For which activity general binding rules apply

On this page:

• What is the difference between general binding rules for a type 1 and a type 2
• When performing which activity(ies) my business is a type 1 company
• When performing which activity(ies) my company is a type 2 company

What is the difference between general binding rules for a type 1 and a type 2 company

Both type 1 and type 2 companies have to abide to the general binding rules that apply to the activities your business carries out. These rules are set out in the Establishments and activities Decree BES (IAB BES), the ministrial regulation estanblishments and activities BES (RIA BES) and in an Island Ordinance. Depending on activity(ies) these are, your company is a type 1 or a type 2 company.
The activities are listed in Annex 1 of the IAB BES.

When performing which activity(ies) my business is a type 1 company

If your business carries out one or more of the activities listed below, your business is at least a type 1 company and general binding rules apply:

Animals, agriculture and livestock, for:

• breeding or keeping up to 100 birds or up to 25 mammals.

Foodstuffs, for:

• manufacture of foodstuffs for persons who live or work in the accommodation of the establishment.

Transport, where:

• within a distance of 50 metres from the boundary of the establishment sensitive objects are present and during the period between 19.00 and 07.00 hours, on average four or less transport movements are carried out by motor vehicles whose mass of the empty vehicle plus the loading capacity is more than 3500 kilograms
• there is no outdoor training ground for motor vehicles
• for providing parking in a parking garage for up to 30 passenger cars
• for operating a battery charger.

Catering, where:

• within, partly on the basis of the nature of the establishment, it is not plausible that, in any room of the establishment, the equivalent continuous sound level (Leq) caused by the music performed in the representative operating situation exceeds:
  • 70 dB(A), when this room is located in a sensitive building or adjoining a sensitive building
  • 80 dB(A), when the above is not applicable in the outdoors or on an open area of the establishment no music is performed.

Energy conversion, for:

• the presence of an emergency power generator not exceeding 50 hours per year;
• the operation of combustion plants with a rated thermal input up to 1 MWth for the heating of buildings or the heating of tap water.

Storage of other goods, for:

• the storage and transhipment of inert goods that are not dust-forming.

Waste, where:

• no activities are carried out with waste originating from outside the establishment.

Waste water, for:

• discharge of domestic waste water;
• discharge of rainwater which does not originate from a soil protection facility.

When performing which activity(ies) my business is a type 2 company

If your business carries out one or more of the activities listed below, your business is at least a type 2 company and general binding rules apply. In addition, you make a notification.

Equipment, installations and engines; a business where:

• 1 or more electric motors with an output or combined power greater than 20 kW
• 1 or more facilities or installations for combusting fuels having 13 thermal inputs or combined power exceeding 20 kW and less than 1 MWth.

Gases, for:

• filling of gas cylinders with propane or butane of a capacity less than 12 litres from a gas cylinders not exceeding 150 litres
• filling gas cylinders with asphyxiant gases
• filling gas cylinders with a capacity of up to 2 litres with oxygen from a concentrator
• filling of gas cylinders with a maximum capacity of 3 litres and at a pressure not exceeding 1.6 bar, with refrigerated liquid oxygen from a gas bottle of a capacity not exceeding 60 litres at a pressure of up to 1.6 bar
• filling gas bottles with breathable gas mixture for divers with a proportion of oxygen up to 32 percent and with a capacity of up to 18 litres
• the storage of propane, propene, oxygen, fermentation gas, carbon dioxide, air, argon, helium or nitrogen in one or more storage tanks with a capacity of 50 m³ per tank or a combined capacity of the storage tanks of 100 m³.

Explosives, for:

• storing consumer fireworks with a joint storage capacity of up to 1100 kilograms.

Hazardous substances, fuels and flammable liquids, for:

• storage of liquid fuels, waste oils or substances of Class 5.1 or Class 8, packaging groups II and III referred to in Annex A of the ADR with a combined capacity not exceeding 150 m³
• deliveryof liquid fuels

Animals, agriculture and livestock, for:

• breeding or rearing of 100 to 200 birds or from 25 to 50 mammals
• keeping for production up to 300 poultry
• keeping up to 100 pieces of farmed animals in total
• storage and transshipment of hides, fur, leather or semi-finished leather
• manufacture, processing or handling of hides, fur, leather or semi-finished leather
• the processing, handling, storage and transhipment of products released at the time of slaughter of animals.

