Act For The Protection Against Harmful Environmental Impacts Caused By Air Pollutants, Noises, Vibrations, And Similar Operations

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

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Act to protect against harmful environmental effects caused by air pollution, noise, vibration and similar processes (Bundes-Immissionsschutzgesetz-BImSchG)

Non-official Table of Contents

BImSchG

Date of expiry: 15.03.1974

Full quote:

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

:Recaught by Bek. v. 17.5.2013 I 1274
Last modified by Art. 1 G v. 20.11.2014 I 1740

See Notes

Footnote

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

Non-official table of contents

Content Summary

First Part General Rules
§ 1Purpose of the law
§ 2Scope
§ 3
  Second part Establishment and operation of plants First section Approval requiring approval  
§ 4Approval
§ 5 Obligations of operators of approved plants
§ 6Approval requirements
§ 7Legal Regulations on Requirements for Appendixes
§ 8 Subapproval
§ 8aAdmitting premature start
§ 9 Vorbescheid
§ 10Approval Procedure
§ 11 Third party applications with partial approval and pre-notice
§ 12Subprovisions for approval
§ 13Approval and other regulatory decisions
§ 14Exclusion of defense claims
§ 14aSimplified class of charges
§ 15 Change approval requirements
§ 16Essential modification of approved assets
§ 17Nightful arrangements
§ 18Erasing the Approval
§ 19Simplified procedure
§ 20 Untersagung, quiesce and removal
§ 21Revocation of
Asset Non-Approval
§ 22 Obligations of operators of non-approved plants
§ 23Requirements for the establishment, nature and operation Assets not approved for approval
§ 24Case-by-case arrangements
§ 25 Untersagung
section Determination of emissions
and immissions, safety tests  
§ 26Measurements of special occasion
§ 27 Emission declaration
§ 28First-time and recurring measurements for approval in need of approval Assets
§ 29Continuous measurements
§ 29a ordering safety checks
§ 29bNotices and experts ' announcement
§ 30Cost of measurements and safety checks
§ 31Information on disclosure of the Operators
-party nature of installations,
substances, products, fuels,
fuels and lubricants;
greenhouse gas reduction In case of fuel, First section, properties of plants, materials,
products, fuels, fuels and lubricants width="100% "style=" border: none; ">§ 32Asset nature§ 33 Bauartzulassung§ 34Composition of fuels, fuels and lubricants § 35Composition of fabrics and products§ 36Export § 37Fulfilment of intergovernmental agreements and legal acts of the European Communities or the European     Second section Greenhouse gas reduction in fuels
§ 37aMinimum share of biofuels in the total amount of fuel placed on the market; greenhouse gas reduction
§ 37bDefinitions and creditability of biofuels
§ 37cPart-and Delivery obligations
§ 37dCompetent Authority, Legal Regulations
§ 37e Fees and outlays; Regulation empowerment
§ 37fPower and energy reports
§ 37gFederal Government
Vated part
and Operation of vehicles, construction and
modification of roads and rail
§ 38 Nature and Operation of Vehicles
§ 39Fulfilment of intergovernmental agreements and acts of the European Union Communities or the European Union
§ 40Traffic Restrictions
§ 41 Roads and rail paths
§ 42Compensation for soundproofing measures
§ 43Federal Government's Law Ordinance
Part Monitoring and Improvement of the
Air Quality, Air Quality
§ 44Monitoring of the Air Quality
§ 45Improvement of Air Quality
§ 46 Emission Cadastre
§ 46aPublic Information
§ 47 Air content plans, plans for measures to be taken in the short term, national
part of noise reduction planning  
§ 47aScope of the Sixth Part
§ 47bDefinitions
§ 47cNoise Cards
§ 47dNoise plans
§ 47eIncompetent authorities
§ 47fLegal
Seventh Part Common Rules  
§ 48Administrative regulations
§ 48a Legal ordinances on emission values and immission values
§ 48bBundestag participation in the adoption of Legal Regulations
§ 49Protection of certain areas
§ 50 Planning
§ 51Stakeholder Hearing
§ 51a Commission for Plant Safety
§ 51bEnsure delivery
§ 52Monitoring
§ 52aMonitoring Plans, Assets monitoring programs by the Industrial Emissions Policy
§ 52bOperating Organization notification obligations
§ 53 Order of an operational officer for immission protection
§ 54Tasks
§ 55Operator's duties
§ 56Opinion on decisions of the Operator
§ 57Lecture Law
§ 58 Disorder ban, dismissal protection
§ 58aOrder of an Incident Representative
§ 58bIncident officer tasks
§ 58cOperator's duties and rights the Incident Officer
§ 58dProhibition of deprivation of the incident officer, dismissal protection
§ 58eFacilitation of audited corporate locations
§ 59Asset responsibility country defence
§ 60Exceptions to national defence assets
§ 61 Reporting to the European Commission
§ 62Administrative Offences
§ § 63
to 65
(omitted)
Achter part final rules  
§ 66Rules Continuation
§ 67 Transitional rule
§ 67aThe transfer rule on the occasion of the production of the unit Germany
§ § 68
to 72
(amendment of legislation, transfer of referrals, repeal of regulations)
§ 73(omitted)
(to § 3 paragraph 6) Criteria for determining the state of the art

First part
General rules

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§ 1 Purpose of the law

(1) The purpose of this law is to: people, animals and plants, soil, water, atmosphere, and cultural and other materials against harmful environmental impacts and to prevent the emergence of harmful environmental effects.(2) In the case of installations in need of approval, this law also serves
-
of the integrated Prevention and reduction of harmful environmental impacts caused 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 hazards, major drawbacks, and significant nuisances that are brought about in other ways.
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§ 2 Scope

(1) The provisions of this law apply to
1.
the establishment and operation of assets,
2.
the production, placing on the market and introduction of plants, fuels and fuels, substances and products from substances in accordance with § § 32 to 37,
3.
the nature, equipment, operation and testing of motor vehicles and their trailers, and of rail, air and water vehicles, as well as swimming bodies and Floating installations according to § § 38 to 40 and
4.
the construction of public roads as well as of railways, magnetic levitation trains and trams in accordance with § § 41 up 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 equipment, Nuclear fuels and other radioactive substances which are subject to the provisions of the Atomic Energy Act or to a regulation adopted hereunder, in so far as it concerns the protection against the dangers of nuclear energy and the harmful effects of ionising Rays. Furthermore, they do not apply to the extent that the water legislation of the Federal Republic of Germany and the countries for the protection of water bodies or the provisions of the fertilizers and plant protection laws provides otherwise.(3) The provisions of this law on waste do not apply to
1.
Air Pollution,
2.
Floors at the place of origin (soils in situ), including non-hoist, contaminated soil and structures permanently connected to the soil,
3.
non-contaminated soil material and other naturally occurring materials, which are Construction work, provided that it is ensured that the materials in their natural state are used for construction purposes in the place where they were raised.
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§ 3 definitions

(1) Harmful environmental impacts within the meaning of this law are immissions that are appropriate to the nature, extent or duration of the risk, to bring about significant disadvantages or substantial annoyance to the general public or to the neighbourhood.(2) Immissions within the meaning of this Act are air pollutants, noises, shocks, 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 shall be the air pollution, noise, vibration, light, heat, radiation and similar phenomena emanating from an installation.(4) Air pollution within the meaning of this Act shall be subject to changes in the natural composition of the air, in particular by smoke, soot, dust, gases, aerosols, vapours or odorous substances.(5) Plants within the meaning of this Act are
1.
premises and other fixed assets. Equipment,
2.
Machines, equipment and other location-changing technical equipment and vehicles, insofar as they are not subject to the provision of § 38, and
3.
plots of land on which substances are stored or deposited or work 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 May 1999 on the subject of the directive are subject to the supervision of the operator. 1 December 1996 on the control of major-accident hazards involving dangerous substances (OJ L 327, 28.12.1996, p. EC 1997 No 13), as amended by Directive 2003 /105/EC of the European Parliament and of the Council of 16 June 2003. 1 December 2003 (OJ L 327, 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, the risks and activities referred to in Directive 96 /82/EC.(6) The state of the art within the meaning of 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 that: In order to achieve a generally high level of protection for the environment as a whole, plant safety, to ensure environmentally sound waste disposal or otherwise to prevent or reduce environmental impacts, can be displayed. In the determination of the state of the art, the criteria listed in the Appendix are to be taken into account in particular.(6a) For the purposes of this Act, the BVT information sheet is a document which is based on the exchange of information pursuant to Article 13 of Directive 2010 /75/EU of the European Parliament and of the Council of 24 June 2007 on the European Parliament and of the Council of the European Communities. November 2010 on industrial emissions (integrated pollution prevention and control) (recast version) (OJ C 327, 28.11.2010, 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 the techniques available and the BAT conclusions were taken into account.(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 contains the parts of a BAT information sheet containing the conclusions relating to: contains:
1.
the best available techniques, their description, and information to evaluate their Applicability,
2.
the emission values associated with the best available techniques,
3.
the monitoring measures associated with the numbers 1 and 2,
4.
the related items 1 and 2 Consumption values as well as
5.
the relevant site remediation measures.
(6c) Emission bandwidths in the sense of this law are the one with the best Available techniques associated emission values.(6d) The emission values associated with the best available techniques within the meaning of this Act shall be the range of emission values under normal operating conditions using best available technology or a combination of best available techniques, as described in the BAT conclusions, expressed as a mean value for a given period under specific reference conditions.(6e) Future techniques within the meaning 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 level of environmental protection; and could offer greater cost savings than the existing state of the art.(7) For the purposes of this Act, processing, processing or any other treatment shall be the same as the introduction within the meaning of this Act of the other misdeed within the scope of this Act.(8) Plants according to the Industrial Emissions Directive within the meaning of this Act are the assets identified in the legal regulation pursuant to § 4 (1) sentence 4.(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 June 2008. Regulation on the classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67 /548/EEC and 1999 /45/EC and amending Regulation (EC) No 1907/2006 (OJ L 327, 30.12.2006, p. 1), as last amended by Regulation (EC) No 286/2011 (OJ L 353, 31.12.2011, p. OJ L 83, 30.3.2011, 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 groundwater on the

Part
Installation and operation of assets

First section
Approval needy assets

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§ 4 Approval

(1) The establishment and operation of assets that are due to their nature or of their operations are particularly likely to cause adverse environmental effects or otherwise endanger the general public or the neighbourhood, harass or significantly harass or significantly harass them, as well as fixed Waste disposal facilities for the storage or treatment of waste require authorisation. 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 identified in the legal regulation referred to in the third sentence.(2) Mining equipment or parts thereof shall only require the authorisation referred to in paragraph 1 to the extent that they are established and operated on a day-to-day basis. 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 installations which are indispensable to Non-official table of contents

§ 5 Obligations of operators in need of approval in need of approval

(1) Equipment in need of approval must be constructed and to be installed in such a way that it is not , to ensure a high level of protection for the environment as a whole
1.
harmful Environmental impact and other hazards, significant disadvantages and significant nuisance to the general public and the neighbourhood cannot be caused;
2.
Pre-care against harmful environmental impacts and other hazards, significant disadvantages and significant annoyances, especially as a result of the state of the art appropriate measures;
3.
Waste avoided, waste not to be avoided, and waste not to be recycled without compromising the well-being of the general public ; waste shall not be avoided in so far as it is technically impossible or impossible to avoid; the prevention is inadmissible in so far as it leads to a more adverse environmental impact than the recovery; the recovery and Waste disposal is carried out in accordance with the rules of the German Circular Economy Act and the other regulations applicable to the waste;
4.
Energy-efficient and
(2) Where plants requiring approval are subject to the scope of the greenhouse gas emission trading law, requirements to limit emissions of greenhouse gases are only permitted in order to meet the requirements of the greenhouse gas emission trading scheme. the obligations laid down in paragraph 1 (1) shall ensure that no harmful environmental effects arise in the area of impact of the installation, except in respect of greenhouse gases produced for the activity in question in accordance with Annex 1 of the Greenhouse gas emissions trading law. 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 installation, no requirements may be imposed on these installations which shall be subject to the requirements of: Obligations that go beyond the greenhouse gas emissions trading law.(3) Equipment requiring approval shall be constructed, operated and decommissioned in such a way that, even after an operational setting,
1.
from the asset or plant base no harmful environmental impacts and other hazards, significant disadvantages and significant annoyances to the general public and the neighborhood,
2.
existing waste is properly and properly recovered or eliminated without compromising the well-being of the general public , and
3.
the recovery of a proper asset of the asset's property is guaranteed.
(4) Were after the 7. January 2013, due to the operation of a plant under the Industrial Emissions Directive, significant soil pollution or significant groundwater pollution caused by relevant hazardous substances compared to that in the report on the initial condition , the operator shall, after the establishment of the plant, be obliged to take measures to eliminate such pollution in order to place the plant base in that 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. Non-official table of contents

§ 6 Approval requirements

(1) The approval is to be granted if
1.
It is ensured that the legal decree issued pursuant to § 5 and a regulation pursuant to Section 7 of this Act , and
2.
other public-law provisions and concerns relating to the protection of workers from the establishment and operation of the installation are not fulfilled.
(2) In the case of installations which serve different operating modes or in which different substances are used (multi-purpose or multi-purpose installations), the authorisation shall be based on request for the different modes of operation and substances shall be extended 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 an administrative provision according to § 48 or a legal regulation according to § 48a are complied with, but if
1.
the project's immission contribution in compliance with Section 17 (3a) sentence 3 is clear and on the extent to which it is enforceable by subsequent arrangements according to Article 17 (1),
2.
further measures relating to air pollution control, in particular measures which: exceeding the state of the art in equipment to be re-erected,
3.
the applicant also has an immission management plan for the to reduce its polluter's share in order to achieve compliance with the requirements of § 5 (1) (1), and
4.
Do not require revocation of approval.
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§ 7 Legal regulations on requirements for approval requirements The

