Law for the protection against harmful environmental effects caused by air pollution, noise, vibrations and similar processes

Original Language Title: Gesetz zum Schutz vor schädlichen Umwelteinwirkungen durch Luftverunreinigungen, Geräusche, Erschütterungen und ähnliche Vorgänge

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Law for the protection against harmful environmental effects caused by air pollution, noises, vibrations and similar processes (Bundes-Immissionsschutzgesetz-BImSchG)

Unofficial table of contents

BImSchG

Date of completion: 15.03.1974

Full quote:

" Bundes-Immissionsschutzgesetz (Federal Immission Protection Act) in the version of the announcement of 17 May 2013 (BGBl. 1274), as last amended by Article 1 of the Law of 20 November 2014 (BGBl. I p. 1740) "

Status:	New by Bek. v. 17.5.2013 I 1274
	Last amended by Art. 1 G v. 20.11.2014 I 1740

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 1.4.1982 + + +) 
(+ + + Changes due to EinigVtr cf.  § § 10, 10a, 67a and Others  74 + + +) 
(+ + + Official note from the norm-provider on EC law: 
 Implementation of the 
 EWGRL 50/2008 (CELEX Nr: 32008L0050)  G v. 31.7.2010 I 1059 + + +)

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Content Summary

First part General provisions

§ 1	Purpose of the law
§ 2	Scope
§ 3	Definitions

Second part Establishment and operation of plants First section Approval requiring approval

§ 4	Approval
§ 5	Obligations of operators in need of approved installations
§ 6	Approval requirements
§ 7	Legal regulations on requirements for installations requiring approval
§ 8	Partial Approval
§ 8a	Approval of early start
§ 9	Advance notice
§ 10	Approval procedure
§ 11	Third party applications with partial approval and advance notice
§ 12	Additional provisions for approval
§ 13	Approval and other official decisions
§ 14	Exclusion of private defense claims
§ 14a	Simplified plea collection
§ 15	Modification of installations in need of approval
§ 16	Substantial modification of installations requiring approval
§ 17	Posterior arrangements
§ 18	Delete Approval
§ 19	Simplified procedure
§ 20	Under-sawing, decommissioning and disposal
Section 21	Revocation of approval

Second section Non-approval systems

Section 22	Obligations of operators of installations not in need of approval
Section 23	Requirements for the establishment, nature and operation of installations not in need of approval
§ 24	Arrangements in individual cases
Section 25	Untersagung

Third section Determination of emissions
and immissions, safety tests

Section 26	Measurements of special occasion
§ 27	Declaration of emissions
§ 28	First-time and recurrent measurements of equipment requiring approval
§ 29	Continuous measurements
§ 29a	Arrangement of safety tests
§ 29b	Notification of posts and experts
§ 30	Cost of measurements and safety tests
Section 31	Information to be provided by the operator

Third part nature of installations,
substances, products, fuels,
fuels and lubricants;
Reduction of greenhouse gas emissions in the case of fuels The first section of the nature of plants, substances,
Products, fuels, fuels and lubricants

Section 32	Nature of installations
§ 33	Type approval
Section 34	Nature of fuels, fuels and lubricants
§ 35	Nature of substances and products
§ 36	Export
Section 37	Implementation of intergovernmental agreements and acts of the European Communities or of the European Union

Second section greenhouse gas reduction in fuel

Section 37a	Minimum share of biofuels in the total amount of fuel placed on the market; greenhouse gas reduction
Section 37b	Definitions and creditability of biofuels
Section 37c	Participation and delivery obligations
Section 37d	Competent authority, legal regulations
Section 37e	Fees and expenses; Regulation empowerment
Section 37f	Reports on fuels and energy products
Section 37g	Report of the Federal Government

Fourth part nature
and operation of vehicles, construction and
Change of roads and railways

§ 38	Characteristics and operation of vehicles
§ 39	Implementation of intergovernmental agreements and acts of the European Communities or of the European Union
§ 40	Traffic restrictions
Section 41	Roads and railways
§ 42	Compensation for noise protection measures
Section 43	Federal Government

Fifth part monitoring and improvement
of air quality, air quality planning

Section 44	Monitoring of air quality
§ 45	Improvement of air quality
Section 46	Emission inventories
§ 46a	Information to the public
§ 47	Air pollution control plans, plans for measures to be taken in the short term, country regulations

Sixth part noise reduction planning

Section 47a	Scope of the Sixth Part
§ 47b	Definitions
Section 47c	Noise maps
Section 47d	Noise Action Plans
§ 47e	Competent authorities
§ 47f	Legal Regulations

Seventh Part Common Rules

§ 48	Administrative provisions
§ 48a	Legal regulations on emission values and immission values
§ 48b	Participation of the Bundestag in the adoption of legal regulations
§ 49	Protection of certain areas
§ 50	Planning
Section 51	Stakeholder Consultation
§ 51a	Commission for Plant Safety
Section 51b	Ensuring the possibility of delivery
Section 52	Monitoring
§ 52a	Monitoring plans, monitoring programmes for plants according to the Industrial Emissions Directive
Section 52b	Participation obligations for the operational organisation
Section 53	Appointment of a company representative for immission protection
§ 54	Tasks
§ 55	Obligations of the operator
§ 56	Opinion on the operator's decisions
Section 57	Right of lecture
Section 58	Prohibition of dismissal, protection against dismissal
Section 58a	Order of an Incident Officer
§ 58b	Tasks of the Incident Officer
Section 58c	Obligations and rights of the operator in relation to the fault officer
§ 58d	Prohibition of the deprivation of the fault officer, protection against dismissal
§ 58e	Facilitated for audited company locations
§ 59	Responsibility for Land Defense
§ 60	Derogations for national defence installations
Section 61	Reporting to the European Commission
Section 62	Irregularities
§ § 63 to 65	(dropped)

Eighth part Final provisions

Section 66	Retribution of rules
Section 67	Transitional provision
§ 67a	Transfer scheme on the occasion of the production of Germany's unity
§ § 68 to 72	(amendment of legislation, transfer of references, repeal of rules)
Section 73	(dropped)

Annex (to § 3 (6)) Criteria for determining the state of the art

Part one
General provisions

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§ 1 Purpose of the Law

(1) The purpose of this Act is to protect human beings, animals and plants, soil, water, atmosphere, and cultural and other property from harmful environmental impacts and to prevent the emergence of harmful environmental effects. (2) In the case of installations requiring approval, this Act shall also be used to:

-: the integrated prevention and reduction of harmful environmental impacts by emissions in air, water and soil, including waste management, in order to achieve a high level of protection for the environment as a whole, and
-: the protection and prevention of risks, significant disadvantages and significant nuisances brought about in other ways.

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§ 2 Scope

(1) The provisions of this Act shall apply to:

1.: the establishment and operation of installations,
2.: the production, placing on the market and the introduction of installations, fuels and fuels, substances and products from substances in accordance with Articles 32 to 37,
3.: the nature, equipment, operation and testing of motor vehicles and their trailers, and of rail, air and water vehicles and of swimming bodies and floating installations, in accordance with § § 38 to 40; and
4.: the construction of public roads as well as of railways, magnetic levitation trains and trams in accordance with § § 41 to 43.

(2) The provisions of this Act shall not apply to aerodros unless the requirements arising from this Act are affected for operating areas or the Sixth Part, and for installations, equipment, devices and nuclear fuels, and other radioactive substances which are subject to the provisions of the Atomic Energy Act or to a legal regulation adopted hereunder, in so far as protection against the dangers of nuclear energy and the harmful effects of ionizing radiation are concerned. Furthermore, they do not apply to the extent that the water legislation of the Federal Republic of Germany and the federal states for the protection of water bodies or the provisions of the fertilizer and plant protection laws provides otherwise. (3) The provisions of this law on Waste shall not apply to:

1.: air pollution,
2.: Soils at the place of origin (soils in situ), including non-excavated, contaminated soils and structures permanently connected to the ground,
3.: non-contaminated soil material and other naturally occurring materials which have been excavated during construction, provided that it is ensured that the materials in their natural state shall be used for construction purposes in the place where they were lifted shall be used.

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§ 3 Definitions

(1) Harmful environmental effects within the meaning of this Act are immissions which are appropriate in accordance with the nature, extent or duration of the hazards, major drawbacks or significant nuisance to the general public or to the neighbourhood. (2) Immissions within the meaning of this Act shall include air pollution, noise, vibration, light, heat, radiation and similar effects on humans, animals and plants, soil, water, atmosphere and cultural and other property. Environmental impact. (3) Emissions within the meaning of this Act are those of an installation air pollution, noise, vibration, light, heat, radiation and similar phenomena. (4) Air pollution within the meaning of this Act is a change in the natural composition of the air, in particular by smoke, soot, Dust, gases, aerosols, vapours or odour substances. (5) Facilities within the meaning of this Act are

1.: Premises and other fixed facilities,
2.: Machinery, equipment and other technical equipment as well as vehicles, where they are not subject to the provisions of Section 38; and
3.: Land on which substances are stored or deposited or are carried out which can cause emissions, excluding public transport routes.

(5a) An area of operation is the entire area under the supervision of an operator in which dangerous substances within the meaning of Article 3 (4) of Council Directive 96 /82/EC of 9 December 1996 on the control of hazards in the case of heavy goods vehicles Accidents involving dangerous substances (OJ C EC 1997 No 13), as amended by Directive 2003 /105/EC of the European Parliament and of the Council of 16 December 2003 (OJ L 105, 13.4.2003, p. EU No 97), in one or more installations, including common or related infrastructures and activities, including storage within the meaning of Article 3 (8) of the Directive, in the quantities referred to in Article 2 of the Directive are actually present or are intended to exist, in so far as it is to be assumed that the said dangerous substances are produced in an industrial chemical process other than control, with the exception of those referred to in Article 4 of Directive 96 /82/EC, hazards and activities. (6) the technology referred to in this Act is the state of development of advanced procedures, facilities or modes of operation which shall ensure the practical suitability of a measure to limit emissions in air, water and soil, in order to ensure the Plant safety, in order to ensure environmentally sound waste disposal, or otherwise to avoid or reduce environmental impacts, to achieve a generally high level of protection for the environment as a whole . In the determination of the state of the art, the criteria listed in the Appendix are to be taken into account in particular. (6a) BVT information sheet within the meaning of this Act is a document which is based on the exchange of information provided for in Article 13 of the Directive 2010 /75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (recast) (OJ L 139, 30.4.2010, p. 17) for certain activities, in particular the techniques used, the current emission and consumption values, all future techniques and the techniques used to define the best (6b) BAT conclusions within the meaning of this Act are a document issued by the European Commission in accordance with Article 13 (5) of Directive 2010 /75/EU, which document the Parts of a BAT information sheet containing the conclusions relating to the following contains:

1.: the best available techniques, their description and information to assess their applicability,
2.: the emission values associated with the best available techniques,
3.: the monitoring measures relating to points 1 and 2;
4.: the consumption values relating to points 1 and 2, and
5.: Where appropriate, the relevant site-redevelopment measures.

(6c) Emission bandwidths within the meaning of this Act are the emission values associated with the best available techniques. (6d) The emission values associated with the best available techniques within the meaning of this Act are the range of: Emission values obtained under normal operating conditions using a best available technique or a combination of best available techniques as described in the BAT conclusions, expressed as Mean value for a given period under specific Reference conditions. (6e) Future techniques for the purposes of this Act are new techniques for installations under the Industrial Emissions Directive which, in the case of industrial use, either have a higher general environmental protection level or at least the same (7) The production within the meaning of this Act is the processing, processing or other treatment, the introduction within the meaning of this Act, of the other Spend in the scope of this law the same. (8) Assets according to the For the purposes of this Act, the Industrial Emissions Directive is the assets designated in the fourth sentence of Article 4 (1) of the Law. (9) Dangerous substances within the meaning of this Act are substances or mixtures as defined in Article 3 of Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on the classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67 /548/EEC and 1999 /45/EC and amending the Regulation (EC) No 1907/2006 (OJ L 210, 31.7.2006 1), as last amended by Regulation (EC) No 286/2011 (OJ L 353, 31.12.2011, p. 1). (10) Relevant dangerous substances within the meaning of this Act are dangerous substances which are used, produced or released to a considerable extent in the plant and which, in their nature, are subject to pollution. of the soil or of the groundwater on the site of the plant.

Part two
Construction and operation of plants

First section
Installations in need of approval

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§ 4 Approval

(1) The establishment and operation of installations which, due to their nature or operation, are particularly likely to cause harmful environmental effects or otherwise to the general public or to the neighbourhood , it is necessary to endanger, considerably disadvantage or significantly harass it, as well as from stationary waste disposal facilities for the storage or treatment of waste. With the exception of waste disposal facilities, installations which do not serve commercial purposes and which are not used in the context of economic activities require authorisation only if they are particularly suitable, harmful to the environment, To cause environmental impacts caused by air pollution or noise. After consulting the parties concerned (§ 51), the Federal Government, with the consent of the Federal Council, shall, by means of a legal regulation with the consent of the Federal Council, determine the facilities requiring approval (installations requiring approval); the legal regulation may also provide for that an authorisation is not required where an installation as a whole or in its essential parts referred to in the Regulation is approved and is constructed and operated in accordance with type approval . Installations referred to in Article 10 in conjunction with Annex I to Directive 2010 /75/EU shall be indicated in the legal regulation referred to in the third sentence. (2) Mining equipment or parts thereof shall require the authorisation referred to in paragraph 1 only if they have been approved on a day-by-day basis. are being built and operated. No permit referred to in paragraph 1 shall be required for the installation of open-cast mines and the facilities necessary for the operation of a day-to-day operation, as well as the facilities required for the Unofficial table of contents

§ 5 Duties of the operators of equipment requiring approval

(1) Equipment in need of approval shall be constructed and operated in such a way as to ensure a high level of protection of the environment as a whole

1.: harmful environmental effects and other hazards, significant disadvantages and significant nuisance to the general public and to the neighbourhood cannot be caused;
2.: prevention of adverse environmental effects and other hazards, major drawbacks and significant nuisances, in particular by means of measures corresponding to the state of the art;
3.: Waste is avoided, waste which is not to be avoided is recovered and waste which is not to be recycled is disposed of without adversely affecting the well-being of the general public; waste is not to be avoided to the extent that it is technically impossible or not impossible to avoid waste. is reasonable; the avoidance is inadmissible in so far as it leads to a more adverse environmental impact than recovery; the recovery and disposal of waste shall be carried out in accordance with the provisions of the Circular Economic Law and the others for the purposes of wastes in force;
4.: Energy is used sparingly and efficiently.

(2) Where plants in need of approval are subject to the scope of the greenhouse gas emission trading law, requirements to limit emissions of greenhouse gases shall only be permitted in order to fulfil the obligations laid down in paragraph 1 (1) ensure that there are no harmful environmental effects in the area of impact of the installation, except for greenhouse gases covered by the activity in question in accordance with Annex 1 of the greenhouse gas emissions trading act. In order to fulfil the obligation to use energy efficiently in relation to the emissions of carbon dioxide based on combustion or other processes of the plant, no requirements may be imposed on these installations which shall be subject to the requirements of: (3) Equipment in need of approval must be constructed, operated and decommissioned in such a way that, even after an operational setting,

1.: no harmful environmental effects and other hazards, significant disadvantages and significant nuisance to the general public and the neighbourhood can be brought about by the installation or the plant's base,
2.: existing waste is properly and unduly recovered or eliminated without prejudice to the good of the public; and
3.: the restoration of a proper condition of the plant's property is guaranteed.

(4) As a result of the operation of a plant under the Industrial Emissions Directive, significant soil pollution or significant groundwater pollution caused by relevant hazardous substances has been reported after 7 January 2013, compared to the one in the report on the condition indicated in the initial condition, the operator shall be obliged, after the establishment of the plant, to take measures to eliminate such pollution, in so far as it is proportionate, in order to ensure that the plant is located in those Initial state. The competent authority shall make available to the public relevant information on the measures taken by the operator, including through the Internet. Insofar as information contains business or business secrets, Section 10 (2) shall apply accordingly. Unofficial table of contents

§ 6 Approval Requirements

(1) The authorisation shall be granted if:

1.: it is ensured that the obligations arising out of § 5 and a legal regulation pursuant to Section 7 are fulfilled; and
2.: Other public-law provisions and concerns relating to the protection of workers do not conflict with the establishment and operation of the plant.

(2) In the case of installations which serve different modes of operation or in which different substances are used (multipurpose or multi-purpose installations), the authorisation must be extended, on request, to the different operating modes and substances, if: the conditions laid down in paragraph 1 are met for all the operating modes and substances covered. (3) A proposed change permit may not be denied even if, after its implementation, not all the immission values of a the administrative provision according to § 48 or a legal regulation pursuant to section 48a are complied with, but if

1.: the investment contribution of the plant, having regard to the third sentence of Article 17 (3a), is clearly reduced by the project and is reduced by means of the measure which is enforceable by subsequent arrangements pursuant to Article 17 (1),
2.: further measures relating to air pollution, in particular measures which go beyond the state of the art in the case of new installations to be built,
3.: the applicant shall also submit an immission management plan to reduce its polluter's share in order to achieve subsequent compliance with the requirements laid down in Article 5 (1) (1); and
4.: the concrete circumstances do not require a revocation of the permit.

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Section 7 Legal regulations on requirements for installations requiring approval

(1) The Federal Government is authorized, after consultation of the parties concerned (§ 51), by means of a legal regulation with the consent of the Federal Council, to require that the establishment, the condition, the operation, the condition after the operating setting and the the need to carry out the monitoring of installations in need of approval in order to meet the obligations arising out of § 5, in particular:

1.

the installations must comply with certain technical requirements,

2.

the emissions from installations must not exceed certain limit values,

2a.

the use of energy must meet certain requirements,

3.

the operators of installations must carry out or have made measurements of emissions and immissions in accordance with procedures to be determined in accordance with the provisions of the Regulation; and

4.

operators of installations for certain safety tests as well as certain tests of safety-related documents in accordance with procedures to be determined in more detail in the legal regulation

a): during the installation or otherwise before the plant is put into service,
b): after their entry into service or a change within the meaning of § 15 or § 16,
c): at regular intervals, or
d): at or after an operating setting,

have to be made by an expert according to § 29a, in so far as such tests are not prescribed in legal regulations in accordance with § 34 of the Product Safety Act, and

5.

the return to the initial state in accordance with Article 5 (4) must comply with certain requirements, in particular with regard to the initial status report and the determination of the relevance of soil and groundwater pollution.

In determining the requirements, particular consideration shall be given to possible relocations of adverse effects from one protection product to another; a high level of protection of the environment as a whole shall be ensured. (1a) After each Publication of a BAT conclusion shall immediately be guaranteed to ensure that, in the case of installations under the Industrial Emissions Directive, the emission limit values set out in point 2 of the first sentence of paragraph 1 shall be subject to emissions under normal conditions. Operating conditions not covered by the emission bandwidths referred to in the BAT conclusions . With regard to existing installations,

1.: to carry out, within one year of publication of BAT conclusions on the principal activity, a review and, where appropriate, the adaptation of the Regulation; and
2.: , within four years of the publication of BAT conclusions on the principal activity, to ensure that the installations concerned comply with the emission limit values laid down in the Regulation.

(1b) By way of derogation from paragraph 1a

1.

Less stringent emission limit values and time limits may be laid down in the regulation if:

a): because of the technical characteristics of the type of plant concerned, the application of the emission bandwidths referred to in the BAT conclusions would be disproportionate and that this is justified, or
b): shall be tested or applied in installations for the future for a maximum period of not more than nine months, provided that the application of the technology concerned is terminated after the specified period of time, or at least those in the Annex to the Directive are to be applied in the Annex the best available techniques are associated with emission bandwidths, or

2.

may be determined in the Regulation that the competent authority may lay down less stringent emission limits and time limits if:

a): because of the technical characteristics of the installations concerned, the application of the emission bandwidths referred to in the BAT conclusions would be disproportionate, or
b): shall be tested or applied in installations for the future for a maximum period of not more than nine months, provided that the application of the technology concerned is terminated after the specified period of time, or at least those in the Annex to the Directive are to be applied in the Annex best available techniques associated emission bandwidths.

