Act on the Prevention of Harmful Effects on the Environment Caused by Air Pollution, Noise, Vibration and Similar Phenomena (26 September 2002 )

Act on the Prevention of Harmful Effects on the Environment Caused by Air Pollution, Noise, Vibration and Similar Phenomena

(Federal Immission Control Act - BImSchG)

in the version promulgated on 26 September 2002 (BGBl. I p. 3830)

C o n t e n t s

Part I General Provisions
Article 1 Purpose of the Act
Article 2 Scope of the Act
Article 3 Definitions
Part II Construction and Operation of Installations
Section I Installations Subject to Licensing
Article 4 Licensing
Article 5 Obligations of Operators of Installations Subject to Licensing
Article 6 Prerequisites for Licensing
Article 7 Ordinances Governing the Requirements for Installations Subject to Licensing
Article 8 Partial Licence
Article 8 a Permission of Early Start
Article 9 Provisional Decision
Article 10 Licensing Procedure
Article 10 a (Repealed)
Article 11 Objections by Third Parties in the case of Partial Licences or Provisional
Decisions
Article 12 Collateral Licensing Provisions
Article 13 Licences and Other Official Decisions
Article 14 Exclusion of Civil-Law Claims to Protection against Abridgement of Legal
Rights
Article 14 a Simplified Procedure for Bringing an Action
Article 15 Alteration of Installations Subject to Licensing
Article 15 a (Repealed)
Article 16 Major Alterations to Installations Subject to Licensing
Article 17 Subsequent Orders
Article 18 Expiry of the Licence
Article 19 Simplified Procedure
Article 20 Prohibition, Closure and Dismantling
Article 21 Revocation of the Licence
Section II Installations not Subject to Licensing
Article 22 Obligations of Operators of Installations Not Subject to Licensing
Article 23 Requirements Concerning the Construction, Nature and Operation of
Installations not Subject to Licensing
Article 24 Orders on a Case-to-Case Basis
Article 25 Prohibition
Section III Determination of Emissions and Immissions, Safety Checks, Installations
Safety Commission
Article 26 Measurements Taken for Special Reasons
Article 27 Emission Declaration
Article 28 Initial and Recurrent Measurements in the Case of Installations Subject to
Licensing
Article 29 Continuous Measurements
Article 29 a Orders Regarding Safety Checks
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Article 30 Costs of Measurements and Safety Checks
Article 31 Information regarding Emissions and Immissions Measured
Article 31 a Installations Safety Commission
Part III Nature of Installations, Substances, Products, Fuels and Lubricants
Article 32 Nature of Installations
Article 33 Design Approval
Article 34 Nature of Fuels and Lubricants
Article 35 Nature of Substances and Products
Article 36 Exports
Article 37 Implementation of Intergovernmental Agreements and of Decisions of the
European Communities
Part IV Nature and Operation of Vehicles and Craft, Construction of and
Alterations to Roads and Railtracks
Article 3 Nature and Operation of Vehicles and Craft
Article 39 Implementation of Intergovernmental Agreements and of Decisions of the
European Communities
Article 40 Traffic Restrictions
Article 40 a Traffic Bans in the Case of Increased Ozone Concentrations
Article 40 b Steps to be taken in the Case of Traffic Bans
Article 40 c Motor Vehicles with Low Exhaust Emissions
Article 40 d Journeys for Special Purposes
Article 40 e Exemptions
Article 41 Roads and Railways
Article 42 Compensation for Sound-Proofing Measures
Article 43 Ordinance Issued by the Federal Government
Part V Monitoring and Improving Air Quality, Clean Air Plans and Noise
Abatement Plans
Article 44 Monitoring Air Quality
Article 45 Improving Air Quality
Article 46 Emission Inventory
Article 46 a Provision of Information to the Public
Article 47 Clean Air Plans, Action Plans, Land Ordinances
Article 47 a Noise Abatement Plans
Part VI Joint Provisions
Article 48 Administrative Provisions
Article 48 a Ordinances on Emission and Immission Values
Article 48 b Participation of the Bundestag in Issuing Ordinances
Article 49 Protection of Specific Areas
Article 50 Planning
Article 51 Hearing of the Parties Concerned
Article 51 a Hazardous Incidents Commission
Article 51 b Ensuring Reception of Delivered Information
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Article 52 Supervision
Article 52 a Obligation to Furnish Information on the Organisation of the Enterprise
Article 53 Appointment of an Immission Control Officer
Article 54 Duties
Article 55 Operator`s Obligations
Article 56 Opinion on Operator`s Decisions
Article 57 Right of Submission
Article 58 Non-discrimination, Protection against Dismissal
Article 58 a Appointment of a Hazardous Incidents Officer
Article 58 b Duties of the Hazardous Incidents Officer
Article 58 c Operator`s Obligations and Rights towards the Hazardous Incidents Officer
Article 58 d Non-discrimination of the Hazardous Incidents Officer, Protection against
Dismissal
Article 58 e Facilities for Audited Company Sites
Article 59 Jurisdiction for Installations Serving National Defence Purposes
Article 60 Exemptions for Installations Serving National Defence Purposes
Article 61 (Repealed)
Article 62 Administrative Offences
Article 62 a Other Administrative Offences
Articles 63 (Repealed)
to 65
Part VII Final Provisions
Article 66 Continuance of Provisions
Article 67 Transitional Provision
Article 67 a Transitional Arrangement Resulting from the Establishment of German Unity
Articles 68 (Amendment of Legal Provisions,
to 72 Transition of References, Abrogation of Provisions)
Article 73 (Berlin Clause)
Article 74 Entry into Force
Annex (regarding Article 3 (6)) Criteria for Determining Best Available Techniques
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Part I
General Provisions
Article 1
Purpose of the Act
(1) It is the purpose of this Act to protect human beings, animals and plants, soil, water, the
atmosphere as well as cultural objects and other material goods against any harmful effects on
the environment and to prevent the emergence of any such effects.
(2) In the case of installations subject to licensing, the Act shall also
- ensure integrated prevention and reduction of any harmful effects on the
environment caused by emissions to air, water and soil by securing the
participation of the waste management sector in order to achieve a high level of
protection for the environment as a whole and
- ensure protection and the taking of precautions against any hazards, significant
disadvantages and significant nuisances caused in any other way.
Article 2
Scope of the Act
(1) The provisions of this Act shall apply to
1. the construction and operation of installations;
2. the production, marketing and importation of installations, fuels, substances and products
made of any such substances, in conformity with Articles 32 to 37 ;
3. the nature, equipment, operation and testing of motor vehicles including their trailers, and
of railborne vehicles, aircraft and watercraft as well as of floating bodies and floating
installations, in conformity with Articles 38 to 40 and
4. the construction of public roads as well as of railways, magnetic levitation trains and
tramways, in conformity with Articles 41 to 43 .
(2) The provisions of this Act shall not apply to any airports, installations, equipment, facilities
or nuclear fuels or other radioactive substances falling under the provisions of the Atomic
Energy Act or any ordinance issued thereunder, insofar as protection from the hazards of nuclear
energy or from the harmful effects of ionising radiation is concerned. They shall furthermore not
be applicable if provision has otherwise been made in any water or plant protection or fertiliser
regulations issued by the Federal Government or by any Land governments for the purpose of
water protection.
Article 3
Definitions
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(1) “Harmful effects on the environment” as used herein shall mean any immissions which,
because of their nature, extent or duration, are likely to cause any hazards, significant
disadvantages or significant nuisances to the general public or the neighbourhood.
(2) “Immissions” as used herein shall mean any air pollution, noise, vibration, light, heat,
radiation and similar effects on the environment which affect human beings, animals and plants,
soil, water, the atmosphere as well as cultural objects and other material goods.
(3) “Emissions” as used herein shall mean any air pollution, noise, vibration, light, heat, radiation
and similar phenomena originating from an installation.
(4) “Air pollution” as used herein shall mean any change in the natural composition of the air,
especially through smoke, soot, dust, gases, aerosols, steam or odorous substances.
(5) “Installations” as used herein shall mean
1. any operating plants and other stationary facilities;
2. any machines, equipment and other non-stationary technical facilities as well as vehicles
and craft unless they are subject to the provisions of Article 38 below and
3. any premises used to store or deposit materials or to carry out work likely to cause
emissions, with the exception of routes used for public transport.
(5a) An “establishment” as used herein shall mean the entire area under the control of an
operator where hazardous substances within the meaning of Article 3 No. 4 of Council Directive
96/82/EC of 9 December 1996 on the control of major-accident hazards involving dangerous
substances (OJ EC 1997 No. L 10, p. 13) are present or planned to be present or will be present
in one or more installations, including common or related infrastructures or activities including
storage as defined in Article 3 No. 8 of the Directive in the quantities specified in Article 2 of the
Directive, if there is reason to assume that the said hazardous substances are generated when
certain industrial chemical processes get out of control; the establishments, hazards and activities
referred to in Article 4 of Directive 96/82/EC shall be exempted from this provision.
(6) “Best available techniques” as used herein shall mean the state of development of advanced
processes, establishments or modes of operation which is deemed to indicate the practical
suitability of a particular technique for restricting emission levels to air, water or soil, for
guaranteeing installations safety or for preventing or reducing any effects on the environment
with a view to achieving a generally high level of environmental protection altogether. When
determining the best available techniques, special consideration shall be given to the criteria
listed in the Annex.
(7) Manufacture, processing or any other treatment shall be deemed to be equivalent to
“production” as used herein; any other conveyance into the jurisdiction of this Act shall be
deemed to be equivalent to “import” as used herein.
Part II
Construction and Operation of Installations
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S e c t i o n I
I n s t a l l a t i o n s S u b j e c t t o
L i c e n s i n g
Article 4
Licensing
(1) The construction and operation of installations which, on account of their nature or operation,
are particularly likely to cause any harmful effects on the environment or otherwise endanger or
cause any significant disadvantages or significant nuisances to the general public or the
neighbourhood, and the construction and operation of stationary waste disposal plants designed
to store or treat wastes shall be subject to licensing. With the exception of waste disposal plants,
any installations which do not serve commercial purposes and are not used within the framework
of business undertakings shall not be subject to licensing unless they are particularly likely to
cause harmful effects on the environment caused by air pollution or noise. After hearing the
parties concerned (Article 51), the Federal Government shall specify by ordinance, with the
consent of the Bundesrat, those types of installations which require licensing (installations
subject to licensing); the ordinance may also provide that licensing is not required for any
installation which, in its entirety or in essential parts specified in the ordinance, has been typeapproved
and constructed and operated in accordance with the construction type approval.
(2) Mining installations or parts thereof shall only be subject to licensing pursuant to paragraph
(1) above where they are constructed and operated above ground. No licence pursuant to
paragraph (1) above shall be required for open-pit installations and for any installations
necessary for their operation or indispensable for their ventilation.
Article 5
Obligations of Operators of Installations
Subject to Licensing
(1) Installations subject to licensing shall be constructed and operated in such a way that, in order
to ensure a high level of environmental protection altogether,
1. harmful effects on the environment or any other hazards, significant disadvantages and
significant nuisances to the general public and the neighbourhood are avoided;
2. precautions are taken to prevent any harmful effects on the environment or any other
hazards, significant disadvantages or significant nuisances, in particular by such
measures as are appropriate according to the best available techniques;
3. wastes are avoided, unavoidable wastes are recovered, and non-recoverable wastes are
disposed of without impairing the public welfare; wastes shall be deemed to be
unavoidable if avoidance is not technically feasible or not reasonable; avoidance shall be
deemed to be inadmissible if it leads to more adverse effects on the environment than
would be the case with the option of recovery; recovery and disposal of wastes shall be
based on the provisions of the Closed Substance Cycle and Waste Management Act and
on any other provisions applicable to wastes;
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4. economical and efficient energy use is ensured.
(2) After hearing the parties concerned (Article 51), the Federal Government shall specify by
ordinance, with the consent of the Bundesrat, those types of installations which are likely to
produce utilisable heat in significant quantities and which, according to the requirements to be
particularised in such ordinance, need to be constructed and operated in conformity with
paragraph (1) No. 4 above.1
(3) Installations subject to licensing shall be constructed, operated and closed down so as to
ensure that even after cessation of operation2,
1. no harmful effects on the environment or no other hazards, significant disadvantages and
significant nuisances to the general public and the neighbourhood may be caused by such
installation or the surrounding premises;
2. existing wastes are orderly and safely recovered or are disposed of without impairing the
public welfare and
3. restoration of the site to proper condition is guaranteed.
Article 6
Prerequisites for Licensing
(1) A licence shall be granted if
1. it is ensured that the obligations arising from Article 5 and from any ordinance issued
under Article 7 will be complied with and if
2. the construction and operation of such installation does not conflict with any other
provisions under public law and occupational safety and health concerns.
(2) In the case of installations which are operated in different modes or where different
substances are used (multi-purpose or multi-substance installations), the licence shall, upon
request, be extended to cover such different modes of operation and different substances if the
prerequisites pursuant to paragraph (1) above are fulfilled for all modes of operation and
substances covered.
1 Repealed by Article 2 of the Act of 27 July 2001 (BGBl. I p.
1950). 2 In accordance with Article 3 No. 1, in conjunction with Article 4
of the Act of 17 March 1998 (BGBl I p. 502), this version will enter
into force on 1 March 1999; according to the law in effect until
that date, the introductory part of the sentence reads as follows:
"The operator shall ensure that even after the cessation of operation"
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Article 7
Ordinances Governing the Requirements for Installations
Subject to Licensing
(1) The Federal Government is authorised, after hearing the parties concerned (Article 51), to
require by ordinance, with the consent of the Bundesrat, that the construction, nature and
operation of installations subject to licensing and their condition after cessation of operation, as
well as their supervision by the operator, must meet certain requirements in order to comply with
the obligations ensuing from Article 5 , which means, in particular, that
1. such installations shall meet specific technical requirements;
2. any emissions released from such installations shall not exceed specific limits;
2a. the use of energy shall meet certain requirements. When defining such requirements,
account shall in particular be taken of any possible shifts of adverse effects from one
protected resource to another; a high level of protection shall be ensured for the
environment as a whole;
3. the operators of any such installations shall take measurements, or have measurements
taken, of emissions and immissions using methods to be specified in such ordinance; and
4. the operators of such installations shall provide for specific safety checks as well as
specific audits of safety-related documents to be carried out by an expert pursuant to
Article 29 a according to a procedure to be specified in the ordinance, i.e.
a) during the construction or else prior to the commissioning of the installation,
b) following such commissioning or any alteration within the meaning of Article 15 or
Article 16,
c) at regular intervals or
d) at the time of or after cessation of operation,
except where provision is made for such checks in any ordinance issued under Article 11
of the Act on the Safety of Appliances (Gerätesicherheitsgesetz). When defining such
requirements, account shall in particular be taken of any possible shifts of adverse effects
from one protected resource to another; a high level of protection shall be ensured for the
environment as a whole.
