Immissionsschutzbeauftragter Bestellung

If you have newly appointed or dismissed an immission control officer or if there have been changes in his area of responsibility, you must notify the competent immission control authority.

Pursuant to the Federal Immission Control Act, operators of certain installations subject to licensing must appoint one or more operating officers for immission control (immission control officers) if this is necessary with regard to the type or size of the installations because of the

• emissions from the installations,
• technical problems of emission control or
• the suitability of the products to cause harmful effects on the environment due to air pollution, noise or vibrations when used as intended,

is necessary.

Annex I of the Ordinance on Immission Control and Major Accidents specifies the installations subject to licensing for which the operator must appoint an immission control officer.

The operator shall notify the competent authority without delay of the appointment of the Immission Protection Officer and the designation of his duties as well as changes in his scope of duties and his dismissal.

Detailed description of the duties of the appointed representative with a certificate of appointment and proof of his or her expertise and reliability.

The requirements for the expertise and reliability of commissioners are set out in Section 2 of the 5th BImSchV and in Annex II, and the tasks to be performed by the commissioner can be found in Section 54 of the BImSchG.

According to § 55 (2) BImSchG, immission control officers must have the expertise and reliability required to perform their tasks.

The requirements for the expertise and reliability of commissioners are set out in Section 2 of the 5th BImSchV and in Annex II of the 5th BImSchV.

The costs can be found in the current version of the Ordinance on Fees and Expenses for Official Acts and Services (General Schedule of Fees – AllGO), which is valid in Lower Saxony.

According to point 44.1.29 of the annex to § 1 para. 1 of the AllGO, costs of €270 are incurred for the order to appoint one or more immission control officers pursuant to § 53 para. 2 BImSchG.

The operator shall immediately notify the competent immission control authority of the appointment of the immission control officer and the designation of his duties as well as of any changes in his scope of duties and of his dismissal.

The processing takes place promptly after receipt of the notification. A specific processing time has not been specified.

Appointments, dismissals or changes in the scope of duties must be reported immediately.

Note (for further information on the deadline): Appointments, dismissals or changes in the area of responsibility must be reported immediately in accordance with § 55 BImSchG.

Since this is a notification procedure according to § 55 BImSchG, no legal remedies are required

• Immission Protection Officer Appointment

• Immission protection officers who are

  • newly appointed

  • were recalled

  • or there have been changes in the scope of duties

• Immediate notification to the responsible immission control authority required.

In Lower Saxony, according to No. 8.1 of the Ordinance on Responsibilities in the Areas of Occupational Health and Safety, Immission Control, Explosives, Genetic Engineering and Radiation Protection Law as well as in other areas of law (ZustVO-Umwelt-Arbeitsschutz), the State Trade Inspectorates are responsible or, for installations subject to mining supervision, the State Office for Mining, Energy and Geology.