The Detection Procedure To Limit Electromagnetic Fields Regulation

Original Language Title: Verordnung über das Nachweisverfahren zur Begrenzung elektromagnetischer Felder

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Regulation on the detection method for the limitation of electromagnetic fields (BEMFV)

A non-official table of contents

BEMFV

Date of issue: 20.08.2002

Full quote:

" Regulation on the Detection method for limiting electromagnetic fields of 20. August 2002 (BGBl. 3366), which was last amended by Article 2 of the Regulation of 14 June 2000. August 2013 (BGBl. I p. 3259) "

:Last modified by Art. 2 V v. 14.8.2013 I 3259

For details see the menu under Notes

Footnote

(+ + + Text evidence from 28.8.2002 + + +)

Non-Official Table of Contents

Input Formula

Based on § 12 and § 16 (1) (3) of the Act on Funkanlagen and Telecommunications terminal equipment of 31. January 2001 (BGBl. 170) in conjunction with the 2. Section of the Administrative Costing Act of 23. June 1970 (BGBl. I p. 821) decrees the Federal Government: Non-official table of contents

Content overview

§ 1Purpose and scope
§ 2Definitions
§ 3Limits
§ 4Location certificate
§ 5Parts of a location certificate
§ 6 Location sharing
§ 7Revocation and deletion of a site certificate
§ 8Fixed amateur radio facilities
§ 9Location of fixed amateur radio stations
§ 10Further protection of carriers of active body aids
§ 11Start-up and Out-of-operation of a radio system
§ 12Funkanlage change
§ 13 Review
§ 14Orders
§ 15 Charges and Offers
§ 15aAdministrative Offences
§ 16 Transitional rules
§ 17Entry into
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§ 1 Purpose and scope of application

This regulation regulates the verification procedure to ensure the protection of persons in the by the operation of fixed Invented electromagnetic fields. Non-official table of contents

§ 2 Definitions

For the purposes of this Regulation < dl style="font-weight:normal; font-style:normal; text-decoration:none; ">
1.
is a location-based radio facility within the meaning of § 2 No. 3 of the Act on Funkanlagen and Telecommunications terminal equipment, including radar systems, which, during its intended operation, does not undergo any change of location,
2.
is a fixed location Amateur radio station a fixed radio station within the meaning of point 1, which according to § 2 no. 3 of the Amateur Radio Act of 23. June 1997 (BGBl. 1494), which was last amended by Article 48 of the Law of 10 June 1994. November 2001 (BGBl. 2992),
3.
is a place of installation on which a fixed radio facility has been or is to be built; to Location includes all radio equipment operated on the same mast or in the immediate vicinity (the safety distances of the individual antennas overlap),
4.
is the distance required between the reference antenna and the range in which the limit values according to § 3, sentence 1, including the relevant Field strengths of local fixed radio systems are observed,
5.
is the reference antenna with the lowest mounting height above ground, which is a system-related safety distance, or due to its characteristics, must be taken into account in the calculation of the location-based security distance,
6.
is the system-related safety distance between a single fixed antenna and the range in which the limit values according to § 3 sentence 1 are met
7.
is the area of control in which the operator can determine the entry or stay of persons, or in which the operator is able to control the area where the operator is responsible for the
8.
is the operator of the natural or legal person who is responsible for the legal and legal status of the person in question, and real control over the totality of functions of a radio system.
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§ 3 limit values

to limit the electromagnetic fields (EMF) of stationary radio equipment shall be subject to the following values for the frequency range 9 kilohertz to 300 gigahertz:
1.
in the current version of the Ordinance on electromagnetic fields-26. BImSchV-fixed limit values and
2.
for the frequency range 9 kilohertz to 50 megahertz additionally the permissible values for active body aids according to DIN EN 50527-1 (January 2011 edition) and DIN EN 50527-2-1 (May 2012 edition).
The limit values set out in the first sentence must be observed, taking into account emissions from other fixed radio equipment, at least in places where the limit values of the Regulation are also met. about electromagnetic fields-26. BImSchV-must be adhered to. DIN standards, which are referred to in this regulation, have been published by VDE-Verlag GmbH, Berlin and Beuth-Verlag GmbH, Berlin and Cologne, and are deposited at the German Patent and Trademark Office in Munich in terms of their archives. Unofficial table of contents