(2) The ordinance may determine the degree to which the requirements set out in paragraph (1)
above as a precaution against any harmful effects on the environment must be met at the end of
given transitional periods, insofar as less exacting requirements had been set forth in a
provisional decision or a licence at the time of entry into force of such ordinance. When fixing
the duration of such transitional periods and defining any such requirements, special regard shall
be paid to the nature, volume and hazardousness of the emissions originating from the
installations as well as to the useful life and the characteristic technical features thereof. The first
and second sentences above shall apply mutatis mutandis to installations which require
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notification under Article 67 (2) or Article 67 a (1) or which, before entry into force of this Act,
required such notification under Article 16 (4) of the Industrial Code.
(3) Where the ordinance sets forth any specific requirements pursuant to Article 5 (1) No. 2 , it
may give permission, with respect to such installations as are specified in paragraph (2) above,
for a deviation to be made from the requirements specified in paragraphs (1) and (2) above as a
precaution against any harmful effects on the environment. This shall apply only if any technical
measures taken within the operator`s or third parties` installations result in an overall reduction of
emission levels for the same substances or for substances having a comparable impact on the
environment which is substantially higher than any such reduction achieved by compliance with
the requirements set on the basis of paragraphs (1) and (2) above, thus contributing to the
advancement of the purpose referred to in Article 1 . The ordinance may furthermore determine
whether and to what extent, for the purpose of performing intergovernmental agreements with
states adjoining the Federal Republic of Germany, the second sentence above may equally apply
to any such technical measures taken at installations located in such adjoining states.
(4) In order to implement any binding decisions of the European Communities, the Federal
Government may, for the purpose referred to in Article 1 and with the consent of the Bundesrat,
require by ordinance specific requirements regarding the construction, nature and operation,
cessation of operation and supervision by the operator of installations subject to licensing. For
installations subject to licensing and falling under the scope of Council Directive 1999/31/EC of
26 April 1999 on the landfill of waste (OJ EC No. L182 p. 1), the Federal Government may, with
the consent of the Bundesrat, issue an ordinance to define the same requirements as are
applicable to landfills within the meaning of Article 3 (10) of the Closed Substance Cycle and
Waste Management Act, in particular requirements for provision of security, for closure and for
the technical and professional qualification of the operator.
(5) As far as the requirements specified in paragraph (1) Nos. 1 to 4 above, also in conjunction
with paragraph (4) above, are concerned, reference may be made to generally accessible
publications by expert bodies; for this purpose,
1. the ordinance shall indicate the date of such publication and specify its source of
reference;
2. such publication shall be lodged in the archives of the German Patents Office for safe
custody, and reference thereto shall be made in the ordinance.
Article 8
Partial Licence
Upon application, a licence may be granted for construction of an installation or part of an
installation or for construction and operation of part of an installation if
1. there is a legitimate interest in granting a partial licence;
2. the licensing requirements are fulfilled for the object applied for in the partial licence and
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3. a preliminary assessment shows that there are no fundamental, unremovable obstacles to
the construction and the operation of the entire installation with regard to fulfilling the
licensing requirements.
The binding character of the provisional overall assessment shall not apply if any change in the
factual or legal situation or any individual examinations within the framework of subsequent
partial licences result in an assessment differing from the provisional overall assessment.
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Article 8 a
Permission of Early Start
(1) In a licensing procedure, the licensing authority may, upon application, provisionally permit
construction of an installation, including all measures necessary for ensuring its fitness for
operation, to start even prior to the issue of a licence if
1. a decision in favour of the applicant for the licence can be expected;
2. such early start is in the public`s interest or in the legitimate interest of the applicant
and if
3. the applicant undertakes to compensate for any damage caused by construction of
the installation prior to the decision and, if the project is not licensed, to restore the
previous status quo.
(2) The permission may be revoked at any time. It may be made subject to compliance with
certain obligations or be issued under the proviso that subsequent obligations be fulfilled. The
competent authority may request the provision of security where this is necessary to ensure that
the applicant`s obligations complied with.
(3) In a procedure for the issue of a licence pursuant to Article 16 (1) , the licensing authority
may provisionally permit the installation to be operated under the conditions set out in paragraph
(1) above if the alteration serves the purpose of meeting an obligation derived from this Act or
from an ordinance issued on the basis of this Act.
Article 9
Provisional Decision
(1) Upon application, a provisional decision may be rendered with regard to particular
prerequisites for issue of a licence and the choice of the site for the installation in question,
provided that the implications resulting from the proposed installation can be adequately
assessed and that there exists a legitimate interest in the issue of such a provisional decision.
(2) The provisional decision shall become invalid if the applicant fails to apply for a licence
within two years from the date on which the provisional decision has become final; upon
application, this term may be extended to up to four years.
(3) The provisions of Articles 6 and 21 shall apply mutatis mutandis.
Article 10
Licensing Procedure
(1) Institution of the licensing procedure shall be subject to submission of a written application.
Any drawings, explanations and other supporting documents required for verification purposes
in accordance with Article 6 shall be added to this application. If the documents submitted are
not sufficient for such verification, the applicant shall, if so requested by the competent authority,
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furnish additional documents within a reasonable period. If the application is submitted in
electronic form, the competent authority may order the applicant to produce copies thereof and
submit the documents to be attached to the application in written form as well.
(2) Where any documents presented contain any industrial secrets, such documents shall be
marked accordingly and submitted separately. Where this can be done without disclosing the
secret contained in such document, the contents thereof must be described in sufficient detail to
enable any third parties to assess whether and to what extent they may be affected by the
installation in question.
(3) If the documents submitted are complete, the competent authority shall give public notice of
the project in its official gazette and, additionally, in any local daily newspapers that are widely
read in the area where the installation is to be constructed. With the exception of the documents
referred to in paragraph (2) first sentence above, the application and the supporting documents
shall be laid open for public inspection for a period of one month following such notice; any
objections raised against the project may be lodged in writing with the competent authority
within two weeks after expiry of the inspection period. At the end of the period allowed for
objections, no further objections shall be admissible unless they are based on any special titles
under civil law.
(4) The notice pursuant to paragraph (3) first sentence above shall
1. indicate the date when and the place where the application for the issue of a licence and
the supporting documents will be laid open for public inspection;
2. invite those concerned to lodge any objections with an authority to be specified in the
notice within the period allowed for such objections; in this connection, reference shall
be made to the legal consequences ensuing from paragraph (3) third sentence above;
3. fix a date for public discussion and announce that all objections duly submitted will be
discussed even in the event that the applicant or any person having lodged any such
objection should be absent;
4. point out that service of any decision taken regarding the objections raised may be
replaced by a public notice.
5. (Repealed)
(5) The authority responsible for the issue of the licence (licensing authority) shall seek the
opinion of any other authorities affected by the project. Insofar as a permission in accordance
with any other laws is required for the project itself or for any other projects in direct spatial or
operational connection with it which may have any effects on the environment and be of
relevance to the issue of the licence, the licensing authority shall ensure full coordination of the
permission procedures as well as of the substantive and collateral provisions.
(6) After expiry of the period allowed for objections, the licensing authority shall discuss the
arguments against the project with the applicant and with those having raised them. As regards
objections lodged on the basis of special titles under civil law, recourse shall be had to a court of
general jurisdiction.
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(6a) The application for a licence shall be decided upon within a period of seven months, and in
simplified procedures, within a period of three months, after receipt of the application and the
documents to be presented pursuant to paragraph (1) second sentence above. The competent
authority may in each case extend this period by three months, if this is necessary due to the
difficult nature of the examination or for reasons attributable to the applicant. The reason for
such an extension of the period shall be specified vis-à-vis the applicant.
(7) The final decision on the issue of a licence shall be notified in writing, including a written
statement of the grounds, and be served on the applicant and on any persons having lodged
objections.
(8) Service of the licensing decision to the persons having raised objections may be replaced by
public notice. Publication shall take the form of notice being given of the mandatory part of the
final decision and the necessary information on legal remedies, with paragraph (3) first sentence
above being applied accordingly; any additional obligations imposed shall be indicated. In that
case, a copy of the complete decision shall be laid open for public inspection for a period of two
weeks following such notice. The public notice shall contain all details as to where and when the
final decision and the statement of the grounds thereof may be inspected and copies requested
pursuant to the sixth sentence below. Such final decision shall be deemed to be served, including
to third parties who have not made any objections, with the expiry of the inspection period; this
information shall be included in the public notice. As soon as the public notice has been given,
copies of the final decision including the statement of grounds may be requested in writing until
the end of the period fixed for raising objections by any person having lodged an objection.
(9) Paragraphs (1) to (8) above shall apply mutatis mutandis to the issue of a provisional
decision.
(10) The Federal Government is authorised to regulate the licensing procedure by ordinance,
with the consent of the Bundesrat; provision may be made in such ordinance for the procedure to
be used for licensing under the simplified procedure (Article 19) as well as for the issue of a
provisional decision (Article 9), of a partial licence (Article 8) and of a permission of an early
start (Article 8 a). Such ordinance shall also specify the requirements to be met by the licensing
procedure for installations which have to undergo an environmental impact assessment pursuant
to the Act on the Assessment of Environmental Impacts.
(11) The Federal Ministry of Defence is authorised to regulate by ordinance, in agreement with
the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety and with the
consent of the Bundesrat, the licensing procedure for installations serving national defence
purposes, notwithstanding paragraphs (1) to (9) above.
Article 10 a3
(Administrative Assistance)
(Repealed)
3 Expired on 30 June 1994.
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Article 11
Objections by Third Parties in the Case of Partial Licences or Provisional Decisions
Where a partial licence has been granted or a provisional decision has been rendered and where
such partial licence or provisional decision has become final, third parties shall not be entitled, in
any subsequent licensing procedure for construction and operation of such installation, to raise
any objections on the basis of facts which were presented in due time in the previous procedure
or which could have been presented in view of the documents laid open for public inspection.
Article 12
Collateral Licensing Provisions
(1) The granting of a licence may be tied to specific conditions and obligations where this is
necessary to warrant compliance with the conditions for licensing referred to in Article 6 .
In the case of waste disposal facilities within the meaning of Article 4 (1) first sentence ,
provision of security may be imposed to ensure compliance with the requirements of Article 5
(3).
(2) Upon application, the licence may be granted for a limited period. It may be granted with the
proviso that it can be revoked if an installation subject to licensing is intended for test purposes
only.
(2a) With the consent of the applicant, the licence may be granted with the proviso that
subsequent obligations may be imposed, insofar as this is to serve a more detailed specification
of any requirements with regard to construction and operation of an installation at a point in time
following the granting of the licence which have already been sufficiently defined and laid down
in general terms in the licence. This provision shall, under the conditions set out in the first
sentence above, also be applicable if the authority concerned fails to submit its comments in
time.
(2b) In the case of Article 6 (2) , the applicant shall be bound by an obligation to inform the
competent authority without undue delay of the first-time production or use of any other
substance under the permitted mode of operation.
(3) The partial licence may be granted for a limited period or with the proviso that it may be
revoked or tied to specific conditions pending final decision on the granting of a licence.
Article 13
Licence and Other Official Decisions
The licence shall include other official decisions with a bearing on the installation, in particular
public-law licences, approvals, grantings, permits and authorisations – with the exception of plan
approvals, approvals of operation plans under mining law, official decisions based on the Atomic
Energy Act and permits and authorisations under water law pursuant to Articles 7 and 8 of the
Federal Water Act.
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Article 14
Exclusion of Civil-Law Claims to Protection against Abridgement of Legal Rights
Nobody shall have the right to request cessation of operation at any installation on grounds of
civil-law claims, not based on specific titles, to protection against the detrimental impacts
emanating from any piece of land on neighbouring premises, insofar as the licence for such an
installation has become final; it shall only be admissible to insist on such precautionary measures
as are necessary to prevent such detrimental impacts. If such measures are not technically
feasible according to the best available techniques or not economically viable, compensation
may only be claimed for the actual damage suffered.
Article 14 a
Simplified Procedure for Bringing an Action
Unless the specific conditions of the case warrant a shorter period of time, the applicant may
bring an action to an administrative court if his objection has not been decided upon within a
period of three months of lodging it.
Article 15
Alterations to Installations Subject to Licensing
(1) Unless no licence is applied for, any alteration to the location, nature or operation of an
installation subject to licensing shall be notified to the competent authority in writing at least one
month before this alteration is due to be undertaken, if the alteration may have an effect on any
of the protected resources referred to in Article 1. This notification shall include documents as
defined in Article 10 (1) second sentence , insofar as these documents may be necessary for
determining whether the project is subject to licensing. The competent authority shall without
undue delay inform the party carrying out the project in writing of receipt of the notification and
the relevant documents. Upon receipt of the notification, it shall also, without undue delay,
inform the party carrying out the project of which additional documents it needs to determine to
what extent the requirements pursuant to Article 16 (1) have been fulfilled. The first to fourth
sentences shall apply mutatis mutandis to installations which have to be notified in accordance
with Article 67 (2) or Article 67 a (1) or which have to be notified prior to the entry into force of
this Act in accordance with Article 16 (4) of the Industrial Code (Gewerbeordnung).
(2) The competent authority shall examine without undue delay, but no later than one month
after receipt of the notification and the documents required pursuant to paragraph (1) second
sentence above, whether the alteration is subject to licensing. The party carrying out the project
shall be allowed to perform the alteration as soon as the competent authority advises him that the
alteration does not require licensing or if it does not comment on it within the period of time
referred to in the first sentence above. Paragraph (1) third sentence above shall apply mutatis
mutandis to any documents presented subsequently.
(3) If the operator plans to cease operation of an installation subject to licensing, he shall notify
the competent authority without undue delay of the planned cessation and state the date of
cessation. The notification shall also include documents on the measures which the operator
plans to take in order to fulfil the obligations arising from Article 5 (3) . The first and second
- 17 -
sentences above shall apply mutatis mutandis to the installations described in paragraph (1) fifth
sentence above.
(4) The exact details for the procedure pursuant to paragraphs (1) to (3) above may be covered in
the ordinance pursuant to Article 10 (10) .
