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Law on Environmental Impact Assessment

Original Language Title: Gesetz über die Umweltverträglichkeitsprüfung

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Law on Environmental Impact Assessment (UVPG)

Unofficial table of contents

UVPG

Date of completion: 12.02.1990

Full quote:

" Law on Environmental Impact Assessment in the Version of the Notice of 24 February 2010 (BGBl. 94), the last of which is Article 10 of the Law of 25 July 2013 (BGBl. 2749).

Status: New by Bek. v. 24.2.2010 I 94
Last amended by Art. 10 G v. 25.7.2013 I 2749

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof: 21.2.1990 + + +) 
(+ + + For application cf. L v. 12.2.1990 I 205 Art. 14 (2) and (2) 3 + + +)
(+ + + Official note from the norm-provider on EC law:
Implementation of the
EWGRL 337/85 (CELEX Nr: 31985L0337)
Implementation of the
EECGRL 337/85 (CELEX Nr: 31985L0337) Art. 2 G v. 17.8.2012 I 1726 + + +)

The G was referred to as Article 1 (d). G v. 12.2.1990 I 205 adopted by the Bundestag with the consent of the Bundesrat. The rules d. G who authorise the adoption of legal regulations and general administrative provisions shall act in accordance with the provisions of this Regulation. Article 14 (1), first sentence, on the basis of d. Art. 14 (2) and 3 on 21 February 1990; otherwise, the G gem shall enter into force. Article 14 (1), second sentence, on the basis of d. Art. 14 (2) and 3 G v. 12.2.1990 I 205 on 1.8.1990 in force. Unofficial table of contents

Content Summary

Part 1
General rules on environmental testing
§ 1 Purpose of the law
§ 2 Definitions
§ 3 Scope
Part 2
Environmental Impact Assessment (EIA)
Section 1
Requirements for an environmental impact assessment
§ 3a Determination of the UVP duty
Section 3b EIA duty on the basis of the nature, size and performance of the projects
§ 3c UVP-duty in individual cases
§ 3d (dropped)
§ 3e Amendments and enlargements of EIA-subject-related projects
§ 3f UVP-subject development and testing projects
§ 4 Priority of other legal provisions in the EIA
Section 2
Procedural steps of environmental impact assessment
§ 5 Information on documents likely to be provided
§ 6 Documents of the institution of the project
§ 7 Participation of other authorities
§ 8 Cross-border authorities
§ 9 Participation of the public
§ 9a Cross-border public participation
Section 9b Cross-border authorities and public participation in foreign projects
§ 10 Secrecy and data protection
§ 11 Summary of the environmental impact
§ 12 Assessment of the environmental impact and taking into account the outcome of the decision
§ 13 Advance notice and partial authorisations
§ 14 Approval of a project by several authorities
Part 3
Strategic Environmental Assessment (SEA)
Section 1
Requirements for a Strategic Environmental Assessment
§ 14a Determination of the SUP duty
Section 14b SUP duty in certain areas of plan or programme and on a case-by-case basis
§ 14c SUP duty due to impact assessment
§ 14d Exceptions to the SUP obligation
Section 2
Procedural steps of the Strategic Environmental Assessment
§ 14e Priority of other legislation in the SUP
§ 14f Definition of the investigative framework
§ 14g Environmental report
§ 14h Participation of other authorities
§ 14i Participation of the public
§ 14j Cross-border authorities and public participation
§ 14k Final evaluation and consideration
§ 14l Announcement of the decision on the adoption of the plan or programme
§ 14m Monitoring
§ 14n Common procedures
Part 4
Specific procedural requirements for environmental audits
§ 15 Determination of the lines and approval of aerodros
§ 16 Spatial planning plans; spatial planning procedures
§ 17 Establishment of construction plans
§ 18 Bergrechtliche Procedures
§ 19 Land Cleanup
§ 19a Strategic environmental assessment of landscape planning
§ 19b Strategic environmental assessment for road transport planning at the federal level
Part 5
Provisions relating to certain management systems and other installations (Annex 1 (19))
§ 20 Plan determination; plan approval
Section 21 Decision; secondary provisions
Section 22 Procedure
Section 23 Fines
Part 6
Final provisions
§ 24 Administrative provisions
§ 24a Provisions on administrative procedures
Section 25 Transitional provision

Part 1
General rules on environmental testing

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§ 1 Purpose of the Law

The purpose of this law is to ensure that, in the case of certain public and private projects, and in the case of certain plans and programmes, effective environmental protection shall be based on uniform principles
1.
the environmental impact of environmental assessments (Environmental Impact Assessment and Strategic Environmental Assessment) is identified, described and evaluated at an early stage,
2.
the results of the environmental audits carried out
a)
in all official decisions concerning the admissibility of projects,
b)
when drawing up or amending plans and programmes
shall be taken into account as early as possible.
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§ 2 Definitions

(1) The environmental impact assessment is an independent part of administrative procedures which are used to determine the admissibility of projects. The environmental impact assessment shall include the identification, description and evaluation of the direct and indirect effects of a project.
1.
people, including human health, animals, plants and biodiversity,
2.
soil, water, air, climate and landscape,
3.
cultural goods and other materials, and
4.
the interaction between the above-mentioned protective goods.
It shall be carried out with the participation of the public. If the admissibility of a project is decided within the framework of a number of procedures, the partial tests carried out in these procedures shall be combined to give an overall assessment of all environmental impacts. (2) A project shall be
1.
in accordance with Annex 1
a)
the establishment and operation of a technical installation,
b)
the construction of any other plant,
c)
the implementation of any other action taken in nature and landscape;
2.
the amendment, including enlargement,
a)
the location, nature or operation of a technical installation,
b)
the location or nature of any other plant,
c)
the implementation of any other action taken in nature and landscape.
(3) Decisions within the meaning of the first sentence of paragraph 1 shall be
1.
authorisation, authorisation, approval, decision-making decision and other official decisions concerning the admissibility of projects which are subject to an administrative procedure, with the exception of notification procedures,
2.
Line provisions and decisions in advance procedures in accordance with § § 15 and 16 (1) to (3),
3.
Decisions pursuant to Section 10 of the Civil Code on the establishment, amendment or amendment of development plans, which are intended to justify the admissibility of certain projects within the meaning of Annex 1, as well as decisions pursuant to Section 10 of the Civil Code on Construction Law on Development plans to replace plan-setting decisions for projects within the meaning of Appendix 1.
(4) The Strategic Environmental Assessment is an independent part of regulatory procedures for the establishment or modification of plans and programmes adopted by an authority, a government or by a legislative procedure. (5) Plans and programmes within the meaning of this Act are plans and programmes provided for by law or by legal acts of the European Union, which shall be drawn up, adopted or amended by an authority by: Laws, regulations or administrative provisions are required. Exceptions are plans and programmes which serve solely for the purposes of defence or civil protection, as well as financial and budgetary plans and programmes. (6) The public within the meaning of this Act are individual or several natural or legal persons and their associations. For the purposes of this Act, the public concerned shall, for the purposes of the procedures referred to in the first sentence of paragraph 1 and paragraph 4, be each person whose interests are by a decision within the meaning of paragraph 3 or a plan or programme within the meaning of paragraph 5. , including associations whose statutory responsibilities are affected by a decision within the meaning of paragraph 3 or a plan or programme within the meaning of paragraph 5, including associations for the promotion of the Environmental protection. Unofficial table of contents

§ 3 Scope

(1) This Act shall apply to the projects listed in Appendix 1. The Federal Government is authorized, by means of a regulation with the consent of the Federal Council
1.
to include projects in Annex 1 which, by virtue of their nature, size or location, may have a significant impact on the environment;
2.
To remove projects from Annex 1, in compliance with European Union acts, which, according to the present findings, do not have a significant impact on the environment.
To the extent that use is made of the authorization, the Federal Government is also empowered to make necessary consequential changes in references contained in the provisions of this Act to certain projects listed in Appendix 1. Legal regulations on the basis of this authorization shall require the approval of the Bundestag. The consent shall be deemed to have been granted if the Bundestag has not refused to consent within three weeks of the submission of the Federal Government's submission. (1a) This Act shall also apply to plans and programmes from the fields of Agriculture, forestry, fisheries, energy, industry, including mining, transport, waste management, water management, telecommunications, tourism, land-use planning or land use listed in Appendix 3, and for Other plans and programmes for which a Strategic Environmental Assessment (Strategic Environmental Assessment) is to be carried out in accordance with § § 14b to 14d or pre-examination. The Federal Government is authorized, by means of a regulation with the consent of the Federal Council
1.
include plans and programmes likely to have a significant impact on the environment for the implementation of binding European Union legal acts in Annex 3;
2.
To remove plans and programmes from Annex 3, in compliance with European Union acts, which are likely to have no significant impact on the environment, according to the findings available.
(2) The Federal Ministry of Defence is authorized, in agreement with the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety, to determine, without the consent of the Federal Council, by means of a legal regulation, that for projects which the Defence, the application of this law may be excluded or exceptions may be permitted by the requirements of this Act, in so far as compelling reasons of defence or the fulfilment of intergovernmental obligations require it. The protection against significant adverse environmental effects shall be taken into account. Any other legislation relating to the authorisation procedure shall remain unaffected. The Federal Ministry of Defence shall annually inform the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety of the application of the legal regulation adopted pursuant to the first sentence of this sentence.

Part 2
Environmental Impact Assessment (EIA)

Section 1
Requirements for an environmental impact assessment

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Section 3a Determination of the EIA duty

The competent authority shall, at the request of the institution of a project or on the occasion of a request pursuant to § 5, otherwise after the beginning of the procedure used for the decision on the admissibility of the project, shall, on the basis of appropriate information, provide: for the project and its own information, it shall immediately determine whether, in accordance with § § 3b to 3f, there is an obligation to carry out an environmental impact assessment for the project. This statement shall be made available to the public in accordance with the provisions of the Federation and the Länder on access to environmental information, provided that a preliminary examination of the individual case has been carried out in accordance with § 3c of the Federal Republic of Germany and of the Federal Republic of Germany. Environmental impact assessment shall be made known. The determination shall not be subject to self-determination. If the finding that an EIA is to be maintained is based on a preliminary examination of the individual case in accordance with § 3c, the assessment of the competent authority in a judicial procedure concerning the decision on the admissibility of the project is only to check whether the preliminary examination has been carried out in accordance with the requirements of § 3c and whether the result is comprehensible. Unofficial table of contents

§ 3b EIA-obligation on the basis of the nature, size and performance of the projects

(1) The obligation to carry out an environmental impact assessment shall be carried out in respect of a project listed in Appendix 1 where the characteristics specified for the purpose of determining the nature of the project are available. If values or performance values are specified, an environmental impact assessment shall be carried out if the values are reached or exceeded. (2) The obligation to carry out an environmental impact assessment shall also apply where: several projects of the same type, which are to be carried out simultaneously by the same or several institutions and which are closely related (cumulative projects), together with the relevant values or performance values, or . There is a close link when these projects are
1.
as technical or other installations situated on the same operating or construction site, and connected to joint operational or structural facilities, or
2.
as other measures engaging in nature and landscape in a close spatial context
and if they serve a comparable purpose. Rates 1 and 2 shall apply only to projects which, in each case, reach or exceed the values for the site-related preliminary examination or, where such a value is not provided, the values for the general pre-examination according to Appendix 1, column 2. (3) If the relevant value or benefit value is first reached or exceeded by the modification or extension of an existing project not previously subject to an EIA, an environmental impact assessment shall be carried out for the modification or extension. taking into account the environmental impact of the existing, previously not To carry out an EIA-based project. Existing projects shall also be cumulative projects within the meaning of the first sentence of paragraph 2. The stock falling within the respective scope of Directives 85 /337/EEC and 97 /11/EC, but reached before the expiry of the relevant transposition periods, remains with regard to the achievement or exceeding of the quantities or performance values unaccounted for. The rates 1 to 3 shall not apply to the industrial zones and urban development projects listed in Appendix 1, No 18.5, 18.7 and 18.8. The first sentence shall apply to the projects referred to in Appendix 1, point 14.4 and 14.5, provided that, in addition to a close spatial relationship, there is also a close temporal relationship. Unofficial table of contents

§ 3c UVP-obligation in individual cases

Where a general preliminary examination of the individual case is provided for in Appendix 1 for a project, an environmental impact assessment shall be carried out if the project is assessed by the competent authority on the basis of an overdue consideration of the project. Consideration of the criteria listed in Appendix 2 may have significant adverse environmental effects, which should be taken into account in accordance with Section 12. If a site-related preliminary examination of the individual case is provided for a project of small size or performance, the same shall apply if, in spite of the small size or performance of the project, the project is based on specific local conditions, in accordance with the the protection criteria listed in Appendix 2 (2) are likely to have significant adverse environmental effects. In the case of the preliminary tests, account must be taken of the extent to which the environmental impact of the preventive and reduction measures provided for by the institution of the project is manifestly excluded. The general pre-examination must also take into account the extent to which test values for size or performance which open the preliminary test are exceeded. For the first-time attaining or exceeding and any further exceeding of the test values for size or performance, § 3b para. 2 sentence 1 and 2 and para. 3 shall apply accordingly. The implementation and the result of the preliminary examination must be documented. Unofficial table of contents

§ 3d (omitted)

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Section 3e Changes and extensions of EIA-subject-related projects

(1) The obligation to carry out an environmental impact assessment shall also apply to the modification or extension of a project which, as such, is already subject to an EIA obligation, if:
1.
quantities or performance values specified in Appendix 1 for projects in column 1 shall be reached or exceeded by the change or extension itself, or
2.
a preliminary examination of the individual case within the meaning of § 3c, sentence 1 and 3, shows that the change or extension may have significant negative environmental effects; the preliminary examination also includes previous changes or extensions of the EIA-based project for which no environmental impact assessment has been carried out in accordance with the relevant version of this Act.
(2) In order to extend the projects referred to in Appendix 1 Nos. 18.1 to 18.8 and to amend the projects listed in Appendix 1, point 18.8, paragraph 1 (2) shall apply with the proviso that the relevant project for the construction of the project in question shall be subject to the following: Test value is reached or exceeded. Unofficial table of contents

§ 3f UVP-subject development and testing projects

(1) Where a project listed in column 1 of Appendix 1 is used exclusively or primarily for the development and testing of new processes or products (development and testing projects) and shall not be carried out for more than two years, may be subject to an environmental impact assessment if a preliminary examination of the individual case in accordance with the first sentence of Article 3c, with particular regard to the duration of implementation, reveals that significant adverse environmental effects of the project are not (2) For a project listed in column 2 of Appendix 1, which includes: Development and testing projects are subject to the general regulation of § 3c. Unofficial table of contents

§ 4 Priority to other legal provisions in the EIA

This law shall apply in so far as federal or state legislation does not determine the environmental impact assessment in any more detail or does not comply with the requirements of this law. Legislation with more stringent requirements shall remain unaffected.