Government is authorized, after consultation of the parties concerned (§ 51) by means of a regulation with the consent of the Federal Council, to require that the construction, the condition, the operation, the condition Operating setting and the operator monitoring of equipment requiring approval to comply with the obligations arising from § 5 must satisfy certain requirements, in particular that
1.
the assets must meet certain technical requirements,
2.
The emissions from installations must not exceed certain limits,
2a.
the use of energy must meet certain requirements,
3.
The operators of installations have to carry out measurements of emissions and immissions according to procedures to be determined in more detail in the legal regulation or have them carried out.
4.
The operators of installations must carry out certain safety tests as well as certain tests of safety-related documents in accordance with
a)
during the establishment or otherwise before the Commissioning of the installation,
b)
after commissioning or modification as defined in § 15 or § 16,
c)
at regular intervals or
d)
at or after an operation setting,
by a In so far as such tests are not required by legal regulations in accordance with § 34 of the Product Safety Act, and
5.
the return to the initial state in accordance with § 5 paragraph 4 must comply with certain requirements, in particular with regard to the initial condition report and the Determination of the relevance of soil and groundwater pollution.
In determining the requirements, it is possible to take into account, in particular, possible relocations of adverse effects from one protection product to another; a high level of protection for the environment as a whole.(1a) After each publication of a BAT conclusion, it is immediately necessary to ensure that, in the case of installations under the Industrial Emissions Directive, the emission limit values referred to in point 2 of the first sentence of paragraph 1 shall be subject to emissions under normal conditions. Operating conditions shall not exceed the emission bandwidths referred to in the BAT conclusions. With respect to existing assets,
1.
is within a year after publication of BVT-Conclusions on the main activity to carry out a review and, where appropriate, adaptation of the legal regulation, and
2.
within four years of Publication of BAT conclusions on the main activity to ensure that the installations in question comply with the emission limit values laid down in the Regulation.
(1b) By way of derogation from paragraph 1a
1.
less stringent emission limits and deadlines can be set in the legal regulation if:
a)
because of technical characteristics of the affected plant type the application of the in the BVT conclusions , or
b)
in installations of the future, for a maximum period of nine months to be tested or applied, provided that the application of the technology concerned is completed after the fixed period of time, or where at least the emission bandwidths associated with the best available techniques are reached in the installation, or
2.
can be determined in the legal regulation that the competent authority may set less stringent emission limits and time limits if
a)
because of the technical characteristics of the affected systems, the application of the in the BVT conclusions , or
b)
is tested or applied in installations of the future for a maximum period of not more than nine months where, after the period laid down, the application of the technology concerned is terminated or at least the emission bandwidths associated with the best available techniques are reached in the installation
Sentence 2 shall remain unaffected. Emission limit values and emission limits 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 determine the extent to which the requirements laid down in paragraph 1 on the protection of harmful environmental effects after the expiry of certain transitional periods must be fulfilled, to the extent that the date of entry into force of the Regulation is applicable. the legal regulation has been subject to lesser requirements in a preliminary ruling or a permit. 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. shall be considered. Sentences 1 and 2 shall apply in accordance with installations which are to be reported in accordance with Article 67 (2) or § 67a (1) or which were to be notified before the entry into force of this Act pursuant to Section 16 (4) of the Industrial Code.(3) In so far as the legal regulation has laid down requirements 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 protection of harmful substances shall be determined. Environmental impacts may be dismissed. This shall apply only where technical measures in respect of installations of the operator or of third parties as a whole result in a further reduction in emissions of the same substances or substances comparable to those in their effect on the environment, than in the case of compliance with the the requirements laid down in paragraphs 1 and 2, and as a result of which the purpose referred to in Article 1 is promoted. 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. Neighbouring countries are located.(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, with the consent of the Bundesrat, with the consent of the Federal Council, requirements for the establishment, which shall be: Prescribe the nature and the operation, the operation of the plant and the operator's control of installations requiring approval. For installations in need of approval, which fall within the scope of Council Directive 1999 /31/EC of 26 June 1999 on the 1 April 1999 on the landfill of waste (OJ L 327, 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 for the provision of a security service, the decommissioning and the physical and technical expertise of the operator.(5) In view of the requirements of paragraph 1 (1) to (4), including in conjunction with paragraph 4, notices of expert opinion may be made available to all; in this case, style="font-weight:normal; font-style:normal; text-decoration:none; ">
1.
to specify the date of the notice in the legal decree and to specify the reference source exactly
2.
to publish the notice at the German Patent Office in an archive-based way and to point it out in the legal regulation.
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§ 8 partial approval

(1) An application should be approved for the construction of an installation or part of an installation, or for the erection and operation of a part of an asset, if
1.
is authorized Interest in granting partial approval,
2.
the approval requirements for the subject-matter requested for partial approval are available and
3.
a preliminary assessment shows that the establishment and operation of the whole installation do not obstruct any imbridled obstacles to the installation and operation of the plant.
() The binding effect of the preliminary overall assessment is no longer necessary if a change in the legal or legal situation or individual tests within the scope of subsequent partial authorisations is one of the provisional findings of the provisional assessment. Overall assessment will lead to a different assessment. Non-official table of contents

§ 8a Admitting premature start

(1) The approval authority shall be subject to a procedure for granting a permit. -provisionally allow the start of the installation, including the measures necessary to verify the operation of the installation, prior to the granting of the permit, if
1.
can be expected with a decision in favor of the claimant
2.
a public interest or a legitimate interest of the applicant on the early start and
3.
the applicant is committed to replacing all the damage caused by the installation of the plant until the decision is made and, if the project is not approved, the former Condition to be restored.
(2) The approval can 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 in order to ensure compliance with the applicant's obligations.(3) In a procedure for the granting of an authorisation in accordance with Article 16 (1), the approval authority may, subject to the conditions set out in paragraph 1, also provisionally allow the operation of the installation if the change in the performance of a product from the said installation is not the law or a legal regulation enacted pursuant to this Act. Non-official table of contents

§ 9 advance notice

(1) The application is to be submitted by advance notice of individual approval requirements as well as the location. the plant will be decided, provided that the effects of the planned plant can be adequately assessed and if there is a legitimate interest in the grant of a premodestal.(2) The advance notice shall be ineffective if the applicant does not apply for the authorisation within two years of the occurrence of the indisputable; the deadline may be extended on request up to four years.(3) The provisions of § § 6 and 21 shall apply mutatily. Non-official table of contents

§ 10 Approval Procedure

(1) The approval process requires 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. If the application is made in electronic form, the competent authority may require the documents to be submitted to the competent authority in writing, as well as the transmission of the documents to be annexed to the application.(1a) The applicant who intends to operate a plant in accordance with the Industrial Emissions Directive where relevant dangerous substances are used, produced or released shall report on the dossier referred to in paragraph 1. If and to the extent that soil or groundwater contamination is possible on the site of the plant by the relevant hazardous substances, it must be provided on the basis of the initial state. The possibility of pollution of the soil or groundwater shall 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 shall be marked and submitted separately. Their content must, as far as it can be done without the disclosure of the secret, be presented in such detail 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) If 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 in the area of the location of the installation. shall be made 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 available. 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,
1.
shall indicate where and when the application shall be made to: (a) the grant of the permit and the documents for inspection are interpreted;
2.
to invite any objections to be recorded in the case of a notice to be recorded in the contract notice. Place within the time limit of the application, indicating the legal consequences referred to in paragraph 3, sentence 5;
3.
to determine a date of discussion and to to point out that it is carried out on the basis of a discretionary decision by the approval authority in accordance with paragraph 6, and that the objections raised in the form are then also made in the absence of the applicant or of persons who have received objections. to be discussed;
4.
to point out that the notification of the decision on the objections will be replaced by public notice
(5) The authority responsible for issuing the authorisation (approval authority) shall obtain the opinions of the authorities whose remit is 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 by other means The approval authority shall ensure full coordination of the authorisation procedures and of the content and secondary provisions.(6) At the end of the application period, the approval authority may discuss the objections raised in good time against the project to the applicant and to those who have raised objections.(6a) The request for authorisation shall be decided upon receipt of the application and the documents to be submitted in accordance with the second sentence of paragraph 1 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 notification of approval shall be issued in writing, justified in writing and shall be notified 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. According to the public notice, the notice and its justification may be requested in writing until the expiry of the opposition period by the persons who have raised objections.(8a) Without prejudice to paragraphs 7 and 8, in the case of installations under the Industrial Emissions Directive, the following documents shall be made public on the Internet:
1.
the approval notice with the exception of the application documents and the baseline report, and
2.
the name of the BVT information sheet applicable to the particular installation.
If the approval certificate contains business or trade secrets, the appropriate Making points unrecognizable. The provisions of paragraphs 3, 5 and 6 shall apply accordingly.(9) Paragraphs 1 to 8 shall apply mutatily to the grant of a pre-modesty.(10) The Federal Government is empowered to regulate the authorisation procedure by means of a legal regulation with the consent of the Bundesrat; the legal regulation also allows the procedure for the granting of a permit under the simplified procedure (§ 19) as well as in the case of the German Federal Council. the granting of a pre-modest (§ 9), a partial approval (§ 8) and an admission early start (§ 8a) are regulated. 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) The 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, to approve the approval procedure for installations which are National defence shall, by way of derogation from paragraphs 1 to 9, be regulated. Non-official table of contents

§ 11 Third party applications with partial approval and pre-notification

Is a partial approval or an advance notice granted , after the entry into force of their indisputability under the further procedure for the approval of the establishment and operation of the installation, objections may no longer be raised on the basis of facts which have been submitted in due time in the preceding procedure. had been or may have been submitted in accordance with the documents laid down. Non-official table of contents

§ 12 Approval minor provisions

(1) The approval can be granted under conditions and subject to conditions insofar as is necessary to ensure compliance with the conditions of approval referred to in § 6. In order to ensure compliance with the requirements of § 5 (3), a safety performance shall also be imposed on waste disposal facilities within the meaning of the first sentence of section 4 (1) of this Regulation.(1a) In the event that the emission values of an administrative provision according to § 48 for certain emissions and plant types no longer correspond to the state of the art or an administrative provision according to § 48 for the particular plant type does not meet any requirements , in the setting of emission limits for installations under the Industrial Emissions Directive, it is necessary to ensure, under normal operating conditions, that emissions under normal operating conditions are those referred to in the BAT conclusions. Do not exceed emission bandwidths.(1b) By way of derogation from paragraph 1a, the competent authority may set less stringent emission limits if
1.
an evaluation shows that because of the technical characteristics of the system, the application of the emission bandwidths mentioned in the BAT conclusions would be disproportionate, or
2.
should be tested or applied in facilities for the future for a total period of not more than nine months, provided that, after the specified period of time, the the application of the technology concerned shall be terminated or at least the emission bandwidths associated with the best available techniques shall be obtained in the installation.
In the determination of the emission limits as set out in the first sentence, particular reference shall be made to: to take into account possible relocations of adverse effects from one protection product to another; a high level of protection for the environment as a whole should 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 be granted on request for a specific period. It may be granted with a reservation of revocation if the facility in need of approval is intended solely for testing purposes.(2a) The authorisation may, with the consent of the applicant, be granted subject to subsequent conditions, provided that sufficiently certain requirements already laid down in the approval of the establishment or the general conditions of the establishment or the the operation of the plant should be specified in more detail at a time after the grant of the permit. This shall also apply in the case where a participating authority does not express its views in good time.(2b) In the case referred to in paragraph 6 (2), the applicant shall be required by an obligation to inform the competent authority without delay of the first-time manufacture or use of another substance within the approved mode of operation.(2c) The operator may be obliged to notify the competent authority of the change in a waste disposal route as set out in the authorisation procedure. 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 the pollutant potential of the waste that has been accepted and of the waste leaving the plant.(3) The partial authorisation may be granted for a certain period of time or with the reservation that it may be revoked or subject to conditions until the decision has been taken on the authorisation. Non-official table of contents

§ 13 Approval and other regulatory decisions

The approval includes other regulatory authorities in the asset decisions, in particular public-law authorisations, authorisations, lending, permits and permits, with the exception of plan findings, authorisations of bergrechtlicher operational plans, official decisions on grounds of § 8 in conjunction with § 10 of the German Water Resources Act. Non-official table of contents

§ 14 Exclusion of private legal defense claims

On the basis of private law, not specific titles Claims to prevent adverse effects from a plot of land on an adjacent property may not be required for the establishment of a plant whose approval is indisputable; only provisions may be required; that 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. Non-official table of contents

§ 14a Simplified plea collection

The applicant may bring an administrative legal action if it has its own No decision has been taken after the expiry of three months since the date of consideration, unless a shorter time limit is required because of special circumstances of the case. Non-official table of contents

§ 15 Change approval in need of approval

(1) The change in the location, condition, or operation of an asset shall be notified to the competent authority in writing, at least one month before the amendment is to begin, if the change is to be made to the protected goods referred to in § 1 can be affected. 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 accordingly to an installation which is to be reported in accordance with § 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 Commercial Code.The competent authority shall, without delay and at the latest within one month of receipt of the notification and the documents required in accordance with the second sentence of paragraph 1, examine the need for a change to be made to the authorisation. 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 accordance with the documents referred to in paragraph 1.(3) Where the operator intends to stop the operation of an installation in need of approval, he shall immediately notify the competent authority accordingly, indicating the timing of the competent authority's position. The notification shall be accompanied by documents relating to the measures provided for by the operator in order to comply with the obligations arising out of Article 5 (3) and (4). The rates 1 and 2 shall apply in respect of the installations referred to in the fifth sentence of paragraph 1.(4) The legal regulation referred to in Article 10 (10) may lay down detailed rules for the procedure referred to in paragraphs 1 to 3. Non-official table of contents

§ 16 Essential change in approved assets

(1) The change in location, nature or operation a facility requiring approval shall be subject to approval if the change is likely to cause adverse effects and may be significant for the examination referred to in Article 6 (1) (1) (substantial change); a permit shall always be necessary if the modification or extension of the operation of a facility in need of approval shall, in itself, reach the limits or sizes of the Annex to the Regulation on installations in need of approval. A permit 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 depart from the public notice of the project as well as the interpretation of the application and the documents if the institution of the project so requests and has significant adverse effects on the application referred to in Article 1 of this Directive. Protective goods are not to be provided. 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 low in relation to the comparable advantages in each case. . 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, the second sentence of Article 10 (6a) and the third sentence shall apply accordingly.(4) For changes in accordance with § 15 (1), the institution of the project may apply for a permit. This is to be granted in the simplified procedure; paragraph 3 and Article 19 (3) shall apply accordingly.(5) A permit shall not be required if an approved plant or parts of an approved plant are to be replaced or replaced within the framework of the authorisation granted. Non-official table of contents