Article 15 a4
Permission of Early Beginning
(Repealed)
Article 16
Major Alterations to Installations
Subject to Licensing
(1) Any alteration of the location, nature or operation of an installation subject to licensing
shall require a licence if it may lead to any adverse effects which may be of relevance
with regard to an examination pursuant to Article 6 (1) No. 1 (major alteration). A
licence shall not be necessary if the adverse effects due to the alteration are obviously
minor and fulfilment of the obligations arising from Article 6 (1) No. 1 can be
guaranteed.
(2) The competent authority shall refrain from informing the public of the project and from
laying open the application and the documents for public inspection if the party carrying
out the project files an application to this effect and if there is no reason to fear any
significant adverse effects on the protected resources referred to in Article 1. This shall
be deemed to be the case in particular where it is recognisable that these effects can be
ruled out due to the measures taken or planned to be taken by the party carrying out the
project or if the disadvantages are minor in relation to the comparable advantages in the
individual case. If the major alteration refers to an installation subject to licensing in a
simplified procedure this major alteration shall also be licensed within the framework of
a simplified procedure. Article 19 (3) shall apply mutatis mutandis.
(3) The application for a licence shall be decided upon within a period of six months or, in
the case of paragraph (2) above, within the period of three months. In all other respects,
Article 10 (6a) second and third sentences shall apply mutatis mutandis.
(4) The party carrying out the project may apply for a licence with respect to any alteration
subject to notification requirements pursuant to Article 15 (1) hererof. This licence shall
be granted in a simplified procedure; paragraph (3) above and Article 19 (3) shall apply
mutatis mutandis.
(5) A licence shall not be required if a licensed installation or parts of a licensed installation
are to be replaced or substituted within the framework of a previously granted licence.
4 Repealed by Article 1 of the Act of 9 October 1996 (BGBl. I p. 1498)
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- 19 -
Article 17
Subsequent Orders
(1) In order to perform the obligations resulting from this Act or from any ordinance issued
hereunder, orders may be issued following the granting of the licence or an alteration notified
pursuant to Article 15 (1) . If after the issue of such a licence or after an alteration notified
pursuant to Article 15 (1), the protection of the general public or the neighbourhood against any
harmful effects on the environment or any other hazards, significant disadvantages and
significant nuisances turns out to be inadequate, the competent authority shall issue subsequent
orders.
(2) The competent authority shall not issue any subsequent order if such order would lack
proportionality, above all if the effort needed to comply with an initial order is not commensurate
with the desired effect; in this respect, special attention shall be paid to the nature, volume and
hazardousness of the emissions originating from the installation and the immissions released by
it as well as to the useful life and the characteristic technical features of the installation. Where a
subsequent order is not permitted for lack of proportionality, the competent authority shall
revoke the licence wholly or in part in accordance with the provisions of Article 21 (1) Nos. 3 to
5 ; Article 21 (3) to (6) shall be applicable.
(3) Where the requirements referred to in Article 5 (1) No. 2 are definitely laid down by
ordinance, no subsequent orders shall be issued to impose any additional requirements as a
precaution against any harmful effects on the environment.
(3a) The competent authority shall refrain from issuing any subsequent orders where a plan
submitted by the operator provides for technical measures to be taken at the operator`s or any
other party’s installations which result in a reduction of emission levels for the installations
concerned which is substantially higher than the aggregate of reductions which would be
attainable by issuing subsequent orders for the performance of the obligations ensuing from this
Act or from any ordinance issued hereunder, thus promoting the advancement of the purpose
referred to in Article 1 . This shall not apply where the operator is already under an obligation to
reduce emissions following the issue of a subsequent order pursuant to paragraph (1) above or
imposition of an obligation under Article 12 (1) or where such subsequent order is to be issued
pursuant to paragraph (2) second sentence above. Compensation shall only be permitted among
substances of the same type or substances having a comparable impact on the environment. The
first, second and third sentences above shall also be applicable to installations not ready for
operation for which a licence covering construction and operation has already been granted or for
which any specific requirements pursuant to Article 5 (1) No. 2 have been laid down in a
provisional decision or a partial licence issued. The implementation of the measures provided for
in such a plan shall be ensured by means of an order.
(4) If the performance of the order calls for a major alteration in the location, nature or operation
of the installation and if the order does not contain any definitive instructions as to how it is to be
performed, such alteration shall be subject to licensing in accordance with Article 16 .
(4a) In the case of waste disposal facilities within the meaning of Article 4 (1) first sentence,
provision of security may be imposed to ensure compliance with the requirements of Article 5
(3).
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(5) Paragraphs (1) to (4a) above shall apply mutatis mutandis to installations which are subject to
notification under Article 67 (2) or which were subject to notification pursuant to Article 16 (4)
of the Industrial Code before entry into force of this Act.
Article 18
Expiry of the Licence
(1) The licence shall expire if
1. construction and operation of the installation have not been commenced within a
reasonable period fixed by the licensing authority or if
2. the installation has on longer been operated for a period of more than three years.
(2) Furthermore, the licence shall expire if the requirement to obtain a licence has ceased to exist.
(3) The licensing authority may extend the periods specified in paragraph (1) above for good
cause, provided that this is without prejudice to the purpose of this Act.
Article 19
Simplified Procedure
(1) It may be provided by ordinance under Article 4 (1) third sentence that licensing of
installations of a specific type or size is subject to a simplified procedure insofar as, in view of
the nature, extent and duration of the harmful effects on the environment and of any other
hazards, significant disadvantages and significant nuisances caused by such installations, this is
compatible with the protection of the general public and the neighbourhood. The first sentence
above shall apply mutatis mutandis to waste disposal installations.
(2) Article 10 (2), (3), (4), (6), (8) and (9) and Articles 11 and 14 shall not be applicable to the
simplified procedure.
(3) Notwithstanding paragraphs (1) and (2) above, the licence shall not be granted in a simplified
procedure, if so requested by the party carrying out the project.
Article 20
Prohibition, Closure and Dismantling
(1) If the operator of an installation subject to licensing fails to comply with an additional
condition imposed on him, an enforceable subsequent order given or a definitive obligation
ensuing from an ordinance issued under Article 7 , and if any such condition, order or obligation
has a bearing on the nature or operation of the installation, the competent authority may wholly
or in part prohibit that operation pending compliance with the condition, order or obligation
ensuing from the ordinance issued under Article 7 .
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(1a)5 The competent authority shall, wholly or in part, prohibit the commissioning or continued
use of an installation subject to licensing which is an establishment or part of an establishment
and serves commercial purposes or is used within the framework of business undertakings when
and if the measures taken by the operator to prevent major accidents within the meaning of
Article 3 No. 5 of Council Directive 96/82/EC or to limit the consequences of such accidents are
clearly inadequate. The competent authority may, wholly or in part, prohibit the commissioning
or continued use of an installation as defined in the first sentence above if the operator fails to
submit in time the communications, reports or any other information required by any ordinance
issued for the implementation of Directive 96/82/EC.
(2) The competent authority shall issue orders to close down or dismantle any installation
constructed, operated or materially altered without the required licence to do so. It shall order the
dismantling of the installation where the general public or the neighbourhood cannot be
adequately protected in any other way.
(3) The competent authority may prohibit the continued operation of an installation subject to
licensing by the operator or any person in charge of operation if there are proven facts supporting
the incompetence of such persons to observe the legal provisions concerning the protection
against any harmful effects on the environment and if such prohibition is deemed to be advisable
in view of the public welfare. Upon application, the operator of such installation may be granted
permission to have the installation operated by some other person who warrants normal
operation the installation. Such permission may be subject to specific conditions.
Article 21
Revocation of the Licence
(1) Even after having become final, a licence duly granted under this Act may only be
revoked wholly or in part for any future operation if
1. such revocation has been made a proviso pursuant to Article 12 (2) second sentence or
(3) ;
2. the licence has been granted subject to a specific condition which the beneficiary has
either failed to comply with or has been unable to comply with within the time-limit
set;
3. the licensing authority were entitled by virtue of facts having occurred subsequently to
refuse to grant such a licence and if non-revocation would put the public interest at
risk;
4. the licensing authority were entitled by virtue of a revised legal provision to refuse to
grant such a licence, where the operator has not yet made use of the licence, and if
non-revocation might be of prejudice to the public interest;
5 In accordance with Article 3 of the Act of 19 October 1998 (BGBl.
I, p. 3178), this paragraph will enter into force on 3 February
1999.
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5. this helps to prevent or eliminate any serious impairments of the public welfare.
(2) If the licensing authority obtains knowledge of any facts justifying revocation of a licence,
such revocation shall only be admissible within a period of one year after such facts have
become known.
(3) When revoked, the licence shall become invalid as soon as the revocation takes effect,
unless the licensing authority specifies a later date.
(4) If a licence is revoked in any of the cases referred to in paragraph (1) Nos. 3 to 5 above,
the licensing authority shall, if so requested, compensate the party concerned for the financial
prejudice suffered by the party as a result of his trusting in the continued validity of the
licence, where such trust is deemed to be worthy of protection. However, any such financial
prejudice suffered shall not be compensated beyond the value of the interest which the party
concerned has in the continuance of the licence. The financial prejudice subject to
compensation shall be fixed by the licensing authority. Any claims may only be filed within a
period of up to one year; such period shall start as soon as the licensing authority has given
notice to the parties concerned.
(5) The Länder may deviate from the provision specified in paragraph (4) first sentence above,
in respect of the party liable for payment of compensation.
(6) Any disputes arising out of the payment of compensation may be settled in a court of
general jurisdiction.
(7) Paragraphs (1) to (6) above shall not be applicable if a licence challenged by a third party
is revoked during the preliminary proceedings or during legal proceedings in an
administrative court, insofar as this remedies any such objection or action.
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S e c t i o n II
I n s t a l l a t i o n s n o t S u b j e c t t o
L i c e n s i n g
Article 22
Obligations of Operators of Installations
not Subject to Licensing
(1) Installations not subject to licensing shall be constructed and operated in such a way that
1. any harmful effects on the environment which are avoidable with the use of the best
available techniques are prevented;
2. any harmful effects on the environment which are unavoidable with the use of the best
available techniques are kept to a minimum and
3. any wastes produced during the operation of such installations can be properly
disposed of.
The Federal Government shall be authorised, after hearing the parties concerned (Article 51),
to define the installations to which the requirements of Article 5 (1) No. 3 apply mutatis
mutandis on grounds of the nature and the volume of all or individual wastes through an
ordinance with the consent of the Bundesrat.
In the case of installations which do not serve commercial purposes and are not used within
the framework of business undertakings, the obligation referred to in the first sentence above
shall only apply where its aim is to prevent or limit any harmful effects on the environment
caused by air pollution or noise.
(2) Nothing herein contained shall affect any other legal provisions under public law.
Article 23
Requirements Concerning the Construction, Nature and Operation of Installations not
Subject to Licensing
(1) The Federal Government is authorised, after hearing the parties concerned (Article 51), to
require by ordinance, with the consent of the Bundesrat, that the construction, nature and
operation of installations not subject to licensing meet specific requirements with a view to
protecting the general public and the neighbourhood from any harmful effects on the
environment and - where these installations serve commercial purposes or are used within the
framework of business undertakings and are establishments or parts of establishments - from any
other hazards arising from major accidents within the meaning of Article 3 No. 5 of Council
Directive 96/82/EC or for limiting the consequences of such accidents for humans and the
environment, as well as taking precautions against such harmful effects on the environment,
which means in particular that
1. such installations shall meet specific technical requirements;
- 24 -
2. the emissions released from the installations shall not exceed certain specific limits;
3. the operators of the installations shall take measurements of emissions and immissions
using methods to be particularised in the ordinance, or have such measurements taken
by an agency to be specified in the ordinance;
4. the operators of specific installations shall without undue delay notify the competent
authority of the commissioning or of an alteration of the installation which may be
relevant for fulfilling the obligations prescribed in the ordinance and
4a. within an appropriate period of time prior to the construction, commissioning or any
alteration of these installations which may be relevant for meeting the obligations defined
in the ordinance, the operators of installations which are establishments or parts of
establishments shall notify the competent authority of this and that
5. certain installations may only be operated after certification from an expert nominated
publicly by the authority responsible under Land law has been submitted stating that
the installation meets the requirements of the ordinance or of a construction type
approval pursuant to Article 33.
The ordinance pursuant to the first sentence above may also define the requirements that
experts have to satisfy with regard to their technical qualification, reliability and technical
equipment. Article 7 (5) shall apply mutatis mutandis to the requirements set out in the first
sentence Nos. 1 to 3 above.
(1a) An ordinance pursuant to paragraph (1) above may prescribe for specific installations
not subject to licensing that upon request of the party carrying out the project, a procedure for
granting a licence pursuant to Article 4 (1) first sentence in conjunction with Article 6 shall
be completed . In the case of an application pursuant to the first sentence above, the
provisions governing installations subject to licensing, rather than the provisions on
installations not subject to licensing, shall be applied to the installation concerned. Article 19
(2) and (3) shall apply mutatis mutandis to this procedure.
(2) Where the Federal Government does not make use of the authorisation, the Land
governments are authorised to lay down by ordinance appropriate provisions in compliance
with paragraph (1) above. The Land governments may delegate such authorisation to one or
several supreme Land authorities.
Article 24
Orders on a Case-to-Case Basis
The competent authority may, on a case-to-case basis, issue such orders as are necessary to
ensure compliance with Article 22 and the ordinances issued under this Act. If the objective
of any such order can also be achieved by a measure intended for labour protection, such
measure shall be ordered.
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Article 25
Prohibition
(1) If the operator of an installation does not comply with an enforceable official order
pursuant to Article 24 first sentence , the competent authority may wholly or in part prohibit
the operation of such installation pending compliance with such order.
(1a)6 The competent authority shall, wholly or in part, prohibit the commissioning or the
continued use of an installation not subject to licensing which is an establishment or part of an
establishment and serves commercial purposes or is used within the framework of business
undertakings when and if the measures taken by the operator to prevent major accidents within
the meaning of Article 3 No. 5 of Council Directive 96/82/EC or to limit the consequences of
such accidents are clearly inadequate. The competent authority may, wholly or in part, prohibit
the commissioning or the continued use of an installation as defined in the first sentence above if
the operator fails to submit in time the communications, reports or any other information
required by any ordinance issued for the implementation of Directive 96/82/EC.
(2) If the harmful effects on the environment caused by an installation are deemed to threaten
the life or health of human beings or are likely to cause damage to valuable material assets,
the competent authority shall wholly or in part prohibit the construction or operation of such
installation where the general public or the neighbourhood cannot be adequately protected in
any other way.
