Doing business in Germany: Environmental rules
28 February 2012by Ina Dimireva -- last modified 30 March 2012
The devolution of competences to the Länder means that the Federal Government is responsible for some aspects of environmental protection while the Länder handle others.
Advertisement
Legal requirements
The environmental laws at the federal and state level are generally implemented by the Länder. The highest national authority for environmental matters is the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety. The 16 Länder also have their own environment ministries.
Federal Ministry for the Environment, Nature Conservation and Nuclear Safety
Environment ministries of the Länder
The Federal Ministry for the Environment collates all Acts and Regulations within its area of competence. This is broken down into the following fields:
General environmental protection
Renewable energy/climate protection
Nuclear safety/radiological protection
Nature and landscape conservation
Environmental control
Waste management
The aim of the 'Act to promote closed cycle waste management and environmentally sustainable waste disposal' (Closed Cycle Waste Management and Disposal Act - KrW-/AbfG) and the subordinate regulations based on it is to encourage the avoidance and recycling of waste and to promote its environmentally sustainable disposal.
The 'polluter pays' principle applies, meaning that persons who generate or own industrial waste are obliged to dispose of it, which also includes separating and treating different types of waste. Waste from private households, on the other hand, is disposed of as a public service by the local authorities, or by the persons who place the products in circulation (the principle of product-based waste management).
A key aspect of the Act is the responsibility that it places on manufacturers and distributors for any waste left over at the end of the lifecycle of their products (product responsibility). Individual provisions (e.g. Acts or Regulations) relating to product responsibility may stipulate that manufacturers and distributors, and some private systems, must take back end-of-life products. Such obligations apply for example to packaging materials, old cars, batteries, oil and electrical appliances.
Chemicals
The basis for the production, marketing, use and labelling of chemicals (substances, mixtures and preparations) is provided at the European level by Regulation (EC) No 1907/2006 (the REACH Regulation) and Regulation (EC) No 1272/2008 (the CLP Regulation), supplemented in Germany by the Chemicals Act and other provisions based on it such as the Chemicals Prohibition Regulation, the Hazardous Substances Regulation and the Chemicals Penalty Regulation.
Chemicals Act (Act on protection against hazardous substances)
Chemicals Prohibition Regulation
Hazardous Substances Regulation
The European Chemicals Agency (ECHA), with which manufacturers have to register substances, works with the competent national authorities to ensure that the REACH Regulation is applied consistently in the Member States. You can also find extensive information on the precise content of the REACH Regulation on the ECHA home page. The Bundesstelle für Chemikalien in Dortmund runs a 'REACH helpdesk' for Germany, tasked with advising businesses on their REACH responsibilities. The REACH helpdesk is connected to the equivalent national information centres in the other Member States. Its services are free of charge.
The Chemicals Act stipulates that biocidal products may only be placed in circulation when they have been approved by the competent national licensing office. It also defines the scope of this licensing obligation and the logical and formal licensing requirements; these provisions are based on the relevant sections of Directive 98/8/EC (the Biocide Directive). Details of the licensing procedure are also laid down in the Biocides Licensing Regulation. All products already on the market before the entry into force of this provision must also be registered in accordance with the Biocides Notification Regulation. The European Biocide Directive is currently being revised. A revised version is expected in the course of 2011.
Biocides Notification Regulation
The marketing and labelling of washing and cleaning agents are covered by the Washing and Cleaning Agents Act and the Regulation on Maximum Permissible Phosphate Levels which is based upon it.
Washing and Cleaning Agents Act
Regulation on Maximum Permissible Phosphate Levels
The provisions of the Chemicals Ozone Layer Regulation cover the production, import, export, circulation, use, recovery, recycling, preparation and destruction of ozone-depleting fully and semi-halogenated chlorofluorocarbons (CFCs and HCFCs). The Regulation contains provisions on chemicals and waste management that are designed to reduce emissions into the atmosphere of ozone-depleting substances. There are provisions laying down prohibitions and restrictions on certain uses of these substances, rules on recovery and return of such substances and regulations on the maintenance, decommissioning and disposal of equipment and products containing them, including personal obligations placed on the staff involved.
