Law On The Reduction Of Air Pollution By Lead Compounds In Petrol For Kraftfahrzeugmotore

Original Language Title: Gesetz zur Verminderung von Luftverunreinigungen durch Bleiverbindungen in Ottokraftstoffen für Kraftfahrzeugmotore

Read the untranslated law here: http://www.gesetze-im-internet.de/bzblg/BJNR012340971.html

Law on the reduction of air pollution by lead compounds in petrol for Kraftfahrzeugmotore (gasoline lead law - BzBlG) BzBlG Ausfertigung date: 05.08.1971 full quotation: "petrol lead law of August 5, 1971 (BGBl. I p. 1234), most recently by article 58 of regulation by October 31, 2006 (BGBl. I S. 2407) is changed" stand: last amended by article 58 V v. 31.10.2006 I 2407 for more information on the stand number you see in the menu see remarks footnote (+++ text detection from validity) : 1.1.1977 +++) (+++ requirements due to EinigVtr no longer to apply pursuant Article 109 No. 6 2(2)(a) DBuchst. dd G v. 8.12.2010 I 1864 mWv 15.12.2010 +++) (+++ official note of the standard authority on EC law: implementation of EWGRL 611/78 (CELEX Nr: 378 L 0611) +++) input formula the Bundestag approved the following law with the consent of the Federal Council: section 1 purpose and field of application of the law (1) purpose of this law is to restrict the content of lead compounds and metal compounds used to others instead of lead in petrol to protect of health. As far as it is compatible with the protection of health, these disruptions, distortions of competition or disadvantages with regard to the availability of petrol should be avoided.
(2) this law shall apply on petrol destined for Kraftfahrzeugmotore.

Section 2 limitation and prohibition of additives with metal compounds (1) petrol containing lead compounds, expressed as lead, more than 0.15 grams in litre (measured at + 15 degrees C) amounts, can enterprises commercially or within the framework of economic are not produced, imported or spent otherwise within the territorial scope of this Act. Petrol, whose motor octane number 95 value is less than the value of 85 and whose research octane number, may be placed as of February 1, 1988, only if their content of lead compounds, expressed as lead, not exceeding 0.013 g in litre (measured at + 15 degrees C) is. The octane ratings are for this in the regulation according to § 2a para 3 to determine test procedures pursuant to sentence 2. The clogging of lead compounds is equivalent to manufacture within the meaning of this Act.
(2) petrol, non-approved accessories with other metal compounds containing can be produced commercially or within the framework of economic activities does not, imported or otherwise spent in the territorial scope of this Act. Paragraph 1 set 4 shall apply accordingly for these additions. The Federal Office of Economics and export control (BAFA) may allow accessories on request in consultation with the Federal Environmental Agency and the Federal Environment Agency pursuant to sentence 1 up to a certain permissible maximum content in the petrol, so far as this is compatible with the protection of the general public, in particular the protection against adverse environmental impacts. The approval can be granted under conditions, associated with conditions and limited. She can be revoked if the conditions for approval are no longer. In agreement with the Federal Ministry of Economics and technology, the Federal Ministry for environment, nature conservation and nuclear safety shall adopt pursuant to sentence 1 administrative provisions relating to the principles of the approval of accessories.

Consumer protection (1) who in the course of trade of petrol to the consumer sold § 2a, must clearly indicate the quality of the offered petrol in terms of the effects on the motor behavior of legal regulation under paragraph 3 by award at the gas pumps or otherwise at the gas station at least ensured by the manufacturer. The supplier has to inform the Auszeichnungspflichtigen on the quality of the delivered Otto fuel.
(2) the manufacturer and commercial importers of motor vehicles have to publicly disclose the for their gasoline engines recommended fuel qualities in accordance with the Legislative Decree pursuant to paragraph 3.
(3) the Federal Government is authorized set 1 by legal regulation, which requires not the consent of the Federal Council, for more information on the form and contents of award referred to in paragraph 1, to determine sentence 2 and announcing the notification referred to in paragraph 1 referred to in paragraph 2 and to set which still in the operation of motor vehicles the obligation extends to paragraph 2.

On request, exemptions from the prohibition of § 2 para 1 § 3 approve exceptions (1) that can Federal Office of Economics and export control (BAFA) as far as compliance with the permissible maximum content of lead compounds would cause a significant threat to the supply.
(2) the Federal Office of Economics and export control (BAFA) may grant exemptions from the prohibition of § 2 para 1 on request as far as compliance with the permissible maximum content of lead compounds would mean an unreasonable hardness for the applicant and the exceptions do not run counter to the purpose of the Act.
(2a) the Federal Office of Economics and export control (BAFA) may grant also 1 to get manufacturer for petrol destined for export, as far as this no risk of supply is the exemptions from the prohibition of § 2 para 1 on request and does not preclude the right of the State concerned, 2. as far as the content of the mixture of lead compounds under the limit of § 2 para 1 is lowered the importers or shipping provider for petrol for mixing,.
(3) the authorisation can be granted under conditions and associated conditions; She can be revoked. The grant is to be, in the case of paragraph 2 for an exemption from the limit of 0.40 Gram lead in litre at the most until 31 December 1973, and for an exemption from the limit of 0.15 grams lead in litre at the most until 31 December 1977 (4) shall be adopted by the Federal Ministry for environment, nature conservation and nuclear safety legislation on the principles in agreement with the Federal Ministry of finance and the Federal Ministry of Economics and technology , are to be observed for the granting of exceptions.