6 In accordance with Article 3 of the Act of 19 October 1998
(BGBl. I, p. 3178), this paragraph will enter into force on 3
February 1999.
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S e c t i o n III
D e t e r m i n a t i o n o f E m i s s i o n s
a n d I m m i s s i o n s
S a f e t y C h e c k s
I n s t a l l a t i o n s S a f e t y C o m m i s s i o n
Article 26
Measurements Taken for Special Reasons
The competent authority may order that the operator of an installation subject to licensing or,
insofar as Article 22 is applicable, of an installation not subject to licensing, shall have the
nature and type of the emissions released from such installation and the immissions occurring
within the sphere of influence of such installation determined by one of the agencies
designated by the authority responsible pursuant to Land law if there is reason to fear that any
harmful effects on the environment may be caused by such installation. The competent
authority is authorised to specify details regarding the type and extent of the measurements to
be made and regarding the presentation of the results thereof.
Article 27
Emission Declaration
(1) The operator of an installation subject to licensing shall, within a period to be fixed by the
authority or on the date fixed in the ordinance issued pursuant to paragraph (4) below, be
liable to provide the competent authority with information on the type and volume and the
spatial and temporal distribution of air pollutants emitted from the installation within a
specified period, including the conditions governing such emission (emission declaration); he
shall update the emission declaration in accordance with the ordinance referred to in
paragraph (4) below. Article 52 (5) shall apply mutatis mutandis. The first sentence above
shall not be applicable to operators of installations emitting only minor quantities of air
pollutants.
(2) Articles 93, 97, 105 (1), Article 111 (5), in conjunction with Article 105 (1) and Article
116 (1) of the Fiscal Code (Abgabenordnung), shall not be applicable to the information and
documents obtained pursuant to paragraph (1) above. This shall not apply where the tax
authorities need such information for the institution of proceedings on grounds of a fiscal
offence and tax assessment proceedings ensuing therefrom for the prosecution of which there
exists a compelling public interest, or where deliberately false information has been given by
the person liable to furnish such information or by any other person acting on his behalf.
(3) The content of the emission declaration shall be disclosed to third parties upon request. No
details of the emission declaration shall be published or disclosed to third parties if these
could be used to draw conclusions concerning industrial secrets. When submitting the
emission declaration, the operator shall contact the competent authority and specify which of
the details contained in the emission declaration would allow such conclusions to be drawn.
(4) The Federal Government is authorised to establish by ordinance, with the consent of the
Bundesrat, the content, scope, form and time of the emission declaration, the procedure to be
observed when determining emissions and the deadline for completing the update of the
- 27 -
emission declaration. Provision shall also be made in such ordinance as to which of the
operators of installations subject to licensing are to be exempted from the obligation to submit
an emission declaration pursuant to paragraph (1) third sentence above. In addition, to ensure
compliance with any obligations arising from binding decisions of the European
Communities, the ordinance may require the competent authorities to provide the Federal
Ministry for the Environment, Nature Conservation and Nuclear Safety with emission data
from the emission declarations, to be forwarded via the authorities responsible under Land
law at a previously determined time.
Article 28
Initial and Recurrent Measurements
in the Case of Installations Subject to Licensing
In the case of installations subject to licensing, the competent authority may,
1. after the commissioning or any alteration within the meaning of Article 15 or
Article 16 , and then,
2. at the end of a period of any three-year period,
issue orders pursuant to Article 26 even in the absence of the requirements specified therein.
If, in view of the type, volume and hazardousness of the emissions released from the
installation, the authority deems it necessary to carry out any measurements even during the
period specified in No. 2 above, it shall provide, upon application by the operator, for such
measurements to be carried out by the immission control officer, provided that he has the
requisite technical qualification, reliability and technical equipment for such purpose.
Article 29
Continuous measurements
(1) In the case of installations subject to licensing, the competent authority may order specific
emissions or immissions to be determined continuously by means of measurement loggers in
lieu of individual measurements pursuant to Article 26 or Article 28 or in addition to such
measurements. In the case of installations with substantial mass flows of air pollutants, orders
pursuant to the first sentence above shall be issued, taking into account the type and
hazardousness of these substances, if, owing to the nature of the installation, the possibility of
exceeding any emission limits specified in any legal provisions adopted, conditions imposed
or orders issued cannot be ruled out.
(2) In the case of installations not subject to licensing, the competent authority may, where
Article 22 is applicable, order specific emissions or immissions to be determined
continuously by means of measurement loggers in lieu of individual measurements pursuant
to Article 26 or in addition to such measurements, if this is deemed necessary to establish
whether or not the installation causes any harmful effects on the environment.
- 28 -
Article 29 a
Orders Regarding Safety Checks
(1) The competent authority may order the operator of an installation subject to licensing to
entrust one of the experts designated by the authority responsible under Land law with the
performance of certain safety checks as well as of audits of safety-related documents. The
order may provide for such checks and audits to be carried out by either the hazardous
incidents officer (Article 58 a), a licensed supervisory body pursuant to Article 14 (1) of the
Safety of Equipment Act or an expert appointed pursuant to any ordinance issued for
installations pursuant to Article 2 (2a) of the Safety of Equipment Act, provided that these
have the requisite technical qualification, reliability and technical equipment for such
purpose; the same shall apply to any expert appointed pursuant to Article 36 (1) of the
Industrial Code who can furnish proof of his specific professional qualification in the field of
safety checks. The competent authority is authorised to prescribe details regarding the type
and scope of such safety checks and the presentation of the result thereof.
(2) Orders for the performance of such checks may be issued
1. for a specific date during the construction of the installation or else before
commissioning at the installation;
2. for a specific date after such commissioning;
3. at regular intervals;
4. in the event of a cessation of operation or
5. if there is any evidence to suggest that certain safety-related requirements are not met.
The first sentence above shall apply mutatis mutandis in the case of an alteration within the
meaning of Article 15 or Article 16 .
(4) The operator shall submit the results of the safety checks to the competent authority no
later than one month after completion of the checks; he shall present the results without undue
delay if this is deemed necessary for averting imminent dangers.
Article 30
Costs of Measurements and Safety Checks
The costs for the determination of emissions and immissions as well as for the safety checks
shall be borne by the operator of the installation. In the case of installations not subject to
licensing, the operator shall bear the costs for measurements carried out pursuant to Article 26
or Article 29 (2) only if it becomes evident from the measurements that
1. certain conditions imposed or orders issued in accordance with the provisions of this
Act or of any ordinance issued hereunder have not been complied with or that
- 29 -
2. such orders issued or conditions imposed in accordance with the provisions of this Act
or of any ordinance issued hereunder are deemed necessary.
Article 31
Information regarding Emissions and Immissions Measured
The operator of an installation shall, if so requested, inform the competent authority of the
result of any measurements taken by virtue of an order given pursuant to Article 26, 28 or 29
and shall keep the recordings of the measuring equipment pursuant to Article 29 in safe
custody for five years. The competent authority may prescribe the mode of transmission of
such results. The results of the monitoring of emissions submitted to the authority shall be
made accessible to the general public in accordance with the provisions of the Environmental
Information Act of 8 July 1994 (BGBl. I p. 1490), with the exception of Article 10 of that
Act, as last amended by Article 21 of the Act on the Implementation of the EIA Amendment
Directive, the IPPC Directive and other EC Directives for the Protection of the Environment
of 27 July 2001 (BGBl. I p. 1950).
Article 31 a
Installations Safety Commission
(1) An Installations Safety Commission shall be constituted at the Federal Ministry for the
Environment, Nature Conservation and Nuclear Safety. The Installations Safety Commission
shall advise the Federal Government or the competent Federal Ministry on any safety-related
issues concerning the prevention of hazardous incidents and the limitation of their impacts. It
shall work out appropriate rules in accordance with the best available techniques of safety
technology (safety rules), taking into account any such rules as already exist in respect of
other objectives for protection.
(2) As well as representatives of the Federal authorities and the supreme Land authorities
concerned and the chairmen of the sub-committees pursuant to paragraph (3) below,
appointments to the Installations Safety Commission shall in particular include
representatives from the scientific world, the experts referred to in Article 29 a , the operators
of installations, the trade associations, the chairmen of the committees set up pursuant to
Article 11 (2) of the Safety of Equipment Act and pursuant to Article 44 (1) of the Ordinance
on Hazardous Substances as well as the chairman of the Hazardous Incidents Commission.
The Installations Safety Commission may set up sub-committees; appointments to such subcommittees
may include experts who do not belong to the Installations Safety Commission.
(3) The Installations Safety Commission shall adopt its own rules of procedure and elect a
chairman from among its members. The rules of procedure and the election of the chairman
shall be subject to approval by the Federal Ministry for the Environment, Nature Conservation
and Nuclear Safety.
(4) Safety rules may be published by the Federal Ministry for the Environment, Nature
Conservation and Nuclear Safety in the Bundesanzeiger (Federal Gazette) after hearing the
Land authorities responsible for installations safety.
- 30 -
- 31 -
Part III
Nature of Installations, Substances, Products, Fuels and Lubricants
Article 32
Nature of Installations
(1) The Federal Government is authorised, after hearing the parties concerned (Article 51), to
require by ordinance, with the consent of the Bundesrat, that series-produced parts of
operating plants and of any other stationary facilities and the installations referred to in
Article 3 (5) No. 2 , including series-produced parts thereof, shall not be placed on the market
or imported, be it commercially or within the framework of business undertakings, unless
they satisfy specific requirements for the protection against any harmful effects on the
environment caused by air pollution, noise or vibration. In any ordinance pursuant to the first
sentence above, it may in particular be provided that
1. the emissions released from the installations or series-produced parts thereof shall not
exceed certain emission values;
2. the installations or series-produced parts thereof shall comply with certain technical
requirements for the control of emissions.
The emission values referred to in the second sentence No. 1 above may be fixed for some
future date after the entry into force of the ordinance, taking into account the latest
technological developments. Article 7 (5) shall apply mutatis mutandis to the requirements
set out in the first, second and third sentences above.
(2) It may furthermore be required by ordinance that no installations or series-produced parts
thereof shall be placed on the market or imported, be it commercially or within the framework
of business undertakings, unless they carry a label indicating the amount of emissions caused
by them.
Article 33
Construction Type Approval
(1) In order to protect the environment from any harmful effects and to take precautionary
action against any environmental damage, the Federal Government, after hearing the parties
concerned (Article 51), is authorised, by ordinance and with the consent of the Bundesrat,
1. to stipulate that installations described in Article 3 (5) No. 1 or 2 , or specific parts of
such installations, may be generally permitted after a pattern examination and that
construction type approval may be made conditional upon compliance with additional
requirements concerning the construction and operation of the installations;
2. to require that certain installations produced in series or specific parts produced in
series for these installations may be placed on the market commercially or within the
framework of business undertakings only if the construction type of the installation or
the part in question has been generally approved and the installation or the part
corresponds to the approved pattern;
- 32 -
3. to regulate the construction type approval procedure;
4. to stipulate which fees and expenses must be paid for the construction type approval;
the fees charged shall only serve to cover the personnel and operating expenses
incurred in connection with the tests which include in particular the costs of experts,
test equipment and test materials as well as the cost for developing suitable test
procedures and exchanging experience; provision may be made for a fee to be raised
even if an examination was not commenced at all or not completed, if responsibility
for the reasons for this lies with the party having applied for the examination; the
amount of the fee shall depend on the average number of hours which an expert
spends on the different tests required for the type of installation in question; matters
such as cost exemption, definition of the parties entitled to receive and obliged to pay
a fee, the extent to which expenses must be reimbursed and the way in which costs
must be charged may all be regulated by the ordinance in derogation of the provisions
of the Act on Administrative Expenses (Verwaltungskostengesetz) of 23 June 1970
(BGBl. I p. 821).
(2) The approval of the construction type shall only be made conditional upon compliance
with the requirements set out in Article 32 (1) and (2) or in any other ordinances, as well as
upon provision of proof concerning the level of emissions from the installation or part of the
installation.
Article 34
Nature of Fuels and Lubricants
(1) The Federal Government is authorised, after hearing the parties concerned (Article 51), to
require by ordinance, with the consent of the Bundesrat, that fuels, lubricants or any additives
thereto shall not be produced, placed on the market or imported, be it commercially or within
the framework of business undertakings, unless they meet certain requirements for the
protection against any harmful effects on the environment caused by air pollution. In any
ordinance pursuant to the first sentence above, it may in particular be provided that
1. any natural constituents of fuels or lubricants or any additives thereto pursuant to the
first sentence above which, in the case of normal use of such fuels, lubricants or
additives thereto for the intended purpose, are deemed to give rise to air pollution or
obstruct measures aimed at combating air pollution shall not be added or shall not
exceed a certain maximum content;
1a. additives to fuels or lubricants shall not contain any of a list of substances which are
deemed to give rise to air pollution or obstruct measures aimed at combating air
pollution, or shall only contain special compositions of these substances;
2. fuels or lubricants pursuant to the first sentence above shall contain certain additives
which help limit the formation of air pollution;
3. fuels, lubricants or any additives thereto pursuant to the first sentence above shall
undergo special treatment which helps limit the formation of air pollution;
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4. anyone who produces or imports liquid fuels, lubricants or any additives thereto or in
any other way moves them into the jurisdiction of this Act, be it commercially or
within the framework of business undertakings, shall notify the competent supreme
Federal authority of
a) any additives to such liquid fuels or lubricants that are composed of any chemical
elements other than carbon, hydrogen and oxygen, and
b) any details still to be particularised of the type and quantity used and the
potentially harmful effects of these additives or any combustion products thereof on
the environment.
Such requirements as are referred to in the second sentence above may also be fixed for some
future date after the entry into force of the ordinances, taking into account the latest
technological developments. Article 7 (5) shall apply mutatis mutandis to the requirements
set out in the first, second and third sentences above.
