Law for the reduction of air pollution caused by lead compounds in gasoline fuels for motor vehicle motore (Benzinbleigesetz-BzBlG)

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BzBlG

Date of completion: 05.08.1971

Full quote:

" Benzinbleigesetz vom 5. August 1971 (BGBl. 1234), as last amended by Article 58 of the Regulation of 31 December 2008. October 2006 (BGBl. 2407). "

Status:

Last amended by Art. 58 V v. 31.10.2006 I 2407

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 1.1.1977 + + +) 
(+ + + Do not apply measures due to EinigVtr in accordance with the provisions of this Regulation).  Art. 109 No. 6   
 Buchst. a DBuchst. dd G v. 8.12.2010 I 1864 mWv 15.12.2010 + + +) 
(+ + + Official note from the norm-provider on EC law: 
 Implementation of the 
 EWGRL 611/78 (CELEX Nr: 378L0611) + + +) 

  

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Input formula

With the approval of the Federal Council, the Bundestag has adopted the following law: Unofficial table of contents

§ 1 Purpose and scope of the law

(1) The purpose of this law is to restrict the content of lead compounds and other metal compounds added to lead in petrol for the protection of health. In so far as it is compatible with the protection of health, it is intended to avoid supply disruptions, distortions of competition or disadvantages with regard to the usefulness of petrol. (2) This law is applicable to petrol, that are intended for motor vehicle engines. Unofficial table of contents

§ 2 limitation and prohibition of additives with metal compounds

(1) petrol whose content of lead compounds, calculated as lead, is more than 0.15 grams per litre (measured at + 15 °C), may not be manufactured, imported or otherwise produced in commercial or commercial undertakings in the The scope of this law shall be brought. As from 1 February 1988, petrol which has a motor octane number of 85 and a Researchoktan value of which is less than 95 may be placed on the market only if its content of lead compounds, calculated as lead, is not more than 0.013 grams in weight. L (measured at + 15 degrees C). The octane numbers in accordance with the second sentence shall be determined in accordance with the test procedure prescribed for this purpose in the Regulation in accordance with Section 2a (3). For the purposes of this Act, the establishment of lead compounds shall be the same. (2) Ottofuels containing unauthorised additives with other metal compounds may not be used commercially or in the context of economic activities. produced, imported or otherwise brought into the scope of this law. The fourth sentence of paragraph 1 shall apply in respect of these additives. The Federal Office for Economic Affairs and Export Control (BAFA) may, on request and in agreement with the Federal Environment Agency and the Federal Environment Agency, authorise additives in accordance with the first sentence of 1 to a certain maximum permitted content of petrol as far as this is done with the Protection of the general public, in particular the protection against harmful environmental effects. The authorisation may be granted under conditions, subject to conditions and fixed for a period of time. It may be revoked if the conditions for admission are no longer available. The Federal Ministry for the Environment, Nature Conservation and Nuclear Safety, in agreement with the Federal Ministry of Economics and Technology, shall adopt administrative provisions on the principles governing the approval of additives as set out in the first sentence. Unofficial table of contents

§ 2a Consumer protection

(1) Those who sell petrol to the consumer in the course of commercial transport shall have the minimum quality of the petrol offered by the manufacturer in terms of the effects on motor behaviour according to the The right to be clearly identified in accordance with the provisions of paragraph 3 by accolation at the petrol pumps or otherwise at the petrol station. The supplier shall inform the signatory of the quality of the petrol delivered. (2) The manufacturer and the commercial importer of motor vehicles shall have the fuel qualities recommended for their petrol engines in accordance with the (3) The Federal Government is authorized to approximate the form and content of the award referred to in the first sentence of paragraph 1 by means of a decree which does not require the consent of the Federal Council, the first sentence of the the information referred to in the second sentence of paragraph 1 and the notification referred to in paragraph 2 shall be determined and on which motor vehicles still in operation shall be subject to the obligation referred to in paragraph 2. Unofficial table of contents

§ 3 Exceptions

(1) The Federal Office for Economic Affairs and Export Control (BAFA) may, on request, grant exemptions from the prohibition in § 2 para. 1 insofar as compliance with the permissible maximum content of lead compounds leads to a significant risk to the supply of lead compounds. (2) The Federal Office for Economic Affairs and Export Control (BAFA) may, on request, grant exemptions from the prohibition in § 2 para. 1 insofar as compliance with the permissible maximum content of lead compounds for the applicant has an unreasonable degree of hardness and the exceptions to the purpose of the law. (2a) Federal Office of Economics and Export Control (BAFA) may, on request, grant exemptions from the prohibition of § 2 para. 1

1.

the manufacturer for export of certain petrol, in so far as this does not constitute a threat to the supply and does not preclude the right of the State concerned,

2.

the importer or the supplier of petrol intended for mixing, in so far as the content of the mixture of lead compounds is reduced to below the limit of § 2 (1).