Section 2
Procedural steps of environmental impact assessment

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§ 5 Information on documents likely to be provided

(1) In so far as the institution of a project requests the competent authority before the date on which the decision is to be taken on the admissibility of the project, or where the competent authority deems it necessary after the commencement of the procedure, shall advise and inform him, in accordance with the planning stage of the project and on the basis of appropriate information on the project, on the content and scope of the documents likely to be provided in accordance with Article 6 on the environmental impact of the project. Project; § 14f (3) is to be observed. Prior to the notification, the competent authority shall give the institution of the project and the authorities involved in accordance with Article 7 the opportunity to discuss the content and scope of the documents. The meeting will also cover the subject, scope and methods of the environmental impact assessment as well as other issues that are important for the implementation of the environmental impact assessment. Experts, affected communities, authorities to participate in accordance with Section 8 (1), environmental associations recognised in accordance with Section 3 of the German Environmental Law Enforcement Act and other third parties may be consulted. Where the competent authority or the authorities to be involved have information relevant to the provision of the documents in accordance with Article 6, they shall provide this information to the institution of the project. The outcome of the meeting shall be documented by the competent authority. The information shall, in accordance with the planning stage of the project, determine the content and scope of the documents to be provided. (2) The competent authority shall also advise the institution of the project after the notification referred to in paragraph 1, in so far as it is appropriate to: it is appropriate to ensure that the procedure is carried out quickly and properly. Unofficial table of contents

§ 6 Documents of the institution of the project

(1) The institution of the project shall submit the relevant documents relating to the environmental impact of the project to the competent authority at the beginning of the procedure, in which the environmental impact is examined. Where the commencement of the procedure requires a written request, the submission of a plan or any other act of the institution of the project, the documents required by the first sentence shall be submitted in sufficient time to ensure that they are accompanied by the rest of the project. (2) The content and scope of the documents referred to in paragraph 1 shall be determined in accordance with the legislation applicable to the decision on the admissibility of the project. Paragraphs 3 and 4 shall apply in so far as the documents referred to in these paragraphs are not laid down in detail by means of legislation. (3) The documents referred to in paragraph 1 shall contain at least the following information:
1.
description of the project, including information on the location, type and extent of the project, as well as the requirements for ground and ground,
2.
a description of the measures to avoid, reduce or, where possible, compensate for significant adverse environmental impacts of the project, as well as the replacement measures in the case of non-compensable but priority interventions in nature, and Landscape,
3.
a description of the likely significant negative environmental impact of the project, taking into account the general knowledge and the generally accepted methods of testing,
4.
Description of the environment and its components in the area of impact of the project, taking into account the general level of knowledge and the generally accepted methods of examination, as well as information on the population in this area, to the extent that: the description and the information necessary for the identification and evaluation of significant adverse effects on the environment of the project and its contribution to the institution of the project is reasonable,
5.
An overview of the main other possible solutions examined by the institution of the project and indicating the main reasons for the selection of the project in view of the environmental impact of the project.
A general, non-technical summary of the information referred to in the first sentence shall be attached. The information provided for in the first sentence shall enable third parties to assess whether and to what extent they may be affected by the environmental impact of the project. (4) The documents shall also contain the following information, insofar as they are applicable to the Environmental impact assessment according to the nature of the project is required:
1.
Description of the main characteristics of the technical procedures used,
2.
Description of the type and extent of emissions to be expected, waste, waste water, use and design of water, soil, nature and landscape, as well as information on the other consequences of the project, which are likely to result in significant adverse effects on the environment. environmental impact,
3.
Notes on difficulties encountered in compiling the information, such as technical gaps or a lack of knowledge.
The summary referred to in the second sentence of paragraph 3 shall also cover the information referred to in paragraphs 1 and 2. (5) The provisions of paragraphs 1 to 4 shall apply where the competent authority is responsible for the public-law body , which is the institution of the project. Unofficial table of contents

Section 7 Participation of other authorities

The competent authority shall inform the authorities, whose environmental responsibilities shall be affected by the project, of the project, shall forward the documents to them in accordance with Article 6 and shall obtain their opinions. Section 73 (3a) of the Administrative Procedure Act shall apply accordingly. Unofficial table of contents

Section 8 Cross-border official government participation

(1) If a project may have a significant impact on the protected goods referred to in Article 2 (1) sentence 2 in another State, or if such a project is requested by another State, the competent authority shall, at an early stage, inform the competent authority of the said State of the competent authority, on the basis of appropriate documentation on the project, and shall, within a reasonable time, request a notification as to whether or not participation is desired. If the other State has not designated an authority, the supreme authority responsible for environmental matters shall be informed by the other State. Where a participation is deemed necessary, the competent authority shall, at the same time and in the same extent as the competent authority of the other State, shall give the designated competent authority of the other State and other authorities of the other State indicated. pursuant to Section 7 to the participating authorities on the basis of the documents in accordance with § 6 and on the basis of further information pursuant to § 9 (1a) and (1b) sentence 1 no. 2, the opportunity to comment. Section 73 (3a) of the Administrative Procedure Act shall apply. (2) Where necessary or insofar as the other State requests it, the competent federal and state authorities shall conduct within an agreed, appropriate (3) The competent authority shall communicate to the interested parties the information provided to the competent authorities, in particular on the cross-border environmental impact of the project and on the measures to be taken to avoid or reduce them. Authorities of the other State shall have the right to admissibility of the project or to the Disclaimer, including the reasons for the decision and a right of appeal. Provided that the requirements of the principles of reciprocity and equivalence are fulfilled, it may attach a translation of the admissibility decision. (4) Further provisions on the implementation of international obligations of the Federal Government and the Federal Republic of Germany Countries remain unaffected. Unofficial table of contents

Section 9 Participation of the public

(1) The competent authority shall involve the public in the environmental impact of the project. The public concerned shall be given the opportunity to express their views in the context of the participation. The participation procedure must comply with the requirements of section 73 (3) sentence 1, para. 4 to 7 of the Administrative Procedure Act. If the institution of the project changes the documents required in accordance with Section 6 during the course of the procedure, it may be waives that the public shall be again involved in the event that no additional or other significant environmental effects are to be provided. (1a) In the notice at the beginning of the participation procedure referred to in paragraph 1, the competent authority shall inform the public of the following:
1.
the application for a decision on the admissibility of the project, the plan submitted, or any other act of the institution of the project to initiate a procedure in which the environmental impact is examined;
2.
the determination of the EIA-duty of the project in accordance with § 3a and, if necessary, on the implementation of a cross-border participation in accordance with § § 8 and 9a,
3.
the competent authorities responsible for the procedure and the decision on the admissibility of the project, where further relevant information can be obtained and where comments or questions may be submitted, and the the deadlines laid down for their transmission,
4.
the nature of a possible decision on the admissibility of the project,
5.
the indication of which documents have been submitted in accordance with § 6,
6.
the indication of where and during which period the documents shall be interpreted in accordance with § 6 for inspection,
7.
further details of the procedure for public participation.
(1b) In the context of the participation procedure referred to in paragraph 1, the competent authority shall have at least the following documents to be submitted to the public for consultation:
1.
the documents referred to in § 6,
2.
the relevant reports and recommendations concerning the project which the competent authority has advanced at the time of the start of the participation procedure.
Further information which may be relevant to the decision on the admissibility of the project and which is not available to the competent authority only after the start of the participation procedure shall be provided to the public in accordance with the provisions of the Federal Republic of Germany (2) The competent authority, in accordance with Section 74 (5) sentence 2 of the Administrative Procedure Act, has the admissibility decision or the rejection of the project. Make public, and in appropriate application of § 74 (4) sentence 2 (3) By way of derogation from paragraphs 1 to 2, the public shall be involved in the upstream proceedings by the fact that:
1.
the project is made public with the information referred to in paragraph 1a,
2.
the documents required under paragraph 1b may be considered for a reasonable period of time;
3.
the public concerned is given the opportunity to express its views,
4.
the public shall be informed of the decision and the content of the decision shall be made available to the public on the basis of the decision and the information on redress available.
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Section 9a Cross-border public participation

(1) If a project is likely to have significant environmental effects in another State, the public may participate in the proceedings in accordance with Article 9 (1) to (1b) and (3). The competent authority shall work to ensure that:
1.
the project is made known in the other State in an appropriate manner,
2.
indicate which authority and in what form the public concerned may submit to the proceedings in accordance with Article 9 (1) or (3),
3.
it is pointed out that in the procedure laid down in Article 9 (1), with the expiry of the period laid down, all statements which are not based on special private-law titles are excluded,
4.
the decision referred to in Article 8 (3) on the admissibility or refusal of the project to the public concerned in the other State in an appropriate manner and the content of the decision on the grounds and on the basis of a decision Access to the right of appeal is made available.
In an participation procedure referred to in the first sentence, the competent authority of the public concerned of the other State may, by way of derogation from the conditions laid down in Article 3a (2), of the public concerned, (2) The competent authority may require that the institution of the project be the subject of the application of the Administrative Procedures Act. a translation of the summary pursuant to § 6 (3) sentence 2 as well as, where necessary, further for the cross-border public participation of significant information on the project, in particular on transboundary environmental effects, provided that, in relation to the other State, the conditions set out in the principles of (3) Further regulations on the implementation of international legal obligations by the Federal Government and the Länder remain unaffected. Unofficial table of contents

Section 9b Cross-border authorities and public participation in foreign projects

(1) If a project planned in another State may have a significant environmental impact in the Federal Republic of Germany, the German authority which would be responsible for a similar project in Germany shall request the competent authority of the other state-related documents relating to the project, in particular a description of the project and information on its transboundary environmental impact. If it considers it necessary to participate in the authorisation procedure, it shall inform the competent authority of the other State and, if necessary, to provide further information within the meaning of Article 6 (3) and (4), the authorities shall inform the competent authority in accordance with § 6 (3) and (4). 7 on the information and indicate which authority of the other State may be sent an opinion within which period, unless it considers the submission of a uniform opinion to be appropriate. The competent German authority shall ask the competent authority of the other State to provide a translation of appropriate information on the project, in particular on transboundary environmental effects. (2) On the basis of the information provided by the other State the competent German authority shall make the project aware of the project in a suitable manner in the areas likely to be affected by the public, in so far as a public participation in accordance with the rules of the issuing State or that it would be carried out under this law. It shall indicate to which authority of the other State an opinion may be sent, where appropriate within which period, and shall give an opportunity to see the documents within a reasonable period of time. (3) § 8 (2) and (4), § 9 (3). 2 and Section 9a (3) shall apply accordingly. Unofficial table of contents

§ 10 Confidentiality and data protection

The legislation on secrecy and data protection shall remain unaffected. Unofficial table of contents

Section 11 Summary of the environmental impact

The competent authority shall, on the basis of the documents in accordance with § 6, the official statements in accordance with § § 7 and 8 as well as the statements of the public concerned in accordance with § § 9 and 9a, prepare a summary of the the environmental impact of the project and the measures taken to avoid, reduce or compensate for significant adverse environmental impacts, including the replacement of non-compensable but priority interventions in nature and Landscape. The results of their own investigations should be included. The summary presentation shall be drawn up as soon as possible within one month of the conclusion of the discussion in the participation procedure in accordance with Section 9 (1) sentence 3. The summary presentation may be made in the explanatory statement of the decision on the admissibility of the project. The explanatory statement shall include, where necessary, the presentation of preventive, anti-reduction, compensation and replacement measures. Unofficial table of contents

§ 12 Assessment of the environmental impact and taking into account the outcome of the decision

The competent authority shall assess the environmental impact of the project on the basis of the summary presentation in accordance with Article 11, and shall take into account this assessment in the decision on the admissibility of the project with regard to an effective Environmental protection in the sense of § § 1, 2 (1) sentence 2 and 4 in accordance with applicable laws. Unofficial table of contents

Section 13 Advance notice and partial authorisations

(1) Pre-notification and first partial approval or corresponding first partial authorisations may only be granted after an environmental impact assessment has been carried out. In these cases, the environmental impact assessment shall, for the time being, cover the environmental impact of the overall project, which can be identified according to the planning stage, and, in conclusion, on the environmental impact of the environmental impact assessment, which is the subject of a preliminary or partial authorisation. This scope of the environmental impact assessment shall be taken into account in the notification of any documents which are likely to be provided in accordance with § 5 and in the documents referred to in § 6. (2) In the case of further partial authorisations or corresponding partial approvals , the environmental impact assessment should be limited to additional or other significant environmental impacts of the project. Paragraph 1 shall apply accordingly. Unofficial table of contents

Section 14 Approval of a project by several authorities

(1) A project of approval by a number of regional authorities shall be required by the Länder, which shall at least be responsible for the tasks in accordance with Articles 3a, 5 and 8 (1) and (3) and § § 9a and 11. The Länder may delegate further responsibilities to the lead authority in accordance with § § 6, 7 and 9. The lead authority shall carry out its tasks in cooperation with, at least, the regulatory authorities and the nature conservation authority whose remit shall be affected by the project. If a project requires an authorisation under the Atomic Energy Act and an authorisation by one or more other authorities, and one of the competent authorities is a federal authority, the nuclear licensing authority shall be the lead authority. It is responsible for the tasks in accordance with § § 3a, 5 to 8 (1) and (3) as well as § § 9, 9a and 11. (2) The approval authorities have, on the basis of the summary presentation in accordance with § 11, an overall assessment of the environmental impact of the project. , and to take them into account in the decisions taken pursuant to § 12. The lead authority shall ensure the interaction of the regulatory authorities.

