COMMISSION STAFF WORKING DOCUMENT The EU Environmental Implementation Review Country Report - GERMANY Accompanying the document Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions The EU Environmental Implementation Review: Common Challenges and how to combine efforts to deliver better results
Inhoudsopgave van deze pagina:
Council of the European Union
Brussels, 6 February 2017 (OR. en)
5967/17 ADD 7
ENV 103 ECOFIN 70 SOC 68 COMPET 74 POLGEN 9 CONSOM 37
COVER NOTE
From: Secretary-General of the European Commission, signed by Mr Jordi AYET PUIGARNAU, Director
date of receipt: 6 February 2017
To: Mr Jeppe TRANHOLM-MIKKELSEN, Secretary-General of the Council of the European Union
No. Cion doc.: SWD(2017) 38 final
Subject: COMMISSION STAFF WORKING DOCUMENT
The EU Environmental Implementation Review
Country Report - GERMANY
Accompanying the document
Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions
The EU Environmental Implementation Review: Common Challenges and
how to combine efforts to deliver better results
Delegations will find attached document SWD(2017) 38 final.
Encl.: SWD(2017) 38 final
EUROPEAN COMMISSION
Brussels, 3.2.2017 SWD(2017) 38 final
COMMISSION STAFF WORKING DOCUMENT
The EU Environmental Implementation Review
Country Report - GERMANY
Accompanying the document
Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions
The EU Environmental Implementation Review: Common Challenges and how to
combine efforts to deliver better results
{SWD(2017) 33 - 37 final}
{SWD(2017) 39 - 60 final}
Germany 2
This report has been written by the staff of the Directorate-General for Environment, European
Commission. Any comments are welcome to the following e-mail address: ENV-EIR@ec.europa.eu
More information on the European Union is available on the internet ( http://europa.eu ).
Photographs: p.11 – ©LIFE06 ENV/D/000485/Mario Manthey; p.12 – ©Michael Luhrenberg/iStock; p.16 – ©HyKoe/iStock; p.24 – ©ungorf/iStock
For reproduction or use of these photos, permission must be sought directly from the copyright holder.
©European Union, 2017
Reproduction is authorised provided the source is acknowledged.
Germany 3
Table of Content
EXECUTIVE SUMMARY .................................................................................................................................... 4
PART I: THEMATIC AREAS ............................................................................................................................... 5
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1.TURNING THE EU INTO A CIRCULAR, RESOURCE-EFFICIENT, GREEN AND COMPETITIVE LOW-
CARBON ECONOMY ............................................................................................................................... 5
Developing a circular economy and improving resource efficiency ..................................................... 5
Waste management .............................................................................................................................. 7
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2.PROTECTING, CONSERVING AND ENHANCING NATURAL CAPITAL ....................................................... 9
Nature and Biodiversity ......................................................................................................................... 9
Estimating Natural Capital................................................................................................................... 10
Green Infrastructure ........................................................................................................................... 11
Soil protection ..................................................................................................................................... 12
Marine protection ............................................................................................................................... 13
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3.ENSURING CITIZENS' HEALTH AND QUALITY OF LIFE .......................................................................... 15
Air quality ............................................................................................................................................ 15
Water quality and management ......................................................................................................... 17
Enhancing the sustainability of cities .................................................................................................. 18
International agreements ................................................................................................................... 19
PART II: ENABLING FRAMEWORK: IMPLEMENTATION TOOLS ..................................................................... 20
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4.MARKET BASED INSTRUMENTS AND INVESTMENT ............................................................................ 20
Green taxation and environmentally harmful subsidies ..................................................................... 20
Green Public Procurement .................................................................................................................. 21
Investments: contribution of EU funds ............................................................................................... 21
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5.EFFECTIVE GOVERNANCE AND KNOWLEDGE ........................................................................................... 24
Effective governance within central, regional and local government ................................................. 24
Compliance assurance ......................................................................................................................... 25
Public participation and access to justice ........................................................................................... 27
Access to information, knowledge and evidence ................................................................................ 27
Germany 4
Executive summary
About the Environmental Implementation Review laws. In general there is good implementation of EU
In May 2016, the Commission launched the environmental law and the government follows a Environmental Implementation Review (EIR), a two-year proactive strategy in developing comprehensive cycle of analysis, dialogue and collaboration to improve environmental policies at the national level. The move the implementation of existing EU environmental policy towards a circular economy is characterised by high and legislation 1 . As a first step, the Commission drafted recycling rates, no landfill, high worldwide demand for 28 reports describing the main challenges and German technology and good eco-innovation opportunities on environmental implementation for each performance.
Member State. These reports are meant to stimulate a The following key priorities have been selected by taking positive debate both on shared environmental challenges into account factors such as the importance or the for the EU, as well as on the most effective ways to gravity of the environmental implementation problem in address the key implementation gaps. The reports rely on the light of the impact on the quality of life of the the detailed sectoral implementation reports collected or citizens, the distance to target, the financial implications issued by the Commission under specific environmental of the problem. legislation as well as the 2015 State of the Environment
Report and other reports by the European Environment Main Challenges
Agency. These reports will not replace the specific The three main challenges with regard to instruments to ensure compliance with the EU legal implementation of EU environmental policy and law in obligations. Germany are:
The reports will broadly follow the outline of the 7th Improve air quality (NO x , PM 10 ) which could
Environmental Action Programme 2 and refer to the 2030 contribute considerably to improving citizens' health
Agenda for Sustainable development and related and quality of life.
