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

Unofficial table of contents

BEMFV

Date of completion: 20.08.2002

Full quote:

" Regulation on the detection method for the limitation of electromagnetic fields of 20 August 2002 (BGBl. 3366), as last amended by Article 2 of the Regulation of 14 August 2013 (BGBl I). 3259). "

Status:

Last amended by Art. 2 V v. 14.8.2013 I 3259

For more details, please refer to the menu under Notes

Footnote

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

  

Unofficial table of contents

Input formula

On the basis of § 12 and § 16 (1) No. 3 of the Law on Funkanlagen and Telecommunication Terminal Equipment of 31 January 2001 (BGBl. 170), in conjunction with the second section of the Administrative Costing Act of 23 June 1970 (BGBl. I p. 821), the Federal Government is responsible for: Unofficial table of contents

Content Summary

§ 1	Purpose and scope
§ 2	Definitions
§ 3	Limits
§ 4	Location certificate
§ 5	Granting a location certificate
§ 6	Site co-use
§ 7	Revocation and deletion of a site certificate
§ 8	Fixed amateur radio equipment
§ 9	Display of fixed amateur radio equipment
§ 10	Further protection of carriers of active body aids
§ 11	Commissioning and decommissioning of a radio system
§ 12	Change of radio equipment
§ 13	Review
§ 14	Arrangements
§ 15	Fees and expenses
Section 15a	Irregularities
§ 16	Transitional provisions
§ 17	entry into force

Unofficial table of contents

§ 1 Purpose and scope

This Regulation lays down the verification procedure to ensure the protection of persons in the electromagnetic fields arising from the operation of stationary radio equipment. Unofficial table of contents

§ 2 Definitions

For the purposes of this Regulation

1.

is a fixed radio station in the sense of Section 2 (3) of the Law on radio equipment and telecommunications terminal equipment, including radar installations, which does not undergo any change of location during its intended operation;

2.

A fixed amateur radio station is a fixed radio station within the meaning of point 1, which is established pursuant to § 2 No. 3 of the Amateur Radio Act of 23 June 1997 (BGBl. 1494), as last amended by Article 48 of the Law of 10 November 2001 (BGBl I). 2992),

3.

is an installation location where a fixed radio station has been or is to be established; the location includes all radio equipment located on the same mast or in the immediate vicinity (the safety distances of the individual antennas) overlap each other),

4.

The distance between the reference antenna and the area in which the limit values in accordance with § 3, sentence 1, with the inclusion of the relevant field strengths of the surrounding fixed radio equipment, are complied with, is the distance between the location-related safety-security distance.

5.

The reference antenna shall be the transmitting antenna with the lowest mounting height above ground requiring a system-related safety margin or due to its characteristics in the calculation of the location-related safety distance must be

6.

the system-related safety margin shall be the distance between a single fixed antenna and the area in which the limit values set out in section 3, sentence 1, are complied with,

7.

the area in which the operator can control the entry or residence of persons or in which the actual conditions of access of persons are excluded,

8.

the operator is the natural or legal person who has the legal and actual control over the totality of functions of a radio system.

Unofficial table of contents

§ 3 Limit values

In order to limit the electromagnetic fields (EMF) of stationary radio equipment, the following values are to be observed as limit values for the frequency range 9 kilohertz to 300 gigahertz:

1.

in the current version of the Regulation 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 (issue May 2012).