Part 3
Strategic Environmental Assessment (SEA)

Section 1
Requirements for a Strategic Environmental Assessment

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Section 14a Determination of the SUP obligation

(1) The competent authority shall determine at an early stage whether, in accordance with § § 14b to 14d, there is an obligation to carry out a Strategic Environmental Assessment. (2) The determination referred to in paragraph 1 shall be established, provided that a preliminary examination of the individual case in accordance with § 14b (2) or § 14d has been made to make the public accessible to the public in accordance with the provisions of the Federation and the Länder on access to environmental information; if a Strategic Environmental Assessment is to be maintained, this shall be the case, including are known to be the main reasons. The determination shall not be subject to self-determination. Unofficial table of contents

Section 14b-SUP-obligation in certain areas of the plan or programme and in individual cases

(1) A Strategic Environmental Assessment shall be carried out in the case of plans and programmes which shall:
1.
listed in Appendix 3, point 1, or
2.
listed in Appendix 3, point 2, and for decisions on the admissibility of projects listed in Appendix 1, or of projects which, according to the law of the country, require an environmental impact assessment or a preliminary examination of the individual case, a framework .
(2) In the case of plans and programmes not covered by paragraph 1, a Strategic Environmental Assessment shall be carried out only if it provides a framework for the decision on the admissibility of projects listed in Annex 1 or other projects; and after a preliminary examination on a case-by-case basis within the meaning of paragraph 4, it is likely to have Section 34 (4) and section 35 (6) of the Civil Code remain unaffected. (3) Plans and programmes set a framework for the decision on the admissibility of projects if they are important for subsequent authorisation decisions, in particular: to the requirements, size, location, nature, operating conditions of projects or use of resources. (4) If the implementation of a Strategic Environmental Assessment is carried out by a preliminary examination of the individual case, the competent authority, taking into account an overdue consideration the criteria listed in Appendix 4 to assess whether the plan or programme is likely to have a significant environmental impact, which would be taken into account in the further erection procedure in accordance with Section 14k (2). The preliminary examination referred to in the first sentence shall take account of the extent to which environmental effects are manifestly excluded by means of preventive and mitigation measures. The authorities referred to in § 14h shall be involved in the pre-trial period referred to in the first sentence. The implementation and the result of the preliminary examination must be documented. Unofficial table of contents

§ 14c SUP-obligation due to an impact assessment

A Strategic Environmental Assessment is to be carried out in the case of plans and programmes which are subject to an impact assessment according to § 36 sentence 1, point 2 of the Federal Nature Protection Act. Unofficial table of contents

§ 14d Exceptions to the SUP obligation

If plans and programmes are only slightly modified in accordance with Article 14b (1) and (14c), or if they determine the use of small areas at local level, a Strategic Environmental Assessment shall be carried out only if a preliminary examination of the individual case is carried out in the The purpose of Section 14b (4) is that the plan or programme is likely to have significant environmental effects. § § 13 and 13a of the Baugesetzbuch as well as § 9 para. 2 of the Spatial Planning Act remain unaffected.

Section 2
Procedural steps of the Strategic Environmental Assessment

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§ 14e Priority of other legislation in the SUP

Without prejudice to § 19a, the provisions of this Section shall apply insofar as federal and state legislation does not determine the Strategic Environmental Assessment or does not comply with it in its requirements. Legislation with more stringent requirements shall remain unaffected. Unofficial table of contents

Section 14f Definition of the investigative framework

(1) The authority responsible for the Strategic Environmental Assessment shall establish the investigative framework of the Strategic Environmental Assessment, including the scope and level of detail of the data to be included in the environmental report in accordance with § 14g. (2) The Examination framework, including the scope and level of detail of the information to be included in the environmental report, shall be determined, taking into account § 2 (4) in conjunction with § 2 (1), in accordance with the legislation applicable to the decision the drawing up, adoption or amendment of the plan or programme. The environmental report shall contain the information which can be obtained at reasonable cost, taking into account the current state of knowledge and public statements of public statements, generally accepted methods of examination, content and The level of detail of the plan or programme and its position in the decision-making process. (3) Plans and programmes are part of a multi-stage planning and authorisation process, designed to avoid duplication of tests in the definition of the The scope of the investigation is to be determined on the basis of the The process of assessing certain environmental impacts is to be considered as a priority. The nature and extent of the environmental impact, technical requirements and the content and decision-making subject of the plan or programme shall be taken into account. In the case of subsequent plans and programmes and in the subsequent approval of projects for which the plan or programme sets a framework, the environmental assessment shall be based on additional or other significant environmental effects and on the following: (4) The authorities whose environmental and health responsibilities will be affected by the plan or programme shall be defined in the definition of the Strategic Framework of the Strategic Reference Framework (Strategic Reference Framework). Environmental assessment and the level and level of detail in the environmental report to be included in the data. The competent authority shall, on the basis of appropriate information, give the authorities to be involved an opportunity for a meeting or an opinion on the provisions to be made pursuant to paragraph 1. Experts, affected communities, authorities to be involved in accordance with § 14j (1), environmental associations recognised in accordance with Section 3 of the Environmental Law Enforcement Act and other third parties may be consulted. Where the authorities to be involved have information relevant to the environmental report, they shall forward them to the competent authority. Unofficial table of contents

§ 14g Environmental Report

(1) The competent authority shall draw up an environmental report at an early stage. It shall identify, describe and assess the likely significant environmental impact of the implementation of the plan or programme and reasonable alternatives. (2) The environmental report referred to in paragraph 1 shall be based on the following: Contain information:
1.
a brief description of the content and the main objectives of the plan or programme, and the relationship with other relevant plans and programmes;
2.
a presentation of the environmental protection objectives of the plan or programme and the way in which these objectives and other environmental considerations have been taken into account in the preparation of the plan or programme,
3.
presentation of the characteristics of the environment, the current state of the environment and its probable development in the event of failure to implement the plan or programme;
4.
an indication of the environmental problems currently facing the plan or programme, and in particular the problems relating to the ecologically sensitive areas referred to in point 2.6 of Appendix 4;
5.
Description of the likely significant environmental impact in accordance with § 2 para. 4 sentence 2 in conjunction with § 2 para. 1 sentence 2,
6.
a presentation of the measures planned to prevent, reduce and, as far as possible, compensate for significant adverse environmental effects resulting from the implementation of the plan or programme,
7.
Notes on difficulties encountered in compiling the information, such as technical gaps or a lack of knowledge,
8.
a brief description of the reasons for choosing the alternatives examined and a description of how the environmental assessment has been carried out,
9.
Presentation of the planned surveillance measures according to § 14m.
The information provided for in the first sentence shall, in accordance with the nature of the plan or programme, enable third parties to assess whether and to what extent they may be affected by the environmental impact of the plan or programme. A general, non-technical summary of the information referred to in this paragraph shall be accompanied by the environmental report. (3) The competent authority shall, provisionally, in the environmental report, assess the environmental impact of the plan or programme with a view to: an effective environmental protection in accordance with § § 1 and 2 (4) sentence 2 in conjunction with § 2 para. 1 sentence 2 in accordance with the applicable laws. (4) Information available to the competent authority from other procedures or activities may be provided in the Environmental report shall be included if it is appropriate and sufficient for the intended purpose are current. Unofficial table of contents

§ 14h Participation of other authorities

The competent authority shall forward to the authorities whose environmental and health responsibilities are affected by the plan or programme, the draft plan or programme, and the environmental report, and shall obtain the opinions of the latter. authorities. The competent authority shall set a reasonable period of at least one month in order to deliver the opinions. Unofficial table of contents

Section 14i Participation of the public

(1) In the case of public participation, Section 9 (1) to (1b) shall apply mutatily, unless otherwise specified in the following. (2) The draft plan or programme, the environmental report as well as other documents the inclusion of which the competent authority shall be responsible for for the appropriate duration of at least one month shall be open to the public at an early stage. Interpretation places shall be laid down by the competent authority, taking into account the nature and content of the plan or programme, in such a way as to ensure the effective participation of the public concerned. (3) The public concerned may be able to: on the draft plan or programme and on the environmental report. The competent authority shall set a reasonable period of at least one month for the statement of opinions. A discussion date shall be carried out in so far as federal legislation provides for certain plans and programmes. Unofficial table of contents

§ 14j Cross-border authorities and public participation

(1) The cross border authorities ' participation shall be subject to § 8. When informing the competent authority of another State, a copy of the plan or programme draft and of the environmental report shall be transmitted. The competent authority shall set a reasonable time limit within which the competent authority of the other State shall have the opportunity to comment. When the plan or programme is adopted, the competent authority shall forward the information referred to in Article 14l (2) to the other State concerned. (2) In the case of cross-border public participation, Section 9a shall apply mutatily. The public in the other state may participate in the proceedings pursuant to section 14i (1) to (3). (3) For the participation of the German authorities and the public in the case of plans and programmes of another state, § 9b shall apply mutatily. Unofficial table of contents

§ 14k Final evaluation and consideration

(1) After the conclusion of the public authorities and public participation, the competent authority shall verify the representations and assessments of the environmental report, taking into account the opinions and comments submitted to it in accordance with § § 14h to 14j. The review shall apply in accordance with Section 14g (3). (2) The result of the review referred to in paragraph 1 shall be taken into account in the procedure for drawing up or amending the plan or programme. Unofficial table of contents

Section 14l The announcement of the decision to adopt the plan or programme

(1) The adoption of a plan or programme shall be made public. The rejection of a plan or programme may be made public. (2) If the plan or programme is adopted, the following information shall be given for the purpose of understanding:
1.
the adopted plan or programme,
2.
a summary statement of how environmental considerations have been included in the plan or programme, such as the environmental report according to § 14g, and the opinions and statements made in accordance with § § 14h to 14j, and for what reasons the the plan or programme adopted has been chosen after consideration with the alternatives examined, and
3.
a list of monitoring measures in accordance with § 14m.
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§ 14m Monitoring

(1) The significant environmental impact resulting from the implementation of the plan or programme shall be monitored in order to identify, in particular, early unforeseen adverse effects and to take appropriate remedial action to: . The necessary monitoring measures must be determined by adopting the plan or programme on the basis of the information provided in the environmental report. (2) Where no divergent competence is laid down by the federal or state legislations, it is the responsibility of the Monitoring of the authority responsible for the Strategic Environmental Assessment. (3) Other authorities shall, on request, provide the competent authority referred to in paragraph 2 with all the environmental information necessary for the performance of the tasks referred to in paragraph 1. (4) The results of the monitoring shall be available to the public in accordance with the To make available to the federal and state authorities the access to environmental information and to the authorities referred to in § 14h, and to take into account the re-establishment or modification of the plan or programme. (5) To be fulfilled the requirements referred to in paragraph 1 may be used to make use of existing monitoring mechanisms, data sources and information sources. Section 14g (4) shall apply accordingly. Unofficial table of contents

§ 14n Common procedures

The Strategic Environmental Assessment may be linked to other tests to identify or assess the environmental impact.

Part 4
Specific procedural requirements for environmental audits

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Section 15 Line determination and approval of aerodros

(1) For the determination of the line in accordance with § 16 (1) of the Federal Law on the Law of the Federal Republic of Germany and in accordance with Section 13 (1) of the Federal Waterlaw Act and in the upstream proceedings pursuant to Section 6 (1) of the Air Traffic Act, the projects listed in Annex 1 shall be determined. Environmental compatibility tested according to the respective planning stage of the project. This provision shall not apply where environmental compatibility has already been carried out in a spatial planning procedure and the requirements of the third sentence and of paragraphs 2 and 3 are satisfied. In the assessment of the environmental compatibility, all seriously considered route variants are to be included in the determination of the line. (2) By way of derogation from § 9 (3), the documents relating to the public participation in the determination of the line shall be made in accordance with § 6 on the initiative of the competent authority in the municipalities in which the project is likely to have an impact, to interpret one month for the purpose of inspection, and the municipalities have previously known the interpretation in a local manner. Anyone may submit their comments up to two weeks after the expiry of the period of interpretation. The public shall be informed of the decision by means of a local notice. (3) In order to participate in the proceedings in advance pursuant to Article 6 (1) of the Air Transport Act, the first sentence of the first and second sentences of paragraph 2 shall apply accordingly. In addition, Section 9 (3) remains unaffected. (4) In the following admission procedure, the assessment of the environmental compatibility can be limited to additional or other significant environmental effects of the project. (5) The line determination in accordance with § 16 (1) The Bundesfernstraßengesetz (Bundesfernstraßengesetz) and § 13 (1) of the Bundeswasserstrasse Act (Bundeswasserstraßengesetz) can only be checked against the subsequent approval decision in the context of the appeal procedure. Unofficial table of contents

Section 16 Spatial planning plans; spatial planning procedures

(1) An environmental impact assessment shall be carried out in accordance with the procedure for the spatial planning of projects listed in Appendix 1, for which there is an obligation to carry out an environmental impact assessment in accordance with § § 3b or 3c of this Act. The planning stage of the respective project, including the site alternatives according to § 15 (1) sentence 3 of the Spatial Planning Act, is carried out, unless otherwise specified by national law. (2) In the following admission procedure the Environmental impact assessment for additional or other significant Environmental impact of the project. (3) The result of the spatial planning procedure according to § 15 of the Spatial Planning Act can only be verified within the scope of the appeal procedure against the subsequent approval decision for a project. (4) There is an obligation under this Act to establish a Strategic Environmental Assessment for the establishment of a spatial planning plan, which shall be subject to an environmental assessment, including monitoring in accordance with the rules of the Spatial Planning Act. Unofficial table of contents

Section 17 List of construction plans

(1) In accordance with Article 2 (3) (3), and in particular in the case of projects referred to in points 18.1 to 18.9 of Appendix 1, development plans shall be drawn up, amended or supplemented, the environmental impact assessment shall be carried out, including the preliminary examination of the individual case. § 2 para. 1 sentence 1 to 3 as well as § § 3 to 3f in the order procedure as an environmental assessment carried out in accordance with the regulations of the construction code. By way of derogation from the first sentence, a preliminary examination of the individual case required by this Act shall not be required if, in the case of the development plan to be established, an environmental assessment is carried out in accordance with the provisions of the Baugesetzbuch, which at the same time satisfy the requirements of: (2) There is an obligation to implement a Strategic Environmental Assessment (Strategic Environmental Assessment) in order to establish, amend or supplement a building plan in accordance with this Act, and Environmental assessment, including monitoring in accordance with the provisions of the Building Code (3) If the environmental impact assessment is carried out in an installation procedure for a development plan and in a subsequent authorisation procedure, the environmental impact assessment shall be carried out in the following authorisation procedure: additional or other significant environmental impacts of the project. Unofficial table of contents

