The Detection Procedure To Limit Electromagnetic Fields Regulation

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

Read the untranslated law here: http://www.gesetze-im-internet.de/bemfv/BJNR336600002.html

Regulation on the detection methods to limit electromagnetic fields (BEMFV) BEMFV Ausfertigung date: 20.08.2002 full quotation: "regulation on the detection methods to limit electromagnetic fields of 20 August 2002 (BGBl. I S. 3366), most recently by article 2 of regulation from 14 August 2013 (BGBl. I S. 3259) is changed" stand: last amended by art. 2 V v. 14.8.2013 3259 for details on the stand number you find in the menu see remarks footnote (+++ text detection from) : 28.8.2002 +++) input formula on the basis of section 12 and section 16, paragraph 1 No. 3 of the Act on radio equipment and telecommunications terminal equipment by January 31, 2001 (BGBl. I p. 170) in conjunction with the 2nd section of the administrative expenses Act of 23 June 1970 (BGBl. I p. 821) ordered the Federal Government: table of contents section 1 purpose and scope of application article 2 definitions article 3 limits section 4 site certificate § 5 grant a site certificate § 6 location sharing § 7 revocation and lapse of a site certificate § 8 fixed amateur radio installation § 9 display fixed amateur radio equipment article 10 of further protection by Carriers of active body aid § 11 start-up and shut-down of a radio system § 12 modification of the radio installation § 13 review § 14 arrangements article 15 fees and expenses section 15a of the offences section 16 transitional provisions article 17 entry into force article 1 purpose and scope this regulation lays down the means to ensure of the protection of persons in the electromagnetic fields caused by the operation of fixed radio systems.

Article 2 definitions for the purposes of this regulation 1 is a fixed wireless system a radio system within the meaning of section 2 No. 3 of the Act on radio equipment and telecommunications terminal equipment including radars, while their intended operation no change of place learns 2 is a fixed radio systems in the meaning of point 1, a fixed amateur radio equipment in accordance with § 2 No. 3 of the amateur radio law of 23 June 1997 (BGBl. I p. 1494) , last by article 48 of the law of 10 November 2001 (Federal Law Gazette I S. 2992) is changed, is operated 3. a site is a location where a fixed wireless system was built or to be built all radio systems (the safety distances of individual antennas overlap) from each other are operated on the same mast, or in the immediate vicinity include the location, 4. the required distance between the reference antenna and the area in which the limits pursuant to § 3 sentence 1, incorporating the relevant field strengths of surrounding stationary radio installations is the location-based safety distance, 5 is the reference antenna the antenna with the lowest mounting height above ground , which requires a systemic safety distance or because of their characteristics in the calculation of the location-based safety distance must be considered, 6 is the distance between a single fixed antenna and the area in which the pursuant to paragraph 3 sentence 1 limits the systemic safety distance, 7 is the area in which the operator about the entry or stay of persons can determine or where due to the actual conditions of access of persons is excluded the controllable range , 8. the operator is the natural or legal person who has the legal and actual control of all the functions of a radio system.

§ 3 limits to the limit of electromagnetic fields (EMF) from stationary radio installations are to comply with 9 kilohertz the following values as limits for frequencies up to 300 GHz: 1. the limit values laid down in the amended of regulation on electromagnetic fields - 26 BImSchV -, and 2 for the frequency range 9 kilohertz to 50 megahertz in addition the allowed values for active body AIDS after DIN EN 50527-1 (January 2011 edition) and DIN EN 50527-2-1 (Edition may, 2012).
The limit values are to maintain under consideration of emissions of other fixed radio systems at least in the places, where also the limit values of electromagnetic fields - 26 BImSchV - regulation must be observed pursuant to sentence 1. DIN standards referenced in this regulation have appeared at the VDE-Verlag GmbH, Berlin and the Beuth-Verlag GmbH, Berlin and Cologne archive terms secured laid down at the German patent and trade mark Office in Munich.