The second sentence of paragraph 1 shall remain unaffected. Emission limit values and emission limits as set out in the first sentence shall not exceed the emission limit values set out in the Annexes to Directive 2010 /75/EU and shall not cause any harmful environmental impact. (2) The Regulation may: shall determine the extent to which the requirements laid down in paragraph 1 on the protection against adverse environmental effects must be met after certain transitional periods have expired, to the extent that the provisions of the Regulation are in force at the date of entry into force of the Regulation in a Pre-notification or approval of less stringent requirements . The duration of the transitional periods and the requirements to be met shall be determined in particular by the nature, quantity and hazards of the emissions from the installations, as well as the useful life and technical characteristics of the installations. consideration. Sentences 1 and 2 shall apply in accordance with installations which are to be reported in accordance with § 67 (2) or § 67a (1) or before the entry into force of this Act pursuant to Section 16 (4) of the Industrial Code. (3) Insofar as the legal regulation requests the In accordance with Article 5 (1) (2), it may be determined that, in the case of the installations referred to in paragraph 2, the requirements laid down in paragraphs 1 and 2 for the purpose of providing for the protection against harmful environmental effects may be dismissed. This shall apply only where technical measures in respect of installations of the operator or of third parties, as a whole, achieve a further reduction of emissions of the same substances or substances comparable to those of the environment, than in the case of compliance with the The requirements laid down in paragraphs 1 and 2 shall be promoted, thereby promoting the purpose referred to in Article 1. The Regulation may also determine the extent to which, in order to comply with inter-State agreements with neighbouring States of the Federal Republic of Germany, the second sentence also applies to the implementation of technical measures in respect of installations in the Member States. (4) In order to comply with binding legal acts of the European Communities or the European Union, the Federal Government may, with the consent of the Federal Council, comply with the requirements laid down in § 1 by means of a legal regulation. the setting up, the nature and the operation, the operation and carry out the monitoring of installations requiring approval. For installations requiring approval, which are covered by the scope of Council Directive 1999 /31/EC of 26 April 1999 on the landfill of waste (OJ L 327, 30.12.1999, p. EC No 1), the Federal Government may, with the consent of the Federal Council, lay down the same requirements as for landfills within the meaning of Section 3 (27) of the Circular Economic Law, in particular requirements to be met by the Federal Council. (5) Due to the requirements of paragraph 1 (1) to (4), including in conjunction with paragraph 4, notices may be made available to all persons in a more appropriate way. Where reference is made to:

1.: indicate in the regulation the date of the contract notice and identify the reference source,
2.: to establish the notice at the German Patent Office in an archival way and to draw attention to this in the legal regulation.

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§ 8 Subversion

(1) An application shall be granted on request for the establishment of an installation or part of an installation or for the establishment and operation of a part of an installation, if:

1.: there is a legitimate interest in the granting of a partial authorisation;
2.: the conditions for the approval of the subject-matter of the partial authorisation requested, and
3.: a preliminary assessment shows that the establishment and operation of the whole installation do not prevent any obstacles to the conditions of approval which are not at the outset insurmountable.

(2) The binding effect of the preliminary overall assessment shall not apply if a change in the legal or legal situation or individual tests within the scope of subsequent partial authorisations leads to an assessment which differs from the preliminary overall assessment. Unofficial table of contents

Section 8a Admission of early start

(1) In a procedure for the granting of a permit, the approval authority shall, on request, provisionally allow the establishment, before the authorisation has been granted, of the establishment, including the measures, to be taken to verify the operational nature of the Installation is required if:

1.: , a decision may be taken in favour of the applicant,
2.: there is a public interest or a legitimate interest of the applicant in the early beginning, and
3.: the applicant undertakes to replace all the damage caused by the establishment of the installation until the decision is taken and, if the project is not authorised, to restore the former condition.

(2) The authorisation may be revoked at any time. It may be subject to conditions or subject to the reservation of subsequent conditions. The competent authority may require the performance of a security to the extent necessary to ensure the fulfilment of the applicant's obligations. (3) In a procedure for the granting of a permit pursuant to Article 16 (1), the The approval authority, subject to the conditions laid down in paragraph 1, shall also provisionally authorise the operation of the installation if the change in the performance of a law arising out of that law or of a legal regulation adopted pursuant to this Act Duty is used. Unofficial table of contents

§ 9 Presuming

(1) An application shall be made by means of a preliminary decision on individual conditions of approval and on the location of the installation, provided that the effects of the planned plant can be adequately assessed and a legitimate interest in the (2) The advance notice shall be ineffective if the applicant does not apply for authorisation within two years from the date of entry of the indisputable; the period may be extended on request up to four years (3) The provisions of § § 6 and 21 shall apply mutatily. Unofficial table of contents

§ 10 Approval Procedure

(1) The authorisation procedure shall require a written application. The application shall be accompanied by the drawings, explanations and other documents required for the examination in accordance with Section 6. If the dossier is not sufficient for the examination, it shall, at the request of the competent authority, be supplemented by the applicant within a reasonable period. Where the application is made in electronic form, the competent authority may also require that the documents to be annexed to the application be submitted in writing. (1a) The applicant who intends to make an application for the application shall be entitled to: of the industrial emissions directive in which relevant dangerous substances are used, produced or released, shall submit a report on the initial condition with the documents referred to in paragraph 1, if and to the extent that a pollution of the Soil or groundwater on the site of the plant by the relevant dangerous substances. The possibility of contamination of the soil or groundwater does not exist if an entry can be excluded on the basis of the actual circumstances. (2) As far as documents contain business or trade secrets, the documents are and to be presented separately. In so far as it can be done without the disclosure of the secret, its content must be so detailed that it is possible for third parties to assess whether and to what extent they can be affected by the effects of the installation. (3) Where the applicant's documents are complete, the competent authority shall have the project in its official publication sheet and, in addition, either on the Internet or in local newspapers disseminated in the area of the site of the installation, to make public. The application and the documents submitted by the applicant, with the exception of the documents referred to in the first sentence of paragraph 2, as well as the significant reports and recommendations made available to the Authority at the time of the contract notice, shall be submitted in accordance with the Make a notice of one month for inspection. Further information which may be of relevance to the decision on the admissibility of the project and which is not available to the competent authority until the date of interpretation has commence shall be subject to the provisions of the rules on access to to make environmental information accessible. Up to two weeks after the expiry of the period of interpretation, the public may submit objections in writing to the competent authority. At the end of the application period all objections are excluded, which are not based on special private-law titles. Objections based on special private-law titles shall be referred to the legal proceedings before the ordinary courts. (4) In the notice referred to in the first sentence of paragraph 3, the following shall be referred to:

1.: to indicate where and when the application for authorisation and documents are designed for inspection;
2.: call for any objections to be made to a body to be recorded in the contract notice within the time limit; the legal consequences referred to in the fifth sentence of paragraph 3 shall be mentioned;
3.: to determine a discussion date and to indicate that it is carried out on the basis of a discretionary decision by the approval authority referred to in paragraph 6, and that the objections raised in the form are then also made in the absence of the applicant or be discussed by persons who have raised objections;
4.: to indicate that the notification of the decision on the objections may be replaced by public notices.

(5) The authority responsible for issuing the authorisation (approval authority) shall obtain the opinions of the authorities whose remit shall be affected by the project. To the extent that projects which may have an impact on the environment and which are relevant to the approval of the project itself or for other projects which are directly related to the project or which have an impact on the environment, shall be subject to authorisation in accordance with other The approval authority must ensure full coordination of the authorisation procedures and of the content and subsidiary provisions. (6) After the expiry of the application period, the approval authority may take the necessary time to ensure that the Objections raised against the project with the applicant and (6a) The application for authorisation shall, after receipt of the application and the documents to be submitted in accordance with the second sentence of paragraph 1, be submitted within a period of seven months, in simplified procedures within a period of three months. The competent authority may extend the period by three months in each case if this is necessary because of the difficulty of the examination or for reasons attributable to the applicant. The term extension shall be justified on the basis of the applicant. (7) The letter of approval must be issued in writing, justified in writing, and sent to the applicant and to the persons who have made objections. It shall, in so far as the service is not effected in accordance with paragraph 8, be made public. The public notice shall be published in accordance with the provisions of paragraph 8. (8) The notification of the approval certificate to the persons who have raised objections may be replaced by a public notice. The public notice shall be notified in such a way that the operative part of the decision and the right of appeal are made known in the appropriate application of the first sentence of paragraph 3; it shall be pointed out that it is subject to conditions. In this case, a copy of the whole of the date shall be interpreted for inspection in two weeks from the date of the notice of publication. The public notice shall indicate where and when the communication and its justification may be viewed and requested in accordance with the sixth sentence. By the end of the period of interpretation, the communication shall also be deemed to have been notified to third parties who have not raised any objection; it shall be pointed out in the notice of notice. Under the terms of the public notice, the communication and its justification may be requested in writing up to the expiry of the period of appeal by the persons who have raised objections. (8a) Without prejudice to paragraphs 7 and 8, the notification may be made in the case of annexes to the public notice. of the Industrial Emissions Directive, to make public the following documents on the Internet:

1.: the notice of approval, with the exception of the application documents and the report on the initial condition, and
2.: the name of the BVT information sheet applicable to the installation in question.

In so far as the approval certificate contains business or trade secrets, the appropriate places shall be unrecognizable. (9) The provisions of paragraphs 1 to 8 shall apply in accordance with the grant of a preliminary notification. (10) The Federal Government shall be authorized, by means of a regulation with the consent of the Federal Council, to approve the approval procedure. The legal regulation may also regulate the procedure for the granting of a permit under the simplified procedure (§ 19) as well as for the granting of a preliminary notification (§ 9), a partial approval (§ 8) and an admission early beginning (§ 8a) , The Regulation should also specify the requirements to be met by the authorisation procedure for installations for which an environmental impact assessment has to be carried out in accordance with the Environmental Impact Assessment Act. (11) Federal Ministry of Defence is authorized, in agreement with the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety, by means of a legal regulation with the consent of the Federal Council, the approval procedure for installations which the National defence shall, by way of derogation from paragraphs 1 to 9, be regulated. Unofficial table of contents

§ 11 Submissions of third parties in the case of partial approval and advance notice

If a partial authorisation or an advance notification has been granted, the application of the installation and the operation of the installation may not, after the entry of its indisputable procedure, be subject to any facts which have been made up by facts which: have been put forward on time in the previous procedure or could have been put forward in accordance with the documents laid down. Unofficial table of contents

§ 12 Rules for approval

(1) The authorisation may be granted under conditions and subject to conditions as far as this is necessary in order to ensure the fulfilment of the conditions of approval referred to in § 6. In order to ensure the requirements of Article 5 (3), a safety performance shall also be imposed on waste disposal facilities within the meaning of Article 4 (1) sentence 1. (1a) In the event that the emission values of an administrative provision according to § 48 for Certain emissions and plant types are no longer in line with the state of the art, or an administrative provision according to § 48 for the particular type of plant does not provide for any requirements, is to be determined in the determination of emission limits for installations according to the Industrial emissions directive in the authorisation to ensure that emissions under normal operating conditions, do not exceed the emission bandwidths specified in the BAT conclusions. (1b) By way of derogation from paragraph 1a, the competent authority may lay down less stringent emission limits if:

1.: an assessment shows that, because of the technical characteristics of the installation, the application of the emission bandwidths specified in the BAT conclusions would be disproportionate, or
2.: shall be tested or applied in installations for the future for a maximum period of not more than nine months, provided that the application of the technology concerned is terminated after the specified period of time, or at least those in the Annex to the Directive are to be applied in the Annex best available techniques associated emission bandwidths.

When setting the emission limits set out in the first sentence, account shall be taken, in particular, of possible relocations of adverse effects from one protection product to another; a high level of protection of the environment as a whole shall be ensured. Emission limits as set out in the first sentence shall not exceed the emission limit values set out in the Annexes to Directive 2010 /75/EU and shall not cause any harmful environmental effects. (2) The authorisation may, upon request, be granted for a specific period. It can be granted with a reservation of revocation if the facility in need of approval is intended solely for testing purposes. (2a) The approval may be granted with the consent of the applicant with the reservation of subsequent conditions. , in so far as it is intended to lay down in greater detail certain requirements already laid down in the authorisation for the establishment or operation of the installation at a time after the grant of the permit. Under the conditions set out in the first sentence, this shall also apply in the event that a participating authority does not express itself in good time. (2b) In the case of Section 6 (2), the applicant shall be obliged by an obligation to the competent authority. (2c) The operator may be obliged by obligation to change a procedure as set out in the authorisation procedure. Waste disposal of waste from the competent authority. This also applies to waste generated in waste treatment plants. In the case of waste treatment plants, it is also possible to place requirements on the quality and pollutant potential of the waste which has been accepted and of the waste leaving the plant. (3) The partial authorisation may be granted for a given period or with may be subject to the reservation that it may be revoked or subject to conditions until the decision on the authorisation is taken. Unofficial table of contents

§ 13 Approval and other official decisions

The permit shall include other official decisions relating to the installation, in particular public authorisations, authorisations, distributors, permits and authorisations, with the exception of plan findings, authorisations bergrechtlicher operational plans, administrative decisions on the basis of nuclear regulations and water-law permits and permits according to § 8 in conjunction with § 10 of the Water Resources Act. Unofficial table of contents

§ 14 Exclusion of private legal defence claims

On the basis of private-law claims, which are not based on specific titles, for the purpose of repelling the adverse effects of a plot of land on an adjacent property, it is not possible to require the establishment of the establishment of an installation whose authorisation is unquestionable; it is only possible to require provisions which exclude the adverse effects. Insofar as such arrangements are not practicable or economically unjustifiable according to the state of the art, only compensation for damages can be required. Unofficial table of contents

Section 14a Simplified legal action

The applicant may bring an administrative action if the opposition has not been decided on the expiry of three months from the date of the filing, unless a shorter time limit is required on account of particular circumstances of the case. Unofficial table of contents

Section 15 Change of approval requirements

(1) The change in the location, nature or operation of a plant in need of approval, unless an authorisation is requested, shall be at least one month before the competent authority is to begin the change; in writing, if the amendment can affect the protection of the goods referred to in § 1. The advertisement shall be accompanied by documents within the meaning of Article 10 (1), second sentence, to the extent that such documents may be required for the examination as to whether the project is in need of approval. The competent authority shall immediately confirm in writing to the institution of the project the receipt of the notification and of the accompanying documents. Upon receipt of the notification, it shall immediately inform the institution of the project, which additional documents it needs to assess the requirements of section 16 (1). The sentences 1 to 4 shall apply mutatily to an installation which is to be reported in accordance with Article 67 (2) or § 67a (1) or which was to be notified before the entry into force of this Act pursuant to Section 16 (4) of the Industrial Code. (2) The competent authority shall immediately, at the latest within one month of receipt of the notification and of the documents required in accordance with the second sentence of paragraph 1, to check whether the change in authorisation is required. The institution of the project may make the change as soon as the competent authority informs him that the amendment does not require any authorisation or has not expressed its opinion within the period specified in the first sentence. The third sentence of paragraph 1 shall apply in respect of subsequent documents. (3) If the operator intends to stop the operation of a plant in need of approval, he shall immediately inform the competent authority of the date on which the competent authority has been recruit. . The notification shall be accompanied by documents relating to the measures to be taken by the operator in order to comply with the obligations arising out of Article 5 (3) and (4). The provisions of sentences 1 and 2 shall apply in accordance with the annexes referred to in the fifth sentence of paragraph 1. (4) In accordance with Article 10 (10), the detailed rules for the procedure referred to in paragraphs 1 to 3 may be laid down. Unofficial table of contents

Section 16 Essential modification of approved plants

(1) The change in the location, nature or operation of an installation requiring approval shall be subject to the approval if the change is likely to cause adverse effects and for the purpose of the examination in accordance with Article 6 (1) (1) may be significant (substantial change); a permit shall always be required if the modification or extension of the operation of a plant in need of approval has, in itself, the performance limits or the size of the plant in the Annex to it, Regulation on installations requiring approval. An authorisation shall not be required if the adverse effects caused by the amendment are manifestly small and the fulfilment of the requirements arising from § 6 (1) (1) is ensured. (2) The competent authority shall: The Authority shall not be notified of the public announcement of the project and the interpretation of the application and of the documents if the institution of the project so requests and does not have significant adverse effects on the protection referred to in Article 1 of this Regulation. are concerned. This is the case, in particular, where it is clear that the effects of the measures taken or provided by the institution of the project are excluded or that the disadvantages are excluded in relation to the comparable advantages in each case. are small. Where the essential modification concerns a plant to be approved in a simplified procedure, the substantial modification shall also be authorised in the simplified procedure. Section 19 (3) shall apply accordingly. (3) The request for authorisation shall be decided within a period of six months, in the case of paragraph 2, in three months. In addition, Section 10 (6a), second sentence, and 3 shall apply. (4) For changes in accordance with Section 15 (1), the institution of the project may apply for a permit. This is to be granted under the simplified procedure; paragraph 3 and Article 19 (3) shall apply accordingly. (5) An authorisation shall not be required if an approved installation or parts of an approved plant are replaced within the framework of the authorisation granted; or should be replaced. Unofficial table of contents

§ 17 Adoration of the Supplements

(1) In order to comply with the obligations arising from this Act and the legal regulations issued pursuant to this Act, orders may be made after the granting of the authorization and in accordance with a modification indicated in accordance with § 15 (1). If, after the granting of the authorisation and after a change indicated in accordance with Article 15 (1), the general public or the neighbourhood is found to be insufficiently against adverse environmental effects or other hazards, significant disadvantages (1a) In the case of installations in accordance with the Industrial Emissions Directive, before the adoption of a subsequent arrangement referred to in the second sentence of paragraph 1, which shall be emission limits are to be redefined, the design of the arrangement to make public. Articles 10 (3) and 4 (1) and (2) shall apply mutatily to the contract notice. Persons whose interests are affected by the retrospective arrangement, as well as associations which meet the requirements of § 3 (1) or § 2 (2) of the Environmental Law Enforcement Act, are entitled to use the application. Section 10 (7) to (8a) shall apply in respect of the decision to issue a subsequent order. (2) The competent authority may not make a subsequent arrangement if it is disproportionate, in particular if the person concerned is satisfied with the performance of the In particular the nature, quantity and danger of the emissions from the installation and of the immissions caused by the installation, as well as the cost of the installation, shall be subject to the following conditions: the duration of use and the technical characteristics of the installation. If a subsequent arrangement is not to be taken on account of an irregularity, the competent authority shall revoke the authorization in whole or in part under the conditions set out in Article 21 (1) (3) to (5); § 21 (3) to (6) are (2a) § 12 (1a) shall apply to installations according to the Industrial Emissions Directive. (2b) By way of derogation from paragraph 2a, the competent authority may lay down less stringent emission limits if:

1.: because of the technical characteristics of the installation, the application of the emission bandwidths referred to in the BAT conclusions would be disproportionate and the Authority shall justify this, or
2.: shall be tested or applied in installations for the future for a maximum period of not more than nine months, provided that the application of the technology concerned is terminated after the specified period of time, or at least those in the Annex to the Directive are to be applied in the Annex best available techniques associated emission bandwidths.