Section 18 Bergrechtliche Procedure

In the case of mining projects listed in Appendix 1, the environmental impact assessment in accordance with § 2 (1) Sentence 1 to 3 shall be carried out in accordance with the Federal Mining Act in the planning procedure. § § 5 to 14 shall not apply. Unofficial table of contents

Section 19 Corridor cleaning procedures

In the planning procedure on a road and water plan with an accompanying plan according to § 41 of the German Law on the Protection of Land Law, the public is to be included in accordance with the provisions of section 9 (3). Unofficial table of contents

Section 19a Strategic Environmental Assessment of Landscape Planning

In the case of landscape planning, the necessity and the implementation of a strategic environmental assessment according to country law are based. Unofficial table of contents

§ 19b Strategic Environmental Assessment for Road Traffic Planning at the Federal Level

(1) In the case of needs plans referred to in point 1.1 of Appendix 3, a Strategic Environmental Assessment is required only for such significant environmental impacts, which are not already covered by a Strategic Environmental Assessment in the preparation or amendment procedure by other plans and programmes referred to in point 1.1 of Appendix 3. (2) In the case of road transport planning at the federal level in accordance with point 1.1 of Appendix 3, reasonable alternatives to be considered in the preparation of the environmental report shall be considered as well as the objectives and take into account the geographical scope of the plan or programme; (3) The Federal Ministry of Transport, Building and Urban Development is authorized, in agreement with the Federal Ministry for the Environment, Nature Conservation, Nature Conservation and Nuclear Environmental Protection, to and reactor safety through legal regulation without the consent of the Federal Council for the implementation of the Strategic Environmental Assessment in the case of plans and programmes referred to in point 1.1 of Appendix 3, special provisions for practicable and efficient Implementation to be adopted by
1.
the details of the procedure for establishing the framework for examination in accordance with Section 14f with regard to the specificities of road transport planning,
2.
the procedure for the preparation and the content and design of the environmental report in accordance with § 14g with regard to the specificities of the transport route planning,
3.
the details of the involvement of public authorities and the public in accordance with § § 14h to 14j, taking into account the uses of electronic means of communication,
4.
the form of notification of the decision in accordance with Section 14l, taking into account the possible uses of electronic means of communication,
5.
the form, the date and the consideration of results of the monitoring according to § 14m.
(4) The Federal Ministry of Transport, Building and Urban Development is also authorized, in agreement with the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety, to determine, with the consent of the Federal Council, by means of a legal regulation that the Countries to register transport projects for plans and programmes referred to in point 1.1 of Appendix 3, to carry out certain preparatory tests and to provide their results or other information necessary for the implementation of the Strategic Framework Programme Environmental assessment is necessary.

Part 5
Provisions relating to certain management systems and other installations (Annex 1 (19))

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§ 20 Plan determination; planning approval

(1) Projects listed in Appendix 1 under points 19.3 to 19.9, as well as the modification of such projects shall require the planning of the plan by the competent authority, provided that a commitment to carry out the project in accordance with § § 3b to 3f is required. an environmental impact assessment (EIA). (2) If there is no obligation to carry out an environmental impact assessment, the plan approval project is required. Planning permission is no longer necessary in cases of insignificant importance. These are available if the test values according to § 3c for size and performance, which open the preliminary examination, are not reached or the requirements of § 74 (7) sentence 2 of the Administrative Procedure Act are fulfilled; § 3b (2) and (3) shall apply accordingly. The provisions of sentences 2 and 3 shall not apply to the establishment, operation and modification of piping systems for the promotion of substances hazardous to water, and to the modification of their operations, with the exception of amendments of insignificant importance. Unofficial table of contents

Section 21 Decision; secondary provisions

(1) The plan determination decision may only be issued if:
1.
ensuring that the good of the general public is not affected, in particular:
a)
Hazards for the protection goods referred to in Article 2 (1) sentence 2 cannot be evoked and
b)
provisions shall be taken against the impairment of the protected goods, in particular by means of structural, operational or organisational measures in accordance with the state of the art;
2.
Environmental legislation and other public-law provisions do not preclude the operation,
3.
the objectives of spatial planning are respected and the principles and other requirements of spatial planning are taken into account,
4.
Labour protection concerns are respected.
In the case of projects within the meaning of point 19.3 of Appendix 1, the decision to determine the plan may, in addition, be granted only if a negative change in the nature of the water is not to be obtained. (2) The plan determination decision may be Conditions shall be provided, subject to conditions and shall be limited in time, to the extent necessary to safeguard the good of the general public or to comply with public-law provisions which may be contrary to the project. The inclusion, amendment or amendment of requirements concerning the requirements for the project is also permissible after the determination of the planning decision. (3) The provisions of paragraphs 1 and 2 shall apply in accordance with the plan approval. (4) The Federal Government will Authorized, after consultation of the parties concerned, by means of a regulation with the consent of the Federal Council, to adopt rules for the fulfilment of the conditions set out in the first sentence of paragraph 1, first sentence,
1.
the structural, operational or organisational measures corresponding to the state of the art in order to prevent the impairment of the protected goods,
2.
the obligations of prior-holders and third parties;
a)
to inform public authorities and the public,
b)
to submit documents to the authorities,
c)
to enable the authorities to carry out technical investigations and tests and to provide them with workers and technical aids,
2a.
the powers of public authorities,
a)
to carry out technical investigations and tests,
b)
to enter operating rooms and directly associated satisfactory operating land during the operating period,
c)
in the case of necessity for the prevention of urgent risks to public safety or order, to enter premises and, outside the operating period, operating rooms and directly associated satisfactory premises;
d)
-access to installations at any time, as well as land which are not directly associated with satisfactory premises referred to in points (b) and (c),
3.
the verification of projects by experts, expert organisations and approved monitoring bodies, as well as the requirements which these experts, expert organisations and authorised monitoring bodies meet , and of the procedure for their recognition,
4.
the adaptation of existing projects to the requirements of the applicable rules;
5.
the notification to the competent authority of any changes which, in accordance with Article 20, do not require a planning approval or a planning permission;
6.
the power to issue administrative orders in individual cases.
The legal regulation may lay down rules on the setting up of technical commissions. The commissions are to advise the federal government or the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety on technical issues. They propose to the state-of-the-art rules (technical rules) taking into account the rules applicable to other protection objectives and, in so far as the powers of the latter are affected, in coordination with the Commission on Plant Safety, Section 51a (1) of the Federal Immission Protection Act. The commissions shall include representatives of the federal and state authorities involved, experts, expert organisations and approved monitoring bodies, science and the manufacturers and operators of piloting plants. . Technical rules can be published in the Federal Gazette by the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety. The Regulation may also determine substances which are likely to adversely affect the quality of water (substances hazardous to water within the meaning of point 19.3 of Appendix 1). The fundamental right of inviolability of the apartment (Article 13 of the Basic Law) is restricted by the first sentence of point 2a (c) of the Basic Law. (5) The Federal Government is authorized to apply to pipeline systems which do not have any plan or plan approval. After consulting the parties concerned within the meaning of Article 23 (2) of the German Water Resources Act (Wasserbudgets Act) with the consent of the Federal Council
1.
to prescribe a notification requirement,
2.
to adopt the arrangements referred to in the first sentence of points 1 to 4, 6 or 4 of the first sentence of paragraph 4, or the second and seventh sentences of paragraph 4
(6) The Federal Government is empowered to determine by means of a decree law with the consent of the Federal Council that the enforcement of Part 5 of this Act and of the legal orders issued pursuant to paragraphs 4 and 5 of this Act shall be determined in the case of annexes to the defence , federal authorities are responsible. Unofficial table of contents

Section 22 Procedure

§ § 72 to 78 of the Administrative Procedure Act shall apply to the implementation of the plan determination procedure and the planning approval procedure. The Federal Government is empowered to regulate further details of the planning process, in particular on the nature and scope of the application documents, by means of a regulation with the consent of the Federal Council. Unofficial table of contents

Section 23 Penal rules

(1) Contrary to the law, those who intentionally or negligently act
1.
carry out a project without a planning approval decision pursuant to section 20 (1) or without planning permission in accordance with section 20 (2) sentence 1,
2.
a fully-retractable edition in accordance with section 21 (2), or
3.
a legal regulation in accordance with
a)
Section 21 (4), first sentence, no. 1, 3, 4 or 6, also in conjunction with paragraph 5 (2), or
b)
Article 21 (4), first sentence, point 2, also in conjunction with paragraph 5, point 2, or in the first sentence of Article 21 (4), point 5 or paragraph 5, point 1
or of a enforceable order pursuant to such a decree, to the extent that the regulation refers to that fine for a particular offence.
(2) In the cases referred to in paragraph 1 (3) (b), the administrative offence may be punishable by a fine of up to 20 000 euro and, in the other cases, with a fine of up to 50 000 euros.

Part 6
Final provisions

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§ 24 Administrative regulation

The Federal Government may, with the consent of the Federal Council,
1.
criteria and procedures to be used for the purpose of determining, describing and evaluating the environmental impact (§ 2 para. 1 sentence 2) for the purpose specified in § § 1 and 12 of this Directive;
2.
Principles for the provision of information on documents likely to be provided in accordance with § 5,
3.
Principles for the summary presentation of the environmental impact according to § 11 and for the evaluation according to § 12,
4.
principles and procedures for the preliminary examination of the individual case in accordance with § 3c and the criteria set out in Appendix 2;
5.
Principles for the preparation of the environmental report according to § 14g,
6.
Principles for monitoring according to § 14m
. Unofficial table of contents

Section 24a Rules on administrative procedures

The regulations of the administrative procedure in this law and under this law can only be deviated by the law of the state in the extent determined by § § § 4 and 14e. Unofficial table of contents

Section 25 Transitional provision

(1) The procedures laid down in Article 2 (1), first sentence, and (3), which serve as a decision on the admissibility of projects and which have been initiated before 3 August 2001, shall be brought to an end in accordance with the provisions of this Act. If a project which is the subject of such a procedure is subject to the provisions of the Act implementing the EIA amending Directive, the IPPC Directive and other EC Directives on the protection of the environment of 27 July 2001 (BGBl. In 1950), the establishment of such procedures is new or different from that of hitherto, these provisions are to be applied and, in this context, the environmental impact assessment should be carried out. If, in the main proceedings, the project has already been made public before 3 August 2001, only sentence 1 shall apply. (2) By way of derogation from paragraph 1, the provisions of this Act shall be adopted in the version before 3 August 2001. shall continue to apply if:
1.
the institution of a project has submitted an application to the competent authority for the approval of the project, which must contain at least the information on the location, type and scope of the project, before 14 March 1999; more detailed provisions concerning: the conditions for an effective application shall remain unaffected; or
2.
In any other way, proceedings have been formally initiated pursuant to § 2 (1) sentence 1 and (3) before 14 March 1999; if the individual steps of the procedure prescribed by law have not yet been initiated, they may also be submitted in accordance with the procedure laid down in The provisions of this Act shall be implemented.
The first sentence shall also apply to a project which is not included in the Appendix to Section 3 of this Act in the version referred to in the first sentence but in Annex II to Council Directive 85 /337/EEC of 27 June 1985 on the assessment of the effects of certain conditions on the environment in certain cases public and private projects (OJ EC No 40) if the competent authority is to be considered on the basis of a case-by-case examination that the project may have significant adverse effects on the environment, in particular on the basis of its nature, size or location. (3) By way of derogation from paragraphs 1 and 2, this Act and its version in force until 3 August 2001 shall not apply to proceedings pursuant to Article 2 (1), first sentence and (3), which began before 3 July 1988. (4) If, in accordance with paragraphs 1 to 2, there is an obligation to carry out an environmental impact assessment and it is to be carried out in accordance with § 17 of the Civil Code procedure in accordance with the provisions of the Federal Building Code, the following applies in this respect § 244 of the German Civil Code Construction code. (5) (omitted) (6) Procedures for the establishment and operation of the system and the modification of Pipeline systems according to point 19.3 of Appendix 1, which were initiated before 25 June 2002, are subject to the provisions of the Act implementing the EIA amending Directive, the IPPC Directive and other EC directives on the protection of the environment 27 July 2001 (BGBl. (6a) A permit for a piping system for the promotion of substances hazardous to water, which has been granted in accordance with the first sentence of Article 19a (1) of the Water Resources Act, as amended on 28 February 2010, if an environmental impact assessment has been carried out, as a plan determination in accordance with Section 20 (1), in the other cases as a planning permission in accordance with § 20 (2). A piping system for the transport of substances hazardous to water, which has been indicated in the version in force on 28 February 2010 in accordance with the first and second sentence of Article 19e (2) of the Water Resources Act, or which was not required to be displayed, does not require any indication. Planning approval or planning permission; § 21 (2) and (4) apply accordingly. (7) (8) The provisions of Part 3 apply to plans and programmes, the first formal preparatory act of which takes place after 29 June 2005. Procedures for drawing up or amending plans and programmes, the first formal preparatory act of which took place after 20 July 2004, shall be completed in accordance with the provisions of this Act. (9) Plans and programmes, the first of which shall be formally adopted. Preparatory act before 21 July 2004, which will be adopted later than 20 July 2006, or introduced into a legislative procedure, shall be subject to the provisions of Part 3. § 16 (4) of this Act as well as § 28 (1) and (3) of the Spatial Planning Act remain unaffected. (10) Procedures for which an environmental impact assessment is to be carried out in accordance with § 16 (1) and which have been started before 1 March 2010 shall be subject to the following conditions: to end this law in the version in force as of 1 March 2010. If a public participation has already taken place, the public shall refrain from renewed public participation in accordance with § 9, in so far as no additional or other significant environmental effects are to be expected. If there has already been a participation in the authorities, reparticipation in accordance with § § 7 and 8 will only be required if new documents are available on the project's significant environmental impact. (11) Procedure in accordance with § 2 (1) sentence 1 and (3), which the The decision on the admissibility of projects and begun before 25 June 2005 must be completed in accordance with the provisions of this law in the version in force as of 15 December 2006. Sentence 1 shall not apply to proceedings in respect of which the project has already been made public before 25 June 2005. (12) For the procedures referred to in the first sentence of Article 2 (1) and the third subparagraph of Article 2 (3), the decision on the admissibility of projects shall be: Point 13.2.2 of Appendix 1, this law shall apply only if the procedure has been initiated after 1 March 2010. The procedures referred to in the first sentence of Article 2 (1) and (3), which shall be used to decide on the admissibility of projects referred to in points 3.15, 13.1 to 13.2.1.3, 13.3 to 13.18 and 17 of Appendix 1 and which have been initiated before 1 March 2010, shall be subject to the following conditions: (13) In the case of proceedings pursuant to the first sentence of Article 2 (1) and the third subparagraph of Article 2 (3), which serve to decide on the admissibility of projects referred to in point 17.3 of Appendix 1, the law shall be limited only to: if the procedure has been initiated after 1 August 2013. Unofficial table of contents

Annex 1 List of projects subject to EIA

(Fundstelle: BGBl. I 2010, 109-125;
with regard to of the individual amendments. Footnote) Outstanding projects fall within the scope of this Act in accordance with Section 3 (1) sentence 1. To the extent that a general preliminary examination or a site-related preliminary examination of the individual case is provided below, this refers to the regulations of § 3c, sentence 1 and 2.