§ 17 Admitive orders

(1) In order to comply with the provisions of this Act and the provisions adopted pursuant to this Act. Legal regulations may be made after the granting of the authorisation and in accordance with a modification indicated in section 15 (1) of the Regulation. Where, 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 insufficient from harmful environmental effects or other hazards, significant disadvantages, or significant nuisances, the competent authority shall be required to take ex post arrangements.(1a) In the case of installations under the Industrial Emissions Directive, the draft order shall be made public prior to the adoption of a subsequent arrangement referred to in the second sentence of paragraph 1 by which emission limits are to be redefined. 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 mutas to the decision on the adoption of a retrospective order.(2) The competent authority may not make a subsequent arrangement if it is disproportionate, in particular if the expenditure associated with the performance of the order is disproportionate to the success of the order; in doing so shall, in particular, take account of the nature, quantity and hazards of the emissions from the installation and of the immissions it has caused, as well as the useful life and 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) ,(2a) Article 12 (1a) shall apply mutatily to installations under the Industrial Emissions Directive.(2b) By way of derogation from paragraph 2a, the competent authority may set less stringent emission limits if
1.
because of the technical characteristics of the system, the application of the emission bandwidths mentioned in the BAT conclusions would be disproportionate and the authority justifies this or
2.
should be tested or applied in facilities for the future for a total period of not more than nine months, provided that, after the specified period of time, the The application of the technology concerned shall be terminated or at least the emission bandwidths associated with the best available techniques shall be reached in the installation.
§ 12 (1b), second sentence, and 3 shall apply accordingly. Paragraph 1a shall apply accordingly.(3) In so far as the requirements of § 5 (1) (2) are finally established by means of a legal regulation, further requirements for the provision of protection against harmful environmental effects shall not be made by subsequent orders.(3a) The competent authority shall depart from ex post arrangements to the extent that, in a plan submitted by the operator, technical measures are provided for the installations or installations of third parties, which will result in a further reduction in the number of Emission rates shall be the sum of the reductions resulting from the enactments of subsequent orders for the performance of the obligations arising out of this Act or of the legal regulations issued pursuant to this Act. It would be possible to achieve the objective mentioned in paragraph 1 above. This shall not apply in so far as the operator is already obliged to reduce the emissions due to a subsequent arrangement pursuant to paragraph 1 or a requirement pursuant to § 12 paragraph 1 or a subsequent arrangement pursuant to paragraph 1 sentence 2 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 the requirements of Section 5 (1) (2) are laid down in a pre-notification or a partial authorisation. The implementation of the measures of the plan shall be ensured by order.(4) If, in order to fulfil the order, it is necessary to substantially change the situation, the nature or the operation of the installation, and if it is not finally determined in the order in which way it is to be complied with, the change in the Approval pursuant to § 16.(4a) In order to fulfil the obligations laid down in § 5 (3), a safety performance shall also be arranged in the case of waste disposal facilities within the meaning of § 4 (1) sentence 1. After the entire holding has been set up, orders for the fulfilment of the obligations arising from § 5 (3) may only be taken for a period of one year.(4b) Requirements within the meaning of Section 12 (2c) may also be arranged subsequently.(5) Paragraphs 1 to 4b shall apply mutatily to installations which are to be reported in accordance with Article 67 (2) or before the entry into force of this Act pursuant to Section 16 (4) of the Commercial Code. unofficial table of contents

§ 18 Erdelete approval

(1) The approval is extinguished if
1.
within a reasonable time set by the approval authority not with the establishment or commenced operation of the asset or
2.
no longer operated during a period of more than three years
.(2) The authorisation shall also be terminated as far as the approval requirement is repealed.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. Non-official table of contents

§ 19 Simplified procedure

(1) By means of a legal regulation in accordance with § 4 paragraph 1 sentence 3, it may be required that the Approval of installations of a certain type or size shall be granted under a simplified procedure, provided that this is significant in the nature, extent and duration of the adverse environmental effects and other hazards caused by those installations, Disadvantages and major nuisances are compatible with the protection of the general public and the neighbourhood. The first sentence shall apply in respect of waste disposal facilities.(2) In the simplified procedure, § 10 (2), (3), (4), (6), (7), (2) and (3), (8) and (9) and § § 11 and 14 shall not be applied.(3) By way of derogation from paragraphs 1 and 2, the authorisation shall not be granted in a simplified procedure at the request of the institution of the project. Non-official table of contents

§ 20 Submission, decommissioning, and disposal

(1) The operator of an installation requiring approval shall be subject to a requirement, in accordance with § 7, a fully-erable retrospective arrangement or a final obligation arising from a legal regulation in accordance with § 7 shall not affect the condition, the arrangement or the duty of the condition or the operation of the installation, the competent authority shall prohibit the holding, in whole or in part, up to the fulfilment of the obligation, the order or the obligations arising from the legal 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, Endangering the environment.The competent authority shall have the entry into service or continuation of an installation in need of approval, which is an operating area or part of an operating area and is intended for commercial purposes, or which is used in the context of economic activities. shall, in whole or in part, be prevented 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 insufficient. 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 provisions of a regulation adopted in order to implement Directive 96 /82/EC Communications, reports or other information shall not be transmitted in due time.(2) The competent authority shall order that an installation which is constructed, operated or substantially modified without the necessary authorisation is to be shut down or disposed of. It shall order the removal if the general public or the neighbourhood cannot be adequately protected in other ways.The competent authority may prohibit the continued operation of an installation in need of approval by the operator or a representative with the management of the holding, if there are facts which relate to the unreliability of those persons in relation to: to comply with legislation to protect against harmful environmental effects and to be underserved 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

§ 21 Revocation of approval

(1) A lawful permission granted under this Act may be approved, even after has become indisputable, completely or partially with effect for the future, only to be revoked,
1.
if the revocation is reserved according to § 12 Paragraph 2 sentence 2 or paragraph 3;
2.
if approved is subject to an obligation and the beneficiary has not, or has not fulfilled, within a time limit set by it;
3.
if the approval authority is based on the would be entitled to not grant the authorisation, and if, without the revocation, the public interest would be jeopardised;
4.
if the authorisation authority would be entitled, on the basis of amended legislation, not to grant the authorisation to the extent that the operator has not yet made use of the authorisation, and if, without the revocation, the public interest is at risk
5.
to prevent or eliminate serious disadvantages for the common good.
(2) Note that the approval authority is aware of the facts of the revocation. of an authorisation, the revocation shall be admissible only within one year from the date of the date of the information.(3) The revocable authorisation shall become ineffective with the effect of revocation if the approval authority does not determine a later date.(4) Where the authorisation is withdrawn in the cases referred to in points 3 to 5 of paragraph 1, the approval authority shall indemnily compensate the person concerned on application for the asset disadvantage which the person concerned suffers from the fact that he has been subject to the authorisation , as 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) Countries may, by way of derogation, determine the determination of the compensation subject to be determined in the first sentence of paragraph 4.(6) For disputes concerning compensation, the proper legal path shall be given.(7) Paragraphs 1 to 6 shall not apply where an authorization which has been challenged by a third party is repealed during the preliminary proceedings or during the administrative proceedings, in so far as it does so to the contrary or to the action of the proceedings.

Second Section
Non-Approval Assets

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§ 22 Obligations of the operators of plants not requiring approval

(1) Non-approval systems must be constructed and operated in such a way that
1.
prevents harmful environmental impacts that can be preventable according to the state of the art
2.
Unavoidable harmful environmental effects according to the state of the art are limited to a minimum and
3.
The waste generated during the operation of the plants can be properly disposed of.
The Federal Government is authorized, after consultation of the parties concerned (§ 51), by Ordinance with the consent of the Federal Council, on the basis of the nature or quantity of all or individual waste of waste, to determine the installations for which the requirements of Section 5 (1) point 3 apply accordingly. 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 the first sentence shall apply only to the extent to which they are intended to prevent or restrict harmful environmental effects by: Air pollution, noises or non-ionizing radiation emitted from radio equipment is directed.(1a) Noise effects caused by children's day-care facilities, children's playgrounds and similar facilities, such as children's ball playgrounds, are generally not harmful to the environment. In the assessment of the noise effects, emission limit values and indicative values shall not be used.(2) Further public-law provisions shall remain unaffected. Non-official table of contents

§ 23 Requirements for the establishment, nature and operation of assets not approved for approval

(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 legal regulation, that the establishment, nature and operation of installations not in need of approval are determined by the Federal Council. the requirements for the protection of the general public and the neighbourhood against adverse 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 , in particular, to prevent major accidents within the meaning of Article 3 (5) of Directive 96 /82/EC, and to limit the effects of such accidents on man and the environment, and on the prevention of such accidents, harmful environmental impacts, in particular that
1.
the plants to certain technical requirements,
2.
the emissions from installations do not exceed certain limits ,
3.
The operators of installations shall carry out measurements of emissions and immissions according to procedures to be determined in accordance with the provisions of the regulation or from a body to be determined in the regulation,
4.
the operators of certain installations of the competent authority immediately notify the installation or modification of an installation which may be of importance for the performance of obligations laid down in the regulation,
4a.
the operators of installations that are operating areas or components of operating ranges, within a reasonable period of time before installation, before commissioning or before any modification of such installations, which may be relevant for the performance of obligations laid down in the Regulation, shall have to be notified to the competent authority and
5.
specific plants may only be operated after the certificate of an expert announced by the competent authority according to the country's law , the Annex shall comply with the requirements of the Regulation or a type-approval pursuant to § 33.
In the legal regulation referred to in the first sentence, it is also possible to determine the requirements to which experts shall be responsible in respect of their Technical customer, reliability and equipment must be sufficient. In accordance with Article 7 (5), the requirements set out in points 1 to 3 of the first sentence shall apply.(1a) In the case of certain installations which are not in need of approval, the regulation referred to in paragraph 1 may stipulate that, at the request of the institution of the project, a procedure for the granting of a permit pursuant to Article 4 (1), first sentence, in conjunction with § 6 shall be carried out. 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 mutas to the procedure.(2) In so far as 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 regulation of the law. The state governments can transfer the empowerment to one or more supreme state authorities. Non-official table of contents

§ 24 orders on a case-by-case basis

The competent authority may, on a case-by-case basis, be responsible for the implementation of § 22 and the Law-based orders meet required orders. 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. Non-official table of contents

§ 25 Untersagung

(1) The operator of an asset of a fully-enforceable official order pursuant to § 24 sentence 1 does not come into effect. , the competent authority may prohibit the operation of the installation, in whole or in part, until the order has been fulfilled.The competent authority shall have the entry into service or continuation of an installation which is not subject to approval, which is an operating area or part of an operating area and is intended for commercial purposes or in the context of economic activities. Use shall be made, in whole or in part, for 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 used. 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 legislative decree adopted pursuant to Directive 96 /82/EC Communications, reports or other information shall not be transmitted in due time.(2) If the adverse environmental effects caused by an installation endanger the life or health of humans or significant property values, the competent authority shall, in whole or in part, establish or operate the plant. to the extent that the general public or the neighborhood cannot be adequately protected in other ways.

Third section
Identification of emissions and immissions, safety technology Audits

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§ 26 Measurements of special occasion

The competent authority may order that the 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 area of impact of the installation by one of the following: may be identified by the competent authority of a country where it is to be feared that adverse environmental effects will be caused by the plant. 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. Non-official table of contents

§ 27 Emissions declaration

(1) The operator of a facility requiring approval is obliged to do so by the competent authority , within a time limit to be set by it or the date fixed in the regulation referred to in paragraph 4, of the nature, quantity, spatial and temporal distribution of the air pollution from the installation in a given the issuing conditions (emission declaration); it shall supplement the emission declaration in accordance with the legal regulation referred to in paragraph 4, in accordance with the latest state of the art. Section 52 (5) shall apply mutatily. The first sentence shall not apply to operators of installations, of which air pollution can only be limited to a limited extent.(2) § § 93, 97, 105 (1), § 111 (5) in conjunction with § 105 (1) and § 116 (1) of the Tax Code shall not be applied to the knowledge and documents obtained in accordance with paragraph 1. 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 of the party responsible for the information or the persons working for him/her.(3) The content of the emission declaration is to be announced to third parties upon 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 emission declaration which allow conclusions to be drawn on operational or business secrets.(4) The Federal Government is empowered to, by means of a regulation with the consent of the Federal Council, the content, scope, form and time of delivery of the emission declaration, the procedure to be followed in the determination of the emissions and the period within which the Federal Government is responsible. which is to be supplemented by the emission declaration. 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 authority in accordance with national law. To the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety at a specified time, provide emission data which can be taken from the emission declarations. Non-official table of contents

§ 28 First-time and recurring measurements for assets requiring approval

The competent authority may Installations requiring approval
1.
after the entry into service or a change within the meaning of § 15 or § 16 and then
2.
after the expiration of a period of three years in each case
arrangements according to § 26 even 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

(1) The competent authority may order, in the case of approved assets, that instead of are continuously determined by means of individual measurements according to § 26 or § 28 or in addition to such measurements, certain emissions or immissions using recording measuring instruments. 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, to the extent that they exceed those laid down in the legislation, or arrangements may not be excluded according to the type of installation.The competent authority may order, in the case of installations not in need of approval, in so far as section 22 applies, that, instead of individual measurements in accordance with § 26, or in addition to such measurements, certain emissions or immissions may be used, using recording equipment. Measurement equipment shall be continuously determined if it is necessary to determine whether the plant is causing adverse environmental effects. Non-official table of contents

§ 29a Order of security checks

(1) The competent authority may order that the operator of a plant or plant in need of approval within an operational area in accordance with Article 3 (5a) and one of the experts notified 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 § 13a of the Commercial Code, wish to carry out their commercial activities on a temporary and occasional basis in the national territory, in so far as a special expertise in the field of safety-related tests is demonstrated. The competent authority shall have the power to prescribe details of the nature and extent of the safety tests and of the presentation of the outcome of the examination.(2) Exams can be ordered
1.
for a time during the installation or before the Commissioning of the asset,
2.
for a time after it is put into operation,
3.
in regular intervals,
4.
in the case of an operating setting or
5.
if clues for certain safety-related requirements are not fulfilled.
Sentence 1 shall apply in the event of a change in the sense 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; it shall submit these results without delay, provided that this is used to repel current Hazards are required. Non-official table of contents

§ 29b announcement of bodies and experts

(1) The announcement of posts within the meaning of § 26, of places in the sense of a legal regulation adopted pursuant to this Act or by experts within the meaning of Section 29a by the competent authority of a country shall have the right to the notified bodies and experts designated in the notification to carry out investigations or inspections at the request of a plant operator.(2) The announcement shall require a request from the competent authority of the country. It shall be granted if the applicant or the applicant has the necessary technical expertise, 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 civil liability.(3) The Federal Government is authorized, after consultation of the parties concerned (§ 51), by means of a regulation with the consent of the Federal Council, requirements for the notification of posts and experts as well as to the notified bodies and Experts to regulate. In the legal regulation according to sentence 1 in particular,
1.
Requirements for equivalence cannot be domestic recognitions and evidence,
2.
requirements for the procedure of disclosure and its cancellation are determined,
3.
Requirements for the content of the announcement are determined, in particular that it can be provided with secondary provisions and can be granted for the entire federal territory,
4.
Requirements for the organization form of the places to be announced are determined
5.
Requirements to the structure used by the experts to perform their tasks,
6.
Requirements for technical expertise, reliability, independence and equipment of the bodies and experts to be known,
7.
Obligations of the notified bodies and experts
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§ 30 Cost of measurements and safety checks

The cost of the Investigations of emissions and immissions as well as for the safety tests shall be carried out by the operator of the plant. In the case of installations not in need of approval, the operator shall bear the costs of investigations in accordance with § 26 or § 29 (2) only if the investigation results in that
1.
Editions or orders under the provisions of this law or the legal regulations based on this law have not been fulfilled or
2.
Regulations or editions required under this law or the legal regulations based on this law.
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§ 31 disclosure requirements of the operator

(1) The operator of an installation according to the Industrial Emissions Directive has the following provisions in accordance with the subsidiary provisions of the approval or, on the basis of legal regulations, to submit annually to the competent authority the following:
1.
a summary of the results of the emission monitor,
2.
other data that is required in order to verify compliance with the approval requirements in accordance with Section 6 (1) (1).
The obligation set out in the first sentence does not exist to the extent that the required information is to be provided by the competent authority already 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 arrangement 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. BVT conclusions to allow emission bandwidths.(2) The operator of an installation under the Industrial Emissions Directive may be required by the competent authority to transmit those data, the transmission of which is subject to an implementing act in accordance with Article 72 (2) of the Directive. 2010 /75/EU is required and which is required to fulfil the reporting obligation pursuant to § 61, to the extent that such data are not already present on the basis of other regulations with the competent authority. § 3 (1), second sentence, and § 5 (2) to (6) of the Act concerning the implementation of the Protocol on the Pollutant Release and Displacement Registers of 21 June 2000. May 2003 and the implementation of Regulation (EC) No 166/2006 of 6 May 2006. June 2007 (BGBl. 1002) shall apply accordingly.(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 thereof.(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, insofar as it does not already have to do so in accordance with Section 4 of the Environmental Damage Act, or in accordance with § 19 of the Accident Investigation.(5) The operator of the plant shall inform the competent authority on request of the results of an investigation pursuant to § 26, § 28 or § 29 and shall keep the records of the measuring instruments according to § 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 which 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; for state authorities, the state-of-the-art Rules.