§ 4 Site attestation

(1) A stationary radio system with an equivalent isotropic radiation power (EIRP) of 10 Watt or more may only be operated if a valid location certificate is available for this location. The same shall apply to a stationary radio equipment with an equivalent isotropic radiation power (EIRP) of less than 10 watts, established at a location with a total radiation power of 10 watts or more, or where: In addition, the total radiation output of 10 watts (EIRP) is reached or exceeded. Sentence 2 shall not apply to such radio equipment which has an equivalent isotropic radiation power (EIRP) of 100 milliwatts or less.(2) Paragraph 1 shall apply to fixed amateur radio equipment only in so far as the provisions of § 8 determine this. Paragraph 1 shall not apply to fixed radio equipment which does not have a system-related safety margin. The operators of the installations referred to in the second sentence shall be informed by the Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railways of the installation sites, indicating the geographical coordinates.(3) By way of derogation from paragraph 1, a fixed radio facility may be operated without a location certificate if the immediate start-up is exclusively for activities related to public security, the security of the State or for activities in the field of security or prosecution are required and the limit values according to § 3 are complied with. No later than four weeks after commissioning, an application must be submitted to the Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railways, or the plant must be taken out of service.(4) In the case of applications for a location certificate for the use of frequencies equal to or greater than 30 megahertz, only those in the Official Journal of the Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railways shall be those published application forms. For the exclusive use of frequencies below 30 megahertz, the location certificate may be requested informally.(5) The application shall be deemed to have been filed only if the application documents of the Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railways are complete and available to the required extent. With the application, the operator of the plants of the Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railways also informs the installation locations with the indication of the geographical coordinates. The application must be enclosed in two copies:
1.
a map (map section, cut out of the map) the land use plan), in which the adjacent land or land (s), respectively, Buildings and their use to the place of operation of the requested radio equipment shall be reproduced,
2.
during installation of the transmitting antenna on a building a construction drawing or sketch of the building with dimensions (side view and plan view), in which the assembly location of the radio system is to be presented
3.
Antenna Diagrams with respect to the antennas to be used.
(6) Sets the processing of an application to issue a location certificate. A reassessment of radio equipment already installed at the site is subject to a fee for the applicant for the expenses incurred. Non-official table of contents

§ 5 Parts of a location certificate

(1) The Federal Network Agency shall identify the location certificate for the purposes of issuing the location certificate. Electricity, Gas, Telecommunications, Post and Railways, preferably mathematically or also in terms of metrology according to DIN EN 50413 (August 2009 issue), based on the system-related safety distances, which are used to comply with the limit values according to § 3 location-related safety distance required. It also refers to the relevant field strengths of surrounding stationary radio equipment (site-specific field factor). If the Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railways issues the location certificate on the basis of metrological examination, it shall document the result thereof in a suitable form.(2) The Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railways shall issue a location certificate if the location-related safety margin is within the controllable range. The facility may only be operated if no persons are present within the location-related security clearance, unless there are technical reasons for operating.(3) If the conditions set out in the first sentence of paragraph 2 do not exist, a location certificate may be issued in agreement with the competent immission protection authority only if
1.
is a shortwave, medium-wave, or long-wave radio transmitter, and
2.
taking into account the special circumstances of the individual case, in particular the nature and duration of the plant occupancy and the actual stay of persons in the impact area of the plant, harmful health effects are not to be expected. The area in which the limit values are not met outside the controllable range is to be determined by the Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railways in the location certificate (Supplementary area for broadcasting stations).
To ensure that these requirements are met, the location certificate must be accompanied by secondary provisions. The limits of the supplementary area shall be marked by the operator. The Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railways regularly checks compliance with the requirements. The installation may only be operated if no persons are present within the location-related safety clearance, which is in the controllable range, unless it is for operational reasons.(4) Where a location certificate within the meaning of paragraphs 2 and 3 may be issued for a stationary radio equipment due to metrological conditions only after its establishment and provisional entry into service, the applicant shall, on request, be subject to: Provisional location certificate if, on the basis of the data available, it is to be assumed that the conditions for issuing a location certificate will be met. Before the final commissioning, the Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railways checks the radio equipment. If the conditions are met by means of metrological conditions in order to issue the location certificate referred to in paragraph 2 or 3, they shall be issued by them.(5) In order to inform the public, the Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railways (Bundesnetzagentur für Electricity, Gas, Telecommunications, Post and Railways) operates an information portal in the form of an information portal for installations with a location certificate. The safety distance referred to in paragraph 1 shall be excluded. Non-official table of contents