Legend:
No. = number of the project
Projects = type of project with Values or performance values in accordance with § 3b (1) sentence 2 as well as test values for size or performance in accordance with § 3c sentence 5
X in column 1 = Projects is subject to EIA
A in column 2 = general preliminary examination of the individual case: see § 3c sentence 1
S in column 2 = site-related preliminary examination of the individual case: see § 3c sentence 2


Nr.VorhabenSp. 1Sp. 2
1. Heat generation, mining and energy:
1.1 Construction and operation of a plant for the production of electricity, steam, hot water, process heat or heated exhaust gas through the use of fuels in a combustion facility (such as power plant, heating power plant, heating plant, gas turbine, Combustion engine installation, other combustion plant), including the respective steam boiler, with a thermal output of
1.1.1 more than 200 MW, X
1.1.2 50 MW to 200 MW; A
1.2 Construction and operation of a plant for the production of electricity, steam, hot water, process heat or heated exhaust gas in a combustion facility (such as power plant, heating power plant, heating plant, gas turbine plant, internal combustion engine, other Combustion plant), including the respective steam boiler, other than internal combustion engine systems for drilling rigs and emergency power units, through the use of
1.2.1 Coal, coke including petroleum coke, coal briquettes, peat briquettes, torruses, natural wood, emulsified natural bitumen, heating oils, excluding heating oil EL, with a thermal input of 1 MW to less than 50 MW, S
1.2.2 gaseous fuels (in particular coke oven gas, mine gas, steelgas, refinery gas, synthesis gas, petroleum gas from the tertiary extraction of crude oil, sewage gas, biogas), other than natural gas, liquefied petroleum gas, gas from the public gas supply, or Hydrogen, with a thermal output of
1.2.2.1 10 MW to less than 50 MW, S
1.2.2.2 1 MW to less than 10 MW, in the case of internal combustion engines or gas turbine plants, S
1.2.3 Heating oil EL, diesel fuel, methanol, ethanol, natural vegetable oils or vegetable oil methyl esters, natural gas, liquefied petroleum gas, gases from the public gas supply or hydrogen with a thermal output of heat of
1.2.3.1 20 MW to less than 50 MW, S
1.2.3.2 1 MW to less than 20 MW, in the case of internal combustion engines or gas turbine plants, S
1.2.4 solid or liquid fuels other than those referred to in point 1.2.1 or 1.2.3 and having a thermal output of
1.2.4.1 1 MW to less than 50 MW, A
1.2.4.2 100 KW to less than 1 MW; S
1.3 (dropped)
1.4 Construction and operation of a combustion engine or gas turbine plant for the purpose of working machines for the use of
1.4.1 Heating oil EL, diesel fuel, methanol, ethanol, natural vegetable oils, vegetable oil methyl esters coke oven gas, mine gas, steelgas, refinery gas, synthesis gas, petroleum gas from the tertiary extraction of crude oil, sewage gas, biogas, natural gas, Liquefied gas, gases from the public gas supply or hydrogen with a thermal output of
1.4.1.1 more than 200 MW, X
1.4.1.2 50 MW to 200 MW, A
1.4.1.3 1 MW to less than 50 MW, with the exception of combustion engine systems for drilling rigs; S
1.4.2 other fuels other than those referred to in point 1.4.1 with a thermal output of
1.4.2.1 more than 200 MW, X
1.4.2.2 50 MW to 200 MW A
1.4.2.3 1 MW to less than 50 MW; S
1.5 (dropped)
1.6 Construction and operation of a wind farm with installations with a total height of more than 50 metres each
1.6.1 20 or more wind turbines, X
1.6.2 6 to less than 20 wind turbines, A
1.6.3 3 to less than 6 wind turbines; S
1.7 Establishment and operation of a plant for the briquetting of brown coal or coal; X
1.8 Establishment and operation of an installation for dry distillation of hard coal or lignite (e.g. Coking plant, gas plant, schwelerei) with a throughput of
1.8.1 500 t or more per day, X
1.8.2 less than 500 tonnes per day, with the exception of wood careans; A
1.9 Establishment and operation of an installation for the gasification or liquefaction of coal or bituminous shale with a throughput of
1.9.1 500 t or more per day, X
1.9.2 less than 500 tonnes per day; A
1.10 Establishment and operation of an installation for the deposition of carbon dioxide for permanent storage
1.10.1 from a plant which is subject to EIA under column 1; X
1.10.2 with a deposition rate of 1.5 million tonnes or more per year, in so far as it is not covered by point 1.10.1, X
1.10.3 , with a deposition rate of less than 1.5 million tonnes per year; A
1.11 Establishment and operation of an installation
1.11.1 Production of biogas, as far as not covered by point 8.4, with a production capacity of
1.11.1.1 2 million standard cubic metres or more raw gas per year, A
1.11.1.2 1.2 million to less than 2 million standard cubic metres of raw gas per year, S
1.11.2 Processing of biogas with a processing capacity of
1.11.2.1 2 million standard cubic metres or more raw gas per year, A
1.11.2.2 1.2 million to less than 2 million standard cubic metres of raw gas per year; S
2. Stones and earthing, glass, ceramics, building materials:
2.1 Construction and operation of a quarry with a land area of
2.1.1 25 ha or more, X
2.1.2 10 ha to less than 25 ha, A
2.1.3 less than 10 ha, to the extent that explosives are used; S
2.2 Establishment and operation of a plant for the manufacture of cement clinker or cements with a production capacity of
2.2.1 1 000 t or more per day, X
2.2.2 less than 1 000 tonnes per day; A
2.3 Establishment and operation of a plant for the production of asbestos; X
2.4 Establishment and operation of a plant for the processing or processing of asbestos or asbestos products with
2.4.1 an annual production of
2.4.1.1 20 000 t or more finished products for asbestos products, X
2.4.1.2 50 tonnes or more of finished products in the case of friction linings, X
2.4.2 an application of 200 tonnes or more of asbestos for other purposes, X
2.4.3 a lower annual production or use less than in the preceding numbers; A
2.5 Installation and operation of an installation for the manufacture of glass, including as far as it is made of waste glass, including installations for the manufacture of glass fibres with a melting capacity of
2.5.1 200 000 tonnes or more per year, or in the case of flat-glass plants operated by the float glass process, 100 000 tonnes or more per year, X
2.5.2 20 tonnes per day to less than those specified in the preceding number, A
2.5.3 100 kg to less than 20 tonnes per day, with the exception of installations for the manufacture of glass fibres intended for medical or telecommunications purposes; S
2.6 Establishment and operation of an installation for the burning of ceramic products (including clay) with a production capacity of
2.6.1 75 t or more per day, A
2.6.2 less than 75 tonnes per day, as far as the volume of the combustion plant is 4 m 3 or the stocking density shall be more than 100 kg per cubic metre of space in the combustion plant, except for electrically heated furnaces operated discontinuously and without exhaust air management; S
2.7 Establishment and operation of a plant for the melting of mineral substances, including installations for the production of mineral fibres; A
3. Steel, iron and other metals including processing:
3.1 Establishment and operation of a plant for roasting (heating under air supply for transfer to oxides) or sintering (piecing of fine-grained materials by heating) of ores; X
3.2 Construction and operation of an integrated metallurgical plant (plant for the production or melting of pig iron and for further processing into crude steel, in which the production and processing units are located next to each other and in functional units) the link between the two); X
3.3 Establishment and operation of a plant for the production or melting of pig iron or steel, including continuous casting, including concentrates or secondary raw materials, with a melting capacity of
3.3.1 2,5 tonnes of pig iron or steel per hour or more, A
3.3.2 less than 2.5 tonnes of steel per hour; S
3.4 Establishment and operation of a plant for the production of non-ferrous raw materials from ores, concentrates or secondary raw materials by metallurgical, chemical or electrolytic processes; X
3.5 Installation and operation of a melting, alloying or refining plant for non-ferrous metals with a melting capacity of
3.5.1 100 000 tonnes or more per year, X
3.5.2 4 t or more per day for lead and cadmium or 20 t or more per day for other non-ferrous metals, each up to less than 100 000 tonnes per year, A
3.5.3 0,5 t to less than 4 tonnes per day for lead and cadmium, or from 2 tonnes to less than 20 tonnes per day for non-ferrous metals other than
-
Vacuum melting plants,
-
Melting plants for castings made of tin and bismuth or of fine zinc and aluminium in combination with copper or magnesium,
-
Melting plants which are a component of pressure or chill casting machines or which melt down non-ferrous metals or castable alloys which are cast exclusively in connection with individual die casting machines, or which are cast-down,
-
Melting plants for precious metals or for alloys consisting only of precious metals or of precious metals and copper,
-
swine soldering baths and
-
Hot-air tinting systems;
S
3.6 Construction and operation of an installation for the forming of steel by hot rolling; A
3.7 Construction and operation of a iron, Temper or steel foundry with a processing capacity of liquid metal of
3.7.1 200 000 tonnes or more per year, X
3.7.2 20 t or more per day, A
3.7.3 2 t to less than 20 tonnes per day; S
3.8 Construction and operation of a plant for the application of metallic protective layers on metal surfaces with the aid of molten baths with a processing capacity of
3.8.1 100 000 tonnes of raw material or more per year, X
3.8.2 2 tonnes of raw material per hour to less than 100 000 tonnes of raw material per year, A
3.8.3 500 kg to less than 2 tonnes of raw material per hour, except for continuous galvanising equipment in accordance with the Sendzimir procedure; S
3.9 Establishment and operation of an installation for the surface treatment of metals by means of an electrolytic or chemical process with a volume of active baths of
3.9.1 30 m 3 or more, A
3.9.2 1 m 3 to less than 30 m 3 in the case of installations by means of pickling or burning by means of river or nitric acid; S
3.10 Establishment and operation of a plant consisting of one or more machine-driven hammers or trawls, if the impact energy of a hammer or case work
3.10.1 20 kilojoules or more, A
3.10.2 1 kilojoule to less than 20 kilojoules; S
3.11 Establishment and operation of a system for the production of explosives or for the use of explosives in the case of the use of 10 kg of explosives or more per shot; A
3.12 Construction and operation of a shipyard
3.12.1 for the construction of seagoing vessels with a size of 100 000 gross registered tonnage, X
3.12.2 for the manufacture or repair of hull or ship sections of metal with a length of 20 m or more, except where a case of the preceding number is available; A
3.13 Construction and operation of an installation for the construction of rail vehicles with a production capacity of 600 or more rail vehicle units per year (1 rail vehicle unit corresponds to 0.5 locomotive, 1 tramway, 1 car of a train, 1 Propulsion head, 1 passenger car or 3 freight wagons); A
3.14 Establishment and operation of an installation for the construction and assembly of motor vehicles or of an installation for the construction of motor vehicle engines with a capacity of 100 000 units per year; A
3.15 Establishment and operation of an installation for the construction and repair of aircraft, to the extent that more than 50 aircraft can be manufactured or repaired each year, with the exception of maintenance work; A
4. Chemical products, pharmaceuticals, mineral oil refining and further processing:
4.1 Establishment and operation of an integrated chemical plant (composite for the production of substances or groups of substances by chemical conversion on an industrial scale, in which several units are located side by side and in functional terms) are connected to each other and
-
for the production of organic basic chemicals,
-
for the production of inorganic basic chemicals,
-
for the production of fertilizers containing phosphorus, nitrogen or potassium (nutrient or multinutrient),
-
for the production of starting materials for plant protection products and biocides,
-
for the production of basic medicinal products using a chemical or biological process, or
-
for the manufacture of explosives
), with the exception of installations for the production or division of nuclear fuel or for the processing of irradiated nuclear fuel as specified in point 11.1;
X
4.2 Establishment and operation of a plant for the production of substances or groups of substances by chemical conversion to an industrial scale, excluding integrated chemical plants referred to in point 4.1, installations referred to in point 10.1 and installations for production or production, or Fission of nuclear fuel or for the reprocessing of irradiated nuclear fuel as specified in point 11.1; A
4.3 Establishment and operation of an installation for the distillation or refining or other processing of petroleum in petroleum refineries; X
4.4 Establishment and operation of a plant for the production of paint or coating materials (glazes, varnishes, varnishes, emulsion paints) or printing inks using 25 t of volatile organic compounds or more per day, which is temperature of 293.15 Kelvin have a vapour pressure of at least 0.01 kilopascals; A
5. Surface treatment of plastics:
5.1 Construction and operation of an installation for the surface treatment of plastics by an electrolytic or chemical process with a volume of the active baths of 30 m 3 or more; A
6. wood, pulp:
6.1 Establishment and operation of a plant for the production of pulp from wood, straw or similar fibre materials; X
6.2 Establishment and operation of an installation for the manufacture of paper or paperboard with a production capacity of
6.2.1 200 t or more per day, X
6.2.2 20 t to less than 200 tonnes per day; A
7. Food, consumption and feed, agricultural products:
7.1 Establishment and operation of a plant for the intensive farming of hens with
7.1.1 60 000 or more places, X
7.1.2 40 000 to less than 60 000 places; A
7.1.3 15 000 to less than 40 000 places; S
7.2 Establishment and operation of a plant for the intensive farming or rearing of young henchmen
7.2.1 85 000 or more places, X
7.2.2 40 000 to less than 85 000 places; A
7.2.3 30 000 to less than 40 000 places; S
7.3 Establishment and operation of a plant for the intensive farming or rearing of fattening fowl
7.3.1 85 000 or more places, X
7.3.2 40 000 to less than 85 000 places; A
7.3.3 30 000 to less than 40 000 places; S
7.4 Establishment and operation of a plant for the intensive farming or rearing of turkeys with
7.4.1 60 000 or more places, X
7.4.2 40 000 to less than 60 000 places; A
7.4.3 15 000 to less than 40 000 places; S
7.5 Establishment and operation of a plant for the intensive farming or rearing of bovine animals with
7.5.1 800 or more places, A
7.5.2 600 to less than 800 seats; S
7.6 Establishment and operation of a plant for the intensive farming or rearing of calves with
7.6.1 1 000 or more places, A
7.6.2 500 to less than 1 000 places; S
7.7 Establishment and operation of a plant for the intensive farming or rearing of fattening pigs (pigs of 30 kg of live weight or more) with
7.7.1 3 000 or more places, X
7.7.2 2 000 to less than 3 000 places; A
7.7.3 1 500 to less than 2 000 places; S
7.8 Establishment and operation of a plant for the intensive farming or rearing of sows, including piglets belonging to it (piglets of less than 30 kg of live weight), with
7.8.1 900 or more places, X
7.8.2 750 to less than 900 seats, A
7.8.3 560 to less than 750 places; S
7.9 Establishment and operation of an installation for separate intensive rearing of piglets (piglets of 10 to less than 30 kg live weight) with
7.9.1 9 000 or more places, X
7.9.2 6 000 to less than 9 000 places, A
7.9.3 4 500 to less than 6 000 places; S
7.10 Establishment and operation of a system for intensive farming or rearing of fur animals with
7.10.1 1 000 or more places, A
7.10.2 750 to less than 1 000 places; S
7.11 Establishment and operation of a plant for the intensive farming or rearing of animals in mixed stocks, if:
7.11.1 the number of seats referred to in points 7.1.1, 7.2.1, 7.3.1, 7.4.1, 7.7.1, 7.8.1, 7.9.1 and 7.10.1 shall not be reached, the sum of the 100% by which the number of seats shall be used, but the value of 100 shall be reached, or exceeds, X
7.11.2 the number of seats referred to in points 7.1.2, 7.2.2, 7.3.2, 7.4.2, 7.5.1, 7.6.1, 7.7.2, 7.8.2, 7.9.2 and 7.10.1 shall not be reached, the sum of the 100% by which the number of seats shall be exhausted, but the value of 100 exceeds or exceeds, A
7.11.3 the number of seats referred to in points 7.1.3, 7.2.3, 7.3.3, 7.4.3, 7.5.2, 7.6.2, 7.7.3, 7.8.3, 7.9.3 and 7.10.2 shall not be reached, the sum of the 100% by which the number of seats shall be exhausted, but the value 100 exceeds or exceeds; S
