals and plants, the soil, the water, the atmosphere and the cultural or other property, can be damaged if the common good would be affected by a change in its stock or its usefulness;
-
5.
-
State of security technology: the state of development of advanced procedures, facilities and modes of operation, which makes it possible to ensure the practical suitability of a measure to prevent incidents or to limit their impact. In the determination of the state of the safety technology, comparable methods, devices or operating modes are to be used in particular, which have been tested with success in operation.
Part two
Rules applicable to operating areas
First section
Basic duties
Unofficial table of contents
§ 3 General operator obligations
(1) The operator shall take the necessary precautions in accordance with the nature and extent of the possible hazards in order to prevent incidents; shall not be without prejudice to obligations under other provisions of the emission control law. (2) In the course of the fulfilment of the Obligation under paragraph 1 shall be:
-
1.
-
operational sources of danger,
-
2.
-
environmental hazards, such as earthquakes or floods, and
-
3.
-
Tampering
(3) In addition to paragraph 1, preventive measures must be taken to minimise the effects of accidents, such as: (4) The nature and operation of the installations in the operational area must be in accordance with the state of the security technology.
Unofficial table of contents
§ 4 Requirements for the prevention of incidents
In order to comply with the obligation arising from § 3 (1), the operator in particular has
-
1.
-
to take measures to ensure that fires and explosions are
-
a)
-
to be avoided within the operating range,
-
b)
-
cannot act in a manner which adversely affects safety from one installation to other installations in the operating area; and
-
c)
-
cannot act on it from the outside in a manner that impairs the safety of the operating area,
-
2.
-
Equip the operating area with adequate warning, alarm and safety equipment,
-
3.
-
to equip the installations of the operating area with reliable measuring equipment and control or regulating equipment which, if necessary in terms of safety, are in each case present in a variety of different ways and are independent of each other,
-
4.
-
to protect the safety-relevant parts of the operating area from the interference of unauthorized persons.
Unofficial table of contents
§ 5 Requirements for the limitation of adverse effects
(1) The operator has, in particular, the obligation to comply with the obligation arising from § 3 (3)
-
1.
-
to take measures to ensure that the nature of the foundations and the load-bearing parts of the building does not pose any additional risk in the event of a fault,
-
2.
-
to equip the facilities of the operating area with the necessary safety equipment and to take the necessary technical and organisational measures to protect them.
(2) The operator shall ensure that, in an incident, the authorities responsible for the security of the security and the emergency services are advised immediately, comprehensively and knowledgeable.
Unofficial table of contents
§ 6 Supplementary requirements
(1) The operator has to comply with the obligations arising from § 3 (1) or (3) beyond the requirements specified in § § 4 and 5
-
1.
-
to examine the establishment and operation of the safety-relevant parts of the plant and to constantly monitor and maintain the facilities of the operating area in safety terms;
-
2.
-
to perform maintenance and repair work according to the state of the art,
-
3.
-
to take the necessary precautions to avoid any improper use,
-
4.
-
prevent misconduct by means of appropriate operating and safety instructions and by training personnel.
(2) (omitted) (3) The operators of the operating areas defined in accordance with § 15 shall have the right to contact the competent authorities in consultation with the competent authorities.
-
1.
-
to exchange all necessary information among themselves in order to ensure that they are in their approach to prevent incidents, in their security management systems, in their safety reports and in their internal alarm and security plans of the type and can take account of the extent of the overall risk of an incident, and
-
2.
-
concerning information to the public and the transmission of information to the competent authority responsible for the preparation of external alert and security plans.
(4) The operator shall, at the request of the competent authority, provide any additional information necessary to enable the Authority to assess the possibility of the occurrence of an incident in full knowledge of the possible increase in the number of possible increases in the number of possible cases of Identify the likelihood and potential increases in the consequences of incidents, draw up external alarm and security plans, and substances that are due to their physical form, characteristics, or location where they exist , additional provisions may be required.
Unofficial table of contents
§ 7 Display
The operator shall notify the competent authority of the following in writing at least one month before the start of the establishment of an operating area:
-
1.
-
the name or company of the operator and the full address of the relevant operational area;
-
2.
-
the registered office and full address of the operator;
-
3.
-
the name or function of the person responsible for the operational sector, if different from the person referred to in point 1;
-
4.
-
adequate information on the identification of dangerous substances or the category of dangerous substances,
-
5.
-
the quantity and physical form of dangerous substances;
-
6.
-
Activity or intended activity in the facilities of the operational area,
-
7.
-
Conditions in the immediate vicinity of the operating area, which can cause a malfunction or aggravate the consequences thereof.
(2) The operator has a change
-
1.
-
the operating range,
-
2.
-
a procedure in which a dangerous substance is used,
-
3.
-
the quantity, nature or physical form of a dangerous substance in relation to the information referred to in paragraph 1;
which could have a significant impact on the hazards associated with a malfunction, and
-
4.
-
the final closure of the operational area or an installation of the operational area of the competent authority shall be notified in writing at least one month before that date.
(3) A separate notification shall not be required to the extent that the operator has provided the relevant information to the competent authority in accordance with paragraph 1 in the context of an authorisation or notification procedure.
Unofficial table of contents
§ 8 Concept for the prevention of incidents
(1) The operator shall draw up a written concept for the prevention of incidents before commissioning. It shall be appropriate to the hazards of operational incidents and shall take account of the principles set out in Annex III. (2) The operator shall ensure the implementation of the concept. Operators of operating areas pursuant to § 1 (1) sentence 1 shall keep it available to the competent authorities. (3) In the cases of § 7 para. 2 no. 1 to 3, the operator has the concept for the prevention of incidents, including this concept. on the underlying security management system, as well as the procedures for implementing it and, if necessary, to update it.
Second section
Extended duties
Unofficial table of contents
§ 9 Security Report
(1) The operator of an operating area referred to in the second sentence of Article 1 (1) shall draw up a safety report in accordance with paragraph 2, which shall state that:
-
1.
-
a concept for the prevention of incidents has been implemented and a safety management system for its application is provided in accordance with the principles set out in Annex III;
-
2.
-
identify the hazards of incidents and take all the necessary measures to prevent such incidents and to limit their impact on humans and the environment,
-
3.
-
the design, construction and operation and maintenance of all parts of an operational area related to the risk of malfunction in the operational area are sufficiently safe and reliable;
-
4.
-
internal alarm and security plans have been provided and the necessary information has been provided for the preparation of external alert and security plans so as to enable the necessary measures to be taken in the event of a malfunction, and in which:
-
5.
-
adequate information will be provided to enable the competent authorities to take decisions on the settlement of new activities or developments in the neighbourhood of existing operations.
2. The safety report shall contain at least the information and information listed in Annex II. It lists the names of the relevant parties involved in the preparation of the report. It also contains an up-to-date list of the dangerous substances present in the operating sector on the basis of the names and classification in column 2 of the list of substances listed in Annex I. (3) The operator may, on the basis of other (4) The operator has the right to submit any such reports or parts of such reports to a single security report within the meaning of this paragraph, provided that all the requirements of this paragraph are complied with. competent authority, the safety report referred to in paragraphs 1 and 2, without prejudice to section 4b (2) sentence 2 of the Regulation on the authorisation procedure to be submitted within a reasonable period, set by the competent authority, before the start of operation and immediately after an update, on the basis of the review required by paragraph 5. (5) The operator has the safety report as well as the concept for the prevention of incidents and the safety management system
-
1.
-
at least every five years,
-
2.
-
on a change
-
a)
-
the operating range,
-
b)
-
a procedure in which a dangerous substance is used,
-
c)
-
the quantity, nature or physical form of a dangerous substance
in relation to the information in the safety report,
-
3.
-
at any other time when new circumstances so require, or in order to take account of the new level of safety knowledge and the latest findings on the assessment of the risks,
, In so far as the review referred to in sentence 1 shows that there may be a significant impact on the risks associated with an incident, the operator shall have the safety report and the concept of prevention of (6) If there is no risk of a fault of certain substances present in the operational area or of any part of the operating area itself, the risk of an accident may arise. competent authority, at the request of the operator, in accordance with the criteria laid down in Article 16 of the Council Directive 82/501/EEC of 24 June 1982 on the major-accident hazards of certain industrial activities (OJ L 183, 29.6.1982, p. EC No 1), or in Article 22 of Council Directive 96 /82/EC of 9 December 1996 on the control of major-accident hazards involving dangerous substances (OJ L 327, 22.12.1996, p. EC No 13), allow the information required for the safety report to be limited to those aspects relating to the defence of the remaining risks of incidents and to the risks of accidents, and the risk of accidents. Limiting their impact on humans and the environment.
