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

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

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Twenty-sixth Ordinance on the Implementation of the Federal Immission Protection Act (Ordinance on electromagnetic fields-26. BImSchV)

Non-official table of contents

26. BImSchV

Date of delivery: 16.12.1996

Full quote:

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

:Recaught by Bek. v. 14.8.2013 I 3266

For details, see Notes

Footnote

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

§ 1 Scope

application (1) This Regulation applies to the establishment and operation of high-frequency installations, Low-frequency installations and direct-current systems referred to in paragraph 2. It contains requirements for the protection of the general public and the neighbourhood against harmful environmental effects and for the prevention of harmful environmental effects by 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, which are electromagnetic Generating fields in the frequency range from 9 kilohertz to 300 gigahertz, except for installations that generate broadband electromagnetic pulses and serve the national defence,
2.
Low-frequency equipment: fixed-position retension and transmission systems with a rated voltage of 1 000 volts or more, including railway current-and Railway and other comparable systems in the frequency range of 1 Hertz to 9 Kilohertz,
3.
DC systems: fixed installations for the transmission, Redirection 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 isotropic radiation power (EIRP) of 10 watts or more are to be built and operated in such a way as to protect against harmful environmental impacts in such a way that: their impact area in places intended for permanent or temporary stay of people, at the highest operational level of plant utilization
1.
the limits specified in Annex 1a and 1b for the respective frequency range, taking into account immissions by other fixed-frequency fixed-frequency installations, and Low-frequency installations in accordance with Annex 2 are not exceeded and
2.
in the case of pulsed electromagnetic fields, in addition to the criteria set out in Annex 3, the following criteria shall apply:
The same applies to a high-frequency system with an equivalent isotropic radiation power (EIRP) of less than 10 watts if it is used at a location in accordance with Section 2 (3) of the Regulation on the detection method Limitation of electromagnetic fields of 20. August 2002 (BGBl. 3366), as last amended by Article 3 (20) of the Law of 7. July 2005 (BGBl. 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 where these are used to: Total radiation power of 10 watts is reached or exceeded. Sentence 2 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 the limit values to be observed pursuant to paragraph 1, first sentence, point 1, also in conjunction with the second sentence of paragraph 1, due to a temporary threat to public safety and order or to the protection of the security of the State remains unconsidered. Non-official table of contents

§ 3 Low Frequency Assets

(1) For protection against adverse environmental effects, low-frequency installations are available before the 22. have been established in such a way as to ensure that the limit values set out in Annex 1a to the limit values set out in Annex 1a shall be established in their area of impact in places not only for temporary residence by humans, but also at the highest level of operational capacity utilization. , in which case low-frequency installations with a frequency of 50 Hertz shall not exceed half of the limit value of the magnetic flux density referred to in Annex 1a. In this case, 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 site, are not considered
1.
Short-term exceedances of the limits set out in sentence 1 in conjunction with Appendix 1a by no more than 100 Percent with a duration of no more than 5 percent of an assessment period of one day, and
2.
Small-scale exceedances of the limits of the electrical Field strength in accordance with the first sentence in conjunction with Annex 1a by no more than 100 per cent outside buildings.
(2) For protection against harmful environmental effects, low-frequency installations are available after the 22. They shall be constructed and operated in such a way as to ensure that, in the event of the highest level of operational capacity utilization, they shall be established in places where they are not only temporarily resident, as defined in Annex 1a. Limit values shall not exceed half of the limit value of the magnetic flux density referred to in Annex 1a, with a frequency of 50 Hertz. Existing authorisations and planning decisions shall remain unaffected.(3) In the determination of 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 by stationary high-frequency installations with frequencies. between 9 kilohertz and 10 megahertz, which require a location certificate in accordance with § § 4 and 5 of the Regulation on the detection method for the limitation of electromagnetic fields, shall be produced in accordance with Annex 2a.(4) Effects such as spark discharges also between persons and conductive objects should be avoided if they can lead to significant annoyances or damage. unofficial table of contents

§ 3a DC power plants

To protect against harmful environmental impacts, direct current systems are to be built and to be used in the same way as , that in their area of impact in places intended for permanent or temporary residence of persons, at the highest operational level of plant utilization, style="font-weight:normal; font-style:normal; text-decoration:none; ">
1.
the magnetic flux density limit set in Appendix 1a is not exceeded, as well as
2.
Effects such as spark discharges also between persons and conductive objects, which can lead to significant annoyances or damage, avoided
All relevant immissions must be taken into account. Non-official table of contents

§ 4 Preventable requirements

(1) The purpose of the provision is to make a significant change in low-frequency facilities in the Proximity of homes, hospitals, schools, kindergartens, children's horseback, playgrounds or similar facilities shall only be carried out if, by way of derogation from § 3 (1), second sentence, the maximum number of flats in these buildings or on these plots of land is also the maximum The effective values of the electric field strength and magnetic flux density correspond to the requirements of § 3 (1) sentence 1. For low-frequency installations, which are based on the 16. The provisions of the Regulation on electromagnetic fields, as amended by the 16 December 1996, have been set up or substantially amended in December 1996. December 1996.(2) In the case of the establishment and substantial modification of low-frequency installations as well as direct current installations, the possibilities of using the electrical, magnetic and electromagnetic fields originating from the installation according to the state of the art shall be Technology taking into account conditions in the impact area to be minimized. The more detailed rules are laid down in accordance with § 48 of the German Federal Immission Control Act.(3) Low-frequency installations for the transmission of electricity with a frequency of 50 Hertz and a nominal voltage of 220 kilovolts and more constructed in a new route shall not span buildings or parts of the building, which shall become permanent. A stay of people is determined. Existing authorisations and planning decisions, as well as up to 22 The planning and planning approval procedures applied for in August 2013, for which a complete application was submitted at that time, shall remain unaffected. Non-official table of contents