Sustainable Development Goals (SDGs) 3 to the extent to Address water pollution in particular by nitrates to
which they reflect the existing obligations and policy improve the groundwater quality and the water
objectives of EU environmental law 4 . quality in the Baltic and the North Sea.
The main challenges have been selected by taking into Complete the designation process for Special Areas account factors such as the importance or the gravity of of Conversation and put in place clearly defined the environmental implementation issue in the light of conservation objectives and measures for the site the impact on the quality of life of the citizens, the and provide adequate resources.
distance to target, and financial implications. Main Opportunities
The reports accompany the Communication "The EU
Environmental Implementation Review 2016: Common Germany could perform better on topics where there is challenges and how to combine efforts to deliver better already a good knowledge base and good practices. In results", which identifies challenges that are common to particular Germany could:
several Member States, provides preliminary conclusions Take further steps to reduce environmentally on possible root causes of implementation gaps and harmful subsidies. proposes joint actions to deliver better results. It also Improve cooperation between the different Länder groups in its Annex the actions proposed in each country to better achieve the objectives for the marine report to improve implementation at national level. environment.
General profile Points of Excellence
Germany has a strong set of environmental policies and Where Germany is a leader on environmental
implementation, innovative approaches could be shared 1 Communication "Delivering the benefits of EU environmental policies more widely with other countries. Good examples are:
through a regular Environmental Implementation Review"
( COM/2016/ 316 final ). High recycling rate of municipal waste, no landfill
2 Decision No. 1386/2013/EU of 20 November 2013 on a General Union Advanced approach as regards Green Infrastructure, Environmental Action Programme to 2020 " Living well, within the with a national Green Infrastructure concept
3 United Nations, 2015. The Sustainable Development Goals (planned), a Federal Blue Ecological network
4 This EIR report does not cover climate change, chemicals and energy. Programme (planned) and the Emscher valley
Germany v
restoration project as an example to limit land take rate (30 ha/d) until 2020. The Sustainable Development Strategy with its goal
Part I: Thematic Areas
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1.Turning the EU into a circular, resource-efficient, green and
competitive low-carbon economy
Developing a circular economy and improving Resource Efficiency (VDI ZRE), a competence centre of
resource efficiency the Association of German Engineers working on behalf of the Federal Ministry of the Environment, Nature
The 2015 Circular Economy Package emphasizes the need Safety, Building and Nuclear Safety (BMUB). In March to move towards a lifecycle-driven ‘circular’ economy, 2016, the federal government adopted a successor with a cascading use of resources and residual waste that programme, ProgRess II (2016-2019), which encompasses is close to zero. This can be facilitated by the a total of 123 different resource efficiency measures and development of, and access to, innovative financial aims to decisively contribute to the transition towards a instruments and funding for eco-innovation. circular economy. The waste and circular economy policy
SDG 8 invites countries to promote sustained, inclusive realm remains a focus area but aspects of “sustainable and sustainable economic growth, full and productive building and sustainable urban development” as well as employment and decent work for all. SDG 9 highlights “resource efficiency of information and communications the need to build resilient infrastructure, promote technology (ICT) products” have been taken up in inclusive and sustainable industrialization and foster ProgRess II. This approach to resource efficiency at the innovation. SDG 12 encourages countries to achieve the national level is supported by additional programmes, sustainable management and efficient use of natural measures and actions at regional level.
resources by 2030. The German green tech sector is expected to continue
Measures towards a circular economy developing dynamically in the coming years and the market for environmental technology and resource
Transforming our economies from linear to circular offers efficiency is estimated to be worth EUR 344 billion, of an opportunity to reinvent them and make them more which material efficiency covers EUR 48 billion and waste sustainable and competitive. This will stimulate management and recycling encompasses EUR 17 billion. investments and bring both short and long-term benefits Until 2025 the domestic green tech market is expected to
for the economy, environment and citizens alike 5 . rise up to a volume of EUR 740 billion, while annual
The circular economy concept increasingly permeates growth in the German environmental technology and into Germany's political programmes and objectives. In resource efficiency sector is likely to average 6.6 percent 2002, the Federal Government had already embedded during this period
7 .
the goal to double the German resource productivity There is high demand for German technology and know(how
efficiently the economy uses material resources to how worldwide. German companies have, for example, a produce wealth) by 2020 compared to 1994 in its global market share of 64% in technologies for the sustainable development strategy. automated separation of materials, such as the optical
In 2012 Germany set up its ProgRess programme 6 in and sensor based identification and separation of various order to promote resource efficiency. To reach the aim of plastic fractions in waste. By 2020, annual growth of 15% decupling economic growth from the use of resources it for waste sorting technologies is expected and the waste contains guiding principles and concrete actions. A market is expected to grow at least 3% annually
8 .
coordinated implementation is followed by a national Employment in the environmental goods and services platform (“Nationale Plattform Ressourceneffizienz" sector has increased by 101,680 full-time equivalents
(NaRess)) which includes representatives from the (FTE) in 2007 to 490,558 FTE in 2012 9 .