(2) The Federal Government is authorised to require by ordinance, with the consent of the
Bundesrat,
1. that for imports of fuels, lubricants or any additives thereto which are the subject of
any such requirements as are specified in paragraph (1) first sentence above, a written
statement by the manufacturer indicating the nature of such fuels, lubricants or
additives thereto must be submitted to the customs authorities, and subsequently
carried along during conveyance until the consignment has reached its first place of
destination and kept available at the place of destination until the consignment is
dispatched therefrom;
2. that the importer must file this written statement with his business records;
3. which details regarding the nature of the fuels, lubricants or additives thereto must be
given in the written statement;
4. that any fuels, lubricants or additives thereto pursuant to paragraph (1) first sentence
above, when moved into the jurisdiction of this Act, except for customs exclaves, must
be notified by the importer, upon being moved, to the competent authorities at the
place of destination;
5. that in the case of storage of any such fuels, lubricants or additives thereto pursuant to
paragraph (1) first sentence above, tank voucher registers must be kept, indicating the
suppliers of the fuels, lubricants or additives thereto pursuant to paragraph (1) first
sentence above;
6. that anyone who sells any substances or additives thereto pursuant to paragraph (1)
first sentence above to consumers, be it commercially or within the framework of
business undertakings, must label them in a clearly visible and easily readable manner,
indicating the specific properties and
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7. that anyone who places any substances or additives thereto pursuant to paragraph (1)
first sentence above on the market, be it commercially or within the framework of
business undertakings, must inform the party liable to label such items pursuant to No.
6 above of any such specific properties.
Article 35
Nature of Substances and Products
(1) The Federal Government is authorised, after hearing the parties concerned (Article 51), to
require by ordinance, with the consent of the Bundesrat, that certain substances or products
therefrom which, when used for the intended purpose or combusted for the purpose of
disposal or recovery of particular constituents, are likely to cause harmful effects on the
environment caused by air pollution, shall not be produced, imported or otherwise placed on
the market, be it commercially or within the framework of business undertakings, unless they
meet certain requirements regarding composition and the process used for their production
with a view to affording protection against any such harmful effects on the environment
caused by air pollution. The authorisation contained in the first sentence above shall not refer
to installations, fuels, vehicles and craft.
(2) Such requirements as are specified in paragraph (1) first sentence above may also be fixed
for some future date after the entry into force of the ordinance, taking into account the latest
technological developments. Article 7 (5) shall apply mutatis mutandis to the requirements
set out in paragraph (1) and paragraph (2) first sentence above.
(3) Where this is compatible with the protection of the general public from any harmful
effects on the environment caused by air pollution, provision may also be made in the
ordinance specified in paragraph (1) above, in lieu of the requirements regarding the
composition and the production process, for such substances and products to be labelled in a
clearly visible and easily readable manner, indicating that harmful effects on the environment
may arise in the case of normal use for the intended purpose or during combustion or that
such harmful effects can be avoided by having resort to particular types of use.
Article 36
Exports
In the ordinances pursuant to Articles 32 to 35 , it may be required that the provisions
concerning production, importation and placing on the market shall not apply to any
installations, substances, products and fuels which are intended for delivery into areas outside
the jurisdiction of this Act.
Article 37
Implementation of Intergovernmental Agreements and of Decisions of the European
Communities
In order to implement any obligations arising from intergovernmental agreements or binding
decisions of the European Communities, the Federal Government may, for the purpose
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referred to in Article 1 and with the consent of the Bundesrat, require by ordinance that no
installations, substances, products or fuels shall be placed on the market, be it commercially
or within the framework of business undertakings, unless they meet certain requirements in
accordance with Articles 32 to 35 . In an ordinance pursuant to the first sentence above which
serves the purpose of implementing binding decisions of the European Communities on
measures for controlling emissions of gaseous pollutants and air-pollutant particles from
combustion engines for off-road vehicles and machines, the Federal Office for Motor Traffic
may be designated as licensing authority and, in this capacity, be subjected to the technical
supervision of the Federal Ministry for the Environment, Nature Conservation and Nuclear
Safety.
Part IV
Nature and Operation of Vehicles and Craft,
Construction of and Alterations to Roads and Railtracks
Article 38
Nature and Operation of Vehicles and Craft
(1) The nature of motor vehicles including their trailers and of railborne vehicles, aircraft and
watercraft as well as of floating bodies and floating installations shall be such that in the case
of normal use for the intended purpose, the emissions resulting from their participation in
traffic do not exceed the limits which must be observed to ensure protection from harmful
effects on the environment. They must be operated in such a manner that any avoidable
emissions are prevented and any unavoidable emissions are kept to a minimum.
(2) The Federal Ministry of Transport and the Federal Ministry for the Environment, Nature
Conservation and Nuclear Safety shall, after hearing the parties concerned (Article 51), define
by ordinance, with the consent of the Bundesrat, the requirements to be met regarding the
nature, equipment, operation and testing of such vehicles, craft and installations, as defined in
paragraph (1) first sentence above, to ensure protection from any harmful effects on the
environment, also where such vehicles, craft and installations are subject to current Federal
traffic regulations. In this respect, emission limits may also be fixed for some future date after
the entry into force of the ordinance, taking into account the latest technological
developments.
(3) Article 7 (5) shall apply mutatis mutandis to the requirements set out in paragraph (2)
above.
Article 39
Implementation of Intergovernmental Agreements and of Decisions of the European
Communities
In order to implement any obligations arising from intergovernmental agreements or binding
decisions of the European Communities, the Federal Ministry of Transport and the Federal
Ministry for the Environment, Nature Conservation and Nuclear Safety may, for the purpose
referred to in Article 1 and with the consent of the Bundesrat, require by ordinance that the
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vehicles and craft specified in Article 38 shall satisfy particular requirements as regards their
nature, equipment, testing and operation. Article 7 (5) shall apply mutatis mutandis to the
requirements set out in the first sentence above.
Article 40
Traffic Restrictions
(1) The competent road traffic authority shall restrict or ban motor vehicle traffic in
accordance with relevant road traffic regulations, if such is provided for by a clean air plan or
action plan pursuant to Article 47 (1) or (2). The road traffic authority may, in agreement with
the competent authority responsible for immission control, grant exemptions from any bans or
restrictions on motor vehicle traffic, if so required by overriding and unpostponable reasons
related to the common good.
(2) The competent road traffic authority may restrict or ban motor vehicle traffic on certain
roads or in certain areas in accordance with relevant road traffic regulations, where such
motor vehicle traffic contributes to any immission values laid down in ordinances pursuant to
Article 48 a (1) being exceeded and where the authority responsible for immission control
deems this necessary in view of local conditions, in order to reduce any harmful effects on the
environment caused by air pollution or prevent the formation thereof. Traffic-related and
urban planning aspects shall be duly taken into account. Article 47 (6) first sentence shall
remain unaffected.
(3) The Federal Government is authorised, after hearing the parties concerned (Article 51), to
decree by ordinance, with the consent of the Bundesrat, that motor vehicles with low pollutant
emissions are or may be wholly or in part exempted from traffic bans and to determine the
relevant criteria for that purpose and the official marking of these motor vehicles. Such ordinance
may also determine that certain journeys or persons are or may be exempted if so required by
the common good or by unpostponable and overriding reasons related to an individual’s
interests.
Article 40 a7
Traffic Bans in the Case of Increased Ozone Concentrations
(Repealed)
(1) Traffic of motor vehicles on public roads shall, under the terms of Article 40 b to 40 e , be
prohibited in a Land or parts of a Land, if at least three measuring stations in the Federal
territory which are more than 50km and less than 250km apart in distance and of which at
least two, in the case of the Länder Berlin, Bremen, Hamburg and Saarland at least one, are
situated in the said Land or in a neighbouring district of another Land
1. measure an ozone concentration of 240 micrograms/m3 of air as a mean value during
one hour on the same day and if
7 Ceased to be effective as of 31 December 1999.
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2. there is reason to assume, on the basis of the meteorological knowledge of the German
Meteorological Service, that the concentration referred to in No. 1 above will be
measured by these measuring stations in the course of the following day.
Before determining the area affected by the traffic ban, the Land shall contact and come to an
agreement with the neighbouring Länder. Ozone concentrations shall be determined by the
Land concerned in accordance with the procedure set out in Council Directive 92/72/EEC of
21 September 1992 on air pollution by ozone (Official Journal EC No. L 297 p. 1), and the
other Länder shall be informed thereof.
(2) The competent authorities are to request the drivers and owners of motor vehicles as well
as the operators of internal combustion engines in the non-commercial field not to use them, if
in any way possible, as soon as an ozone concentration of 180 micrograms/m3 of air is
measured.
Article 40 b8
Steps to be taken in the Case of Traffic Bans
(Repealed)
(1) The highest road traffic authority of the Land or the public authority designated by it shall
publicly announce traffic bans pursuant to Article 40 a (1) by radio, television, daily
newspapers or in any way other than by traffic signs or traffic installations.
(2) In the announcement according to paragraph (1) above, those parts of a Land which, on
account of the nature and extent of the emissions from motor vehicles, do not contribute to the
increased ozone concentration or do so only insignificantly can be exempted from the traffic
ban pursuant to Article 40 a (1).
Article 40 c9
Motor Vehicles with Low Exhaust Emissions
(Repealed)
(1) The traffic ban pursuant to Article 40 a (1) shall not apply to motor vehicles with low
exhaust emissions as set forth in the Annex to this Act.
(2) In the case of a traffic ban, motor vehicles with low exhaust emissions may only be
operated if they are marked with an official sticker. Details shall be regulated by the law of
the Land concerned.
8 Ceased to be effective as of 31 December 1999. 9 Ceased to be effective as of 31 December 1999.
- 38 -
Article 40 d10
Journeys for Special Purposes
(Repealed)
(1) The traffic ban pursuant to Article 40 a (1) shall not apply to
1. motor vehicles used in regular services in accordance with Articles 42 and 43 Nos. 1
and 2 of the Passenger Transport Act or in transport operations in accordance with
Article 1 No. 4 d, e or g of the Exemption Regulation;
2. hire buses pursuant to Article 49 (1) of the Passenger Transport Act used for the
transport of employed persons to and from their places of work;
3. passenger cars used for the transport of passengers in accordance with Articles 47 and
49 (4) of the Passenger Transport Act;
4. ambulances and doctors` cars clearly recognisable as such when on duty for the
medical care of the population;
5. motor vehicles driven by persons or carrying persons who are extremely mobilityhandicapped,
helpless or blind and can prove this handicap by the letters "aG", "H", or
"Bl" in their identity papers in accordance with Article 4 (5) of the Disabled Persons
Act;
6. emergency, support and supply vehicles of local public passenger transport and the
railways, of public power and water supplies and of domestic waste disposal, if the
journeys are necessary for the fulfilment of their duties and cannot be delayed;
7. motor vehicles employed
a) for maintaining the production process of farms,
b) for the execution of forest protection measures that cannot be delayed,
c) for the transport of live animals,
d) for the transport of perishable goods.
(2) The traffic ban pursuant to Article 40 a (1) shall not apply to any journeys of commuters
to and from their places of work nor to journeys of holidaymakers to and from their holiday
destinations, if they cannot be carried out in any other reasonable way; all other details shall
be regulated by the road traffic authorities.
(3) Vehicles to which special rights pursuant to Article 35 of the German Road Traffic
Regulations are applicable shall be exempted. The special rights set out in Article 35 (5) of
the German Road Traffic Regulations shall, to the extent intended, also apply to non-German
troops of non-contracting states to the North Atlantic Treaty who are staying in Germany
10 Ceased to be effective as of 31 December 1999.
- 39 -
within the framework of military co-operation, as well as to civilian motor vehicles used on
behalf of the Bundeswehr and whose journeys in pursuance of statutory powers or duties of
the Bundeswehr cannot be delayed.
Article 40 e11
Exemptions
(Repealed)
(1) In individual cases, the road traffic authority may grant exemptions from the traffic ban set
out in Article 40 a (1), insofar as the use of the motor vehicles is necessary in the public
interest or in the predominant private interest, especially for maintaining the production
process or for the supply of the population with goods and services essential to life.
(2) Moreover, the road traffic authority may in individual cases grant exemptions from the
traffic ban set out in Article 40 a (1) for two-wheel or three-wheel motor vehicles with low
exhaust emissions over and above the provisions of Article 40 c above.
(3) The motor vehicles exempted in accordance with paragraphs (1) and (2) above shall be
marked according to the law of the Land concerned.
Article 41
Roads and Railways
(1) Notwithstanding Article 50 , provision shall be made in the case of any construction or
major alteration of public roads as well as of railways, magnetic levitation trains and
tramways that this does not involve any harmful effects on the environment caused by traffic
noise which is avoidable with the use of the best available techniques.
(2) Paragraph (1) above shall not apply where the costs of the protective measure would not
be commensurate with the desired protection goal.
Article 42
Compensation for Sound-Proofing Measures
(1) Where the immission limits laid down in Article 43 (1) first sentence No. 1 are exceeded
in any of the cases referred to in Article 41 , the owner of the construction works affected
thereby shall be entitled to claim adequate financial compensation from the person(s)
responsible for the construction put in place, except where such impairment is deemed to be
reasonable in view of the specific purpose for which the construction works are used. This
shall also apply to any construction works which had already been approved by the
supervisory building authority when the pertinent plans were laid open for public inspection
in the course of the plan approval procedure or when the draft development plans including
the road system plans were laid open for public inspection.
11 Ceased to be effective as of 31 December 1999.
- 40 -
(2) The compensation shall be paid for sound-proofing measures at construction works to
cover the actual expenditure incurred where such expenditure is within the limits imposed by
an ordinance pursuant to Article 43 (1) first sentence No. 3 . Nothing herein contained shall
affect any other legal provisions establishing more extensive compensation payments.
(3) If the person(s) responsible for the construction put in place and the person(s) affected
thereby fail to reach agreement on the amount of compensation payable, the authority
competent under Land law shall, upon application by one of the parties concerned, fix such
compensation by a written notice. In all other respects, the expropriation laws of the Länder
shall apply mutatis mutandis to such procedure.
Article 43
Ordinance Issued by the Federal Government
(1) The Federal Government is authorised, after hearing the parties concerned (Article 51), to
adopt by ordinance, with the consent of the Bundesrat, any such provisions as are necessary
to implement Article 41 and Article 42 (1) and (2) , especially with respect to
1. specific limits which must not be exceeded so as to warrant the protection of the
neighbourhood from any harmful effects on the environment caused by noise, as well
the procedure to be used to measure emissions or immissions;
2. specific technical requirements regarding the construction of roads, railways,
magnetic-levitation trains and tramways so as to prevent any harmful effects on the
environment caused by noise and
3. the type and extent of any sound-proofing measures at construction works needed to
protect the environment from any harmful effects caused by noise.
In the ordinances referred to in the first sentence above, due regard shall be paid to the
characteristic features of railborne traffic.
(2) Article 7 (5) shall apply mutatis mutandis to the requirements set out in paragraph (1)
above.
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Part V
Monitoring and Improving Air Quality, Clean Air Plans and Noise Abatement Plans
Article 44
Monitoring Air Quality
(1) In order to monitor air quality, the competent authorities shall conduct tests at regular
intervals in accordance with the requirements of the ordinances pursuant to Article 48 a (1) or
(1a).
