Twenty-Eighth Regulation On The Implementation Of The Federal Immission Control Act (Regulation On Emission Limit Values For Combustion Engines)

Original Language Title: Achtundzwanzigste Verordnung zur Durchführung des Bundes-Immissionsschutzgesetzes (Verordnung über Emissionsgrenzwerte für Verbrennungsmotoren)

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Read the untranslated law here: http://www.gesetze-im-internet.de/bimschv_28_2004/BJNR061400004.html

Twenty-eighth regulation on the implementation of the Federal Immission Control Act (regulation on emission limit values for combustion engines) (28 BImSchV) 28 BImSchV Ausfertigung date: 20.04.2004 full quotation: "twenty-eighth regulation on the implementation of the Federal Immission Control Act (regulation on emission limit values for combustion engines) of 20 April 2004 (BGBl. I S. 614, 1423), most recently by article 1 of the Decree of August 14, 2012 (BGBl. I S. 1712) is changed" stand: last amended by art. 1 V v. 14.8.2012 I in 1712 for more information on the stand number you will find in the menu under instructions this regulation serves the Implementation of the directives 2001/63/EC of 17 August 2001 amending Directive 97/68/EC of the European Parliament and of the Council on the approximation of the laws of the Member States relating to measures against the emission of gaseous and particulate pollutants from internal combustion engines for mobile machines and devices to technical progress (OJ EC No. L 227, p. 41) and 2002/88/EC of the European Parliament and of the Council of 9 December 2002 amending Directive 97/68/EC on the approximation of the laws of the Member States relating to measures against the emission of gaseous and particulate pollutants from internal combustion engines for mobile machines and appliances (OJ EU 2003 No. L 35, p. 28).
Footnote (+++ text detection from: 29.4.2004 +++) (+++ official note of the standard authority on EC law: implementation of EGRL 63/2001 (CELEX Nr: 32001 L 0063) EGRL 88/2002 (CELEX Nr: 32002 L 0088) implementation of EURL 88/2011 (CELEX Nr: 32011 L 0088) cf. V v. 14.8.2012 I 1712 +++) input formula on the basis of § 33 para 1 No. 1, of section 37 and section 48a para 3 of the Federal Immission Control Act as amended by the notice of September 26, 2002 (BGBl. I S. 3830) the Federal Government enacted after consultation of interested parties : Article 1 scope this Regulation applies to the placing on the market of engines in mobile machines and devices and engines for installation in mobile machines and devices referred to in article 2 first painted in conjunction with Annex I no. 1 of Directive 97/68/EC of the European Parliament and of the Council of 16 December 1997 on the approximation of the laws of the Member States relating to measures against the emission of gaseous and particulate pollutants from internal combustion engines for mobile machines and appliances (OJ EC 1998 No. L 59, p. 1), last amended by the 2011/88/CE directive (OJ 16 November 2011 L 305 of the 23.11.2011, p. 1), as far as they are to be used not only by the Bundeswehr, or armed forces which are stationed on the basis of international agreements in the Federal Republic of Germany. This Regulation shall not apply to engines of inland waterway.

§ 1a is reference to European Community directives the directive 97/68/EC of the European Communities approved in this regulation with respect to apply the amended. It applies this policy is adapted under the procedure provided for in this directive to technical progress, in the amended version published in the official journal of the European Union after the implementation period laid down in the adaptation policy.

