32. Regulation On The Implementation Of The Federal Immission Control Act

Original Language Title: 32. Verordnung zur Durchführung des Bundes-Immissionsschutzgesetzes

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Read the untranslated law here: http://www.gesetze-im-internet.de/bimschv_32/BJNR347810002.html

32. Regulation on the implementation of the Federal Immission Control Act (equipment and machine noise protection Ordinance - 32nd BImSchV) 32nd BImSchV Ausfertigung date: 29.08.2002 full quotation: "equipment and machine noise protection Ordinance of 29 August 2002 (BGBl. I S. 3478), most recently by article 9 of the law of 8 November 2011 (BGBl. I S. 2178) is changed" stand: last modified by article 9 G v. 8.11.2011 I 2178 for more information on the stand number you see in the menu see remarks footnote (+++ text detection from) : 6.9.2002 +++) the V 1 d V v. 29.8.2002 was adopted as article I 3478 by the Federal Government after consultation with stakeholders and the Committee for technical equipment with the consent of the Federal Council. She entered into force article 3 of this V on the 6.9.2002 according.
Section 1 General provisions article 1 scope this Regulation applies to devices and machines, referred to in 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 on environmental noise emission of equipment intended for use outdoors (OJ EC No. L 162 S. 1, no. L 311 S. 50), by Directive 2005/88/EC of the European Parliament and of the Council of 14 December 2005 (OJ EU no. L 344 p. 44) has been changed, fall within the scope of the directive; they are listed in the annex to this regulation.
(2) the noise - and vibration OSH Ordinance and the machine Regulation shall remain unaffected.

Article 2 definitions for the purposes of this regulation mean terms 1 in traffic bring: first-time occupation, whether gainful or not providing a device or machine on the German market for distribution or use in Germany or, according to the regulatory coherence of this regulation on the Community market for distribution or use in the territory of the European Community;
2. commissioned: the first-time use of a device or a machine in Germany or, according to the regulatory coherence of this regulation in the territory of the European Community;
3 equipment provided for for use in outdoor and machines: Equipment and machinery within the meaning of article 3 of Directive 2000/14/EC;
4. CE marking: marking within the meaning of article 3 (c) of Directive 2000/14/EC;
5. conformity assessment procedures: 3 letter procedure within the meaning of article b of Directive 2000/14/EC;
6 guaranteed sound power level: sound power level within the meaning of article 3 letter f of the Directive 2000/14/EC;
7 low noise devices and machines: Equipment and machinery, to which the Community eco-label pursuant to articles 7 and 9 of Regulation No. 1980/2000 of the European Parliament and of the Council of 17 July 2000 on the revision of the Community system for the award of an eco-label (OJ EC No. L 237, p. 1) has been granted and which are marked with the eco-label No. 1980/2000/EC referred to in article 8 of the regulation. Such labelling is not available, equipment and machines as noise that comply to the permissible sound power level of the level II in article 12 of Directive 2000/14/EC apply.
Section 2 market traffic control devices and machines section 3 placing on the market (1) equipment and machinery for Annex may be placed in Germany only on the market or put into operation, if the manufacturer or his authorised representative established in the community has made sure that 1 any machine or any machine with the CE marking and the indication of the guaranteed sound power level referred to in article 11 paragraph 1 , 2 and 5 of Directive 2000/14/EC and is provided pursuant to sentence 2 and 3, a 2. any device or each machine copy of the EC declaration of conformity according to article 8 paragraph 1 of Directive 2000/14/EC and pursuant to sentence 5 is attached, to issue for each type of device or a machine, 3 for the type of device or a copy of the EC declaration of conformity forwarded article 8 para 1 of the Directive 2000/14/EC of the European Commission the machine is 4. the type of device or machine a conformity assessment procedure is undergone after a) article 14 paragraph 1 of the Directive 2000/14/EC, unless it is column 1 a device or a machine referred to in the annex, b) article 14 paragraph 2 of Directive 2000/14/EC, unless it is column 2 to a device or a machine referred to in the annex , and 5 which guaranteed sound power level of the device or machine does not exceed the permissible sound power level referred to in article 12 of Directive 2000/14/EC, insofar as column 1 to a device or a machine referred to in the annex.
The CE marking and the indication of the guaranteed sound power level must be visibly, legibly and permanently stable attached to each machine and each machine. The visibility and legibility of the CE marking and the indication of the guaranteed sound power level must be unaffected by other markings on the devices and machines. Signs or inscriptions that can be misleading with regard to the meaning or form of the CE marking or the indication of the guaranteed sound power level must not be brought in. Is the attached Declaration of conformity not in German, also the copy of a German translation must be attached.
(2) neither the manufacturer nor his authorised representative established in the European Community is established, is paragraph 1 with the proviso mentioned there requirements are whether any other person that brings the devices and machines in the European Community or in operation.

