Ordinance on the verification procedure for limiting electromagnetic fields
| Basic data | |
|---|---|
| Title: | Ordinance on the verification procedure for limiting electromagnetic fields |
| Abbreviation: | BEMFV |
| Type: | Federal Ordinance |
| Scope: | Federal Republic of Germany |
| Legal matter: | Administrative law |
| References : | 9022-11-3 |
| Issued on: | August 20, 2002 ( BGBl. I p. 3366 ) |
| Entry into force on: | August 28, 2002 |
| Last change by: |
Art. 3 G of June 27, 2017 ( Federal Law Gazette I p. 1947, 1962 ) |
| Effective date of the last change: |
July 4, 2017 (Art. 4 G of June 27, 2017) |
| GESTA : | E051 |
| Please note the note on the applicable legal version. | |
The Ordinance on the Verification Procedure for Limiting Electromagnetic Fields or BEMFV for short or the non-official EmF Limitation Ordinance is a federal German ordinance and is intended to regulate the details of the law on radio systems and telecommunications terminal equipment , as well as the amateur radio ordinance. The first BEMFV came into force on August 28, 2002 and replaced Order 306/1997 of the RegTP, the legal validity of which was questioned. The only change so far is dated July 7, 2005, when the RegTP was renamed BNetzA .
scope
The ordinance was based on Section 12 and Section 16 Paragraph 1 No. 3 of the Act on Radio Systems and Telecommunications Terminal Equipment of January 31, 2001 (Federal Law Gazette I p. 170) in conjunction with Section 2 of the Administrative Costs Act of June 23, 1970 (Federal Law Gazette I p. 821) decreed by the federal government. The later amended Amateur Radio Ordinance expressly refers to the BEMFV and stipulates its effectiveness for radio amateurs as well.
Definitions
For the purposes of this regulation
- is a fixed radio system: a radio system within the meaning of Section 2 No. 3 of the Act on Radio Systems and Telecommunication Terminal Equipment, including radar systems, which does not change location during its normal operation,
- is a stationary amateur radio system : a stationary radio system within the meaning of number 1, which according to § 2 No. 3 of the Amateur Radio Act of 23 June 1997 (Federal Law Gazette I p. 1494), last amended by Article 48 of the Act of 10 November 2001 (Federal Law Gazette I p. 2992) has been changed, is operated,
- is a location: an installation location at which a fixed radio system has been or is to be installed; the location includes all radio systems that are operated on the same mast or in the immediate vicinity (the safety distances of the individual antennas overlap) one another,
- The location-related safety distance is: the required distance between the reference antenna and the area in which the limit values according to § 3 sentence 1 are complied with, taking into account the relevant field strengths of the surrounding stationary radio systems,
- is the reference antenna: the transmitting antenna with the lowest installation height above ground, which requires a system-related safety distance or, due to its characteristics, must be taken into account when calculating the location-related safety distance,
- is the system-related safety distance: the distance between a single fixed antenna and the area in which the limit values according to § 3 sentence 1 are observed,
- is the controllable area: the area in which the operator can determine the access or stay of people or in which access by people is excluded due to the actual circumstances,
- is the operator: the natural or legal person who has legal and actual control over the entirety of the functions of a radio system.
Practical implications
The BEMFV has far-reaching effects on the operation, in particular on the commissioning of radio systems. It does not matter which radio system it is, as long as it is a stationary radio system and at least 10 watt EIRP power is emitted.
All radio stations must be approved by the Federal Network Agency before they can be put into operation. For this purpose, the BNetzA issues a location certificate in accordance with § 4 BEMFV. This also affects the CB radio and all radio stations . Radio amateurs do not always have to apply for a location certificate for their amateur radio stations. As long as the safety distances of the different radio applications do not overlap, it is sufficient to indicate the amateur radio station according to a precisely defined procedure. This ensures that the amateur radio stations also adhere to the same limit values as all other radio stations. A radio amateur must prove the necessary fundamentals during his examination for the amateur radio certificate .