Unofficial table of contents
Section 10 Alarm and Security Plans
(1) Prior to the initial entry into service of an operating range pursuant to § 1 (1) sentence 2, the operator shall:
-
1.
-
to draw up internal alarm and security plans to contain the information listed in Annex IV, and
-
2.
-
to provide the competent authorities with the information necessary for the preparation of external alarm and security plans.
(2) If the territory of another State is likely to be affected by the effects of an incident, the operator shall, in accordance with paragraph 1 (2), provide the competent authorities with the corresponding additional copies of the external alarm and alert system. (3) Before the establishment of the internal alarm and security plans, the operator shall have the employees in the operational area. to inform and consult on the content provided for. It must also instruct the employees, prior to their initial employment, and thereafter at least every three years, on the rules of conduct for them in the internal alarm and security plans for the incident. The obligations arising from sentences 1 and 2 shall also apply to the personnel of sub-contractors who are not only temporarily employed. (4) The operator shall have the internal alarm and security plans at intervals of not more than three years. check and test them. The review shall take account of changes in the operational area concerned and in the emergency services concerned, new technical knowledge and findings as to how to act in the event of incidents. Where the review referred to in sentence 1 shows that there may be a significant impact on the measures to be taken in the event of an incident, the operator shall immediately update the alarm and security plans. Paragraph 1 (2) and (2) shall apply mutatily.
Unofficial table of contents
Section 11 Information on security measures
(1) The operator of an operating area in accordance with § 1 (1) sentence 2 shall have all persons and all institutions with public transport, such as schools and hospitals, which could be affected by a malfunction in this operating area, in accordance with sentence 2 To inform the commissioning of the safety measures and the correct behaviour in the event of an incident in a manner which is tailored to the specific needs of the respective group of addressees. The information shall contain at least the information listed in Annex V. They must be made available to the public all the time. To the extent that the information is intended for the protection of the public, they shall be in line with the authorities responsible for civil protection and the general security of the security. The operator's obligations referred to in this paragraph shall also apply to persons, to the public and to the competent authorities in other States whose territory is affected by the cross-border effects of an incident in the area of operation. (2) The operator has to review the information provided for in paragraph 1 every three years. In so far as changes arise during the review which could have a significant impact on the hazards associated with an incident, the operator shall immediately update and repeat the information; paragraph 1 shall apply: accordingly. The period during which the information made available to the public must be repeated shall in no case exceed five years. (3) The operator shall have the safety report in accordance with § 9 for the purpose of inspection by the public shall be kept ready. He may require the competent authority to include certain parts of the safety report, which may not include the list of dangerous substances in accordance with Article 9 (2), for reasons of commercial and commercial secrecy, the protection of privacy, of public security or national defence. After obtaining the consent of the competent authority, the operator shall, in such cases, submit to the Authority a modified safety report in which the parts which are not to be disclosed are left out, and shall make it available to the public.
Unofficial table of contents
§ 12 Other duties
(1) The operator of an operating area according to § 1 (1) sentence 2 has
-
1.
-
, at the request of the competent authority, to establish and maintain, at any time, a link to the public administration designated by the competent authority and appropriate for the transfer of information, and to maintain and maintain a link between the public administration
-
2.
-
to appoint a person or body to limit the effects of accidents and to designate that person to the competent authority.
(2) The operator shall have documents relating to the implementation required pursuant to Article 6 (1) (1) (1) and (2)
-
1.
-
the examination of the establishment and operation of the safety-relevant parts of the plant,
-
2.
-
the monitoring and regular maintenance of the plant in safety terms,
-
3.
-
the safety-relevant maintenance and repair work, and
-
4.
-
the function tests of the warning, alarm and safety equipment
to create. The documents shall be kept for at least five years from the date of preparation by the competent authority.
Third Section
Regulatory Obligations
Unofficial table of contents
§ 13 obligation to provide notification to the operator
Before an operational area is put into service and after the safety report has been updated on the basis of the verifications required by Article 9 (5), the competent authority shall have the operator the results of its audit of the safety report, where appropriate, after requesting additional information, to be notified within a reasonable period of time after receipt of the safety report, unless the safety report is the subject of an immission protection authorisation procedure. The first sentence shall apply in the cases referred to in Article 20 (3) and (3a).
Unofficial table of contents
§ 14 Reporting obligations
The competent authority shall have a list of the operating areas referred to in Article 9 (6), indicating the reasons for the exceptions, within three months of the end of the first calendar year following the entry into force of this Regulation, and then each further decision pursuant to Article 9 (6) and the reasons for which the decision was taken immediately to be forwarded to the Commission of the European Communities in accordance with Article 9 (6) (c) of Council Directive 96 /82/EC of 9 December 1996 on Control of major-accident hazards involving dangerous substances (OJ L 196, 27.7.2005, p. EC No (2) The competent authority shall have every three years in accordance with the requirements of Council Directive 91 /692/EEC of 23 December 1991 on the unification and rationalisation of reports on the Implementation of certain environmental directives (OJ C 327, EC No 48), within six months of the end of each three-year period, on the competent authority of the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety, on the basis of a report on the provisions of this Regulation The Federal Ministry for the Environment, Nature Conservation and Nuclear Safety conducts the report in accordance with Article 19 (4) of Council Directive 96 /82/EC of 9 December 1996 on the control of risks in the event of serious damage to the environment. Accidents involving dangerous substances (OJ C EC No 13) to the Commission of the European Communities. (3) The competent authority has up to 1 in the competent authority of the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety, via the competent authority of the State. The following information shall be provided for each operating area:
-
1.
-
the name or company of the operator and the full address of the relevant operating range; and
-
2.
-
Activities or activities of the operational area.
In the same way as the reports referred to in paragraph 2, the information provided for in the first and second sentence of the first subparagraph shall be the same for the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety at the same dates as the reports referred to in paragraph 2, and to the end of the the three-year periods referred to in paragraph 2 shall be notified. The Federal Ministry for the Environment, Nature Conservation and Nuclear Safety shall forward the information referred to in sentences 1 and 2 to the Commission of the European Communities.
Unofficial table of contents
§ 15 Domino effect
The competent authority shall determine to the operators the operating areas or groups of operating areas where, on the basis of their location, their mutual distance and the dangerous substances present in their installations, a the probability or possibility of malfunction can be increased or if these incidents can be more serious.
Unofficial table of contents
§ 16 Monitoring system
The competent authority shall, without prejudice to § 13, establish a monitoring system appropriate to the nature of the operating area concerned. The monitoring system shall allow a systematic and systematic examination of the technical, organisational and management systems of the operational area with which the competent authority shall, in particular, ensure that:
-
1.
-
that the operator can demonstrate that he has taken the measures necessary to prevent incidents in connection with the various operational activities,
-
2.
-
that the operator can demonstrate that it has provided adequate means to limit the effects of accidents inside and outside the operating area,
-
3.
-
that the information and information contained in the safety report or in other reports submitted reflect the circumstances in the operational area,
-
4.
-
that the information has been made available to the public in accordance with Section 11 (1).
(2) The monitoring system referred to in paragraph 1 shall meet the following requirements:
-
1.
-
A monitoring program must be created for all operating areas. Each operating area for which a safety report in accordance with § 9 is required shall be subject to an on-the-spot inspection by the competent authority, at least every 12 months, in accordance with the programme, unless the competent authority has a Systematic evaluation of the hazards of incidents creates a monitoring program with other inspection intervals for the respective operating range.
-
2.
-
After each inspection, the competent authority shall draw up a report.
-
3.
-
Where appropriate, the follow-up action of each inspection carried out shall be reviewed by the competent authority within a reasonable period of time after the inspection, together with the management of the operational area.