Chemicals Ozone Layer Regulation
The Chemicals Ozone Layer Regulation contains provisions on chemicals and waste management that are designed to significantly reduce emissions of certain harmful fluorinated greenhouse gases into the atmosphere by preventing or minimising leaks in appliances that contain such gases and by obliging producers to take back such equipment.
Chemicals Climate Protection Regulation
Certain conditions also apply to the transport of hazardous goods, concerning e.g. transport containers, carnets, identification and marking.
Monitoring compliance with the Acts and Regulations mentioned above is the responsibility of the authorities tasked with this under federal state law.
Water
Business must comply with various Acts and Regulations in relation to water conservancy. Bodies of water (inland lakes, coastal waters and groundwater) are managed by the State. Any use of water - with a few exceptions - therefore requires an official permitor approval.
For example, removing and withdrawing water and discharging substances, particularly waste water, constitute uses that require an official permit or approval. The same applies to storing, lowering or diverting water. Activities liable to cause lasting or significantly harmful changes to the physical, chemical or biological composition of the groundwater are also considered to be uses requiring a permit. These also include safety measures in plants that handle substances harmful to water.
Provisions applicable throughout Germany can be found in the following Acts:
Regulation on long-distance pipelines - RohrFltgV
You can find out more on the provisions covering the protection of bodies of water and groundwater on the website of the Federal Ministry for the Environment:
Information on the protection of bodies of water
Information on the protection of groundwater
Climate and air
In Germany, the European emissions trading system is mainly implemented by the Greenhouse Gas Emissions Trading Act (TEHG).
For the 2008-2012 allocation period, the total number of permits to be issued by Germany, and the rules for allocating them, are set out in the Allocation Act 2012.
Just under ten per cent of the permits to be issued by Germany are sold. From 2010 onwards, this will be done by auction; the process is defined in the Emissions Trading Auction Regulation 2012 (EHVV 2012).
Emissions Trading Auction Regulation 2012
In the area of air pollution control, the Federal Immission Control Act (BImSchG) is the key provision:
Some plants listed in the Regulation on plants requiring a permit (4th BImSchV) require immission control approval before they can be built and operated (Sections 4, 6 BImSchG). These include combustion facilities, chemical or agricultural plants.
Along with the BImSchG, the Regulation laying down the approval procedure (9thBImSchV) should be observed.
The federal Länder are responsible for implementing the approval procedure. If an existing plant is to be modified, the change must be notified (Section 15 BImSchG); in some cases, this change may also require approval, which must be granted before the change is made (Section 16 BImSchG). Even where no approval is required for a given plant, certain immission control requirements still have to be met (Sections 22 ff. BImSchG).
Noise protection
In Germany, the requirements for noise protection from industrial facilities are set out in the Federal Immission Control Act (BImSchG). The requirements of the BImSchG are intended to safeguard the area around industrial facilities from significant annoyance caused by noise immissions.
Some plants are not only subject to approval under planning regulations, but also require immission control approval in accordance with Section 4 BImSchG. A full list of these plants is given in the Regulation on plants requiring approval (4th BImSchV). The operator's responsibilities set out in Section 5 BImSchG apply to plants requiring immission control approval. This states that such plants must be constructed and operated in such a way that no environmental damage from noise etc. can be caused, and that precautions are taken to prevent any harm to the environment.
The operator's responsibilities set out in Section 22 BImSchG apply to plants not requiring immission control approval. This states that these plants must be constructed and operated in such a way that environmental damage from noise etc. is prevented, where the state of technology allows; any unavoidable environmental impact must be kept to a minimum.
The immission control standards for assessing noise immissions from plants are laid down in the Sixth General Administrative Regulation to the Federal Immission Control Act (Technical instructions on protection against noise - TA Lärm) of 26 August 1998, based on Section 48 BImSchG.
