Twenty-Sixth Ordinance For The Implementation Of The Federal Immission Control Act

Original Language Title: Sechsundzwanzigste Verordnung zur Durchführung des Bundes-Immissionsschutzgesetzes

Read the untranslated law here: http://www.gesetze-im-internet.de/bimschv_26/BJNR196600996.html

Twenty-sixth Ordinance for the implementation of the Federal Immission Control Act (regulation on electromagnetic fields - 26 BImSchV) 26 BImSchV Ausfertigung date: 16.12.1996 full quotation: "regulation on electromagnetic fields in the version of the notice from 14 August 2013 (Gazette I p. 3266)" stand: Neugefasst by BEK. v. 14.8.2013 3266 for more information on the stand number you find in the menu see remarks footnote (+++ text detection from: 1 1.1997 +++) § 1 scope of application (1) this Regulation applies to the construction and operation of high frequency, low frequency and DC installations referred to in paragraph 2. It contains requirements for the protection of the public and the neighbourhood against harmful environmental influences and to the prevention of adverse environmental impacts by electric, magnetic, and electromagnetic fields. The regulation takes account of the effects of electric, magnetic and electromagnetic fields on electrically or electronically operated implants.
(2) for the purposes of this Regulation: 1. high-frequency equipment: fixed installations, which generate electromagnetic fields in the frequency range from 9 kHz to 300 GHz, are plants that produce broadband electromagnetic pulses and of national defence 2. low frequency systems are used,: fixed installations for transformation and transmission of electricity with a nominal voltage of 1 000 v or more, including Bahnstromfern - and overhead rail power lines and other comparable systems in the frequency range 1 Hz to 9 kHz , 3. direct line: fixed installations for propagation, wrapping and change direction, including buttons, by direct current with a voltage of 2 000 volts or more.

High-frequency equipment (1) to protect against adverse environmental impacts are section 2 to construct high-frequency with an equivalent isotropic radiated power (EIRP) of 10 Watts or more and to run, that in their sphere of influence in places, for permanent or temporary residence of people definitely are at highest operating system load 1 in annex 1a and 1B specific limits for the respective frequency range under consideration of emissions by other fixed equipment of high-frequency and low-frequency installations listed in annex 2 are not exceeded and 2. for pulsed electromagnetic fields are observed in addition the criteria laid down in annex 3.
The same is true for a high frequency system with an equivalent isotropic radiated power (EIRP) of less than 10 Watts, if this site in accordance with § 2 number 3 of the Ordinance on the detection methods to limit electromagnetic fields of 20 August 2002 (BGBl. I S. 3366), most recently by article 3 paragraph 20 of the Act of July 7, 2005 (BGBl. I S. 1970) has been modified , will be built in the current version, with an equivalent isotropic radiated power (EIRP) of existing RF systems (total radiated power) of 10 Watts or more, or if through this the total radiated power of 10 Watts is met or exceeded. Sentence 2 shall not apply for RF systems, which have an equivalent isotropically radiated power (EIRP) of 100 milliwatts or less.
(2) short-term exceedances of pursuant to paragraph 1 sentence 1 No. 1, also in conjunction with paragraph 1 sentence 2, to these limits due to a temporary danger for public safety and order or to protect of the safety of the State remain unconsidered.

§ 3 low-frequency equipment (1) to protect against adverse environmental impacts are low frequency systems that have been built before August 22, 2013, to operate, that they do not exceed the limit values laid down in annex 1a within their sphere of influence in places that are intended to not only a temporary stay of people at highest operating asset utilization, where low-frequency equipment shall not exceed half of the limit listed in annex 1a of the magnetic flux density at a frequency of 50 Hertz. Stay, where not in each case sufficient evidence for nuisances caused particularly by touch voltages exist, which are unreasonable, short out of account 1 overruns of the limit pursuant to sentence 1 in conjunction with annex 1a to not more than 100% with a duration of not more than 5 per cent of an assessment period of a day type, extent or duration for the neighborhood and 2. small-scale overruns the limit values of the electric field strength pursuant to sentence 1 in conjunction with annex 1a to not more than 100 per cent outside of buildings.
(2) the protection against adverse environmental impacts are low frequency systems, which built the 22 August 2013 are to build and operate, that they do not exceed the limit values laid down in annex 1a at highest operating system load within their sphere of influence in places that are intended to not only a temporary stay of people, where low-frequency equipment shall not exceed half of the limit listed in annex 1a of the magnetic flux density at a frequency of 50 Hertz. Existing permits and zoning decisions remain unaffected.
(3) when calculating the electric field strength and magnetic flux density according to paragraph 1 and paragraph 2, all emissions are taken into account by other low frequency systems as well as in accordance with Annex 2a resulting from fixed radio frequency systems with frequencies between 9 kHz and 10 megahertz, which a site certificate require according to sections 4 and 5 of regulation the detection methods to limit electromagnetic fields.
(4) effects such as spark discharges between people and conductive objects should be avoided, if they can lead to significant disturbance or damage.