Third

of the
Equipment, Materials, Products, Fuel, Fuel and Lubricants; Greenhouse Gas Mitigation Mitigation

First section
properties of plants, fabrics, products, fuels, fuels and lubricants

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§ 32 Nature of assets

(1) The Federal Government is authorized, after consultation of the parties concerned (§ 51), by means of a legal regulation with the consent of the The Federal Council shall prescribe that parts of premises and other fixed installations produced as standard, as well as the installations referred to in Article 3 (5) (2) and parts produced as standard for this purpose, are either commercially or within the scope of the of economic undertakings may be placed on the market or imported only if they meet certain requirements for protection against adverse environmental effects caused by air pollution, noise, vibration or non-ionising effects Radiation is sufficient. In particular, the legal regulations referred to in the first sentence of the first sentence may require that
1.
emissions of the Installations or parts produced as standard may not exceed certain values,
2.
the installations or parts manufactured as standard parts In accordance with the provisions of the second paragraph of the second subparagraph,
emission limit values set out in point 1 of the second sentence may also be fixed for a period after the entry into force of the Regulation. In view of the requirements laid down in sentences 1 to 3, Article 7 (4) shall apply mutatily.(2) A legal regulation may also require that the installations or parts produced as standard may be placed on the market or imported only on the market or in the framework of economic undertakings if they have: Information on the level of their emissions is indicated. Non-official table of contents

§ 33 Type approval

(1) The Federal Government is empowered to protect against harmful environmental impacts and to protect the environment. Preventive action against harmful environmental effects after consultation of the parties concerned (§ 51) by means of a legal regulation with the consent of the Bundesrat
1.
to determine that installations or certain parts of such plants referred to in Section 3 (5) (1) or (2) are generally approved after a type-examination and that the Type-approval requirements for installation and operation may be imposed;
2.
prescribable that certain equipment produced as standard or intended for this purpose shall be subject to the following conditions: parts manufactured as standard may be placed on the market only if the design of the installation or part of the part is generally approved and the installation or part of the approved model ;
3.
to regulate the method of type approval;
4.
to determine which Fees and expenses for the type-approval are to be paid; the fees shall be charged only to cover the personnel and material costs associated with the audits, and in particular the cost of the experts, the test facilities and for the development of appropriate testing methods and for the exchange of experience; it may be determined that a fee may also be levied for an examination which has not been started or which has not been completed, where the The reasons for this are to be found by the person who initiated the examination; the amount of the fee rates depends on the number of hours an expert has on average for the various tests of the particular type of plant ; in accordance with the provisions of the Law on Legal Affairs, the cost exemption, the cost creditor, the cost indemity, the extent of the expenses to be reimburzed, and the cost increase may vary from the provisions of the Administrative Costing Act of 23. June 1970 (BGBl.
)
approval of the design may only be subject to the fulfilment of the requirements specified in § 32 (1) and (2) or in other legislation, as well as proof of the level of the emissions of the installation or of the part. Non-official table of contents

§ 34 Nature of fuels, fuels and lubricants

(1) The Federal Government is authorized to: Consultation of the parties concerned (§ 51) by means of a regulation with the consent of the Federal Council to prescribe that fuels, fuels, lubricants or additives to these substances are only commercially available or within the scope of economic activities only shall be manufactured, placed on the market or put into circulation if they meet certain requirements for protection against adverse environmental effects caused by air pollution. In the legal regulations according to sentence 1, it may in particular be determined that
1.
Natural ingredients or additives of fuels, fuels or lubricants as set out in the first sentence, which are used in the intended use of fuels, fuels, Lubricants or additives causing air pollution, or obstructing the control of air pollution, shall not be added or may not exceed a certain maximum content,
1a.
Additives to fuels, fuels, or lubricants certain substances that cause air pollution or hinder the control of air pollution, may not be included, or may be contained only in particular composition,
2.
fuels, fuels or lubricants as defined in the first sentence, contain certain additives , which limits the development of air pollution,
3.
fuels, fuels, lubricants or additives as set out in the first sentence of for certain treatment, which limits the development of air pollution,
4.
the one who is commercial or in the Framework of economic activities produces, introduces or otherwise spends liquid fuels, fuels, lubricants or additives into the scope of this law, the competent authority of the Federal Republic of Germany
a)
Additives to liquid fuels, fuels, or lubricants used in their chemical Composition of elements other than carbon, hydrogen and oxygen has to be displayed, and
b)
details of the nature and the used The quantity and the potential adverse environmental effects of the additives and their combustion products must be made.
in accordance with the second sentence may, taking into account the technical development, also apply for a period after: The entry into force of the legal regulations shall be fixed. In view of the requirements laid down in sentences 1 to 3, Article 7 (5) shall apply mutatily.(2) The Federal Government is authorized to prescribe, with the consent of the Federal Council, by means of a legal regulation,
1.
that the import of fuels, fuels, lubricants or additives for the requirements laid down in the first sentence of paragraph 1 has been set, a written declaration of the Manufacturer of fuels, fuels, lubricants or additives to be submitted to the customs services until the first place of destination of the consignment and available until the departure of the consignment from the first destination
2.
that the importer has to take this statement about his business papers,
3.
what information about the nature of the fuels, fuels, lubricants, or additives must contain the written declaration,
4.
that fuels, fuels, lubricants or additives referred to in paragraph 1, sentence 1, which are included in the scope of this law, except in customs exclusions, at the the transfer from the importer to the competent authorities of the place of destination is to be reported,
5.
that in the storage of fuels, fuels, lubricants or In addition, in accordance with the first sentence of paragraph 1, the fuel, fuel, lubricants or additives suppliers referred to in the first sentence of paragraph 1 shall be supplied
6.
that the person who sells substances or additives according to the first sentence of paragraph 1, commercially or in the course of economic activities to the consumer, is clearly visible and easy to use can be read with information about certain properties and
7.
that the one of the substances or additives referred to in the first sentence of paragraph 1 is commercially available or within the scope of the (
)
Federal Government is authorized, after consulting the parties concerned (§ 51), to inform the Federal Government of its activities (§ 51). Legal regulation, with the consent of the Federal Council, prescribing that, in order to avoid damage to vehicles, those who place fuels on the market or in the course of economic activities can be obliged to do so, including fuel with certain characteristics, in particular with maximum levels of oxygen and biofuel which are not to be exceeded, to be placed on the market. 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 The information shall be referred to in points 6 and 7 of paragraph 2.(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 place fuels on the market shall, on a yearly basis, the following data of the provisions of the Law to determine the federal authority to be determined:
a)
the total quantity of the respective type of supplied Fuel, indicating the type of work and the origin of the fuel and
b)
the life-cycle greenhouse gas emissions per unit of energy.
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§ 35 Nature of substances and products

(1) The Federal Government is authorized, after consulting the parties concerned, to (§ 51) by means of a regulation with the consent of the Federal Council to prescribe that certain substances or products of substances which are suitable for their intended use or in the case of incineration for the purpose of disposal or the recovery of individual constituents may cause adverse environmental effects caused by air pollution, whether manufactured, imported or otherwise placed on the market in commercial undertakings or in the context of economic activities, if they meet the requirements of 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 be fixed for a time after the entry into force of the Regulation, taking account of technical developments. In view of the requirements laid down in paragraph 1 and in the first sentence of paragraph 2, Article 7 (5) shall apply mutas(3) Where this is compatible with the protection of the general public against adverse environmental effects caused by air pollution, the legal regulation referred to in paragraph 1 may replace the requirements relating to the composition and production process. require that substances and products are clearly visible and easily legible with reference to the fact that, when they are used in their intended use or in the course of their incineration, harmful environmental effects may arise; or that harmful environmental effects can be avoided in a particular type of use. Non-official table of contents

§ 36 Export

The legal regulations in accordance with § § 32 to 35 may stipulate that the regulations governing the Manufacture, introduction and placing on the market shall not apply to installations, substances, products, fuels and fuels intended for delivery to areas outside the scope of this Law. Non-official table of contents

§ 37 fulfillment of intergovernmental agreements and legal acts of the European Communities or the European Communities 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 Article 1, by means of a legal regulation With the consent of the Federal Council, it shall determine that plants, substances, products, fuels or fuels may only be placed on the market for commercial purposes or within the framework of economic undertakings, if they are subject to the conditions laid down in § § 32 to 35 meet certain 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, to the extent that it is subject to the supervision of the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety. name="BJNR007210974BJNG011202116 " />

Second Section
Greenhouse Gas Mitigation for fuels

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

(1) Anyone who is responsible for commercial or economic activities in accordance with Article 2 (1) (1) and (4) of the Energy Taxation Act (Energy Tax Act) for the placing on the market of taxable petrol or diesel fuels shall ensure that the requirements set out in paragraphs 3 and 4 are complied with for the whole quantity of fuel placed on the market during the course of a calendar year (commitment year). 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 purposes of defence or the fulfilment of intergovernmental obligations shall not be considered as placing on the market within the meaning of sentences 1 and 2. This also applies to the acquisition by the Bundeswehr of fossil petrol and fossil diesel fuel 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 sentences 1 and 2. This also applies to the supply of fuel in the cases referred to in the sixth sentence in the framework of delegations pursuant to Section 7 (1) of the Petroleum Regulation Act by members of the oil supply association or third parties as well as for subsequent charges. The supply of compensatory quantities to underserved companies for the compensation of supply within the meaning of Article 1 (1) of the Mineral Oil Compensatory regulation of 13. December 1985 (BGBl. 2267), as last amended by 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 sentences 1 and 2. The placing on the market within the meaning of the first and second sentences shall also not apply if the oil supply association delivers fuel from its own property and the supply is not subject to return delivery at the place of delivery or purchases petroleum products for that purpose, which do not fall under the rule of sentence 1. The rate of charge 9 shall also apply to the subsequent duties of the fuel.(2) The commitment referred to in the first and second sentences of paragraph 1 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 make a commitment. In the cases referred to in Article 22 (1) of the Energy Tax Act, the person acting alone shall be deemed to be the committed person within the meaning of the first sentence, which shall carry out one of the acts referred to in that paragraph first.(3) In accordance with the first sentence of the first paragraph of paragraph 1 and in conjunction with paragraph 2 (pledged) which place diesel fuel on the market, it shall have up to 31 December 31 December 2008. A share of at least 4.4 per cent of biofuel replacing diesel fuel is to be ensured in 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 quantity of petrol and diesel fuel put on the market shall be 5.25 per cent in 2009 and 6.25 per cent in the years 2010 to 2014. 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 cover the quantities for which a 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) From 2015, pledged to ensure that the greenhouse gas emissions of fossil petrol and fossil diesel fuels placed on the market, plus the greenhouse gas emissions, are placed on the market. Biofuels shall be reduced by a fixed percentage with respect to the reference value in accordance with the third sentence. The percentage of the percentage referred to in the first sentence is
1.
from the year 2015, 3.5 percent,
2.
as of 2017 4 percent and
3.
from 2020 6 percent.
The reference value, compared to the the reduction in greenhouse gas emissions shall be calculated by multiplying the basic value by the amount of energetic quantity of fossil petrol and fossil diesel fuel placed on the market, plus the amount of food placed on the market by the catering Energetic quantity of biofuel. 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 basic value by the energetic quantity of fossil petrol and fossil diesel fuel put on the market by the catering industry. The greenhouse gas emissions of biofuels are calculated by multiplying them by the recognised evidence in accordance with § 14 of the Biofuels Sustainability Ordinance of 30 June 2009. September 2009 (BGBl. 3182), as last amended by Article 2 of the Regulation of 26 June 2000. November 2012 (BGBl. 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 are treated like fossil petrol or fossil diesel fuels, provided that
1.
for biofuels is recognised in accordance with § 14 of the Biofuel Sustainability Ordinance not to be submitted,
2.
For biofuels recognized evidence in accordance with § 14 of the biofuel sustainability ordinance , which do not show greenhouse gas emissions,
3.
Biofuels recognised for biofuels in accordance with § 14 of the biofuel sustainability regulation , which are ineffective within the meaning of the Biofuel Sustainability Regulation and which must not be recognised,
4.
Biofuels according to § 37b (8) 1 are excluded from being creditable or
5.
the European Commission under Article 18 (8) of Directive 2009 /28/EC of the European Parliament and of the Council of 23 The European Parliament and the Council of 27 April 2009 on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directives 2001 /77/EC and 2003 /30/EC (OJ L 136, 31.5.2001, 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 L 376, 27.12.1998, 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.
, 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 section 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 sentence of paragraph 5 (1) (2) and (3), the second sentence shall apply irrespective of the person in charge of the(5) The obligations referred to in the first and second sentences of paragraph 1, in conjunction with paragraphs 3 and 4, may be provided by food
1.
through 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 Tax Act,
2.
by placing on the market pure biofuel 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 of the (4) by placing on the market of
a)
Biofuels according to § 37b (6), the fossil-based natural gas fuel, which is referred to in Article 2 (1) (7) or (2) (1) of the Energy tax law to be taxed, and
b)
pure biofuel according to § 37b (6), which is referred to in Article 2 (1) (7) or (2) (1) of the Energy Taxation Act is to be taxed
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 Point 11, and it is shown to the competent authority that the electricity has been properly measured and monitored.(6) The fulfilment of the obligations laid down in the first and second sentences of paragraph 1 in conjunction with paragraphs 3 and 4 may be transferred to a third party, which is not itself a commitment, by means of a contract which is required by the written form. 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 provisions of the first sentence of the Treaty exclusively 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 the obligations referred to in the first and second sentences of paragraph 1 in conjunction with paragraphs 3 and 4 may be transferred to a third party, which is self-committing, 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. In the case of the first sentence of the first sentence of paragraph 1 and 2 in conjunction with paragraph 3, where the conditions set out in sentences 1 to 5 are met,
1.
shall be placed on the market by the third party. Biofuels shall be used exclusively for the determination of the minimum proportion of biofuel referred to in paragraph 3, sentence 5 and
2.
in the case referred to in the first sentence of paragraph 1 and in conjunction with (4) the amount of greenhouse gas reduction achieved by the third party shall be taken into account exclusively for the purpose of calculating the greenhouse gas emissions referred to in paragraph 4 (5) and (6
for the benefit 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 assigned under the first sentence cannot be used to fulfil the third party's own obligation or the obligation to provide further food. shall be used.(8) amounts of biofuel or greenhouse gas reduction which exceed the minimum percentage or percentage for a given year of commitment as required under paragraphs 3 and 4 and for which no tax relief pursuant to Article 50 (1), first sentence, point 1, 2 and 4 of the Energy Taxation Act, at the request of the pledge, the minimum percentage or percentage of the following year shall be taken into account. 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 in respect of 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. Non-official table of contents

