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Twenty-sixth Ordination on the Implementation of the Federal Immission Protection Act

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

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Twenty-sixth regulation implementing the Federal Immission Control Act (Ordination on electromagnetic fields-26. BImSchV)

Unofficial table of contents

26. BImSchV

Date of completion: 16.12.1996

Full quote:

" Regulation on electromagnetic fields in the version of the announcement of 14 August 2013 (BGBl. I p. 3266) "

Status: New by Bek. v. 14.8.2013 I 3266

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 1. 1.1997 + + +) Unofficial table of contents

§ 1 Scope

This Regulation shall apply to the establishment and operation of high-frequency installations, low-frequency installations and direct-current installations as referred to in paragraph 2. It shall contain requirements for the protection of the general public and of the neighbourhood against harmful substances. Environmental impacts and to prevent harmful environmental impacts from electrical, magnetic and electromagnetic fields. The Regulation does not take into account the effects of electric, magnetic and electromagnetic fields on electrically or electronically operated implants. (2) For the purposes of this Regulation:
1.
High-frequency installations: fixed installations producing electromagnetic fields in the frequency range from 9 kilohertz to 300 gigahertz, except for installations which generate broadband electromagnetic pulses and serve the purpose of national defence,
2.
Low-frequency installations: fixed installations for the reloading and transmission of electricity with a nominal voltage of 1 000 volts or more, including railway and rail-current pipelines and other comparable systems in the frequency range of 1 Hertz up to 9 kilohertz,
3.
Direct current systems: fixed installations for the transmission, switching and redirection, including the switching fields, of direct current with a nominal voltage of 2 000 volts or more.
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§ 2 High-frequency installations

(1) High-frequency installations with an equivalent level of isotropic radiation (EIRP) of 10 watts or more shall be constructed and operated in such a way as to protect against harmful environmental impacts in such a way as to achieve a lasting impact on the environment in places that are or temporary residence of persons, at the highest level of operational plant utilization
1.
the limit values for the frequency range specified in Annex 1a and 1b shall not be exceeded, taking into account immissions, by other fixed-frequency fixed-frequency installations and low-frequency installations referred to in Annex 2; and
2.
in the case of pulsed electromagnetic fields, the criteria laid down in Annex 3 are also complied with.
The same applies to a high-frequency system with an equivalent isotropic radiation power (EIRP) of less than 10 watts if it is located at a site according to Article 2 (3) of the Regulation on the detection method for limiting electromagnetic radiation Fields of 20 August 2002 (BGBl. 3366), as last amended by Article 3 (20) of the Law of 7 July 2005 (BGBl I). 1970), in the current version, with an equivalent isotropic radiation power (EIRP) of the high-frequency installations (total radiation power) of 10 watts or more, available there, or if this is done by means of the the total radiation power of 10 watts is reached or exceeded. The second sentence shall not apply to high-frequency installations which have an equivalent isotropic radiation power (EIRP) of 100 milliwatts or less. (2) Short-term exceedances of those referred to in the first sentence of the first sentence of paragraph 1, including in conjunction with the second sentence of paragraph 1, shall be: the limits of a temporary danger to public security and public order or to the protection of the security of the State shall not be taken into consideration. Unofficial table of contents

§ 3 Low-frequency installations

(1) In order to protect against harmful environmental effects, low-frequency installations, which have been established before 22 August 2013, shall be operated in such a way as to ensure that they are placed in places which are not only temporarily resident in humans. shall not exceed the limit values set out in Annex 1a at the highest level of plant utilization, with low-frequency installations having a frequency of 50 hertz half of the limit value of the magnetic field referred to in Annex 1a Do not exceed flow density. Unless sufficient evidence exists in individual cases for nuisances caused in particular by contact stresses, which are unreasonable for the neighbourhood according to the nature, extent or duration of the situation, it shall not be possible to consider:
1.
short-term exceedances of the limit values set out in the first sentence in conjunction with Annex 1a by no more than 100 per cent with a duration of not more than 5 per cent of an assessment period of one day; and
2.
Small-scale exceedances of the limit values of the electric field strength as set out in the first sentence in conjunction with Annex 1a, by no more than 100 per cent outside buildings.
(2) In order to protect against adverse environmental impacts, low-frequency installations, which are to be built after 22 August 2013, must be constructed and operated in such a way that, in the event of the highest level of operational plant utilization, they are located in places that are for the temporary residence of persons not exceeding the limit values set out in Annex 1a, in which low-frequency installations with a frequency of 50 hertz shall not exceed half of the limit value of the magnetic field referred to in Annex 1a Do not exceed flow density. Existing authorisations and planning decisions shall remain unaffected. (3) In determining the electric field strength and the magnetic flux density referred to in paragraphs 1 and 2, all immissions shall be taken into account by other Low-frequency installations as well as stationary high-frequency installations with frequencies between 9 kilohertz and 10 megahertz, which are a location certificate according to § § 4 and 5 of the Ordination on the detection method for the limitation of electromagnetic fields in accordance with Annex 2a. (4) Effects such as spark discharges also between People and conductive objects are to be avoided if they can lead to significant annoyances or damage. Unofficial table of contents