§ 2 placing on the market (1) engines may be marketed commercially or within the framework of economic activities only in the traffic pursuant to section 1 of this regulation, if 1 in tier compression-ignition engine IIIA according to Directive 97/68/EC a) with non-constant speed with a net power of aa) 130 kW to 560 kW as of January 1, 2006, bb) 75 kW to less than 130 kW from January 1, 2007 , cc) 37 kW and less than 75 kW from January 1, 2008, dd) 19 kW to less than 37 kW from January 1, 2007, b) with constant speed with a net power of aa) 130 kW to 560 kW as of January 1, 2011, bb) 75 kW to less than 130 kW from January 1, 2011, cc) 37 kW and less than 75 kW from January 1, 2012 , dd) 19 kW to less than 37kW beginning January 1, 2011, c) for railcar with a net power of 130 kW from January 1, 2006, d) for engines with a net power of aa) 130 kW to 560 kW as of 1 January 2007, bb) over 560 kW as of 1 January 2009 the allowable emission limit values in accordance with the table in annex I comply with section 4.1.2.4 of Directive 97/68/EC , 2. it for compression-ignition engines of stage IIIB according to Directive 97/68/EC a) with non-constant speed with a net power of aa) 130 kW to 560 KW as of January 1, 2011, bb) 75 kW to less than 130 kW from January 1, 2012, cc) 56 kW and less than 75 kW from January 1, 2012, dd) 37 kW to less than 56 kW from January 1, 2013 , b) for railcar with a net power of 130 kW from January 1, 2012, c) for engines with a net power of 130 kW from January 1, 2012 the allowable emission limit values in accordance with the table in annex I section 4.1.2.5 of Directive 97/68/EC comply with, 3. for compression-ignition engines, except for engines with constant speed of level IV according to Directive 97/68/EC with a net power of a) 130 kW to 560 kW from 1 January 2014 , b) 56 kW to less than 130 kW from 1 October 2014 section 4.1.2.6 of Directive 97/68/EC comply with the emission limits in accordance with the table in annex I, 4. for compression-ignition engines with a net power of 18 kW to 560 kW which are operated with constant speed, comply with the emission limits in accordance with the table in annex I no. 4.1.2.3 of Directive 97/68/EC as of December 31, 2006 , 5. they in spark-ignition engines with a net power 19 kW the permissible emission limits in accordance with the table in annex I no. 4.2.2.1 of Directive 97/68 / EC from February 11, 2005 hold a (level I) 6 they and at a) hand-held spark-ignition engines with a net power of or below 19 kW with a displacement of aa) under 20 ccm from February 1, 2008 , bb) cc of 20 CC up to less than 50 cc from 1 February 2008,) from 50 cc from February 1, 2009, b) not hand-held spark-ignition engines with a net power of or below 19 kW with a displacement of aa) 66 cc from February 1, 2005, bb) of 66 CC up to less than 100 ccm from February 1, 2005 , cc) of 100 cc to less than 225 cc from 1 February 2008, dd) from 225 cc from February 1, 2007, the allowable emission limit values in accordance with the table in annex I comply No. 4.2.2.2 of Directive 97/68/EC, 7 type-approval for an engine type or an engine family or the document referred to in annex VII of Directive 97/68/EC is present and if 8 equip them with the annex I no. 3 of Directive 97/68/EC required CE marking are; Engines, which comply with the limit values before the dates referred to in paragraphs 1, 2, 3 and 4, may be marked accordingly.
(2) for motors, whose date of manufacture before the in paragraph 1 is mentioned dates, the time for compliance with the requirements referred to in paragraph 1 extended for two years for each category.
(3) a replacement motor except for railcars and locomotives must conform to the limits, that to comply with were from the engine to be replaced at the first placing on the market.
(4) a replacement engine for driving railcars and locomotives must comply with the applicable limits for new engines.
(5) the rolling stock owners can prove that a replacement engine which meets the requirements of paragraph 4, could be used only with considerable technical difficulties, may authorize the permitting authority upon request following replacement engines for railcars and locomotives: 1 replacement engines, representing the emission limit values of stage III A to Directive 97/68/EC for the replacement of engines, the a) the emission limits for stage III of Directive 97/68/EC are not enough or b) Although the emission limit values of stage III A to Directive (B) of Directive 97/68/EC satisfy 97/68/EC, but not the emission limit values of the level III;
2. replacement engines, that of Directive 97/68/EC do not meet the emission limit values of stage III, Exchange engines for railcars without control and without its own drive, provided these replacement engines meet the emission limit values, which correspond to at least the emission limit values, meet the motors used in the existing multiple units of the same type.
The applicant has to justify his application and to submit the documents requested by the approval authority.
(6) on the engines, which fall under paragraphs 3 to 5, the manufacturer has a flag with the inscription "Replacement engine" and the reference number of the exception permit, which is issued by the approval authority in the permitting procedure, to install.
Footnote section 2 para 1 No. 6 input set italics: IdF d. Article 1 No. 2 book. a DBuchst. BB V v. 14.8.2012 I 1712 mWv 21.8.2012 (change statement would need to look properly: "... for the word" and "The word is inserted 'they'.")