7.12 (dropped)
7.13 Establishment and operation of a plant for slaughtering animals with a capacity of
7.13.1 50 t live weight or more per day, A
7.13.2 0.5 t to less than 50 tonnes live weight per day for poultry or 4 t to less than 50 tonnes live weight per day for other animals; S
7.14 Establishment and operation of an installation for the production of edible fats from animal raw materials, with the exception of milk, with a production capacity of
7.14.1 75 tonnes of finished products or more per day, A
7.14.2 less than 75 tonnes of finished products per day, with the exception of installations for the production of edible fats derived from self-produced animal fats in butchers with a capacity of up to 200 kg of edible fat per week; S
7.15 Establishment and operation of a plant for the melting of animal fats with a production capacity of
7.15.1 75 tonnes of finished products or more per day, A
7.15.2 less than 75 tonnes of finished products per day, with the exception of equipment for the processing of self-produced animal fats in meat-based meat products with a capacity of up to 200 kg of edible fat per week; S
7.16 Establishment and operation of an installation for the production of canned meat with a production capacity of
7.16.1 75 tonnes of canned food or more per day, A
7.16.2 1 t to less than 75 tonnes of canned food per day; S
7.17 Establishment and operation of a plant for the production of canned vegetables with a production capacity of
7.17.1 600 tonnes of canned food or more per day if the plant is in operation for not more than 90 consecutive days per year, A
7.17.2 300 tonnes of canned food or more per day, when the plant is in operation for more than 90 consecutive days, A
7.17.3 10 t to less than the capacity specified in points 7.17.1 or 7.17.2 for tonnes of canned food per day and subject to the conditions specified therein, other than those for sterilizing or pasteurizing the food in question in closed containers; S
7.18 Establishment and operation of a plant for the production of animal feed products from animal raw materials, provided that such an installation is carried out in the manufacture of animal feedingstuffs by heating the ingredients of animal origin, A
7.19 Establishment and operation of a plant for the disposal or recovery of animal carcasses or animal waste with a processing capacity of
7.19.1 10 t or more per day, A
7.19.2 less than 10 tonnes per day; S
7.20 Establishment and operation of a plant for tanning, including after-tanning of animal skins or animal skins, with a processing capacity of
7.20.1 12 tonnes of finished products or more per day, A
7.20.2 less than 12 tonnes of finished products per day, with the exception of installations in which fewer hides or skins are treated than for slaughter of less than 4 tonnes of other animals referred to in point 7.13.2; S
7.21 Establishment and operation of a plant for the production of fishmeal or fish oil; X
7.22 Establishment and operation of a plant for the production of brewed malt (malting) with a production capacity of
7.22.1 600 t Darrmalz or more per day, if the plant is in operation for not more than 90 consecutive days per year, A
7.22.2 300 tonnes of Darrmalz or more per day, if the plant is in operation for more than 90 consecutive days a year, A
7.22.3 less than the capacity specified in 7.22.1 or 7.22.2 for tonnes of Darrmalz per day and subject to the conditions laid down in that paragraph; S
7.23 Establishment and operation of a plant for the production of starch products with a production capacity of
7.23.1 600 tonnes of starch or more per day, if the plant is in operation for not more than 90 consecutive days per year, A
7.23.2 300 tonnes of starch or more per day, if the plant is in operation for more than 90 consecutive days a year, A
7.23.3 1 t to less than the capacity specified in 7.23.1 or 7.23.2 for tonnes of starch flour per day and subject to the conditions laid down therein; S
7.24 Establishment and operation of a plant for the production or refining of oils or fats from vegetable raw materials with a production capacity of
7.24.1 600 tonnes of finished products or more per day, if the installation is in operation for not more than 90 consecutive days per year, A
7.24.2 300 tonnes of finished products or more per day if the installation is in operation for more than 90 consecutive days a year, A
7.24.3 less than the capacity specified in 7.24.1 or 7.24.2 for tonnes of finished products per day with the aid of extractants and under the conditions laid down in that paragraph, in so far as the quantity of extractant used is 1 t or more per day; S
7.25 Establishment and operation of an installation for the production or refining of sugar using sugar beet or raw sugar; A
7.26 Establishment and operation of a brewery with a production capacity of
7.26.1 6 000 hectolitres of beer or more per day if the brewery is in operation for not more than 90 consecutive days a year, A
7.26.2 3 000 hectolitres of beer or more per day, when the brewery is in operation for more than 90 consecutive days a year, A
7.26.3 200 hl to less than the capacity specified in points 7.26.1 or 7.26.2 for hectolitres of beer per day and subject to the conditions laid down in that paragraph; S
7.27 Establishment and operation of an installation for the manufacture of confectionery or syrup from raw materials of animal origin, with the exception of milk, with a production capacity of
7.27.1 75 t of confectionery or syrup or more per day, A
7.27.2 50 kg to less than 75 tonnes of confectionery or syrup per day in the production of liquorice; S
7.28 Establishment and operation of a plant for the manufacture of confectionery or syrup from vegetable raw materials with a production capacity of
7.28.1 600 tonnes or more confectionery or syrup per day, if the plant is in operation for no more than 90 consecutive days per year, A
7.28.2 300 tonnes or more confectionery or syrup per day, when the plant is in operation for more than 90 consecutive days a year, A
7.28.3 50 kg to less than those in 7.28.1 or 7.28. 2 capacities for tonnes of confectionery per day and subject to the conditions laid down there, incidentally, in the manufacture of cocoa mass from raw cocoa, or in the case of thermal refining of cocoa or chocolate mass; S
7.29 Establishment and operation of an installation for the treatment or processing of milk, milk products or milk components with a production capacity as the annual average value of
7.29.1 200 tonnes of milk or more per day, A
7.29.2 5 t to less than 200 tonnes of milk, milk products or milk components per day for spray driers; S
8. Recovery and disposal of waste and other substances:
8.1 Establishment and operation of an installation for the disposal or recovery of solid, liquid or gaseous wastes, landfill gas or other gaseous substances with combustible components, by means of
8.1.1 thermal processes, in particular degassing, plasma processes, pyrolysis, gasification, combustion or a combination of these processes
8.1.1.1 in hazardous waste, X
8.1.1.2 in the case of non-hazardous waste with a throughput capacity of 3 tonnes of waste or more per hour, X
8.1.1.3 in the case of non-hazardous waste, with a capacity of less than 3 tonnes of waste per hour, A
8.1.2 Incineration of waste oil or landfill gas in a combustion engine installation with a thermal output of
8.1.2.1 50 MW or more, A
8.1.2.2 1 MW to less than 50 MW, A
8.1.2.3 less than 1 MW, S
8.1.3 the flaring of landfill gas or other gaseous substances, except in the case of emergency torches, which are necessary for the non-intended operation; S
8.2 Establishment and operation of a plant for the production of electricity, steam, hot water, process heat or heated exhaust gas in a combustion facility (such as power plant, heating power plant, heating plant, other combustion plant), including associated steam boilers, through the use of
-coated, lacquered or coated wood, or
-plywood, chipboard, fibreboard or otherwise glued wood
, as well as residues resulting therefrom, where no wood preservatives are applied or are contained as a result of treatment, or coatings do not contain any halogen-organic compounds or heavy metals, with a thermal performance of
8.2.1 50 MW or more, X
8.2.2 1 MW to less than 50 MW; S
8.3 Establishment and operation of a plant for the biological treatment of hazardous wastes with a throughput capacity of feedstock of
8.3.1 10 t or more per day, X
8.3.2 1 t to less than 10 tonnes per day; S
8.4 Establishment and operation of a plant for the biological treatment of
8.4.1 non-hazardous waste, as far as it is not covered by point 8.4.2, with a throughput capacity of feedstock of
8.4.1.1 50 t or more per day, A
8.4.1.2 10 t to less than 50 tonnes per day, S
8.4.2 Manure, provided that the treatment is carried out exclusively by anaerobic digestion (biogas production), with a throughput capacity of
8.4.2.1 50 t or more per day, A
8.4.2.2 less than 50 tonnes per day, to the extent that the production capacity of raw gas is 1.2 million Standard cubic metres per year or more; S
8.5 Establishment and operation of a chemical treatment plant, in particular for chemical emulsion fission, precipitation, flocculation, neutralization or oxidation, of hazardous wastes; X
8.6 Establishment and operation of a plant for chemical treatment, in particular for chemical emulsion fission, precipitation, flocculation, neutralization or oxidation, of non-hazardous wastes with a throughput capacity of feedstock of
8.6.1 100 tonnes or more per day, X
8.6.2 50 t to less than 100 tonnes per day, A
8.6.3 10 t to less than 50 tonnes per day; S
8.7 Establishment and operation of a temporary storage facility, with the exception of temporary storage up to collection on the site of the origin of the waste,
8.7.1 Scrap iron or non-ferrous scrap, including car wrecks, with a total storage capacity of
8.7.1.1 1 500 t or more, A
8.7.1.2 100 t to less than 1 500 t, S
8.7.2 dangerous sludges with a total storage capacity of
8.7.2.1 50 tonnes or more, A
8.7.2.2 30 t to less than 50 t; S
8.8 (dropped)
8.9 Establishment and operation of an installation for the storage of waste over a period of more than one year, in the case of
8.9.1 hazardous waste with
8.9.1.1 an absorption capacity of 10 tonnes per day or more or of a total storage capacity of 150 tonnes or more, X
8.9.1.2 less capacity than is indicated in 8.9.1.1; A
8.9.2 non-hazardous waste with
8.9.2.1 an absorption capacity of 10 tonnes per day or more or of a total storage capacity of 150 tonnes or more, A
8.9.2.2 less capacity than is indicated in 8.9.2.1; S
9. Storage of substances and mixtures:
9.1 Establishment and operation of a plant for the storage of substances or mixtures which have an absolute vapour pressure of at least 101.3 kilopascals and an explosion area with air at a temperature of 293.15 Kelvin (combustible gases), in Containers or products containing these substances or mixtures, for example: B. as a propellant or fuel gas, except for natural gas tubes and installations covered by point 9.3,
9.1.1 in so far as they are not exclusively individual containers with a volume of not more than 1 000 cm each 3 , with a capacity of
9.1.1.1 200 000 t or more, X
9.1.1.2 30 t to less than 200 000 tonnes, A
9.1.1.3 3 t to less than 30 t, S
9.1.2 in so far as they are exclusively individual containers with a volume of not more than 1 000 cm each 3 , with a capacity of
9.1.2.1 200 000 t or more, X
9.1.2.2 30 t to less than 200 000 tonnes; S
9.2 Establishment and operation of a facility for the storage of liquids other than installations covered by point 9.3, to the extent that:
9.2.1 the liquids have a flashpoint of 373,15 kelvin or less, with a capacity of
9.2.1.1 200 000 t or more, X
9.2.1.2 50 000 t to less than 200 000 tonnes, A
9.2.1.3 10 000 t to less than 50 000 tonnes, S
9.2.2 the liquids have a flash point of less than 294.15 Kelvin and whose boiling point at normal pressure (101.3 kilopascals) is greater than 293.15 Kelvin, with a capacity of 5 000 tonnes to less than 10 000 tonnes; S
9.3 Establishment and operation of an installation used for the storage of the substances listed in Annex 2 (List of substances to point 9.3 of Annex 1) of the Regulation on installations in need of approval in the respective version in force, with a storage capacity of
9.3.1 200 000 t or more, X
9.3.2 the quantities of up to less than 200 000 tonnes specified in column 4 of Annex 2 (List of substances to point 9.3 of Annex 1) of the Regulation on installations in need of approval in the version in force; A
9.3.3 the quantities shown in column 3 to less than the quantities shown in column 4 of Annex 2 (List of substances to point 9.3 of Annex 1) of the Regulation on installations in need of approval in the version in force; S
9.4 Establishment and operation of an installation used for the storage of petroleum, petrochemical or chemical substances or products, excluding installations covered by points 9.1, 9.2 or 9.3, with a capacity of
9.4.1 200 000 t or more, X
9.4.2 25 000 t to less than 200 000 tonnes; A
10. Other industrial plants:
10.1 Establishment and operation of an installation for the manufacture, processing or processing of explosive substances within the meaning of the Explosives Act, which are intended for use as explosives, explosives, fuels, pyrotechnic sentences or for the manufacture of explosives of these substances, including an installation for the loading, unloading or delaboration of ammunition or other explosive devices, with the exception of equipment for the craft sector or for the manufacture of firewood, as well as transportable equipment. Mixing chargers; X
10.2 Establishment and operation of a facility for the recovery or destruction of explosive substances in accordance with the Explosives Act; X
10.3 Establishment and operation of an installation for the vulcanization of natural or synthetic rubber using sulphur or sulphur compounds with the use of
10.3.1 25 tonnes of rubber or more per hour, A
10.3.2 less than 25 tonnes of rubber per hour, except for installations in which less than 50 kg of rubber per hour is processed or is used exclusively for pre-vulcanised rubber; S
10.4 Establishment and operation of an installation for pre-treatment (washing, bleaching, mercerizing) or for dyeing fibres or textiles with
10.4.1 a processing capacity of 10 tonnes of fibres or textiles or more per day, A
10.4.2 a dyeing capacity of 2 t to less than 10 tonnes of fibres or textiles per day for the dyeing of fibres or textiles by the use of dyeing accelerators, including chucks, with the exception of installations under increased pressure operate, S
10.4.3 a bleaching capacity of less than 10 tonnes of fibres or textiles per day in the case of installations for bleaching fibres or textiles using chlorine or chlorine compounds; S
10.5 Establishment and operation of a test stand for or with internal combustion engines, with the exception of
-
Roll test benches operated in enclosed spaces, and
-
Installations in which series engines equipped with catalytic converters or diesel soot filters are tested, with a total heat output of
10.5.1 10 MW or more, A
10.5.2 300 KW to
less than 10 MW;
S
10.6 Establishment and operation of a test stand for or with gas turbines or engines with a total thermal power output of
10.6.1 more than 200 MW, X
10.6.2 100 MW to 200 MW, A
10.6.3 less than 100 MW; S
10.7 Establishment and operation of a permanent racing or test track for motor vehicles; A
11. Nuclear energy:
11.1 Establishment and operation of a fixed installation for the production or processing or processing or fission of nuclear fuels or for the processing of irradiated nuclear fuels, as well as in stationary installations for the separation of nuclear fuels, the Overall planned measures for decommissioning, safe containment or dismantling of the installation or parts of the plant, with the exception of fixed installations for the division of nuclear fuels, the maximum power of which does not have a thermal continuous power of 1 KW ; individual decommissioning, safe containment measures or the dismantling of the installations referred to in half-sentence 1 or of parts of the plant shall be deemed to be a change within the meaning of Article 3e (1) (2); X
11.2 Establishment and operation of an installation for the purpose of securing or disposal of radioactive waste; X
11.3 , outside the installations referred to in points 11.1 and 11.2, the establishment and operation of an installation or installation for the processing or processing of irradiated nuclear fuel or highly radioactive waste, or for the sole purpose of: More than 10 years of planned storage of irradiated nuclear fuel or radioactive waste at a location other than the place where these substances have been incurred; X
11.4 outside the installations referred to in points 11.1 and 11.2, unless the provisions of point 11.3 apply, the establishment and operation of a facility or facility for the storage, processing or processing of radioactive waste, the activities of which shall be subject to the following values: in the case of which the application of a legislative decree adopted pursuant to the Atomic Energy Act does not require any preparation of the control of the damage in the event of deviations from the intended operation; A
