Regulation on the approval procedure
| Basic data | |
|---|---|
| Title: | Ninth ordinance for the implementation of the Federal Immission Control Act |
| Short title: | Regulation on the approval procedure |
| Previous title: | Principles of the approval process |
| Abbreviation: | 9th BImSchV |
| Type: | Federal Ordinance |
| Scope: | Federal Republic of Germany |
| Issued on the basis of: | div. §§ BImSchG |
| Legal matter: | Environmental law |
| References : | 2129-8-9 |
| Original version from: | February 18, 1977 ( Federal Law Gazette I p. 274 ) |
| Entry into force on: | March 1, 1977 |
| Last revision from: | May 29, 1992 ( BGBl. I p. 1001 ) |
| Entry into force of the new version on: |
May 2, 2013 |
| Last change by: |
Art. 1 Regulation of 8 December 2017 ( Federal Law Gazette I, p. 3882 ) |
| Effective date of the last change: |
December 14, 2017 (Art. 3 of December 8, 2017) |
| Please note the note on the applicable legal version. | |
The ordinance on the licensing procedure (9th BImSchV) describes the procedure for the licensing of plants according to the Federal Immission Control Act , insofar as these are described in the ordinance on plants requiring licensing (4th BImSchV). In addition to the actual provisions on immission control, the ordinance also contains provisions on protective measures, the treatment of waste, energy efficiency and environmental impact assessment . In this respect, an interdisciplinary approach is pursued, which is also linked to the reference to Directive 2008/1 / EC on the integrated prevention and reduction of environmental pollution.
The 9th BImSchV specifies the details of the approval procedure: Written application, type of procedure (public / non-public procedure / early start), scope of the application documents (e.g. construction / operational description, extract from land use map, site plans, information on emissions and emission reductions as well as Measures for occupational safety), implementation of the approval procedure, participation of third parties (public), implementation and recording of a public discussion meeting , content of the approval, special notices.
The approval procedures require one to six months after all the documents required for an assessment have been submitted, depending on the type of procedure:
§ 4: six months
§ 15: one month
§ 16: without public participation three months, with public participation six months
A special feature is the transitional provision in Section 25, which primarily affects old systems. Paragraph 1 also states here: “Procedures that were started before an amendment to this regulation came into force must be completed in accordance with the provisions of the amended regulation. A repetition of procedural sections is not necessary. "