§ 4 site certificate (1) a fixed wireless system with an equivalent isotropic radiated power (EIRP) of 10 Watts or more may only be operated, if this site has a valid certificate of location. The same is true for a fixed radio system with an equivalent isotropic radiated power (EIRP) of less than 10 Watts, which of 10 Watts or more was built on a site with a total capacity of radiation, or if by the incoming radio system the total radiated power of 10 Watts (EIRP) is reached or exceeded. Sentence 2 shall not apply for such radio systems which have an equivalent isotropically radiated power (EIRP) of 100 milliwatts or less.
(2) paragraph 1 shall apply to fixed amateur radio equipment only as far as the provisions of article 8 will determine this. Paragraph 1 shall not apply to fixed radio systems, that have no systemic safety distance. Operators of installations pursuant to sentence 2 have the Federal Network Agency for electricity, gas, telecommunications, to disclose the locations showing the geographical coordinates post and railways.
(3) by way of derogation from paragraph 1 a fixed wireless system without site certificate may be operated, if the immediate starting exclusively for activities in connection with the public security, the security of the State or for activities in the area of security or law enforcement is necessary and the limits under section 3. No later than four weeks after commissioning, an application must exist in the Federal Network Agency for electricity, gas, telecommunications, post and railways or taken the plant out of operation.
(4) only you in the official journal of the Federal Network Agency for electricity, gas, telecommunications are in the case of applications for the grant of a site certificate for the use of frequencies equal to or greater than 30 megahertz, published application forms to use post and railways. The site certificate may be obtained informally for the exclusive use of frequencies below 30 megahertz.
(5) the application are deemed to be made, only if the application documents of the Federal Network Agency for electricity, gas, telecommunications, post and railways completely and to the extent necessary. With the request of the operators of the Federal Network Agency for electricity, gas, telecommunications, post and railways informs also the locations showing the geographical coordinates. The application shall be accompanied by two copies: 1 a location map (maps, excerpt from the development or land use plan), in which are to be again the adjacent land or buildings and their use for the location of the proposed radio system, 2. when mounting the antenna on a building a building drawing or sketch of the structure with dimensions (side view and top view), in the location of the radio system to represent is , 3 antenna diagrams for the antennas to be used.
(6) the processing of an application for the grant of a site certificate requires a re-evaluation of radio equipment installed on the site, the applicant for the resulting effort is subject to charges.

§ 5 grant a site certificate (1) for the issuing of the certificate of the site determined the Federal Network Agency for electricity, gas, telecommunications, post and railways preferably mathematically or even measurements according to DIN EN 50413 (August 2009 issue) on the basis of system-related safety distances the site-related safety distance required to comply with the limit values according to § 3. Is also the relevant field strengths of surrounding stationary radio installations a (site-specific factor of environment). The Federal Network Agency for electricity, gas, telecommunications, post and railways granted the site certificate on basis of metrological examination, she documented their results in an appropriate form.
(2) the Federal Network Agency for electricity, gas, telecommunications, post and railways has to grant a site certificate, if the location-based safety distance is within the controllable range. The unit may be operated only when there are no people within the location-based safety distance, except for operating reasons.
(3) if the conditions of paragraph 2 sentence 1 not available, can a site certificate in consultation only with the competent immission protection authority be granted, if 1 it is a shortwave, mediumwave or longwave broadcasting stations, and 2, taking into account the special circumstances of the case, in particular the type and duration of asset utilization and actual residence of persons in the sphere of influence of the installation. , adverse health impacts are not expected. The area in which the limits outside the controlled area are not respected by the Federal Network Agency for electricity, gas, telecommunications is to determine post and railways (supplement range for broadcasting transmitters) in the site certificate.
To ensure of these requirements, the site certificate with incidental provisions is to be provided. The limits of the supplement are to identify by the operator. The Federal Network Agency for electricity, gas, telecommunications, post and railways periodically checks the compliance with the requirements. The unit may be operated only when there are no people within the location-based safety distance, which is located in the controlled area, unless for technical reasons.
(4) may be granted a certificate of location within the meaning of paragraphs 2 and 3 for a fixed radio system due to measurement conditions after their establishment and provisional operation, is to grant the applicant on request before a provisional certificate of location, if it can be assumed on the basis of the present data that the preconditions to the granting of a site certificate will be given. Before the final, the Federal Network Agency for electricity, gas, telecommunications, post and railways checks the radio system. The conditions due to measurement conditions for issuing the certificate of location are available according to paragraph 2 or 3, it granted them.
(5) to inform the public, the Federal Network Agency for electricity, gas, telecommunications, post and railways in non-personal form operates an information portal, that indicates that the relevant security clearance for systems with site certificate referred to in paragraph 1.