economy as well as environmental and consumer organisations and trade unions. Information most relevant to SME are provided by the VDI Centre for
7 Federal Ministry for the Environment, Nature Conservation, Building
and Nuclear Safety (BMUB) Germany " GreenTech made in Germany
5 European Commission, 2015. Proposed Circular Economy Package 4.0 " July 2014
6 Federal Ministry for the Environment, Nature Conservation, Building 8 Eco-innovation Observatory : Eco-Innovation scoreboard 2015 and Nuclear Safety (BMUB) Germany: Deutsches 9 Eurostat, Employment in the environmental goods and services sector , Ressourceneffizienzprogramm (ProgRess) February 2012 accessed June 2016
Germany 6
As as regards resource productivity 10 (how efficiently the According to recent research 13 new policy instruments
economy uses material resources to produce wealth) that go beyond the existing legal waste instruments are
Germany (2014) is with 2.17 EUR/kg in the mid-range of still required on all different levels. Such instruments all member states (EU average: 2.09 EUR/kg) due to its could include product design which enables recycling, or export-oriented economy. Figure 1 shows a modest but the support of business models that contribute to waste stable increase in resource productivity since 2003. prevention. The regulatory framework needs
Figure 1: Resource productivity 2003-15 11 strengthening as circular economy policy is not consistent due to too many coexisting schemes that are
designed according to the classical linear system, e.g., concerning the transport of construction and demolition waste to be reused as resources. Unclear and overlapping responsibilities among various federal levels and ministries are another barrier in this context. This also includes the question of the relation and responsibilities of municipalities and private waste companies that are not organised from a long-term circular economy perspective but rather as to short-term market shares and competition.
Eco-Innovation
Figure 2: Eco-Innovation Index 2015 (EU=100) 14
SMEs and resource efficiency
In the Flash 426 Eurobarometer "SMEs, resource efficiency and green markets" it is shown that 54% of
Germany's SMEs have invested up to 5% of their annual turnover in their resource efficiency actions (EU28 average 50%), 31% of them are currently offering green products and services (EU28 average 26%), 62% took measures to save energy (EU28 average 59%), 42% to minimise waste (EU28 average 60%), 32% to save water
(EU28 average 44%), and 45% to save materials (EU28 average 54%). From a circular economy perspective, 38% took measures to recycle by reusing material or waste within the company (EU28 average 40%), 12% to design products that are easier to maintain, repair or reuse
(EU28 average 22%) and 22% were able to sell their scrap material to another company (EU28 average 25%).
According to the Flash 426 Eurobarometer, the resource efficiency actions undertaken allowed the reduction of production costs in 45% of the Germany's SMEs (EU28 average 42%).
The Flash 426 Eurobarometer "SMEs, resource efficiency and green markets" shows that 27% of the SMEs in
Germany have one or more full time employee working in a green job at least some of the time (EU28 average
35%). Germany has an average number of 2.0 full time
green employees per SME (EU28 average 1.7%) 12 . Germany has the fourth highest eco-innovation (EI) performance in the EU according to the 2014-15 Eco
10 Resource productivity is defined as the ratio between gross domestic product (GDP) and domestic material consumption (DMC). legislation, monitoring resource efficiency within the company,
11 Eurostat, Resource productivity , accessed October 2016 promoting and selling green products and services).
12 The Flash 426 Eurobarometer "SMEs, resource efficiency and green 13 Wilts, H., 2016, Nachhaltige Innovationsprozesse in der kommunalen markets" defines "green job" as a job that directly deals with Abfallwirtschaftspolitik – eine vergleichende Analyse zum Transition information, technologies, or materials that preserves or restores Management städtischer Infrastrukturen in deutschen
environmental quality. This requires specialised skills, knowledge, Metropolregionen
training, or experience (e.g. verifying compliance with environmental 14 Eco-innovation Observatory : Eco-Innovation scoreboard 2015
Germany 7
Innovation Scoreboard. recycling is the most common treatment operation and
Germany has 1200 EMAS registered organisations 15 , that recycling, composting and landfilling has remained which makes it the biggest achiever in terms of EMAS in practically the same during the last years.
the EU. Indeed, it represents 30% of the total registration
(3921). Figure 3: Municipal waste by treatment in Germany
Suggested action 2007-14 19
• Further strengthen the existing circular economy policy framework.
Waste management
Turning waste into a resource requires:
− Full implementation of Union waste legislation, which includes the waste hierarchy; the need to ensure separate collection of waste; the landfill diversion targets etc.
− Reducing per capita waste generation and waste generation in absolute terms.
− Limiting energy recovery to non-recyclable materials and phasing out landfilling of recyclable or recoverable waste.
SDG 12 invites countries to substantially reduce waste generation through prevention, reduction, recycling and reuse, by 2030.
The EU's approach to waste management is based on the Germany is among the top performers in the EU with regard to waste management with high recycling of
"waste hierarchy" which sets out an order of priority
when shaping waste policy and managing waste at the municipal solid waste (64%) and very low landfilling
operational level: prevention, (preparing for) reuse, (0.3%). The incineration rate (including energy recovery) stands at 35%.
recycling, recovery and, as the least preferred option,
disposal (which includes landfilling and incineration Figure 4 shows that Germany has already reached the EU
without energy recovery). 2020 recycling target 20 and is well above the EU average
of 44%. The progress towards reaching recycling targets and the
adoption of adequate WMP/WPP 16 should be the key
items to measure the performance of Member States.
This section focuses on management of municipal waste for which EU law sets mandatory recycling targets.
Municipal waste 17 generation has remained practically at
the same level (618 kg/y/inhabitant in 2014, the last year for which data is available) in Germany in the last three years. The figure increased slightly between 2008 and
2010 and remained stable in 2011 and 2012, a rate
higher than the EU average 18 (474 kg/y/inhabitant) as
shown in Figure 3.