The limit values set out in the first sentence shall be complied with, taking into account emissions from other fixed radio equipment, at least in places where the limit values of the Regulation on electromagnetic fields-26 are also observed. 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. Unofficial table of contents

§ 4 Location certificate

(1) A stationary radio system with an equivalent isotropic radiation power (EIRP) of 10 watts 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. The second paragraph shall not apply to 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 regulations 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 inform 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 location shall be -a sound installation without a location certificate is operated if the immediate start-up is exclusively for activities related to public safety, security of the State or for security activities; or the law enforcement is required and the limit values are complied with in accordance with § 3 . 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 installation must be withdrawn. (4) For applications for the grant of a Location certificate for the use of frequencies equal to or greater than 30 megahertz shall be exclusively the application forms published in the Official Journal of the Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railways . 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, postal services and railways are available in full and in 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 shall be accompanied by a two-fold copy:

1.

a map (map section, section from the development or land use plan) in which the adjacent land or land buildings and their use must be reproduced at the place of operation of the requested radio equipment;

2.

in the case of installation of the transmitting antenna on a structure, a construction drawing or sketch of the structure with dimensions (side view and plan view), in which the assembly location of the radio installation is to be represented,

3.

Antenna diagrams with respect to the antennas to be used.

(6) If the processing of an application for the issue of a location certificate requires a re-evaluation of radio equipment already installed at the site, the applicant shall be subject to a fee for the expenses incurred. Unofficial table of contents

§ 5 Parts of a site certificate

(1) The Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railways (Bundesnetzagentur für Electricity, Gas, Gas, Telecommunications, Post and Railways) shall determine the location certificate in accordance with DIN EN 50413 (August 2009 issue) on the basis of the system-related safety distances, the location-related safety distance required to comply with the limit values according to § 3. 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 results thereof in a suitable form. (2) The Federal Network Agency for Electricity, gas, telecommunications, postal services and railways shall be issued with 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 for technical reasons. (3) If the conditions set out in the first sentence of paragraph 2 do not exist, a Certificate of location in agreement with the competent immission protection authority shall be issued only if:

1.

it is a shortwave, medium-wave or long-wave radio station, and

2.

should not be expected, taking into account the particular circumstances of the individual case, in particular the nature and duration of the plant utilization and the actual stay of persons in the area of impact of the installation, and adverse health effects. The area in which the limit values are not met outside the controllable range shall be determined by the Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railways in the location certificate (Complementary area for broadcasting stations).

In order to ensure that these requirements are met, the location certificate shall 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 distance which is in the controllable range, unless it is for operational reasons. (4) Can a location certificate be used in the sense of the provisions of paragraphs 2 and 3 shall be issued for a stationary radio system based on metrological conditions only after their establishment and provisional entry into service, and shall, on request, provide the applicant with a provisional location certificate, where, on the basis of the available data, it must be assumed that the The conditions for issuing a location certificate shall 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. (5) In order to inform the public, the Federal Network Agency for Electricity, Gas, Telecommunications, post and railways, in a non-personal form, an information portal which, in the case of installations with a certificate of location, indicates the respective safety margin in accordance with paragraph 1. Unofficial table of contents

§ 6 Site co-use

(1) If there are already further stationary radio equipment at the designated location of a stationary radio system, the total power of all stationary radio equipment to be operated at the location shall be a radiation power (EIRP) of 10 watts and more, it is necessary to apply for a location certificate for the last radio station to be set up. 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 make available the data necessary for the examination, 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 railroads are to be carried out 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 reject the application. (2) The The obligations referred to 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 as to ensure that the conditions under which the location certificate was issued no longer exist (3) In the evaluation of an existing amateur radio system, the following shall be taken into account: 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 adopt the most unfavorable send configuration. The cost of including the amateur radio system shall be borne by the applicant for the certificate of location. (4) The location certificate issued for the last radio installation to be set up or to be amended within the meaning of paragraph 2 shall also apply to the other stationary radio equipment available at the site, and replaces earlier location certificates for this 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, stating the owner of the location certificate. Unofficial table of contents

Section 7 Revocation and deletion of a location certificate

(1) A location certificate may be revoked if the limit values laid down in § 3 have been amended. (2) A location certificate shall be issued if the conditions for granting it with regard to the technical parameters of the radio equipment or as a result of the certificate are fulfilled. a change in the environment of the radio equipment is no longer given. (3) A provisional location certificate shall be issued with the granting of a location certificate in accordance with § 5 (2) or (3). Unofficial table of contents

