Ordinance for the implementation of the Federal Immission Control Act

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An ordinance for the implementation of the Federal Immission Control Act , abbreviated to BImSchV , is a statutory ordinance of the federal government that can be issued on the basis of an authorization in the Federal Immission Control Act (BImSchG). According to Art. 80 para. 2 GG the approval of the Bundesrat . Before being sent to the Bundesrat, the ordinances mentioned in Section 48b BImSchG must be sent to the Bundestag , which can amend or reject an ordinance by resolution.

Areas of regulation

Since the Federal Immission Control Act is essentially limited to generally formulated requirements, the practical legal application of the sub-statutory concretization, for example the requirements for systems requiring approval ( § 7 BImSchG), for systems not requiring approval ( § 23 BImSchG), requires the construction of roads , Railways and compensation for noise protection measures ( § 43 BImSchG) as well as for compliance with binding legal acts of the European Communities or the European Union ( § 48a BImSchG).

The ordinance on the licensing procedure issued on the basis of Section 10 (10) BImSchG contains, for example, in addition to Sections 8-17 BImSchG, more detailed provisions on the procedure for issuing a permit under immission control law, such as regulations on the question of which documents the entrepreneur must add to his application for permission the extent to which his confidentiality interest in business secrets is taken into account ( §§ 4 ff. of the ordinance on the approval procedure). The traffic noise protection ordinance issued in accordance with § 43 BImSchG contains noise limit values ​​for the protection of the neighborhood, technical requirements for the construction of traffic routes and regulations on the necessary noise protection on buildings.

Demarcation

The federal government is acc. Section 48 of the BImSchG is also authorized to issue administrative regulations for the implementation of the Federal Immission Control Act. These include in particular the TA Luft ( technical instructions for keeping the air clean ) and the TA Lärm ( technical instructions for protecting against noise ). The regulation in an administrative regulation instead of an ordinance is important for legal protection . The courts are bound by the law when it comes to the control of administrative action (Art. 20 Para. 3, Art. 97 Para. 1 GG). They may only base their decisions on substantive law - constitutional law, formal laws, ordinances, autonomous statutes and also customary law. General administrative regulations and other instructions through which a superior authority works internally within the administration towards a uniform procedure or a certain exercise of discretion, but also towards a certain interpretation and application of the law by its subordinate authorities, are not laws within the meaning of Article 20.3 of the Basic Law and Art. 97 Para. 1 GG. Administrative regulations with substantive content are basically the subject of judicial control, but not the yardstick.

There is currently no regulation at federal level for immissions from light . The " Light Directive " of the Federal / State Working Group on Immission Control (LAI) applies to the approval and monitoring of systems with regard to immissions from light .

The individual federal immission control regulations

Further regulations under immission control law

In addition to the implementing ordinances referred to as such, the Federal Government and the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety have issued further legal ordinances to protect against harmful effects on humans and nature, partly on the basis of the Federal Immission Control Act, partly according to other environmental laws , and partly for implementation of EU directives . These include, for example, the Biomass Ordinance , the Pipeline Ordinance or the EMAS Privilege Ordinance.

Web links

Wiktionary: BImSchV  - explanations of meanings, word origins, synonyms, translations

Individual evidence

  1. ↑ Holger Wöckel: Fundamentals of Immissionsschutzrechts Universität Freiburg, 2008, p. 7
  2. ↑ Regulation system of §§ 41-43 BImSchG Scientific Services of the German Bundestag , elaboration from February 12, 2018
  3. ↑ cf. Hessian Ministry for the Environment, Climate Protection, Agriculture and Consumer Protection : Procedure manual for the implementation of the Federal Immission Control Act. Implementation of approval procedures as of July 2016
  4. ↑ Immissionsschutzrecht Universität Passau 2004, (legal) ordinances on the basis of authorization bases in the BImSchG , p. 9 ff.
  5. ↑ Brief information: Transitional regulation in § 43 BImSchG Scientific Services of the German Bundestag , January 22, 2018
  6. ↑ cf. For example, information on the implementation of the Ordinance on Electromagnetic Fields Circular of the Ministry for the Environment and Nature Conservation, Agriculture and Consumer Protection North Rhine-Westphalia - V - 5 - 8828 (V No. 3/04) - of November 9, 2004
  7. ↑ cf. for example BVerwG E 34, 278, 288; 55, 250, 255; BFH, BStBl. II 1976, pp. 795, 796; st.Rspr.
  8. ↑ Immissionsschutzrecht Universität Passau 2004, administrative regulations , p. 11 ff.
  9. ↑ BVerfGE 78, pp. 214, 227
  10. ^ Ordinance on the generation of electricity from biomass ( Biomasse Ordinance - BiomasseV) of June 21, 2001 (Federal Law Gazette I p. 1234)
  11. ↑ Ordinance on Pipeline Systems (Pipeline Ordinance) of September 27, 2002 (Federal Law Gazette I p. 3777, 3809)
  12. ↑ Ordinance on immission control and waste control facilitation for sites and organizations registered according to Regulation (EC) No. 761/2001 (EMAS Privilege Ordinance - EMASPrivilegV) of June 24, 2002 (Federal Law Gazette I p. 2247)
  13. ↑ Laws, regulations and agreements Website of the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety, search mask for the national regulations, accessed on June 26, 2019