Implementation of the Directive 41. BImSchV in praxis – changed requirements on notified bodies in Germany according to § 29b of the Federal Immission Control Act (BImSchG)
Article by Dipl.-Ing. Norbert Suritsch, Müller-BBM GmbH (member company of the Bundesverband der Messstellen für Umwelt- und Arbeitsschutz e.V. (BUA)), in the professional journal Gefahrstoffe/Reinhaltung der Luft on the practical implementation of the directive and on the divergent interpretations of legal concepts such as technical qualification verification, reliability, ring trials, independence, and impartiality.
On 2013-05-02, the 41. BImSchV (41st Ordinance for the implementation of the Federal Immission Protection Act) entered into force as a constituent of a comprehensive Framework Regulation as part of the implemention of the Industrial Emissions Directive. Around two years after the entry into force of the IED, this article deals with a closer look at the previous practical implementation. It turned out that the states responsible for the implementation interprete legal terms which are not precisely defined totally different. This also refers to terms which are of great (even economic) importance for the affected notified bodies according to § 29b Federal Pollution Control Act.
Furthermore, the article includes the key results of a legal opinion on interpretation versions of the ordinance. It was elaborated by the law firm Dolde Mayen & Partner and commissioned by BUA (Federal Association of the notified bodies for environmental protection and occupational safety).