Article 3 exemptions (1) at the request of a manufacturer of engines from expiring series, until the dates referred to in § 2 still on Commons are located, extends the approval authority that each of deadlines resulting § 2 for twelve months in accordance with in article 10 para 2 first requirements listed up fifth painting of Directive 97/68/EC and ninth painting of the policy issues para. 2 thereof a certificate of conformity or a consolidated document in accordance with article 10.
(2) a request is to reject, as soon as the sum of the engines referred to in paragraph 1, each covered 10 percent of the previous year in Germany under the conditions of section 2 para 1 No. 1 in traffic brought new engines of all types concerned exceeds.
(3) machinery and equipment, which are referred to in Article 9a (7) of Directive 97/68/EC are adherence to the under § 2 paragraph 1 excluded number 6 mentioned dates with regard to the emission limit requirements for a period of three years after entry into force of the emission limit requirements. Usable in different positions hand-held hedge trimmer for commercial use and for chain saws for industrial use with top-mounted handle for tree pruning, the engines with a net power 19 kW or less and a capacity of 20 cubic centimeters or more are built, you are under § 2 paragraph 1 apply number 6 emission limit requirements from the 31st July 2013. Up to this point the emission limit requirements for machines and devices within the meaning of sentence 2 still apply Annex I number 4.2.2.1 of Directive 97/68/EC. The emission limit requirements apply to machinery and equipment pursuant to sentence 1 until the end of the three years referred to in sentence 1 also annex I number 4.2.2.1 of Directive 97/68/EC.
(4) performance of under § 2 para 1 No. 6 and § 4 par. 13 requirements are for engine manufacturers, whose total annual production volume is less than 25 000 motors, moved to three years.
(5) for spark engine families, where the total year production volume amounts to less than 5 000 units, and which together exceed not 25 000 units, each in the construction of the scope of Directive 97/68/EC, a manufacturer, the requirements apply no. 4.2.2.1 of Directive 97/68/EC in accordance with the table in annex I. The families must have all a different displacement.
(6) for engines intended for export to third countries, article 2, paragraph 1 shall not apply.
(7) engines, the the definitions of listed in annex I section 1 letter A digits i, ii and v of to Directive 97/68/EC in accordance with, may brought flexibility system referred to in article 2 of Directive 97/68/EC and in accordance with the rules referred to in annex XIII of Directive 97/68/EC on the market.