(2) The Land governments or the competent authorities designated by them are authorised to
determine by ordinance such areas subject to investigation in which the nature and extent of
certain types of air pollution other than those covered by paragraph (1) above which may
cause harmful effects on the environment must be determined either over a specified period or
continuously and in which the circumstances that are conducive to the development and
dispersion of such pollution must be investigated.
Article 45
Improving Air Quality
The competent authorities shall take the necessary measures to ensure compliance with the
immission values laid down in an ordinance pursuant to Article 48 a. These include in
particular plans pursuant to Article 47.
(2) The measures pursuant to paragraph (1) above
a) shall be in line with an integrated approach for the protection of air, water and soil;
b) shall not contravene any provisions for the protection of health and safety in the
workplace;
c) shall not cause any significant impairment to the environment in other member states.
Article 46
Emission inventory
The competent authorities shall prepare emission inventories where such is necessary to
implement any binding decisions of the European Communities.
Article 46 a
Provision of Information to the Public
The public shall be provided with relevant information on air quality as required by any
ordinances pursuant to Article 48 a (1). The competent authority shall without undue delay
announce to the public any non-compliance with alert thresholds determined as immission
values in ordinances pursuant to Article 48 a (1) through radio, television, the press or in other
ways.
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Article 47
Clean Air Plans, Action Plans, Land Ordinances
(1) If the immission limits specified in an ordinance pursuant to Article 48 a (1) including any
margins of tolerance defined therein are exceeded, the competent authority shall draw up a
clean air plan that defines the necessary measures for achieving a durable reduction of air
pollution and conforms to the requirements of the ordinance.
(2) If there is a risk that the immission limits or alert thresholds defined in an ordinance
pursuant to Article 48 a (1) are exceeded, the competent authority shall draw up an action plan
defining the measures to be taken in the short term. The measures defined in the action plan
shall be such as to ensure that the risk of these values being exceeded is reduced or that the
period during which these values are exceeded is shortened. Actions plans may be part of
clean air plans pursuant to paragraph (1) above.
(3) If there is any evidence that any immission values laid down in an ordinance pursuant to
Article 48 a (1) are not complied with, or if any other harmful effects on the environment are
to be expected in an area subject to investigation pursuant to Article 44 (2), the competent
authority may draw up a clean air plan. When drawing up such plans, due regard shall be paid
to the objectives, principles and other requirements of regional planning.
(4) The measures shall, on the basis of a pro-rata allocation of costs and in accordance with
the principle of proportionality, be applied to all those emitters who are partly responsible for
immission values being exceeded or for any other harmful effects on the environment caused
in an area subject to investigation pursuant to Article 44 (2). Where plans pursuant to
paragraphs (1) and (2) above involve any road traffic measures, these shall be adopted in
agreement with the competent road construction and road traffic authorities. Where any
immission values are exceeded with regard to more than one pollutant, a plan covering all
relevant pollutants shall be drawn up. Where immission values are exceeded due to emissions
caused outside the planning area, the competent authority responsible for that area shall also
draw up such a plan in the cases referred to in paragraphs (1) and (2) above.
(5) The plans to be drawn up pursuant to paragraphs (1) to (4) above shall meet the
requirements laid down in Article 45 (2). The public shall be involved in drawing up such
plans. The plans shall be made accessible to the public.
(6) The measures laying down plans pursuant to paragraphs (1) to (4) above shall be enforced
by orders issued or any other decisions taken by the competent public administrative
authorities in conformity with this Act or any other applicable legal provisions. Where such
plans contain any specific decisions under planning law, the competent planning bodies shall
take these into consideration in their planning activities.
(7) If there is a risk that any immission limits specified in an ordinance pursuant to Article 48
a (1) are exceeded, the Land governments or the authorities designated by them are authorised
to require by ordinance that in certain areas to be specified, it shall not be permissible to
1. operate certain non-stationary installations,
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2. construct certain stationary installations,
3. operate certain non-stationary or stationary installations unless they are operated at
fixed times only or meet more stringent technical requirements or
4. use certain fuels in installations or to use them on a larger scale,
where such installations or fuels are likely to contribute to the immission values being
exceeded. Paragraph (4) first sentence above and Article 49 (3) shall apply mutatis mutandis.
Article 47 a
Noise Abatement Plans
(1) In areas in which any harmful effects on the environment have been caused or are
expected to be caused by noise, the local authorities or the authorities competent under Land
law shall measure the noise levels resulting from the various noise sources and determine
their effects on the environment.
(2) The local authority or the authority competent under Land law shall draw up noise
abatement plans for residential areas and any other areas worthy of protection if the harmful
effects on the environment due to noise that have occurred or are expected to occur in such
areas are not only temporary and if the abatement or reduction of such harmful effects on the
environment calls for concerted action against various types of noise sources. When drawing
up such plans, due regard shall be paid to the objectives, principles and other requirements of
regional planning.
(3) Noise abatement plans shall contain information on
1. the noise levels, both recorded and expected;
2. the sources of such noise levels and
3. any measures envisaged to reduce or prevent a further increase in noise levels.
(4) Article 47 (6) shall apply mutatis mutandis.
Part VI
Joint Provisions
Article 48
Administrative Provisions
After hearing the parties concerned (Article 51), the Federal Government shall issue, with the
consent of the Bundesrat, general administrative provisions for the implementation of this Act
and of the ordinances issued by the Federal Government hereunder, concerning in particular
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1. immission values which must not be exceeded in the light of the purpose defined in
Article 1 ;
2. emission limits the exceeding of which is avoidable with the use of the best available
techniques;
3. the method to be used to determine emissions and immissions;
4. the measures to be taken by the competent authority with respect to installations for
which provision may be made in an ordinance pursuant to Article 7 (2) or (3) , due
regard being paid to the requirements specified therein.
When defining such requirements, account shall in particular be taken of any possible shifts of
adverse effects from one protected resource to another; a high level of protection shall be ensured
for the environment as a whole.
Article 48 a
Ordinances on Emission and Immission Values
(1) In order to implement any binding decisions of the European Communities, the Federal
Government may, for the purpose defined in Article 1 and with the consent of the Bundesrat,
issue ordinances governing the establishment of immission and emission values, including the
methods to be used to determine these values, and the measures to ensure compliance with
these values as well as the monitoring and measuring thereof. Such ordinances may also
regulate the way in which the public is to be informed.
(1a) Above and beyond implementing binding decisions of the European Communities, the
Federal Government may, for the purpose referred to in Article 1, issue ordinances, with the
consent of the Bundesrat, to define immission values for further pollutants, including the
procedures for determining relevant values, as well as measures to ensure compliance with these
values and monitoring and measurements. Such ordinances may also regulate the way in which
the public is to be informed.
(2) The measures laid down in any ordinance issued pursuant to paragraph (1) above shall be
enforced by means of orders or any other decisions to be issued by the competent public
administrative authorities under this Act or any other legal provisions; where any decisions
under planning law are required, the competent planning bodies shall decide whether and to
what extent such planning is to be taken into consideration.
(3) In order to implement any binding decisions of the European Communities, the Federal
Government may, for the purpose specified in Article 1 and with the consent of the
Bundesrat, issue ordinances governing the duties of public authorities and vest them with
powers for collecting, processing and utilising personal data, insofar as these are required for
evaluating and controlling the requirements set out in the decisions.
Article 48 b
Participation of the Bundestag in Issuing Ordinances
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Ordinances issued pursuant to Article 7 (1) first sentence No. 2, Article 23 (1) first sentence
No. 2, Article 43 (1) first sentence No. 1, Article 48 a (1) and Article 48 a (1a) of this Act
shall be forwarded to the Bundestag. This shall be done prior to their forwarding to the
Bundesrat. The ordinances may be amended or rejected by the Bundestag. The decision of the
Bundestag shall be forwarded to the Federal Government. If the Bundestag has not dealt with
the ordinance within three weeks in session after its submission, the unaltered ordinance shall
be forwarded to the Bundesrat.
Article 49
Protection of Specific Areas
(1) The Land governments are authorised to require by ordinance that in specific areas still to
be identified which require special protection against any harmful effects on the environment
caused by air pollution or noise, it shall not be permissible
1. to operate certain non-stationary installations,
2. to construct certain stationary installations,
3. to operate certain non-stationary or stationary installations unless they are operated at
fixed times only or meet more stringent technical requirements or
4. to use certain fuels in such installations or to use them on a larger scale,
where such installations or fuels are likely to cause any harmful effects on the environment
caused by air pollution or noise which are not compatible with the specific protective needs of
such areas and where the air pollution and noise cannot be prevented by imposing any
additional conditions.
(2) The Land governments are authorised to designate by ordinance specific areas in which a
considerable increase in air pollution is to be feared during weather conditions characterised
by poor air circulation. Provision may be made in such ordinance that in such areas,
1. non-stationary or stationary installations may be operated at fixed times only or
2. fuels which are particularly likely to cause air pollution shall not be used in such
installations or may be used on a limited scale only,
as soon as public notice is given by the competent authority of any such weather conditions.
(3) This shall not affect any powers under Land law delegated to local authorities or
associations of local governments in respect of the issue of by-laws governing the protection
of the public against any harmful effects on the environment caused by air pollution or noise.
Article 50
Planning
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In the case of regional planning projects and associated measures, the land earmarked for
specific types of use shall be zoned in such a manner that harmful environmental effects and
the effects of major accidents within the meaning of Article 3 No. 5 of Directive 96/82/EC in
establishments and on areas that are exclusively or predominantly used for residential
purposes as well as on any other areas worthy of protection are kept to a minimum. In the case
of regional planning projects and associated measures carried out in areas in which the
immission limits specified in ordinances pursuant to Article 48 a (1) are not exceeded, one
aspect to be taken into account shall be maintenance of optimum air quality.
Article 51
Hearing of the Parties Concerned
Where an authorisation for the issue of ordinances and general administrative provisions
requires a hearing of the parties concerned, an ad-hoc group to be constituted in each
individual case from representatives of the parties directly affected, the scientific community
and, where applicable, the business community and the transport sector, as well as of the
supreme Land authorities responsible for immission control shall be heard.
Article 51 a
Hazardous Incidents Commission
(1) A Hazardous Incidents Commission shall be set up at the Federal Ministry for the
Environment, Nature Conservation and Nuclear Safety to render expert advice to the Federal
Government. This Commission shall include as members the chairman of the Installations
Safety Commission and, in agreement with the Federal Ministry of Labour and Social Affairs,
representatives of the scientific community, of environmental associations, of trade unions
and, where applicable, of the business community, as well as representatives of the supreme
Land authorities responsible for immission control and occupational safety and health.
(2) The Hazardous Incidents Commission shall identify potential ways and means of
perfecting installations safety through its expert opinions delivered at regular intervals as well
as due to certain events.
(3) The Hazardous Incidents Commission shall adopt its own rules of procedure and shall
elect its chairman from among its members. The rules of procedure and the election of the
chairman are subject to the approval of the Federal Ministry for the Environment, Nature
Conservation and Nuclear Safety, to be given in agreement with the Federal Ministry of
Labour and Social Affairs.
- 47 -
Article 51 b
Ensuring Reception of Delivered Information
The operator of an installation subject to licensing shall ensure that any documents addressed
to him within the jurisdiction of this Act can be delivered to him. If the documents can only
be received via a proxy, the operator shall present the name of the proxy to the competent
authority.
Article 52
Supervision
(1) The competent authorities shall supervise the implementation of this Act and of any
ordinance issued hereunder. They shall review any licences as defined in Article 4 at regular
intervals and, where necessary, update them by means of subsequent orders pursuant to
Article 17 . A review pursuant to the second sentence above shall in any case be performed if
1. there is evidence that the protection of the neighbourhood and of the general public is
not sufficient and that the emission limits specified in the licence have to be reviewed
or redefined;
2. major changes in the best available techniques allow a significant reduction of
emissions;
3. improvements in operating safety are required, especially through the use of other
methods, or if
4. it is so required by any new environmental provisions.
(2) Owners and operators of installations as well as owners and operators of premises where
such installations are operated shall grant the staff members of the competent authority and
any person commissioned by them free access to the premises and, where the prevention of
imminent danger to law and order so requires, to their private accommodation, and enable
such persons to carry out tests including the determination of emissions and immissions and,
finally, furnish such information and produce any such supporting documents as are needed
by such persons to perform their duties. The fundamental right of inviolability of the home as
laid down in Article 13 of the Basic Law shall be restricted in this regard. Operators of
installations for which an immission control officer or a hazardous incidents officer has been
appointed shall call in that officer, if so requested by the competent authority, to assist in any
supervisory action to be taken in accordance with the first sentence above. Within the scope
of the obligations pursuant to the first sentence above, the owners and operators of such
installations shall provide personnel and auxiliary materials, especially fuels and drive
assemblies.
(3) Paragraph (2) above shall apply mutatis mutandis to owners and holders of installations,
materials, products, fuels and lubricants insofar as these are subject to the provisions of the
ordinance issued under Articles 32 to 35 or 37 . Such owners and holders shall permit samples
to be taken at random by staff members of the competent authority and any person
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commissioned by such staff members, provided that this is necessary for the fulfilment of
their duties.
(4) Any costs incurred by tests carried out in the course of the licensing procedure shall be
borne by the applicant. Any costs incurred by random sampling pursuant to paragraph (3)
above, including the analysis thereof, shall be borne by the party liable to furnish information.
Any costs for other supervisory measures taken pursuant to paragraph (2) or (3) above shall
be borne by the party liable to furnish information unless the measure is aimed at measuring
emissions and immissions or supervising an installation not subject to licensing outside the
supervisory system pursuant to the Twelfth Ordinance on the Implementation of the Federal
Immission Control Act; in such cases, the costs incurred shall only be imposed on the party
liable to furnish information if it becomes obvious from such investigations that
1. any conditions imposed or orders issued under this Act or under any ordinance issued
hereunder have not been complied with or that
2. such conditions to be imposed or orders to be issued under this Act or under any
ordinance issued hereunder are deemed necessary.
(5) The party liable to furnish the information may refuse to answer any questions which
would render this party or any of its dependants referred to in Article 383 (1) Nos. 1 to 3 of
the Code of Civil Procedure liable to criminal prosecution or any other action under the Act
on Administrative Offences.