§ 6 other fixed radio systems are available at the planned site of a stationary radio installations location sharing (1) and the overall performance of all stationary radio equipment to be operated at the site yields a radiated power (EIRP) of 10 Watts or more, so a site certificate to apply for is for the radio equipment to be built. The subject of this radio system is obliged to call the rest of stationary radio operators of the Federal Network Agency for electricity, gas, telecommunications, post and railways. The Federal Network Agency for electricity, gas, telecommunications, post and railways may require the operators of the existing facilities, to provide the data required for the examination, unless you are the data not on the basis of an existing site certificate. Eight weeks after the prompt the required data not provided by these operators, the applicant has to explain whether to extend the deadline or conducted by the Federal Network Agency for electricity, gas, telecommunications, a field strength measurement paid for post and railways. The applicant has requested an extension of the time limit and the required data even after this deadline are not available, the Federal Network Agency for electricity, gas, telecommunications, post and railways can reject the application.
(2) the obligations of paragraph 1 apply to the operator of a fixed wireless system used in a common location, which changes its system so that the conditions under which the site certificate was granted no longer exist.
(3) in the assessment of an already existing amateur radio system is according to the instructions of the Federal Network Agency for electricity, gas, telecommunications, assume the worst configuration of send post and railways to carry out the display for any antenna or transmitter antenna grouping. The applicant of the certificate of the site bear the costs for the inclusion of amateur radio equipment.
(4) the site certificate issued for the radio system to be built or to be modified within the meaning of paragraph 2 applies to existing fixed radio systems at the same time the rest of the site, and replaces earlier site certificates for this site. The operator of this radio equipment see name of the owner the site certificate, a copy of the new site certificate of the Federal Network Agency for electricity, gas, telecommunications, post and railways.

§ 7 cancellation and termination a site certificate (1) a site certificate may be revoked if the limits of article 3 have been changed.
(2) a site certificate is void if the conditions are no longer met for their issue with regard to the technical parameters of the radio system or as a result of a change in the environment of the radio system.
(3) a provisional certificate of location goes out with grant a site certificate according to section 5 paragraph 2 or 3.

§ 8 fixed amateur radio installation (1) a fixed amateur radio installation requires a site certificate referred to in § 5, if already fixed radio systems are located at the intended site of the plant, that the provisions of section 4 are applicable.
(2) a fixed amateur radio installation at their site a total radiated power (EIRP) of 10 Watts or more is achieved, may only be operated otherwise, if 1 the locational separation distance is within the controllable range, 2. the operator of the facility has indicated pursuant to § 9 3 that do not exceed the display or application data operating data and 4 by operating no people, specifically, carriers of active body aid , health can be harmed.
(3) the requirement of paragraph 2 may sentence 1 No. 1 of the operator with respect to the compliance with the limit values pursuant to paragraph 3 sentence 1 number 2 differ if he 1 the Federal Network Agency for electricity, gas, telecommunications, post and railways in the context of the display in accordance with § 9 represents the area outside of the control, in which the limits pursuant to paragraph 3 sentence 1 number 2 are not respected (supplement range for active body assistance) , 2. this concern is that active body aid users to stop during the amateur radio equipment not with regard to supplement.