The competent authority may, without prejudice to Section 29a of the Federal Immission Protection Act, provide an appropriate expert with the inspection referred to in paragraph 2 (1), the preparation of the report referred to in paragraph 2 (2) and the review of the required The following measures shall be applied in accordance with paragraph 2 (3). The contract must include the report referred to in paragraph 2 (2) and the outcome of the review referred to in paragraph 2 (3) within four weeks of the completion of the report, or upon completion of the review of the competent authority. For the purposes of the first sentence, the person who has the necessary technical knowledge, independence, reliability and equipment is suitable. Evidence from another Member State of the European Union or of another State Party to the Agreement on the European Economic Area shall be equivalent to national references if they show that the requirements of the sentence 3 or the requirements of the issuing State, which are essentially comparable on the basis of their objectives. Proof of equivalence in accordance with the fourth sentence shall be submitted to the competent authority prior to the commence of the activity in the original or in copy. A certification of the copy can be requested. In addition, the competent authority may require that equivalent documents be submitted in certified German translation. In the case of the temporary and occasional activities of a national of another Member State of the European Union or of another State Party to the Agreement on the European Economic Area, which shall take part in the exercise of a such activity is established in one of these States, and in accordance with the provisions of the second sentence of Article 13a (2) to (5) and the third paragraph of Article 13a (3) of the Industrial Code. In the case of the establishment of such a national, the second sentence of the second sentence of Article 36a (1) and the second subparagraph of paragraph 2 of the Industrial Code shall apply mutamatters to the required technical customer
Part Three
Unofficial table of contents
§ 17 (omitted)
-
Unofficial table of contents
§ 18 (omitted)
-
Fourth part
Reporting procedures, final provisions
Unofficial table of contents
Section 19 Reporting procedure
(1) The operator shall immediately inform the competent authority of the occurrence of an event meeting the criteria set out in Annex VI, Part 1. (2) The operator shall immediately, within one week at the latest, inform the competent authority of the event. To submit an event in accordance with paragraph 1, a supplementary written notification containing at least the information referred to in Annex VI, Part 2. It shall, without delay, supplement or rectify the notification when new information is available. (3) The competent authority shall be aware of an event referred to in Annex VI, Part 1, point I, it shall:
-
1.
-
collect the information required for a complete analysis of the technical, organisational and management aspects of this event by means of inspections, investigations or other appropriate means,
-
2.
-
take appropriate measures to ensure that the operator meets all the necessary remedial measures, and
-
3.
-
Make recommendations on future prevention measures as soon as the analysis referred to in paragraph 1 is available.
(4) In order to prevent incidents and to limit the effects of accidents, the competent authority shall, without delay, make a copy of the written notification referred to in paragraph 2 concerning the authority responsible under national law, the Federal Ministry for the Environment, The Commission shall inform the Commission of the European Communities, in accordance with Article 15 (1) of Council Directive 96 /82/EC of 9 December 1996 on the control of major-accident hazards involving: dangerous substances (OJ L 327 EC No 13), if any of the criteria set out in Annex VI, Part 1, point I or II, is fulfilled. (5) The competent authority shall inform the result of the analysis referred to in paragraph 3 (1) and the recommendations referred to in paragraph 3 (3) in writing of the national law. Competent authority of the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety, which shall inform the Commission of the European Communities in accordance with Article 15 (2) of Council Directive 96 /82/EC of 9 December 1996 on the Control of major-accident hazards involving dangerous substances (OJ L 196, 27.7.2005, p. EC No 13). (6) The operator shall inform employees or their staff representatives of a notification referred to in paragraph 1 without delay and make a copy of the written notice referred to in paragraph 2 available to them on request.
Unofficial table of contents
Section 20 Transitional provisions
(1) The operator of an operating area existing on the date of entry into force of this Regulation shall, within three months of the date of entry into force of this Regulation, inform the competent authority in writing of the information provided for in Article 7 (1) (1) to (7) . A notification shall not be required in so far as the operator of the relevant operational area has already provided the relevant information to the competent authority under other legislation. (1a) The operator of an operating division who shall be responsible for the operation of the shall fall within the scope of this Regulation at a later date, the competent authority shall have the information referred to in Article 7 (1) (1) to (7) within three months of the date on which this Regulation applies to the operating area concerned. shall be notified in writing. (2) The operator of a business unit existing at the date of entry into force of this Regulation shall have the concept referred to in Article 8 (1) without delay, but no later than six months after the entry into force of the Regulation. of the Regulation, to ensure its implementation and to keep it available to the competent authorities. (2a) The operator of an operating area which falls below the scope of this Regulation at a later date shall have the following: Concept pursuant to section 8 (1) without delay, but no later than three months months after the date on which this Regulation applies to the operating sector in question, and to keep it available to the competent authorities. (3) The operator of an existing one at the time of entry into force of this Regulation. Operating range according to § 1 (1) sentence 2 shall be subject to the obligations under § 9 bis 2 February 2001 if the operating range consists exclusively of installations which were subject to the incident regulation prior to the entry into force of this Regulation. In all other cases, the operator of a business unit existing at the time of entry into force of this Regulation shall comply with the obligations laid down in § 9 to 2 February 2002. (3a) The operator of an operating division who shall be responsible for a later When the date of application falls within the scope of section 1 (1), second sentence, the obligations pursuant to § 9 shall be fulfilled without delay, but no later than the end of one year after the date of the second sentence of § 1 (1) of the operating range. (4) The operator of an existing one at the time of entry into force of this Regulation Operating range according to § 1 (1) sentence 2 has until 2 February 2001
-
1.
-
to draw up the internal alarm and security plans required pursuant to section 10 (1) (1); and
-
2.
-
provide the competent authorities with the information necessary for the preparation of external alarm and security plans,
if the operational area in question is exclusively made up of installations which have been subject to the accident Regulation before the entry into force of this Regulation. In all other cases, the operator of a business unit existing at the time of entry into force of this Regulation shall comply with the obligations laid down in points 1 and 2 until 2 February 2002, in accordance with the second sentence of section 1 (1). § 10 (2) to (4) applies accordingly. (4a) The operator of an operating area, which at a later date falls within the scope of the application in accordance with § 1 (1) sentence 2, has the obligations pursuant to § 10 para. 1 without delay, but no later than the expiry of a The following year shall be fulfilled after the date on which the second sentence of Article 1 (1) applies to the operating sector concerned. Section 10 (2) to (4) shall apply mutas. (5) The operator of an operating range existing at the time of entry into force of this Regulation in accordance with Section 1 (1) sentence 2 shall have the persons affected by a fault in this operating area may, without delay and no later than six months after the date of entry into force of the Regulation, be informed in accordance with the first sentence of Article 11 (1) and (2) to the extent that such information has not already been provided in accordance with other legislation. Section 11 (1) sentences 3 to 5 shall apply accordingly. (6) The existing areas of operation within the meaning of this provision shall also apply to areas of operation with which the establishment of such areas has been initiated.
Unofficial table of contents
§ 21 Administrative Offences
(1) Contrary to the provisions of Section 62 (1) (2) of the Federal Immission Protection Act, who intentionally or negligently acts
-
1.
-
an enforceable arrangement in accordance with § 1 (2),
-
2.
-
(dropped)
-
3.
-
Contrary to § 6 (4), information is not provided, not correct, not complete or not in good time,
-
4.
-
Contrary to § 7 (1) or (2) or § 20 (1) sentence 1 or subsection 1a, sentence 1, an indication shall not be reimbursed, not correct, not in full, in the prescribed manner or not in due time,
-
5.
-
Contrary to § 8 (2) or § 20 (2) or (2a), the implementation of the concept is not ensured or the concept is not available,
-
6.
-
, contrary to § 9 (4) or 5, sentence 2, in connection with Section 20 (3) or (3a), a safety report shall not be submitted in due time, not in full or in time, or updated in time,
-
7.
-
against
-
a)
-
Section 10 (1), also in conjunction with Section 20 (4a) sentence 1,
-
b)
-
§ 10 (1) (2), also in conjunction with Section 10 (4) sentence 4, this also in conjunction with Section 20 (4) sentence 3 or subsection 4a sentence 2, or
-
c)
-
Section 20 (4), first sentence, also in conjunction with sentence 2,
alert and security plans not, not correctly, in full or in time, or not provided in good time, or not in full or in a timely manner,
-
8.
-
contrary to § 10 (3) sentence 1 or 2, also in connection with § 20 (4) sentence 3 or subsection 4a, sentence 2, the employees not, not correct, not fully or not informed in time or not or not or not in time or not in time ,
-
9.