§ 4 type-approval (1) engine types or engine families can only get a type-approval if they meet the description in the information folder and comply with the other requirements of this regulation, in particular of section 2 para 1 and 3.
(2) within the meaning of paragraph 1 also type-approvals, listed in annex XII of to Directive 97/68/EC are considered type-approval until the dates referred to in paragraphs 3 and 4.
(3) the documents to be submitted for type-approval and tests carried out must meet I to VII of Directive 97/68/EC annexes.
(4) engines, or engine families of stage IIIA (engine categories H, I, J and K according to Directive 97/68/EC) the type approval in accordance with annex VII to Directive 97/68/EC only receive, if in a commercial power of a) 130 kW to 560 kW with non-constant speed from 1 July 2005 b) 130 kW to 560 kW with constant speed from 1 January 2010 , c) 75 kW to less than 130 kW with non-constant speed from 1 January 2006, d) 75 kW to less than 130 kW with constant speed from 1 January 2010, e) 37 kW and less than 75 kW with non-constant speed from 1 January 2007, f) 37 kW and less than 75 kW with constant speed from 1 January 2011 , g) 19 kW to less than 37 kW with non-constant speed from the 1 January 2006 and h) 19 kW to less than 37 kW at constant speed from the 1 January 2010 meet the requirements of this directive and its particle and exhaust emissions, in particular, the limit values of the table in annex I comply with section 4.1.2.4 of Directive 97/68/EC.
(5) engines, or engine families of stage IIIB (engine categories L, M, N and P according to Directive 97/68/EC) the type approval in accordance with annex VII to Directive 97/68/EC only receive, if in a commercial power of a) 130 kW to 560 kW with non-constant speed from 1 January 2010, b) 75 kW to less than 130 kW with non-constant speed from 1 January 2011 , c) 56 kW to less than 75 kW with non-constant speed from 1 January 2011 and d) 37 kW to less than 56 kW with non-constant speed from 1 January 2012 to meet the requirements of this directive and its particle and exhaust emissions, in particular, the limit values of the table in annex I comply with section 4.1.2.5 of Directive 97/68/EC.
(6) engines, or engine families of the level IV (engine categories Q and R according to Directive 97/68/EC) the type approval in accordance with annex VII to Directive 97/68/EC only receive, if in a commercial power of a) 130 kW to 560 kW with non-constant speed from 1 January 2013 and b) 56 kW to less than 130 kW with non-constant speed from 1 October 2013 which meet the requirements of this directive and its particle and exhaust emissions , in particular, the limit values of the table in annex I comply with section 4.1.2.6 of Directive 97/68/EC.
(7) engines or engine families of the stage IIIA, used as drive motors in railcars (RC engine category A to Directive 97/68/EC), to VII of the directive only receive type-approval in accordance with annex 97/68/EC if they meet the requirements of this directive as of 1 July 2005 and their particle and exhaust emissions, in particular, the limit values of the table in annex I comply with section 4.1.2.4 of Directive 97/68/EC.
(8) engines or engine families of stage IIIB, which are used as drive motors in railcars (RC engine category B according to Directive 97/68/EC), to VII of the directive only receive type-approval in accordance with annex 97/68/EC if they meet the requirements of this directive from 1 January 2011 and their particle and exhaust emissions, in particular, the limit values of the table in annex I comply with section 4.1.2.5 of Directive 97/68/EC.
(9) engines, or engine families of the stage IIIA, used as drive motors in locomotives (engine categories A and RH RL A to Directive 97/68/EC), VII to Directive receive type-approval in accordance with annex 97/68/EC only, if in a commercial power of a) 130 kW to 560 kW as of 1 January 2006 and b) over 560 kW as of January 1, 2008 that meet the requirements of this directive and its particle emissions , in particular, the limit values of the table in annex I comply with section 4.1.2.4 of Directive 97/68/EC. This shall not apply in the case of a motor for the a purchase contract prior to May 20, 2004 was concluded, unless he is brought into traffic after applying to the corresponding Lokomotivkategorie not more than two years.
(10) engines, or engine families of stage IIIB, which are used as drive motors in locomotives (engine category R B according to Directive 97/68/EC), to VII of the directive only receive type-approval in accordance with annex 97/68/EC meet the requirements of this directive with a net power of 130 kW from January 1, 2011 and their particle and exhaust emissions, in particular, the limit values of the table in annex I comply with section 4.1.2.5 of Directive 97/68/EC. This shall not apply in the case of a motor for the a purchase contract prior to May 20, 2004 was concluded, unless he is brought into traffic after applying to the corresponding Lokomotivkategorie not more than two years.
(11) compression-ignition engines with a net power of 18 kW to 560 kW, operated with constant speed, can receive a type-approval only if they conform to the permissible emission limits No. 4.1.2.3 of Directive 97/68/EC as of 31 December 2005 in accordance with the table in annex I.
(12) positive ignition engines can only get a type-approval according to § 1, if they kW comply with the permissible emission limits No. 4.2.2.1 of Directive 97/68/EC as of August 11, 2004 with a net power or under 19 in accordance with the table in annex I (stage I).
(13) spark ignition engines referred to in § 1 can type get a permit only if you 1 hand held engines with a displacement of a) under 20 cc from August 1, 2007, b) 20 CC up to less than 50 cc from August 1, 2007, c) from 50 ccm at August 1, 2008 the permissible emission limits keep no. 4.2.2.2 of Directive 97/68/EC in accordance with the table in annex I (level II) , 2. for non-hand-held engines with a displacement of a) 66 cc from 1 August 2004, b) of 66 CC up to less than 100 ccm from 1 August 2004, c) of 100 cc to less than 225 cc from August 1, 2007, d) from 225 cc from the 1 August 2006 the permissible emission limits comply with no. 4.2.2.2 of Directive 97/68/EC in accordance with the table in annex I (level II).