Technical instructions on protection against noise - TA Lärm [75 KB]
Nuclear safety
The fundamental rules on nuclear safety, radiation protection and the procurement and disposal of radioactive materials are laid down in the 'Act on the peaceful use of atomic energy and protection against the associated hazards' (Atomic Energy Act) of 23 December 1959.
Along with its stated purpose and general provisions, the Atomic Energy Act also includes monitoring requirements, basic provisions on the responsibilities of the administrative authorities, liability rules and financial penalties. It forms the basis for various Regulations that define the requirements in more detail.
Requirements for radiation protection are covered especially by the Radiation Protection Regulation, which is based on the Atomic Energy Act.
Radiation Protection Regulation
A number of bodies, most of them federal state authorities, are responsible for approving and supervising the various plants, facilities, activities and works. In the area of radiation protection, the responsibility rests with the highest federal state authorities and the other bodies subordinate to them within the Länder.
A consistent interpretation of the legal requirements and a harmonised approval process are assured by the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety (BMU), which monitors legality and fitness for purpose.
Detailed descriptions of the legislative framework and its implementation and of the authorities concerned can be found in the following:
with reference to nuclear power plants, the report from the Federal Republic of Germany to the Fourth Review Meeting under the Convention on Nuclear Safety (for notes on Articles 7 and 8, see pages 15-49)
with reference to the procurement and disposal of radioactive materials, the report from the Federal Republic of Germany to the Third Review Meeting under the Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management (for notes on Articles 19 and 20, see pages 69-94)
Report from the Government of the Federal Republic of Germany
A collection of links to all Acts and Regulations relating to nuclear safety, radiological protection and the procurement and disposal of radioactive materials can be found at
Further information on this topic can be obtained from the web site of the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety (BMU).
General information from the BMU on radiological protection
Businesses are free to go beyond the minimum environmental legal requirements at their own initiative.
Administrative procedures
Declaration procedures
Chemicals
Under the EC REACH Regulation, manufacturers and distributors must register with the ECHA in Helsinki any substances that they produce or import in quantities exceeding 1 tonne per year. The ECHA imposes data requirements based on the existing procedure for new substances - with higher thresholds - and tiered according to the production volume and potential risk.
More details on the requirements for permit applications can be found in the section on 'Permits and licences'.
Water
Under the devolution of competences laid down in the German constitution, water management is a matter for the Länder. This means that the legal implementation of water management procedures is left to each of the 16 federal Länder. The practical and judicial competences may therefore vary from one federal state to another. In particular, it is up to the individual federal states to decide which authorities should be responsible for implementing the Water Management Act, what procedures should be followed (including the involvement of the general public) and what means should be used to enforce the laws. The Länder can also determine whether applications must be submitted within specified deadlines and how long the proceedings should last.
For information on the relevant federal state laws, please refer to the web sites of the environment ministries in the individual Länder.
Web site of the German Conference of Environment Ministers
Climate and air
Within the emissions trading system, the operators of the plants concerned have to report on their emissions each year (Section 5 TEHG).
The Data Collection Regulation 2012 introduces reporting obligations on emissions from activities that are going to be incorporated into emissions trading. These are air traffic, included from 2012, and new types of plant, included from 2013.
Data Collection Regulation 2012
If an existing plant covered by the emissions trading system should be modified, this change must be notified to the competent authority at least one month before it is implemented, if the change could have an effect on emissions (Section 4(9) TEHG). This provision is implemented by the Länder.
If an existing plant that falls within the provisions of the Federal Immission Control Act should be modified, this change must be notified in writing to the competent authority at least one month before work is dues to start (Section 15 BImSchG).
For information on the relevant federal state laws, please refer to the web sites of the environment ministries in the individual Länder.
Web site of the German Conference of Environment Ministers
Noise protection
Where plants subject to approval under immission control law are concerned, application documents on noise protection must be submitted together with the other application documents required for the immission control approval procedure. The approval procedure is laid down in the 'Regulation on the approval procedure' (9th BImSchV). The division of competences set out in the German constitution places the responsibility for implementing the approval procedure on the authorities empowered to do so under federal state law.