-
Contrary to § 10 (4) sentence 1 or 3, in connection with § 20 (4) sentence 3 or 4a sentence 2, the alarm and security plans are not or are not tested in due time or are not updated correctly, not in full or in good time,
-
10.
-
, contrary to § 11 (1) sentence 1 or § 20 (5) sentence 1, information is not provided, not correct, not complete, not in the prescribed manner or not in time,
-
11.
-
Contrary to § 11 (1) sentence 3, even in conjunction with paragraph 2 sentence 2 or § 20 (5) sentence 2, or § 11 para. 2 sentence 2, an information is not accessible, not updated or not updated in time, or not repeated in time,
-
12.
-
Contrary to Article 11 (3) sentence 1, a safety report is not available for inspection,
-
13.
-
Contrary to Article 12 (1) No 1, a connection shall not be established or shall not be established in time
-
14.
-
shall not, contrary to the second sentence of Article 12 (2), retain a document for at least five years, or
-
15.
-
Contrary to § 19 (1) or (2), a communication does not make, not correct, not complete or not in time, not correct, not complete or not presented in good time, not supplemented or not completed in time or not, or not shall be corrected in time.
(2) (omitted) (3) unlawful within the meaning of Section 62 (1) No. 7 of the Federal Immission Control Act, who intentionally or negligently
-
1.
-
an enforceable order pursuant to section 1 (2), or
-
2.
-
an act referred to in paragraph 1 (3) to (15) relating to an installation which is not in need of approval and which is part of an operating area.
Unofficial table of contents
Annex I Applicability of the Regulation
Source of the original text: BGBl. I 2005, 1607-1613
-
1.
-
This Annex relates to the presence of hazardous substances in operating areas. It shall determine the application of the relevant provisions of this Regulation.
-
2.
-
Mixtures and preparations shall be treated in the same way as pure substances, provided that their composition remains within the concentration limits corresponding to their properties in the list of substances listed in Note 1 of this Annex. , unless a specific percentage composition or other description is given, or any other description thereof.
-
3.
-
The volume thresholds of the table below shall apply per operating range (columns 4 and 5).
-
4.
-
The quantities to be taken into account for the application of the relevant provisions shall be the maximum quantities which may or may be present at any given time. The calculation of the total quantity of dangerous substances present in an operating range only in quantities not exceeding 2% of the relevant quantitative threshold shall not be taken into account if they are to be found within an operating range. in a place where they cannot act as a trigger for an incident at another location in the operating area.
-
5.
-
For the purpose of examining the application of the Regulation, the subsets shall be added for each dangerous substance, having regard to point 4 above the operating range, and each individual sum shall be compared with the quantities of the quantities shown in columns 4 and 5. In the presence of a number of dangerous substances, the following rules shall apply to the addition of quantities of dangerous substances or categories of dangerous substances in an operational area: the operating range shall be covered by the relevant provisions: Provisions of this Regulation if the Summeq (deep) 1/Q (deep) 1 + q (deep) 2 + q (deep) 3/Q (deep) 3 + q (deep) 4/Q (deep) 4 + q (deep) 5/Q (deep) 5 + ... q (deep) x/Q (deep) x > = 1, where q (deep) (1, 2 ... x) is the present amount of a hazardous substance (1, 2 ... x) (or dangerous substances in one and the same category) of this Annex and Q (deep) (1, 2 ... x) the relevant quantity threshold of a dangerous substance (1, 2 ... x) (or dangerous substances in one and the same category) of column 4 or 5 of this Annex. This rule shall apply under the following conditions:
-
a)
-
in the case of substances and preparations referred to in points 11 to 39, in quantities below their individual quantitative limits, if, together with substances of the same category as listed in points 1 to 10b, they are listed in a operating range,
-
b)
-
for the addition of the quantities of substances and preparations of the same category as set out in points 1 to 10b,
-
c)
-
for the addition of the quantities of categories 1 and 2, which are present together in an operating range,
-
d)
-
for the addition of the quantities of categories 3, 4, 5, 6, 7a, 7b and 8, which are present together in an operating area,
-
e)
-
for the addition of the quantities of categories 9a and 9b, which are present together in an operating range.
-
6.
-
Where a substance listed under points 11 to 39, or a group of substances listed there, also falls under a category listed in points 1 to 10b, the volume thresholds set out in points 11 to 39 shall be: Q (deep) x.
-
7.
-
Where substances, groups of substances or preparations not listed under points 11 to 39 are covered by more than one of the categories listed under points 1 to 10b, the lowest quantity threshold shall apply. However, where the addition rule set out in point 5 is applied, the quantity threshold corresponding to the classification in question shall always be used.
-
8.
-
Substances, groups of substances and preparations which are not classified as dangerous according to one of the Directives listed in Note 1 to the list of substances listed in this Annex (e.g. waste), but which are nevertheless present in an operating area or may be present and have, or may have, equivalent properties in terms of their potential for accidents under the conditions encountered in the operational area, shall apply the provisional classification procedures in accordance with the relevant Article of the Directive in question.
-
9.
-
For the purposes of this Regulation, gas shall be any substance which has an absolute vapour pressure of at least 101.3 kPa at a temperature of 20 degrees C.
-
10.
-
For the purposes of this Regulation, liquid shall be any substance which is not defined as a gas and which is not in a solid state at a temperature of 20 degrees C and a standard pressure of 101.3 kPa.
List of substances
Nr.dangerous Substances, classification 1) CAS-No. 2) Volume thresholds in kg
Operating ranges after
§ 1 (1) sentence 1 (1) (1) sentence 2
Column 1Column 2Column 3Column 4Column 5
| 1 |
Very toxic |
|
5 000 |
20 000 |
| 2 |
Toxic |
|
50 000 |
200 000 |
| 3 |
Oxidising |
|
50 000 |
200 000 |
| 4 |
Explosive 3) (if the substance, preparation or object falls within the UN/ADR hazard subclass 1.4) |
|
50 000 |
200 000 |
| 5 |
Explosive 3) (if the substance, preparation or object falls within UN/ADR hazard subcategories 1.1, 1.2, 1.3, 1.5 or 1.6 or under the hazard warning R 2 or R 3) |
|
10 000 |
50 000 |
| 6 |
Flammable 5) |
|
5 000 000 |
50 000 000 |
| 7a |
Light flammable 6) |
|
50 000 |
200 000 |
| 7b |
Highly flammable liquids 7) |
|
5 000 000 |
50 000 000 |
| 8 |
Highly flammable 8) |
|
10 000 |
50 000 |
| 9a |
Dangerous for the environment, in conjunction with the hazard warning R 50 or R 50/53 |
|
100 000 |
200 000 |
| 9b |
Dangerous for the environment, in conjunction with the hazard warning R 51/53 |
|
200 000 |
500 000 |
| 10a |
Any classification, if not recorded above, in conjunction with the hazard warning R 14 or R 14/15 |
|
100 000 |
500 000 |
| 10b |
Any classification, if not covered above, in connection with the hazard warning R 29 |
|
50 000 |
200 000 |
| 11 |
Highly flammable liquefied gases (including liquefied petroleum gas) and natural gas |
|
50 000 |
200 000 |
| 12 |
The following carcinogenic substances at a concentration of more than 5% by weight: |
|
500 |
2 000 |
| |
12.1 |
4-Aminodiphenyl and/or its salts |
92-67-1 |
|
|
| 12.2 |
Benzidine and/or its salts |
92-87-5 |
|
|
| 12.3 |
Benzotrichloride |
98-07-7 |
|
|
| 12.4 |
Bis (chloromethyl) ether |
542-88-1 |
|
|
| 12.5 |