§ 4 delivery of the Declaration of conformity the manufacturer in Germany or otherwise, his authorised in Germany has to submit a copy of the EC declaration of conformity for each type of device and a machine the competent according to national law of the country in which he is established, and the European Commission, when devices and machines of this type in the European Community be marketed or put into service according to the annex.

§ 5 retention and transmission of information from the conformity assessment of the Germany-based manufacturer or his authorised representative in Germany for ten years all information used during the conformity assessment procedure for the device or type of machine has otherwise after manufacture of the last appliance or the last machine of a type were particularly those in article 14 paragraph 3 of Directive 2000/14/EC specified technical documentation , as well as to keep a copy of the EC declaration of conformity. Upon request, he has to give insight into the details of the competent according to national law and to provide you with copies of the information.

§ 6 duties of notification (1) the competent authority of the country shares market surveillance according to § 26 of the product safety act the Federal Ministry for environment, nature protection and reactor safety in regard to that referred to in article 9 paragraph 2 of Directive 2000/14/EC required informing of the other Member States of the European Community and the European Commission immediately communicate.
(2) the competent authority of the country the Federal Ministry for environment, nature protection and reactor safety in regard to the article 15 para 3 of Directive 2000/14/EC tells required notification to the Member States of the European Community and to the European Commission according to article 9, paragraph 1, of the product safety Act, which places it's called. The communication is to specify the designation applies to which devices and machines, as well as conformity assessment procedures. Sentence 1 shall apply accordingly for a withdrawal as well as a withdrawal, a workflow, or a termination of appointment in the light of article 15 paragraph 5 of Directive 2000/14/EC.
Section 3 operation schemes for equipment § 7 operating in residential areas (1) in pure, General and special residential areas, small settlement areas, special areas, that the Recovery Act, Spa and clinic areas and areas for the accommodation of foreigners according to §§ 2, 3, 4, 4a, 10 and 11 para. 2 of the building Ordinance as well as on the grounds of hospitals and nursing homes may in the free 1 equipment and machinery in accordance with the annex on Sundays and public holidays throughout the day, as well as on working days during the period from 20:00 until 07:00 not operated devices and machines in the annex No. 02, 24, 34 and 35 on weekdays in the period from 07:00 to 09:00, from 13:00 until 15:00 and from 17:00 until 20:00, never run 2., except that for the devices and machines the Community eco-label pursuant to articles 7 and 9 of Regulation No. 1980 / 2000 of the European Parliament and of the Council of 17 July 2000 on the revision of Community system for the award of an eco-label (OJ EC No. L 237, p. 1) is allocated and they are marked with the eco-label No. 1980/2000/EC referred to in article 8 of the regulation.
Sentence 1 shall not apply for federal trunk roads and railways by federal railways that run through areas pursuant to sentence 1. The countries can limit for state roads and not state-owned railways that run through areas pursuant to sentence 1, the validity of the sentence 1.

(2) the authority competent under national law may allow exceptions to the limitations of paragraph 1 in the case. The approval not required, if the operation of devices and machines in a particular case to avert a danger in bad weather or snow or to avert an other danger for humans, environment or physical goods is required. The operator must inform the competent authority upon request operation pursuant to sentence 2. Officio exceptions can be approved in individual cases by the restrictions of paragraph 1, if the operation of devices and machines to avert a danger to the public or other public interest is required.
(3) further national provisions on the protection of residential and other noisy use and general regulations of noise protection, in particular to the Sundays and holiday rest and a night's sleep, remain unaffected.

§ 8 operating in sensitive areas the countries can regulations further 1 in accordance with article 17 of the Directive 2000/14/EC restriction of the operation of equipment and machinery pursuant to Annex areas classified as sensitive of them meet, 2. in compliance with regulations on further exceptions to limitations of the operation of devices and machines to meet General of the noise protection regulations referred to in the annex , as far as a) low noise equipment and machinery used, which operations are not significantly disrupts or balancing public and private interests and taking into account other possible solutions takes precedence, or b) operating in the public interest is required.
Section 4 final provisions article 9 offences (1) any person in the sense of article 39, paragraph 1 number 7 letter a of the product safety act is, who intentionally or negligently brings 1. contrary to § 3 para 1 sentence 1, also in connection with paragraph 2, a device or a machine on the market or in operation, 1 a.
install a sign or a sign contrary to § 3 paragraph 1 sentence 4 or 2. violates article 4 not or not timely submitted a copy.
(1a) any person within the meaning of article 39, paragraph 1 point 7 point (b) of the product safety act is who intentionally or negligently stored an information or a copy of not or at least ten years contrary to paragraph 5 sentence 1.
(2) any person in the sense of § 62 para 1 No. 7 of the Federal Immission Control Act is, who intentionally or negligently a device or a machine operates 1 contrary to section 7 subsection 1 sentence 1 or the competent authority not, incorrectly, incompletely or not timely informed 2. contrary to article 7, paragraph 2, sentence 3.