Section 5 an application for type-approval of an engine or engine family type-approval (1) is by the manufacturer to the approval authority. Request an information folder, the content of which is specified in the information document in annex II of to Directive 97/68/EC, as well as a proof to be attached is that the applicant has provided a motor the competent technical service, which in annex II, Appendix 1 of Directive 97/68/EC listed essential characteristics of the engine type corresponds to the.
(2) an application for type-approval for an engine type or engine family may be in more than one Member State of the European Union. There is a separate request to make for each engine type to be approved or each engine family to be approved.
(3) the authority granted type-approval by using an EC type-approval certificate referred to in annex VII of Directive 97/68/EC. The permitting authority numbered the type-approval certificate set out in annex VIII of Directive 97/68/EC and provides along with the listed there it the applicant.
(4) the licensing authority determines in the case of an application for type-approval of an engine family that the filed application in respect of the selected master engine for that in annex II Appendix 2 of Directive 97/68/EC described engine family is not fully representative, another is so and if necessary, additional to 87A of the permitting authority master engine to provide for the approval referred to in paragraph 1.
(5) the engine to be approved fulfils its function or it has specific properties only in conjunction with other parts of the mobile machine or mobile device and ready for this reason compliance with one or more requirements only for testing, when operating the engine to be approved with other real or simulated machine or machine parts together, the scope of the type-approval of this engine is so appropriately restrict. In the type-approval for an engine type or an engine family, all restrictions on their use, as well as perform all installation requirements are in such cases.
(6) the approval authority which granted type-approval, this ensures that the identification numbers of engines produced in accordance with the requirements of this directive, if necessary in cooperation with the approval authorities of the other Member States of the European Union, be registered and monitored.
(7) the approval authority shall ensure before granting a type-approval, if necessary in cooperation with the approval authorities of the other Member States of the European Union, that appropriate measures taken to ensure effective control of the conformity of production with regard to the requirements of annex I no. 5 of Directive 97/68/EC.
(8) the manufacturer or his authorized representative established in Member States of the European Union the permitting authority upon request in some cases transmit data via the direct purchaser and the ID numbers of the engines of that have been reported in accordance with § 7 paragraph 3 as made, insofar as this is necessary for the control of the identification numbers.
(9) a manufacturer is unable, at the request of the approval authority in section 7 and in particular in connection with paragraph 8 to comply with the requirements set, is the approval of the engine type or the engine family pursuant to this Regulation may be withdrawn.

§ 6 modification of authorisations (1) the manufacturer has the authority to grant type-approval to communicate any change of the details referred to in the information package.
(2) the application for a change or extension of type-approval is exclusively to the approval authority of the Member State of the European Union, which has granted the original type-approval.
(3) so the approval authority are mentioned details has been modified in the description documents, exhibits the following documents: 1. where necessary, revised pages of the information package, whereby the Authority marks each page as, that the nature of the change and the date of re-issue are clearly shown. with each new edition of pages is the index to the information package, which is included with the type-approval certificate as an attachment, to appropriately up to date;
2 type-approval certificate revised a with an extension number, if is with the exception of the annexes have been changed or the minimum requirements of Directive 97/68/EC have changed since the original date of approval; the reason must emerge from the revised approval certificate clearly for its change and the date of re-issue.
The permitting authority determines that because of a change made to the information package new tests or exams are justified, inform the manufacturer and the documents pursuant to sentence 1 only after performing successful new tests or exams exhibits.