§ 6 Site co-use

(1) Further fixed location is already fixed at the designated location of a stationary radio system. In the case of radio equipment and the total power of all the fixed radio equipment to be operated at the site, a radiation power (EIRP) of 10 watts and more is available for the last radio station to be established, a location certificate shall be issued for the radio station. apply. The applicant of this radio system shall be obliged to name the Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railways the operators of the other fixed radio equipment. The Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railways may request the operators of the existing installations to provide the data necessary for the verification, provided that the data are not available on the basis of a existing location certificate. If, within eight weeks of the request, the required data are not submitted by these operators, the applicant shall declare whether the period shall be extended or be extended by the Federal Network Agency for Electricity, Gas, Telecommunications, Post and railways shall be subject to a field strength measurement which is subject to a charge. If the applicant has requested an extension of the time limit and if the necessary data are not available even after the expiry of this period, the Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railways may refuse the application.The obligations laid down in paragraph 1 shall also apply to the operator of a stationary radio system used at a common location, which shall amend its installation in such a way that the conditions under which the location certificate has been issued no longer apply are given.(3) In the evaluation of an already existing amateur radio system, according to the instructions of the Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railways for the implementation of the display for each transmitting antenna or transmitting antenna grouping to accept the most unfavorable send configuration. The cost of involving the amateur radio system shall be borne by the applicant for the location certificate.The location certificate issued for the last radio installation to be set up or to be changed within the meaning of paragraph 2 shall also apply to the other stationary radio equipment available at the site and shall replace previous location certificates for the latter. Location. The operators of these radio equipment will receive a copy of the new location certificate issued by the Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railways (Bundesnetzagentur für Electricity, Gas, Telecommunications, Post and Railways), stating the owner of the location certificate Unofficial table of contents

§ 7 Revocation and deletion of a site certificate

(1) A location certificate can be revoked if the § 3 limits have been amended.(2) A location certificate shall be issued if the conditions for its grant are no longer given in respect of the technical parameters of the radio system or as a result of a change in the environment of the radio equipment.(3) A provisional location certificate shall be issued with the granting of a location certificate in accordance with § 5 (2) or (3). Non-official table of contents

§ 8 Local amateur radio stations

(1) A fixed amateur radio system requires a location certificate in accordance with § 5, if: are already located at the designated site of the plant, where the regulations of § 4 are to be applied.(2) A fixed amateur radio station where a total radiation power (EIRP) of 10 watts or more is reached at the location of the amateur radio station may otherwise only be operated if
1.
the location-based security distance is within the controllable range,
2.
the operator has shown the asset according to § 9,
3.
the operating data the display or application data and
4.
no persons, especially carriers of active body aids, can be adversely affected by the operation.
(3) From the The first sentence of the first sentence of paragraph 2 shall be subject to the operator's compliance with the limit values laid down in Section 3, sentence 1, point 2, if he/she
1.
The Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railways within the scope of the ad according to § 9 represents the area outside the controllable range in which the limit values laid down in section 3, first sentence, point 2, are not complied with (supplementary area for active bodily aids),
2.
is responsible for the fact that carriers of active agents are Body aids during the operation of the amateur radio system do not stop in the supplementary area.
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§ 9 Display of fixed-term information Amateur radio equipment