Figure 3 depicts the municipal waste by treatment in
Germany in terms of kg per capita, which shows that
15 Eurostat: Organisations and sites with eco-management and audit
scheme (EMAS) registration , 2015
16 Waste Management Plans/Waste Prevention Programmes
17 Municipal waste consists of waste collected by or on behalf of 19 Eurostat, Municipal waste and treatment, by type of treatment
municipal authorities, or directly by the private sector (business or method, accessed October 2016
private non-profit institutions) not on behalf of municipalities. 20 Member States may choose a different method than the one used by 18 In the EIR we are referring to the data MS annually report to ESTAT ESTAT (and referred to in this report) to calculate their recycling rates
on the basis of the Joint Questionnaire which provides for a common and track compliance with the 2020 target of 50% recycling of base line. municipal waste.
Germany 8
In order to meet the proposed future targets (65% Figure 4: Recycling rate of municipal waste 2007-14 21
recycling of municipal waste and between 55% and 85% for packaging waste by 2030) (COM(2015)595 i, 594 i), and to fully implement the waste hierarchy, future efforts should be related to further increasing recycling rates and reducing energy recovery of recyclable waste. In
2005 measures were taken to effectively ban landfilling of waste with a high calorific value. Extended Producer
Responsibility (EPR) systems are in place for different waste streams.
Incentive systems to favour prevention and participation in separate collection (Pay as you through - PAYT) schemes are in place but not across the whole country.
Where they are in place they are highly efficient.
Germany has 16 regional waste management plans, two of them are outdated and currently under review.
Suggested action
• Introduce new economic instruments to implement further the waste hierarchy, i.e. promote prevention, make reuse and recycling more economically attractive, and shift reusable and recyclable waste away from incineration.
• The cost effectiveness of the EPR systems in place should be further analysed and improved if required.
• Complete missing Waste Management Plans in order to cover the whole territory.
21 Eurostat, Recycling rate of municipal waste , accessed October 2016
Germany 9
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2.Protecting, conserving and enhancing natural capital
Figure 5: Sufficiency assessment of SCI networks in
Nature and Biodiversity Germany based on the situation until December 2013 (%) 25
The EU Biodiversity Strategy aims to halt the loss of biodiversity in the EU by 2020, restore ecosystems and their services in so far as feasible, and step up efforts to avert global biodiversity loss. The EU Birds and Habitats
Directives aim at achieving favourable conservation status of protected species and habitats.
SDG 14 requires countries to conserve and sustainably use the oceans, seas and marine resources, while SDG 15 requires countries to protect, restore and promote the sustainable use of terrestrial ecosystems, sustainably manage forests, combat desertification, and halt and reverse land degradation and halt biodiversity loss.
The 1992 EU Habitats Directive and the 1979 Birds
Directive are the cornerstone of the European legislation aimed at the conservation of the EU's wildlife. Natura
2000, the largest coordinated network of protected areas in the world, is the key instrument to achieve and implement the Directives' objectives to ensure the longterm protection, conservation and survival of Europe's most valuable and threatened species and habitats and By the end of 2015, Germany designated 71,9% of the the ecosystems they underpin. sites of community interests as Special Areas of
The adequate designation of protected sites as Special Conservation (SACs) according to Art. 4(4) of the Habitats
Ares of Conservation (SAC) under the Habitats Directive Directive and established conservation objectives as well and as Special Protection Areas (SPA) under the Birds as management measures in order to achieve or maintain Directive is a key milestone towards meeting the a good conservation status according to Art. 6(1) in objectives of the Directives. The results of Habitats 55,1% of the SACs. These failures are now subject to an Directive Article 17 and Birds Directive Article 12 reports infringement procedure.
and the progress towards adequate Sites of Community Nature protection in Germany falls within the
Importance (SCI)-SPA and SAC designation 22 both in land competence of 16 'Länder' and the Exclusive Economic
and at sea, should be the key items to measure the Zone (EEZ) is in the competence of the Federal State.
performance of Member States. According to the latest report on the conservation status
By early 2016, 15.4% of the national land area of of habitats and species covered by the Habitats
Germany is covered by Natura 2000 (EU average 18.1%), Directive 26 , 28% of the habitats' biogeographic
with Birds Directive Special Protection Areas (SPAs)
covering 11.3% (EU average 12.3%) and Habitats species and habitat types on Annexes I and II of the Habitats
Directive SCIs covering 9.4% (EU average 13.8%). Directive, are sufficiently represented by the sites designated to
date. This is expressed as a percentage of species and habitats for
The latest assessment of the Natura 2000 network shows which further areas need to be designated in order to complete the that there are minor insufficiencies in SCIs designation network in that country. A scientific reserve is given when further
for the terrestrial component of the network in a limited research is needed to identify the most appropriate sites to be added
number of Länder 23 as shown in Figure 5 24 . for a species or habitat. The current data , which were assessed in 2014-2015, reflect the situation up until December 2013.
24 The percentages in Figure 5 refer to percentages of the total number
of assessments (one assessment covering 1 species or 1 habitat in a
22 Sites of Community Importance (SCIs) are designated pursuant to the given biographical region with the Member State); if a habitat type or
Habitats Directive whereas Special Areas of Protection (SPAs) are a species occurs in more than 1 Biogeographic region within a given designated pursuant to the Birds Directive; figures of coverage do Member State, there will be as many individual assessments as there not add up due to the fact that some SCIs and SPAs overlap. Special are Biogeographic regions with an occurrence of that species or Areas of Conservation (SACs) means a SCI designated by the Member habitat in this Member State. States. 25 European Commission, internal assessment.