§ 3a output to compensate for competitive advantages for exemptions (1) for an exception permit, which is granted for a period of time between January 1, 1976, and December 31, 1977, pursuant to article 3, paragraph 1 or 2 who granted the exception, to pay a levy of 0.5 cents per litre petrol with a lead content up to 0.25 grams and a levy of one cent per litre petrol with a lead content higher on the waist has. The volume is the amount of duties at + 12 degrees C. The tax arises when petrol is manufactured, imported, or otherwise spent in the area of application of this Act in relation to the exemptions in factories or warehouses. She is due at the end of the second month following date respectively.
(2) the debtor has for each month of the period to which the exemptions is been limited to sign the competent principal Customs Office to the end of the following month, whether and to what extent a tax was created. The registration is not or not timely, it is assumed that the exemptions have been fully utilized and developed the tax referred to in paragraph 1. The tax is to be paid by the due date to the competent principal Customs Office unsolicited. Unless the law States otherwise, find for the establishment, collection, enforcement and the out-of-court redress procedures the requirements of the first through seventh part of the tax code with the exception of § § 30, 76, 172 para 1 No. 2, sections 215 and 221 mutatis mutandis. The fixing period is one year. It begins at the end of the calendar year in which the tax arose. The sections 228 to 232 of the tax code shall apply mutatis mutandis to the payment limitation.
(3) in agreement with the Federal Ministry for environment, nature conservation and nuclear safety and the Federal Ministry of Economics and technology, the Federal Ministry of Finance shall adopt regulations about when determining procedure applicable to the collection and recovery of tax.

§ To leading 4 statement about the nature of petrol (1) importation or other spending of petrol in the territorial scope of this Act is to have a written statement of the nature of the Otto fuel and to present the customs services. The importers or who otherwise spends petrol within the territorial scope of this Act, has this explanation as part of its business documents to be kept.
(2) the Federal Government is authorized to impose by decree with the consent of the Federal Council, what information about the nature of the petrol must contain the written declaration referred to in paragraph 1.

Article 5 monitoring (1) owners or operators of facilities, in which petrol professional or in the framework of economic activities are made, owner and owner of land on which petrol professional or in the framework of economic activities be stored as well as those professional or in the framework of economic activities introduce the petrol or spend in the territorial scope of this Act, have to provide the information the law of country competent authority on request that are needed for the implementation of this Act or a regulation adopted on the basis of this Act.
(2) the debtor information the information on such questions, may refuse the answer himself or an expose of the Nos. 1 to 3 of the code of civil procedure referred to members of the danger of criminal prosecution or proceedings would in section 383, paragraph 1 according to the law of administrative offences.
(3) the persons appointed by the competent authority with the obtaining of information are authorized within the framework of paragraph 1 to enter land, plants and offices of the respondents, there to make tests and inspections, to take samples and to inspect the business records of the respondents. The party bears the costs incurred in the taking of samples and their investigation.
(4) on the knowledge obtained under paragraphs 1 and 3 and documents are sections 93, 97, 105 paragraph 1, not to apply article 111 paragraph 5 in conjunction with article 105, paragraph 1, and article 116, paragraph 1, of the tax code. This does not apply as far as the financial authorities need the knowledge to perform a procedure due to a Steuerstraftat, as well as a related tax procedures, whose pursuit is a compelling public interest, or where it is deliberately false information of the respondents or the persons working for him.

Section 6 - section 7 offences (1) any person who willfully is or negligently 1 petrol, a) which contain a concentration greater than the permissible according to § 2 para 1 of lead compounds, b) which contain non-approved accessories with other metal compounds, manufactures professional or in the context of an economic enterprise, introduces, spends otherwise within the territorial scope of this Act, or 2. a brings in the traffic,) contrary to section 2a ABS. 1 sentence 1 the minimum guaranteed quality of the offered petrol not or not correctly marked makes , b) contrary to § 2a para 1 sentence 2 the labelling not or not properly taught, c) contrary to section 2a paragraph 2 does not disclose the recommended fuel qualities.
3. contrary to article 4, paragraph 1, sentence 2 the written declaration of the keep, 4. contrary to § 5 paragraph 1 not, incorrectly, incompletely or not timely provide you with an information or not permitted 5. violates article 5 par. 3 a check or visit, the taking of samples or the access to business documents.
(2) the offence can be punished with a fine up to twenty-five thousand euros.
(3) petrol, an offence refers to no. 1 after paragraph 1, can be withdrawn. section 23 of the code of administrative offences is to be applied.

§ 8 import from petrol for defence purposes this law does not apply to the importation of petrol with a price higher than the content set out in § 2 para 1 of lead compounds, if imports on the basis of relevant international agreements is required the Federal Republic of Germany for defense purposes.

Section 9 Berlin clause this law shall apply in accordance with § 13 ABS. 1 of the third of transfer Act of January 4, 1952 (Bundesgesetzbl. I p. 1) also in the Federal State of Berlin. Regulations, which are adopted on the basis of this Act, apply in the Federal State of Berlin according to § 14 of the third of transfer Act.

Article 10 entry into force this law enter into force on the day after its promulgation.