Where plants not subject to approval under immission control law are concerned, but where planning approval proceedings have to be conducted under federal state law, the procedure is defined by the Land concerned. Federal state law may for example stipulate that documents must be presented for a review of the operator's immission control obligations.
Nuclear safety
See notes in the next section on 'Permits and licences'.
Permits and licences
Chemicals
The use of certain particularly worrying substances (carcinogenic, mutagenic and teratogenic substances and long-lived pollutants accumulating in the body) may be made subject to licensing by the European Commission. More detailed information can be obtained from the ECHA home page and the national REACH helpdesk.
Licences for biocide products are issued by the Federal Institute for Occupational Safety and Health (BAuA) in Dortmund.
Under the Chemicals Prohibition Regulation, the commercial distribution of substances identified as toxic and highly toxic requires a permit from the competent authority.
Under the EC PIC Regulation, exports of certain hazardous chemicals to states outside the EU require an export notification.
To avoid discharges of hazardous substances into the atmosphere, the maintenance, inspection, recovery and return of F-gases may only be carried out by qualified staff. The Chemicals Climate Protection Regulation therefore contains mandatory provisions covering personal requirements, including technical knowledge and reliability, for certain activities, and requirements for staff training, testing and certification.
General information on chemicals can be found on the relevant web pages of the Federal Ministry of the Environment and the Federal Environment Agency:
Chemicals at the Federal Ministry of the Environment
Chemicals at the Federal Environment Agency
Useful links relating to the chemical safety of individual products such as cleaning agents or F-gases can be found on the following pages:
Federal Institute for Occupational Safety and Health: overview of laws
Federal Environment Agency: overview of rules on washing and cleaning agents
Federal Ministry for the Environment: rationale behind the Washing and Cleaning Agents Act
Federal Environment Agency: information on labelling of contents
Federal Ministry for the Environment: technical information on safeguarding the ozone layer
Federal Environment Agency: information on safeguarding the ozone layer
Federal Ministry for the Environment: information on the Ozone Layer Regulation
Federal Ministry for the Environment: information on F-gases
Federal Environment Agency: technical information on F-gases
Federal Ministry for the Environment: rationale behind the Chemicals Climate Protection Regulation
Water
Permits and approvals should be refused where harmful changes to water may be expected. Under the division of competences laid down in the German constitution, water management is a matter for the Länder. This means that the implementation of water management procedures is left to each of the 16 federal Länder.
The practical and judicial competences may therefore vary from one federal state to another. In particular, it is up to the individual federal states to decide which authorities should be responsible for implementing the water management laws, what procedures should be followed and what means should be used to enforce the laws. The Länder can also determine whether applications must be submitted within specified deadlines and how long the proceedings should last.
For information on the relevant rules and procedures in the federal states, please refer to the web sites of the environment ministries in the individual Länder.
Environment ministries of the Länder
Umweltportal Deutschland (German environmental information portal)
Climate and air
The release of greenhouse gases by plants covered by the emissions trading system requires approval (Section 4(1) TEHG). For plants that require approval under immission control law, immission control approval also constitutes approval to release greenhouse gases (Section 4(6) TEHG). The federal Länder are responsible for granting approval.
Some plants listed in the Regulation on plants requiring a permit (4th BImSchV) require immission control approval before they can be built and operated (Sections 4, 6 BImSchG). These include combustion facilities, chemical or agricultural plants. Along with the BImSchG, the Regulation laying down the approval procedure (9th BImSchV) should be observed. The federal Länder are responsible for implementing the approval procedure. Some changes to existing plants also require approval, which must be granted before the changes are made (Section 16 BImSchG).
Further information on the form and content and on the competent authority can be found on the web sites of the Länder.