23 For each Member State, the Commission assesses whether the 26 The core of the ‘Article 17’ report is the assessment of conservation
Germany 10
assessments were favourable in 2013 (EU 27: 16 %). On under Article 12 of the Birds Directive 31 , 54% of the
the other hand, 39 % are considered to be unfavourable– breeding species showed short-term increasing or stable
inadequate 27 (EU27: 47%) and 31 % are unfavourable – population trends (for wintering species this figure was
bad (EU27: 30%). As for the species, 25 % of the 30%) as shown in Figure 7. assessments were favourable in 2013 (EU27: 23%) 31 %
at unfavourable-inadequate (EU27: 42%) and 29% Figure 7: Short-term population trend of breeding and unfavourable-bad status (EU27: 18%). This is depicted in wintering bird species in Germany in 2012 (%)
32
Figure 6 28 . Furthermore, 27% and 29.7 % of the
unfavourable assessments respectively for species and habitats were showing a positive trend in 2013.
Main pressures come from agriculture in relation to changes of agricultural practices and intensification. The agricultural sector benefits from various exemptions
from many nature protection regulations 29 .
Figure 6: Conservation status of habitats and species in
Germany in 2007/2013 (%) 30
Suggested action
• Complete the Natura 2000 designation process and put in place clearly defined conservation objectives and the necessary conservation measures for the sites and provide adequate resources for their implementation in order to maintain/restore species and habitats of community interest to a favourable conservation status across their natural range.
• Develop and promote smart and streamlined implementation approaches, in particular as regards site and species permitting procedures, ensuring the necessary knowledge and data availability and strengthen communication with stakeholders.
• Ensure that pressures coming from agriculture are adequately addressed and that this sector fully applies the nature protection law.
According to the official report submitted by Germany Estimating Natural Capital
The EU Biodiversity Strategy to 2020 calls on the Member status of the habitats and species targeted by the Habitats Directive. States to map and asses the state of ecosystems and
27 Conservation status is assessed using a standard methodology as
being either ‘favourable’, ‘unfavourable-inadequate’ and their services in their national territory by 2014, assess
‘unfavourable-bad’, based on four parameters as defined in Article 1 the economic value of such services, and promote the
of the Habitats Directive. integration of these values into accounting and reporting
28 Please note that a direct comparison between 2007 and 2013 data is systems at EU and national level by 2020.
complicated by the fact that Bulgaria and Romania were not covered
by the 2007 reporting cycle, that the ‘unknown’ assessments have Initial valuations have been carried out and tested, e.g. in strongly diminished particularly for species, and that some reported the framework of “Natural Capital Germany – TEEB
changes are not genuine as they result from improved data /
monitoring methods. DE”
33
, the German follow-up project to the international
29 For example activities under "good agricultural land use" and "good farming practice" are exempted from the protection regime of the 31 Article 12 of the Birds Directive requires Member States to report national nature protection law in the 'Länder'. about the progress made with the implementation of the Birds
30 These figures show the percentage of biogeographical assessments in Directive. each category of conservation status for habitats and species (one 32 Article 12 of the Birds Directive reporting - national summary of assessment covering 1 species or 1 habitat in a given biographical Germany
region with the Member State), respectively. The information is 33 Naturkapital Deutschland – TEEB DE (2016): Ökosystemleistungen in
based on Article 17 of the Habitats Directive reporting - national der Stadt - Gesundheit schützen und Lebensqualität erhöhen . Hrsg. summary of Germany von Ingo Kowarik, Robert Bartz und Miriam Brenck. Technische
Germany 11
TEEB study (TEEB – The Economics of Ecosystems and transferred to Länder, the German Federal Biodiversity), which analyses, with the aid of case studies, Environmental Foundation, nature conservation
the interactions between ecosystem services 34 , value organisations or foundations to be conserved in
added by economic activity, and human wellbeing. perpetuity.
A scoping study for a National Assessment of Ecosystems and their Services in Germany (NEA-DE) has been undertaken by an interdisciplinary team. The Ecosystem
Services Partnership Germany (ESP-DE) is an initiative of the scientific community to develop new strategic partnerships between researchers and practitioners to apply the concept of ecosystem services in favour of the protection and sustainable use of natural resources.
The Federal Environment Ministry initiated several research studies and projects in this field (development of nation-wide indicators, physical mapping of Ecosystem
Services, valuation of Cultural Ecosystem Services, integration of Ecosystem Services into the national environmental accounting).
Suggested action
• Engage all administrative levels and continue support for the mapping and assessment of ecosystems and their services, and valuation work and develop natural capital accounting systems.
Green Infrastructure
The EU strategy on green infrastructure 35 promotes the
incorporation of green infrastructure into related plans and programmes to help overcome fragmentation of habitats and preserve or restore ecological connectivity, enhance ecosystem resilience and thereby ensure the continued provision of ecosystem services.
Green Infrastructure provides ecological, economic and social benefits through natural solutions. It helps to understand the value of the benefits that nature provides to human society and to mobilise investments to sustain and enhance them.
A national Green Infrastructure concept will be published in Germany in 2017. All relevant federal nature conservation strategies, objectives and concepts will be brought together in a single document to improve the
integration of nature conservation policy in all federal In 2012, the German government adopted the Federal Defragmentation Programme (Bundesprogramm
activities, e.g., flood protection, federal transport
infrastructure and energy networks. Wiedervernetzung) aimed at maintaining and restoring Green Infrastructure across the national German road
Germany’s National Natural Heritage scheme covers network. The programme aims to reconnect habitat outstanding natural and cultural landscapes of national corridors for flora and fauna focussing primarily on the conservation interest. About 155,000 ha should be existing road network, but also on new planned federal
roads, nature conservation and landscape management as well as integrated spatial planning to facilitate the
Universität Berlin, Helmholtz-Zentrum für Umweltforschung – UFZ.
