32. Ordinance on the implementation of the Federal Immission Control Act (Device and Machinery Noise Protection Ordinance-32. BImSchV)

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32. BImSchV

Date of completion: 29.08.2002

Full quote:

" Ordinary and Machine Noise Protection Ordinance of 29 August 2002 (BGBl. 3478), as last amended by Article 9 of the Law of 8 November 2011 (BGBl I). I p. 2178)

Status:

Last amended by Art. 9 G v. 8.11.2011 I 2178

For more details, please refer to the menu under Notes

Footnote

(+ + + Text certificate: 6.9.2002 + + +) 

  

The V was referred to as Article 1 (d). V v. 29.8.2002 I 3478 decided by the Federal Government after consultation of the interested parties and the Committee on Technical Work Funds with the consent of the Bundesrat. She's gem. Article 3 of this V entered into force on 6 September 2002.

Section 1
General provisions

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§ 1 Scope

This Regulation shall apply to equipment and equipment which, in accordance with Article 2 of Directive 2000 /14/EC of the European Parliament and of the Council of 8 May 2000 on the approximation of the laws of the Member States relating to the noise emission in the environment, is for use outdoors equipment and machinery (OJ L 327, 30.4.2004, EC No L 162 p. 1, No 50), as amended by Directive 2005 /88/EC of the European Parliament and of the Council of 14 December 2005 (OJ L 311, 28.11.2005, p. EU No 44), which fall within the scope of the Directive, are listed in the Annex to this Regulation. (2) The Noise and Vibration Safety Regulation and the Machinery Regulation remain unaffected. Unofficial table of contents

§ 2 Definitions

For the purposes of this Regulation, the terms

1.

on the market: the first-time provision of a device or a machine on the German market for distribution or use in Germany or, in accordance with the regulatory context of this Regulation, for the first time, whether or not for free, on the Community market for distribution or use in the territory of the European Community;

2.

in operation: the first-time use of a device or machinery in Germany or, in accordance with the regulatory context of this Regulation, in the territory of the European Community;

3.

equipment intended for use outdoors: equipment and equipment within the meaning of Article 3 (a) of Directive 2000 /14/EEC;

4.

CE marking: labelling within the meaning of Article 3 (c) of Directive 2000 /14/EEC;

5.

Conformity assessment procedure: procedure within the meaning of Article 3 (b) of Directive 2000 /14/EEC;

6.

guaranteed sound power level: sound power level within the meaning of Article 3 (f) of Directive 2000 /14/EEC;

7.

Appliances and machinery to which the Community eco-label referred to in Articles 7 and 9 of Regulation (EC) No 1980/2000 of the European Parliament and of the Council of 17 July 2000 on the revision of the Community system on the award of an eco-label (OJ C 27 EC No 1) and which have been marked with the eco-label under Article 8 of Regulation No 1980 /2000/EC. In the event that such a marking does not exist, equipment and equipment shall be deemed to be noisy and comply with the requirements for the permissible sound power level of Stage II in Article 12 of Directive 2000 /14/EC.

Section 2
Market rules for equipment and machinery

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§ 3 Marketing

(1) Equipment and machinery referred to in the Annex may be placed on the market or put into service in Germany only if the manufacturer or his authorised representative established within the European Community has ensured that:

1.

each device or machine is marked with the CE marking and the indication of the guaranteed sound power level provided for in Article 11 (1), (2) and (5) of Directive 2000 /14/EC and in the second and third sentences of the second paragraph,

2.

shall be accompanied by a copy of the EC declaration of conformity referred to in Article 8 (1) of Directive 2000 /14/EC and in the fifth sentence of the EC declaration of conformity, which shall be issued for each type of equipment or machinery,

3.

a copy of the EC declaration of conformity referred to in Article 8 (1) of Directive 2000 /14/EC has been sent to the European Commission for the type of appliance or machine;

4.

the type of equipment or machinery has been subjected to a conformity assessment procedure, in accordance with

a)

Article 14 (1) of Directive 2000 /14/EC, in so far as it is a device or a machine in accordance with the Annex, column 1,

b)

Article 14 (2) of Directive 2000 /14/EC, in so far as it is a device or a machine referred to in the Annex, column 2, and

5.

the guaranteed sound power level of the device or the machine does not exceed the permissible sound power level referred to in Article 12 of Directive 2000 /14/EC, in so far as it is a device or a machine as defined in column 1 of the Annex.