§ 8 Local amateur radio equipment

(1) A fixed amateur radio system requires a location certificate in accordance with § 5 if there are already stationary radio equipment at the designated location of the plant to which the regulations of § 4 are to be applied. (2) A fixed amateur radio system, at the location of which a total radiation power (EIRP) of 10 watts or more is achieved, otherwise only the operation may be carried out if:

1.

the location-related safety margin is within the controllable range,

2.

the operator has indicated the installation according to § 9,

3.

the operating data does not exceed the display or application data; and

4.

by the holding, no persons, in particular carriers of active body aids, can be damaged in health.

(3) From the condition set out in the first sentence of paragraph 2, the operator may derogate with regard to compliance with the limit values laid down in Article 3, first sentence, point 2, if:

1.

the Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railways (Bundesnetzagentur für Electricity, Gas, Telecommunications, Post and Railways), in accordance with § 9, represents the area outside the controllable range in which the limit values in accordance with Section 3, first sentence, point 2 are not complied with (Complementary area for active body aids),

2.

shall ensure that, during the operation of the amateur radio system, the carriers of active bodily aids do not stop in the supplementary area.

Unofficial table of contents

§ 9 Display of fixed 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 it before commissioning of the Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railways . The instructions published in the Official Journal of the Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railways shall be applied to the performance of the ad. (2) The operator shall have the necessary information to comply with the limit values. To determine the safety distance in a computational or metrological basis on the basis of the standard DIN EN 50413 (issue August 2009) and to document it in a comprehensible form. (3) The display is a comprehensible graphic representation of the Location-based security clearance and the operator's control area shall be attached. The operator shall also have the following documents available from the date of entry into service:

1.

Documentation on compliance with the requirements of § 8 (2) and (3),

2.

Antenna diagrams, provided that they are commercially available antennas,

3.

a site plan based on the land use plan, land use plan, or land use plan, in which the adjacent land or land, respectively, 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 the transmitting antenna is mounted on a building, a construction drawing or a sketch with a dimension (side view and plan view) and

5.

Indication of the configuration of the installed fixed amateur radio equipment, including its transmission power and all other technical parameters necessary for the assessment of the maximum electromagnetic fields emitted by the installation.

(4) The operator of an amateur radio system shall also be obliged, once his notification has been submitted, to ascertain whether his information is still correct. In cases where the display no longer corresponds to the actual circumstances, the operator must again carry out the display procedure. (5) A notifiable amateur radio station can enter the information portal in accordance with § 5 (5) if the operator of the amateur radio station agrees to this recording, and if the display is shown in the form described in the instructions for performing the display. 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. Unofficial table of contents

§ 10 Further protection of carriers of active bodily aids

(1) Those who operate a fixed radio facility or an amateur radio facility in a frequency range of 9 kilohertz to 3 gigahertz shall, in a suitable manner, enable the protection of carriers of active body auxiliaries, which are in the area of , in which the limit values according to DIN EN 50527-1 (January 2011) and DIN EN 50527-2-1 (issue May 2012) are not complied with (impact area for active body aids). He has to keep a documentation of the measures he has taken and to present it to the competent authorities upon request. (2) The Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railways has the scope of action for: Active body aids, in so far as it extends beyond the safety margin established in the location certificate, in the 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 commissioning and decommissioning of a radio equipment

(1) The commissioning and substantial modification of a stationary radio system subject to the regulations of § 4 is the Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railways at least two weeks prior to commissioning . The Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railway (Bundesnetzagentur für Electricity, Gas, Telecommunications, Post and Railways) shall be notified without delay of the decommissioning of a fixed radio system subject to the provisions of § 4. (2) The date of the commissioning and the The Federal Network Agency for Electricity, Gas, Gas, Electricity and Gas (Bundesnetzagentur für Electricity, Gas), which has an equivalent isotropic radiation power of less than 10 watts (EIRP), is carried out in public telecommunications networks outside the operating system. telecommunications, mail and railways within four weeks of the 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. Unofficial table of contents