Chloromethyl methyl ether |
107-30-2 |
|
|
| 12.6 |
1,2-dibromo-3-chloropropane |
96-12-8 |
|
|
| 12.7 |
1,2-Dibromomethane |
106-93-4 |
|
|
| 12.8 |
Diethyl sulphate |
64-67-5 |
|
|
| 12.9 |
N, N-dimethylcarbamoylchloride |
79-44-7 |
|
|
| 12.10 |
1,2-Dimethylhydrazine |
540-73-8 |
|
|
| 12.11 |
N, N-dimethylnitrosamine |
62-75-9 |
|
|
| 12.12 |
Dimethyl sulphate |
77-78-1 |
|
|
| 12.13 |
Hexamethylphosphoric acid triamide (HMPT) |
680-31-9 |
|
|
| 12.14 |
Hydrazine |
302-01-2 |
|
|
| 12.15 |
2-naphthylamine and/or its salts |
91-59-8 |
|
|
| 12.16 |
4-Nitrobiphenyl |
92-93-3 |
|
|
| 12.17 |
1.3-propanesultone |
1120-71-4 |
|
|
| 13 |
Petroleum products: |
|
2 500 000 |
25 000 000 |
| |
13.1 |
Ottokfuels and naphtha |
|
|
|
| 13.2 |
Kerosine (including aviation turbine fuels) |
|
|
|
| 13.3 |
Gas oils (including diesel fuels, light heating oil and gas oil mixed streams) |
|
|
|
| |
13.4 |
Heavy oils |
|
|
|
| 14 |
Acetylene |
74-86-2 |
5 000 |
50 000 |
| 15.1 |
Ammonium nitrate 9) |
6484-52-2 |
5 000 000 |
10 000 000 |
| 15.2 |
Ammonium nitrate 10) |
6484-52-2 |
1 250 000 |
5 000 000 |
| 15.3 |
Ammonium nitrate 11) |
6484-52-2 |
350 000 |
2 500 000 |
| 15.4 |
Ammonium nitrate 12) |
6484-52-2 |
10 000 |
50 000 |
| 16.1 |
Arsenic (V) oxide, arsenic (V)-acid and/or its salts |
|
1 000 |
2 000 |
| 16.2 |
Arsen (III) oxide, arsenic (III) acid and/or its salts |
|
100 |
100 |
| 17 |
Arsenic Hydrogen (Arsin) |
7784-42-1 |
200 |
1 000 |
| 18 |
Lead alkyl compounds, such as |
|
5 000 |
50 000 |
| |
18.1 |
Lead tetraethyl |
78-00-2 |
|
|
| 18.2 |
Lead tetramethyl |
75-74-1 |
|
|
| 19 |
Bromine |
7726-95-6 |
20 000 |
100 000 |
| 20 |
Chlorine |
7782-50-5 |
10 000 |
25 000 |
| 21 |
Hydrogen chloride (liquefied gas) |
7647-01-0 |
25 000 |
250 000 |
| 22 |
Ethyleneimine (Aziridine) |
151-56-4 |
10 000 |
20 000 |
| 23 |
Ethylene oxide |
75-21-8 |
5 000 |
50 000 |
| 24 |
Fluorine |
7782-41-4 |
10 000 |
20 000 |
| 25 |
Formaldehyde 15) (> = 90% by weight) |
50-00-0 |
5 000 |
50 000 |
| 26 |
Methanol |
67-56-1 |
500 000 |
5 000 000 |
| 27 |
4,4 '-methylenebis (2-chloroaniline) (MOCA) and its salts |
101-14-4 |
10 |
10 |
| 28 |
Methylisocyanate |
624-83-9 |
150 |
150 |
| 29 |
Breathable powdery nickel compounds (nickel monoxide, nickel dioxide, nickel sulphide, trinickel disulphide, dinickeltrioxide) |
|
1 000 |
1 000 |
| 30 |
Phosgene |
75-44-5 |
300 |
750 |
| 31 |
Phosphorus Hydrogen (phosphine) |
7803-51-2 |
200 |
1 000 |
| 32 |
Polychlorodibenzofurans and polychlorodibenzodioxins (including TCDD) calculated in TCDD equivalents 16) |
|
1 |
1 |
| 33 |
Propylene oxide (1 ,2-epoxypropane) |
75-56-9 |
5 000 |
50 000 |
| 34 |
Oxygen |
7782-44-7 |
200 000 |
2 000 000 |
| 35 |
Sulphur dichloride |
10545-99-0 |
1 000 |
1 000 |
| 36 |
Sulphur trioxide |
7446-11-9 |
15 000 |
75 000 |
| 37 |
Toluylene diisocyanate (TDI mixture) |
|
10 000 |
100 000 |
| 38 |
Hydrogen |
1333-74-0 |
5 000 |
50 000 |
| 39.1 |
Potassium nitrate 13) |
7757-79-1 |
5 000 000 |
10 000 000 |
| 39.2 |
Potassium nitrate 14) |
7757-79-1 |
1 250 000 |
5 000 000 |
-
-
-
-
Notes on the substance list
-
1.
-
The classification of substances and preparations shall be carried out in accordance with the following guidelines and their adaptation to technical progress:
-
-
-
Council Directive 67 /548/EEC of 27 June 1967 on the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous substances (OJ L 376, 27.9.1967, p. EC No L 196 p. 1), as last amended by Commission Directive 2004 /73/EC of 29 April 2004 (OJ L 196, 27.7.2004, p. EU No L 152 p. 1),
-
-
-
Directive 1999 /45/EC of the European Parliament and of the Council of 31 May 1999 on the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations (OJ L 346, 31.12.1999, p. EC No 1), as last amended by Council Directive 2004 /66/EC of 26 April 2004 (OJ L 136, 31.5.2004, p. EU No L 168 p. 35).
-
2.
-
Registration number of the Chemical Abstracts Service.
-
3.
-
"Explosive" referred to in point 4 and 5 of the list of substances
-
a)
-
a substance or preparation in which which is the risk of explosion by impact, friction, fire or other sources of ignition (hazard note R 2),
-
b)
-
a substance or preparation in which which is a particular risk of explosion caused by impact, friction, fire or other sources of ignition (hazard warning R 3), or
-
c)
-
a substance, preparation or object of Class 1 of the European Convention on the International Carriage of Dangerous Goods by Road (UN/ADR), which was concluded on 30 September 1957, as amended, in the Council Directive 94 /55/EC of 21 November 1994 on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road (OJ L 327, 22.12.1994, p. EC No 7), as last amended by Commission Directive 2004 /111/EC of 9 December 2004 (OJ L 319, 30.12.2004, p. EU No L 365 p. 25).
This definition also includes pyrotechnic substances which, for the purposes of this Regulation, are defined as a substance (or a mixture of substances) with which heat, light, sound, gas or smoke, or a combination of these effects, are obtained by: Self-sustaining, exothermic chemical reactions should be achieved. If a substance or preparation is classified according to the UN/ADR classification as well as the hazard warning R 2 or R 3, the UN/ADR classification shall take precedence over the hazard classification. The substances and objects of class 1 shall be in one of the subclasses of 1.1 to 1.6 according to the UN/ADR classification. The subclasses in question are as follows: Subclass 1.1: Substances and articles that are capable of mass explosions (a mass explosion is an explosion that virtually simultaneously captures the entire charge). Subclass 1.2: Materials and articles which present the risk of the formation of splinters, sprengs and worms, but not mass explosive; subclass 1.3: Substances and objects which have a fire hazard and which either have a fire hazard and which have a fire hazard. Low risk due to air pressure or a low risk due to splinters, sprenters and throwing pieces or both, but are not mass explosionable:
-
a)
-
significant radiant heat is produced during the combustion process, or
-
b)
-
which burn one after the other in such a way that a low air pressure effect or splinter, explosive piece action or both effects are produced.
Subclass 1.4: Substances and articles which, in the event of inflammation or ignition during transport, represent only a slight risk of explosion. The impact is essentially limited to the shipment piece, and it is not to be expected that explosive devices with larger dimensions or greater range will be created. A fire acting from the outside has no practically simultaneous explosion of the almost total contents of the mailpiece to the following subclass 1.5: Very insensitive mass explosive substances which are so insensitive that the Probability of ignition or the transition of a fire to a detonation under normal transport conditions is very low. The minimum requirement for these substances is that they do not explode during the outdoor fire test. Sub-class 1.6: Extremely insensitive objects that are not mass-explosive. These objects contain only extremely insensitive detonating substances and have a negligible probability of an unintentional ignition or reproduction. The danger is limited to the explosion of a single object. This definition also includes explosive or pyrotechnic substances or preparations contained in objects. In the case of objects containing explosive or pyrotechnic substances or preparations, the quantity of the substance or preparation contained shall be the determining factor for the purposes of this Regulation. If the quantity is not known, the entire object shall be treated as explosive for the purposes of this Regulation.
-
4.
-
(dropped)
-
5.
-
"Inflammatory" according to point 6 of the list of substances, substances and preparations which have a flashpoint of at least 21 degrees C and at most 55 degrees C (hazard warning R 10) and which maintain combustion.
