Immission control; ordering of investigations and tests by measuring stations or experts

In order to determine emissions and immissions and to carry out safety tests, the competent authority may order notified measuring points or experts to take action.

According to § 26 of the Federal Immission Control Act (BImSchG), the competent authority may, for special reasons, order that measurements of emissions and immissions be carried out by a body announced by the Bavarian State Office for the Environment (LfU). The announcement of the LfU can be found on the Internet (see "Further links").

Pursuant to Section 29a (1) BImSchG, the competent authority can order the operator of an installation subject to licensing or an installation within an operating area pursuant to the Major Accidents Ordinance to commission an expert notified by the LfU to carry out safety inspections and inspections of safety documentation. The list of experts notified in Bavaria can also be found on the Internet (see "Related links").

The measuring bodies and experts announced in other federal states can also be commissioned. The ReSyMeSa database provides a compilation of the measuring bodies and experts notified in Germany (see "Related links").

Further details on the notification of bodies and experts are regulated by the Notification Ordinance (41st BImSchV; see "Legal bases").

Administrative court action