Berlin, Leipzig. reconnection of a national biotope network.
34 Ecosystem services are benefits provided by nature such as food, In 2009, Germany presented a Status Report on German
clean water and pollination on which human society depends.
35 European Union, Green Infrastructure — Enhancing Europe’s Natural Floodplains, which documented their dramatic decline.
Capital, COM/2013/0249 The German Government is preparing a Federal Blue
Germany 12
Ecological Network Programme (Bundesprogramm pollution has been dramatically reduced. Some of the
Blaues Band Deutschland), which will deal with the buildings of the steel and coal industries have been restoration of rivers and floodplains in Germany. The transformed into cultural centres hosting international Blue Ecological Network was inspired by the European events; there is a long-distance cycle path and a marina. Green Belt initiative. The German stretch of the Green The Emscher development has given rise to over one Belt, previously the border between East and West thousand jobs and has provided the focal point for the
Germany, is part of the national natural heritage and has economic and social renewal of the entire region 37 .
since become a valuable biotope network running through the country.
An important initiative for Green Infrastructure in urban Soil protection
areas started in June 2015 with the “Green in Cities - for The EU Soil Thematic Strategy highlights the need to
a liveable future” conference at which a “green paper 36 ” ensure a sustainable use of soils. This requires the
was presented outlining the importance and multiple prevention of further soil degradation and the functions of urban green infrastructure as well as current preservation of its functions, as well as the restoration of challenges and perspectives related to it. A planned degraded soils. The 2011 Road Map for Resource “white paper” will recommend actions to be taken to Efficient Europe, part of Europe 2020 Strategy provides improve Green Infrastructure in the German urban areas. that by 2020, EU policies take into account their direct
For the future, the main challenges relate to the and indirect impact on land use in the EU and globally, systematic integration of Green Infrastructure in the and the rate of land take is on track with an aim to planning, financing and implementation of development achieve no net land take by 2050.
schemes in both urban and rural areas. SDG 15 requires countries to combat desertification,
restore degraded land and soil, including land affected by desertification, drought and floods, and strive to achieve a land-degradation-neutral world by 2030.
Soil is an important resource for life and the economy. It provides key ecosystem services including the provision of food, fibre and biomass for renewable energy, carbon sequestration, water purification and flood regulation, the provision of raw and building material. Soil is a finite and extremely fragile resource and increasingly degrading in the EU. Land taken by urban development and infrastructure is highly unlikely to be reverted to its natural state; it consumes mostly agricultural land and increases fragmentation of habitats. Soil protection is
Germany is at the forefront of applying innovative green indirectly addressed in existing EU policies in areas such infrastructure solutions to address some of the as agriculture, water, waste, chemicals, and prevention challenges faced by stagnating and shrinking of industrial pollution.
metropolitan regions. The approach recognizes the
potential of city green to improve the urban environment Artificial land cover is used for settlements, production and quality of life, and to counteract decay as residential systems and infrastructure. It may itself be split between and industrial areas decline. The Emscher valley built-up areas (buildings) and non-built-up areas (such as restoration project in the Ruhr area of Germany provides linear transport networks and associated areas). an inspiring example of how ecological restoration can be The annual land take rate (growth of artificial areas) as a driver for renewal in post-industrial landscapes. Over provided by CORINE Land Cover was 0.21% in Germany more than 25 years the towns and cities in the region, over the period 2006-12, below the EU average (0.41%), together with private business, have invested billions of It represented 7224 hectares per year and was mainly EUR in restoring a landscape that was previously the driven by the sprawl of industrial and commercial sites 38 . centre of the coal and steel industries. The focal point for The percentage of built up land in 2009 was 5.06%, as
the restoration work was the river Emscher that for decades had been covered over and used essentially as a
waste canal. The river is now open to the sky and 37 Emschergenossenschaft, 2016. Generationenprojekt Emscher
Umbau . Information in English provided by the Danish Architecture Centre.
36 Bundesministerium für Umwelt, Naturschutz, Bau und 38 European Environment Agency Draft results of CORINE Land Cover
Reaktorsicherheit (BMUB), 2015. Grün in der Stadt −Für eine (CLC) inventory 2012 ; mean annual land take 2006-12 as a % of 2006 lebenswerte Zukunft artificial land.
Germany 13
well above the EU average percentage (3.23%) 39 . that by 2020 the impact of pressures on marine waters is
Figure 8 shows the different land cover types in Germany reduced to achieve or maintain good environmental in 2012. status and coastal zones are managed sustainably.
Figure 8: Land Cover types in Germany 2012 40 SDG 14 requires countries to conserve and sustainably use the oceans, seas and marine resources for
sustainable development.
The Marine Strategy Framework Directive (MSFD) 42 aims to achieve Good Environmental Status (GES) 43 of the EU's
marine waters by 2020 by providing an ecosystem approach to the management of human activities with impact on the marine environment. The Directive requires Member States to develop and implement a marine strategy for their marine waters, and cooperate with Member States sharing the same marine region or sub-region.
As part of their marine strategies, Member States had to make an initial assessment of their marine waters, determine GES and establish environmental targets by July 2012. They also had to establish monitoring programmes for the on-going assessment of their marine waters by July 2014. The next element of their marine strategy was to establish a Programme of Measures (2016). The Commission assesses whether these elements constitute an appropriate framework to meet the requirements of the MSFD.