-
6.
-
"Light flammable" referred to in point 7a of the substance list
-
a)
-
liquid substances and preparations which are able to heat up in contact with air at ambient temperature without energy supply and finally catch fire (hazard warning R 17); or
-
b)
-
liquid substances and preparations which have a flash point below 55 degrees C and which remain under pressure in the liquid state, provided that certain types of treatment, such as: under high pressure and at high temperature, the risk of malfunction can occur.
-
7.
-
"Light flammable" according to point 7b of the list of substances, substances and preparations which have a flash point below 21 degrees C and are not highly flammable (hazard warning R 11, second indent).
-
8.
-
"Highly Flammable" referred to in item 8 of the list of substances
-
a)
-
liquid substances and preparations which have a flash point below 0 degrees C and whose boiling point (or the initial boiling point in the case of a boiling range) at normal pressure is not more than 35 degrees C (hazard note R 12, first indent),
-
b)
-
gases which are flammable under normal pressure in contact with air at ambient temperature (hazard warning R 12, second indent) and which are in a gaseous or supercritical state; or
-
c)
-
liquid flammable or highly flammable substances and preparations which are kept at a temperature above their boiling point.
-
9.
-
Ammonium nitrate (5 000 000/10 000 000): fertilizer capable of self-maintaining decomposition. This applies to ammonium nitrate mixed fertilizers/solid fertilisers (mixed fertilizers/solid fertilisers contain ammonium nitrate with phosphate and/or potash), in which: the nitrogen content derived from ammonium nitrate
-
-
-
Is between 15.75% 1) and 24.5% 2) and which either contains a total of 0.4% combustible organic material or the requirements of Annex II to Council Directive 80 /876/EEC of 15 July 1980 on the approximation of the Legislation of the Member States relating to ammonium nitrate fertilizers of high nitrogen content (OJ L 327, 30.4.2004, p. EC No L 250 p. 7),
-
-
-
no more than 15.75% (3), and shall not be subject to any limitation on combustible material;
and which, according to the United Nations 'trough test ('United Nations Recommendations on the Transport of Dangerous Goods: Manual of Tests and Criteria', Part III, section 38.2), is capable of self-sustainating decomposing. this entry shall be subject to all preparations containing ammonium nitrate which are assigned to group B in accordance with point 5 of Annex I to the Dangerous Substances Regulation (GefStoffV).
-
10.
-
Ammonium nitrate (1 250 000/5 000 000): Fertilizer quality This applies to pure ammonium nitrate fertilisers and ammonium nitrate mixed fertilizers/solid fertilisers in which the nitrogen content derived from ammonium nitrate is
-
-
-
Is, by weight, more than 24.5%, with the exception of mixtures of ammonium nitrate and dolomite, limestone and/or calcium carbonate with a purity of at least 90%,
-
-
-
in the case of mixtures of ammonium nitrate and ammonium sulphate, by weight greater than 15.75%,
-
-
-
in the case of mixtures of ammonium nitrate and dolomite, limestone and/or calcium carbonate with a degree of purity of at least 90% by weight greater than 28% 4),
and which shall comply with the requirements of Annex II to Directive 80 /876/EEC. This entry shall include fertilisers assigned in accordance with point 5 of Annex I to the Group A Hazardous Substances Regulation (Dangerous Substances Regulation), which shall consist of the detonation test.
-
11.
-
Ammonium nitrate (350 000/2 500 000): Technical Quality
-
-
-
for ammonium nitrate and preparations of ammonium nitrate in which the nitrogen content derived from ammonium nitrate
-
-
-
is between 24.5% and 28% by weight and contains no more than 0.4% of combustible substances,
-
-
-
is more than 28% by weight and contains no more than 0.2% of combustible substances,
-
-
-
for aqueous solutions of ammonium nitrate in which the concentration of ammonium nitrate is, by weight, greater than 80%.
This entry shall include all preparations containing ammonium nitrate which are assigned in accordance with point 5 of Annex I to the Dangerous Substances Regulation (GefStoffV) of Group A I, D IV and E.
-
12.
-
Ammonium nitrate (10 000/50 000): Non-specification material ("Off-Specs") and fertilizers that do not pass the detonation test. This applies to
-
-
-
Recovered material from the production process and for ammonium nitrate and preparations of ammonium nitrate, pure ammonium nitrate fertilizers and ammonium nitrate-mixed fertilizers/fertilisers according to Notes 10 and 11, from the end user to a Manufacturers, temporary storage facilities or a reprocessing plant for the purpose of reprocessing, recycling or treatment for safe use have been or have been returned because they meet the requirements of Notes 10 and 11 no more,
-
-
-
Fertilizer referred to in the first indent of Note 9 and Note 10, which do not comply with the requirements of Annex II to Directive 80 /876/EEC.
In addition to the products referred to in the first indent, all fertilizers which do not undergo the detonation test and preparations containing ammonium nitrate shall be included in this registration, which do not include any of the framework compositions of point 5.3 (Table 1) of the Annex I to the Hazardous Substances Ordinance (GefStoffV) do not comply with the requirements of point 5.3 (5), (6) and (7) of Annex I to the GefStoffV, and whose hazard characteristics are not satisfied by the Federal Agency for Materials Research and Testing (Bundesanstalt für Materialforschung und -prüfung) in accordance with point 5.3 (8) of Annex I of Annex I. Have been identified.
-
13.
-
Potassium nitrate (5 000 000/10 000 000): Multi-nutrient fertilizer based on potassium nitrate with potassium nitrate in prilled or granulated form.In the case of fertilisers containing potassium nitrate and ammonium salts, all nitrate ions, for which one equivalent Ammonium ions are present in the form of ammonium nitrate. On the basis of the calculated ammonium nitrate content, corresponding entries for ammonium nitrate and the regulations of the Hazardous Substances Ordinance must be used.
-
14.
-
Potassium nitrate (1 250 000/5 000 000): Multi-nutrient fertilizer based on potassium nitrate with potassium nitrate in crystalline form.In the case of fertilisers containing potassium nitrate and ammonium salts, all nitrate ions for which an equivalent of ammonium ions are present are: is to be considered as ammonium nitrate. On the basis of the calculated ammonium nitrate content, corresponding entries for ammonium nitrate and the regulations of the Hazardous Substances Ordinance must be used.
-
15.
-
The concentration indication refers to the presence of the substance in the intended operation.
-
16.
-
The calculation of the quantities of polychlorodibenzofurans and polychlorodibenzodioxins shall be calculated on the basis of the equivalence factors listed below:
International Toxicity Equivalency Factors (ITEF) according to NATO/CCMS
PolychlorodibenzodioxinePolychlorodibenzofurans
| 2,3,7,8-TCDD |
1 |
2,3,7,8-TCDF |
0.1 |
| 1,2,3,7,8-PeCDD |
0.5 |
2,3,4,7,8-PeCDF |
0.5 |
| |
|
1,2,3,7,8-PeCDF |
0.05 |
| 1,2,3,4,7,8-HxCDD |
0.1 |
1,2,3,4,7,8-HxCDF |
0.1 |
| 1,2,3,6,7,8-HxCDD |
1,2,3,7,8,9-HxCDF |
| 1,2,3,7,8,9-HxCDD |
1,2,3,6,7,8-HxCDF |
| |
|
2,3,4,6,7,8-HxCDF |
| 1,2,3,4,6,7,8-HpCDD |
0.01 |
1,2,3,4,6,7,8-HpCDF |
0.01 |
| |
|
1,2,3,4,7,8,9-HpCDF |
| OCDD |
0.001 |
OCDF |
0.001 |
| (T = tetra, Pe = penta, Hx = hexa, Hp = hepta, O = octa). |
-
1)
-
A nitrogen content of 15.75% by weight, derived from ammonium nitrate, corresponds to 45% ammonium nitrate.
-
2)
-
A nitrogen content of 24.5% by weight, derived from ammonium nitrate, corresponds to 70% of ammonium nitrate.
-
3)
-
A nitrogen content of 15.75% by weight, derived from ammonium nitrate, corresponds to 45% ammonium nitrate.
-
4)
-
A nitrogen content of 28% by weight, derived from ammonium nitrate, corresponds to 80% ammonium nitrate.
Unofficial table of contents
Annex II, minimum information in the safety report
-
-
I.