Article 12 (1b), sentences 2 and 3 shall apply accordingly. Paragraph 1a shall apply accordingly. (3) Insofar as the requirements of Article 5 (1) (2) are finally established by means of a regulation, further requirements for the provision of protection against harmful environmental effects may be imposed by subsequent orders (3a) The competent authority shall depart from ex post arrangements, in so far as a plan submitted by the operator provides for technical measures to be taken in respect of the installations or installations of third parties which result in a further development of the Reduce emissions rates as the sum of the reductions achieved by the adoption of subsequent orders for the performance of the obligations arising out of this law or the legal regulations issued pursuant to this Act would be achievable with the participating facilities, and hereby the purpose referred to in § 1 is encouraged. This shall not apply if the operator is already obliged to reduce the emissions due to a subsequent arrangement pursuant to paragraph 1 or a requirement pursuant to Article 12 (1) or a subsequent arrangement pursuant to the second sentence of paragraph 1 shall be taken . The compensation shall be permitted only between the same substances or substances which are comparable in effect to the environment. The sentences 1 to 3 shall also apply to installations which are not operational and for which the permit to set up and operate is granted or for which requirements pursuant to section 5 (1) (2) are laid down in a preliminary notice or part-approval. The implementation of the measures of the plan shall be ensured by order. (4) In order to comply with the order, it is necessary to substantially change the position, nature or operation of the plant and is not concludeable in the arrangement. In order to determine the manner in which it is to be fulfilled, the modification of the authorisation in accordance with § 16. (4a) In order to fulfil the obligations pursuant to Article 5 (3), a safety performance shall also be arranged in the case of waste disposal facilities within the meaning of Section 4 (1) sentence 1. . After the entire holding has been set up, orders for the fulfilment of the obligations arising from § 5 (3) can only be made for a period of one year. (4b) Requirements within the meaning of Section 12 (2c) may also apply. (5) The provisions of paragraphs 1 to 4b shall apply mutatily to installations which are to be reported in accordance with Article 67 (2) or which were to be notified before the entry into force of this Act pursuant to Section 16 (4) of the Commercial Code. Unofficial table of contents

§ 18 Erasing of authorisation

(1) The authorisation shall be issued if:

1.: within a reasonable period of time set by the approval authority, do not begin the establishment or operation of the installation, or
2.: no longer operate in an installation for a period of more than three years

(3) The approval authority may, on request, extend the time limits referred to in paragraph 1 for an important reason, if this does not endanger the purpose of the law. . Unofficial table of contents

Section 19 Simplified procedure

(1) By means of a legal regulation in accordance with Article 4 (1), third sentence, it may be required that the approval of installations of certain type or size be granted in a simplified procedure, provided that this is in accordance with the nature, scope and duration of the procedures It is compatible with the protection of the general public and the neighbourhood, as well as harmful environmental impacts and other hazards, major disadvantages and major nuisances. (2) In the simplified procedure, § 10 (2), (3), (4), (6), (2) and (3), (8) and (9) and § § 11 and 14 shall not apply. (3) The authorisation shall be granted at the request of the institution of the project. by way of derogation from paragraphs 1 and 2, not in a simplified procedure. Unofficial table of contents

§ 20 Untersagung, Stilllegung und Elimination

(1) If the operator of an installation in need of approval is subject to an obligation, a fully-erable subsequent arrangement or a final obligation under a legal regulation in accordance with § 7, the requirement shall apply, the order of the order shall be: or the obligation of the nature or operation of the installation, the competent authority may prohibit the holding, in whole or in part, up to the performance of the condition, the order or the obligations arising from the regulation pursuant to § 7. The competent authority shall prohibit the holding, in whole or in part, in accordance with the first sentence, where an infringement of the condition, order or obligation causes an imminent threat to human health or a direct significant risk to human health, (1a) The competent authority shall have the entry into service or continuation of an installation in need of approval, which is a business unit or part of an operational area for commercial purposes or in the context of: economic undertakings shall be used, in whole or in part, to prohibit, as long as and in so far as the measures taken by the operator to prevent major accidents within the meaning of Article 3 (5) of Directive 96 /82/EC, or to limit the effects of such accidents, are clearly inadequate. The competent authority may prohibit the entry into service or continuation of an installation within the meaning of the first sentence, in whole or in part, if the operator is required to comply with the requirements laid down in a regulation adopted in order to implement Directive 96 /82/EC (2) The competent authority shall order that an installation which has been established, operated or substantially modified without the necessary authorisation, shall be shut down or is eliminated. It shall order the disposal if the general public or the neighbourhood cannot be adequately protected in any other way. (3) The competent authority may further operate an installation in need of approval by the operator or prohibit a person from the management of the holding if there are facts which represent the unreliability of such persons in respect of compliance with legislation to protect against adverse environmental effects, and the failure to comply with the provisions of the for the good of the general public. The operator of the installation may, on request, be given permission to have the installation operated by a person providing the guarantee for the proper operation of the installation. The permission may be subject to conditions. Unofficial table of contents

Section 21 Revocation of authorisation

(1) A lawful authorisation granted under this Act may, even after having become indisputable, be revoked in whole or in part with effect for the future only,

1.: if the revocation is reserved pursuant to the second sentence of Article 12 (2) or the third sentence of paragraph 2;
2.: where the authorisation is subject to a requirement and the beneficiary has not, or has not fulfilled, within a time limit set by it;
3.: if the approval authority would be entitled, on the basis of retrospectively made facts, not to grant the authorisation and if, without the revocation, the public interest would be jeopardised;
4.: if, on the basis of a modified legislation, the approval authority would be entitled not to grant the authorisation, provided that the operator has not yet made use of the authorisation, and if, without the revocation, the public interest at risk;
5.: in order to prevent or eliminate serious disadvantages for the common good.

(2) When the approval authority becomes aware of the facts justifying the revocation of a permit, the revocation shall be admissible only within one year from the date of the approval. (3) The revocation shall be withheld from the If the approval authority does not determine a later date, the revocation shall become ineffective. (4) If the authorisation is withdrawn in the cases referred to in paragraph 1 (3) to (5), the approval authority shall, at the request of the person concerned, request the person concerned to: to compensate for the financial disadvantage caused by the fact that it is based on the stock of the Approval has trusted in so far as his trust is worthy of protection. However, the asset disadvantage is not to be replaced by the amount of interest that the person concerned has on the stock of the permit. The financial disadvantage to be equated shall be determined by the approval authority. The claim can only be asserted within one year; the period begins as soon as the approval authority has referred the person concerned to it. (5) The countries may determine the destination of the (7) Paragraphs 1 to 6 shall not apply if an authorization which has been challenged by a third party during the period of validity of the claim is subject to the law of the third party. before or during the administrative court proceedings, to the extent that: Objection or action will be remedied.

Second section
Installations not in need of approval

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Section 22 Duties of the operators of installations not requiring approval

(1) Non-approved installations must be constructed and operated in such a way that:

1.: to prevent harmful environmental impacts which are preventable according to the state of the art,
2.: be limited to a minimum degree of adverse environmental impact in accordance with the state of the art, and
3.: the waste produced during the operation of the installations can be properly disposed of.

The Federal Government is authorized, after consulting the parties concerned (§ 51), to determine, by means of a regulation with the consent of the Federal Council, on the basis of the nature or quantity of all or individual waste of waste, the installations for which the The requirements of Section 5 (1) (3) shall apply mutatily. In the case of installations which are not intended for commercial purposes and are not used in the context of economic activities, the obligation laid down in sentence 1 shall apply only to the extent to which they are intended to prevent or restrict harmful environmental effects by: air pollution, noises or non-ionising radiation emitted by radio equipment. (1a) Noise effects caused by day-care facilities, children's playgrounds and similar facilities such as ball playgrounds Children are usually not harmful. Environmental impact. In the assessment of the noise effects, emission limits and guidelines should not be used. (2) Further public-law provisions remain unaffected. Unofficial table of contents

Section 23 Requirements for the establishment, nature and operation of installations not requiring approval

(1) The Federal Government is authorized, after consulting the parties concerned (§ 51), to require, with the consent of the Federal Council, the establishment, nature and operation of installations not in need of approval with the consent of the Federal Council. specific requirements for the protection of the general public and the neighbourhood against harmful environmental effects and, where such installations are used for commercial purposes or are used in the context of economic activities, and in the fields of operations or The components of the operating ranges are, in view of other hazards, the the prevention of major accidents within the meaning of Article 3 (5) of Directive 96 /82/EC and limiting the effects of such accidents on man and the environment and on the prevention of adverse environmental effects, in particular that:

1.: the installations must comply with certain technical requirements,
2.: the emissions from installations must not exceed certain limit values,
3.: the operators of installations must carry out measurements of emissions and immissions in accordance with procedures to be determined in more detail in accordance with the provisions of the Regulation, or have to be carried out by a body to be determined in the regulation;
4.: the operators of certain installations of the competent authority must, without delay, indicate the entry into service or any modification of an installation which may be relevant for the performance of obligations laid down in the regulation,
4a.: the operators of installations which are operating areas or components of operating areas, within a reasonable period before the installation, before the putting into service or before any modification of such installations, which are necessary for the implementation of the provisions of the Regulation may be of relevance to the competent authority, and
5.: certain installations may be operated only after the certificate of one of the experts notified by the competent authority of the country concerned has been submitted that the installation must comply with the requirements of the Regulation or of a Type approval in accordance with § 33.

The legal regulation referred to in the first sentence may also determine the requirements to be met by experts in respect of their technical expertise, reliability and equipment. In view of the requirements laid down in points 1 to 3 of the first sentence, Article 7 (5) shall apply. (1a) For certain installations which are not in need of approval, the legal regulation referred to in paragraph 1 may require that, at the request of the institution of the project, a Procedure for the granting of an authorisation pursuant to § 4 (1) sentence 1 in conjunction with § 6. In the case of an application as referred to in the first sentence, the provisions relating to installations requiring approval shall be applied to the installation concerned in place of the provisions in force for installations which are not authorised to use the equipment. § 19 (2) and (3) shall apply mutagentily to the procedure. (2) Where the Federal Government does not make use of the authorization, the State Governments are empowered to enact provisions within the meaning of paragraph 1 by means of a legislative decree. The state governments can transfer the empowerment to one or more supreme state authorities. Unofficial table of contents

Section 24 orders in individual cases

The competent authority may, on a case-by-case basis, take the necessary arrangements for the implementation of Section 22 and of the legal regulations based on this Law. If the object of the arrangement can also be achieved by means of a measure for the purpose of working protection, the latter is to be arranged. Unofficial table of contents

§ 25 Subsaation

(1) If the operator does not comply with a system of enforceable administrative order in accordance with § 24 sentence 1, the competent authority may prohibit the operation of the installation in whole or in part until the order has been fulfilled. (1a) The competent authority the entry into service or continuation of an installation which is not in need of approval, which is a business unit or part of an operational area and which serves commercial purposes or which is used in the context of economic activities, in part to prohibit as long as and to the extent that the operator has Measures to prevent major accidents within the meaning of Article 3 (5) of Directive 96 /82/EC, or to limit the effects of such accidents, are clearly inadequate. The competent authority may prohibit, in whole or in part, the entry into service or the continuation of an installation within the meaning of the first sentence if the operator is required to comply with the requirements laid down in a regulation adopted in order to implement Directive 96 /82/EC (2) If the harmful environmental effects caused by an installation endanger the life or health of humans or significant property, the competent authority, the establishment or operation of the installation in whole or in part to the extent that the general public or the neighbourhood cannot be adequately protected in any other way.

Third Section
Identification of emissions and immissions, safety tests

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§ 26 Measures of special occasion

The competent authority may order that the operator of an installation in need of approval or, in so far as § 22 applies, an installation which is not in need of approval, the nature and extent of the emissions from the installation, and the immissions in the The area of impact of the installation can be determined by one of the bodies identified by the competent authority of a country, if it is to be feared that the plant will cause harmful environmental effects. The competent authority shall have the power to prescribe details of the nature and scope of the investigation and of the submission of the result of the investigation. Unofficial table of contents

§ 27 Emissions declaration

The operator of a plant in need of approval shall be obliged to provide the competent authority within a time limit to be set by it or the date fixed in the legal regulation referred to in paragraph 4, of the type, quantity, the spatial and temporal distribution of the air pollution from the plant over a period of time and the discharge conditions (emission declaration); it has adopted the emission declaration in accordance with the provisions of the regulation Paragraph 4 shall be supplemented in accordance with the latest developments. Section 52 (5) shall apply mutatily. The first sentence shall not apply to operators of installations, of which only a small amount of air pollution can be carried out. (2) The knowledge and documents obtained in accordance with paragraph 1 are § § 93, 97, 105 (1), § 111 (5) in conjunction with § 105 Paragraph 1 and Article 116 (1) of the Tax Code shall not apply. This shall not apply in so far as the financial authorities require the knowledge required for the implementation of a procedure on the basis of a tax offence and of a related taxation procedure, in the pursuit of which a compelling public interest (3) The content of the issuing declaration is to be disclosed to third parties on request. Details of the emission declaration may not be published or disclosed to third parties if these conclusions can be drawn on business or commercial secrets. When issuing the declaration of emission, the operator must inform the competent authority and justify the individual details of the issuing declaration which allow conclusions to be drawn on business or commercial secrets. (4) The Federal Government is authorized to: by means of a legal regulation with the consent of the Bundesrat, the content, scope, form and date of the issuing of the emission declaration, the procedure to be followed in the determination of emissions and the period within which the emission declaration is to be supplemented is to regulate. The legal regulation also determines which operators of installations in need of approval pursuant to the third sentence of paragraph 1 are exempt from the obligation to submit an emission declaration. In addition, in order to comply with the obligations arising from binding legal acts of the European Communities or of the European Union, it may be required by law to ensure that the competent authorities are competent in respect of the competent authorities of the Member States in accordance with national law The Federal Ministry for the Environment, Nature Conservation and Nuclear Safety at a specified time will provide emission data to the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety, which can be found in the emission declarations. Unofficial table of contents

§ 28 First-time and recurrent measurements of equipment requiring approval

The competent authority may, in the case of installations in need of approval,

1.: after the entry into service or a change within the meaning of § 15 or § 16 and then
2.: after the end of a period of three years

Arrangements according to § 26 shall also apply without the conditions mentioned there. If, in the light of the nature, quantity and hazards of the emissions from the installation, the Authority considers that it is necessary to carry out an investigation during the period referred to in paragraph 2, it shall, at the request of the operator, allow the investigation to be carried out by: shall be carried out by the Immission Officer if he/she has the necessary technical expertise, reliability and equipment for this purpose. Unofficial table of contents

§ 29 Continuous Measurements

The competent authority may, in the case of installations in need of approval, order that, instead of individual measurements in accordance with § 26 or § 28, or in addition to such measurements, certain emissions or immissions using recording measuring instruments shall be kept on an ongoing basis. be determined. In the case of installations with significant emission mass flows of air pollutants, arrangements as set out in the first sentence shall be taken, taking into account the nature and hazards of such substances, in so far as they exceed those laid down in the legislation, conditions (2) The competent authority may order, in the case of installations not in need of approval, in so far as § 22 is to be applied, that instead of by means of individual measurements, in accordance with § 26 or in addition to such measurements, or Immissions shall be continuously determined using recording equipment where it is necessary to determine whether the plant is causing adverse environmental impacts. Unofficial table of contents

§ 29a Order of safety tests

The competent authority may order that the operator of an installation in need of approval or of an installation within an operating area referred to in Article 3 (5a) shall be one of the experts appointed by the competent authority of a country. with the implementation of certain safety tests as well as tests of safety-related documents. In the order, the performance of the tests by the fault officer (§ 58a), an approved monitoring body according to § 37 (1) of the Product Safety Act or one in one for installations according to § 2, point 30 of the Product Safety Act, which are subject to the requirements of § 29b (2) sentence 2 and 3; the same shall apply to any of the experts appointed pursuant to Section 36 (1) of the Commercial Code Experts or experts who, within the framework of Section 13a of the Commercial Code, carry out their commercial activities Only temporarily and occasionally domesically, to the extent that a special expertise in the field of safety testing is demonstrated. The competent authority shall have the power to prescribe details of the nature and extent of the safety tests and of the submission of the results of the examination. (2) Examination may be arranged

1.: for a time during the establishment or otherwise before the plant is put into service,
2.: at a time when they are put into service,
3.: at regular intervals,
4.: in the case of an operational setting, or
5.: if there are indications that certain safety requirements will not be met.

The first sentence shall apply in the event of a change within the meaning of § 15 or § 16. (3) The operator shall submit the results of the safety tests to the competent authority no later than one month after the tests have been carried out; he shall have the following information: results shall be submitted without delay, provided that this is necessary for the prevention of present-day risks. Unofficial table of contents

Section 29b Announcement of posts and experts

(1) The announcement of posts within the meaning of Section 26, of entities within the meaning of a legal regulation issued pursuant to this Act or of experts within the meaning of § 29a by the competent authority of a country, entitles the notified body to the (2) The notification shall require the competent authority of the country to make an application. (2) The notification shall be subject to an application by the competent authority of the country. It shall be granted if the applicant or the applicant has the necessary technical knowledge, independence, reliability and equipment and the organisational structure required for the performance of the task. Requirements. Experts within the meaning of section 29a must have insurance against liability. (3) The Federal Government is authorized, after consultation of the parties concerned (§ 51), by means of a legal regulation with the consent of the Federal Council, requirements to be met by the Federal Government. To regulate the notification of bodies and experts, as well as to notified bodies and experts. The legal regulation referred to in the first sentence may, in particular:

1.: Requirements for the equivalence of non-domestic recognitions and evidence are determined,
2.: the requirements for the notification and its cancellation shall be determined,
3.: the requirements for the content of the announcement shall be determined, in particular that it may be accompanied by secondary provisions and may be granted for the entire Federal territory,
4.: the requirements for the organisation of the bodies to be notified shall be determined,
5.: the requirements for the structure of the experts to carry out their tasks are determined;
6.: the requirements relating to the technical expertise, reliability, independence and equipment of the bodies and experts to be known to be identified,
7.: Obligations of the notified bodies and experts shall be established.

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§ 30 Cost of measurements and safety tests

The costs of the investigations of emissions and immissions as well as for the safety tests shall be borne by the operator of the plant. In the case of installations which are not in need of approval, the operator shall bear the costs of investigations in accordance with § 26 or Article 29 (2) only if the investigation has shown that:

1.: the conditions or arrangements in accordance with the provisions of this Act or of the legal regulations based on this Law have not been complied with, or
2.: Arrangements or conditions shall be provided in accordance with the provisions of this Act or of the legal regulations based on this Law.

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§ 31 Information requirements of the operator

The operator of an installation according to the Industrial Emissions Directive shall, in accordance with the subsidiary provisions of the authorisation or on the basis of legal regulations, submit annually to the competent authority:

1.: a summary of the results of the emission monitoring;
2.: any other data required to verify compliance with the approval requirements referred to in Article 6 (1) (1).

The obligation laid down in the first sentence shall not apply to the extent that the necessary information has already been provided by the competent authority pursuant to other provisions. If an emission limit value according to Article 7 (1a), in an administrative provision according to § 48, an emission value according to § 48 paragraph 1a or in a permit pursuant to § 12 (1) or a subsequent order according to § 17, shall be set out in a legal regulation according to § 7 paragraph 1a. (2a), where an emission limitation in accordance with Article 12 (1a) or Article 17 (2a) above the emission bandwidths referred to in the BAT conclusions shall be determined, the summary according to the first sentence of the first subparagraph shall have a comparison with the emission limits set out in the BAT conclusions. (2) The operator of an installation in accordance with the An industrial emissions directive may be required by the competent authority to transmit those data, the transmission of which is required by an implementing act in accordance with Article 72 (2) of Directive 2010 /75/EU, and which is required to: Compliance with the reporting obligation according to § 61 are required, insofar as such data is not already present on the basis of other regulations with the competent authority. Section 3 (1), second sentence, and § 5 (2) to (6) of the Law on the Implementation of the Protocol on Pollutant Release and Displacement Registers of 21 May 2003 and the implementation of Regulation (EC) No 166/2006 of 6 June 2007 (BGBl. (3) If, in the case of an installation according to the Industrial Emissions Directive, it is established that requirements are not complied with in accordance with Article 6 (1) (1), the operator shall immediately inform the competent authority accordingly. (4) The operator of an installation according to the Industrial Emissions Directive shall inform the competent authority without delay in all events with harmful environmental effects, unless it is already referred to in Article 4 of the Industrial Emissions Directive. (5) The operator of the accident and accident investigation The system shall inform the competent authority of the results of an investigation pursuant to § 26, § 28 or § 29 on request and shall keep the records of the measuring instruments in accordance with § 29 for five years. The competent authority may prescribe the type of transmission of the measurement results. The results of the monitoring of the emissions that are available to the Authority shall be accessible to the public in accordance with the provisions of the Environmental Information Act, with the exception of § 12; the state authorities shall be subject to national law.