The CE marking and the indication of the guaranteed sound power level shall be visible, legible and durably durable on any device and machine. The visibility and legibility of the CE marking and the indication of the guaranteed sound power level shall not be affected by any other markings on the equipment and equipment. Signs or inscriptions which may be misleading with regard to the meaning or form of the CE marking or the indication of the guaranteed sound power level may not be affixed. If the EC declaration of conformity attached is not issued in the German language, the copy of a German translation must also be enclosed. (2) If neither the manufacturer nor his authorized representative is established in the European Community, the following shall apply: (1), provided that the requirements referred to in paragraph 1 are to be met by any other person who places or is operating the equipment and equipment in the European Community. Unofficial table of contents

Section 4 Transmission of the declaration of conformity

The manufacturer established in Germany or, failing that, his authorised representative established in Germany shall have a copy of the competent authority of the country in which he is established and to the European Commission. EC declaration of conformity for each type of device and machinery referred to in the Annex when equipment and machinery of this type are placed on the market or put into service in the European Community. Unofficial table of contents

§ 5 retention and transmission of information from conformity assessment

The manufacturer established in Germany or, failing that, his authorized representative established in Germany shall have, after the last appliance or the last machine of a type of ten years, all the information which has been provided in the course of the Conformity assessment procedures have been used for the type of equipment or machine, in particular the technical documentation referred to in Article 14 (3) of Directive 2000 /14/EC, as well as a copy of the EC declaration of conformity. Upon request, he shall provide the authority responsible under national law with the information and to make copies of the information available to the authority concerned. Unofficial table of contents

§ 6 Duty of notification

(1) The competent State authority shall notify the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety of the market surveillance measures in accordance with section 26 of the Product Safety Act with regard to the measures referred to in Article 9 (2) of Directive 2000 /14/EC to inform the other Member States of the European Community and the European Commission without delay. (2) The competent State authority in accordance with Article 9 (1) of the Product Safety Act shall inform the Federal Ministry for Environment, nature conservation and reactor safety with regard to the provisions of Article 15 (3) of the Directive 2000 /14/EC to notify the Member States of the European Community and to the European Commission which bodies it has designated. The notification shall specify which equipment and machinery and conformity assessment procedures shall be designated. The first sentence shall be applicable to a revocation and withdrawal, expiry or deletion of the designation with a view to Article 15 (5) of Directive 2000 /14/EC.

Section 3
Operating systems for equipment and machinery

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§ 7 Operation in residential areas

(1) In pure, general and special residential areas, small settlement areas, special areas which are used for recreation, spa and hospital areas and areas for tourist accommodation in accordance with § § 2, 3, 4, 4a, 10 and 11 (2) of the Baunutzungsverordnung (Baunutzungsverordnung) as well as on the premises of hospitals and nursing homes may be outdoors

1.

Equipment and machinery are not operated according to the Annex on Sundays and public holidays all day, as well as on working days from 8 p.m. to 7 p.m.,

2.

Equipment and machinery referred to in Annex No.02, 24, 34 and 35 shall not be operated on working days from 7 a.m. to 9 a.m., from 1 p.m. to 3 p.m. and from 5 p.m. to 8 p.m., unless the equipment and machinery are Community eco-labels referred to in Articles 7 and 9 of Regulation (EC) No 1980/2000 of the European Parliament and of the Council of 17 July 2000 on the revision of the Community eco-label award scheme (OJ L 200, 30.7.2000, p. EC No 1) and are marked with the eco-label referred to in Article 8 of Regulation (EC) No 1980 /2000/EC.