DC power systems § 3a DC power systems to protect against adverse environmental impacts are to build and operate, that within their sphere of influence in places which are intended for permanent or temporary residence of people at highest operating system load 1 of referred to in annex 1a of the magnetic flux density limit, and effects such as spark discharges between persons and conductive objects cause significant disturbance or damage can result in 2. , be avoided.
All relevant emissions are taken into account.

§ May only be done a significant change 4 requirements for provision (1) for the purpose of interest of low frequency systems close by apartments, hospitals, schools, kindergartens, children hoarding, playgrounds or similar establishments, if these buildings or on this land by way of derogation from article 3, paragraph 1, sentence 2 the maximum RMS values of electric field strength and magnetic flux density meet the requirements according to § 3, paragraph 1, sentence 1. For low-frequency systems that were built or significantly modified after December 16, 1996, the precautionary requirements of the Ordinance on electromagnetic fields in the version of 16 December 1996 on shall continue to apply.
(2) when installing and significant modification of low frequency systems as well as power plants are to exploit the possibilities, according to the State of the art, taking into account circumstances in the sphere of influence to minimize the electrical, magnetic, and electromagnetic fields emitted by the relevant appendix. The further lays down an administrative provisions in accordance with section 48 of the Federal Immission Control Act.
(3) low-frequency equipment for the transmission of electricity with a frequency of 50 Hz and a voltage of 220 kilovolts, and more being built in a new alignment, may not span buildings or parts of buildings, which are designed for the permanent stay of people. Existing permits and zoning decisions and planning - requested by 22 August 2013 and plan approval procedure, for which there was a complete application at this time, remain unaffected.

Article 5 calculation of field intensity and flux density values measuring instruments, measurement and calculation methods used in determining the electric and magnetic field strength and magnetic flux density including consideration of existing emissions, comply with the State of measurement and calculation technology. If applicable the measuring and calculation procedures of the DIN EN 50413 (August 2009 Edition) to be entered, which is laid down in terms of archive secured the VDE-Verlag GmbH or the Beuth Verlag GmbH, both Berlin, obtaining and the German patent and Trademark Office. Measurements are to the under §§ 2, 3 or 3a perform relevant exposure to places with the respectively highest exposure. You are not required, if the compliance with the limit values can be determined by calculation.

§ 6 additional requirements additional requirements on the basis of other legislation, in particular legislation relating to electromagnetic compatibility and telecommunications law, remain unaffected.

§ 7 display
(1) the competent authority shall be entitled, which applies, according the articles 9, 11 and 12 of regulation the detection methods to limit electromagnetic fields data as well as the location certificates granted under article 5 of the abovementioned regulation, including the application documents submitted according to § 4 paragraph 5 of the abovementioned regulation by the operator of a fixed radio communication equipment which is intended for private or commercial purposes, or in the framework of economic activities , with the Federal Network Agency for electricity, gas, telecommunications, post and railways to get as far as the exercise of their functions to the enforcement of this regulation is necessary to. The Federal Network Agency for electricity, gas, telecommunications, post and railways provides the competent authority the data pursuant to sentence 1 no later than one week after receipt of electronically available.
(2) the operator of a low frequency system with a rated voltage of 110 kV and more or a DC system has this the competent authority at least two weeks prior to start-up or a substantial change to show, as far as 1 is located on a plot of land in the area of a development plan or within a part built in the context or on a plot outside built-up with residential buildings or crossing such plots, and 2. the system or their significant change not a permit , Zoning or other regulatory decision under other legislation requires of the Immissions protection requirements are taken into account.
For lines, the display of those line sections, for which the requirements are met pursuant to sentence 1 is sufficient.
(3) in the case of ads referred to in paragraph 2, the operator should specify the data relevant for the system and attach a map to display. The operator of a low frequency system with a nominal voltage of less than 110 kilovolts has for those line sections, for which the conditions set are available 1 number 1 and 2 referred to in paragraph 2, to provide the relevant data, as well as a map and to submit without delay the competent authority upon request.

§ 7a participation of municipalities the municipality in whose area the high frequency system to be built, is in the selection of locations for high-frequency systems, which are built after August 22, 2013, owned by the operator. She gets the opportunity to comment and to discuss the construction project in a timely manner. The results of participation are taken into account.