Part Three
Nature of plants, substances, products, fuels, fuels and lubricants; greenhouse gas reduction in fuels

First section
Nature of plants, substances, products, fuels, fuels and lubricants

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Section 32 Nature of installations

(1) The Federal Government is authorized, after consultation of the parties concerned (§ 51), to require, with the consent of the Federal Council, by means of a decree law, that parts of establishments and other fixed facilities manufactured as standard as well as the installations referred to in Article 3 (5) (2) and parts produced as standard for this purpose may be placed on the market or imported only on the market or in the context of economic activities, if they meet certain requirements relating to: Protection against adverse environmental effects caused by air pollution, Noises, shocks or non-ionizing radiation are sufficient. The legal regulations referred to in the first sentence may, in particular, require that:

1.: the emissions of the installations or parts produced as standard shall not exceed certain values,
2.: the installations or the parts produced as standard must comply with certain technical requirements to limit emissions.

Emission values as set out in the second subparagraph of point 1 may also be fixed for a time after the entry into force of the Regulation, taking into account the technical development. In view of the requirements laid down in sentences 1 to 3, Article 7 (4) shall apply. (2) It may also be stipulated in a regulation that the installations or parts produced as standard shall be commercially or commercially available Undertakings may be placed on the market or imported only if they are marked with information on the level of their emissions. Unofficial table of contents

§ 33 Type approval

(1) The Federal Government is empowered to protect against harmful environmental effects and to prevent harmful environmental effects after consultation of the parties concerned (§ 51) by means of a regulation with the consent of the Federal Council

1.: to determine that the installations referred to in Article 3 (5) (1) or (2), or certain parts of such installations, are generally approved after a type-examination and that the type-approval may be accompanied by conditions relating to the establishment and operation of such installations;
2.: require that certain equipment produced as standard equipment or certain parts produced as standard equipment may be placed on the market only if the design of the installation or of the installation or of the installation is carried out in the context of economic activities. in part, and the installation or the part is in accordance with the approved model;
3.: to regulate the method of type-approval;
4.: determine the fees and expenses to be paid for the type-approval; the fees shall be levied only to cover the personnel and material costs associated with the audits, and in particular the expenses incurred by the experts, who testing equipment and substances, as well as for the development of appropriate test methods and for the exchange of experience; it may be determined that a fee may also be levied for an examination which does not commence or is not completed , if the reasons for this are to be found by the person who is responsible for the examination ; the amount of the fee rates depends on the number of hours an expert requires on average for the various tests of the particular type of plant; in the legal regulation, the exemption from costs, the Cost creditors, the costs of indebted expenses, the extent of the expenses to be reimbured and the cost increase deviating from the provisions of the Administrative Costing Act of 23 June 1970 (BGBl. 821).

(2) The approval of the design may only be made subject to the fulfilment of the requirements specified in § 32 (1) and (2) or laid down in other legislation, as well as proof of the level of the emissions of the plant or of the part. Unofficial table of contents

§ 34 Composition of fuel, fuels and lubricants

(1) The Federal Government is authorized, after consulting the parties concerned (§ 51), to require, with the consent of the Federal Council, by means of a legal regulation, that fuels, fuels, lubricants or additives to these substances are commercially or in the Framework of economic activities may be produced, placed on the market or imported only if it meets certain requirements for protection against harmful environmental effects caused by air pollution. The legal regulations referred to in the first sentence may, in particular, determine that:

1.

natural constituents or additives of fuels, fuels or lubricants as set out in the first sentence, which, when used in the intended use of the fuels, fuels, lubricants or additives, cause air pollution or the control of air pollution, are not allowed to be added or may not exceed a certain maximum content,

1a.

additives for fuels, fuels or lubricants, which may contain air pollution or hinder the control of air pollution, must not be included, or may be contained only in a particular composition,

2.

fuels, fuels or lubricants, as defined in the first sentence, must contain certain additives which limit the development of air pollution;

3.

fuels, fuels, lubricants or additives referred to in the first sentence of a given treatment, which limits the development of air pollution;

4.

The person who produces, imports, or otherwise spends into the scope of this law the commercial or economic activities of liquid fuels, fuels, lubricants or additives to these substances, the competent authority of the competent authorities of the Member State concerned. Federal Authority

a): to indicate additives to liquid fuels, fuels or lubricants which, in their chemical composition, contain elements other than carbon, hydrogen and oxygen; and
b): provide information on the nature and quantity used, as well as the potential adverse environmental effects of the additives and their combustion products.

The requirements laid down in the second sentence may also be fixed, taking account of technical developments, for a date after the entry into force of the legal regulations. Due to the requirements of sentences 1 to 3, § 7 paragraph 5 shall apply. (2) The Federal Government is authorized to prescribe, with the consent of the Federal Council, by means of a decree law,

1.: the importation of fuels, fuels, lubricants or additives for the requirements laid down in the first sentence of paragraph 1, a written declaration by the manufacturer on the nature of the fuels, fuels, to present lubricants or additives to the customs services until the first place of destination of the consignment is to be carried out and to be kept available from the first place of destination until the departure of the consignment,
2.: that the importer has to take this statement on his business documents,
3.: which information on the nature of the fuels, fuels, lubricants or additives must contain the written declaration,
4.: fuels, fuels, lubricants or additives referred to in the first sentence of paragraph 1 which are brought within the scope of this Act, with the exception of customs exclusions, on the movement of the importer to the competent authorities of the to be notified of destination,
5.: that the storage of fuels, fuels, lubricants or additives referred to in the first sentence of paragraph 1 must be carried out in the form of tank records from which the suppliers of the fuels, fuels, lubricants or additives referred to in the first sentence of paragraph 1 arise,
6.: that the person who sells substances or additives referred to in the first sentence of paragraph 1, commercially or in the course of economic activities to the consumer, shall make it clearly visible and easily legible with information on certain characteristics and has
7.: that the person who places on the market the substances or additives referred to in the first sentence of paragraph 1 on a commercial or economic basis, has to inform the person required to be identified in accordance with point 6 above certain characteristics.

(3) The Federal Government is authorized, after consultation of the parties concerned (§ 51), to require, with the consent of the Federal Council, by means of a decree law, that those who place fuels on the market or in the course of economic activities , in order to avoid damage to vehicles, it may also be obliged to place on the market fuels with certain characteristics, in particular with maximum levels of oxygen and biofuel which are not to be exceeded. In addition, the legal regulation referred to in the first sentence may regulate the provision of information to consumers on the biogenic components of the fuels and the appropriate use of the various fuel mixtures, and may also provide for the obligation to be regulated by the (4) The Federal Government is authorized, after consulting the parties concerned (§ 51), to regulate by means of a regulation without the consent of the Federal Council, that companies that use fuel in transport , the following annual data of the federal authority to be determined in the legal regulation ,

a): the total quantity of the fuel supplied, indicating the type of work and the origin of the fuel, and
b): Life-cycle greenhouse gas emissions per unit of energy.

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Section 35 Nature of substances and products

(1) The Federal Government is authorized, after consulting the parties concerned (§ 51), to require, with the consent of the Federal Council, by means of a legal regulation, that certain substances or products made from substances which are suitable for their intended purpose are use, or in the case of incineration, for the purpose of the disposal or recovery of individual constituents, causing adverse environmental effects caused by air pollution, commercial or in the context of economic activities, only be manufactured, imported or otherwise placed on the market if: they satisfy certain requirements for their composition and the process for their production in order to protect against harmful environmental effects caused by air pollution. The authorisation of the first sentence shall not extend to installations, fuels, fuels and vehicles. (2) The requirements referred to in the first sentence of paragraph 1 may also apply, taking into account the technical development, for a period after the entry into force of the Legal regulation. In view of the requirements laid down in paragraph 1 and the first sentence of paragraph 2, Article 7 (5) shall apply. (3) To the extent that this is compatible with the protection of the general public against adverse environmental effects caused by air pollution, the legal regulation may, in accordance with (1) in place of the requirements relating to the composition and production process, that the substances and products must be clearly marked and easily legible with the reference to their intended purpose. The use of or in the course of their combustion may result in adverse environmental effects or that adverse environmental effects can be avoided in the case of a particular type of use. Unofficial table of contents

Section 36 Export

The legal regulations in accordance with § § 32 to 35 may stipulate that the rules governing the production, introduction and placing on the market shall not apply to installations, substances, products, fuels and fuels intended for supply in Areas outside the scope of this law are determined. Unofficial table of contents

Section 37 Compliance with intergovernmental agreements and acts of the European Communities or of the European Union

In order to fulfil obligations arising from intergovernmental agreements or binding acts of the European Communities or the European Union, the Federal Government may, for the purposes set out in section 1 above, by means of a legal regulation with The approval of the Federal Council shall determine that plants, substances, products, fuels or fuels may only be placed on the market for commercial purposes or in the context of economic activities if they are determined in accordance with § § 32 to 35 Meet requirements. In a legislative decree referred to in the first sentence of the European Communities or of the European Union, which shall comply with binding acts adopted by the European Communities or by the European Union, on measures to combat the emission of gaseous and particulate pollutants from Combustion engines for mobile machinery and equipment can be used by the Federal Motor Transport Authority (Kraftfahrt-Bundesamt) as an approval authority and can be subject to the supervision of the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety (BMWB).

Second section
Greenhouse gas reduction in fuel

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Section 37a Minimum share of biofuels in the total amount of fuel placed on the market; greenhouse gas reduction

(1) Anyone who places on the market the petrol or diesel fuels to be taxed on a commercial or economic basis in accordance with Article 2 (1) (1) and (4) of the Energy Tax Act shall ensure that for the whole of the course of the operation The calendar year (year of commitment) of the quantity of fuel it has placed on the market shall comply with the requirements of paragraphs 3 and 4. Fuel shall also apply in connection with the development of the energy tax in accordance with § 8 (1), § 9 (1), § 9a (4), § 15 (1) or (2), in conjunction with § 15 (4), § 19b (1), 22 (1) or 23 (1) or (2), § 38 (1), § § 38 (1). 42 (1) or 43 (1) of the Energy Taxation Act as being placed on the market. The supply of fossil petrol and fossil diesel fuel to the Bundeswehr for the purpose of defence or compliance with intergovernmental obligations shall not be considered as placing on the market within the meaning of sentences 1 and 2. This shall also apply to the acquisition of fossil gasoline and fossil diesel fuel by the Bundeswehr for a purpose specified in sentence 3. The Bundeswehr (Bundeswehr) is the equivalent of troops in the Federal Republic of Germany on the basis of international treaties, as well as facilities that the Bundeswehr or these troops deploy or use to carry out their respective tasks. The supply of fuel in the ownership of the oil-supply association on the basis of a release pursuant to Article 12 (1) of the Oil Stock Corporation Act by the Petroleum Management Association, members of the Petroleum Industry Association or third parties and subsequent Charges shall not be considered as placing on the market within the meaning of the first and second sentences. This shall also apply to the supply of fuel in the cases referred to in the sixth sentence in the framework of delegations pursuant to Article 7 (1) of the Petroleum Regulation Act by members of the Oil stocks or third parties as well as for subsequent duties. The supply of compensatory quantities to underserved companies for supply compensation within the meaning of Article 1 (1) of the Mineral Oil Compensatory regulation of 13 December 1985 (BGBl. 2267), the most recent of which is Article 5 (3) of the Law of 26 June 2013 (BGBl. 1738), the current version does not apply to the placing on the market within the meaning of the first and second sentences. A placing on the market within the meaning of the first and second sentences is also not available if the oil supply association is to supply fuel of its own property and the supply is not subject to any return delivery to the place of delivery or purchases mineral oil products which do not fall under the provisions of the first sentence. Sentence 9 shall also apply to the subsequent duties of the fuel. (2) The obligation under the first sentence of paragraph 1 and 2 shall be the respective tax debtor within the meaning of the Energy Taxation Act. By way of derogation from the first sentence, in the cases of Article 7 (4), first sentence, of the Energy Tax Act, the third party (the depositor) shall be the obligation to do so. In the cases referred to in Article 22 (1) of the Energy Tax Act, the person acting alone shall be deemed to be the undertaking referred to in the first sentence of the first sentence of the first sentence of paragraph 1 and 2 in conjunction with the second sentence of the first sentence of paragraph 1 of this Article. (Obligated) to place diesel fuel on the market shall ensure a share of diesel fuel replacement of at least 4.4 per cent until 31 December 2014. Obligated to place the petrol on the market, have a share of petrol replacing biofuel of at least 1.2 per cent for 2007, of at least 2 per cent for the year 2008 and of at least 2.8 per cent each for the Years 2009 to 2014. Without prejudice to the first and second sentences, the minimum proportion of biofuel in the total amount of petrol and diesel fuel put on the market shall be 5.25 per cent in 2009 and 6.25 per cent in 2010 to 2014 respectively. The provisions of the third sentence shall apply to those who place on the market exclusively petrol or solely diesel fuel. The minimum share of biofuel in the cases of the first, second and fourth sentences shall be based on the energy content of the quantity of fossil petrol or fossil diesel fuel plus the amount of biofuels, in the cases of the third sentence on the Energy content of the quantity of fossil petrol and fossil diesel fuel plus the amount of biofuel. The total quantities referred to in the fifth sentence shall be adjusted to the quantities in respect of which tax relief has been or is granted in accordance with the first sentence of Article 46 (1) (1) or (3) or in accordance with Article 47 (1) (1), (2) or (6) of the Energy Taxation Act. (4) In order to ensure that the greenhouse gas emissions of the fossil petrol and fossil diesel fuels placed on the market, plus the greenhouse gas emissions of the biofuels placed on the market, will be guaranteed from 2015 in order to reduce the percentage of the reference value as set out in the third sentence. The amount of the percentage referred to in the first sentence shall be:

1.: from the year 2015, 3.5 percent,
2.: as of 2017, 4 percent and
3.: from the year 2020, 6 percent.

The reference value against which the reduction in greenhouse gas emissions shall be calculated shall be calculated by multiplying the underlying value by the energy quantity of fossil petrol and fossil diesel fuel placed on the market, plus the Energetic quantity of biofuel placed on the market by the catering industry. The base value is 83.8 kilograms of carbon dioxide equivalent per gigajoule. The greenhouse gas emissions from fossil gasoline and fossil diesel fuels are calculated by multiplying the underlying value by the energetic quantity of fossil petrol and fossil diesel fuel placed on the market by the catering industry. The greenhouse gas emissions of biofuels are calculated by multiplying the evidence in accordance with § 14 of the Biofuels Sustainability Ordinance of 30 September 2009 (BGBl. 3182), as last amended by Article 2 of the Regulation of 26 November 2012 (BGBl I). 2363), in the current version, greenhouse gas emissions in kilograms of carbon dioxide equivalent per gigajoule with the amount of energetic quantity of biofuel placed on the market by the catering industry have been amended. Biofuels shall be treated as fossil petrol or fossil diesel fuels, provided that:

1.: Biofuels for biofuels are not submitted in accordance with § 14 of the Biofuels Sustainability Regulation,
2.: for biofuels, which are recognised in accordance with § 14 of the Biofuels Sustainability Regulation, which do not show greenhouse gas emissions,
3.: for biofuels, which are recognised in accordance with § 14 of the Biofuels Sustainability Regulation, which are ineffective in the sense of the Biofuels Sustainability Regulation and which must not be recognised,
4.: the biofuels according to § 37b (8), first sentence, are excluded from being creditable; or
5.: the European Commission, in accordance with Article 18 (8) of Directive 2009 /28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources and amending and subsequently repealing the Directives 2001 /77/EC and 2003 /30/EC (OJ L 136, 31.3.2001, p 16), which was last amended by Directive 2013 /18/EU (OJ L 327, 18.12.2013, p. 230), or in accordance with Article 7c (8) of Directive 98 /70/EC of the European Parliament and of the Council of 13 June 2000, of the European Parliament and of the Council of 13 June 2003 on the Council Directive 93 /12/EEC on the quality of petrol and diesel fuels and amending Council Directive 93 /12/EEC (OJ 1998 L 327, p. 58), which was last amended by the delegated directive 2014 /77/EU (OJ L 327, 28.12.2014, p. 62), the Federal Republic of Germany has decided that the biofuel used in Article 17 (1) (a), (b) and (c) of Directive 2009 /28/EC, or in Article 7a of Directive 98 /70/EC, should be used as a basis for the production of biofuels. shall not be taken into account.

Sentence 7 of the first half-sentence shall apply in accordance with the energy products referred to in Article 37b (2) to (6) if they are not biofuels within the meaning of this Act. In the calculation of the reference value in accordance with the rates 3 and 4 and the greenhouse gas emissions according to the rates 5 and 6, quantities of fuel for which the pledge is subject to tax relief pursuant to Article 46 (1), first sentence, point 1 or point 3, or in accordance with § 47 Paragraph 1 (1), (2) or (6) of the Energy Taxation Act shall not be taken into account. In the cases referred to in the first and third sentences of paragraph 5, the second sentence shall apply irrespective of the person who is entitled to the discharge. (5) The obligations laid down in the first sentence of paragraph 1 and in conjunction with paragraphs 3 and 4 may be made by pledges.

1.

by the placing on the market of biofuel, the fossil petrol or fossil diesel fuel, which is to be taxed in accordance with Article 2 (1) (1) and (4) of the Energy Taxation Act,

2.

by placing on the market pure biofuel, which is to be taxed in accordance with Article 2 (1) (1) and (4) of the Energy Taxation Act, and

3.

in the cases referred to in the second and third sentences of paragraph 3 and in paragraph 4, by placing on the market

a): Biofuel according to Article 37b (6), the fossil natural gas fuel to be taxed pursuant to Section 2 (1) (7) or (2) (1) of the Energy Taxation Act, and
b): pure biofuel according to Article 37b (6), which is to be taxed pursuant to Article 2 (1) (7) or (2) (1) of the Energy Taxation Act,

will be met. Electrical power for use in road vehicles may be used for the performance of obligations under paragraphs 1 and 2 of the first and second sentences in conjunction with paragraphs 3 and 4, provided that a Federal Government's legal regulation pursuant to Article 37d (2) sentence 1 (6) The fulfilment of the obligations referred to in the first and second sentences of paragraph 1 in conjunction with paragraphs 3 and 4 may be carried out by the competent authority of the competent authority. the contract required by the written form to a third party who is not self-committing, shall be transferred. In the case referred to in the first and second sentences of paragraph 1 and in conjunction with paragraph 3, the contract shall contain quantitative information on the extent of the commitment entered into by the third party in relation to the pledge and information on the biofuels for which the Transmission. In the case referred to in the first and second sentences of paragraph 1 and in conjunction with paragraph 4, the contract shall also contain information on the greenhouse gas emissions of biofuels in kilograms of carbon dioxide equivalent. The third party may fulfil the conditions laid down in the first sentence only by means of biofuels which it has placed on the market or brought into circulation in the year of commitment. By way of derogation from the fourth sentence, the third party may, as from the 2016 Commitment Year, also comply with the provisions of the third sentence by means of biofuels which it has already placed on the market in the previous year of the year of commitment, if the biofuels do not already have the object of: of a contract in accordance with the first sentence, and the third party in the previous year of the year of commitment was not self-commited. The first sentence of paragraph 1 and the first sentence of paragraph 5 shall apply accordingly. In the case of the conditions laid down in sentences 1 to 6, the pledge shall be treated as if it had placed on the market the biofuels placed on the market by the third party in the year under which they were placed on the market. The third sentence of paragraph 3 and the third sentence of the third sentence of paragraph 4 shall apply accordingly. The biofuels used by the third party in order to comply with an obligation laid down in the first sentence cannot be used to fulfil the obligation of a further pledge. (7) The fulfilment of obligations under the first sentence of paragraph 1 and 2 in conjunction with paragraphs 3 and 4 may be transferred to a third party, who is himself a commitment, by means of a contract which is required by the written form. The second sentence of paragraph 6 shall apply accordingly. In the case referred to in the first and second sentences of paragraph 1 and in conjunction with paragraph 4, the contract shall contain information on the extent of the greenhouse gas reduction in kilograms of carbon dioxide equivalent, to be guaranteed by the third party in the year of commitment. The third party may, in accordance with the provisions of sentences 2 and 3, comply exclusively with biofuels which he or she has placed on the market or brought into circulation in the year of commitment. The first sentence of paragraph 1 and the first sentence of paragraph 5 shall apply accordingly. If the conditions are met after the sentences 1 to 5,