§ 3a DC systems

In order to protect against adverse environmental effects, direct-current installations must be constructed and operated in such a way that, in their area of impact, in places designated for permanent or temporary residence by humans, at the highest operational level, Asset Utilization
1.
the limit value of the magnetic flux density referred to in Annex 1a shall not be exceeded, and
2.
Effects such as spark discharges can also be avoided between persons and conductive objects, which can lead to considerable annoyances or damage.
All relevant immissions shall be taken into account. Unofficial table of contents

§ 4 Requirements for the provision of care

(1) For the purpose of the provision, a substantial modification of low-frequency facilities close to housing, hospitals, schools, kindergartens, children's horns, playgrounds or similar facilities may be carried out only if these buildings are used in these buildings or, by way of derogation from Article 3 (1), second sentence, the maximum effective electric field strength and magnetic flux density shall comply with the requirements laid down in the first sentence of Article 3 (1). The precautionary requirements arising from the Regulation on electromagnetic fields, as amended on 16 December 1996, shall continue to apply to low-frequency installations established or substantially modified after 16 December 1996. (2) and significant changes in low-frequency installations and direct-current systems, the possibilities of using electrical, magnetic and electromagnetic fields originating from the respective installation according to the state of the art are to be exploited under To minimize the consideration of circumstances in the impact area. The more detailed rules are laid down in accordance with § 48 of the Federal Immission Control Act. (3) Low-frequency installations for the transmission of electricity with a frequency of 50 Hz and a nominal voltage of 220 kilovolts and more, which are in a new The building or parts of the building must not be overstretched, which are intended for the permanent residence of people. Existing authorisations and planning approval decisions, as well as the planning and planning approval procedures requested by 22 August 2013, for which a complete application was submitted at this time, shall remain unaffected. Unofficial table of contents

§ 5 Determination of the field strength and flux density values

Measuring instruments, measurement and calculation methods used in the determination of the electric and magnetic field strength and magnetic flux density, including the consideration of existing immissions, shall be subject to the status of the measurement and Calculation technique. The measurement and calculation methods of DIN EN 50413 (issue August 2009) are to be used to the extent that they can be used by VDE-Verlag GmbH or Beuth Verlag GmbH, both Berlin, and secured by the German Patent and Trademark Office in the archive. is laid down. Measurements shall be carried out on the places of impact, which are relevant in accordance with § § 2, 3 or 3a, with the greatest exposure in each case. They are not required if the compliance with the limit values can be determined by calculation methods. Unofficial table of contents

§ 6 Further requirements

Any further requirements arising from other legislation, in particular electromagnetic compatibility and telecommunications legislation, shall remain unaffected. Unofficial table of contents

§ 7 Display

(1) The competent authority shall be entitled, pursuant to Articles 9, 11 and 12 of the Regulation, to the operator of a stationary radio system which serves private or commercial purposes or which is used in the context of economic undertakings. verification procedures for the limitation of electromagnetic fields and the location certificates issued in accordance with Article 5 of the aforementioned Regulation, including the application documents submitted in accordance with Article 4 (5) of the aforementioned Regulation, at the Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railways shall, in so far as they are necessary for the performance of their duties, be required to carry out this Regulation. The Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railways shall make the data available to the competent authority electronically at the latest one week after receipt by the competent authority. (2) The operator of a low-frequency installation with a The nominal voltage of 110 kilovolts and more or of a direct current system shall be notified to the competent authority at least two weeks before the entry into service or a substantial change, to the extent that:
1.
the plant is situated on a plot of land in the area of a development plan or within a built-up district or on a land in the external area built with residential buildings, or crosses such land and
2.
the installation or its substantial modification does not require a permit, plan or other regulatory decision in accordance with other legislation, taking into account the requirements of the protection of immission.
In the case of lines, it is sufficient to indicate those line sections for which the conditions set out in the first sentence are available. (3) In the case of advertisements referred to in paragraph 2, the operator shall indicate the data relevant to the installation and shall attach a map to the display. The operator of a low-frequency system with a nominal voltage of less than 110 kilovolts shall have the relevant data and a map for those line sections for which the conditions referred to in the first sentence of the second and second sentence of paragraph 2 are met. and to submit it without delay to the competent authority upon request. Unofficial table of contents

Section 7a Participation of local authorities

The municipality, in whose territory the high-frequency installation is to be built, will be heard by the operators in the selection of locations for high-frequency installations, which will be established after 22 August 2013. It shall be given the opportunity to deliver an opinion and to discuss the construction measure in good time. The results of the participation shall be taken into account. Unofficial table of contents