Despite an ambitious objective on non-indigenous species (aiming at zero introduction of new non
In 2002 the German National Sustainable Development indigenous species) good environmental status and
Strategy set the goal to cut down average daily land take environmental targets are sufficiently specific and figure from 130 hectares of land between 1997 and 2000 quantitatively defined not for all descriptors
44 . It is
to 30 hectares by the year 2020. In 2008 to 2012 the daily therefore too early to say whether German marine soil loss went down to 74 hectares; in 2012 it amounted waters are in a good state as there were weaknesses in
to 69 hectares. identifying what a "good environmental status" is in the first place.
The soil erosion rate in 2010 was with 1.25 tonnes per ha
and per year below EU28 average (2.46 tonnes) 41 . Germany also established a monitoring programme of its marine waters in 2014. However, it seems that its
There are still not EU-wide datasets enabling the monitoring programme needs further refinement and provision of benchmark indicators for soil organic matter development to constitute an appropriate framework to decline, contaminated sites, pressures on soil biology and monitor progress towards Good Environmental Status. diffuse pollution. Many descriptors are expected to be adequately
An updated inventory and assessment of soil protection addressed by the national monitoring programmes only policy instruments in Germany and other EU Member by 2018
45 .
States is being performed by the EU Expert Group on Soil
Protection. 42
European Union, Marine Strategy Framework Directive 2008/56/EC
43 The MSFD Directive defines Good Environmental Status (GES) in
Article 3 as: “The environmental status of marine waters where these
Marine protection provide ecologically diverse and dynamic oceans and seas which are
clean, healthy and productive”
The EU Coastal and Marine Policy and legislation require 44 Report from the Commission "The first phase of implementation of
the Marine Strategy Framework Directive (2008/56/EC) - The European Commission's assessment and guidance" COM(2014)097
39 European Environment Agency, 2016. Imperviousvalenvness and and COM(2014)097 final i imperviousness change 45 . Commission Staff Working Document Accompanying the
40 European Environment Agency, Land cover 2006 and changes country Commission Report assessing Member States' monitoring
analysis [publication forthcoming] programmes under the Marine Strategy Framework Directive
41 Eurostat, Soil water erosion rate , Figure 2, accessed November 2016 (COM(2017)3 i and SWD(2017)1 final)
Germany 14
German marine protected areas covered 25,670 square kilometres of its marine waters, with 7969.1 square kilometres in the Baltic Sea and 17,701.2 square
kilometres in the North Sea 46 .
Suggested action
• Continue work to improve the definitions of GES in particular for biodiversity descriptors, including through regional cooperation by using the work of the relevant Regional Sea Conventions.
• Address knowledge gaps.
• Further develop approaches assessing (and quantifying) impacts from the main pressures in order
to lead to improved and more conclusive assessment results for 2018 reporting.
• Continue to integrate existing monitoring programmes required under other EU legislation and to implement joint monitoring programmes developed at (sub) regional level, for instance by the Convention for the Protection of the Marine Environment of the North East Atlantic (OSPAR) and Convention on the Protection of the Marine Environment of the Baltic Sea Area (HELCOM).
• Continue and to enhance comparability and consistency of monitoring methods within its marine
(sub-) regions. • Enhance the cohesion between approaches in the
Member State's two marine regions. • Ensure that all of the monitoring programme is
implemented without delay, and is appropriate to monitor progress towards its GES.
46 2012 Data provided by the European Environmental Agency to the
European Commission– Not published
Germany 15
-
3.Ensuring citizens' health and quality of life
Air quality emission ceilings 49 . Despite emissions reductions were
recorded for nitrogen oxides (-58%), volatile organic
The EU Clean Air Policy and legislation require that air compounds (-69%) and ammonia (-7%), total emissions
quality in the Union is significantly improved, moving
closer to the WHO recommended levels. Air pollution for these pollutants are above current ceilings. It should be noted that the exceedance of the volatile organic
and its impacts on ecosystems and biodiversity should be compounds ceiling is largely the result from the recent
further reduced with the long-term aim of not exceeding
critical loads and levels. This requires strengthening addition of volatile organic compounds emissions from agriculture to the emission inventories while the
efforts to reach full compliance with Union air quality exceedance of the ammonia emission ceiling partly
legislation and defining strategic targets and actions
beyond 2020. results from the reporting of new sources of emissions which were not estimated or considered at the time
The EU has developed a comprehensive suite of air when the emission ceilings were set. The exceedance of quality legislation 47 , which establishes health-based the nitrogen oxides emission ceiling is partly due to the standards and objectives for a number of air pollutants. actual driving emissions of these pollutants from diesel
Figure 9: Attainment situation for PM 10 , NO 2 and O 3 in 2014
As part of this, Member States are also required to vehicles. ensure that up-to-date information on ambient
concentrations of different air pollutants is routinely Despite these reductions in the emissions of air made available to the public. In addition, the National pollutants, air quality in Germany continues to give cause Emission Ceilings Directive provides for emission for concern. For the year 2013, the European reductions at national level that should be achieved for Environment Agency estimated that about 73 400
main pollutants. premature deaths were attributable to fine particulate matter 50 concentrations, 2 500 to ozone 51 concentration
The emission of several air pollutants has decreased
significantly in Germany 48 . Reductions between 1990 and 49 The current national emission ceilings apply since 2010 ( Directive
2014 for sulphur oxides (-93%) ensure air emissions for 2001/81/EC ); revised ceilings for 2020 and 2030 have been set by
this pollutant to be within currently applicable national Directive (EU) 2016/2284 on the reduction of national emissions of
certain atmospheric pollutants, amending Directive 2003/35/EC i and repealing Directive 2001/81/EC i.