1.: in the case referred to in the first and second sentences of paragraph 1, in conjunction with paragraph 3, the biofuels placed on the market by the third party only in the determination of the minimum proportion of biofuel referred to in the fifth sentence of paragraph 3; and
2.: in the case referred to in the first and second sentences of paragraph 1, in conjunction with paragraph 4, the amount of greenhouse gas reduction achieved by the third party shall be the exclusive calculation of the greenhouse gas emissions referred to in the fifth sentence of paragraph 4 and 6

in favour of the pledge. In the case of point 6 (2), the amount of greenhouse gas reduction shall be calculated in accordance with the provisions of paragraph 4, sentence 3 to 10. The quantities of biofuels or greenhouse gases used by the third party for the fulfilment of an obligation under sentence 1 may not be used to fulfil the obligations of the third party or the obligation to provide further food. (8) amounts of biofuel or greenhouse gas reduction exceeding the minimum percentage or percentage of a given year of commitment as required under paragraphs 3 and 4 and for which no tax relief pursuant to § 50 paragraph 1, 1, 1, 2 and 4 of the Energy Taxation Act, shall be credited to the minimum proportion or percentage of the following year at the request of the pledge. In the case of biofuel quantities which exceed the minimum percentage of commitment year 2014 prescribed in accordance with paragraph 3 and whose credit is requested by the pledge for the 2015 commitment year, the amount of greenhouse gas reduction which can be credited shall be on the basis of an average value of 43.58 kilograms of carbon dioxide equivalent per gigajoule. Unofficial table of contents

Section 37b Definitions and creditability of biofuels

(1) Biofuels are, without prejudice to paragraphs 2 to 6, energy products exclusively from biomass as defined in the Biomass Regulation of 21 June 2001 (BGBl. 1234), as last amended by Article 12 of the Law of 21 July 2014 (BGBl. 1066), in the current version. Energy products made from biomass are considered to be biofuel at the level of this share. (2) By way of derogation from paragraph 1, fatty acid methyl esters (biodiesel) shall only be biofuels if they are obtained from biogenic oils or fats. , which are themselves biomass in the sense of the biomass regulation, and if their properties at least meet the requirements for biodiesel according to § 5 of the Regulation on the quality and the award of the qualities of fuels and fuels of 8. December 2010 (BGBl. 1849), as defined by Article 8 (1) of the Regulation of 2 May 2013 (BGBl). 1021), in accordance with the current version. Biodiesel shall be treated in full as a biofuel under these conditions. (3) By way of derogation from paragraph 1, bioethanol shall be biofuel only if it is ethyl alcohol ex subheading 2207 10 00 of the Combined Nomenclature in the sense of Paragraph 1 (1) (2) of the Energy Taxation Act. In the case of bioethanol, which is admixed with fossil petrol, the bioethanol properties must also meet at least the requirements of DIN EN 15376, issue March 2008 or issue November 2009 or April 2011 edition. In the case of bioethanol contained in the ethanol fuel (E85), the properties of the ethanol fuel (E85) must also at least meet the requirements for ethanol fuel (E85) in accordance with Article 6 of the Regulation on the condition and the Award of the qualities of fuel and fuels. In the case of energy products produced in part from bioethanol, the bioethanol content shall be subject to the provisions of the first and second sentences. (4) By way of derogation from paragraph 1, vegetable oil shall be biofuel only if its properties are at least equal to Requirements for vegetable oil fuel according to Article 9 of the Regulation on the quality and quality of fuels and fuels. (5) By way of derogation from paragraph 1, hydrogenated biogenic oils shall only be biofuels if they are: Biogenic oils or fats which themselves have been produced in accordance with the The biomass regulation is, and if the hydrogenation is not carried out in a refinery process together with mineral oil-containing oils. Under these conditions, hydrogenated biogenic oils must be treated in full as a biofuel. (6) By way of derogation from paragraph 1, biomethane is only biofuel if it meets the requirements for natural gas according to Article 8 of the Regulation on the quality of natural gas (7) For the fuels referred to in paragraphs 1 to 6, § 11 of the Regulation on the quality and the award of the qualities of fuel and fuels shall apply accordingly. The standards referred to in sentence 1 as well as paragraphs 2 to 4 and 6 are published in the Beuth Verlag GmbH, Berlin, and are published in the German National Library. (8) Not to the satisfaction of Obligations in accordance with § 37a (1) sentence 1 and 2 in conjunction with § 37a (3) and (4) can be credited

1.: Biogenic oils, which have been hydrogenated together with mineral-oil-containing oils in a refining process,
2.: the share of biofuels of energy products with a bioethanol content of less than 70% by volume, to which bioethanol-containing products are added to subheading 3824 90 99 of the Combined Nomenclature,
3.: Biofuels produced in whole or in part from animal oils or fats, and
4.: Biofuels for which a tax relief has been or is granted pursuant to Article 50 (1), first sentence, points 1, 2 or 4 of the Energy Taxation Act.

In the case of § 37a (1) sentence 1 and 2 in conjunction with Article 37a (3), biofuels, for which a tax relief pursuant to § 46 (1), first sentence, point 1 or point 3, or in accordance with § 47 (1) (1), (2) or (6) of the Energy Tax Act (Energy Tax Act) (9) The Federal Ministry for the Environment, Nature Conservation, Building and Nuclear Safety gives the energy content of the various fuels as well as changes in their energy content in the Federal Gazette. Unofficial table of contents

Section 37c Participation and discharge obligations

(1) By 15 April of the year following the year of commitment, the competent authority shall each have the quantity of fossil petrol and fossil diesel fuel placed on the market in the year following the commitment year, which shall be: Year of commitment on the basis of the quantity of biofuels placed on the market, in relation to the different biofuels concerned, and, in addition, the greenhouse gas emissions in kilograms for the commitment years from the calendar year 2015 carbon dioxide equivalent of the respective quantities in writing. The notification shall also include the company of the pledge, the place of establishment responsible for placing the product on the market or the registered office of the undertaking, the address associated with each of them, and the name and address of the person responsible for the placing on the market. Indicate the right of representation. Insofar as the performance of obligations pursuant to § 37a (6) sentence 1 or § 37a (7) sentence 1 has been transferred to third parties, the competent authority shall additionally have the information in accordance with § 37a (6) sentence 2 or sentence 3 or § § 37a (6) sentence 3 or § 37a (6) sentence 2. 37a, paragraph 7, sentence 2 or sentence 3, and to submit a copy of the contract with the third party. In the case referred to in Article 37a (6), the third party shall have the quantity of biofuel placed on the market as a result of his contractual obligation in respect of the various biofuels concerned in each case, which he has placed on the market in the year of the year of commitment; and, for the commitment years from the calendar year 2015, also to inform in writing of the greenhouse gas emissions in kilograms of carbon dioxide equivalent of the quantities in question. In the case of the fifth sentence of Article 37a (6), this shall apply in accordance with the biofuels placed on the market in the previous year of the year of commitment. In the case referred to in Article 37a (7), the third party shall have the quantity of biofuel placed on the market as a result of his contractual obligation in respect of the various biofuels concerned in each case during the year of commitment; and for the commitment years from the calendar year 2015, to be notified in writing of the amount of greenhouse gas reduction in kilograms of carbon dioxide equivalent due to its contractual obligation in the year of commitment. The competent authority shall issue a registration number to each person and shall carry out an electronic register containing the information required for all meals in accordance with sentences 1 to 6. (2) Insofar as pledges have been made in accordance with § 37a (1) and (2) in conjunction with Article 37a (3) and (4), the competent authority shall, in the cases referred to in Article 37a (3), set a biofuel deficit calculated on the basis of the energy content, or in the cases referred to in Article 37a (4), for the Lack of greenhouse gas emissions to be reduced by a levy. The duties of the pledge shall be incurred on 15 April of the calendar year following the year of commitment. In the cases of § 37a (3) sentence 1 or sentence 3, also in conjunction with § 37a (3) sentence 4, the amount of the levy shall be 19 euros per gigajoule. In the cases of § 37a (3) sentence 2, the amount of the levy shall be 43 euros per gigajoule. In the cases of Article 37a (3), third sentence, also in conjunction with Article 37a (3), sentence 4, the charge shall not be fixed for the quantities of biofuels for which a levy has already been fixed in accordance with the third sentence or sentence 4. In the cases referred to in Article 37a (4), the levy shall be calculated on the basis of the shortfall of greenhouse gas emissions to be reduced and shall be 0.47 euro per kilogram of carbon dioxide equivalent. If, in the case of § 37a (6) sentence 1 or § 37a (7) sentence 1, the third party does not fulfil its contractual obligation, the competent authority shall determine the charge against the pledge. (3) Insofar as the pledge of the competent authority the information required under the first and third sentences of paragraph 1 has not been duly communicated or has not been duly communicated, the competent authority shall estimate the quantities of fossil petrol and fossil diesel fuel placed on the market by the pledge in the year of commitment and Biofuels as well as greenhouse gas reduction as of 2015. The estimate is an irrefutable basis for the obligation pursuant to § 37a (1) sentence 1 and 2 in conjunction with § 37a (3) and (4). The estimate shall not be made as long as the pledge, in connection with the second sentence of paragraph 2, in conjunction with the second sentence of paragraph 2, sentence 3, 4 or 6, shall recover the pledge. To the extent that a third party has not duly communicated the information required under the fourth sentence of paragraph 1, the competent authority shall assume that the third party has not fulfilled the obligation which he has entered into. Sentence 4 shall not apply to the extent that the third party, in the course of the hearing on the determination of the pledge against the pledge referred to in the second sentence of paragraph 2, recovers this notice. (4) In the cases of § 37a (2) sentence 2, the tax warehouse owner shall have his or her competent authority. (5) With regard to paragraphs 1 to 4, the main customs office of the monthly energy tax declaration to inform in writing the quantity of fossil petrol and fossil diesel fuel, plus the proportion of biofuel, placed on the market for each food. (5) The rules on excise duty applicable to excise duty appropriate application. The notifications referred to in paragraph 1 and paragraph 4 shall be deemed to be tax declarations within the meaning of the tax code. Section 170 (2), first sentence, point 1 of the levy system shall apply. In the cases referred to in paragraph 2, the pledge shall be heard prior to the setting of the levy. Unofficial table of contents

Section 37d Permanent body, legal regulations

(1) Within the Federal Administration, one or more competent bodies are set up with the tasks to monitor the performance of the obligations under section 37a and to perform the tasks regulated in § 37c. In addition, a competent authority shall be established within the Federal Administration, which shall review the reports in accordance with Section 37f. The Federal Government is authorized to determine the respective competent authority by means of a regulation without the consent of the Federal Council. (2) The Federal Government is authorized, after consulting the parties concerned (§ 51), by means of a legal regulation without Approval of the Federal Council

1.

, taking account of technical developments

a): also, by way of derogation from § 37b (1) to (6), to designate energy products as biofuels,
b): to determine, by way of derogation from Article 37b (1) to (6), that certain energy products do not or no longer fully apply to biofuels,
c): the creditability of biogenic oils within the meaning of section 37b (8), first sentence, point 1, for the fulfilment of obligations pursuant to § 37a (1) sentence 1 and 2 in conjunction with § 37a (3) and (4) by way of derogation from § 37b (8) sentence 1 (1), to the extent that: agricultural raw materials to be used in the production of biogenic oils have been produced in a sustainable way,
d): to concretize the creditability of biomethane to the fulfilment of obligations under § 37a (1) sentence 1 and 2 in conjunction with § 37a (3) and (4),
e): the creditability of biomethane, which is fed into the natural gas network, to the fulfilment of obligations under the first sentence of Article 37a (1) and (2) in conjunction with Article 37a (3) and (4),
f): to determine how, in the event of biomethane being fed into the natural gas network, evidence of greenhouse gas emissions is to be established, and
g): to further regulate the detection method for the creditability of biomethane as a whole,

2.

to determine that the quantitative share of a particular biofuel as specified in point 1 or section 37b (1) to (7) of the total fuel sales in the context of the fulfilment of obligations pursuant to section 37a (1), first sentence and (2), in conjunction with section 37a (3), shall be determined in accordance with to calculate the quantity of the biofuel actually placed on the market to be multiplied by a specific calculation factor, to be determined taking into account the greenhouse gas balance of the respective biofuel,

3.

require biofuels to be credited to the fulfilment of obligations under Article 37a (1), first sentence, and (2) in conjunction with Article 37a (3) and (4), where there is evidence that the biomass used in the production of the biomass used has been determined environmental and social requirements for the sustainable production of biomass and for the protection of natural habitats are met and if the biofuel has a certain reduction in greenhouse gas emissions,

4.

to define the requirements referred to in point 3;

5.

change the amount of the levy in accordance with Article 37c (2), sentence 3, 4 or 6, in order to ensure, in the event of changes in the price level for fuels, a comparable economic burden on all food products;

6.

determine the basic value by way of derogation from the fourth sentence of Article 37a (4),

7.

limit the creditability of certain biofuels to the obligations laid down in Articles 37a (1), first sentence and (2), in conjunction with Article 37a (3) and (4), provided that Directive 2009 /28/EC limits the creditability of these biofuels to the The objective of Article 3 (4) of Directive 2009 /28/EC, as well as the verification procedure, should be laid down,

8.

to establish a minimum proportion of certain biofuels in order to meet the obligations laid down in Articles 37a (1) and 2 (2), in conjunction with Article 37a (3) or (4), and to regulate the detection procedure;

9.

specify the calculation method for greenhouse gas emissions from fossil gasoline and fossil diesel fuels by way of derogation from § 37a (4) sentence 5 and to regulate the detection method,

10.

set out the calculation method for greenhouse gas emissions from biofuels by way of derogation from § 37a (4) sentence 6 and to regulate the detection method;

11.

to regulate the creditability of electric current for use in road vehicles in accordance with Article 37a (5), second sentence, in particular:

a): determine the calculation method for the greenhouse gas emissions of the quantities of electricity used, and
b): to regulate the detection method;

12.

to extend, in the light of technical developments, the scope of Article 37a (1), first sentence, to other fuels, in particular:

a): determine the calculation method for the greenhouse gas emissions of these fuels and
b): to regulate the detection method;

13.

, taking into account the technical development, the requirements of § 37a (5) sentence 1 for further measures to reduce greenhouse gas emissions, which are intended to fulfil obligations pursuant to section 37a (1) sentence 1 and 2 in conjunction with § 37a (3) and (4) can be added to, and in particular,

a): to establish the calculation method for the greenhouse gas emissions of those measures; and
b): to regulate the detection method;

14.

the obligation to report under section 37f (1), in particular on the nature, form and content of the report, and to regulate the arrangements of the competent authority required to ensure proper reporting;

15.

to establish a method of detection for the conditions

a): in accordance with Article 37a (4), sentence 7, point 5,
b): in accordance with Article 37b (1) to (7) and, where appropriate, in conjunction with the Regulation referred to in point 1 (a) or (b),
c): in accordance with Article 37b (8), first sentence,
d): of the Regulation referred to in point 1 (c) and
e): of the Regulation referred to in points 2 to 4,

16.

laying down exceptions to the provisions of section 37b (8), first sentence, point 3, provided that this does not preclude the meaning and purpose of the scheme;

17.

Article 37c (1) and (3) to (5) shall apply.

Legal regulations according to the first sentence of 1 (1) (c) are subject to the consent of the German Bundestag. Legal regulations according to the first sentence of the first sentence require the consent of the German Bundestag, insofar as regulations on power-based fuels are taken. If the German Bundestag has not dealt with it after the expiry of four weeks of proceedings since the receipt of the legal regulation pursuant to sentence 2 or 3, the consent to the unchanged legal regulation shall be deemed to have been granted. (3) The Federal Government shall be authorized to: , by means of a regulation without the consent of the Bundesrat, detailed provisions for the implementation of sections 37a to 37c and the legal regulations based on paragraph 2, and in particular

1.: the procedure for securing and monitoring compliance with the quota obligation in the cases of Article 37a (6) and (7) and the data required for the determination of the minimum share of biofuel or greenhouse gas reduction to be closer to rules,
2.: In order to ensure and monitor compliance with the obligation to meet the quota obligation, to adopt provisions relating to § 37a (4) sentences 9 and 10, as well as to Articles 37a (6) and (7),
3.: to lay down the necessary evidence and monitoring of the compliance with the requirements for biofuels and the sampling required for this purpose,
4.: to determine that the creation of obligations under Section 37a (1), first sentence, and (2), in conjunction with Article 37a (3) and (4), shall be linked to the placing on the market of a certain minimum quantity of fuel.

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§ 37e Fees and charges; Regulation empowerment

(1) For acts based on legal orders on the basis of Article 37d (2), first sentence, points 3 and 4, and those related to the recognition of systems or with the recognition and supervision of an independent control body (2) The Federal Ministry of Food and Agriculture is authorized, in agreement with the Federal Ministry for the Environment, Nature Conservation, Building and Nuclear Safety, and the Federal Ministry for Food and Agriculture by the Federal Ministry of Finance without the consent of the Federal Council to determine the chargeable facts and rates and to provide fixed rates, also in the form of time fees or framework rates. In the legal regulation, the reimbursement of expenses may also be regulated by way of derogation from the Administrative Cost Act in the version valid until 14 August 2013. Unofficial table of contents

Section 37f Reports on fuels and energy products

Every year, until 31 March each year, the competent authority shall submit a report on the fuels and energy products placed on the market during the previous year of commitment, provided that a regulation in accordance with Article 37d (2) of this Regulation is applied. Sentence 1, point 14. The report shall contain at least the following information:

1.: the total quantity of each type of fuel and energy product placed on the market, indicating the type of work and the origin, and
2.: the greenhouse gas emissions per unit of energy.

(2) The competent authority shall review the reports. The competent authority shall, upon request, provide the competent authority with the information and submit the documents necessary for the review of the reports. Unofficial table of contents

§ 37g Report of the Federal Government

After the report has been submitted to the European Commission in accordance with Article 22 of Directive 2009 /28/EC, the Federal Government shall transmit the report to the German Bundestag and the Bundesrat, in accordance with Section 64 of the Biofuels Sustainability Regulation.