12. Landfill sites:
12.1 Establishment and operation of a landfill for the disposal of hazardous waste within the meaning of the Circular Economic Law; X
12.2 Establishment and operation of a landfill for the disposal of non-hazardous waste within the meaning of the Circular Economic Law, with the exception of the landfill sites for inert waste according to point 12.3, with a capacity of
12.2.1 10 tonnes or more per day, or with a total capacity of 25 000 tonnes or more, X
12.2.2 less than 10 tonnes per day, or with a total capacity of less than 25 000 tonnes; S
12.3 Establishment and operation of a landfill for the disposal of inert waste within the meaning of the Circular Economic Law; A
13. Water-related projects with the use or extension of a water:
13.1 Establishment and operation of a waste water treatment plant designed for
13.1.1 organically contaminated waste water of 9 000 kg/d or more of biochemical oxygen demand in five days (raw) or inorganically contaminated waste water of 4 500 m 3 or more waste water in two hours (excluding cooling water), X
13.1.2 organically contaminated waste water of 600 kg/d to less than 9 000 kg/d of biochemical oxygen demand in five days (raw) or inorganically contaminated waste water of 900 m 3 up to less than 4 500 m 3 Waste water in two hours (excluding cooling water), A
13.1.3 organically polluted wastewater from 120 kg/d to less than 600 kg/d of biochemical oxygen demand in five days (raw) or inorganically contaminated waste water of 10 m 3 up to less than 900 m 3 Waste water in two hours (excluding cooling water); S
13.2 Construction and operation of a plant for intensive fish farming
13.2.1 in surface waters or coastal waters, or in connection with the introduction or discharge of substances into above-ground waters or coastal waters, with a fish yield per year of
13.2.1.1 1 000 tonnes or more, if required by national law, X
13.2.1.2 100 tonnes or more, as far as not covered by point 13.2.1.1, A
13.2.1.3 50 t to less than 100 tonnes; S
13.2.2 in the exclusive economic zone of Germany, with a fish yield per year of
13.2.2.1 more than 2 500 tonnes, X
13.2.2.2 500 t to 2 500 t, A
13.2.2.3 250 t to less than 500 t; S
13.3 Removal, feeding or feeding of ground water or discharge of surface water for the purpose of groundwater enrichment, each with an annual volume of water from
13.3.1 10 million m 3 or more, X
13.3.2 100 000 m 3 up to less than 10 million m 3 , A
13.3.3 5 000 m 3 up to less than 100 000 m 3 , where significant adverse effects on groundwater-dependent ecosystems are to be expected from the use of water; S
13.4 Deep drilling for the purpose of water supply; A
13.5 Water-management project in agriculture (if not covered by point 13.3 or point 13.18), including soil irrigation or soil drainage, with an annual volume of water from
13.5.1 100 000 m 3 or more, A
13.5.2 5 000 m 3 up to less than 100 000 m 3 , where significant adverse effects on groundwater-dependent ecosystems are to be expected from the use of water; S
13.6 Construction of a stowage or other plant for the retention or permanent storage of water, where:
13.6.1 10 million m 3 or more water is retained or stored, X
13.6.2 less than 10 million m 3 water is retained or stored; A
13.7 Transfer of water from one river basin to another, with the exception of the transport of drinking water in piping, with a volume of
13.7.1
-
100 million or more m 3 Water per year, if water scarcity is to be prevented by the diversion, or
-
5% or more of the flow rate, if the long-standing average water flow rate of the river catchment area, which is taken from the water, is 2 000 million m 3 exceeds,
X
13.7.2 shall be less than the values indicated in point 13.7.1; A
13.8 Flow channelling and power correction work; A
13.9 Construction of a port for inland waterway transport when the port is for ships with
13.9.1 more than 1 350 tonnes, X
13.9.2 1 350 tonnes or less; A
13.10 Construction of a sea or sea waterway for maritime transport; X
13.11 Construction of a landing strip for the loading and unloading of ships (excluding ferries) connected to a sea port or sea port (excluding ferries), the
13.11.1 ships with more than 1 350 tonnes, X
13.11.2 ships with a capacity of 1 350 tonnes or less; A
13.12 the construction of any other port, including fishing port or marina, or an infrastructural port facility; A
13.13 the construction of a dike or dam that influences the outflow of floods (unless it is covered by point 13.16); A
13.14 Establishment and operation of a hydroelectric power plant; A
13.15 Dredging in rivers or lakes for the extraction of minerals; A
13.16 Coastal protection buildings designed to combat erosion and marine engineering which are capable of bringing about changes in the coastline (for example, the construction of dikes, whey, oat dams and other coastal protection structures), with the exception of the Maintenance and restoration of such structures, unless otherwise provided by the law of the country; A
13.17 Land reclamation at the sea, unless otherwise determined by national law; A
13.18 other types of expansion not covered by paragraphs 13.1 to 13.17 in the sense of the Water Resources Act
13.18.1 in so far as the development measures are not covered by point 13.18.2, A
13.18.2 Near-natural expansion of streams, ditches, retention basins and ponds, small-scale natural redesigns, such as the removal of brook and trench piping, laying of roadside trenches in the built-up location and their small-scale piping, Implementation of gravel benches in waters; S
14. Transport projects:
14.1 Construction of a federal waterway through
14.1.1 Projects within the meaning of points 13.6.1 and 13.7.1, X
14.1.2 Projects within the meaning of points 13.6.2, 13.7.2, 13.8, 13.12 and 13.13 (irrespective of any influence on the outflow of floods); A
14.2 Construction of a federal waterway for ships with
14.2.1 more than 1 350 tonnes, X
14.2.2 1 350 tonnes or less; A
14.3 Construction of a federal highway or other federal highway, if it is a highway as defined in the European Convention on the main roads of international transport of 15 November 1975; X
14.4 Construction of a new four-or multi-lane road, if this new road has a continuous length of 5 km or more; X
14.5 Construction of a four-or multi-lane federal highway by laying and/or extending an existing federal road, if this modified federal road section has a continuous length of 10 km or more; X
14.6 Construction of another federal road; A
14.7 the construction of a railway line of railway lines with the associated operating facilities, including railway power transmission lines; X
14.8 construction of other railway operations, in particular of an intermodal terminal or terminal for railways, in so far as the construction is not part of the construction of a railway track in accordance with point 14.7; A
14.9 Construction of a magnetic levitation railway line with the associated operating facilities; X
14.10 the construction of a different rail route for the public-track traffic with the associated operating facilities; A
14.11 Construction of a railway line for trams, highways in high-position, underground or suspended railways within the meaning of the Passenger Transport Act, each with the corresponding operating facilities; A
14.12 Construction of an aerodrome within the meaning of the definitions of the 1944 Chicago Convention establishing the International Civil Aviation Organisation (Annex 14) with a starting and landing strip length of
14.12.1 1 500 m or more, X
14.12.2 less than 1 500 m; A
15. Mining and permanent storage of carbon dioxide:
15.1 mining projects, including the operations of this plant, which are required to be carried out in order to carry out their implementation, only in accordance with the legal regulation adopted pursuant to Section 57c (1) of the Federal Mining Act,
15.2 Establishment, operation and decommissioning of carbon dioxide storage; X
16. Land Cleanup:
16.1 Construction of Community and public installations within the meaning of the Law on the Purification of Parcel; A
17. Forestry and agricultural projects
17.1 First afforestation in the sense of the Federal Forest Act with
17.1.1 50 ha or more forest, X
17.1.2 20 ha to less than 50 ha of forest, A
17.1.3 2 ha to less than 20 ha of forest; S
17.2 Grubbing-up of forest within the meaning of the Bundeswaldgesetz for the purpose of conversion into another type of use with
17.2.1 10 ha or more forest, X
17.2.2 5 ha to less than 10 ha of forest, A
17.2.3 1 ha to less than 5 ha of forest; S
17.3 Projects on the use of wasteland or semi-natural areas for intensive agricultural use with
17.3.1 20 ha or more, X
17.3.2 10 ha to less than 20 ha, A
17.3.3 1 ha to less than 10 ha; S
18. Construction projects:
18.1 Construction of a holiday village, a hotel complex or another large facility for holiday and tourist accommodation, for which a development plan is drawn up in the former external area within the meaning of section 35 of the construction code, with
18.1.1 a total number of beds of 300 or more or of a total number of 200 or more, X
18.1.2 a total number of beds of 100 to less than 300, or of a total number of rooms of 80 to less than 200; A
18.2 Construction of a camping site operated all year round, for which a development plan is drawn up in the previous outdoor area within the meaning of section 35 of the construction code, with a number of parking spaces of
18.2.1 200 or more, X
18.2.2 50 to less than 200; A
18.3 Construction of an amusement park, for which a development plan is drawn up in the previous external area within the meaning of § 35 of the construction code, with a size of the plan area of
18.3.1 10 ha or more, X
18.3.2 4 ha to less than 10 ha; A
18.4 Construction of a parking lot, for which a development plan is drawn up in the previous external area within the meaning of section 35 of the construction code, with a size of
18.4.1 1 ha or more, X
18.4.2 0,5 ha to less than 1 ha; A
18.5 Construction of an industrial zone for industrial plants, for which a development plan is drawn up in the previous external area within the meaning of section 35 of the construction code, with a permissible base area within the meaning of Article 19 (2) of the Baunutzungsverordnung (Baunutzungsverordnung) or a Fixed size of total base area
18.5.1 100 000 m 2 or more, X
18.5.2 20 000 m 2 up to less than 100 000 m 2 ; A
18.6 Construction of a shopping centre, a large-scale retail company or any other large-scale trading company within the meaning of Section 11 (3) sentence 1 of the Baunutzungsverordnung (Baunutzungsverordnung), for which in the previous external field within the meaning of § 35 of the Building Code A development plan shall be drawn up, with a permissible floor area of
18.6.1 5 000 m 2 or more, X
18.6.2 1 200 m 2 up to less than 5 000 m 2 ; A
18.7 Construction of an urban development project for other construction plants, for which a development plan is drawn up in the former external area within the meaning of section 35 of the construction code, with a permissible base area within the meaning of section 19 (2) of the Baunutzungsverordnung (Baunutzungsverordnung) or a fixed size of total base area
18.7.1 100 000 m 2 or more, X
18.7.2 20 000 m 2 up to less than 100 000 m 2 ; A
18.8 the construction of a project of the type referred to in points 18.1 to 18.7, in so far as the relevant test value for the preliminary examination is reached or exceeded and a development plan is drawn up, amended or supplemented in other areas; A
18.9 Projects under national law for the implementation of Council Directive 85 /337/EEC on the assessment of the effects of certain public and private projects on the environment (OJ L 175, 5.7.1985, p. EC No 40), as amended by Council amending Council Directive 97 /11/EC (OJ L 175, 5.7.1997, p. EC No 5), an environmental impact assessment is provided for, provided that its admissibility is based on a development plan or if a development plan replaces a decision on the planning of the plan;
19. Line systems and other equipment:
19.1 Construction and operation of a high-voltage overhead line within the meaning of the Energy Economics Act
19.1.1 a length of more than 15 km and with a nominal voltage of 220 kV or more, X
19.1.2 a length of more than 15 km and with a nominal voltage of 110 kV up to 220 kV, A
19.1.3 a length of 5 km to 15 km and with a nominal voltage of 110 kV or more, A
19.1.4 a length of less than 5 km and a nominal voltage of 110 kV or more; S
19.2 Establishment and operation of a gas supply line within the meaning of the Energy Economic Law, with the exception of installations which do not exceed the area of a plant site, with
19.2.1 a length of more than 40 km and a diameter of more than 800 mm, X
19.2.2 a length of more than 40 km and a diameter of 300 mm up to 800 mm, A
19.2.3 a length of 5 km to 40 km and a diameter of more than 300 mm, A
19.2.4 a length of less than 5 km and a diameter of more than 300 mm; S
19.3 Establishment and operation of a piping system for the purpose of promoting substances hazardous to water within the meaning of Article 21 (4), second sentence, of this Act, excluding piping systems, which
-
do not exceed the area of a plant site,
-
the accessories of an installation for handling such substances, or
-
connecting installations which are in close geographical and operational context and which are short-term separated by land-based public transport routes,
with
19.3.1 a length of more than 40 km, X
19.3.2 a length of 2 km to 40 km and a diameter of the pipeline of more than 150 mm, A
19.3.3 a length of less than 2 km and a diameter of the pipeline of more than 150 mm; S
19.4 Installation and operation of a piping system, as far as it is not covered by point 19.3, for the transport of liquefied gases, with the exception of installations which do not exceed the area of a plant site, with
19.4.1 a length of more than 40 km and a diameter of the pipeline of more than 800 mm, X
19.4.2 a length of more than 40 km and a pipe diameter of 150 mm up to 800 mm, A
19.4.3 a length of 2 km to 40 km and a diameter of the pipeline of more than 150 mm, A
19.4.4 a length of less than 2 km and a diameter of the pipeline of more than 150 mm; S
19.5 Installation and operation of a piping system, in so far as it does not fall under point 19.3 or as an energy plant within the meaning of the Energy Economic Law referred to in point 19.2, for the transport of non-liquefied gases, with the exception of installations which make up the area do not exceed a plant site, with
19.5.1 a length of more than 40 km and a diameter of the pipeline of more than 800 mm, X
19.5.2 a length of more than 40 km and a pipeline diameter of 300 mm up to 800 mm, A
19.5.3 a length of 5 km to 40 km and a diameter of the pipeline of more than 300 mm, A
19.5.4 a length of less than 5 km and a diameter of the pipeline of more than 300 mm; S
19.6 Establishment and operation of a piping system for the transport of substances within the meaning of Section 3a of the Chemicals Act, insofar as it is not covered by one of the numbers 19.2 to 19.5 and excluding sewer lines and installations which include the area of a Plant sites do not exceed or are accessories to a storage facility for such substances, with
19.6.1 a length of more than 40 km and a diameter of the pipeline of more than 800 mm, X
19.6.2 a length of more than 40 km and a diameter of the pipeline from 300 mm to 800 mm, A
19.6.3 a length of 5 km to 40 km and a diameter of the pipeline of more than 300 mm, A
19.6.4 a length of less than 5 km and a diameter of the pipeline of more than 300 mm; S
19.7 Installation and operation of a piping system for the transport of steam or hot water from a plant in accordance with points 1 to 10, which exceeds the area of the plant's premises (steam or hot water pipeline), with
19.7.1 a length of 5 km or more outside the plant's premises; A
19.7.2 a length of less than 5 km in the external area; S
19.8 Establishment and operation of a piping system, as far as it is not covered by point 19.6, for the purpose of promoting water which exceeds the territory of a municipality (water pipeline), with:
19.8.1 a length of 10 km or more, A
19.8.2 a length of 2 km to less than 10 km; S
19.9 Construction and operation of artificial water storage with
19.9.1 10 million m 3 or more water, X
19.9.2 2 million m 3 up to less than 10 million m 3 Water, A
19.9.3 5 000 m 3 up to less than 2 million m 3 water; S
19.10 Establishment and operation of carbon dioxide management in accordance with the carbon dioxide storage law, with the exception of installations which do not exceed the area of a plant site, with
19.10.1 a length of more than 40 km and a diameter of the pipeline of more than 800 mm, X
19.10.2 a length of more than 40 km and a pipe diameter of 150 mm up to 800 mm, A
19.10.3 a length of 2 km to 40 km and a diameter of the pipeline of more than 150 mm, A
19.10.4 a length of less than 2 km and a diameter of the pipeline of more than 150 mm. S