(6) Where the implementation of this Act or any ordinance issued hereunder requires
determination of immission levels, even the owners and holders of premises which are not
used for the operation of installations shall grant the staff members of the competent
authorities and any person commissioned by them free access to the premises and, where the
prevention of imminent danger to law and order so requires, also to their private
accommodation, and enable them to carry out tests. The fundamental right of inviolability of
the home as laid down in Article 13 of the Basic Law shall be restricted in this regard. When
exercising such powers as are referred to in the first sentence above, due account shall be
taken of the legitimate concerns of the owners and holders of the premises; any damage
sustained shall be compensated by the Land concerned or, in the case of Article 59 (1) , by the
Federal Government. If such damage was the unavoidable result of the supervisory action and
if such action involved orders by the competent authority against the operator of an
installation, the latter shall be liable to indemnify the Land or the Federal Government for
such compensation paid.
(7) Articles 93, 97, 105 (1), Article 111 (5) in conjunction with Articles 105 (1) and Article
116 (1) of the Fiscal Code (Abgabenordnung) shall not be applicable to any information and
documents obtained pursuant to paragraphs (2), (3) and (6) above. This shall not apply where
the tax authorities need such information for the institution of proceedings on the ground of a
fiscal offence and for tax assessment proceedings ensuing therefrom, the prosecution of which
constitutes a compelling public interest, or where any deliberately false information by the
person liable to furnish such information or by any other person acting on his behalf is
involved.
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Article 52 a
Obligation to Furnish Information
on the Organisation of the Enterprise
(1) If in the case of a corporation, the board entitled to represent such corporation consists of
several members, or if in the case of a partnership, several partners are entitled to represent
the partnership, notice shall be given to the competent authority as to which of these persons
performs the duties of operator of an installation subject to licensing on behalf of the
corporation or partnership in accordance with the regulations governing the management
authority, such duties being incumbent on the said operator pursuant to this Act and any
ordinance or general administrative provision issued hereunder. Nothing contained herein
shall affect the collective responsibility of the members of the board or the partners in
question.
(2) The operator of the installation subject to licensing or, by virtue of his management
authority, the person to be notified pursuant to paragraph (1) first sentence above, shall inform
the competent authority about the way of ensuring that the provisions and orders for
protecting against any harmful effects on the environment and any other hazards, significant
disadvantages and significant nuisances are observed during operation.
Article 53
Appointment of an Immission Control Officer
(1) Operators of installations subject to licensing shall appoint one or several officers
responsible for immission control (immission control officers) if this is deemed necessary in
view of the type and size of the installations on account of
1. the emissions released by the installations;
2. technical problems concerning emission control or
3. the susceptibility of the products, if used for the intended purpose, to causing any
harmful effects on the environment due to air pollution, noise or vibrations.
After hearing the parties concerned (Article 51), the Federal Ministry for the Environment,
Nature Conservation and Nuclear Safety shall specify by ordinance, with the consent of the
Bundesrat, the types of installations subject to licensing whose operators are required to
appoint immission control officers.
(2) The competent authority may order that operators of any installations subject to licensing
for which the appointment of an immission control officer is not expressly required by
ordinance, as well as operators of installations not subject to licensing appoint one or several
immission control officers if, in the individual case, the necessity to require such appointment
ensues from the aspects specified in paragraph (1) first sentence above.
Article 54
Duties
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(1) The immission control officer shall advise the operator and the staff members on all
matters that may be of relevance for immission control. He is authorised and required
1. to work towards the development and introduction of
a) environmentally compatible processes, including processes for the prevention or
proper and safe recovery of wastes resulting from operation or their disposal as
waste, and for the utilisation of any waste heat produced,
b) environmentally compatible products, including processes for recovery and reuse;
2. to cooperate in developing and introducing environmentally compatible processes and
products, especially by appraising the environmental compatibility of such processes
and products;
3. unless this is a task incumbent on the hazardous incidents officer pursuant to Article
58 b (1) second sentence No. 3 , to ensure compliance with the provisions of this Act
and any ordinance issued hereunder as well as fulfilment of specific conditions and
obligations imposed, especially by controlling the operating plant at regular intervals,
measuring emissions and immissions, notifying any defects observed and submitting
proposals on measures to remedy such defects;
4. to instruct the staff members on the harmful environmental effects caused by their
installation and on suitable equipment and measures to prevent such effects, taking
into account the obligations ensuing from this Act or any ordinance issued hereunder.
(2) The immission control officer shall give the operator an annual account setting out any
measures taken and proposed pursuant to paragraph (1) second sentence Nos. 1 to 4 above.
Article 55
Operator`s Obligations
(1) The operator shall appoint the immission control officer in writing, stating the full
particulars of the duties incumbent on the officer. The operator shall notify the competent
authority without undue delay of the appointment of the immission control officer and the
particulars including any changes in the scope of duties, and of revocation of the appointment.
A copy of the notification shall be handed over to the immission control officer.
(1a) The operator shall inform the works council or staff council prior to the appointment of
the immission control officer, stating the full particulars of the duties incumbent on the
officer. The same shall apply in the event of any changes in the immission control officer`s
scope of duties and in the case of revocation of the appointment.
(2) The operator shall not appoint anyone as immission control officer who does not have the
requisite technical qualification and reliability to properly perform the duties incumbent on
such officer. If any facts become known to the competent authority indicating that the
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immission control officer in charge does not have the requisite technical qualification or
reliability, the authority may insist upon the appointment of another immission control officer
by the operator. The Federal Ministry for the Environment, Nature Conservation and Nuclear
Safety is authorised, after hearing the parties concerned (Article 51), to prescribe by
ordinance, with the consent of the Bundesrat, the standards to be set in respect of the
immission control officer`s technical qualification and reliability.
(3) Where several immission control officers are appointed, the operator shall ensure the
necessary coordination of the duties incumbent on such officers, especially by setting up an
environmental protection committee. The same shall apply if any other officers are appointed
under any other legal provisions in addition to one or more immission control officers. The
operator shall furthermore ensure close cooperation between such other officers and any
persons entrusted with matters of occupational safety and health.
(4) The operator shall support the immission control officer in the performance of his duties
and in particular, where necessary for such performance, provide him with support personnel
as well as with rooms, facilities, equipment and other means and enable him to take part in
training courses.
Article 56
Opinion on Operator`s Decisions
(1) Before taking any decisions regarding the introduction of any processes and products as
well as any investment decisions, the operator shall obtain the immission control officer`s
opinion on such decisions if these are deemed to be of relevance for immission control.
(2) Such opinion shall be obtained in due time so that due regard can be paid to it in any
decision taken pursuant to paragraph (1) above; it shall then be submitted to the agency which
decides on the introduction of processes and products or the investment in question.
Article 57
Right of Submission
The operator shall ensure by means of internal organisational measures that the immission
control officer can submit his proposals or objections directly to the executive management if
he is unable to reach agreement with the plant manager in charge and if he considers a
decision by the executive management imperative in view of the particular importance of the
matter at issue. If the immission control officer is unable to reach agreement with the
executive management on any measure proposed by him within the scope of his duties, he
shall be given a detailed explanation of the reasons for their rejection of such measure.
Article 58
Non-discrimination, Protection against Dismissal
(1) The immission control officer shall not be discriminated on grounds arising out of the
performance of the duties entrusted to him.
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(2) If the immission control officer is an employee of the operator liable to appoint such
officer, a dismissal shall not be admissible unless there are established facts entitling the
operator to terminate such employment for good cause without any period of notice. After
revocation of the immission control officer`s appointment, dismissal shall not be admissible
within a period of one year from the end of such appointment, unless there area any
established facts justifying such dismissal by the operator for good cause without any period
of notice.
Article 58 a
Appointment of a Hazardous Incidents Officer
(1) Operators of installations subject to licensing shall appoint one or several hazardous
incidents officers if this is deemed necessary in view of the type and size of the installations
on account of the potential hazards arising from any disruption of normal operation and
affecting the general public and the neighbourhood. After hearing the parties concerned
(Article 51), the Federal Government shall specify by ordinance any such installations subject
to licensing whose operators are required to appoint hazardous incidents officers.
(2) The competent authority may order that operators of any installations subject to licensing
for which the appointment of a hazardous incidents officer is not expressly required by
ordinance to appoint one or several hazardous incidents officers if, in the individual case, the
necessity to require such appointment ensues from the aspect specified in paragraph (1) first
sentence above.
Article 58 b
Duties of the Hazardous Incidents Officer
(1) The hazardous incidents officer shall advise the operator on any matters which may be of
relevance for the safety of the installation. He is authorised and required
1. to work towards the improvement of the installation`s safety;
2. to inform the operator without undue delay of any disruption of normal operation
made known to him which could result in hazards for the general public or the
neighbourhood;
3. to ensure compliance with the provisions of this Act and any ordinance issued
hereunder and the fulfilment of any conditions and obligations imposed with a view to
preventing a disruption of normal operation of the installation, especially by
controlling the operating plant at regular intervals, notifying any defects observed and
submitting proposals to remedy these defects;
4. to notify the operator without undue delay of any defects concerning precautionary
and preventive fire control and technical assistance.
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(2) The hazardous incidents officer shall give the operator an annual account of any measures
taken and envisaged pursuant to paragraph (1) second sentence Nos. 1 to 3 above. He shall
furthermore keep written records of any measures taken by him in connection with the
performance of his duties pursuant to paragraph (1) second sentence No. 2 above. He shall
keep such records in safe custody for at least five years.
Article 58 c
Operator`s Obligations and Rights
towards the Hazardous Incidents Officer
(1) The operator`s obligations specified in Articles 55 and 57 shall apply mutatis mutandis to
the hazardous incidents officer; provision may be made in any ordinance issued under Article
55 (2) third sentence for the standards to be set with respect to a hazardous incidents officer`s
technical qualification and reliability.
(2) Before taking any investment decisions and before planning any operating facilities and
introducing working processes and working materials, the operator shall obtain the hazardous
incidents officer`s opinion on such decisions if these are deemed to be of relevance for the
safety of the installation. Such opinion shall be obtained in due time so that proper account
can be taken thereof in any decision taken pursuant to the first sentence above; it shall then be
submitted to the agency which takes such decisions.
(3) The operator may vest the hazardous incidents officer with powers of decision for the
elimination and limitation of the effects of any disruption of normal operation which may
give, or has given, rise to any hazards for the general public and the neighbourhood.
Article 58 d
Non-discrimination of the Hazardous Incidents Officer,
Protection against Dismissal
Article 58 shall apply mutatis mutandis to the hazardous incidents officer.
Article 58 e
Facilities for Audited Company Sites
To encourage private self-responsibility for companies featuring on a list pursuant to Article 6
in conjunction with Article 7 (2) first sentence of Regulation (EC) No. 761/2001 of the
European Parliament and of the Council of 19 March 2001 allowing voluntary participation
by organisations in a Community eco-management and audit scheme (EMAS) (OJ EC No. L
114 p. 1), the Federal Government is authorised to introduce - by means of an ordinance, with
the consent of the Bundesrat – facilities concerning the content of the application documents
for the licensing procedure as well as facilities concerning supervision requirements, insofar
as the requirements in this regard contained in Regulation (EC) No. 761/2001 are equivalent
to the requirements for supervision and for application documents laid down in this Act or
any ordinance issued to implement it, or insofar as such equivalence is ensured by the
ordinance in accordance with the provision contained in this sentence. Any ordinance issued
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pursuant to the first sentence above may include further prerequisites for the use or
withdrawal of facilities or for the full or partial suspension of facilities, if the prerequisites for
the granting of such facilities are no longer met. Administrative facilities may be granted if
the environmental verifier has verified compliance with environmental requirements without
detecting any violations and has certified this result in a validation certificate. Facilities may
in particular be introduced for the following:
1. calibrations, measurements, examinations;
2. measurement reports and any other reports and communications of measuring results;
3. duties of immission protection and hazardous incidents officers;
4. reporting duties concerning organisation of the establishment and
5. frequency of official supervision.
Article 59
Jurisdiction for Installations Serving National Defence Purposes
The Federal Government is authorised to require by ordinance, with the consent of the
Bundesrat, that in the case of installations serving national defence purposes the enforcement
of this Act and of any ordinance issued hereunder shall come within the jurisdiction of
Federal authorities.
Article 60
Exemptions for Installations Serving National Defence Purposes
(1) The Federal Ministry of Defence may grant exemptions from the provisions of this Act
and from any ordinance issued hereunder for installations serving national defence purposes
referred to in Article 3 (5) Nos. 1 and 3 and, in individual cases, also for specific types of
installations if any compelling reasons regarding national defence or the fulfilment of
intergovernmental commitments so require. Due regard shall also be paid to the aspect of
protection from any harmful effects on the environment.
(2) In the case of installations pursuant to Article 3 (5) No. 2 which according to their design
are exclusively intended for use by the Bundeswehr, the Bundeswehr may deviate from the
provisions of this Act and any ordinance issued hereunder if any compelling reasons
regarding the fulfilment of its specific functions so require. As regards installations referred to
in Article 3 (5) No. 2 which are intended for use within the scope of the foreign armed forces
stationed in the Federal Republic of Germany under international agreements, these forces
may deviate from the provisions of this Act and any ordinance issued hereunder if any
compelling reasons regarding the fulfilment of their specific functions so require.
- 55 -
Article 6112
Report of the Federal Government
(Repealed)
Article 62
Administrative Offences
(1) An administrative offence shall be deemed to have been committed by anyone who,
wilfully or negligently,
1. constructs an installation without having obtained the licence required under Article 4
(1) ;
2. contravenes any ordinance issued under Article 7 or any enforceable order issued
under any such ordinance, provided that this ordinance refers to this provision
concerning administrative fines for a specific offence;
3. fails to comply with an enforceable obligation pursuant to Article 8 a (2) second
sentence or Article 12 (1) or fails to do so correctly, completely or in time;
4. materially alters the location, nature or operation of an installation subject to licensing
without having obtained the licence required under Article 16 (1) ;
5. fails to comply with an enforceable order pursuant to Article 17 (1) first or second
sentence , both in conjunction with paragraph (5) of that Article, Article 24 first
sentence, Article 26 (1), Article 28 first sentence or Article 29 , or fails to do so
correctly, completely or in time;
6. operates an installation contrary to an enforceable prohibition pursuant to Article 25
(1) ;
7. contravenes any ordinance issued under Article 23, 32, 33 (1) No. 1 or 2, Article 34,
35, 37, 38 (2), Article 39 or Article 48 a (1) first or second sentence or paragraph (1a)
or (3) of that Article or any enforceable order issued under any such ordinance where
such ordinance refers to this provision concerning administrative fines in respect of a
specific offence;
7a. contrary to Article 38 (1) second sentence , fails to operate motor vehicles and their
trailers not licensed for traffic on public roads, railborne vehicles, aircraft or watercraft
or floating bodies or floating installations in such a manner that any avoidable
emissions are prevented and any unavoidable emissions are kept to a minimum or
8. constructs a stationary installation contrary to any ordinance issued under Article 49
(1) No. 2 or any enforceable order issued under such ordinance, where such ordinance
refers to this provision concerning administrative fines in respect of a specific offence.