Fourth part
Characteristics and operation of vehicles, construction and alteration of roads and railways

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§ 38 Nature and operation of vehicles

(1) Motor vehicles and their trailers, rail, air and water vehicles, as well as floating bodies and floating installations must be such that their emissions caused by the participation in the transport system shall be used for the purposes of their intended operation. Protection against harmful environmental effects does not exceed limit values. They must be operated in such a way that avoidable emissions are prevented and unavoidable emissions are kept to a minimum. (2) The Federal Ministry of Transport, Building and Urban Development and the Federal Ministry for the Environment, Nature Conservation After consultation of the parties concerned (§ 51) by means of a regulation with the consent of the Federal Council, the requirements for the quality, the equipment and the equipment necessary for the protection against harmful environmental effects shall be determined by the Federal Council. Operation and testing of the vehicles and installations referred to in the first sentence of paragraph 1, including as far as these are subject to the federal traffic regulations. In so doing, emission limit values may also be set at a time after the entry into force of the regulation, taking into account technical developments. (3) In view of the requirements laid down in paragraph 2, Article 7 (5) shall apply accordingly. Unofficial table of contents

Section 39 Fulfilment of intergovernmental agreements and acts of the European Communities or of the European Union

In order to fulfil obligations arising from intergovernmental agreements or binding acts of the European Communities or of the European Union, the Federal Ministry of Transport, Building and Energy may, for the purposes specified in § 1, be subject to the following conditions: Urban development and the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety, with the consent of the Federal Council, determine that the vehicles referred to in § 38 are subject to certain requirements in terms of nature, equipment, testing and the operation must be sufficient. In view of the requirements set out in the first sentence, Article 7 (5) shall apply accordingly Unofficial table of contents

Section 40 Transport restrictions

(1) The competent road transport authority shall restrict or prohite motor vehicle traffic in accordance with the provisions of road traffic law, in so far as an air pollution plan or a plan for measures to be taken in the short term pursuant to Article 47 (1) of the Treaty or 2. The road traffic authority may, in agreement with the authority responsible for the protection of the immission, allow exemptions from prohibitions or restrictions on motor vehicle traffic if there are inexorable and overriding reasons for the welfare of the general public (2) The competent road traffic authority may prohibit or restrict motor vehicle traffic on certain roads or in certain areas, in accordance with road transport legislation, if the vehicle traffic is to exceed in legal regulations pursuant to section 48a (1a) , and in so far as the authority responsible for the protection of the immission is required to do so in order to reduce or reduce harmful environmental effects caused by air pollution, or To avoid arise. Transport needs and urban planning needs are to be taken into account. § 47 Paragraph 6 sentence 1 remains unaffected. (3) The Federal Government is authorized, after consulting the parties concerned (§ 51), to regulate with the consent of the Federal Council, by means of a regulation, that motor vehicles with little contribution to pollution be exempted, in whole or in part, from traffic bans, or may be exempted, and the criteria and the official identification of motor vehicles to be determined. The Regulation may also regulate the exclusion or exemption of certain journeys or persons where the good of the general public or the unstoppable and overriding interests of the individual so require. Unofficial table of contents

Section 41 Roads and railways

(1) Without prejudice to § 50, the construction or substantial alteration of public roads and of railways, magnetic levitation trains and trams shall ensure that no harmful environmental effects are caused by traffic noise. (2) Paragraph 1 shall not apply in so far as the costs of the protection measure would be disproportionate to the intended purpose of protection. Unofficial table of contents

§ 42 Compensation for noise protection measures

(1) If, in the case of § 41, the immission limits laid down in the legal regulation pursuant to § 43 (1), first sentence 1, point 1 are exceeded, the owner of an affected building plant against the carrier of the building load shall be entitled to an appropriate Compensation in cash, unless the impairment is reasonable due to the particular use of the facility. This also applies in the case of constructional installations which were deliberately approved in the design of the plans in the planning procedure or in the design of the design of the building control plans with designated route planning. (2) The compensation shall be provided for: Sound protection measures at the construction sites at the level of the necessary expenses, insofar as these are held within the scope of the legal regulation in accordance with § 43 (1), first sentence, point 3. Provisions granting further compensation shall remain unaffected. (3) If no agreement is reached between the institution of the building load and the person concerned on the compensation, the competent authority in accordance with the country's law shall, at the request of one of the The compensation shall be determined by written notice. Moreover, the laws of expropriation of the Länder shall apply mutagenicly to the procedure. Unofficial table of contents

Section 43 Legal regulation of the Federal Government

(1) The Federal Government is authorized, after consultation of the parties concerned (§ 51) by means of a decree law with the consent of the Federal Council, to adopt the provisions necessary for the implementation of Section 41 and section 42 (1) and (2), in particular on:

1.: certain limit values which must not be exceeded in order to protect the neighbourhood from harmful environmental effects caused by noises, as well as the procedure for the determination of emissions or immissions,
2.: certain technical requirements relating to the construction of roads, railways, magnetic levitation trains and trams to avoid harmful environmental effects caused by noise and
3.: The nature and extent of the noise protection measures required for the protection against harmful environmental effects caused by noises on construction sites.

The 5 decibels (A) of 5 decibels (A) laid down in the legal regulations on the basis of the first sentence for taking account of the specific characteristics of rail transport shall be effective as from 1 January 2015 and for railway lines exclusively subject to the Regulation on the construction and construction of rail transport. Operation of the trams of 11 December 1987 (BGBl. 2648) will no longer apply from 1 January 2019, to the extent that the planning procedure has not yet been opened for the relevant section of a project and the interpretation of the plan has not yet been publicly disclosed. has been made. The application of the cover referred to in the second sentence may not be applied before 1 January 2015 if the associated additional costs are borne by the subcarrier or the federal government. (2) Due to the requirements of paragraph 1, § 7 (5) accordingly.

Fifth Part
Monitoring and improvement of air quality, air pollution planning, noise reduction plans

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Section 44 Monitoring of air quality

(1) In order to monitor air quality, the competent authorities shall carry out regular investigations in accordance with the requirements of the legal regulations referred to in Article 48a (1) or (1a). (2) The State Governments or the bodies designated by them shall be subject to regular investigations. To establish, by means of legal orders, areas of study in which the nature and extent of certain air pollutants not covered by paragraph 1 in the atmosphere which may cause adverse environmental effects in a given period or continuously, as well as the dates for the development of the Air pollution and its propagation are to be investigated. Unofficial table of contents

Section 45 Improvement of air quality

(1) The competent authorities shall take the necessary measures to ensure compliance with the immission values established by means of a regulation pursuant to § 48a. These include, in particular, plans in accordance with § 47. (2) The measures referred to in paragraph 1

a): have to take into account an integrated approach to the protection of air, water and soil;
b): shall not be in breach of the rules on the protection of the health and safety of workers at work;
c): may not significantly affect the environment in other Member States.

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§ 46 Emission inventories

In so far as it is necessary to comply with binding legal acts of the European Communities or the European Union, the competent authorities shall issue an emission register. Unofficial table of contents

Section 46a Information to the public

The public shall be informed of the quality of the air in accordance with the legal regulations pursuant to Section 48a (1). Any excess of information or alert thresholds laid down in legal regulations pursuant to section 48a (1) shall be communicated to the public by the competent authority without delay by radio, television, the press or in any other way. Unofficial table of contents

Section 47 Air recontent plans, plans for measures to be taken in the short term, national regulations

(1) Where the immission limits laid down in Article 48a (1) are exceeded, including fixed margins of tolerance, the competent authority shall draw up an air-content plan which shall be required to: Measures to permanently reduce air pollution and comply with the requirements of the regulation. The first sentence shall apply in so far as a legal regulation in accordance with Section 48a (1) regulates the establishment of an air pollution control plan in order to comply with target values. The measures of an air pollution control plan shall be capable of keeping as short as possible the period of exceedance of immission limits already to be complied with. (2) There is a risk that the provisions of a regulation pursuant to Article 48a (1) shall be subject to the following conditions: , the competent authority shall draw up a plan for measures to be taken in the short term, in so far as the regulation provides for such measures. Where there is a risk of exceeding limits or target values established by means of a regulation in accordance with Article 48a (1), the competent authority may set up a plan for measures to be taken in the short term, provided that: This provision provides for this. The measures laid down in the plan must be appropriate to reduce the risk of the values being exceeded or to shorten the period during which the values are exceeded. A plan for measures to be taken in the short term may be part of an air-content plan referred to in paragraph 1. (3) It shall provide evidence that the immission values laid down in Article 48a (1a) shall not be complied with, or if any other adverse environmental impact is to be expected in an area of investigation within the meaning of Article 44 (2), the competent authority may draw up an air pollution control plan. The objectives of spatial planning must be taken into account when drawing up these plans; the principles and other requirements of spatial planning must be taken into account. (4) The measures shall be taken in accordance with the 'polluter pays' principle, with due regard for the principle of To apply proportionality against all issuers who contribute to the exceeding of the immission values or in an area of investigation within the meaning of § 44 (2) to other harmful environmental effects. If road transport measures are required in the plans referred to in paragraph 1 or 2, they shall be determined in agreement with the competent road and road authorities. If emission levels are exceeded in respect of several pollutants, a plan shall be drawn up for all pollutants. Where emission levels are exceeded by emissions which are caused outside the plan area, the competent authority shall also draw up a plan in the cases referred to in paragraphs 1 and 2. (5) The plans to be set up under paragraphs 1 to 4 shall be in accordance with the requirements of Section 45 (2). The public shall be involved in the drawing up of plans under paragraphs 1 and 3. The plans shall be open to the public. (5a) When drawing up or amending the air pollution control plans referred to in paragraph 1, the public shall be involved by the competent authority. The establishment or modification of an air content plan and information on the participation procedure shall be made public in an official publication and in any other appropriate manner. The draft of the new or amended air pollution control plan shall be issued one month for inspection; up to two weeks after the expiry of the period of interpretation, it may be made in writing to the competent authority; the date of expiry of the period of expiry of the period of expiry of the period of expiry of the period of expiry of shall be notified in the notice referred to in the second sentence. Opinions received within the time limit shall be duly taken into account by the competent authority in the decision on the adoption of the plan. The plan drawn up shall be made public by the competent authority in an official publication, and in any other appropriate manner. The public notice shall indicate the area covered and an overview of the main measures taken. A copy of the plan, including a presentation of the expiry of the participation procedure and the reasons and considerations on which the decision taken is based, shall be interpreted for two weeks. This paragraph shall not apply where the air content plan referred to in paragraph 1 is a plan for which a Strategic Environmental Assessment (EIA) is to be carried out in accordance with the Environmental Impact Assessment Act. (5b) Where the provisions of paragraph 2 are Plans for measures to be taken in the short term shall make the competent authority of the public both the results of its investigations into the feasibility and content of such plans, and information on the implementation of such plans. (6) The measures defining the plans referred to in paragraphs 1 to 4 shall be made available; shall be enforced in accordance with this Act or under other legislation by means of orders or other decisions taken by the competent bodies of public administration. Where planning provisions are laid down in the plans, the planning bodies responsible shall take this into account in their planning. (7) The national governments or the bodies designated by them shall be authorized, in the event of the risk that: In accordance with Article 48a (1), the limit values laid down in Article 48a (1) shall be exceeded by means of a legal regulation stipulating that certain areas to be determined shall be subject to certain conditions:

1.: should not be allowed to operate,
2.: fixed installations must not be established,
3.: variable or fixed installations must only be operated at specific times or have to meet increased operational requirements,
4.: fuels in installations must not be used, or may be used only in a limited way,

in so far as the installations or fuels are capable of contributing to the exceeding of the immission values. The first sentence of paragraph 4 and Article 49 (3) shall apply accordingly.

Sixth Part
Noise reduction planning

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Section 47a Scope of application of the Sixth Part

This part of the law applies to environmental noise, to people in particular in built-up areas, in public parks or other quiet areas of a conurbations area, in quiet areas in the countryside, in the vicinity of school buildings, Hospitals and other noise-sensitive buildings and areas are exposed. It shall not apply to noise caused by the person concerned himself or by activities within housing, for neighbourhood noise, noise at the workplace, in means of transport or noise relating to military activities in military areas. Unofficial table of contents

Section 47b Definitions

In the sense of this law, the terms

1.: "environmental noise" means any noise in the open air caused by human activities, including noise emitted by means of transport, road transport, rail transport, air traffic and the use of public transport services, the work of industrial activities;
2.: "agglomeration" means an area with a population of more than 100 000 inhabitants and a population density of more than 1 000 inhabitants per square kilometre;
3.: "main road" means a federal highway, national road or any other cross-border road, each with a traffic volume of more than three million vehicles per year;
4.: "main railway line" means a railway line of railways in accordance with the General Railway Act, with a traffic volume of more than 30 000 trains per year;
5.: "major airport" means a commercial airport with a traffic volume of more than 50 000 movements per year, with the "movement" of the start or landing being designated, and the training of light aircraft exclusively used for training purposes except.

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§ 47c Noise Cards

By 30 June 2007, the competent authorities shall, in relation to the previous calendar year, work on noise maps for agglomerations of more than 250 000 inhabitants, as well as for major roads with a traffic volume of more than six million Motor vehicles per year, main railway lines with a traffic volume of more than 60 000 trains per year and major airports. The same shall apply until 30 June 2012 and thereafter every five years for all agglomerations as well as for all main roads and main railway lines. (2) The noise maps have the minimum requirements laid down in Annex IV to Directive 2002 /49/EC European Parliament and of the Council of 25 June 2002 on the assessment and management of environmental noise (OJ L 327, 22.6.2002, p. EC No 12) and to contain the data to be transmitted to the Commission in accordance with Annex VI to Directive 2002/49/EC. (2a) Public railway infrastructure undertakings shall be obliged to take the necessary measures to draw up noise maps. to provide the authorities with the following data free of charge for the development of noise maps:

1.: data on railway infrastructure and
2.: Data on the traffic of the railways on the railway tracks.

(3) The competent authorities shall cooperate with the competent authorities of other Member States of the European Union in the preparation of noise maps for border areas. (4) Noise maps shall be at least every five years after the date of their (5) The competent authorities shall inform the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety or a body designated by it as of 30 June 2005 and thereafter every five years the conurbations of the agglomeration with the More than 250 000 inhabitants, the main roads with a Traffic volume of more than six million vehicles per year, the main railway lines with a traffic volume of more than 60 000 trains per year and the major airports. The same applies to all conurbations as at 31 December 2008, as well as all main roads and main railway lines. (6) The competent authorities shall share information from the noise maps referred to in the legal regulation in accordance with § 47f , the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety, or a body designated by it. Unofficial table of contents

§ 47d Noise plans

The competent authorities shall, by 18 July 2008, set up noise plans to regulate noise problems and noise effects for:

1.: Places close to the main roads with a traffic volume of more than six million vehicles per year, the main railway lines with a traffic volume of more than 60 000 trains per year and the major airports,
2.: Agglomerations with more than 250 000 inhabitants.

The same applies until 18 July 2013 for all conurbations, as well as for all main thoroughfares and main railway lines. Whereas the definition of measures in the plans is at the discretion of the competent authorities, but should also, taking into account the burden of several sources of noise, address in particular the priorities which may be derived from: (2) The noise plans shall have the minimum requirements set out in Annex V to the Directive. Directive 2002/49/EC, as defined in Annex VI to Directive 2002 /49/EC data to be transmitted to the Commission. The aim of these plans is also to protect quiet areas from an increase in noise. (2a) Public railway infrastructure companies are obliged to draw up noise plans for places close to the main railway lines. (3) The public will be consulted on proposals for noise action plans. It shall be given the opportunity, in good time and effectively, to participate in the preparation and review of the noise action plans. The results of the participation shall be taken into account. The public shall be informed of the decisions taken. Provision should be made for adequate time-limits for each stage of participation. (4) Paragraph 47c (3) shall apply. (5) The noise plans shall be applied to significant developments for the noise situation, otherwise all five shall be: (6) § 47 (3), second sentence, and (6) shall apply accordingly. (7) The competent authorities shall share information from the noise action plans referred to in the Legal Regulation. § 47f are designated, the Federal Ministry for the Environment, Nature Conservation and Reactor safety or a body designated by it. Unofficial table of contents

Section 47e competent authorities

(1) Competent authorities for the tasks of this part of the law are the municipalities or the authorities responsible under national law, unless otherwise specified in the following. (2) The supreme state authorities or the bodies designated by them are responsible for the notifications pursuant to § 47c (5) and (6) and § 47d (7). (3) The Federal Railway Authority is responsible for the elaboration of the noise maps for railway lines of railways of the Federal Government pursuant to § 47c and to the extent to which the notice of the communication is the main railway lines in accordance with § 47c (5), for the notification of the information in accordance with § § 47c (5) 47c (6) and for the provision of information to the public on noise maps in accordance with § 47f (1), first sentence, point 3. (4) By way of derogation from paragraph 1, the Federal Railway Authority shall be responsible for establishing a national noise plan from 1 January 2015. for the main railway lines of the federal government with measures in federal highness. In the case of noise management plans for conurbations, the Federal Railways Office has an effect on noise planning. Unofficial table of contents

Section 47f Legal orders

(1) The Federal Government is authorized, after consultation of the parties concerned (§ 51), by means of a regulation with the consent of the Bundesrat, to adopt further measures for the implementation of Directive 2002/49/EC into German law, in particular:

1.: on the definition of noise and its application,
2.: the methods of calculation of noise and the assessment of adverse health effects,
3.: to inform the public about competent authorities and noise maps and noise plans,
4.: on criteria for the definition of measures in noise plans.

Where, in accordance with Article 12 of Directive 2002/49/EC, the Commission adapts to scientific and technical progress in accordance with the procedure referred to in Article 13 (2) of Annex I to Annex II to Directive 2002/49/EC, the rate applicable shall be: 1 also in this respect. (2) The Federal Government is authorized, after consultation of the parties concerned (§ 51), to adopt further regulations with the consent of the Bundesrat, by means of a legal regulation

1.: on the format and content of noise maps and noise action plans,
2.: for data collection and data transmission.

Seventh Part
Common rules

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§ 48 Administrative provisions

(1) The Federal Government shall, after consulting the parties concerned (§ 51) with the consent of the Federal Council for the implementation of this Act and the legal regulations of the Federal Government adopted pursuant to this Act, general administrative provisions, in particular,

1.: Immission values which may not be exceeded for the purpose referred to in § 1;
2.: Emission values which can be avoided in accordance with the state of the art,
3.: the procedure for determining emissions and immissions,
4.: the measures to be taken by the competent authority in respect of installations for which provision may be made in a legal regulation pursuant to Article 7 (2) or (3), taking into account in particular the conditions laid down therein,
5.: Equivalent parameters or equivalent technical measures to emission values.

In determining the requirements, particular consideration shall be given to possible relocations of adverse effects from one protection product to another; a high level of protection of the environment as a whole shall be ensured. (1a) After each Publication of a BAT conclusion is to ensure that for installations according to the Industrial Emissions Directive, when setting emission values in accordance with the first sentence of the first paragraph of paragraph 1, the emissions under normal operating conditions are those in the BVT conclusions do not exceed emission bandwidths. Within one year of publication of a BAT conclusion on the main activity of a plant, the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety examines whether the state of the art has progressing; a progress of the The state of the art is known in the Federal Gazette. (1b) By way of derogation from paragraph 1a

1.

Less stringent emission levels may be laid down in the administrative procedure if:

a): because of the technical characteristics of the type of plant concerned, the application of the emission bandwidths referred to in the BAT conclusions would be disproportionate and that this is justified, or
b): shall be tested or applied in installations for the future for a maximum period of not more than nine months, provided that the application of the technology concerned is terminated after the specified period of time, or at least those in the Annex to the Directive are to be applied in the Annex the best available techniques are associated with emission bandwidths, or

2.

may be determined in the administrative provision that the competent authority may lay down less stringent emission limits if:

a): because of the technical characteristics of the installations concerned, the application of the emission bandwidths referred to in the BAT conclusions would be disproportionate, or
b): shall be tested or applied in installations for the future for a maximum period of not more than nine months, provided that the application of the technology concerned is terminated after the specified period of time, or at least those in the Annex to the Directive are to be applied in the Annex best available techniques associated emission bandwidths.

The second sentence of paragraph 1 shall remain unaffected. Emission values and emission limits as set out in the first sentence shall not exceed the emission limit values set out in the Annexes to Directive 2010 /75/EU. (2) (omitted) Unofficial table of contents

Section 48a Legal regulations on emission values and immission values

(1) In order to comply with binding legal acts of the European Communities or the European Union, the Federal Government may, with the consent of the Federal Council, on the setting of immissions and immissions, to the purpose specified in section 1 above, Emission values, including the procedures for identification and measures for compliance with these values and for monitoring and measurement, shall be adopted. The legal regulations can also regulate how the population is to be informed. (1a) In addition to the fulfilment of binding legal acts of the European Communities or the European Union, the Federal Government may be required to comply with the provisions of § 1. , with the consent of the Bundesrat, legal regulations on the establishment of immission values for other pollutants, including the procedures for determining and taking measures to ensure compliance with these values and for monitoring and measurement . The legal regulations may also regulate the way in which the population is to be informed. (2) The measures laid down in the legal regulations referred to in paragraph 1 shall be governed by arrangements or other decisions taken by the competent bodies of public authorities. (3) to ensure that the planning authorities have to decide whether and to what extent planning is to be considered. (3) To the extent that planning is to be taken into account, the competent planning bodies must decide whether and to what extent plans have to be taken into consideration. Fulfilment of binding acts of the European Communities or of With the consent of the Federal Council, the Federal Government may, with the consent of the Federal Council, provide the Federal Government with the obligations to be fulfilled by the authorities in order to comply with the obligations laid down in Article 1 and to give them powers to collect, process and use personal data to provide data to the extent necessary for the assessment and control of the requirements set out in the decisions. Unofficial table of contents

§ 48b Participation of the Bundestag in the adoption of legal regulations

Legal regulations pursuant to § 7 (1) sentence 1 (2), § 23 (1) sentence 1 (2), § 43 (1) sentence 1 (1) (1), § 48a (1) and 48a (1a) of this Act are to be attributed to the Bundestag. The supply line takes place before the supply line to the Federal Council. The legal regulations may be amended or rejected by decision of the Bundestag. The decision of the Bundestag shall be forwarded to the Federal Government. If the Bundestag has not dealt with it after the expiry of four weeks of proceedings since the receipt of the legal regulation, the unchanged legal decree will be forwarded to the Bundesrat. The sentences 1 to 5 do not apply to legal regulations pursuant to Section 7 (1) sentence 1 (2) in the event that the development of the state of the art requires the implementation of BAT conclusions in accordance with § 7 paragraph 1a. Unofficial table of contents

Section 49 Protection of certain areas

(1) The State Governments shall be empowered to prescribe, by means of a regulation, that in areas to be specified which require special protection against adverse environmental effects caused by air pollution or noises, certain areas shall be subject to certain conditions:

1.: should not be allowed to operate,
2.: fixed installations must not be established,
3.: variable or fixed installations may only be operated at specific times or may have to meet increased operational requirements; or
4.: fuels in installations must not be used, or may be used only in a limited way,

in so far as the installations or fuels are capable of causing adverse environmental effects caused by air pollution or noises which are not compatible with the special protection requirements of those areas, and the air pollution and (2) The state governments are empowered to establish, by means of legal regulation, areas in which, during the exchange of weather conditions, there is a strong increase in the environmental impact of harmful environmental effects. Air pollution is to be feared. The legal regulation may require that in these areas:

1.: Location-changing or fixed installations shall be operated at specific times only; or
2.: Fuels which cause particular air pollution, are not used in installations or are used only to a limited extent.