(3) The authorization may be granted subject to conditions and subject to conditions; it may be revoked. The authorization shall be limited, in the case referred to in paragraph 2, for an exemption from the limitation to 0,40 grams of lead in the litre not later than 31 December 1973, and for an exemption from the limit to 0.15 grams of lead in the litre to the maximum of 31 December 1973. December 1977. (4) The Federal Ministry for the Environment, Nature Conservation and Nuclear Safety, in agreement with the Federal Ministry of Finance and the Federal Ministry for Economic Affairs and Technology, shall adopt administrative provisions on the principles which: in the case of the granting of exemptions. Unofficial table of contents

Section 3a levy to compensate for competitive advantages in the case of an exceptional authorization

(1) In the case of a derogation granted for a period between 1 January 1976 and 31 December 1977 in accordance with Article 3 (1) or (2), the person to whom the derogation is granted shall submit to the Federal Government a charge of 0.5 cents per litre. To pay petrol with a lead content of up to 0.25 grams and a charge of one cent per litre of petrol with a higher lead content. The quantity to be taxed is the volume at + 12 ° C. The levy is produced when petrol is manufactured, imported or otherwise covered by the exemption in production plants or warehouses. is spent. It shall be due at the end of the second month following that date. (2) The debtor shall, for each month of the period on which the derogation has been granted, the competent principal customs office until the end of the following month. to register if and at what level a levy has been created. If the application is not received or not in good time, it shall be presumed that the exceptional authorisation has been fully exploited and that the charge referred to in paragraph 1 has been incurred. The charge is to be paid unsoliciteduntil the due date to the responsible main customs office. Unless otherwise specified in this Act, the provisions of the First to Seventh Part of the Tax Code shall apply to the setting, collection, enforcement and the out-of-court redress procedure, with the exception of their § § 30, 76, 172 (1). No 2, § § 215 and 221 corresponding application. The period of the fixing period shall be one year. It shall begin with the end of the calendar year in which the levy has been incurred. § § 228 to 232 of the Tax Code shall apply in respect of the period of payment limitation. (3) The Federal Ministry of Finance shall, in agreement with the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety, and the Federal Ministry for Economic Cooperation and Development, adopt the following rules: Economy and technology administrative provisions relating to the procedure to be followed in the determination, collection and recovery of the levy. Unofficial table of contents

Section 4 Declaration on the nature of gasoline fuels to be introduced

(1) In the case of the import or other movement of petrol into the scope of this Act, a written declaration on the nature of the petrol shall be carried out and shall be submitted to the customs services. The importer or the person who otherwise spends petrol in the scope of this Act shall keep this declaration as part of his business documents. (2) The Federal Government shall be authorized by means of a legal regulation to: To require the approval of the Federal Council, which information on the nature of the petrol must contain the written declaration referred to in paragraph 1. Unofficial table of contents

§ 5 Monitoring

(1) Owners or operators of installations in which petrol is manufactured commercially or within the framework of economic undertakings, owners and owners of land on which petrol fuels are commercially available or within the scope of the economic undertakings, and those who import petrol or, in the context of economic activities, or otherwise fall within the scope of this law, shall be subject to national law shall, at the request of the competent authority, provide the information necessary for the implementation of this (2) The information provided for the information may refuse to answer any such questions, the answers of which shall be answered by him or by one of the questions referred to in § 383 (1) (1) to (3) of the (3) Persons designated by the competent authority with the collection of information shall be subject to criminal proceedings or proceedings under the law on administrative offences. shall be entitled, within the framework of paragraph 1, to the premises, installations and premises of the To enter the person responsible for the information, to carry out checks and inspections there, to take samples and to inspect the business documents of the party responsible for providing the information. The costs incurred in the removal of the samples and their examination shall be borne by the party responsible for providing information. (4) The knowledge and documents obtained pursuant to paragraphs 1 and 3 shall be § § 93, 97, 105 (1), § 111 (5) in conjunction with § 105 (1). and Section 116 (1) of the Tax Code shall not apply. This shall not apply in so far as the financial authorities require the knowledge of the implementation of a procedure for a tax offence and related taxation procedures, in the pursuit of which there is a compelling public interest , or in the case of intentionally incorrect information from the party responsible for information or the persons working for him. Unofficial table of contents

§ 6

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§ 7 Administrative Offences

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

1.

Petrol,

a)

which contain a higher than the permitted content of lead compounds as permitted under section 2 (1),

b)

the non-approved additives containing other metal compounds,

in the form of a commercial or economic enterprise, otherwise spends or placed on the market within the scope of that law,

2.

a)

Contrary to the first sentence of Article 2a (1), the minimum guaranteed quality of the petrol offered does not, or is not properly marked,

b)

Contrary to Section 2a (1) sentence 2, the person responsible for the identification is not informed or is not properly informed,

c)

Contrary to Section 2a (2), the recommended fuel qualities are not disclosed.

3.

Contrary to § 4 (1) sentence 2, the written declaration of the manufacturer is not kept,

4.

, contrary to Section 5 (1), information is not provided, not correct, not complete or not in good time, or

5.

Contrary to Section 5 (3), examination or inspection, the taking of samples or the inspection of a business document are not permitted.

(2) The administrative offence may be punishable by a fine of up to twenty-five thousand euros. (3) Gasoline fuels, to which an administrative offence referred to in paragraph 1 (1) is concerned, may be recovered. § 23 of the Law on Administrative Offences shall apply. Unofficial table of contents

Section 8 Imports of petrol fuels for defence purposes

This law shall not apply to the import of petrol with a higher than the content of lead compounds as defined in section 2 (1), if the import is based on the relevant international agreements of the Federal Republic of Germany Germany is required for defence purposes. Unofficial table of contents

§ 9 Berlin clause

This law applies in accordance with Section 13 (1) of the Third Transfer Act of 4 January 1952 (Bundesgesetzbl. I p. 1) also in the Land of Berlin. Legal orders issued pursuant to this Act shall apply in the Land of Berlin pursuant to Section 14 of the Third Transfer Act. Unofficial table of contents

Section 10 Entry into force

This Act shall enter into force on the day following its announcement.