The first sentence shall not apply to federal highways and railways of the Federal Railways, which run through territories as defined in the first sentence. The Länder may restrict the validity of the sentence 1 for national roads and non-national rail routes which lead through areas in accordance with the first sentence. (2) In individual cases, the competent authority of the country may exempt from the restrictions imposed by the Allow paragraph 1. The authorisation shall not be required if the operation of the equipment and machinery is necessary in individual cases to avoid a risk in the event of a severe weather or snowfall or to avert any other risk to man, the environment or property. The operator shall inform the competent authority of the operation referred to in the second sentence, at the request of the operator. In individual cases, derogations from the restrictions provided for in paragraph 1 may be permitted on the basis of an individual case if the operation of the equipment and machinery is necessary to avoid a danger to the general public or to the other public interest. (3) Further national provisions on the protection of residential and other noise-sensitive use and general provisions of noise protection, in particular on Sundays and holiday rest and on night rest, shall remain unaffected. Unofficial table of contents

§ 8 Operation in sensitive areas

The countries can

1.

meeting, in compliance with Article 17 of Directive 2000 /14/EC, further arrangements for restrictions on the operation of equipment and machinery, as set out in the Annex, in areas classified as sensitive to them,

2.

, having regard to the general rules of noise protection, to make further exceptions to restrictions on the operation of equipment and equipment, as set out in the Annex, to the extent that:

a)

the use of low-noise appliances and machinery which does not significantly disturb or reduce public and private concerns, taking into account other possible solutions, or

b)

the operation is required in the public interest.

Section 4
Final provisions

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§ 9 Administrative Offences

(1) In the sense of Section 39 (1) (7) (a) of the Product Safety Act, who intentionally or negligently acts in accordance with the provisions of Section 39 (1) (7)

1.

in accordance with Article 3 (1), first sentence, also in connection with paragraph 2, placing a device or a machine on the market or placing it on the market,

1a.

, contrary to Article 3 (1) sentence 4, a sign or an inscription shall be applied, or

2.

contrary to § 4, a copy shall not be transmitted or forwarded in time.

(1a) In the sense of Section 39 (1) (7) (b) of the Product Safety Act, who intentionally or negligently does not retain information or a copy for at least ten years in breach of § 5 sentence 1. (2) Contrary to the provisions of Section 62 (1) (7) of the Federal Immission Protection Act, who intentionally or negligently is acting in accordance with the provisions of the German Federal Immission Act (

1.

, contrary to § 7 (1) sentence 1, a device or a machine operates or

2.

the competent authority does not, not properly, not fully or in good time, in accordance with the third sentence of Article 7 (2) of the Regulation.

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§ 10 Transitional provision

(1) Only § 7 (1) and (2) and § 9 (2) shall apply to equipment and machinery in accordance with the Annex which have been placed on the market or put into service before 6 September 2002. (2) Insofar as the manufacturer is concerned with effect from 3 July 2001 and before 6 September 2002. or its authorised representative established in the European Community, on the basis of the second sentence of Article 22 (2) of Directive 2000 /14/EC, a device or a machine in accordance with the Annex to the CE marking provided for in Article 11 of Directive 2000 /14/EC , as from 6 September 2002, the provisions of this Regulation shall apply to such equipment and machinery. Regulation. (3) Type-examination certificates and measurement results on equipment and machinery issued or determined in the context of the repealed Lawnmower Noise Ordinance or the repealed Building Machine Noise Regulation may be applied to: the technical documentation referred to in Annex V (3), Annex VI (3), Annex VII (2) and Annex VIII (3.1) and (3.3) of Directive 2000 /14/EC shall be used. Unofficial table of contents

Section 11 Adaptation rule

Where Annex III is amended in accordance with Article 3 of Directive 2000 /14/EC in the procedure referred to in Article 18 (2) of this Directive to technical progress, it shall be deemed to have been published in the amended Official Journal of the European Communities. Version. The amendments shall apply from the date on which the Directive is adopted. In the absence of such a provision, they shall apply from the first day of the third month to the publication. Unofficial table of contents