§ 12 Change of the radio equipment

(1) The operator of a fixed amateur radio system subject to the requirements of section 8 (2) or (3) shall make a re-indication in accordance with § 9 if the radio equipment has technical parameters, so that the conditions under which the (2) The operator of a stationary radio station, which is subject to the regulations of § 4, has the Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railways Changes to the Funkanlage as regards the reported data, without delay. Unofficial table of contents

§ 13 Review

(1) The Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railways can verify on the spot the compliance with the values laid down in the location certificates and, by means of regular series of measurements, the functionality of the Document the location process. 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 all to the relevant radio equipment To carry out and support the implementation of the review. The operator shall bear the expenses of the control if the information given in his application was incorrect. (2) The Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railways may be the Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railways as part of the ad pursuant to § 9 to check the information provided. 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 second and third sentences of paragraph 1 shall apply mutatily. Unofficial table of contents

§ 14 arrangements

The Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railways shall take the necessary measures 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. Unofficial table of contents

§ 15 Fees and Deposits

Charges and outlays are levied on the basis of the above-mentioned regulations for individually attributable public services of the Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railways pursuant to the above-mentioned regulations. 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 because of lack of competence, up to 75 percent the fee for the administrative act requested,

2.

a complete or partial refusal of an objection to a substantive decision, in so far as the lack of success is not only due to the inconformability of the infringement of a procedure or form in accordance with § 45 of the Administrative procedural law, up to 100 per cent of the fee for the individually attributable public service

collected. Unofficial table of contents

§ 15a Administrative Offences

Contrary to § 4 (1) sentence 1, even in connection with sentence 2, contrary to § 5 (2) sentence 2, the law on radio equipment and telecommunications terminal equipment is in breach of the rules of section 17 (1) (7) of the Act on radio equipment and telecommunications terminal equipment. or in breach of § 5 (3) sentence 5, a location-based radio facility. Unofficial table of contents

Section 16 Transitional provisions

§ 4 shall not apply until 31 December 2003 for fixed radio equipment which was put into service before 20 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. Unofficial table of contents

Section 17 Entry into force

This Regulation shall enter into force on the day after the date of delivery. Unofficial table of contents

Final formula

The Federal Council has agreed. Unofficial table of contents

Annex (to § 15)

Source of the original text: BGBl. I 2002, 3371

A.	Fees for issuing a location certificate	Fee in Euro
A.1	Basic amount for the processing of an application	73
A.2	In addition to A.1 for each transmitting antenna to be evaluated (also for transmitting antennas already available at the location and for site co-use; even in the case of provisional location certificates according to § 5 (4))	92
A.3	In addition to A.1 when considering a site according to § 5 (3)	The amount of the fee shall be determined on the basis of the actual expenditure on the basis of the fee numbers A.5.1 to A.5.3.
A.4	The transmitting antenna to be evaluated in the conversion of a provisional to a final location certificate	92
A.5	In addition to charge positions A.2 to A.4, where measurements or near field calculations are required	The amount of the fee shall be determined on the basis of the actual expenditure on the basis of the fee numbers A.5.1 to A.5.5.
A.5.1	Hourly rate for officials of the higher service	240.17
A.5.2	Hourly rate for senior service officials	169,37
A.5.3	Hourly rate for middle-service officials	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	Fee in Euro
B.1	Display of a radio system which is not subject to certification pursuant to § 11 (2)	22
B.2	Second copy of a location certificate	25
C.	Operation of a radio system without the required location certificate or in breach of its provisions; infringement of disclosure and documentation requirements; operation of an amateur radio system in violation of § 8 of the Regulation	Fee in Euro
C.1	Administrative processing of an infringement, including setting the measures by effort	100 to 2,000
C.2	In addition to C.1 when you run a mobile measurement insert	The amount of the fee shall be determined on the basis of the actual expenditure on the basis of the fee numbers A.5.1 to A.5.5.