§ 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 Ordinance 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 manufactured in part from biomass shall be 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 themselves are biomass in the sense of the biomass regulation and, if their properties are at least 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 in Article 8 (1) of the Regulation of 2. May 2013 (BGBl. 1021), in accordance with the current version. Biodiesel is to 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 within the meaning of section 1a, first sentence, point 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 which are produced proportionally from bioethanol, the rates 1 and 2 shall apply mutagenic to the bioethanol component.(4) By way of derogation from paragraph 1, vegetable oil shall be biofuel only if its properties meet at least the requirements for vegetable oil fuel in accordance with Article 9 of the Regulation on the quality and quality of force and Fuels corresponding to fuel.(5) By way of derogation from paragraph 1, hydrogenated biogenic oils 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 the hydrogenation is not carried out in a refinery-scale The process is carried out together with mineral-oil-containing oils. Under these conditions, hydrogenated biogenic oils should be treated in full as a biofuel.(6) By way of derogation from paragraph 1, biomethane shall only be biofuel if it complies with the requirements for natural gas in accordance with Article 8 of the Regulation on the quality and the award of the qualities of fuels and fuels.(7) For the fuels referred to in paragraphs 1 to 6, Article 11 of the Regulation on the quality and 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 deposited at the German National Library in an archival way.(8) It is not possible to count on the fulfilment of obligations pursuant to § 37a (1) sentence 1 and 2 in conjunction with § 37a (3) and (4)
1.
biogenic oils, which have been hydrogenated together with mineral oil-based oils in a refining technique,
2.
the biofuel share of energy products with a bioethanol content of less than 70% by volume, of which bioethanol-containing products of subheading 3824 90 99 of the Combined nomenclature,
3.
Biofuels made entirely or partially from animal oils or fats, and
4.
Biofuels for which a tax relief has been or will be granted pursuant to § 50 (1) sentence 1, points 1, 2 or 4 of the Energy Tax Act.
In the case of § 37a (1) sentence 1 and 2 in conjunction with Section 37a (3), biofuels for which a tax relief has been or is being granted pursuant to Article 46 (1), first sentence, point 1 or point 3, or in accordance with Article 47 (1) (1), (2) or (6) of the Energy Tax Act shall not be applied to biofuels, the fulfilment of the obligations.(9) The Federal Ministry for the Environment, Nature Conservation, Building and Nuclear Safety announces the energy content of the various fuels as well as changes in their energy content in the Federal Gazette (Bundesanzeiger). Non-official table of contents

§ 37c Contributors and surcharges

(1) In each case, the competent authority shall have up to the 15th pledge. April of the year following the year of commitment, the quantity of fossil petrol and fossil diesel fuel placed on the market in the year of commitment, the amount of biofuel placed on the market in the year of commitment, referred to the different biofuels concerned 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. The notification shall also include the catering firm, the place of establishment responsible for placing the product on the market or the registered office of the undertaking, its address and the name and address of the person responsible for placing the product in question. 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 on the marketing year, with reference to the different biofuels concerned, 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, 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, to be notified in writing of the 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 for each person concerned and shall carry out an electronic register containing the information required for all meals in accordance with the provisions of sentences 1 to 6.(2) Insofar as pledges of an obligation pursuant to § 37a (1) sentence 1 and 2 in connection with § 37a (3) and (4) do not comply, the competent authority shall, in the cases of § 37a (3), apply for the amount of miscarriage calculated according to the energy content In the case of biofuels or in the cases referred to in Article 37a (4), a levy on the shortfall of greenhouse gas emissions to be reduced. The duties of the pledge shall be incurred on the 15th day of the year. April of the calendar year following the commitment year. 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 pursuant to the third sentence or the 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) Where the competent authority has not communicated or has not duly communicated the information required pursuant to the first and third sentences of paragraph 1, the competent authority shall estimate the quantities placed on the market by the pledge in the year of commitment. fossil petrol and fossil diesel fuel and biofuel, 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 to which the third party, in the course of the hearing on the statement of asserting against the pledge referred to in the second sentence of paragraph 2, shall recover this notice.(4) In the cases referred to in Article 37a (2), second sentence, the tax warehouse owner shall, with the monthly energy tax declaration, apply the quantity of fossil petrol and fossil diesel fuel placed on the market to his/her competent main customs office. plus the share of the biofuel component in writing.(5) In the case of paragraphs 1 to 4, the provisions of the tax rules applicable to excise duties shall apply. 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. Non-official table of contents

§ 37d Competent body, legal regulations

(1) Within the federal administration, one or more competent bodies shall be to the tasks of monitoring the performance of the obligations according to § 37a and to fulfil 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 consultation of the parties concerned (§ 51), by means of a regulation without the consent of the Federal Council,
1.
taking into account the technical development
a)
also in deviation from § 37b paragraph 1 to 6 energy products as biofuels to be determined,
b)
in Deviation from § 37b (1) to (6) to stipulate that certain energy products are not or no longer fully considered as biofuels,
c)
by 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), first sentence, point 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)
the creditability of biomethane to the fulfilment of obligations under § 37a (1) sentence 1 and 2 in conjunction with § 37a (3) and (4) to be specified,
e)
the creditability of biomethane, which is the the natural gas network shall be fed in order to comply with the obligations laid down in Article 37a (1), first sentence, and (2), in conjunction with sections 37a (3) and (4),
to be taken in greater detail;
determine, as in the case of the feeding of biomethane into the natural gas network, the detection of greenhouse gas emissions, as well as
g)
the detection method for the Computability of biomethane as a whole closer to rules
2.
to determine that the quantity of a given biofuel according to point 1 or § 37b Paragraphs 1 to 7 of the total fuel sales in the context of the fulfilment of obligations under § 37a (1) sentence 1 and 2 in conjunction with Article 37a (3), in accordance with a multiplication of the quantity of the relevant traffic actually placed on the market Biofuels must be calculated with a specific calculation factor, to be determined taking into account the greenhouse gas balance of the respective biofuel,
3.
prescribe that biofuels will only be credited to the fulfilment of obligations under § 37a (1) sentence 1 and 2 in conjunction with § 37a (3) and (4), if at the Production of the biomass used demonstrably certain environmental and social requirements for sustainable biomass production as well as for the protection of natural habitats are met and if the biofuel has a specific reduction of greenhouse gas emissions,
4.
set the requirements for the purposes of point 3,
5.
to change the amount of the levy in accordance with § 37c (2) sentence 3, 4 or 6, in order to impose a comparable economic burden on all fuels in the case of changes in the price level of fuels Ensure that
6.
deviate the base value from § 37a (4) sentence 4,
7.
limiting the creditability of certain biofuels to the obligations set out in § 37a (1) sentence 1 and 2 in conjunction with § 37a (3) and (4), provided that the Directive 2009 /28/EC on the limitation of the creditability of these biofuels to the objective of Article 3 (4) of Directive 2009 /28/EC, as well as the verification procedure,
8.
a minimum proportion of certain biofuels for the fulfilment of the obligations under § 37a (1) sentence 1 and 2 in conjunction with § 37a (3) or (4) and the Method of detection,
9.
The calculation method for greenhouse gas emissions from fossil gasoline and fossil diesel fuels by way of derogation from § 37a (4)
10.
The calculation method for greenhouse gas emissions of biofuels by way of derogation from § 37a (4) sentence 6. To settle the detection method,
11.
to regulate the computability of electric current for use in road vehicles in accordance with § 37a (5) sentence 2 and in particular
a)
the calculation method for the greenhouse gas emissions of the used Set the amounts of electrical current and
b)
to control the detection
12.
taking into account technical developments the scope of application in § 37a (1) sentence 1 to further fuels, and in particular
a)
to set the calculation method for the greenhouse gas emissions of these fuels and
b)
to regulate the detection
13.
taking into account the The provisions of Section 37a (5), first sentence, of further measures to reduce greenhouse gas emissions, which may be used to fulfil obligations under § 37a (1) sentence 1 and 2 in conjunction with § 37a (3) and (4), shall be subject to the requirements of Article 37a (1) sentence 1 and , in particular
a)
the calculation method for greenhouse gas emissions of these To set measures and
b)
to regulate the detection
14.
the The obligation to report in accordance with § 37f (1), in particular on the nature, form and content of the report, as well as the arrangements of the competent authority required to ensure proper reporting of the report. rules,
15.
to set a verification procedure for prerequisites
a)
in accordance with § 37a (4) sentence 7, point 5,
b)
in accordance with § 37b (1) to (7), if appropriate in conjunction with the Regulation referred to in point 1 (a) or (b),
c)
in accordance with § 37b (8) sentence 1,
d)
the regulation referred to in point 1 (c) and (
e)
of the regulation according to points 2 to 4,
16.
Exceptions to the requirements set out in § 37b (8), first sentence, point 3, provided that this does not comply with the meaning and purpose of the regulation ,
17.
Rules of procedure other than § 37c (1) and (3) to (5) shall apply.
Regulations pursuant to the first sentence of the first subparagraph of point 1 (c) shall be 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 since the date of 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 is empowered to adopt, by means of a regulation without the consent of the Federal Council, more detailed provisions for the implementation of Articles 37a to 37c and the legal regulations based on paragraph 2, in particular
1.
the process of securing and monitoring compliance with the quota obligation in the cases of § 37a (6) and (7) and with regard to the data needed for the determination of the minimum share of biofuel or greenhouse gas reduction,
2.
To ensure and monitor compliance with the obligation to comply with the obligation to meet the requirements of § 37a (4) sentences 9 and 10, as well as to § 37a (6) and (7),
3.
in order to further regulate the monitoring of compliance with the requirements for biofuels and the sampling required for this purpose,
4.
determine that the creation of obligations under section 37a (1) sentences 1 and 2 in conjunction with § 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 Deposits; Regulation Empowerment

(1) For official acts on the basis of legal orders on the basis of Article 37d (2), first sentence, points 3 and 4, which are related to the recognition of systems or to the recognition and supervision of an independent supervisory authority, shall be subject to charges and expenses for the purpose of covering the administrative burden collected.(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 of Finance, by means of a legal regulation without the consent of the Federal Ministry of Food and Agriculture. 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 different from the administrative costs act in the up to 14 years. The current version will be governed by the current version. A non-official table of contents

§ 37f Reports on fuels and energy products

(1) The competent authority shall have a pledge annually up to the 31. to submit a report on the fuels and energy products placed on the market in the previous year, provided that a regulation in accordance with Article 37d (2), first sentence, point 14, provides for this. The report shall contain at least the following information:
1.
the total quantity of each type of fuel and energy products placed on the market, indicating the employment and of 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. Non-official table of contents

§ 37g Report of the Federal Government

After the report referred to in Article 22 of Directive 2009 /28/EC of the European In accordance with § 64 of the Biofuels Sustainability Ordinance, the Federal Government is sending the report to the German Bundestag and the Bundesrat.

Fourth part of the
of vehicles, construction and modification of roads and rail routes

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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 shall be such as to ensure that their emissions caused by their participation in the transport sector are determined by the appropriate conditions. operation shall not exceed the limit values to be observed in order to protect against harmful environmental effects. 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 and Nuclear Safety, after consultation of the parties concerned (§ 51), determine, with the consent of the Federal Council, by means of a decree-law with the consent of the Federal Council. Protection against adverse environmental effects requirements relating to the nature, equipment, operation and testing of the vehicles and installations referred to in the first sentence of paragraph 1, including in so far as they comply with the traffic law requirements of the Federal government. In so doing, emission limit values may also be set at a time after the entry into force of the Regulation, taking into account the technical development.(3) In the light of the requirements laid down in paragraph 2, Article 7 (5) shall apply mutaly. Non-official table of contents

§ 39 Compliance with intergovernmental agreements and legal acts of the European Communities or the European Communities Union

In order to fulfil obligations arising from intergovernmental agreements or binding acts of the European Communities or the European Union, the German Federal Ministry of Transport, Building and Energy may be responsible for the purposes of the provisions of Article 1 of the Treaty. and Urban Development and the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety, with the consent of the Federal Council, shall determine that the vehicles referred to in § 38 of this Regulation shall be subject to certain specifications, equipment, Testing and 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

§ 40 Traffic Restrictions

(1) The responsible road traffic authority restricts or prohibids motor vehicle traffic in accordance with the rules on road traffic law, in so far as an air content plan or a plan for measures to be taken in the short term, pursuant to § 47 (1) or (2), provide for this. 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 predominant reasons for the good of the general public requiring this.The competent road traffic authority may prohibit or restrict motor vehicle traffic on certain roads or in certain areas, in accordance with the provisions of road traffic law, if the traffic in motor vehicles is exceeded shall contribute to the emission values laid down in Article 48a (1a) of the law and, in so far as the competent authority responsible for the protection of the immission is concerned, in view of the local conditions, in order to effect harmful environmental effects by: To reduce or avoid air pollution. Transport needs and urban planning needs are to be taken into account. The first sentence of Article 47 (6) 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 legal regulation that motor vehicles with little contribution to the pollutant loading of traffic bans in whole or in part , to be excluded or to be exempted, as well as the relevant criteria and the official identification of motor vehicles. 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