Section 9 has fixed amateur radio system (1) the operator of a fixed amateur radio system with an equivalent isotropic radiated power (EIRP) of 10 Watts or more before the Federal Network Agency for electricity, gas, telecommunications, to display post and railways. This is in the official journal of the Federal Network Agency for electricity, gas, telecommunications, to apply published instructions to carry out the display post and railways.
(2) the operator has the safety distance required to comply with the limits calculation or measure on the basis of the standard DIN EN 50413 (August 2009 Edition) to determine and document in comprehensible form.
(3) a comprehensible drawings of the location-based safety distance and area controllable by the operator the display shall be attached. Also as of the date of commissioning, the operator has the following documents available to keep: 1 documentation of compliance with the requirements of § 8 par. 2 and 3, 2nd antenna diagrams, unless it's commercially available antennas, 3rd position plan on the basis of the construction, real estate or land use plan, in which the adjacent land or buildings and their use for the location of the displayed radio system, and regions , in which the limit values pursuant to article 3 must be observed, to be again, 4. when mounting the antenna on a building an architectural drawing or sketch with dimensions (side view and top view) and 5 specifying of the configuration of the installed fixed amateur radio equipment, including its power and all other technical parameters, the assessment arising from the system maximum electromagnetic fields are required.
(4) the operator of an amateur radio installation is required even after delivering his message, to ascertain whether his information is still accurate. In the cases where the display no longer corresponds to the actual conditions, the notification procedure to perform again is by the operator.
(5) a notifiable amateur radio station can be recorded in the information portal according to § 5 paragraph 5, if the operator of amateur radio station of this recording agrees, and in the form is displayed, which is described in the instructions for the implementation of the display. For the operator of amateur radio station the dredging of the notifiable amateur radio station from the information portal, so is 1 publication in the information portal set immediately, but no later than two weeks after receipt of this request to delete.

§ 10 other protective carriers active body AIDS (1) a person who operates a fixed radio system or an amateur radio equipment in the frequency range of 9 kHz to 3 GHz, has to allow the protection of active body AIDS carriers, who are in the area, in which the limit values according to DIN EN 50527-2-1 (Edition may, 2012) are not respected EN 50527-1 (January 2011 edition) and DIN in appropriate manner (sphere of influence for an active body assistance). He has to provide documentation on the measures taken by him and submit to the competent authorities upon request.
(2) the Federal Network Agency for electricity, gas, telecommunications, post and railways is the sphere of influence of active body aid, as far as it goes beyond the safety distances set out in the site certificate, from the site certificate. The operator of a fixed amateur radio equipment, which is subject to the obligation of article 8, paragraph 2 or 3, has to specify the sphere of influence for active body AIDS in a drawing representation. Section 9, paragraph 2 shall apply mutatis mutandis.
§ 11 start-up and shut-down of a radio system (1) is the commissioning and transpires a stationary radio equipment, which is subject to the provisions of section 4, the Federal Network Agency for electricity, gas, telecommunications, post and railways to display at least two weeks before the. The shutting down of a fixed radio equipment, which is subject to the provisions of section 4, is the Federal Network Agency for electricity, gas, telecommunications, to display post and railways without delay.
(2) the date of the commissioning and decommissioning of fixed wireless system (base station) in public telecommunications networks, which has an equivalent isotropically radiated power (EIRP) of less than 10 Watts, is the Federal Network Agency for electricity, gas, telecommunications, to display post and railways within four weeks after the home or shut-down. Sentence 1 does not apply to wireless systems, which have an equivalent isotropically radiated power (EIRP) of 100 milliwatts or less.

§ 12 modification of the radio installation (1) the operator of a fixed amateur radio equipment, which is subject to the requirements of § 8 paragraph 2 or 3, has to make a new display according to § 9, if the radio system has technical parameters, so that the conditions under which the display was made are no longer given.
(2) the operator of a fixed radio installation, subject to the provisions of section 4, has the Federal Network Agency for electricity, gas, telecommunications, notified to post and railways changes the radio system in terms of the reported data.

