In accordance with Section 26 of the Federal Immission Control Act (BImSchG), the competent supervisory authority may order the operator of an installation subject to licensing or - where Section 22 applies - of an installation not subject to licensing to have the nature and extent of the emissions emanating from the installation and the immissions in the area affected by the installation determined by a body notified to the competent authority under federal state law if there is reason to fear that the installation will cause harmful effects on the environment.
In the case of installations requiring a permit, the competent authority may
- after commissioning or a change within the meaning of § 15 or § 16 BImSchG and then
- after a period of three years in each case
- issue orders in accordance with Section 26 even without the requirements specified therein.
The requirements for bodies for notification pursuant to Section 29b BImSchG as a body within the meaning of Section 26 BImSchG and an ordinance issued on the basis of this Act are set out in the 41st BImSchV (Notification Ordinance Federal Law Gazette I p. 973,1001) or in the certificate of competence for investigations in the field of immission control ("Immission Control Module"). The basic requirement for the announcement is the presentation of an accreditation by the Deutsche Akkreditierungsstelle GmbH (DAkkS).