§ 41 roads and rail routes

(1) In the construction or substantial modification of public roads and of railways, Without prejudice to § 50, magnetic levitation trains and trams shall ensure that no harmful environmental effects can be caused by traffic noises which are preventable according to the state of the art.(2) Paragraph 1 shall not apply in so far as the costs of the protection measure are disproportionate to the intended protection purpose. Non-official table of contents

§ 42 Compensation for noise protection measures

(1) In the case of § 41, the law shall be amended in accordance with § 43 (1) of the German law. The owner of a building plant concerned shall, against the carrier of the building load, be entitled to an appropriate compensation in money, unless the impairment is due to the limits of the limits laid down in the first subparagraph of Article 1 (1) of the Directive. particular use of the system is reasonable. This also applies to construction plants which were visibly approved in the design of the plans in the planning of planning procedures or in the design of the draft of the building control plans with designated route planning.(2) The compensation shall be provided for sound protection measures on the construction equipment at the level of the necessary expenses provided, insofar as these are held within the scope of the legal regulation pursuant to § 43 (1) sentence 1 (3). Provisions which grant further compensation shall remain unaffected.(3) If no agreement is reached between the carrier of the building load and the person concerned on the compensation, the competent authority according to the country's law shall, at the request of one of the parties, determine the compensation by written notice. Moreover, the laws of expropriation of the Länder shall apply mutagenicly to the proceedings. Non-official table of contents

§ 43 German Federal Government Law Ordinance

(1) The Federal Government is empowered to act after consulting the parties (§ § § § 43). 51) by legal regulation with the consent of the Bundesrat, to enact the provisions necessary for the implementation of § 41 and section 42 (1) and (2), in particular about
1.
certain limits that are used to protect the neighborhood from harmful environmental impacts through noises , as well as the method of determining emissions or immissions,
2.
certain technical requirements for the construction of roads, Railways, magnetic levitation trains and trams to avoid harmful environmental impacts caused by noises and
3.
The nature and extent of the protection against harmful effects of the environment Environmental impact of noise protection measures required by noise in buildings.
The reduction of 5 decibels (A) provided for in the legal ordinances under sentence 1 to take account of the special features of rail transport is from 1. January 2015 and for railway lines exclusively for the regulation on the construction and operation of trams of 11. December 1987 (BGBl. 2648), as from 1. The plan-setting procedure has not yet been opened and the interpretation of the plan has not yet been made public until this date for the relevant section of a project. The application of the envelope referred to in the second sentence may already 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 referred to in paragraph 1, § 7 (5) applies accordingly.

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

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§ 44 Monitoring of air quality

(1) For monitoring air quality, the competent authorities regularly conduct regular air quality monitoring. Investigations in accordance with the requirements of the legal regulations pursuant to § 48a (1) or (1a).(2) The State Governments or the bodies designated by them shall be empowered to establish, by means of legal orders, areas of investigation in which the nature and extent of certain air pollutants not covered by paragraph 1 in the atmosphere, the harmful environmental effects can be caused in a given period or on an ongoing basis, as well as the conditions for the development of air pollution and its propagation are to be investigated. Non-official table of contents

§ 45 Improvement of air quality

(1) The competent authorities shall take the necessary measures to ensure compliance with of the immission values established by means of a legal regulation according to § 48a. These include, in particular, plans in accordance with § 47.(2) The measures referred to in paragraph 1
a)
must include an integrated approach to the protection of air, water and soil.
b)
must not violate the health and safety regulations of workers at work;
c)
must not significantly affect the environment in other Member States.
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§ 46 emission inventor

As far as it is necessary to comply with binding legal acts of the European Communities or the European Union, the competent authorities, emission inventories. Non-official table of contents

§ 46a Information to the public

The public is informed in accordance with § 48a (1) of the legal regulations. to inform the air quality. 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. Non-official table of contents

§ 47 Air content plans, plans for measures to be taken in the short term, country regulations

(1) The competent authority shall draw up an air pollution control plan, which shall take the necessary measures for the permanent establishment of the air pollution control plan. reduction of 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 exceedatation of immission limits already to be observed.(2) If there is a risk that the alert thresholds established under Article 48a (1) may be exceeded, the competent authority shall draw up a plan for measures to be taken in the short term, in so far as the legal regulation is concerned with this . 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, to the extent 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 pollution control plan referred to in paragraph 1.(3) Late indications that the immission values laid down in accordance with Article 48a (1a) are not complied with or are in an area of investigation within the meaning of § 44 (2) other harmful environmental effects to be observed. , the competent authority may draw up an air pollution control plan. In drawing up these plans, the objectives of spatial planning must be taken into account; the principles and other requirements of spatial planning must be taken into account.(4) The measures shall be directed, in accordance with the polluter's share, in compliance with the principle of proportionality, against all issuers who are responsible for exceeding the immission values or in an area of investigation within the meaning of Article 44 (2) any other adverse environmental impact. 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. In the cases referred to in paragraphs 1 and 2, where immission values are exceeded by emissions caused outside the plan area, the competent authority shall also draw up a plan.(5) Plans to be submitted in accordance with paragraphs 1 to 4 shall comply 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 must be open to the public.(5a) In the establishment or modification of 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 the 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 process 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, in accordance with paragraph 2, plans are drawn up for measures to be taken in the short term, the competent authority shall make available to the public both the results of its investigations into the feasibility and content of such plans, as well as information on: the implementation of these plans.(6) The measures which define the plans referred to in paragraphs 1 to 4 shall be enforced by means of arrangements or other decisions taken by the competent bodies of public administration under this Act or by other legislation. Where planning provisions are laid down in the plans, the planning bodies responsible have to take this into account in their planning.(7) The State Governments or the bodies designated by them shall be authorized, in the event of the risk of exceeding immission limits established by a regulation pursuant to Article 48a (1), to prescribe, by means of a regulation of the law, that in more detail areas to be determined
1.
Location-changing installations will not be operated
2.
Fixed installations must not be built,
3.
Local or fixed installations must only be operated at specific times or have to meet increased operational requirements,
4.
Fuels in plants not or only shall,
to the extent that the plants or fuels are capable of contributing to the exceeding of the immission values. The first sentence of the first sentence of paragraph 4 and the third paragraph of Article 49 shall apply.

Sixth part
Noise reduction planning

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§ 47a Scope 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 conurbary area, in quiet areas in the countryside, are exposed in the vicinity of school buildings, hospitals and other noise-sensitive buildings and areas. 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. Non-official table of contents

§ 47b Definitions

For the purposes of this law, the terms
1.
"Environmental Noise" annoying or unhealthy outdoor noises caused by activities of people, including noise emitted by means of transport, road transport, rail transport, air traffic and industrial activities;
2.
"Ballungsraum" 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.
"Hauptverkehrsstraße" a federal highway, national road or other crossborder road, each with a traffic volume of more than three million motor vehicles per Year;
4.
"Main rail track" a railway line of railways under the General Railway Act with a traffic volume of more than 30 000 trains per year Year;
5.
"Large airport" means a traffic airport with a traffic volume of over 50 000 movements per year, with "movement" means the start or landing. , this shall be excluded exclusively from training movements with light aircraft.
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§ 47c Noise maps

(1) The competent authorities shall be responsible for the period up to 30 years. June 2007, related to the previous calendar year, 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 vehicles per year, main railway lines with a traffic volume of more than 60 000 trains per year and major airports. The same applies to the 30. June 2012 and thereafter every five years for all conurbations, as well as for all main thoroughfares and main railway lines.(2) The noise maps shall be subject to the minimum requirements laid down in Annex IV to Directive 2002/49/EC of the European Parliament and of the Council of 25 June 1999 on the Evaluation and control of environmental noise (OJ L 327, 22.4.2002, p. EC No 12), and to include 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 provide the following information, free of charge for the development of noise maps, to the authorities responsible for the development of noise maps: style="font-weight:normal; font-style:normal; text-decoration:none; ">
1.
Railway Infrastructure Data and
2.
Data on railways on the railways.
(3) The competent authorities are working on the development of noise maps for border areas with the competent authorities of other Member States of the European Union.(4) The noise maps shall be reviewed at least every five years after the date of their preparation and revised if necessary.(5) The competent authorities shall inform the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety, or a body designated by it, of the 30. In June 2005 and every five years thereafter, the agglomerations with 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 with. The same applies to the 31. December 2008 for all conurbations, as well as all main thoroughfares and main railway lines.(6) The competent authorities shall communicate to the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety or to a body designated by the competent authorities information from the noise maps referred to in the legal regulation pursuant to § 47f. Non-official table of contents

§ 47d Noise Action Plans

(1) The competent authorities are up to the 18. July 2008 Noise plans, which 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 major airports,
2.
Ballungsräume mit mehr als 250 000 inhabitants.
The same applies to the 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: Exceeding relevant limit values or on the basis of other criteria shall apply, and in particular to the most important areas, as shown in the noise maps.The noise action plans shall comply with the minimum requirements laid down in Annex V to Directive 2002/49/EC and shall contain the data to be transmitted to the Commission in accordance with Annex VI to Directive 2002/49/EC. The aim of these plans should also be to protect quiet areas against an increase in noise.(2a) Public railway infrastructure undertakings shall be required to participate in the establishment of noise action plans for places close to the main railway lines and for urban agglomerations.(3) The public shall 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. Adequate time-limits should be laid down for each stage of participation.(4) § 47c (3) shall apply accordingly.(5) The noise action plans shall be reviewed and, if necessary, revised in the event of significant developments in the noise situation, but otherwise every five years after the date of their installation.(6) § 47 (3), second sentence, and (6) shall apply accordingly.(7) The competent authorities shall inform the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety, or any body designated by it, of information from the noise action plans referred to in § 47f of the Regulation. Non-official table of contents

§ 47e competent authorities

(1) Local authorities responsible for the tasks of this part of the law are the municipalities or the in accordance with the law of the country, unless otherwise specified in the following.(2) The supreme state authorities or the bodies designated by them shall be responsible for the notifications pursuant to § 47c (5) and (6) and Section 47d (7).(3) The Federal Railway Authority is responsible for the preparation of noise maps for railway lines from the Federal Railways pursuant to Section 47c and to the extent to which the communication of the main railway lines pursuant to Article 47c (5), for the communication of the information in accordance with Article 47c (5) of the German Federal Government. Section 47c (6) and for information to the public on noise maps in accordance with section 47f (1), first sentence, point 3.(4) By way of derogation from paragraph 1, the following shall apply: 1. In January 2015, the Federal Railway Authority (Bundesamt) is responsible for establishing a nationwide noise plan 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 impact on noise planning. Non-official table of contents

§ 47f Legal Regulations

(1) The Federal Government is authorized to do so after consulting the parties concerned (§ 51). Ordinance with the consent of the Bundesrat, further regulations for the implementation of Directive 2002/49/EC into German law, in particular
1.
to define noise indices and to apply them,
2.
to the calculation methods for noise indices and on the assessment of adverse health effects,
3.
on public information on competent authorities, noise maps and noise plans,
4.
on criteria for specifying measures in noise action plans.
Passt the Commission, in accordance with Article 12 of Directive 2002/49/EC, Annex I, Section 3, Annex II, and In accordance with the procedure referred to in Article 13 (2) of Directive 2002/49/EC, Annex III shall apply to scientific and technical progress, and the first sentence shall also apply to that effect.(2) The Federal Government is authorized, after consulting the parties concerned (§ 51), to adopt further regulations with the consent of the Bundesrat, with the consent of the Federal Council
1.
about the format and content of noise maps and noise action plans,
2.
for data collection and Data transfer.

Seventh Part
Common Rules

Non-tamous

Government shall, after consulting the parties concerned (§ 51), adopt with the consent of the Federal Council for the implementation of this Act and of the provisions adopted pursuant to this Act. Legal Regulations of the Federal Republic of Germany General administrative provisions, in particular
1.
Immission values, which may not be exceeded for the purpose referred to in § 1,
2.
Emission values that are preventable according to the state of the art
3.
the procedure for determining emissions and immissions,
4.
the procedure to be used by the competent authority in the case of installations for which provision may be made in accordance with Article 7 (2) or (3) of a regulation, taking into account in particular the conditions referred to therein,
5.
equivalent parameters or equivalent technical measures to emission values.
In setting the requirements, possible relocations of adverse effects are particularly likely to be -to take account of the effects of a protection product on another; to ensure a high level of protection for the environment as a whole.(1a) After each publication of a BAT conclusion, it is necessary to ensure that, in the case of installations under the Industrial Emissions Directive, the emission values set out in point 2 of the first sentence of paragraph 1 shall be subject to emissions under normal operating conditions. do not exceed the emission bandwidths referred to in the BAT conclusions. 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 values can be used in the administrative procedure. if
a)
because of the technical characteristics of the affected plant type, the application of the in the BAT conclusions would be disproportionate and would be justified, or
b)
in systems of future technologies for a total period of time shall be tested or applied for a maximum period of nine months, provided that the application of the technology concerned is terminated after the fixed period of time, or at least the associated techniques are associated with the best available techniques. Emission bandwidths are achieved,
2.
can be determined in the administrative provision that the competent authority is less stringent. Can set emission limits if
a)
because of technical characteristics of the affected assets Application of the emission bandwidths mentioned in the BAT conclusions would be disproportionate or
b)
in installations of future technologies for a total period of time of shall be tested or applied for a maximum period of nine months, provided that the application of the technology concerned is terminated after the fixed period of time, or at least the associated techniques are associated with the best available techniques. Emission bandwidths are achieved
Paragraph 1 set 2 remains 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

§ 48a legal regulations on emission values and immission values

(1) To fulfil binding obligations Acts of the European Communities or of the European Union, the Federal Government may, with the consent of the Federal Council, on the purpose of the purpose of paragraph 1 above, to establish legal regulations on the fixing of immissions and emission values, including the Procedures for determining and adopting measures to ensure compliance with these values and for monitoring and measurement. The legal regulations can also regulate the way in which the population is to be informed.(1a) In addition to the fulfilment of binding legal acts of the European Communities or of the European Union, the Federal Government may, with the consent of the Federal Council, adopt legal regulations for the purpose of the determination of Immission values for other pollutants, 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 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 enforced by means of orders or other decisions taken by the competent bodies of public administration under this Act or by other legislation; , the competent planning bodies must decide whether and to what extent plans are to be taken into consideration.(3) 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, fulfil the obligations to be fulfilled by the authorities in accordance with the provisions of section 1 of this Article. shall establish and give them powers to collect, process and use personal data in so far as they are necessary for the assessment and control of the requirements set out in the decisions. Non-official table of contents

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

Legal regulations pursuant to § 7 (1) sentence 1, point 2, Section 23 (1), first sentence, point 2, section 43 (1), first sentence, number 1, § 48a (1) and section 48a (1a) of this Act shall be assigned 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. Non-official table of contents