§ 7 series compliance (1) the manufacturer brings to each unit manufactured in conformity with the approved type in annex No. 3 of Directive 97/68/EC to set features including the type-approval number.
(2) the type-approval includes limitations on usage in accordance with § 5 par 5, the manufacturer of each manufactured unit attaches detailed information on these restrictions and all installation requirements. The same machine manufacturer supplied a number of engine types, so suffice it that this information document, in which also the relevant engine identification numbers to be, delivered only once is it, at the latest on the day of delivery of the first engine.
(3) the manufacturer a list with the identification numbers of all types of motor forwarded in accordance with the provisions of Directive 97/68/EC since the last report or the time at the request of the approval authority type-approval within 45 days after the end of each calendar year and immediately after each date of execution referred to in paragraph 2 and immediately following each additional date specified by the authority, , to which the provisions of this regulation were applicable for the first time, were produced. If they don't come to the expression by the engine coding system, the correlations between the identification numbers and the corresponding engine types or engine families and the type-approval number must be specified in this list. In addition, the list must contain specific information if the manufacturer stops producing an approved engine type or an engine family approved. If the permitting authority requires no regular transmission of this list by the manufacturer, it must keep the data stored for a period of at least 20 years.
(4) the manufacturer the authority of a statement the motor types, the families and the relevant identification codes of the engines to produce intends from that date are listed in the approval after the type approval within 45 days after the end of each calendar year and each date of execution pursuant to article 2.
5) compression ignition engines, which are brought to the flexibility system referred to in article 2 of Directive 97/68/EC on the market, be marked in accordance with annex XIII to Directive 97/68/EC.
(6) for engine types or engine families of stages IIIA, IIIB and IV, sections 4.1.2.4, 4.1.2.5 and 4.1.2.6 of Directive 97/68/EC already before in section 2 para 1 No. correspond to 1, 2 or 3 listed dates, allowing the limit values in the table in annex I to the approval authority a special designation from the indicating concerned machinery and equipment conform to the prescribed limit values before the dates established.

Article 8 non-conformity with the approved type or family approved type (1) motors, which are provided with a certificate of conformity or an approval mark with the type-approved engine or engine family type-approved agree, the permitting authority has to ask the manufacturer in writing, within a period to be determined by you and under threat of withdrawal of type-approval to bring the engines in production again with the type-approved engine or engine family approved in accordance. The manufacturer does not fulfil the invitation within the time limit set, the approval authority may revoke the approval.
(2) a non-conformity exists with the approved engine type or engine family approved deviations from the characteristics in the approval certificate or the information package, which have been issued by the approval authority in accordance with article 6, paragraph 3.

Article 9 cooperation with the approval authorities of the other Member States (1) the approval authority 1; each month denied the approval authorities of the other Member States of the European Union a list of engines and engine families with the data required by Annex IX of Directive 97/68/EC, which permit issued them in the given month, or revoked
2. at the request of the approval authority of another Member State of the European Union a) a copy of the type-approval certificate for the engine or engine family with or without information package for each engine type or any engine family, which an application has granted, denied, or revoked, b) the list of engines produced according to the type-approvals granted, as described in section 7, paragraph 3, which contains the details required under annex X of Directive 97/68/EC , c) a copy of the declaration pursuant to § 7 para 4.
(2) the licensing authority officio annually sent to the Commission as well as a copy of the data sheet in accordance with annex XI of Directive 97/68/EC on the motors, for which since the last notification an approval in individual cases on request from the Commission has been granted.
(3) the approval authority shall send the approval authorities of the other Member States of the European Union within one month the details and the rationale of the exemption granted to a manufacturer according to § 3.
(4) the licensing authority sent the Federal Ministry for environment, nature conservation and nuclear safety to pass on to the Commission a list of exemptions granted each year with their reasons.
(5) the approval authority informs the approval authorities of the Member States of the European Union withdrawal of type-approval in addition to reasons within one month of nonrepudiation.

§ 10 law enforcement agencies and technical services (1) are law enforcement agencies within the meaning of this regulation 1 the Kraftfahrt-Bundesamt as approval authority, 2. for market surveillance authorities under national law.
(2) technical services within the meaning of this regulation are to carry out the tests required by the annexes to the directive 97/68/EC designated by the Kraftfahrt-Bundesamt and published in the Federal Gazette bodies.
(3) the Kraftfahrt-Bundesamt monitors the proper performance of the tasks entrusted to the technical services.
(4) the Kraftfahrt-Bundesamt has to submit on request information required for market surveillance authorities under national law.

§ 11 offences any person is no. 7 of the Federal Immission Control Act in the sense of § 62 para 1, who intentionally or negligently brings a motor on the market contrary to article 2, paragraph 1 or 3.

Article 12 entry into force, expiry this regulation enters into force on the day after the announcement.

Concluding formula the Federal Council has approved.