-
Information on the management system and the organisation of operations with regard to the prevention of disruptThis information shall be in accordance with the principles set out in Annex III.
-
-
II.
-
Environment of the operating area
-
1.
-
Description of the location and its surroundings, including the geographical location, meteorological, geological and hydrographic data, and, where appropriate, the history of the site.
-
2.
-
List of installations and activities within the operational area where there may be a risk of an accident.
-
3.
-
Description of the areas that could be affected by a malfunction.
-
-
III.
-
Description of the asset
-
1.
-
Description of the main activities and products of the safety-related parts of the operational area, the sources of danger which could lead to incidents, and the conditions under which the particular incident could occur, and description the measures provided for the prevention of incidents.
-
2.
-
Description of the processes, in particular the process sequences, using flow images.
-
3.
-
Description of dangerous substances:
-
a)
-
List of dangerous substances, which shall include:
-
-
-
information on the detection of dangerous substances: indication of their chemical name, CAS number, designation according to the IUPAC nomenclature;
-
-
-
the maximum quantity of dangerous substances present or of dangerous substances which may be present;
-
b)
-
physical, chemical and toxicological characteristics, as well as the direct or later effects on man or the environment;
-
c)
-
physical and chemical behaviour under normal conditions of use or in the event of foreseeable disturbances.
-
-
IV.
-
Identification and analysis of the risks of incidents and means to prevent such incidents
-
1.
-
an in-depth description of possible incidents, in addition to their probability or conditions, including a summary of the incidents that might be crucial to the occurrence of each of these scenarios, regardless of whether the causes are located inside or outside the facility.
-
2.
-
Estimation of the extent and seriousness of the consequences of the detected incidents, including maps, images or, if appropriate, descriptions of the areas to be identified by such incidents in the operating range shall be affected, subject to § 11 (3).
-
3.
-
Description of the technical parameters as well as equipment for securing the plants.
-
-
V.
-
Protection and emergency measures to limit the impact of incidents
-
1.
-
Description of the facilities available in the facility to mitigate the effects of incidents.
-
2.
-
Alert plan and organisation of emergency response.
-
3.
-
Description of the means available for emergency inside or outside the operational area.
-
4.
-
For the preparation of the internal alarm and security plans in accordance with § 10 required summary of the facts given under points 1 to 3.
Unofficial table of contents
Annex III Principles of the concept for the prevention of incidents and the safety management system
-
1.
-
The concept for the prevention of incidents shall be completed in writing; it shall include the overall objectives and general principles of the operator's approach to limit the risks of incidents.
-
2.
-
In the security management system, that part of the general management system is to be integrated, to the organizational structure, areas of responsibility, modes of action, procedures, processes and means, that is to say, those for the definition and application the concept of prevention of incidents relevant to accidents.
-
3.
-
The following points are regulated by the security management system:
-
a)
-
Organization and personnel tasks and responsibilities of the personnel involved in preventing incidents and limiting their impact on all levels of organization. To identify the relevant training and training needs and to carry out the necessary training and training measures. Involvement of the employees of the business unit and of the personnel of subcontractors employed in the operational sector.
-
b)
-
Identification and evaluation of the hazards of fault detection and the use of procedures for the systematic investigation of the hazards of incidents in the case of normal and non-intended use, and estimation of the probability, and the seriousness of such incidents.
-
c)
-
Monitoring of the establishment and use of procedures and instructions for safe operation, including maintenance of equipment, procedures, equipment and time-limited interruptions.
-
d)
-
Safe implementation of change-setting and application of procedures for the planning of modifications of existing installations or procedures or for the design of a new plant or a new procedure.
-
e)
-
Planning for the establishment and use of procedures for the identification of foreseeable emergencies due to a systematic analysis and for the preparation, testing and verification of the alarm and security plans in order to respond appropriately in emergencies and in order to be able to provide specific training to the staff concerned. This training must be granted to all employees in the business sector, including the relevant personnel of sub-contractors.
-
f)
-
Monitoring of the performance of the safety management system definition and the application of procedures for the continuous assessment of the achievement of the objectives of the operator in the context of the concept of prevention of incidents and of the security management system, and the establishment of mechanisms for the investigation and correction in the event of failure to achieve these objectives. The procedures shall include the system for reporting incident and near-miss events, in particular in the event of a failure to protect protective measures, the corresponding investigations and the follow-up measures, with the relevant experience being based on the relevant experience.
-
g)
-
Systematic review and evaluation and application of procedures for the regular systematic evaluation of the concept for the prevention of incidents and the effectiveness and adequacy of the safety management system. Verification of the performance of the existing concept and the security management system as well as its updating, which is documented by the management of the operational area.
Unofficial table of contents
Annex IV Information in the alarm and security plans
-
1.
-
The names or operational positions of the persons authorised to take immediate action and the person responsible for the implementation and coordination of the remedial measures on the premises of the operating area.
-
2.
-
The name or operational position of the person responsible for the connection with the authority responsible for the external alarm and security plans.
-
3.
-
For foreseeable circumstances or incidents which may be decisive for the triggering of an incident, in each individual case a description of the measures taken to control such circumstances or circumstances may be taken into account. of these incidents as well as to the limitation of the effects, as well as a description of the available security equipment and means of use.
-
4.
-
Arrangements to limit the risks to persons on the premises of the operating area, including information on the nature of the alert and the behaviour expected by the persons in the event of an alert.
-
5.
-
Arrangements for early warning of the competent authority for the initiation of the measures provided for in the external alert and security plans, the type of information to be communicated at the time of the first notification, and arrangements for the implementation of the measures to be taken in the event of a Transmission of more detailed information as soon as these are available.
-
6.
-
Arrangements for the training and training of staff in the tasks to be carried out by him, and, where appropriate, for the coordination of such training and training with external emergency and rescue services.
-
7.
-
Arrangements to assist remedial action outside the premises of the operational area.
Unofficial table of contents
Annex V Information to the public
-
1.
-
Name of the operator and address of the operating area.
-
2.
-
Nomination of the person responsible for informing the public by name of that person.
-
3.
-
Confirmation that the operating area is subject to the provisions of this Regulation and that the notification according to § 7 (1) or § 20 (1) or (1) or (1a) or (1a) and ( the safety report referred to in Article 9 (1) has been submitted to the competent authority.
-
4.
-
Understandable explanation of the activity/activities in the operational area.
-
5.
-
Common names or, in the case of dangerous substances as defined in Annex I (1) to (10b), the generic name or the general classification of the substances and preparations present in the operating sector, which could result in an accident, their hazard characteristic and the indication of their essential hazard properties.
-
6.
-
General information on the nature of the hazards of incidents, including their possible impact on the population and the environment.
-
7.
-
Sufficient information on how to alert the affected population and to keep informed in the event of an incident.
-
8.
-
Sufficient information as to how the affected population should act and behave in the event of an incident.
-
9.
-
Confirmation that the operator is obliged to do so on the premises of the operating area
-
-
-
in cooperation with the emergency and emergency services, to take appropriate measures to combat incidents and to limit the effects of accidents as far as possible.
-
10.
-
Reference to the external alert and security plans to combat the impact of incidents outside the operating site, with the request to comply with all emergency or rescue arrangements in the event of an incident.
-
11.
-
Details of where further information can be obtained.
Unofficial table of contents
Annex VI notifications
(Fundstelle des Originaltextes: BGBl. I 2005, 1617-1620) Part 1: Criteria
-
-
I.
-
The competent authority shall be notified of any disturbance of the intended holding which falls under point 1 or which has at least one of the consequences described in points 2, 3, 4 and 5.
-
1.
-
Substances involved Any accidental inflammation, explosion or release of a dangerous substance with an amount of at least 5% of the quantity threshold indicated in column 5 of Annex I.
-
2.
-
Damage to persons or homes and landowners An accident in which a dangerous substance is the direct cause of one of the following casualties:
-
a)
-
a death,
-
b)
-
six cases of injury within the operating area with hospitalisation of at least 24 hours,
-
c)
-
a case of injury outside the operating area with hospitalisation of at least 24 hours,
-
d)
-
damage and unusability of one or more apartments outside the operating area,
-
e)
-
Evacuation or inclusion of persons for a duration of more than 2 hours with a value of at least 500 person hours,
-
f)
-
Interruption of the supply of drinking water, electricity or gas or the telephone connection for a duration of more than 2 hours with a value of at least 1,000 person hours.