§ 5 Determination of the field strength and flow density values

Measuring instruments, measurement and calculation methods used in the determination of the Electrical and magnetic field strength and magnetic flux density, including the consideration of existing immissions, must be in accordance with the state of measurement and calculation technology. 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. Non-official table of contents

§ 6 More stringent requirements

More requirements under other legislation, in particular Legislation on electromagnetic compatibility and telecoms rules shall remain unaffected. Non-official table of contents

§ 7 Display

(1) The competent authority is entitled to do so by the operator of a stationary radio facility, the private or for commercial purposes, or in the context of economic activities, data displayed in accordance with Articles 9, 11 and 12 of the Regulation on the detection method for the limitation of electromagnetic fields, as well as the data referred to in § 5 of the above The Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railways (Bundesnetzagentur für Electricity, Gas, Telecommunications, Post and Railways) shall, in so far as this is the case, obtain a certificate of location, including the application documents submitted pursuant to Article 4 (5) of is required for the performance of its tasks in order to complete 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 of the data in accordance with the first sentence.(2) The operator of a low-frequency installation with a nominal voltage of 110 kilovolts and more or of a direct current installation shall notify the competent authority at least two weeks prior to the entry into service or a substantial change, to the extent that:
1.
the asset on a plot of land in the area of a building plan or within a context within the scope of the Located in the district or on a building built with residential buildings in the outside area, or crosses such land, and
2.
the installation or its significant change does not require approval, plan determination or other regulatory decision in accordance with other legislation which takes into account the concerns of immission protection.
In the case of lines, it is sufficient to display of 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 include a map of the situation on 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. Non-official table of contents

§ 7a Participation of local authorities

The municipality in whose territory the high-frequency facility is to be built will be responsible for the Selection of locations for high-frequency installations, which are based on the 22. It will be installed in August 2013 by the operators. It shall be given the opportunity to express its opinion and to discuss the construction measure in good time. The results of the participation shall be taken into account. Non-official table of contents

§ 8 Approval of exceptions

(1) The competent authority may, on request, make exceptions to the requirements of § § 2, 3 and 3a shall not, in so far as account is taken of the particular circumstances of the individual case, in particular the nature and duration of the use of the plant and the actual stay of persons in the area of impact of the installation, do not allow any harmful environmental effects to be achieved are to be expected.(2) The competent authority may allow exceptions to the requirements of § 4, in so far as the requirements of § 4 are disproportionate in individual cases. Non-official table of contents

§ 9 Administrative Offences

is an administrative offence within the meaning of Section 62 (1) No. 7 of the Federal Immission Protection Act, who Intentionally or negligently
1.
contrary to § 2 sentence 1 also in conjunction with sentence 2, contrary to § 3 paragraph 1 Sentence 1 or paragraph 2, first sentence, or contrary to § 3a sentence 1, an installation or operation referred to there,
2.
contrary to § 4 (1), a low-frequency installation is essential
3.
3.
contrary to § 7, paragraph 2, sentence 1, or contrary to § 10 paragraph 2, an advertisement is not refunded, not correct, not complete or not timely.
Non-official Table of Contents

§ 10 Transitional Rules

(1) Low-frequency equipment with a frequency of 16.7 Hertz, which is prior to the 22. They are up to the 22nd of August 2013. to operate in such a way as to double the limit of the limit value referred to in Annex 1a in respect of the maximum operating rate of the plant, in their area of impact in places intended for not only temporary residence of people, Do not exceed electric field strength.(2) In the case of direct current systems, In accordance with Section 7 (2) of this Directive, the operation of the operating system shall be subject to the notification of the holding of the holding. The report shall be adopted in September 2013. With its construction already before the 22. However, the operation will be started in August 2013, but only before the 23rd. The notification of the holding in accordance with § 7 (2) shall take place within four weeks after the start of operation. unofficial table of contents

appendix 1 (to § § 2, 3, 3a, 10)

(found: BGBl I 2013, 3270)

Frequency (f)
in Hertz (Hz) Limit valuesElectrical field strength
in kilovolt per meter (kV/m)
(effective) Magnetic flux density
in Mikrotesla (µ T)
(effective)
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, 08327


Annex 1bFrequency (f)
in megahertz (MHz) limits, quadratically averaged over 6-minute intervalsElectrical field strength
in volts per meter (V/m)
(effective) Magnetic field strength
in Ampere per meter (A/m)
(effective)
0, 1-1 870, 73/f
1-10 87/f1/20, 73/f
10-400 28 0, 073
400-2 000 1, 375 f1/2 0, 0037 f1/2
2 000-300 000 61 0, 16
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appendix 2 (to § § 2, 3)
consideration of immission contributions of other assets

(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 of 1 Hz to 10 MHz,
GE, i = electrical limit of electrical Field strength at frequency i in the range of 1 Hz to 10 MHz, according to Appendix 1aMagnetic fields:
with
IM, i = immission of the magnetic field at frequency i in the range from 1 Hz to 10 MHz,
GM, i = the magnetic flux density limit 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 = 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 Appendix 1bMagnetic fields:
with
IM, j = immission of the magnetic field at the 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

appendix 3 (to § 2)

(site: BGBl I 2013, 3272)

pulsed field of high-frequency applications 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. Frequency range above 100 kHz to 10 MHz, the peak value for the electric field and the magnetic field strength must not exceed the 6.93 f0,664-fold of the values of Annex 1b (f in MHz). In pulsed electromagnetic fields in the The frequency range above 10 MHz to 300 GHz shall not exceed 32 times the values of Annex 1b for the electric field and the magnetic field strength.