Annex

(Fundstelle des Originaltextes: BGBl. I 2002, 3481-3482)

The following devices and equipment fall within the scope of the Regulation in accordance with § 1.
Legend:
No.	= the serial number of the device or the machine, as listed in Annex I to Directive 2000 /14/EC
Device/Machine	= type of the device and the machine, if necessary with performance values
Sp. 1	= Column 1, in accordance with the scope of Article 12 of Directive 2000 /14/EC
Sp. 2	= Column 2, in accordance with the scope of Article 13 of Directive 2000 /14/EC
X in column 1 or 2	= device or machine falls within the scope of column 1 and/or Column 2
No.	Device/Machine	Sp. 1	Sp. 2
01	Lifting working platform with internal combustion engine		X
02	Fretschneider		X
03	Construction lift for material transport with
03.1	Combustion engine	X
03.2	Electric motor		X
04	Construction site belt sawing machine		X
05	Construction site price sawing machine		X
06	Portable motor chain saws		X
07	Combined high pressure flushing and suction vehicle		X
08	Compaction machine in the design of
08.1	Vibratory rollers and non-vibrating rollers, vibratory plates and vibratory rammers	X
08.2	Explosions		X
09	Compressor (< 350 kW)	X
10	Hand-guided concrete crushers and excavation, burgla and spar hammer	X
		X
11	Concrete and mortar mixers		X
12	Winch with
12.1	Combustion engine	X
12.2	Electric motor		X
13	Conveyor and injection moulding machine for concrete and mortar		X
14	Conveyor belt		X
15	Vehicle refrigerating unit		X
16	Planing machine (< 500 kW)	X
17	Drilling rig		X
18	Mulch vehicle (< 500 kW)	X
19	Loading and unloading unit of silo-or tanker vehicles		X
20	Hydraulic and rope excavators (< 500 kW)	X
21	Excavator loader (< 500 kW)	X
22	Old glass collection container		X
23	Grader (< 500 kW)	X
24	Grastrimmers/grass edge cutters		X
25	Hedge scissors		X
26	High-pressure flushing vehicle		X
27	High-pressure water jet machine		X
28	Hydraulic hammer		X
29	Hydraulic Unit	X
30	Joint cutter		X
31	Trash compactor, of the type according to a loader with shovel (< 500 kw)	X
32	Lawnmowers (with the exception of - agricultural and forestry equipment - Multi-purpose devices, the main propulsion of which has an installed power of more than 20 kW)	X
33	Rasentrimmer/lawn edge trimmer	X
34	Leaf blowers		X
35	Permit collectors		X
36	Counterweight stacker with internal combustion engine
36.1	Cross-country forklift truck (counterweight stacker on wheels, which is primarily for natural grown and agitated terrain, e.g. (b. on construction sites)	X
36.2	other counterweight forklifts with a load-bearing capacity of not more than 10 tonnes, with the exception of counterweight forklift trucks, which are specially built for container transport		X
37	Loader (< 500 kW)	X
38	Mobile crane	X
39	Rollable refuse container		X
40	Motor hack (< 3 kW)	X
41	Road finisher
41.1	without high compaction bohle	X
41.2	with high-compacting screed		X
42	Ramming Equipment		X
43	Pipework		X
44	Piste caterpillar		X
45	Power generators
45.1	< 400 kW	X
45.2	> = 400 kW		X
46	Sweeper		X
47	Refuse collection vehicle		X
48	Road milling		X
49	Verticutierer		X
50	Shredder/Shredder		X
51	Snow blower (self-proponent, excluding attachments)		X
52	Suction vehicle		X
53	Tower crane	X
54	Trenchmilling		X
55	Transport concrete mixer		X
56	Water pump (not for underwater operation)		X
57	Welding current generators	X