Section 10 transitional provisions (1) for devices and machinery referred to in the annex, which have been brought or taken into operation before September 6, 2002, in traffic, apply only article 7, paragraph 1 and 2 and § 9 para 2 (2) as far as from July 3, 2001 and before September 6, 2002 the manufacturer or his authorised representative in the European Community on the basis of article 22 paragraph 2 sentence 2 of Directive 2000/14/EC a device or a machine Annexed with the CE marking has provided under article 11 of Directive 2000/14/EC, the provisions of this Regulation apply to these devices and machines from September 6, 2002.
(3) type test certificates issued and measurements of equipment and machines that were issued or determined, in the context of lawnmower noise regulation repealed or construction machine noise regulation repealed can in the preparation of the technical documentation referred to in annex V, no. 3, annex VI No. 3, annex VII No. 2 and annex VIII No. 3.1 and 3.3 of the Directive 2000/14/EC should be used.

§ 11 adjustment provision is annex III of section 3 in relation included in Directive 2000/14/EC in the proceedings referred to in article 18 paragraph 2 of this directive to technical progress adapted, he is considered in the revised version published in the official journal of the European communities. The changes will apply from the date on which the directive. Lacking such a provision, as they apply from the first day of the third month following publication on.

Annex (site of the original text: Federal Law Gazette 2002 I, 3481-3482) following equipment fall under § 1 in the scope of the regulation.
 
Legend: No. = serial number of the unit or the machine, according to the collection in annex I of to Directive 2000/14/EC = device/machine type of the device and the machine, if necessary with performance SP. 1, column 1 =, according to the scope of application of article 12 of Directive 2000/14/EC SP. 2 column 2 =, X in the column 1 or 2 according to the scope of application of article 13 of Directive 2000/14/EC = device or machine falls within the scope of the column 1 or column 2 No./machine SP. 1 SP. 2 01 lift internal combustion engine X 02 Brushcutters X 03 building elevator for the transport of goods with 03.1 internal combustion engine X 03.2 electric motor X 04 building site band saw machine X 05 building site circular saw machine X 06 portable chain-saw safety X 07 combined high pressure flusher and suction vehicle X 08 compaction machine in the construction of 08.1 vibratory rollers and non-vibrating rollers, vibratory plates and vibratory rammers X 08.2 explosion rammers X 09 compressor (< 350 kW) X 10 handheld concrete crusher and degradation , Awakening - and ground-breaking hammer X X 11 concrete - and mortar mixer X 12 construction winch with 12.1 internal combustion engine X 12.2 electric motor X 13 conveying and spraying machine for concrete and mortar X 14 conveyor belt X 15 vehicle cooling unit X 16 grader (< 500 kW) X 17 drill X 18 dump vehicle (< 500 kW) X 19 loading and unloading of silos or tanks on trucks X 20 hydraulic and rope-operated (< 500 kW) X 21 backhoe (< 500 kW) X 22 recycled glass container X 23 grader (< 500 kW) X 24 Grastrimmer/grass edge trimmer X.
25 hedge trimmer X 26 high pressure flusher X 27 high pressure water jet machine X 28 hydraulic breaker X 29 hydraulic power pack X 30 joint cutters X 31 landfill compactors, the type after a loader with bucket (< 500 kw) X 32 lawn mower (installed with the exception of agricultural and forestry equipment - Mehrzweckgeräten, whose main drive is a power of the has more than 20 kW) X 33 lawn trimmers/lawn edge trimmers X 34 leaf blowers X 35 leaf collectors X 36 counterbalanced with internal combustion engine of 36.1 all forklift trucks (counterbalanced on wheels , is intended primarily for natural grown and agitated area such as on construction sites,) X 36.2 other counterbalanced with a capacity of not more than 10 tonnes, except counterbalanced trucks, especially for container handling built are X 37 loader (< 500 kW) X 38 mobile crane X 39 mobile waste container X 40 tiller (< 3 kW) X 41 finishing 41.1 without high-compaction screed X 41.2 with high-compaction screed X 42 hammers X 43 pipe fitters X 44 snowcat X 45 power generators 45.1 < 400 kW X 45.2 > = 400 kW X 46 X Sweeper 47 refuse collection vehicle X 48 road milling machine X 49 scarifier X 50 Shredder/chopper X 51 snow thrower (self-propelled , excluding attachments) X 52 X suction car 53 tower crane X 54 trencher X 55 mobile concrete mixers X 56 water pump (not intended for underwater use) X 57 welding power generator X.