Section 8 approval of exceptions (1) the competent authority may request exceptions to the requirements of sections 2, 3 and 3a admit, as far as taking into account the special circumstances of the case, in particular the type and duration of asset utilization and actual residence of persons in the sphere of influence of the installation, adverse environmental impacts are not expected.
(2) the competent authority may allow exceptions to the requirements of section 4, provided that the requirements of article 4 in the case are disproportionate.

Article 9 offences any person within the meaning of article 62, paragraph 1 No. 7 of the Federal Immission Control Act is, who intentionally or negligently to 1 contrary to § 2 sentence 1 in conjunction with sentence 2, § 3, paragraph 1, sentence 1 or paragraph 2 sentence 1 or contrary to section 3a, sentence 1 a there called plant constructed or operates, 2. contrary to § 4 paragraph 1 significantly changes a low frequency system , 3. contrary to article 7, paragraph 2, sentence 1 or contrary to article 10 paragraph 2 a display not, incorrectly, incompletely or not timely reimbursed.

Section 10 transitional provisions (1) are low-frequency systems with a frequency of 16.7 Hertz, that have been built before August 22, 2013, to operate, that they do not exceed twice the limit referred to in annex 1a of the electric field strength within their sphere of influence in places that are intended to not only a temporary stay of people at highest operating system load by August 22, 2018.
(2) DC power plants already operate on the 22 August 2013, so the display operation has according to § 7 paragraph 2 until September 23, 2013 to be carried out. Its construction already before 22 August 2013 started, operation is only before 23 September 2013, display operation has to be carried out according to § 7 paragraph 2 within four weeks after commissioning.

Annex 1 (to sections 2, 3, 3a, 10) (site: Federal Law Gazette I 2013, 3270) frequency in Hertz (Hz) limits electric field strength in kilovolts per metre (kV/m) (effectively) magnetic flux density in micro Tesla (µT) (f) (effectively) 0-500 1 - 8 5 40 000 / f2 8-25 5 5 000 / f 25 - 50 5-200 50-400 250 f 200 400 3 000 250/f 80 000 / f 3 000-10 000 000 0.083 27 annex 1 b frequency in megahertz (MHz) limits (f) , square averaged over 6-minute intervals electric field strength in volts per meter (V/m) (effectively) magnetic field strength in amperes per meter (A/m) (effectively) 0.1 - 1 87 0.73/f 1-10 87/f1/2 0.73/f 10-400 28 0.073 400 to 2 000 1.375 f1/2 0,0037 f1/2 2 000-300 000 61 0.16 Annex 2 (§§ 2, 3) consideration of emission contributions of other facilities (site : Federal Law Gazette I 2013, 3271) Annex 2a emission contributions of the electric and magnetic fields of all low frequency systems and RF systems with frequencies between 9 kHz and 10 MHz must satisfy the following conditions: electric fields: with IE, i Immissions contribution of the electric field at the frequency i in the range of 1 Hz = up to 10 MHz, GE, i = the electrical field strength at frequency i in the range of 1 Hz to 10 MHz , annex 1a magnetic fields: IN the, i = Immissions contribution of the magnetic field at the frequency i in the range from 1 Hz to 10 MHz, GM, i limit of the magnetic flux density at the frequency i in the range from 1 Hz to 10 MHz, in accordance with annex 1a in conjunction with § 3 = Annex 2B emission contributions of the electric and magnetic fields by RF systems with frequency > 100 kHz must meet in addition the following conditions : Electric fields: with IE, j = Immissions contribution of the electric field at frequency j in the range of 100 kHz to 300 GHz (square averaged over 6-minute intervals), GE, j = limit of the electric field strength at frequency j in the frequency range from 100 kHz to 300 GHz (square averaged over 6-minute intervals), in accordance with annex of 1B magnetic fields: IN the, j = Immissions contribution of the magnetic field at the frequency of j in the range from 100 kHz to 300 GHz (square averaged over 6-minute intervals) , GM, j = the magnetic field strength at frequency j in the frequency range from 100 kHz to 300 GHz (square averaged over 6-minute intervals), referred to in annex 1B.

Annex 3 (to section 2) (reference: Federal Law Gazette I 2013, 3272) pulsed fields of RF systems in pulsed electromagnetic fields in the frequency range of 9 kHz to 100 kHz the peak value for the electric and the magnetic field strength not to exceed 1.5 times the values of set out in annex 1a.
In pulsed electromagnetic fields in the frequency range 100 kHz to 10 MHz the peak value for the electric and the magnetic field strength of the 6.93 f0 may 664-times not exceed the values of set out in annex 1B (f in MHz).
In pulsed electromagnetic fields in the frequency range of 10 MHz to 300 GHz peak for the electric and the magnetic field strength shall not exceed 1 b 32 x the values of set out in annex.