§ 49 Protection of certain areas

(1) The state governments are authorized to prescribe, by means of a legal regulation, that in Areas to be determined, which require special protection against adverse environmental effects caused by air pollution or noise, certain
1.
Location modifiable assets must not be operated
2.
Fixed assets are not built ,
3.
Location-changing or fixed installations may only be operated at specific times or may have to meet increased operational requirements or
4.
Fuel in installations may not be used or limited to use
where the plants or fuels are suitable, harmful environmental impacts may be caused by air pollution or noises which are not compatible with the particular need for protection in these areas and the air pollution and noises cannot be prevented by means of conditions.(2) The State Governments shall be empowered to establish, by means of a regulation, areas in which there is a risk of a severe increase in adverse environmental effects caused by air pollution during the exchange of weather conditions. The legal regulation may require that, in these areas,
1.
fixed installations only at specific times, or
2.
fuels causing particularly air pollution, in installations not or only limited
will be allowed toas soon as the exchange weather situation is announced by the competent authority.(3) Country-law authorisations for municipalities and municipal associations for the adoption of local legislation, the regulations on the protection of the population against adverse environmental effects caused by air pollution or noise from the subject matter. shall remain unaffected. Non-official table of contents

§ 50 Planning

For space-related planning and measures, the areas designated for a particular use are each other shall be classified in such a way as to ensure that adverse environmental effects and major accidents within the meaning of Article 3 (5) of Directive 96 /82/EC in the areas of operation are likely to affect the areas used exclusively or predominantly for housing , as well as other areas in need of protection, in particular publicly-used areas, important transport routes, recreational areas and, from the point of view of nature conservation, particularly valuable or particularly sensitive areas and publicly used areas Buildings, to be avoided as far as possible. 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 Hearing of Involved Circles

To the extent that authorisations for the adoption of legal orders and general Regulations for the consultation of the parties involved in the consultation of the parties concerned shall be a selection of representatives of the scientific community, of the interested parties, of the economy involved, of the transport sector involved and of the protection of the immission competent supreme state authorities. Non-official table of contents

§ 51a Commission for Plant Safety

(1) At the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety, the Advice to the Federal Government or the competent Federal Ministry of the Federal Republic of Germany to form a commission for plant safety.(2) The Commission for Plant Safety is to demonstrate at regular intervals as well as, in particular, possibilities for improving plant safety. 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. The Commission for Plant Safety shall verify, within reasonable intervals, at the latest after five years, whether the published safety rules continue to comply with the state of safety technology.(3) In agreement with the Federal Ministry of Labour and Social Affairs, the Commission for Plant Safety and Security is not only represented by representatives of the federal authorities involved, but also by the competent authorities responsible for the protection of immissions and employment. National authorities, in particular representatives of the scientific community, environmental associations, trade unions, experts according to § 29a and the authorised monitoring bodies in accordance with Article 37 (5) of the Product Safety Act, which Professional cooperatives, the participating economy, as well as representatives of the committees set up pursuant to § 24 of the Ordinance on Safety and Security of Safety and Security and § 21 of the Ordinance on Hazardous Substances.(4) The Commission for Plant Safety shall elect from its centre a Chairperson or a Chairman and shall adopt its rules of procedure. The election of the chairman or the chairman and the rules of procedure shall require 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. Non-official table of contents

§ 51b Ensuring the delivery capability

The operator of an asset requiring approval has to be secured 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. Non-official table of contents

§ 52 Monitoring

(1) The competent authorities have the implementation of this law and of the law based on this law. Legal regulations to be monitored. 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 sentence 2 shall be made in each case if
1.
insist that the protection of the neighbourhood and the general public is not sufficient and therefore the limits of emissions as laid down in the permit must be reviewed or re-established,
2.
Key changes in the state of the art allow for a significant reduction in emissions,
3.
an improvement in operational security is required, in particular through the application of other techniques, or
4.
new environmental regulations call for this.
For plants under the Industrial Emissions Directive, within four years of the publication of BVT-Conclusions on the main activity
1.
a review and, if necessary, an update of the Approval within the meaning of sentence 3, and
2.
to ensure that the facility in question has the approval requirements in accordance with Article 6 (1) (1) and (1) of the The provisions of Section 12 shall also apply.
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) Point 1 (2) (a) shall be reassessed.(1a) In the case of the third sentence of Article 31 (1), the competent authority shall evaluate the results of the emission monitoring at least annually in order to ensure that the emissions under normal operating conditions are those set out in the BAT conclusions shall not exceed the emission bandwidths specified.For the purpose of implementing 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, set up monitoring plans and monitoring programmes in accordance with Section 52a in their area of competence. 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) Owners and operators of installations, owners and owners of land on which installations are operated shall be obliged to access the land and to prevent the members of the competent authority and their agents from being held responsible for the prevention of such land. to allow urgent threats to public safety or order, including housing and the taking of tests, including the identification of emissions and immissions, as well as to provide the information and to submit the documents which: necessary for the performance of their duties. The fundamental right of the 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 workers and auxiliary equipment, in particular fuel and drive units.(3) Paragraph 2 shall apply in accordance with the owners and owners of plants, substances, products, fuels, fuels and lubricants, in so far as these are those of § § 37a to 37c or the settlement of the provisions adopted pursuant to Sections 32 to 35, 37 or 37d Legal regulation. The owners and owners shall allow the members of the competent authority and their agents to take samples to the extent necessary for the performance of their duties.(4) The applicant shall bear the costs arising from tests carried out in the course of the authorisation 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 only be incurred by the party responsible for providing information if the investigation shows that
1.
Editions or arrangements according to the rules of this law or the law based on this law Legal regulations have not been complied with or
2.
Obligations or orders in accordance with the provisions of this Act or of the legal regulations based on this Act commanded
(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 civil procedure referred to in § 383 (1) (1) to (3) of the Code of Civil Procedure of the risk of criminal prosecution or of a procedure under the Law on Administrative Offences.(6) Where immissions are to be determined for the implementation of this Act or of the legal regulations based on this Law, the owners and owners of land on which installations are not operated shall also have 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 the 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 replacement for damage caused. Where the damage has been unavoidable and the surveillance measures have led to orders of the competent authority against the operator of an installation, the latter shall be obliged to reimburse the country or the federal government.(7) § § 93, 97, 105 (1), § 111 (5) in conjunction with Section 105 (1) and § 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 of the party responsible for the information or the persons working for him/her. Non-official table of contents

§ 52a Monitoring Plans, Industrial Emissions Assets Monitoring Programs

(1) Monitoring Plans have the following to include:
1.
the spatial scope of the plan,
2.
a general assessment of the important environmental issues within the scope of the plan,
3.
a directory the assets that fall within the scope of the plan,
4.
procedures for establishing regular monitoring programs,
5.
Procedures for monitoring special occasions, as well as
6.
as required, provisions for the Cooperation between different surveillance authorities.
The monitoring plans shall be regularly reviewed by the competent authorities and, where necessary, updated.On the basis of the monitoring plans, the competent authorities shall regularly draw up or update monitoring programmes specifying the periods in which on-site visits must take place as well. According to a systematic assessment of the environmental risks associated with the installation, the time interval between installations must be assessed on the spot, in particular on the basis of the following criteria: style="font-weight:normal; font-style:normal; text-decoration:none; ">
1.
The possible and actual impact of the asset on human health and on the Environment taking into account the emission values and types, the sensitivity of the local environment and the accident risk posed by the installation,
2.
Compliance with the approval requirements in accordance with Section 6 (1) (1) and the secondary provisions according to § 12,
3.
The registration of a company in a directory according to the Articles 13 to 15 of Regulation (EC) No 1221/2009 of the European Parliament and of the Council of 25 June 2009. November 2009 on the voluntary participation of organisations in a Community eco-management and audit scheme and repealing Regulation (EC) No 761/2001, as well as Commission Decisions 2001 /681/EC and 2006 /193/EC 1. 1).
(3) The distance between two site visits shall not exceed the following periods:
1.
one year for assets that fall under the highest risk level, as well as
2.
for three years at assets that are the lowest risk level.
If a monitoring has been established that the operator of an installation is seriously violating the authorisation, the competent authority shall, within a period of six months from the date on which it has been established, to carry out an additional on-site inspection of the infringement.(4) Without prejudice to paragraph 2, the competent authorities shall, in the event of complaints of serious environmental damage, events with significant environmental effects and infringements of the provisions of this Act or of the provisions of this Act, lead to complaints Law adopted by law a surveillance system.(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 authorisation requirements referred to in Article 6 (1) (1) and the secondary provisions in accordance with § 12, and with Conclusions as to whether further action is needed. 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. Non-official table of contents

§ 52b Association obligations for the organization of operations

(1) If there are limited liability companies, the representative body shall be entitled to from a number of members, or in the case of partnerships with a number of authorised members, the competent authority shall be notified of the person who is responsible for the management of the company in accordance with the provisions of the provisions governing the management of the business the obligations of the operator of the plant in need of authorisation, which shall be subject to it pursuant to this Act and under the laws and regulations adopted pursuant to this Act, and by general administrative provisions. The overall responsibility of all organ members or members remains unaffected by this.(2) The operator of the facility in need of authorisation, or within the framework of its management authority, the person to be displayed in accordance with the first sentence of paragraph 1 shall inform the competent authority of the manner in which it is ensured that the protection is harmful environmental effects and other hazards, major drawbacks and significant nuisances and regulations and arrangements in operation are respected. Non-official table of contents

§ 53 Order of a company representative for immission protection

(1) Operators in need of approved equipment have a or a number of operational officers for immission protection (Immission Protection Officer), provided that this is due to the nature or size of the installations due to the
1.
emissions from the assets,
2.
technical issues of emission limit or
3.
suitability of the products, in the case of the intended use The use of harmful environmental effects caused by air pollution, noises or shocks is required
The Federal Ministry for the Environment, Nature Conservation and Nuclear Safety, after consulting the parties concerned (§ 51), shall, by means of a legal regulation with the consent of the Federal Council, determine the facilities requiring approval, the operator of which shall be responsible for immission protection. have to be ordered.(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, as well as operators of installations which are not in need of authorisation, enter into: , in so far as the necessity of placing an order from the points of view referred to in the first sentence of paragraph 1 arises in each individual case. Non-official table of contents

§ 54 Tasks

(1) The Immission Protection Officer advises the operator and members of the staff on matters that are for the protection of immission. It is authorized and obligated to
1.
on development and introduction
a)
Environment-friendly procedures, including procedures to avoid or correct and harmless recovery of waste produced during operation or disposal thereof as waste and the use of heat generated by the use of waste,
b)
environmentally friendly products; including methods of recovery and re-use,
2.
in the development and introduction of environmentally friendly processes and products , in particular by evaluating practices and products from the point of view of environmental friendliness,
3.
as far as this is not the case, In accordance with § 58b (1), second sentence, no. 3, it is necessary to monitor compliance with the provisions of this Act and the legal regulations issued pursuant to this Act and the fulfilment of conditions and conditions granted, in particular: by controlling the premises at regular intervals, measurements of emissions and immissions, notification of identified deficiencies and proposals for measures to remedy these shortcomings,
4.
To educate the employees about the harmful environmental impacts caused by the plant, and about the facilities and measures to prevent them from being Taking into account the obligations arising from this Law or Regulations pursuant to this Act.
(2) The Immission Officer shall report annually to the operator on the basis of the provisions of paragraph 1, second sentence, points 1 to 4. shall be taken and proposed. Non-official table of contents

§ 55 Operator's obligations

(1) The operator must order the immission protection officer in writing and have the responsibility for the operator to identify the tasks that have been assigned to it. 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 Protection Officer.(1a) The operator must inform the operational or staff council prior to the appointment of the Immission Protection Officer, under the name of the tasks assigned to him. The same applies to changes in the role of the Immission Protection Officer and to his dismise.(2) The operator may only order the immission officer who possesses the technical knowledge and reliability required for the performance of his duties. 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 consulting the parties concerned (§ 51), to prescribe, with the consent of the Federal Council, which requirements are to be met by the German Federal Council for the technical and reliability of the subject of the Immission Protection Officer.(3) Where a number of immission protection officers are appointed, the operator shall ensure the necessary coordination in the performance of the tasks, in particular through the formation of a Committee on the Environment. The same shall apply 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 the safety of work.(4) The operator shall assist the immission officer in the performance of his duties and, in particular, to the extent necessary for the performance of his/her duties, assist personnel and premises, equipment, equipment and means for the purpose of carrying out his duties. To make it available and to participate in training. Non-official table of contents

§ 56 Opinion on the operator's decisions

(1) The operator has before decisions on the introduction of procedures and products, and before investment decisions, to obtain an opinion from the Immission Safety Officer if the decisions on the protection of the immission can be significant.The opinion shall be obtained in sufficient time to take due account of the decisions referred to in paragraph 1 and shall be submitted to the body responsible for the introduction of procedures and products and of the products and services provided for in the decision referred to in paragraph 1. Investment decides. Non-official table of contents

§ 57 Lecture Rights

The operator has to ensure, by means of internal organizational measures, that the Immission protection officer may present his proposals or concerns directly to the management if he has not been able to agree with the manager responsible and he or she is responsible for the particular importance of the case. Keep Executive Board required. 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. . Non-official table of contents

§ 58 Prohibition of deprivation, protection against dismissal

(1) The Immission Officer shall be entitled to do so due to the performance of the shall not be penalised.(2) If the immission protection officer is an employee of the operator responsible for the appointment, the termination of the employment relationship shall be inadmissible, unless facts are available to the operator to terminate the contract for important reasons without Authorizing compliance with a notice period. After the dismissal as an immission protection officer, the termination within one year from the date of termination of the order is inadmissible, unless facts are available to the operator to terminate the order for good reason. shall entitle you to a period of notice without notice. Non-tampering table of contents

§ 58a Order of an accident officer

(1) Operators of equipment requiring approval shall have one or more If this is necessary in view of the nature and size of the installation because of the risks to the general public and the neighbourhood which occur in the event of a disturbance of the intended operation, it is necessary to order the fault-case officer. 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 operators of which shall have to appoint an accident officer.(2) The competent authority may order that operators of installations in need of approval for which the order of an accident officer is not required by a legal regulation to appoint one or more accident officers shall be required to: shall, on a case-by-case basis, result in the need to order from the point of view referred to in paragraph 1, Non-official table of contents