Foodstuffs, for:

• manufacture, processing, handling, storage and transhipment of meat or meat products
• the processing, handling, storage and transhipment of fish, molluscs, crustaceans or products released during their processing or handling
• manufacture of bread, banquet, chocolate products, rusk, cake or biscuit
• the manufacture, processing or handling of foodstuffs, tobacco or raw materials therefor (e.g. a restaurant)
• manufacture, processing, handling, storage and transhipment of animal foods or raw materials therefor
• the cultivation, treatment, trade, storage and transhipment of agricultural products.

Pesticides, where:

• more than 10 kilograms of pesticides are processed, stored or skipped.

Construction materials, for the manufacture, processing, handling, storage and transshipment of:

• ceramics, bricks, ornamental or paving stones, roof tiles, porcelain, earthenware, sand limestone, cement, cement mortar, cement goods or lime
• concrete mortar or concrete wares
• ores, minerals, derivatives of ores or minerals, mineral products or marlstone
• glass or glass objects
• stone, rock (diaboss) or stone objects, other than debris
• sand or gravel
• soil

Metals:

• for the processing,handling, storage and transhipment of metals, metal objects or scrap and also for the treatment of the surface of metals or metal objects.

Transport, for:

• the maintenance, repair, surface treatment, inspection, cleaning, trading, renting or testing of:
  • engines, motor vehicles or mopeds
  • agricultural equipment
  • vessels with a length of up to 10 metres to be measured along the waterline
• the parking of 3 or more motor vehicles intended for the carriage of goods by road, articulated motor vehicles, trailers or semi-trailers, the mass of which exceeds 3500 kilograms, plus the loading capacity of the empty vehicle.

Wood and cork, for:

• manufacture, working, process, treat, store and transshipment of wood or cork, and also of wooden, cork or woody objects.

Textiles, paper and graphics, for:

• the processing, handling, storage, skipping or cleaning of textiles, home textiles, textile raw materials or products thereof
• the processing, handling, storage and transhipment of paper pulp, paper or products thereof
• the application of graphic techniques.

Catering, for companies whose destination is:

• hotels, restaurants, guest houses, cafés, cafeterias, snack bars and discotheques, and similar establishments where accommodation is provided for remuneration, drinks are donated or food prepared or provided for direct consumption.

Sports and recreation, where:

• 1 or more facilities or installations available for the practice of sports, including gyms and sports halls
• 1 or more facilities for practicing music, including music schools and music practice rooms
• 1 or more facilities are available for recreational purposes and where a sound system is set up, including sports grounds and open-air theatres
• opportunity to swim
• the opportunity to use:
  • model aircraft, aircraft, craft or vehicles
  • mopeds, motor vehicles or other motorised vehicles or vessels in competition, in preparation for competitions or for recreational purposes
• 10 or more berths for vessels present in a marina
• with bow or bow weapons or with weapons, operating with air pressure or gas pressure, is shot.

Energy conversion, a company:

• for converting wind energy into mechanical, electrical or thermal energy with wind turbines of a rotor diameter greater than 2 m
• for converting thermal energy into electrical energy with a power or combined power exceeding 1.5 kW
• it can be regarded as transformer stations, with transformers not housed in a closed building, with a maximum electrical power of 200 MVA or more to be switched on simultaneously.

Storage of other goods, for:

• the storage, transhipment or transhipment of piece or bulk goods other than the substances, preparations or products referred to in another category, with an area for their storage of 2 000 m² or more.

Hospitals, for:

• for providing medical treatment, nursing or housing with care.

Waste, for:

• the storage of industrial waste, with a capacity of up to 5 m³, does not include the separate storage of paper, aluminium, cardboard and glass
• storing up to 4 end-of-life vehicles
• the recovery or disposal of waste.