(1) The operator of a fixed amateur radio system with an equivalent isotropic radiation power (EIRP) of 10 Watts or more has this before the Federal Network Agency for Electricity, Gas, Telecommunications, Mail and railways. The instructions published in the Official Journal of the Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railways shall be used for the implementation of the ad.(2) The operator must determine the safety margin required to comply with the limit values in accordance with the standard DIN EN 50413 (issue August 2009) and to document it in a comprehensible form.(3) The display shall be accompanied by a comprehensible graphic representation of the location-based security clearance and of the area which can be controlled by the operator. The operator shall also keep the following documents available from the date of entry into service:
1.
Documentation on compliance with § 8 para. 2 and 3,
2.
Antenna Diagrams, if they are commercially available antennas,
3.
a site plan based on the land use plan, the land use plan, in which the adjacent Land or Buildings and their use to the location of the displayed radio equipment as well as the areas in which the limit values according to § 3 are to be complied with,
4.
when mounting the transmitting antenna on a building, a construction drawing or sketch with dimension (side view and top view) and
5.
indication of the configuration of the installed fixed amateur radio system, including its transmission power and all other technical parameters used to assess the installation
() The operator of an amateur radio operator is also obliged to check whether his or her details are still correct, even after his notification has been issued. In those cases where the display no longer corresponds to the actual situation, the operator must re-execute the display procedure.(5) A notifiable amateur radio station may be included in the information portal in accordance with Article 5 (5) if the operator of the amateur radio station agrees to this recording and the display has been made in the form which is shown in the instructions for the amateur radio station. Implementation of the display is described. If the operator of the amateur radio station requests that the notifiable amateur radio station be taken out of the information portal, the publication made in the information portal in accordance with the first sentence shall be immediately, but no later than two weeks after the publication of the amateur radio station. Receipt of this application, to be deleted. Non-official table of contents

§ 10 Further protection of carriers of active bodily aids

(1) Anyone who has a fixed radio facility or an amateur radio facility in a frequency range of 9 kilohertz to 3 gigahertz shall be used in a suitable manner to enable the protection of carriers of active body auxiliaries which are in the range in which the limit values according to DIN EN 50527-1 (January edition) 2011) and DIN EN 50527-2-1 (issue May 2012) (impact area for active body aids). He shall keep a documentation of the measures he has taken and shall submit it to the competent authorities upon request.(2) The Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railways shall have the scope of action for active bodily aids in so far as it exceeds the safety margin laid down in the site certificate, in which: Location certificate. The operator of a fixed amateur radio system, which is subject to the notification requirement of section 8 (2) or (3), has to indicate the scope of action for active body aids in a drawing representation. Section 9 (2) shall apply accordingly. Unofficial table of contents

§ 11 Start-up and out-of-operation of a radio system

(1) The commissioning and substantial change of a The Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railways shall be notified at least two weeks prior to its entry into service, which is subject to the regulations of § 4. The Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railway (Bundesnetzagentur für Electricity, Gas, Telecommunications, Post and Railways) is to be notified without delay of the decommissioning of a stationary radio system subject to the regulations of § 4.(2) The date of entry into service and the decommissioning of a fixed radio equipment (base station) in public telecommunications networks which has an equivalent isotropic radiation power of less than 10 watts (EIRP) shall be the The Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railways shall be notified within four weeks after they have been in or out of operation. Sentence 1 shall not apply to radio equipment which has an equivalent isotropic radiation power (EIRP) of 100 milliwatts or less. Non-official table of contents

§ 12 Change of the radio system

(1) The operator of a fixed amateur radio system that meets the requirements of section 8 (2) or 3, a new indication shall be made in accordance with § 9, if the radio equipment has technical parameters, so that the conditions under which the advertisement was made are no longer given.(2) The operator of a stationary radio system, which is subject to the provisions of § 4, shall immediately notify the Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railways of changes to the radio equipment in respect of the reported data. . Non-official table of contents