§ 58b Tasks of the fault officer

(1) The fault officer advises the operator on matters relating to the Safety of the plant can be significant. It is authorized and obligated to
1.
to improve the security of the asset
2)
2.
immediately notify the operator of any disturbance of the holding which has become known to the operator, which is a threat to the general public and to the risks to the general public. neighbourhood,
3.
compliance with the provisions of this law and the legal regulations issued pursuant to this Act, and compliance with the law to monitor conditions and conditions relating to the prevention of disturbances in the plant's intended operation, in particular through the control of the premises at regular intervals, notification of identified deficiencies, and Proposals for the elimination of these defects,
4.
Defects relating to preventive and defensive fire protection and to technical assistance shall immediately be submitted to the
(2) 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 paragraph 1, points 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. Non-official table of contents

§ 58c Duties and rights of the operator with respect to the fault officer

(1) The above mentioned in § § 55 and 57 Obligations of the operator shall apply in accordance with the fault officer; in legal regulations pursuant to § 55 (2) sentence 3, it is also possible to determine which requirements must be made to the technical customer and reliability of the fault officer .(2) The operator shall, prior to investment decisions and before the planning of operating facilities and the introduction of working methods and working materials, obtain an opinion from the fault officer if these decisions are for safety of the plant can be significant. The opinion shall be obtained in sufficient time to be duly taken into account in the decisions referred to in the first sentence; it shall be submitted to the body responsible for making the decisions.(3) The operator may be responsible for the elimination and limitation of the effects of disturbances of the intended holding, which may lead to risks to the general public and the neighbourhood, or have already led to the elimination and limitation of the effects of the disposal of the operator, Decision-making powers. Non-official table of contents

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

§ 58 applies to the incident officer accordingly. Unofficial Table Of Contents

§ 58e Facilitation of Audited Business Locations

(1) The Federal Government is authorized to promote the private ownership of EMAS sites by means of a legal regulation with the consent of the Federal Council facilitating the content of the application documents in the authorisation procedure as well as facilitations of surveillance law to the extent that the are equivalent to the requirements of Regulation (EC) No 1221/2009 laying down the requirements for the supervision and application of the application documents in accordance with this Act or in accordance with the legal regulations adopted pursuant to this Act , or in so far as the equivalence is ensured by the regulation under this provision.(2) By means of a regulation referred to in paragraph 1, further conditions may be laid down for the use and withdrawal of facilities or the full or partial suspension of facilities for cases in which the The conditions for granting them are no longer available.(3) The legal regulation referred to in paragraph 1 may be subject to regulatory facilitation if the environmental verifier or the environmental verifier has verified compliance with the environmental legislation, has not detected any discrepani, and this is not the case. shall be certified in the validation. In particular, it is possible to provide facilities for
1.
calibrations, investigations, exams and measurements,
2.
Measurement reports, as well as other reports and communications of investigative results,
3.
Tasks of the Immission Control and Incident Officer,
4.
Co-participation obligations to the Operating organization and
5.
the frequency of regulatory monitoring.
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§ 59 jurisdiction in national defense systems

The federal government is empowered to determine, with the consent of the Bundesrat, by means of a legal regulation, that the enforcement of this law and the legal regulations based on this law are the responsibility of federal authorities in the case of installations which serve the purpose of national defence. Unofficial Table Of Contents

§ 60 Exceptions to State Defense Assets

(1) The Federal Ministry of Defense may apply to annexes in accordance with § 3 Paragraph 5 (1) and (3), which serve the purpose of national defence, in individual cases, including certain types of installations, exceptions to this Act and the rules of law based on this Act, insofar as these are compelling reasons for the to defend or fulfil inter-state obligations. The protection against adverse environmental effects shall be taken into account.(2) The Bundeswehr may derogate from the provisions of this Act and the legal regulations based on this Act in the case of installations pursuant to Section 3 (5) (2) of the Federal Armed Forces Act, which are designed solely for use in their field. to the extent that this is absolutely necessary for the performance of their specific tasks. The troops stationed in the Federal Republic of Germany under international law may, in the case of installations pursuant to 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 particular tasks. Non-official table of contents

§ 61 Reporting to the European Commission

The countries are sending the Federal Ministry for the Environment, Nature Conservation and reactor safety information on the implementation of Directive 2010 /75/EU, in particular on representative data on emissions and other types of pollution, on emission limit values and on the extent to which the state of the Technique is used. The countries shall make this information available electronically. The nature and form of information to be transmitted by the countries and the date of their transmission shall be governed by the requirements laid down on the basis of Article 72 (2) of Directive 2010 /75/EU. § 5 (1) sentence 2, paragraphs 2 to 6 of the Act concerning the implementation of the Protocol on pollutant release and transfer registers of 21 June 2000. May 2003 and for the implementation of Regulation (EC) No 166/2006 shall apply accordingly. Non-official table of contents

§ 62 Administrative Offences

(1) Contrary to the law, who intentionally or negligently
1.
set up an asset without the approval pursuant to § 4 paragraph 1,
2.
of a legal regulation adopted pursuant to Section 7 or pursuant to such a decree-law adopted pursuant to this Regulation, in so far as the legal regulation is applicable to a certain circumstances refer to this fine,
3.
a fully-fledgable edition in accordance with § 8a (2) sentence 2 or § 12 (1) does not, not correct, not fully or not in a timely manner,
4.
the location, nature or operation of an installation requiring approval without the approval pursuant to section 16 (1)
5.
of a fully-retractable arrangement pursuant to § 17 (1) sentence 1 or 2, also in conjunction with paragraph 5, § 24 sentence 1, § 26, § 28 sentence 1 or § 29 not, not correct, not complete or not in good time,
6.
an asset against a fully-enforceable undersac in accordance with § 25 (1)
7.
pursuant to § § 23, 32, 33 (1) (1) or (2), § § 34, 35, 37, 38 (2), § 39 or § 48a (1) sentence 1 or 2, paragraph 1a or 3 In so far as the legal regulation refers to that fine, the legal regulation or a enforceable order issued under such a decree law is contrary to the provisions of this Regulation.
7a.
contrary to § 38, paragraph 1, second sentence, motor vehicles and their trailers that are not allowed to be traffic on public roads, rail, air and water vehicles, as well as swimming bodies and floating installations do not operate in such a way that avoidable emissions are prevented and unavoidable emissions are kept to a minimum, or
8.
contrary to a Regulation pursuant to Section 49 (1) (2) or of a enforceable order issued pursuant to such a decree of law establishing a fixed installation, in so far as the legal regulation for a certain amount of action is applicable to this fine- ,
9.
contrary to § 37c (1) sentence 1 to 3 of the competent authority, the information referred to therein is not, not correct, not fully or not communicated in good time
10.
contrary to § 37c (1) sentence 4, also in conjunction with sentence 5, or sentence 6 of the competent authority does not correctly inform the information provided there,
11.
contrary to § 37f (1) sentence 1, also in conjunction with a legal regulation pursuant to § 37d (2) The competent authority does not submit a report, not correct, not complete or not in good time.
(2) Contrary to the law, who intentionally or negligently
1.
contrary to § 15, paragraph 1 or 3, an indication not, not correct, not complete or does not make timely,
1a.
contrary to § 15, paragraph 2, sentence 2, a change,
2.
contrary to § 27 (1) sentence 1 in conjunction with a legal regulation pursuant to paragraph 4, sentence 1, an emission statement not, not correct, not complete or not In good time or not, not correct, not complete or not completed in time,
3.
contrary to § 31 (1) sentence 1, a Summary or data referred to there not, not correct, not complete or not presented in time,
3a.
contrary to § 31 (5) sentence 1 Notice not, not correct, not complete or not timely,
4.
contrary to § 52, paragraph 2, sentence 1, 3 or 4, also in conjunction with paragraph 3 sentence 1 or paragraph 6 sentence 1 Information not correct, not correct, not given in full or not in time, a measure not condoned, documents not submitted, persons instructed not to move or to an obligation otherwise stated
5.
contrary to § 52, Paragraph 3, Sentence 2, the removal of samples is not allowed,
6.
an ad according to § 67, paragraph 2, sentence 1 is not, not correct, not fully or not timely, or
7.
contrary to § 67, paragraph 2, sentence 2, documents are not, not correct, not complete or not submitted in time.
(3) Contrary to the law, who intentionally or negligent
1.
of a directly applicable provision in European Union acts shall be contrary to the content
a)
one in paragraph 1 (1), (3), (4), (5), (6), (7a), (9) or (10) or
b)
a bid or prohibition referred to in paragraph 2
, in so far as a legal regulation in accordance with the second sentence of the second sentence applies to a particular event; a reference to a fine, or
2.
is contrary to an immediate provision in European Union legislative acts which is in line with a system of legislation; to which the provisions referred to in paragraph 1 (2), (7) or (8) shall authorise, in so far as a regulation referred to in the second sentence of the second sentence refers to that fine for a particular offence.
The Federal Ministry for the Environment, Nature Conservation and Nuclear safety shall be authorised, in so far as it is necessary for the enforcement of the acts of the European Union, to designate, by means of a regulation with the consent of the Bundesrat, the facts which are punishable as an administrative offence .(4) In the cases referred to in paragraphs 1 and 3 (1) (a) and (2), the administrative offence may be punishable by a fine of up to EUR 50 000 and, in the other cases, with a fine of up to ten thousand euros.(5) Administrative authority within the meaning of Section 36 (1) (1) of the Law on 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)

Achter Part
Final Provisions

unofficial table of contents

§ 66 retribution of regulations

(1) (omitted) (2) Until the entry into force of appropriate Legal regulations or general administrative provisions in accordance with this Act are the General Administrative Regulation for the Protection against Noise Emission Noise Emissions-of the 19. August 1970 (supplement to the BAnz. No 160 of the 1. September 1970). Unofficial table of contents

§ 67 Transitional provision

(1) A permit that is granted prior to the entry into force of this law in accordance with § 16 or § 25 (1) of the Commercial order has been granted, shall be continued as a permit under this Act.An installation in need of approval which has been established or substantially modified at the date of entry into force of the Regulation pursuant to Article 4 (1), third sentence, or which has been initiated or which has been substantially amended, shall be subject to a period of three years. months after the date of entry into force of the Regulation of the competent authority, provided that the installation was not in need of approval pursuant to § 16 (1) or § 25 (1) of the Commercial Code or has been indicated in accordance with Article 16 (4) of the Industrial Code is. 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 brought to an end in accordance with the provisions of this Act and of the laws, regulations and administrative provisions based on this Law.(5) As far as the Act transposing the Industrial Emissions Directive of 8. April 2013 (BGBl. 734), new requirements have been laid down, these requirements for installations under the Industrial Emissions Directive will not be met until the 7th meeting of the European Parliament. 1 January 2014, if before 7. January 2013
1.
the asset was in operation, or
2.
a permit has been granted for the asset or a full permit application has been submitted by the subcarrier.
Existing assets as set out in the first sentence, not listed in Annex I of Directive 2008 /1/EC of the European Parliament and of the Council of 15 January 2008 on Integrated Pollution Prevention and Control (OJ C 327, 28.2.2008, 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, the requirements referred to in paragraph 7 above shall apply as from 7. July 2015.(6) A permit issued under this Act for an asset for handling
1.
modified microorganisms,
2.
genetically modified cell cultures, unless they are intended to be regenerated to plants,
3.
Ingredients or metabolic products of microorganisms according to point 1 or cell cultures according to point 2, insofar as they are biologically active, recombinant nucleic acid
, except for installations which are solely for research purposes, shall continue to apply after the entry into force of a law governing the regulation of genetic engineering issues. Paragraph 4 shall apply accordingly.(7) A plan determination or approval under the Waste Act shall continue as a permit under this Act. 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 shall apply accordingly.(8) For the emission declarations to be issued for the year 1996, § 27 is in the 14. It will continue to apply in force in October 1996.(9) Construction permits for wind turbines with a total height of more than 50 metres, up to 1. The authorisations under this Act shall be deemed to have been granted in July 2005. Licences for wind farms issued under this Act shall be considered as authorisations for the individual wind turbines. Procedure for the granting of a construction permit for wind turbines before the 1. The provisions of the Regulation on approved installations and Annex 1 to the Environmental Impact Assessment Act, as previously amended, shall be completed in accordance with the provisions of the Regulation on the requirements of the Regulation on the assessment of the environment and the requirements of the Regulation on the assessment of the environment, The connection granted to building permits shall apply in accordance with the first sentence. Where a proceeding under sentence 3 is amended in a claim for the grant of a permit under this Act, that amendment shall be deemed to be relevant.(10) § 47 (5a) shall apply to the procedures for the establishment or modification of air pollution control plans in accordance with § 47, which shall be adopted after the 25. The report was launched in June 2005.(11) For fuels which are up to 31 § § 37a to 37f shall be placed on the market on 31 December 2014. December 2014 shall apply. The further treatment of biofuel quantities which exceed the minimum percentage for the calendar year 2014 and whose offsetting to the 2015 commitment year was requested by the pledge is based exclusively on the one on the 1. The rules in force in January 2015. Non-official table of contents

§ 67a Overline regulation on the occasion of the production of Germany's unity

(1) In the article 3 of the The area referred to in the contract shall be subject to an approved facility prior to 1 January 2008. The competent authority shall be indicated within six months of the date on which it was established or commenced prior to the date on which it was set up before that date. The display shall be accompanied by documents relating to the type, scope 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 change the location, condition or operation of an installation requiring approval shall be subject to the conditions laid down in Exceeding of an immission value by the immission bias is not failed if
1.
Additional load is minor and with a significant reduction of the immission load in the area of impact of the plant within five years from approval to be expected or
2.
in connection with the project Plants are shut down or improved and thereby a reduction of the preload is brought about, which in the annual average at least twice as is as large as the additional load caused by the new installation.
(3) As far as the technical guidance on clean air of the 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 laid down for the territory referred to in Article 3 of the agreement shall be extended by one year; the date on which the deadline shall begin shall be: the 1. July 1990. Non-official table of contents

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

(Change of Legislation, transfer of references, waiver of rules) Unofficial table of contents

§ 73 Administrative procedure provisions

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. Non-official table of contents

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

(Fundstelle: BGBl. I 2013, 1311)

In the determination of the state of the art, taking into account the proportionality between the effort and benefits of possible measures as well as the principle of prevention and prevention, in each case related to plants of a particular type, in particular the following criteria:
1.
Use waste-less Technology,
2.
Use less hazardous substances,
3.
Promotion of recovery and Recycling of the substances produced and used in the various processes and, where appropriate, the waste,
4.
comparable procedures, devices and Operating methods that were tested with success in operation
5.
advances in technology and scientific knowledge
6.
type, impact, and quantity of emissions,
7.
Time points of commissioning of the new or of existing assets,
8.
time required to introduce better available technology,
9.
consumption of raw materials and the type of raw materials used in each process (including water) as well as energy efficiency,
10.
The need to avoid or reduce the overall impact of emissions and the hazards to humans and the environment as much as possible
11.
The need to prevent accidents and their consequences for humans and the environment,
12.
Information published by international organizations,
13.
Information that is available in BVT information sheets are included.