12 Repealed by Article 2 of the Act of 27 July 2001 (BGBl. I p.
1950).
- 56 -
(2) An administrative offence shall furthermore be deemed to have been committed by anyone
who, wilfully or negligently,
1. contrary to Article 15 (1) or (3), fails to notify, or fails to do so correctly, completely
or in time;
1.a contrary to Article 15 (2) second sentence, makes an alteration;
2. contrary to Article 27 (1) first sentence in conjunction with any ordinance pursuant to
paragraph (4) first sentence above, fails to submit or update an emission declaration or
fails to do so correctly, completely or in time;
3. contrary to Article 31 first sentence , fails to inform the competent authority of the
result of the measurements or fails to keep the recordings of the measuring equipment
in safe custody;
4. contrary to Article 52 (2) first, third or fourth sentence , also in conjunction with
paragraph (3) first sentence or paragraph (6) first sentence of that Article, fails to
furnish any information or fails to do so correctly, completely or in time, or fails to
comply with any measure taken, produce any supporting documents or call in any
persons commissioned, or contravenes any other obligations referred to therein;
5. contrary to Article 52 (3) second sentence , fails to permit samples to be taken at
random;
6. fails to notify pursuant to Article 67 (2) first sentence , or fails to do so correctly,
completely or in time or
7. contrary to Article 67 (2) second sentence , fails to submit any documents or fails to
do so correctly, completely or in time.
(3) Anyone who commits any such administrative offence shall be liable to payment of a fine
of up to € 50,000 in the cases referred to in paragraph (1) above, and up to € 10,000 in the
cases referred to in paragraph (2) above.
Article 62 a
Other Administrative Offences
(Ceased to be effective)
Articles 63 to 65
(Repealed)
Part VII
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Final Provisions
Article 66
Continuance of Provisions
(1) (Repealed)
(2) Pending the entry into force of appropriate general administrative provisions issued under
this Act, the
- Technical Instructions on Air Quality Control of 8 September 1964 (Gemeinsames
Ministerialblatt of 14 September 1964, p. 433),
- Technical Instructions on Noise Abatement of 16 July 1968 (Supplement to the
Bundesanzeiger No. 137 of 26 July 1968),
- General Administrative Provision on Building Noise Abatement - Noise Immissions -
of 19 August 1970 (Supplement to the Bundesanzeiger No. 160 of 1 September 1970),
- General Administrative Provision on Building Noise Abatement - Methods for
Measuring Emissions - of 22 December 1970 (Bundesanzeiger No. 242 of 30
December 1970),
- General Administrative Provision on Building Noise Abatement - Emission Standards
for Concrete Mixing Machines and Truck Mixers - of 6 December 1971
(Bundesanzeiger No. 231 of 11 December 1971), as amended on 14 December 1971
(Bundesanzeiger No. 235 of 17 December 1971),
- General Administrative Provision on Building Noise Abatement - Emission Standards
for Wheel Loaders (RadladerVwV) - of 16 August 1972 (Bundesanzeiger No. 156 of
22 August 1972),
- General Administrative Provision on Building Noise Abatement - Emission Standards
for Compressors (KompressorenVwV) - of 24 October 1972 (Bundesanzeiger No. 205
of 28 October 1972),
- General Administrative Provision on Building Noise Abatement - Emission Standards
for Concrete Pumps (BetonpumpenVwV) - of 28 March 1973 (Bundesanzeiger No. 64
of 31 March 1973),
- General Administrative Provision on Building Noise Abatement - Emission Standards
for Bulldozers (PlanierraupenVwV) - of 4 May 1973 (Bundesanzeiger No. 87 of 10
May 1973),
- General Administrative Provision on Building Noise Abatement - Emission Standards
for Track-type Loaders (KettenladerVwV) - of 14 May 1973 (Bundesanzeiger No. 94
of 19 May 1973) and the
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- General Administrative Provision on Building Noise Abatement - Emission Standards
for Excavators (BaggerVwV) - of 17 December 1973 (Bundesanzeiger No. 239 of 21
December 1973)
shall be authoritative.
Article 67
Transitional Provision
(1) Any licence granted under Article 16 or Article 25 (1) of the Industrial Code prior to the
entry into force of this Act shall have continued validity as a licence under this Act.
(2) Any installation subject to licensing which at the time of entry into force of the ordinance
referred to in Article 4 (1) third sentence has been constructed or materially altered or whose
construction or major alteration has been commenced, shall be notified to the competent
authority within three months after the entry into force of the ordinance unless the installation
was subject to licensing pursuant to Article 16 (1) or Article 25 (1) of the Industrial Code or
has been notified pursuant to Article 16 (4) of the Industrial Code. Within two months after
such notification, the competent authority shall be provided with documents pursuant to
Article 10 (1) concerning the type, location, volume and mode of operation of the installation
at the time of entry into force of the ordinance referred to in Article 4 (1) third sentence .
(3) The liability to notify pursuant to paragraph (2) above shall not be applicable to nonstationary
installations which may be licensed on the basis of the simplified procedure
(Article 19).
(4) Any ongoing procedures shall be brought to an end in conformity with the provisions of
this Act and the legal provisions and administrative provisions based hereon.
(5) Insofar as any new requirements have been laid down in Article 5 of this Act by the Act
on the Implementation of the EIA Amendment Directive, the IPPC Directive and other EC
Directives for the Protection of the Environment of 27 July 2001 (BGBl. I p. 1950), these
requirements shall be met no later than by 30 October 2007 by any installations which were in
operation at the time of entry into force of that act or whose construction had been begun at
that time. Any installations for which a complete licensing application had been submitted at
the time of entry into force of the Act referred to in the first sentence above in accordance
with the provisions applicable up to the time of this entry into force, the first sentence above
and the provisions applicable until entry into force of the Act referred to in the first sentence
above shall apply.
(6) Licences granted under this Act for installations handling
1. genetically altered micro-organisms;
2. genetically altered cell cultures, except where intended for regeneration into plants;
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3. constituents or metabolic products of micro-organisms referred to in No. 1 above or
cell cultures referred to in No. 2 above, where they contain biologically active
recombinant nucleic acid;
with the exception of installations which exclusively serve research purposes, shall have
continued validity even after the entry into force of a specific law covering the field of genetic
engineering. Paragraph (4) above shall apply mutatis mutandis.
(7) Official approval of the plan or licence under the Waste Avoidance and Waste
Management Act shall continue to be valid under this Act. An installation notified to the
authorities under the Waste Avoidance and Waste Management Act shall be deemed to have
been notified under this Act. Waste disposal installations whose plans have not been officially
approved under the Waste Avoidance and Waste Management Act or have not been licensed
or notified shall be notified to the competent authority without undue delay. Paragraph (2)
second sentence above shall apply mutatis mutandis.
(8) Article 27 shall continue to be applicable in the version applicable on 14 October
1996 for the emission declarations to be submitted for 1996.
Article 67 a
Transitional Arrangement Resulting from
the Establishment of German Unity
(1) In the territory specified in Article 3 of the Unification Treaty, an installation subject to
licensing which was constructed before 1 July 1990 or whose construction was commenced
before that date shall be notified to the competent authority within six months from that date.
Such notification shall be accompanied by documentation on the nature, size and mode of
operation of such installation.
(2) In the territory specified in Article 3 of the Unification Treaty, the granting of a licence for
the construction and operation, or for major alterations to the location, nature or operation, of
an installation subject to licensing may not be withheld on grounds that an immission value
has been exceeded due to an existing immission load if
1. the additional load is but minor and the immission load within the area of influence of
the installation is expected to be reduced significantly within five years after licensing
or if
2. installations are shut down or improved in connection with the project and this results
in a reduction of the existing immission load which, on an annual average, is at least
twice as large as the additional load caused by the new installation.
(3) Where the Technical Instructions on Air Quality Control of 27 February 1986 (GMBl. pp.
95, 202) provide for any measures aimed at retrofitting existing installations by a fixed date,
the periods resulting therefrom shall be extended by one year for the territory specified in
Article 3 of the Unification Treaty; the period shall commence on 1 July 1990.
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Articles 68 to 72
(Amendment of Legal Provisions,
Transition of References,
Repeal of Provisions)
- 61 -
Article 73
Berlin Clause
(no longer applicable)
Article 74
Entry into Force
The provisions of this Act entitling to the issue of ordinances and general administrative
provisions as well as Article 51 will enter into force on the day after their promulgation. All other
stipulations of this Act will enter into force on the first day of the month following its
promulgation. Articles 40 a to 40 e and Article 62 a as well as the Annex shall be repealed on 31
December 1999.
Annex
(regarding Article 40 c (1))
Motor vehicles with low exhaust emissions
1. Any motor vehicles which meet the provisions
1.1 of Council Directive 70/220/EEC of 20 March 1970 on the approximation of the
laws of the Member States relating to measures to be taken against air pollution by
emissions from motor vehicles (Official Journal EC No. L 76 p. 1) in the version of
Council Directive 93/59/EEC of 28 June 1993 (Official Journal EC No. L 186 p.
21) and the test type I referred to in Annex I No. 5.3.1 of the Directive, or
1.2 of Council Directive 88/77/EEC of 3 December 1987 on the approximation of the
laws of the Member States relating to the measures to be taken against the emission
of gaseous pollutants from diesel engines for use in vehicles (Official Journal EC
1988 No. L 36 p. 33) in the version of Council Directive 91/542/EEC of 1 October
1991 (Official Journal No. L 295 p. 1) and which do not exceed, in the emissions of
gaseous pollutants and air-polluting particles, the limiting values mentioned in line
A of the table under No. 8.3.1.1 of Annex I of the Directive,
shall be deemed to be motor vehicles with low exhaust emissions.
2. Moreover,
2.1 any motor vehicles driven by an electric motor,
2.2 any passenger cars and mobile homes with a permissible total mass not exceeding
2,800 kg which were licensed before 26 July 1995 and at least since that date have
met the provisions
2.2.1 of Annex XXIII of the German Road Licensing Regulations or
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2.2.2 of Council Directive 70/220/EEC of 20 March 1970 on the approximation of the
laws of the Member States relating to measures to be taken against air pollution by
emissions from motor vehicles (Official Journal EC No. L 76 p. 1) in the version of
Council Directive 88/76/EEC of 3 December 1987 (Official Journal EC 1988 No. L
36 p. 1) - test type I measured in accordance with Annex III A - or of later
amendments by Council Directive 88/436/EEC of 16 June 1988 (Official Journal
EC L 214 p. 1), corrected by the correction by means of Directive 88/436/EEC
(Official Journal EC No. L 303 p. 36) or of Directive 89/491/EEC of the
Commission of 17 July 1989 (Official Journal EC No. L 238 p. 43), or
2.2.3 of Council Directive 70/220/EEC of 20 March 1970 on the approximation of the
laws of the Member States relating to measures to be taken against air pollution by
emissions from motor vehicles (Official Journal EC No. L 76 p. 1) in the version of
Council Directive 89/458/EEC of 18 July 1989 (Official Journal EC No. L 226 p. 1)
and have an engine displacement of less than 1,400cc, or
2.2.4 of Council Directive 70/220/EEC of 20 March 1970 on the approximation of the
laws of the Member States relating to measures to be taken against air pollution by
emissions from motor vehicles (Official Journal EC No. L 76 p. 1) in the version of
Council Directive 91/441/EEC of 26 June 1991 (Official Journal EC No. L 242 p.
1) - with the exception of those vehicles to which the transitional provisions of
Annex I No. 8.1 or 8.3 apply and for which proof cannot be provided that they were
fitted with a catalytic converter and closed-loop mixture preparation at the time of
their first licensing -
shall be deemed to be motor vehicles with low exhaust emissions;
2.3 Any passenger cars and mobile homes licensed before 26 July 1995 and which have
met the provisions of Annex XXV of the German Road Licensing Regulations at
least since that date. In the case of vehicles with an engine displacement of up to
and including 2,000cc a certificate issued by the vehicle manufacturer shall state
that one of the requirements referred to under Nos 2.2.1 to 2.2.4 above has also been
met;
2.4 Any motor vehicles with spark ignition engines which have an engine displacement
of less than 1,400 cc, which were first licensed before 26 July 1995 and were fitted
with a catalytic converter and closed-loop mixture preparation and which have been
recognised as relatively low-pollutant motor vehicles under Article 47 (4) of the
German Road Licensing Regulations,
2.5 Any motor vehicles that have been retrofitted with an exhaust-gas purifying system
and
2.5.1 comply with the requirements of the 52nd Ordinance concerning Exemptions from
the German Road Licensing Regulations of 13 August 1996 (BGBl I p. 1319) or
2.5.2 meet the requirements of the transitional provisions in Article 72 to Article 47 (3)
(low emission vehicles) of the German Road Traffic Licensing Regulations.
- 63 -
3. Transitional Provision
Motor vehicles with compression-ignition engines, with the exception of passenger
cars and mobile homes with a total mass of up to 2,800kg, shall be treated like the
motor vehicles referred to under No. 1 above for a period of 60 months counting
from the day on which they were admitted to traffic for the first time. This equal
treatment shall end on 1 July 1998 at the latest.
- 64 -
Annex (regarding Article 3 (6))
Criteria for Determining Best Available Techniques
Criteria to be taken into account when determining best available techniques, bearing in mind the
cost and benefit of any measures considered and the principles of precaution and prevention, all
in relation to installations of a given type, shall in particular include the following:
1. the use of low-waste technology;
2. the use of less hazardous substances;
3. the furthering of recovery and recycling of substances generated and used in the process
and of waste, where appropriate;
4. comparable processes, facilities or methods of operation which have been tried with
success on an industrial scale;
5. technological advances and changes in scientific knowledge and understanding;
6. the nature, effects and volume of the emissions concerned;
7. the commissioning dates for new or existing installations;
8. the length of time needed to introduce the best available technique;
9. the consumption and nature of raw materials (including water) used in the process and
their energy efficiency;
10. the need to prevent or reduce to a minimum the overall impact of the emissions on
humans and the environment and the risks to them;
11. the need to prevent accidents and to minimize the consequences for humans and the
environment;
12. the information published by the Commission pursuant to Article 16 (2) or by
international organisations.

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2002
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