Footnote

Appendix 1 No. 13.18.2 idF d. G v. 24.2.2010 I 94: Niedersachsen-Deviation by Appendix 1 No. 14 Lower Saxony Law on Environmental Impact Assessment (NUVPG) v. 30.4.2007 Nds. GVBl. 179 idF d. Art. 1 No. 5. Buchst. l G v. 19.2.2010 Nds. GVBl. See 122 mWv 1.3.2010 (cf. BGBl. I 2010, 971)
Appendix 1 No. 17.1.2 idF d. Bek. v. 24.2.2010 I 94: Schleswig-Holstein-Deviation by Appendix 1 No. 3.2.1 of the Land Law on Environmental Impact Assessment (Landes-EIA-Law-LUVPG) of 13 May 2003 (GVOBl. Schl. -H. 246), idF d. Art. 1 No. 9 (e) of the Law of 15 December 2010 (GVOBl. Schl. -H. 784) mWv 29.12.2010 (cf. BGBl. I 2011, 244)
Appendix 1 No. 17.1.3 idF d. Bek. v. 24.2.2010 I 94: Schleswig-Holstein-Deviation by Annex 1 No. 3.2.2 of the State Law on Environmental Impact Assessment (Landes-EIA-Law-LUVPG) of 13 May 2003 (GVOBl. Schl. -H. 246), idF d. Art. 1 No. 9 (e) of the Law of 15 December 2010 (GVOBl. Schl. -H. 784) mWv 29.12.2010 (cf. BGBl. I 2011, 244)
Appendix 1 No. 17.2.3 idF d. Bek. v. 24.2.2010 I 94: Schleswig-Holstein-Deviation by Appendix 1 No. 3.3.1 of the State Law on Environmental Impact Assessment (Landes-EIA-Law-LUVPG) of 13 May 2003 (GVOBl. Schl. -H. 246), idF d. Art. 1 No. 9 (e) of the Law of 15 December 2010 (GVOBl. Schl. -H. 784) mWv 29.12.2010 (cf. BGBl. I 2011, 244) Unofficial table of contents

Annex 2 Criteria for the preliminary examination of the individual case in the context of an environmental impact assessment

(Fundstelle des Originaltextes: BGBl. I 2010, 126;
with regard to of the individual amendments. Footnote) The following criteria shall be applied in so far as the provisions of § 3c, sentences 1 and 2, also in conjunction with § § 3e and 3f, are referred to in Appendix 2.
1.
Characteristics of the project The characteristics of a project shall be assessed in particular with regard to the following criteria:
1.1
the size of the project,
1.2
Use and design of water, soil, nature and landscape,
1.3
waste generation,
1.4
pollution and nuisances,
1.5
Accident risk, particularly with regard to substances and technologies used.
2.
Site of the VorhabenThe ecological sensitivity of an area which may be adversely affected by a project is in particular with regard to the following use and protection criteria, taking into account cumulation with others. To assess projects in their joint action area:
2.1
existing use of the area, in particular as an area for settlement and recovery, for agricultural, forestry and fisheries-related uses, for other economic and public uses, transport, supply and disposal (usage criteria),
2.2
Richness, quality and regenerative capacity of water, soil, nature and landscape of the area (quality criteria),
2.3
Load capacity of the protected goods, taking particular account of the following areas and the nature and extent of the protection assigned to them (protection criteria):
2.3.1
Natura 2000 sites pursuant to Section 7 (1) (8) of the German Federal Nature Protection Act,
2.3.2
Nature reserves according to § 23 of the Federal Nature Protection Act, unless already covered by point 2.3.1,
2.3.3
National park and national natural monuments according to § 24 of the Federal Nature Protection Act, insofar as not already covered by point 2.3.1,
2.3.4
Biosphere reserves and protected landscape areas according to § § 25 and 26 of the German Federal Nature Protection Act,
2.3.5
Natural monuments according to § 28 of the Federal Nature Protection Act,
2.3.6
protected landscape elements, including Alleen, according to § 29 of the German Federal Nature Protection Act,
2.3.7
Legally protected biotopes according to § 30 of the German Federal Nature Protection Act,
2.3.8
Water protection areas according to § 51 of the German Water Resources Act, health-protection areas according to § 53 (4) of the German Water Resources Act, risk areas according to § 73 (1) of the Water Resources Act as well as flood areas according to § 76 of the German Water Resources Act (Wasserbudgets Act) Water budget law,
2.3.9
areas where the environmental quality standards laid down in European Union rules have already been exceeded,
2.3.10
Areas with a high population density, in particular central locations within the meaning of Section 2 (2) (2) of the Spatial Planning Act,
2.3.11
in official lists or maps, listed monuments, monument ensembles, land monuments or areas classified as archaeological sites by the National Monuments Protection Authority.
3.
Characteristics of the potential impact The possible significant effects of a project shall be assessed on the basis of the criteria set out in points 1 and 2, and in particular the following:
3.1
the extent of the impact (geographical area and affected population),
3.2
the possible cross-border nature of the effects,
3.3
the severity and complexity of the impact,
3.4
the likelihood of impact,
3.5
the duration, frequency and reversibility of the effects.
Unofficial table of contents

Annex 3 List of "Plans for SUPs and programmes"

(Fundstelle: BGBl. I 2010, 127;
with regard to of the individual amendments. Footnote) The following plans and programmes fall within the scope of this Act in accordance with Article 3 (1a).
Legend:
No. = Plan or Program Number
Plan or
Program

=

Type of plan or programme
Nr.Plan or Program
1. Mandatory strategic environmental assessment in accordance with § 14b (1) (1)
1.1 Transport routes at the federal level, including demand plans in accordance with a federal highway development law
1.2 Development plans according to § 12 (1) of the Air Transport Act, if these extend substantially beyond the scope of the decisions pursuant to § 8 (1) and (2) of the Aviation Act when they are drawn up or amended
1.3 Risk management plans according to § 75 of the Water Resources Act and the updating of the comparable plans according to § 75 (6) of the Water Resources Act
1.4 Programmes of measures in accordance with § 82 of the Water Resources Act
1.5 Spatial planning plans according to § 8 of the Spatial Planning Act
1.6 Federal Spatial Planning Plants pursuant to § 17 (2) and (3) of the Spatial Planning Act
1.7 (dropped)
1.8 Building plans according to § § 6 and 10 of the building code
1.9 Programme of measures according to § 45h of the German Water Resources Act
1.10 Federal demand plans according to § 12e of the German Energy Law
1.11 Bundesfachplannungen according to § § 4 and 5 of the Network Development Acceleration Act transmission network
1.12 National action programmes referred to in Article 5 (1) of Council Directive 91 /676/EEC of 12 December 1991 on the protection of waters against pollution caused by nitrates from agricultural sources (OJ L 139, 30.4.1991, p. 1), as last amended by Regulation (EC) No 1137/2008 (OJ L 327, 31.12.2008, p. OJ L 311, 21.11.2008, p. 1)
1.14 BundesfachPlans Offshore according to § 17a of the German Energy Law
1.15 Determination of the location regions and locations for the day-to-day exploration in accordance with § 14 paragraph 2 of the site selection law
1.16 Determination of the locations for the subday exploration in accordance with § 17 paragraph 2 of the site selection law
2. Strategic environmental assessment of the framework pursuant to Article 14b (1) (2)
2.1 Noise action plans according to § 47d of the German Federal Immission Protection Act
2.2 Air pollution control plans according to § 47 paragraph 1 of the Federal Immission Protection Act
2.3 Waste management concepts according to § 21 of the Circular Economic Law
2.4 Continuation of the waste management concepts in accordance with § 16 paragraph 3 sentence 4, 2. Alternative of the Circular Economy and Waste Act of 27 September 1994 (BGBl. 2705), as last amended by Article 5 of the Law of 6. October 2011 (BGBl. I p. 1986),
2.5 Waste management plans according to § 30 of the Circular Economy Act, including special chapters or separate subplans on the disposal of hazardous waste, waste batteries and accumulators or packaging and packaging waste
2.6 Waste prevention programmes according to § 33 of the Circular Economic Law
2.7 Operational programmes under the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund, as well as rural development programmes from the European Union Agricultural Fund for Rural Development
Unofficial table of contents

Annex 4 Criteria for the preliminary examination of the individual case in the context of a Strategic Environmental Assessment

(Fundstelle des Originaltextes: BGBl. I 2010, 128)
The following criteria shall apply to the extent to which reference is made to Annex 4.
1.
Characteristics of the plan or programme, in particular with regard to:
1.1
the extent to which the plan or programme is subject to a framework;
1.2
the extent to which the plan or programme influences other plans and programmes;
1.3
the importance of the plan or programme for the integration of environment-related, including health-related considerations, in particular with a view to promoting sustainable development;
1.4
the environmental, including health-related problems, relevant to the plan or programme;
1.5
the importance of the plan or programme for the implementation of national and European environmental legislation.
2.
Characteristics of the possible effects and of the likely affected areas, in particular with regard to:
2.1
the probability, duration, frequency and reversibility of the effects;
2.2
the cumulative and transboundary nature of the effects;
2.3
the risks to the environment, including human health (for example in the case of accidents);
2.4
the extent and spatial extent of the impact;
2.5
the importance and sensitivity of the area likely to be affected by virtue of the specific natural features, cultural heritage, the intensity of land use of the area, taking into account the exceedance of environmental quality standards and limit values;
2.6
Areas referred to in point 2.3 of Appendix 2.