-
3.
-
Immediate environmental damage
-
a)
-
Long-term or long-term damage to terrestrial habitats
-
-
-
legally protected, for environment or nature protection important habitat: from 0,5 ha,
-
-
-
large-scale living space, including agricultural land: from 10 ha.
-
b)
-
Significant or long-term damage to habitats in surface waters or in the sea 1)
-
-
-
River, canal, creek: from 10 km,
-
-
-
Lake or pond: from 1 ha,
-
-
-
Delta: from 2 ha,
-
-
-
Sea or coastal area: from 2 ha.
-
c)
-
Substantial damage to ground water 1)
-
-
-
from 1 ha.
-
4.
-
Property damage
-
a)
-
Property damage in the operating sector: from 2 million Euro,
-
b)
-
Material damage outside the operating range: from EUR 0.5 million.
-
5.
-
Cross-border damage Every accident caused directly by a dangerous substance, with consequences that go beyond the territory of the Federal Republic of Germany.
-
II.
-
A disturbance of the intended operation, which is of particular importance from a technical point of view with regard to the prevention of accidents and the limitation of its consequences, but which does not meet the above quantitative criteria, is the competent authority.
-
III.
-
A disturbance of the intended operation in which substances are released in accordance with Annex I or which come to an adverse reaction and thereby cause damage or danger to the general public or to the neighbourhood. shall be notified to the competent authority.
Part 2: Content
Notice pursuant to § 19 (2)
1. General information
1.1 Classification of the event referred to in Annex VI, Part 1
--- ---
I. II. I I III. I I
--- ---
--- --- --- --- ---
I I I I I I I I I I I I I I I I I 4a I I I I I
--- --- --- --- ---
--- --- ---
I I 2b I I 3b I I 4b
--- --- ---
--- ---
I I 2c I I I 3c
--- ---
---
I 2d
---
---
I I 2e
---
---
I I 2f
---
1.2 The name and address of the operator:
1.3 Date and time (beginning/end) of the event:
Day Month Hour
---------------------------------------------
I I I I
---------------------------------------------
1.4 Location of the event (postal code, address, federal state):
1.5 Operating range (Art, industry based on designation
the 4. BImSchV):
.............................................................
Operating range is: ---
I I Basic obligations
---
---
I I Extended duties
---
1.6 Gestörter part of the operating range:
1.7 Status of the written notice pursuant to § 19 (2):
---
I I Initial Communication
---
---
I I supplement or corrigendum
---
---
I I Final Communication
---
2. Type of event and substances involved
2.1 Type of event:
2.1.1 ---
I I Explosion a) Releasing Substances
--- (b) Released Substances
2.1.2 ---
I I Brand a) Substances on fire
--- (b) Resulting Substances
2.1.3 ---
I I substance release into the a) released substances
--- Atmosphere b) Resulting Substances
2.1.4 ---
I I substance release in a) Released substances
--- Waters b) Resulting Substances
2.1.5 ---
I I substance release in the (a) released substances
--- Soil (b) Resulting Substances
2.2 Substances Involved 2)
-------------------------------------------------------------------
I chem. I (a) Source-I CAS-No I No of the I quantities-
I NAME I PRODUCT I I SUBSTANCE I INDICATION I
I I (b) Between-I I or I in I
I I product I I substance-I kg 3) I
I I (c) Final product I I Category I I
I I (d) Next to I I to I I
I I product I I Annex I I I I
I I (e) residue I I I I
I I (f) I I I I I
I I substance I I I I
I ----------------------------------------------------------------- I
I substance 1 I I I I I
I substance 2 I I I I I
I ... I I I I
I ... I I I I
I ... I I I I
I ... I I I I
I ... I I I I
I substance x I I I I I
-------------------------------------------------------------------
3. Description of the circumstances of the event
3.1 Operating conditions of the disturbed plant part:
3.2 Triggering event and expiration of the incident:
3.3 Function of the security system, introduction of
Security measures:
3.4 Ambient and atmospheric conditions (precipitation,
Wind speed, stability classes):
3.5 Note to similar previous events in the
Operating range:
4. Reason description
4.1 Cause of the event:
---
I I Cause Known
---
---
I I Investigations continue
---
---
I I cause after completion of the investigation is not eluctable
---
Description/Explanation: ................................
4.2 Causes classification:
---
I I operating
---
---
I I human error
---
---
I I environment
---
---
I I Other ..............................................................
---
5. Type and extent of damage 4)
5.1 within the operating range
5.1.1 Personal Injury:
(employees/operational staff)
--------------------------------------------------------------------
I I Explosion I Brand I Release I
I ------------------------------------------------------------------ I
I Dead: I//I//I//I
I ------------------------------------------------------------------ I
I Injured: I I I I
I outpatient treatment I///I//I//I
I stationary treatment I//I///I//I
I ------------------------------------------------------------------ I
I Persons with I I I I
I Poisoning: I I I I
I outpatient treatment I///I//I//I
I stationary treatment I//I///I//I
--------------------------------------------------------------------
--- ---
5.1.2 Other impairment of persons: I I I I no
--- ---
Type of impairment/duration: ..............................
Number of persons: .........................................................
--- ---
5.1.3 Material Damage: I I I I no
--- ---
Type: ..................... Estimated Cost: ................
--- ---
5.1.4 Environmental Damage: I I I I no
--- ---
Type: ..................... Scope: ...........................
Estimated Cost: ...........................................
5.1.5 ---
I I The danger no longer exists.
---
---
I I The danger is still there.
---
---
I I Type of danger: .......................................
---
5.2 outside the operating range
5.2.1 Personal Injury:
(Employees/People/Population)
--------------------------------------------------------------------
I I Explosion I Brand I Release I
I ------------------------------------------------------------------ I
I Dead: I/I/I/I
I ------------------------------------------------------------------ I
I Injured: I I I I
I ambulant treatment I/I/I/I
I Stationary treatment I/I/I/I
I ------------------------------------------------------------------ I
I Persons with I I I I
I Poisoning: I I I I
I ambulant treatment I/I/I/I
I Stationary treatment I/I/I/I
--------------------------------------------------------------------
--- ---
5.2.2 Other impairment of persons: I I I I no
--- ---
Type of impairment/duration: ..............................
Number of persons: .........................................................
--- ---
5.2.3 Sachdamages: I I yes I I no
--- ---
Type: ..................... Estimated Cost: ................
--- ---
5.2.4 Environmental Damage: I I I I no
--- ---
Type: ..................... Scope: ...........................
Estimated Cost: ...........................................
--- ---
5.2.5 Disruption of public supply: I I I I no
--- ---
Type: ..................... Scope/duration: .....................
Estimated Cost: ...........................................
--- ---
5.2.6 Cross-border damage: I I I I no
--- ---
Type: ..................... Scope: ...........................
Estimated Cost: ...........................................
--- ---
5.2.7 Danger still exists: I I I I no
--- ---
Type: ..................... Scope: ...........................
6. Emergency Response
6.1 During and after the event, protective measures
(inside and outside the operating area):
6.2 Measures for the elimination of property damage (within and
outside of the operating range):
6.3 Measures for the elimination of environmental damage (within and
outside of the operating range):
6.4 Measures of external security forces
6.4.1 Safeguard measures:
6.4.2 Evacuation:
6.4.3 Decontamination:
Refurbishment:
7. Follow-up for the improvement of plant safety
7.1 Precautions to avoid similar incidents:
7.2 Precautions for the limitation of the effects of accidents
(inside and outside the operating area):
8. timetable for the implementation of the measures:
........................... ...........................
Place, Date Signature
----------
-
1)
-
In order to determine a damage, to Directive 75 /440/EEC and 76 /464/EEC and to Directives 76 /160/EEC, 78 /659/EEC or 79 /923/EEC adopted for their application to certain substances, or to the value of the lethal concentration (LC50 value) for the representative species of the damaged environment, as defined in Directive 92/32/EEC on the criterion 'dangerous for the environment'.
-
2)
-
To the extent that information on low-volume quantities of substances is not made, please explain in the comments on no. 3.2.
-
3)
-
As far as calculation is not possible, estimate the estimate.
-
4)
-
Description taking into account the criteria in Part I of the Annex.
Unofficial table of contents
Annex VII (omitted)
-