, as soon as the exchange-rate weather situation is notified by the competent authority. (3) Land-law authorisations for the municipalities and municipal associations for the adoption of local law, the rules for the protection of the Population against harmful environmental impacts caused by air pollution or noises remain unaffected. Unofficial table of contents

§ 50 Planning

In the case of spatial planning and measures, the areas intended for a particular use shall be classified in such a way as to ensure that harmful environmental effects and major accidents within the meaning of Article 3 (5) of Directive 96 /82/EC are to be found in Areas of operation will have an impact on areas serving exclusively or primarily in housing, as well as other areas in need of protection, in particular areas of public use, important transport routes, recreational areas and under the Aspect of nature protection particularly valuable or particularly sensitive Areas and publicly used buildings, as far as possible avoided. In the case of spatial planning and measures in areas where the limit values and target values laid down in the legal regulations referred to in Article 48a (1) are not exceeded, the maintenance of the relevant concerns shall be the subject of the conservation of the the best possible air quality to be considered as a concern. Unofficial table of contents

Section 51 Consultation of interested parties

Where appropriations for the adoption of legal regulations and general administrative provisions prescribe the consultation of the parties concerned, a group of representatives of the scientific community, the persons concerned and the interested parties, to be selected, shall be selected. the economy, the transport sector involved and the highest national authorities responsible for the protection of immission. Unofficial table of contents

Section 51a Commission for Plant Safety

(1) At the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety, a Commission for Plant Safety is set up in order to advise the Federal Government or the relevant Federal Ministry. (2) The Commission for Plant Safety is to be established Assess at regular intervals as well as the opportunity to improve plant safety at regular intervals. In addition, it proposes to the state of safety technology corresponding rules (safety rules), taking into account the rules existing for other protection objectives. The Federal Ministry for the Environment, Nature Conservation and Nuclear Safety is able to publish these rules in the Federal Gazette after hearing the top state authorities responsible for plant safety. Within a reasonable period of time, the Commission for Plant Safety shall, at the latest after five years, verify whether the published safety rules continue to comply with the state of safety technology. (3) The Commission shall In agreement with the Federal Ministry of Labour and Social Affairs, in addition to representatives of the federal authorities involved, as well as the national authorities responsible for the protection of immissions and employment, in particular, the Federal Ministry of Labour and Social Affairs Representatives of the scientific community, the environmental associations, the Trade unions, the experts according to § 29a and the approved supervisory bodies in accordance with § 37 paragraph 5 of the Product Safety Act, the professional cooperatives, the participating economy, as well as representatives of the The Commission for Plant Safety elects a chairperson or chairperson from among its members, and shall adopt its rules of procedure. The election of the chairman or the chairman and the rules of procedure shall be subject to the agreement of the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety, which is to be granted in agreement with the Federal Ministry of Labour and Social Affairs. Unofficial table of contents

§ 51b Safeguarding of the possibility of delivery

The operator of a facility in need of approval shall ensure that certain documents may be delivered to him within the scope of this Act. Where delivery can only be ensured by appointing an authorized representative, the operator shall appoint the authorised representative to the competent authority. Unofficial table of contents

§ 52 Monitoring

(1) The competent authorities shall monitor the implementation of this law and of the legal regulations based on this law. They may take the necessary measures to do so and shall use representatives in the implementation of these measures. They have to regularly review the authorisations within the meaning of § 4 and to update them as far as necessary by post-posterior arrangements in accordance with § 17. A review within the meaning of the second sentence shall be carried out in each case where:

1.: there are indications that the protection of the neighbourhood and the general public is not sufficient and therefore the limits of emissions laid down in the permit must be reviewed or re-established,
2.: Significant changes in the state of the art allow a significant reduction in emissions,
3.: necessary improvement of operational safety, in particular through the use of other techniques, or
4.: call for new environmental legislation.

For installations according to the Industrial Emissions Directive, within four years following the publication of BAT conclusions on the main activity

1.: to carry out a review and, where appropriate, update the authorisation within the meaning of the third sentence;
2.: ensure that the facility in question complies with the approval requirements in accordance with Section 6 (1) (1) and the secondary provisions in accordance with § 12.

Sentence 5 shall also apply to authorisations granted after the publication of BAT conclusions on the basis of the laws, regulations and administrative provisions currently in force. If it is established that compliance with the subsequent arrangement pursuant to § 17 or the authorisation within the period specified in sentence 5 would be disproportionate due to the technical characteristics of the installation concerned, the competent authority may: longer period. As part of any review of the authorisation, the competent authority shall have less stringent emission limits in accordance with Article 7 (1b), first sentence, point 2 (a), Article 12 (1b), first sentence, point 1, § 17 (2b), first sentence, point 1, and section 48 (1b) (1a) In the case of the third sentence of Article 31 (1), the competent authority shall, at least annually, assess the results of the emission monitoring in order to ensure that the emissions under normal conditions are: Operating conditions the emission bandwidths specified in the BAT conclusions are not (1b) In order to implement the first sentence of paragraph 1, the competent authorities shall, for the purpose of regular monitoring of installations in accordance with the Industrial Emissions Directive in their area of competence, set up monitoring plans and monitoring programmes in accordance with § 52a. The monitoring referred to in the first sentence shall include, in particular, on-the-spot inspections, monitoring of emissions and verification of internal reports and follow-up documents, verification of self-control, examination of the techniques used and the suitability of the Environmental management of the plant to ensure the requirements of § 6 (1) (1). (2) The owners and operators of plants as well as owners and owners of land on which plants are operated shall be obliged to provide the members with the necessary conditions. the competent authority and its agents shall have access to the land and to the To allow the prevention of urgent threats to public safety or order, including housing and the taking of tests, including the identification of emissions and immissions, and to provide the information and documents , which are necessary for the performance of their tasks. The fundamental right of inviolability of the apartment (Article 13 of the Basic Law) is restricted to this extent. Operators of installations for which an immission officer or an accident officer is appointed shall, at the request of the competent authority, be accompanied by such surveillance measures as set out in the first sentence. In the context of the obligations set out in the first sentence, the owners and operators of the installations shall provide manpower and equipment, in particular fuel and propulsion units. (3) Paragraph 2 shall apply mutagenly to owners and owners of installations; Substances, products, fuels, fuels and lubricants, in so far as these are subject to § § 37a to 37c or to the regulation of the legal regulation issued in accordance with Articles 32 to 35, 37 or 37d. The owners and owners shall allow the members of the competent authority and their agents to take samples to the extent that this is necessary to carry out their duties. (4) Costs which shall be carried out by means of tests carried out under the The applicant shall bear the approval procedure. The costs incurred in the sampling of samples referred to in paragraph 3 and their investigation shall be borne by the party responsible for providing information. Costs incurred as a result of other surveillance measures referred to in paragraph 2 or 3 shall be borne by the party responsible for providing information, unless the measure concerns the identification of emissions and immissions or the monitoring of an unauthorised person Installation outside the surveillance system in accordance with the Twelfth Regulation implementing the Federal Immission Control Act; in such cases, the costs shall be borne by the party responsible for providing information only if the investigation has shown that:

1.: the conditions or arrangements in accordance with the provisions of this Act or of the legal regulations based on this Law have not been complied with, or
2.: Conditions or orders pursuant to the provisions of this Act or of the legal regulations based on this Law

(5) The information provided by the person concerned may refuse to answer such questions, the answers to which he or she himself or one of the members of the risk of criminal prosecution referred to in § 383 (1) (1) to (3) of the Civil Procedure Code (6) As far as the implementation of this law or the legal regulations based on this law are to be determined, the owners and owners of the Land on which installations are not operated, the members of the the competent authority and its agents shall allow access to land and the prevention of urgent threats to public safety or order, including housing, and the taking of the tests. The fundamental right of inviolability of the apartment (Article 13 of the Basic Law) is restricted to this extent. In the exercise of the powers provided for in the first sentence, account shall be taken of the legitimate concerns of the owners and owners; the country shall, in the case of Section 59 (1) of the Federal Government, make a substitute for damage caused. Where the damage has been unavoidable and the surveillance measures have led to orders issued by the competent authority against the operator of an installation, the latter shall be obliged to reimburse the country or the covenant for the replacement. (7) § § 93, 97, 105 (1), § 111 (5) in conjunction with Section 105 (1) and Section 116 (1) of the Tax Code shall not apply to the knowledge and documents obtained pursuant to paragraphs 2, 3 and 6. This shall not apply in so far as the financial authorities require the knowledge required for the implementation of a procedure on the basis of a tax offence and of a related taxation procedure, in the pursuit of which a compelling public interest , or in the case of intentionally incorrect information from the party responsible for information or the persons working for him. Unofficial table of contents

Section 52a Monitoring plans, monitoring programmes for installations according to the Industrial Emissions Directive

(1) Monitoring plans shall contain the following:

1.: the territorial scope of the plan;
2.: a general assessment of the major environmental problems within the scope of the plan;
3.: a list of installations falling within the scope of the plan;
4.: procedures for the establishment of periodic monitoring programmes,
5.: Procedures for monitoring special occasions and
6.: as far as necessary, provisions for cooperation between different supervisory authorities.

The monitoring plans shall be regularly reviewed by the competent authorities and, where necessary, updated. (2) On the basis of the monitoring plans, the competent authorities shall regularly draw up or update monitoring programmes, in which the periods during which on-site visits must take place are also indicated. According to a systematic assessment of the environmental risks associated with the installation, the time interval between installations on site must be carried out in particular on the basis of the following criteria:

1.: the possible and actual effects of the plant in question on human health and the environment, taking into account the emission values and types, the sensitivity of the local environment and the level of the plant accident risk,
2.: Previous compliance with the approval requirements in accordance with § 6 (1) (1) and the secondary provisions according to § 12,
3.: Registration of a company in a list in accordance with Articles 13 to 15 of Regulation (EC) No 1221/2009 of the European Parliament and of the Council of 25 November 2009 on the voluntary participation of organisations in a Community scheme for environmental management and audit and repealing Regulation (EC) No 761/2001, as well as Commission Decisions 2001 /681/EC and 2006 /193/EC (OJ L 136, 31.3.2001, p. OJ L 342, 22.12.2009, p. 1).

(3) The distance between two on-site visits shall not exceed the following periods:

1.: one year for installations which are subject to the highest risk level, and
2.: three years in the case of installations that fall under the lowest risk level.

If, in the case of monitoring, it has been found that the operator of an installation is seriously in breach of the authorisation, the competent authority shall, within six months of the statement of the infringement, have an additional (4) The competent authorities shall, without prejudice to paragraph 2, lead to complaints of serious environmental damage, events with significant environmental effects and infringements of the rules. of this Act or of the legal regulations adopted pursuant to this Act Monitoring by. (5) After each on-the-spot inspection of an installation, the competent authority shall draw up a report containing the relevant findings on compliance with the approval requirements referred to in Article 6 (1) (1) and the subsidiary provisions § 12 as well as conclusions as to whether further measures are necessary. The report shall be submitted to the operator within two months of the on-the-spot inspection by the competent authority. The report shall be made available to the public in accordance with the rules on access to environmental information within four months of the on-the-spot visit. Unofficial table of contents

Section 52b obligation to participate in the operating organisation

(1) If, in the case of limited liability companies, the representative body is composed of several members or if there are a number of authorised members in the case of partnerships, the competent authority shall be reported to the competent authority as to who of them shall be: the provisions relating to the power of management of the company shall be subject to the obligations of the operator of the plant in need of approval under this Act and in accordance with the laws and regulations adopted pursuant to this Act; and the general administrative provisions. This shall not affect the overall responsibility of all the board members or members. (2) The operator of the facility in need of approval or within the framework of its business management authority the person to be displayed in accordance with the first sentence of paragraph 1 shall have the following: inform the competent authority of the manner in which it is ensured that the provisions and arrangements used for protection against adverse environmental effects and other hazards, major drawbacks and significant nuisances in respect of Operation is respected. Unofficial table of contents

§ 53 Order of a company representative for immission protection

(1) Operators of equipment in need of approval shall appoint one or more immission protection officers (Immission Protection Officer), provided that this is due to the nature or size of the installations.

1.: emissions from the installations,
2.: technical problems of emission limitation or
3.: the suitability of the products, in the case of intended use, to cause adverse environmental effects caused by air pollution, noise or shocks;

is required. The Federal Ministry for the Environment, Nature Conservation and Nuclear Safety, after consulting the parties concerned (§ 51), determines, with the approval of the Federal Council, the approved plants, the operators of which are subject to approval by the Federal Council. (2) The competent authority may order that operators in need of approved installations for which the appointment of an immission protection officer is not required by a regulation of the law, and Operators of installations not in need of authorisation one or more In the case of an individual case, the person responsible for immission protection shall have the right to order the order from the points of view referred to in the first sentence of paragraph 1. Unofficial table of contents

Section 54 Tasks

(1) The Immission Protection Officer shall advise the operator and the members of the staff in matters which may be significant for the protection of the immission. He is entitled and obliged to:

1.

on development and introduction

a): environmentally friendly processes, including procedures for the prevention or proper and harmless recovery of waste produced during operation or its disposal as waste, and for the use of heat generated by the use of waste;
b): environmentally friendly products, including methods of recovery and re-use,

to work,

2.

to contribute to the development and implementation of environmentally friendly processes and products, in particular by evaluating processes and products from the point of view of environmental friendliness,

3.

in so far as this is not the task of the fault officer pursuant to section 58b (1) sentence 2, point 3, the compliance with the provisions of this law and the legal regulations issued pursuant to this Act and the fulfilment of conditions and conditions and monitoring requirements, in particular through the control of the premises at regular intervals, measurements of emissions and immissions, notification of shortcomings identified and proposals for measures to remedy these shortcomings,

4.

inform the members of the staff of the harmful environmental effects caused by the installation and of the facilities and measures to be taken to prevent them, taking into account the provisions of this Act or regulations on the basis of the obligations arising from this law.

The immission officer shall report annually to the operator on the measures taken and intended to be taken in accordance with the second sentence of paragraph 1, points 1 to 4, to the operator. Unofficial table of contents

§ 55 Duties of the operator

(1) The operator has to order the immission officer in writing and to describe the tasks assigned to him in detail. The operator shall immediately notify the appointment of the Immission Officer and the name of his/her duties, as well as any changes in his or her duties and his dismise to the competent authority. A copy of the advertisement shall be handed out to the Immission Officer. (1a) The operator must inform the operational or staff council before the appointment of the Immission Protection Officer, under the name of the tasks assigned to him. The same shall apply in the event of changes in the role of the immission protection officer and in the event of his dismise. (2) The operator may only appoint the immission protection officer who is required to fulfil his duties and to fulfil his duties. Reliability. Where the competent authority is aware of facts which result from the fact that the immission officer does not possess the technical or reliability required to carry out his duties, it may require the operator to: Other immission protection officers. The Federal Ministry for the Environment, Nature Conservation and Nuclear Safety is authorized, after consultation of the parties concerned (§ 51), to prescribe, with the consent of the Federal Council, the requirements for the technical customer and the (3) If a number of immission protection officers are appointed, the operator shall have the necessary coordination in the performance of the tasks, in particular by forming a Committee on the Environment. The same applies if, in addition to one or more immission protection officers, operating officers are appointed in accordance with other statutory provisions. The operator shall also ensure the cooperation of the operational officers with the persons responsible for occupational safety and health. (4) The operator shall assist the immission protection officer in the performance of his duties and shall: in particular, to the extent necessary for the performance of its tasks, to provide assistance staff and premises, facilities, equipment and means, and to allow participation in training. Unofficial table of contents

Section 56 Opinion on decisions of the operator

(1) The operator shall, before taking decisions on the introduction of procedures and products, and before making investment decisions, obtain an opinion from the Immission Safety Officer if the decisions concerning the protection of the immission are significant (2) The opinion shall be obtained in sufficient time to be properly taken into account in the decisions referred to in paragraph 1; it shall be submitted to the body responsible for the introduction of procedures and products, and on the basis of the investment decides. Unofficial table of contents

§ 57 Right of lecture

The operator shall, by means of internal organisational measures, ensure that the immission officer can present his proposals or concerns directly to the management if he does not contact the manager responsible. and, because of the particular importance of the matter, it considers that a decision of the management is necessary. If the immission officer cannot agree on a measure proposed by him in the scope of his duties with the management, he shall provide the immission protection officer with a full account of the reasons for his refusal to do so. . Unofficial table of contents

§ 58 Prohibition of deprivation, protection against dismissal

(1) The Immission Officer shall not be penalised because of the performance of the tasks assigned to him. (2) If the immission protection officer is the employee of the operator who is responsible for the appointment, the termination of the Employment is inadmissible unless facts are available which entitle the operator to terminate the contract for good reason without having to comply with a notice period. After the appointment as an immission protection officer, the termination within one year from the date of the termination of the order shall be inadmissible, unless facts are available to the operator to terminate the order from an important point of view. Reason without notice of a notice period entitles. Unofficial table of contents

§ 58a Order of a fault officer

(1) operators of installations in need of approval shall have one or more accident officers to be ordered, provided that this is due to the nature and size of the plant because of the hazards associated with a disturbance of the intended operation for the plant Generality and the neighborhood is required. After consulting the parties concerned (§ 51), the Federal Government shall, with the consent of the Federal Council, determine, by means of a regulation with the consent of the Federal Council, the installations requiring approval, the operator of which has to appoint an accident officer. (2) The competent authority may Arrange for operators of installations requiring approval, for which the order of an accident officer is not required by a legal regulation to appoint one or more accident officers, to the extent that in the individual case the The need to order from the point of view referred to in the first sentence of paragraph 1 results. Unofficial table of contents

§ 58b Tasks of the fault officer

(1) The fault officer shall advise the operator on matters which may be significant for the safety of the plant. He is entitled and obliged to:

1.: to work to improve the safety of the plant,
2.: to notify the operator of any disturbances of the intended operation which have become known to the operator, which may lead to risks to the general public and to the neighbourhood,
3.: compliance with the provisions of this Act and the legal regulations adopted pursuant to this Act, and the fulfilment of conditions and conditions granted with regard to the prevention of disturbances in the operation of the monitoring the plant, in particular by checking the premises at regular intervals, notification of identified shortcomings and proposals for the elimination of such deficiencies,
4.: To notify the operator without delay of any deficiencies affecting the preventive and defensive fire protection and technical assistance.