Section 8 Approval of exceptions

(1) The competent authority may, upon request, grant exemptions from the requirements of Sections 2, 3 and 3a, in so far as the special circumstances of the individual case, in particular the nature and duration of the plant utilization and the actual duration of the installation, are taken into account. (2) The competent authority may allow exceptions to the requirements of § 4, in so far as the requirements of § 4 are to be met in individual cases. are disproportionate. Unofficial table of contents

§ 9 Administrative Offences

Contrary to the provisions of Section 62 (1) No. 7 of the Federal Immission Protection Act, who intentionally or negligently acts
1.
Contrary to § 2, sentence 1, also in connection with sentence 2, contrary to § 3 (1) sentence 1 or paragraph 2 sentence 1, or contrary to § 3a sentence 1, a facility referred to there is established or operated,
2.
, contrary to Article 4 (1), substantially changes a low-frequency system,
3.
Contrary to § 7 (2) sentence 1 or contrary to § 10 (2), an advertisement is not, not correct, not fully or not reimbursed in good time.
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Section 10 Transitional provisions

(1) Low-frequency installations with a frequency of 16.7 Hertz, which have been established before 22 August 2013, shall be operated until 22 August 2018 in such a way as to ensure that they are in place in places not only temporarily staying in In the case of the highest level of plant utilization, people are determined to not exceed twice the limit value of the electric field strength specified in Annex 1a. (2) If direct current systems are already operated on 22 August 2013, the display shall be of the holding pursuant to § 7 (2) to 23 September 2013. If the establishment has already been started before 22 August 2013, however, the holding shall not be carried out until 23 September 2013, the indication of the holding shall take place within four weeks after the start of the operation in accordance with Section 7 (2). Unofficial table of contents

Annex 1 (to § § 2, 3, 3a, 10)

(Fundstelle: BGBl I 2013, 3270)






Frequency (f) Limit values in Hertz (Hz) Electric field strength in kilovolt per meter (kV/m) (Effective) Magnetic flux density in Mikrotesla (µ T) (effective)
0 - 500
1-8 5 40 000 /f 2
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 1b Frequency (f) in megahertz (MHz) limit values, quadratically averaged over 6-minute intervals Electric field strength in volts per meter (V/m) (effective) Magnetic field strength in Ampere per meter (A/m) (effective)
0.1-1 87 0 ,73 /f
1-10 87 /f 1/2 0 ,73 /f
10-400 28 0.073
400-2 000 1.375 f 1/2 0.0037 f 1/2
2 000-300 000 61 0.16
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Annex 2 (to § § 2, 3)
Consideration of immission contributions of other installations

(Fundstelle: BGBl I 2013, 3271) Annex 2aImmission contributions of the electric and magnetic fields of all low-frequency installations and of high-frequency installations with frequencies between 9 kHz and 10 MHz must meet the following conditions: electrical Fields:
with
IE, i=immission contribution of the electric field at frequency i in the range from 1 Hz to 10 MHz,
GE, i = limit of electric field strength at frequency i in the range of 1 Hz to 10 MHz, according to Annex 1aMagnetic fields:
with
IM, i=immission contribution of the magnetic field at frequency i in the range from 1 Hz to 10 MHz,
GM, i = limit of the magnetic flux density at frequency i in the range of 1 Hz to 10 MHz, in accordance with Annex 1a in conjunction with § 3

Annex 2bImmission contributions of the electrical and magnetic fields of high-frequency installations with frequencies > 100 kHz must also fulfil the following conditions: electrical fields:
with
IE, j = the immission contribution of the electric field at frequency j in the range from 100 kHz to 300 GHz (quadratically averaged over 6-minute intervals),
GE, j = limit value of the electric field strength at frequency j in the frequency range from 100 kHz to 300 GHz (quadratically averaged over 6-minute intervals), according to Annex 1bMagnetic fields:
with
IM, j = the immission contribution of the magnetic field at frequency j in the range from 100 kHz to 300 GHz (quadratically averaged over 6-minute intervals),
GM, j = limit value of the magnetic field strength at frequency j in the frequency range from 100 kHz to 300 GHz (quadratically averaged over 6-minute intervals), in accordance with Annex 1b. Unofficial table of contents

Annex 3 (to § 2)

(Fundstelle: BGBl I 2013, 3272)

Pulsed fields of high-frequency systems In the case of pulsed electromagnetic fields in the frequency range from 9 kHz to 100 kHz, the peak value for the electric field and the magnetic field strength must not exceed 1.5 times the values of Annex 1a. In the case of pulsed electromagnetic fields in the frequency range above 100 kHz to 10 MHz, the peak value for the electric field strength and the magnetic field strength can be the 6.93 f 0.664 -not exceeding the values of Annex 1b (f in MHz). In the case of pulsed electromagnetic fields in the frequency range above 10 MHz to 300 GHz, the peak value for the electric field and the magnetic field strength may be 32 times the values of the Annex. 1b shall not exceed.