§ 13 Review

(1) The Federal Network Agency for Electricity, Gas, Telecommunications, Post, and Railways can be used on site to Check compliance with the values set out in the location certificates and document the functionality of the location procedure through regular measurement series. In order to carry out the verification, the operator shall allow the staff of the Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railways to enter the relevant radio equipment at normal business hours, and shall all be responsible for the verification of the To carry out and support the implementation of the review. The operator shall bear the costs of the control if the information given in his application was incorrect.(2) The Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railways shall be able to verify the information provided in the context of the notification in accordance with § 9. To this end, the operator has to provide the documentation of the Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railways, which is to be kept in accordance with § 9 (3). If the Authority has indications that the requirements of this Regulation are not being complied with, it shall issue a review of the Annex. For the metrological examination, the amateur radio station is to be kept ready for transmission after prior notice. The provisions of the second sentence of paragraph 1 shall apply mutatily. Non-official table of contents

§ 14 orders

The Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railways meets the , in order to ensure compliance with this Regulation. In particular, it can restrict or prohibit the operation of the stationary radio system. Arrangements which ensure compliance with § 3, first sentence, No. 1, shall be made in agreement with the competent Immission Control Agency. Non-Official Table of Contents

§ 15 Fees and Deposits

For individually attributable public services of the Federal Network Agency for Electricity, Gas, telecommunications, postal services and railways under the aforementioned rules shall be levied and levied in accordance with Annex 1. In the cases
1.
the withdrawal of an application after the commencement of the factual processing and before the Termination of the individually attributable public service or the rejection of an application for reasons other than due to lack of competence shall be up to 75 percent of the fee for the administrative act requested,
2.
a complete or partial rejection of an objection to a substantive decision, in so far as the lack of success is not only due to the inconsistency of the violation of a Procedure or form is based on § 45 of the Administrative Procedure Act, up to 100 per cent of the fee for the individually attributable public service " shall be charged
. Non-official table of contents

§ 15a Administrative Offences

Unlawful within the meaning of Section 17 (1) (7) of the Act on Funkanlagen and Telecommunications terminal equipment is the person who, intentionally or negligently, runs a stationary radio facility in breach of § 4 (1) sentence 1, also in connection with sentence 2, in breach of § 5 (2) sentence 2 or in breach of § 5 (3) sentence 5. Non-official table of contents

§ 16 Transitional provisions

§ 4 applies up to 31. December 2003 does not apply to fixed radio equipment, which is before the 20. It was put into operation in August 1997. If, after the entry into force of this Regulation, such an installation is technically modified or if further stationary radio equipment is established at its site, § 4 shall apply. Non-official table of contents

§ 17 Entry into force

This Regulation will enter into force on the day after the announcement. Non-official table of contents

Final formula

The Bundesrat has agreed. Non-tampering table of contents

Asset (to § 15)

Original text site: BGBl. I 2002, 3371
A. Fees for granting a location certificate Charge in Euro
A.1 Basic amount for editing an application 73
A.2 In addition to A.1 for each send antenna to be evaluated (also for transmitting antennas already existing and to be rated at the site in the case of site co-use; also in the case of provisional location certificates according to § 5 (4) 92
A.3 In addition to A.1 when viewing a location after § 5 para. 3 The amount of the fee is based on the actual cost based on the fee numbers A.5.1 to A.5.3.
A.4 Depending on the transmitting antenna to be evaluated, when converting a provisional to a final location certificate 92
A.5 In addition to charge positions A.2 through A.4, if measurements or near field calculations are required The amount of the fee is based on the Actual effort based on fee numbers A.5.1 to A.5.5.
A.5.1 Hourly rate for senior service officers 240, 17
A.5.2 Hourly rate for top-service officials 169, 37
A.5.3 hourly rate for middle-aged officials Service 129, 82
A.5.4 Hourly rate for the use of measuring vehicles (including metrological equipment in the measuring vehicle) 57, 26
A.5.5 Driving performance of a measuring car per kilometre 0, 23
B. Other Charges Charge in Euro
B.1 Display of a non-certifying radio system according to § 11 paragraph 2 22
B.2 Second copy of a location certificate 25
C. Operation of a radio system without the required location certificate or in violation of its provisions; violation of display and documentation requirements; operation of an amateur radio system in violation of against § 8 of the regulation Charge in Euro
C.1 Administrative editing of a violation including setting the measures by effort 100 to 2,000
C.2In addition to C.1 when you run a mobile measurement insert The amount of the fee is measured according to the actual cost based on the charges A.5.1 to A.5.5.