German Conference of Environment Ministers
Ninth Implementing Regulation to the Federal Immission Control Act (9th BImSchV)
Noise protection
According to Section 6 BImSchG (the Federal Immission Control Act), a permit may be granted for a plant requiring immission control approval where it can be shown that the obligations arising from Section 5 BImSchG, including those relating to protection against noise, have been met. The approval procedure satisfies the requirements of the IPPC Directive 2008/1/EC.
Where planning approval proceedings have to be conducted for a plant requiring immission control approval, these may be defined differently in the different Länder.
Nuclear safety
To protect against the risks arising from radioactive substances and to monitor their use, the Atomic Energy Act (AtG) makes the construction and operation of nuclear facilities subject to an official permit. The conditions and procedures for granting permits and exercising the supervision are laid down in the Atomic Energy Act (AtG). However, most of the provisions set out there are not final, but are specified in more detail, both in terms of procedures and materials, in Regulations and other legislation.
For some activities, the Atomic Energy Act lays down an approval requirement. Under Section 7 AtG, for example, the construction or ownership of a fixed facility for the generation, handling, processing or fission of nuclear fuels, any substantial change to the plant or its operation, and the decommissioning of such a plant, require a permit. There are similar provisions in Section 6 AtG for the storage of nuclear fuels; in Section 9 AtG for the handling, processing and other use of nuclear fuels outside plants of the type specified in Section 7 AtG; and in Section 9b AtG for plants handling and storing radioactive waste. The Radiological Protection Regulation contains approval and reporting obligations for other radiation-producing activities and work (Section 3 of the Regulation).
Inspections
Water
The responsibilities and powers of the water conservancy body are set out (from 1 March 2010) for the whole of Germany in Sections 100 to 102 of the new Water Management Act (BGBl. I 2009, p. 2585) and also (up to 1 March 2010) in the water management laws of the federal Länder.
Federal Water Management Act (in the version in force until 1 March 2010) [269 KB]
Under the division of competences laid down in the German constitution, water management is a matter for the Länder. This means that the implementation of water management procedures is left to each of the 16 federal Länder. The practical and judicial competences may therefore vary from one federal state to another. In particular, it is up to the individual federal states to decide which authorities should be responsible for implementing the Water Management Act, what procedures should be followed. The Länder can also determine whether applications must be submitted within specified deadlines and how long the proceedings should last.
For information on the relevant rules and procedures in the federal states, please refer to the web sites of the environment ministries in the individual Länder.
Web site of the German Conference of Environment Ministers
Climate and air
Within the emissions trading system, monitoring is covered by Section 21 TEHG. It is handled partly by the Länder and partly at the federal level.
Greenhouse Gas Emissions Trading Act
The monitoring of air pollution control is based on various provisions (incl. Sections 26-29a, 52ff. BImSchG). Ongoing monitoring is carried out in accordance with Section 27 BImSchG (emissions declarations by certain plants listed in full in the 11th BImSchV) and on the basis of the European PRTR Regulation and its German implementing Act (SchadRegProtAG).
Further information on the form and content and on the competent authority can be found on the web sites of the Länder.
German Conference of Environment Ministers
Noise protection
Even after granting a permit for a plant requiring emission control approval, the competent authority is allowed under Section 17 BImSchG to issue orders to operators to meet their obligations - particularly in relation to the necessary noise protection.
For plants that do not require immission control approval, Section 24 BImSchG allows the competent authority to issue the orders needed to implement Section 22 BImSchG in any given case.
Nuclear safety
Throughout their service life, including construction and decommissioning, nuclear facilities are subject to ongoing state supervision according to the Atomic Energy Act and the associated atomic energy Regulations, after the necessary permit has been granted.
Acts and Regulations - nuclear safety etc. (links)
Federal Ministry for the Environment, Nature Conservation and Nuclear Safety
Resources
The key environmental regulations of the Länder can be found on the legal portal 'Justiz-Online'.
Database: Administrative provisions online
Programmes
To help businesses comply with environmental rules, the Federal Government, the Länder and the EU award financial aid within the framework of various support programmes.
Environmentally-specific support programmes
Federal Ministry of Economics and Technology: general support database
Source: European Commission