The fault officer shall report annually to the operator on the measures taken and intended to be taken in accordance with the second sentence of the second sentence of paragraph 1, paragraph 1, point 1 to 3. In addition, he shall be obliged to record in writing the measures he has taken in order to carry out his duties in accordance with the second sentence of paragraph 1, second sentence 2. He must keep these records for at least five years. Unofficial table of contents

§ 58c obligations and rights of the operator in relation to the fault officer

(1) The obligations of the operator specified in § § 55 and 57 shall apply in accordance with the fault officer; in legal regulations pursuant to § 55 (2) sentence 3, it may also be regulated which requirements to the technical customer and reliability (2) The operator has to obtain an opinion from the accident officer prior to investment decisions as well as prior to the planning of operating facilities and the introduction of working methods and working materials, if: these decisions can be significant for the safety of the plant. The opinion shall be obtained in sufficient time to take due account of the decisions referred to in the first sentence and shall be submitted to the body responsible for making the decisions. (3) The operator shall be able to inform the fault officer of Transfer of decision-making powers to the elimination and limitation of the effects of disruptions of intended operation, which may or may have led to risks to the general public and to the neighbourhood. Unofficial table of contents

§ 58d Prohibition of the deprivation of the fault officer, protection against dismissal

Section 58 shall apply mutas to the fault officer. Unofficial table of contents

§ 58e Facilitation for audited company locations

(1) The Federal Government is authorized, with the consent of the Federal Council, to facilitate the content of the application documents in the approval process, in order to promote private ownership of EMAS sites by means of a legal regulation with the consent of the Federal Council. Provision should be made for the facilitation of legal surveillance in so far as the relevant requirements of Regulation (EC) No 1221/2009 are equivalent to the requirements for monitoring and application documents under this Act or to the requirements of Regulation (EC) No 1221/2009, as appropriate. The provisions of this Act are provided for, or in so far as they are (2) By means of the regulation referred to in paragraph 1, further conditions may be required for the use and withdrawal of facilities or for the complete or (3) The legal regulation referred to in paragraph 1 may provide for the granting of relief under the law of the Member States where the conditions for granting the aid are not met. environmental verifier or environmental verifier to comply with the Environmental legislation has not detected any deviations and certified this in the validation process. In particular, facilities may be provided for:

1.: Calibrations, investigations, tests and measurements,
2.: measurement reports and other reports and communications of investigative results,
3.: Duties of the Immission Protection and Accident Officer,
4.: Participation obligations for the company organisation and
5.: the frequency of regulatory surveillance.

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Section 59 Jurisdiction in the area of national defence

The Federal Government is authorized, with the consent of the Federal Council, to determine by means of a decree law that the enforcement of this law and the legal regulations based on this law in the case of installations which serve the purpose of national defence, shall be determined by the Federal Government. Federal authorities are responsible. Unofficial table of contents

Section 60 Exceptions to national defence installations

(1) The Federal Ministry of Defence may, in individual cases, also for certain types of installations, exceptions to this Act and of the law based on this law, for installations pursuant to Section 3 (5) (1) and (3), which serve the defence of the country. Legal regulations allow, insofar as these require compelling reasons of defense or the fulfillment of intergovernmental obligations. Protection against adverse environmental effects shall be taken into account. (2) In the case of installations according to Article 3 (5) (2) of the Federal Armed Forces, the Bundeswehr may be subject to the provisions of this Regulation, which shall be designed solely for use in its area. Law and the legal regulations based on this law, insofar as this is absolutely necessary for the performance of their special tasks. The troops stationed in the Federal Republic of Germany under international law may, in the case of installations in accordance with Section 3 (5) (2), intended for use in the Federal Republic of Germany, be subject to the provisions of this Act and to the provisions of this Act, Law-based legal regulations differ in so far as this is absolutely necessary for the performance of their special tasks. Unofficial table of contents

Section 61 Reporting to the European Commission

According to the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety, the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety provides information on the implementation of Directive 2010 /75/EU, in particular on representative data on emissions and other types of pollution, emission limit values and to what extent the state of the art is being applied. The countries shall make this information available electronically. The nature and form of the information to be transmitted by the countries and the date of their transmission shall be determined in accordance with the requirements laid down in Article 72 (2) of Directive 2010 /75/EU. Section 5 (1), second sentence, (2) to (6) of the Act concerning the implementation of the Protocol on the Pollutant Release and Displacement Registers of 21 May 2003 and the implementation of Regulation (EC) No 166/2006 shall apply accordingly. Unofficial table of contents

§ 62 Administrative Offences

(1) Contrary to the law, those who intentionally or negligently act

1.: an installation without the authorisation pursuant to Article 4 (1),
2.: a enforceable order issued pursuant to paragraph 7 of this Article or a enforceable order issued pursuant to such a decree, in so far as the legal regulation refers to that fine for a particular offence;
3.: a fully-fledgable condition pursuant to § 8a (2) sentence 2 or § 12 (1) is not fulfilled, not correct, not complete or not in good time,
4.: the situation, nature or operation of a plant in need of approval has been substantially altered without the authorisation provided for in Article 16 (1);
5.: in accordance with § 17 (1) sentence 1 or 2, also in connection with paragraph 5, § 24 sentence 1, § 26, § 28 sentence 1 or § 29 not, not correct, not complete or not in good time,
6.: operate an installation against a fully-fledgable undersac in accordance with Article 25 (1),
7.: a legal order pursuant to sections 23, 32, 33 (1) (1) or (2), § 34, 35, 37, 38 (2), § 39 or § 48a (1), first sentence, or (2), (1a) or (3), or of a enforceable pursuant to such a regulation in so far as the legal regulation refers to this fine for a certain amount of the offence,
7a.: Contrary to the provisions of the second sentence of Article 38 (1), motor vehicles and their trailers, which are not permitted to transport on public roads, rail, air and water vehicles, as well as floating bodies and floating installations, do not operate in such a way that avoidable emissions are prevents and unavoidable emissions to a minimum, or
8.: shall set up a fixed installation in accordance with the provisions of Section 49 (1) (2) or of a enforceable order made pursuant to such a decree, in so far as the legal regulation for a specific case is applicable to such a case the amount of the fine,
9.: Contrary to the provisions of the first sentence of Article 37c (1) to the competent authority, the information referred to therein shall not be communicated, not correct, wholly or not in time, or shall not submit a copy of the contract with the third party in good time, or
10.: Contrary to Article 37c (1), fourth sentence, even in conjunction with sentence 5, or sentence 6, the competent authority does not correctly inform the information referred to in that paragraph,
11.: Contrary to § 37f (1) sentence 1, even in conjunction with a legal regulation pursuant to Section 37d (2), first sentence, point 14, the competent body does not submit a report, not correct, not complete or not in good time.

(2) The administrative offence shall also be responsible for the intentional or negligent conduct of such offences.

1.: Contrary to § 15 (1) or (3), it does not make an advertisement, not correct, not complete or not timely,
1a.: , contrary to Article 15 (2), second sentence, a change,
2.: Contrary to § 27 (1) sentence 1 in conjunction with a legal regulation pursuant to the first sentence of paragraph 4, a declaration of emission does not, not be correct, not complete or not timely, or not, not correct, not complete or not in good time ,
3.: Contrary to the first sentence of Article 31 (1), a summary or data referred to in the first sentence of paragraph 1 shall not be presented, not correct, in full or in good time,
3a.: Contrary to the first sentence of Article 31 (5), a communication does not make it correct, not complete or not in good time,
4.: Contrary to § 52 (2) sentence 1, 3 or 4, even in conjunction with the first sentence of the first sentence of paragraph 3 or the first sentence of the first sentence of paragraph 6, information is not provided, not correct, not complete or not given in time, a measure is not tolerated, documents are not submitted, not to withdraw or to be contrary to an obligation otherwise specified therein,
5.: Contrary to the second sentence of Article 52 (3), the removal of samples shall not be permitted
6.: an indication in accordance with § 67 (2) sentence 1 is not, not correct, not fully or not reimbursed in time, or
7.: , contrary to § 67 (2), second sentence, documents are not submitted, not correct, not complete or not in good time.

(3) Contrary to the law, who intentionally or negligently

1.

of a directly applicable provision in European Union legislative acts which are subject to the content of

a): in paragraph 1, points 1, 3, 4, 5, 6, 7a, 9 or 10, or
b): one in paragraph 2

where a legal regulation referred to in the second sentence of the second sentence refers to that fine, or

2.

of a directly applicable provision in European Union legislative acts which is in accordance with the content of a system to which the provisions referred to in points 2, 7 or 8 of paragraph 1 authorize, in so far as a regulation is applied in accordance with the provisions of the Sentence 2 refers to this fine for a certain amount of the offence.

The Federal Ministry for the Environment, Nature Conservation and Nuclear Safety is authorized, in so far as this is necessary for the enforcement of the acts of the European Union, to refer to the facts by means of a regulation with the consent of the Federal Council, (4) The administrative offence may, in the cases referred to in paragraphs 1 and 3 (1) (a) and (2), be subject to a fine of up to EUR 50 000 and, in the other cases, to a fine of up to EUR 50 000. (5) Administrative authority within the meaning of section 36 (1) (1) of the Code of Administrative Offences shall be the competent authority in the cases referred to in points 9 to 11 of paragraph 1. Unofficial table of contents

§ § 63 to 65 (omitted)

Eighth Part
Final provisions

Unofficial table of contents

Section 66 Continuation of provisions

(1) (2) Until the entry into force of corresponding legal regulations or general administrative provisions pursuant to this Act, the General Administrative Regulation for the Protection against Noise Emission Noise Emissions-of 19 August 1970 (supplement to the BAnz. No 160 of 1 September 1970). Unofficial table of contents

Section 67 Transitional provision

(1) A permit which has been granted before the entry into force of this Act pursuant to § 16 or § 25 (1) of the Industrial Code shall be deemed to have been approved under this Act. (2) An approved plant requiring approval at the date of entry into force of the Regulation. in accordance with Article 4 (1), sentence 3, or which has been substantially amended, or which has been initiated or has been substantially amended, the competent authority must, within a period of three months after the date of entry into force of the Regulation, be displayed if the installation is not in accordance with § 16 (1) or § 25 (1) of the commercial order has been in need of approval or has been indicated in accordance with Section 16 (4) of the Industrial Code. The competent authority shall, within a period of two months after the refund of the notification, shall be entitled to documents in accordance with Article 10 (1) on the nature, location, scope and mode of operation of the installation at the date of entry into force of the Regulation in accordance with Article 4 (1) sentence 3 (3) The obligation to notify referred to in paragraph 2 shall not apply to transportable installations which may be approved in the simplified procedure (§ 19). (4) Procedures which have already been initiated shall be laid down in accordance with the provisions of this Act and of the provisions of this Act (5) to the extent that the Law on the Implementation of the Industrial Emissions Directive of 8 April 2013 (BGBl. 734), new requirements have been laid down, these requirements of installations under the Industrial Emissions Directive will not be met until 7 January 2014, if before 7 January 2013.

1.: the plant was in operation, or
2.: a permit has been issued for the installation or a full application for authorisation has been submitted by the subcarrier.

Existing installations as defined in the first sentence, other than those set out in Annex I to Directive 2008 /1/EC of the European Parliament and of the Council of 15 January 2008 concerning integrated pollution prevention and control (OJ L 327, 30.11.2008, p. 8), as amended by Directive 2009 /31/EC (OJ L 327, 30.12.2009, p. 114) has been amended and, by way of derogation from the first sentence, it has to comply with the requirements set out therein from 7 July 2015. (6) A permit issued under this Act for an annex to the handling of

1.: genetically modified microorganisms,
2.: genetically modified cell cultures, unless they are intended to be regenerated to plants,
3.: components or metabolic products of micro-organisms as referred to in point 1 or cell cultures referred to in point 2, where they contain biologically active recombinant nucleic acid,

except for research purposes only, shall continue to apply after the entry into force of a law governing the regulation of genetic engineering. Paragraph 4 shall apply accordingly. (7) A plan determination or authorisation under the Waste Act shall continue as a permit under this Law. An asset that has been displayed in accordance with the Waste Act is considered to be in accordance with this Act. Waste disposal facilities which have not been either planned or approved under the Waste Act are to be notified immediately to the competent authority. The second sentence of paragraph 2 applies accordingly. (8) For the emission declarations to be issued for the year 1996, § 27 shall be in the case of the 14. (9) Construction authorisations for wind turbines with a total height of more than 50 metres, which have been granted by 1 July 2005, shall be deemed to be authorisations under this Act. Licences for wind farms issued under this Act shall be considered as authorisations for the individual wind turbines. Procedures for the granting of a building permit for wind turbines which have become legal before 1 July 2005 shall be adopted in accordance with the provisions of the Regulation on installations in need of approval and of Annex 1 to the Act on Environmental impact assessment completed in the previous version; in the case of the building permits issued in this connection, the first sentence shall apply accordingly. If a proceeding under sentence 3 is changed to an action for the granting of an authorisation under this Act, this amendment shall be deemed to be relevant. (10) § 47 (5a) shall apply to the procedures for the establishment or modification of air content plans in accordance with § § § 47 (5). 47, which were initiated after 25 June 2005. (11) For fuels which are placed on the market until 31 December 2014, § § 37a to 37f shall apply in the version valid on 31 December 2014. The further treatment of amounts of biofuel exceeding the minimum part for the calendar year 2014 and the calculation of which has been requested by the pledge in respect of the commitment year 2015 shall be determined exclusively by the date of 1 January 2015. rules in force. Unofficial table of contents

§ 67a for the purpose of establishing the unity of Germany

(1) In the area referred to in Article 3 of the agreement, an installation in need of approval, established before 1 July 1990 or commenced before that date, must be established within six months of the date on which it was established. The date of the competent authority shall be indicated. The indication shall be accompanied by a document of the nature, size and mode of operation. (2) In the area referred to in Article 3 of the agreement, the granting of a permit to establish and operate or to substantially alter the situation shall be: The nature or operation of a facility in need of approval shall not be failed because of the immission value being exceeded by the burden of immission, if:

1.: the additional burden is negligable and can be expected to be reduced significantly within five years from the date of approval, with a significant reduction in the immission load in the area of impact of the installation, or
2.: in connection with the project, installations are to be shut down or improved, thereby reducing the amount of the preload which is at least twice as large in annual appropriations as the additional burden caused by the new plant.

(3) As far as the Technical Instructions on Air Purpose of 27 February 1986 (GMBl. 95, 202) provide for the implementation of measures for the rehabilitation of old plants up to a certain date, the time limits for the area referred to in Article 3 of the agreement shall be extended by one year; the date on which the deadline shall begin shall be: of 1 July 1990. Unofficial table of contents

§ § 68 to 72 (amendment of legislation, transfer of references, repeal of regulations)

(amendment of legislation, transfer of references, repeal of rules) Unofficial table of contents

Section 73 Provisions on administrative procedures

It is not possible to deviate from the provisions of the administrative procedure laid down in this Act and under this Act by the law of the country. Unofficial table of contents

Annex (to § 3 (6))
Criteria for determining the state of the art

(Fundstelle: BGBl. I 2013, 1311)

In determining the state of the art, taking into account the proportionality between the effort and the usefulness of possible measures, as well as the principle of prevention and prevention, in each case in relation to installations of a given type, shall, in particular, take account of:

1.: Use of low-fall technology,
2.: the use of less dangerous substances,
3.: promote the recovery and recycling of the substances produced and used in the various processes and, where appropriate, the waste;
4.: comparable methods, devices and operating methods which have been tested with success in operation,
5.: progress in technology and in scientific knowledge,
6.: the nature, impact and quantity of the respective emissions;
7.: Time points for the entry into service of the new or existing installations,
8.: the time required for the introduction of a better available technology;
9.: the consumption of raw materials and the nature of the raw materials used in the various processes (including water) and energy efficiency;
10.: the need to avoid or reduce as far as possible the overall impact of emissions and the risks to humans and the environment,
11.: the need to prevent accidents and to reduce their impact on human beings and the environment;
12.: information published by international organisations,
13.: Information contained in BAT reference pages.

Law for the protection against harmful environmental effects caused by air pollution, noise, vibrations and similar processes

Original Language Title: Gesetz zum Schutz vor schädlichen Umwelteinwirkungen durch Luftverunreinigungen, Geräusche, Erschütterungen und ähnliche Vorgänge

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Law for the protection against harmful environmental effects caused by air pollution, noises, vibrations and similar processes (Bundes-Immissionsschutzgesetz-BImSchG)

Footnote

Content Summary

Part one General provisions

§ 1 Purpose of the Law

§ 2 Scope

§ 3 Definitions

Part two Construction and operation of plants

First section Installations in need of approval

§ 4 Approval

§ 5 Duties of the operators of equipment requiring approval

§ 6 Approval Requirements

Section 7 Legal regulations on requirements for installations requiring approval

§ 8 Subversion

Section 8a Admission of early start

§ 9 Presuming

§ 10 Approval Procedure

§ 11 Submissions of third parties in the case of partial approval and advance notice

§ 12 Rules for approval

§ 13 Approval and other official decisions

§ 14 Exclusion of private legal defence claims

Section 14a Simplified legal action

Section 15 Change of approval requirements

Section 16 Essential modification of approved plants

§ 17 Adoration of the Supplements

§ 18 Erasing of authorisation

Section 19 Simplified procedure

§ 20 Untersagung, Stilllegung und Elimination

Section 21 Revocation of authorisation

Second section Installations not in need of approval

Section 22 Duties of the operators of installations not requiring approval

Section 23 Requirements for the establishment, nature and operation of installations not requiring approval

Section 24 orders in individual cases

§ 25 Subsaation

Third Section Identification of emissions and immissions, safety tests

§ 26 Measures of special occasion

§ 27 Emissions declaration

§ 28 First-time and recurrent measurements of equipment requiring approval

§ 29 Continuous Measurements

§ 29a Order of safety tests

Section 29b Announcement of posts and experts

§ 30 Cost of measurements and safety tests

§ 31 Information requirements of the operator

Part Three Nature of plants, substances, products, fuels, fuels and lubricants; greenhouse gas reduction in fuels

First section Nature of plants, substances, products, fuels, fuels and lubricants

Section 32 Nature of installations

§ 33 Type approval

§ 34 Composition of fuel, fuels and lubricants

Section 35 Nature of substances and products

Section 36 Export

Section 37 Compliance with intergovernmental agreements and acts of the European Communities or of the European Union

Second section Greenhouse gas reduction in fuel

Section 37a Minimum share of biofuels in the total amount of fuel placed on the market; greenhouse gas reduction

Section 37b Definitions and creditability of biofuels

Section 37c Participation and discharge obligations

Section 37d Permanent body, legal regulations

§ 37e Fees and charges; Regulation empowerment

Section 37f Reports on fuels and energy products

§ 37g Report of the Federal Government

Fourth part Characteristics and operation of vehicles, construction and alteration of roads and railways

§ 38 Nature and operation of vehicles

Section 39 Fulfilment of intergovernmental agreements and acts of the European Communities or of the European Union

Section 40 Transport restrictions

Section 41 Roads and railways

§ 42 Compensation for noise protection measures

Section 43 Legal regulation of the Federal Government

Fifth Part Monitoring and improvement of air quality, air pollution planning, noise reduction plans

Section 44 Monitoring of air quality

Section 45 Improvement of air quality

§ 46 Emission inventories

Section 46a Information to the public

Section 47 Air recontent plans, plans for measures to be taken in the short term, national regulations

Sixth Part Noise reduction planning

Section 47a Scope of application of the Sixth Part

Section 47b Definitions

§ 47c Noise Cards

§ 47d Noise plans

Part one
General provisions

Part two
Construction and operation of plants

First section
Installations in need of approval

Second section
Installations not in need of approval

Third Section
Identification of emissions and immissions, safety tests

Part Three
Nature of plants, substances, products, fuels, fuels and lubricants; greenhouse gas reduction in fuels

First section
Nature of plants, substances, products, fuels, fuels and lubricants

Second section
Greenhouse gas reduction in fuel

Fourth part
Characteristics and operation of vehicles, construction and alteration of roads and railways

Fifth Part
Monitoring and improvement of air quality, air pollution planning, noise reduction plans

Sixth Part
Noise reduction planning

Seventh Part
Common rules

Eighth Part
Final provisions

Annex (to § 3 (6))
Criteria for determining the state of the art