Article 13 compliance with the values set in the location certificates check (1) which can be Federal Network Agency for electricity, gas, telecommunications, post and railways site and through regular measurements, the functionality of the site process document. The operator must performing validation, to give access to the radio plant post office and railways during usual business hours, making all to carry out the verification measures and to support the staff of the Federal Network Agency for electricity, gas, telecommunications. The operator has to bear the expenses of controlling, if the information provided in his application were inaccurate.
(2) the Federal Network Agency for electricity, gas, telecommunications, post and railways can check in details according to § 9 made for the display. This, the operator has to be observed provided according to § 9 para 3 documentation of the Federal Network Agency for electricity, gas, telecommunications to submit post and railways. Evidence of authority, that the requirements of this regulation are not complied, she arranges an inspection of the system. For the metrological verification after prior notification, the amateur radio station is ready to send data to keep. Paragraph shall apply accordingly 1 sentences 2 and 3.

§ 14 arrangements the Federal Network Agency for electricity, gas, telecommunications, post and railways meets the required arrangements, to ensure compliance with this regulation. She can restrict in particular the operation of the fixed radio equipment or prohibit. Orders No. 1 ensuring compliance with article 3, sentence 1, are to meet in agreement with the competent immission protection.

§ 15 fees and expenses for individually attributable public services of the Federal Network Agency for electricity, gas, telecommunications, post and railways due to the aforementioned regulations are fees and expenses charged to Appendix 1. In cases 1 the withdrawal of an application after the commencement of the substantive editing and before the completion of the individually attributable public performance or the rejection of an application for other reasons than lack of jurisdiction because of up to 75 percent of the fee for the requested administrative act, 2 a full or partial rejection of an objection against a decision, be is as far as the failure not only upheld the breach of a procedural or formality according to article 45 of the administrative procedure act , up to 100 percent of the fee for the contested individually attributable public performance are raised.

§ 15a paragraph 7 of the law on radio equipment and telecommunications terminal equipment is offences any person in the meaning of article 17, paragraph 1, who intentionally or negligently contrary to article 4, paragraph 1, sentence 1, also in conjunction with sentence 2, contrary to section 5, paragraph 2, sentence 2 or contrary to article 5, paragraph 3, sentence 5 operates a fixed wireless system.

§ Does not apply until December 31, 2003 16 transitional provisions § 4 for fixed radio systems were made prior to August 20, 1997, in operation. Such a plant is technically modified after entry into force of this regulation or other fixed radio systems are built on their site, article 4 shall apply.

Article 17 entry into force this regulation enters into force on the day after the announcement.

Concluding formula the Federal Council has approved.

Plant (for section 15) site of the original text: BGBl. 2002 I, 3371 A. fees for issuing a certificate of location fee in euro A. 1 basic amount for processing an application for 73 A. 2 in addition to A. 1 for each transmitting antenna to be evaluated (also for already existing on the site and to transmitting antennas at site joint; even when preliminary site certificates pursuant to § 5 para 4) 92 A. 3 in addition to A. 1 when viewing a site according to § 5 para 3 the amount of the fee is calculated according to the actual expense on the basis of the fee numbers A. 5.1 to A. 5.3.
A. 4 according to fossilised transmitting antenna in the conversion of a temporary in a final site certificate 92 A. 5 in addition to the fees positions A. 2 to A. 4, if measurements or near field calculations are required the fee is calculated according to the actual expenses from the fees numbers A. 5.1 to A. 5.5.
A. 5.1 hourly rate for civil servants of the higher service 240,17 A 5.2 hourly rate for civil servants of the upscale service 169,37 A 5.3 hourly rate for civil servants of the Middle service 129,82 A 5.4 hourly rate for the use of measuring vehicle (including measurement in the test car) 57,26 A 5.5 driving performance of a measuring vehicle per kilometre 0.23 B. other fees fee in euro B. 1 display of a not subject to certification radio equipment in accordance with § 11 para. 2 22 b.2 duplicate of a site certificate 25 C. operate a radio without the site certificate that is required, or in violation of its provisions. Violation of notification and documentation obligations; Operating an amateur radio system in violation of section 8 of the regulation fee in euro C. 1 administrative edit of infringement including setting the measures to cost 100 to 2,000 c. 2 in addition to C. 1 for running a mobile measuring insert the amount of the fee is calculated according to the actual expenses from the fees numbers A. 5.1 to A. 5.5.