47 European Commission, 2016. Air Quality Standards 50 Particulate matter (PM) is a mixture of aerosol particles (solid and
48 See EIONET Central Data Repository and Air pollutant emissions data liquid) covering a wide range of sizes and chemical compositions. viewer (NEC Directive) PM10 (PM2.5) refers to particles with a diameter of 10 (2.5)
Germany 16
and over 10 610 to nitrogen dioxide 52 concentrations 53 . Suggested action
This is due also to exceedances above the EU air quality
standards such as shown in Figure 9 54 . • Maintain downward emissions trends of air pollutants in order to achieve full compliance with currently
For 2014, exceedances above the EU air quality standards applicable national emission ceilings and air quality have been registered related to nitrogen dioxide (NO 2 ) in limit values - and reduce adverse air pollution impacts 34 air quality zones. Exceedances have also been on health, environment and economy. registered related particulate matter (PM 10 ) in eight air • Reduce ammonia (NH 3 ) emissions to comply with quality zones. Furthermore, the target values regarding currently applicable national emission ceilings 57 , for ozone concentrations are not being met in several air example by introducing or expanding the use of lowquality
zones 55 . emission agricultural techniques.
The persistent breaches of air quality requirements (for • Reduce NMVOCs emissions to comply with currently
PM applicable national emission ceilings
58 (and to reduce 10 and NO 2 ), which have severe negative effects on
health and environment, are being followed up by the ozone concentrations).
European Commission through infringement procedures • Reduce nitrogen oxide (NO x ) emissions to comply with covering all the Member States concerned, including currently applicable national emission ceilings 59 and/or
Germany. The aim is that adequate measures are put in to reduce nitrogen dioxide (NO 2 ) (and ozone place to bring all zones into compliance. concentrations), inter alia, by reducing transport
related emissions - in particular in urban areas.
• Reduce PM 10 emission and concentration, inter alia, by
reducing emissions related to energy and heat generation using solid fuels, to transport and to agriculture.
Noise
The Environmental Noise Directive provides for a common approach for the avoidance, prevention and reduction of harmful effects due to exposure to environmental noise.
Excessive noise is one of the main causes of health
It has been estimated that the health-related external issues 60 . To alleviate this, the EU acquis sets out several
costs from air pollution in Germany are above EUR 58 requirements, including assessing the exposure to billion/year (income adjusted, 2010), which include not environmental noise through noise mapping, ensuring only the intrinsic value of living a full health life but also that information on environmental noise and its effects is direct costs to the economy. These direct economic costs made available to the public, and adopting action plans relate to 27 million workdays lost each year due to with a view to preventing and reducing environmental sickness related to air pollution, with associated costs for noise where necessary and to preserving the acoustic employers of EUR 3 500 million/year (income adjusted, environment quality where it is good.
2010), for healthcare of above EUR 240 – 466
million/year (income adjusted, 2010), and for agriculture Germany's implementation of the Environmental Noise
(crop losses) of EUR 715 million/year (2010) 56 . Directive
61 is significantly delayed. The noise mapping for
the most recent reporting round, for the reference year
micrometres or less. PM is emitted from many anthropogenic Commission Integrated Clean Air Package (2013)
sources, including combustion, and is formed from gaseous 57 Under the provisions of the revised National Emission Ceilings
pollutants in the air (secondary PM). Directive Member States now may apply for emission inventory
51 Low ground-level ozone is produced by photochemical action on air adjustments. Pending evaluation of any adjustment application,
pollutants and is also a greenhouse gas. Member States should keep emissions under close control with a
52 NOx is emitted during fuel combustion e.g. from industrial facilities view to further reductions. and the road transport sector. NOx is a group of gases comprising 58 Ibid.
nitrogen monoxide (NO) and nitrogen dioxide (NO2). 59 Ibid. 53 European Environment Agency, 2016. Air Quality in Europe – 2016 60 WHO/JRC, 2011, Burden of disease from environmental noise,
Report . (Table 10.2, please see details in this report as regards the Fritschi, L., Brown, A.L., Kim, R., Schwela, D., Kephalopoulos, S. (eds), underpinning methodology) World Health Organization, Regional Office for Europe , Copenhagen,
54 Based on European Environment Agency, 2016. Air Quality in Europe Denmark
– 2016 Report (Figures 4.1, 5.1 and 6.1) 61 The Noise Directive requires Member States to prepare and publish, 55 See The EEA/Eionet Air Quality Portal and the related Central Data every 5 years, noise maps and noise management action plans for
Repository agglomerations with more than 100,000 inhabitants, and for major
56 These figures are based on the Impact Assessment for the European roads, railways and airports.
Germany 17
2011, is mostly complete. However, action plans for noise transitional, 74 coastal and 989 groundwater bodies. management in the current period have not been Only 16% of natural surface water bodies achieve a good
adopted for many of the agglomerations, airports, major or high ecological status 63 and 5% of heavily modified or roads and major railways within the scope of the artificial water bodies 64 achieve a good or high ecological
Directive. The Commission contacted the German potential. 86% of surface water bodies, 90% of heavily authorities with regard to the missing action plans, and modified and artificial water bodies and 63% of
continues to follow up on the situation. groundwater bodies achieve good chemical status 65 . 96%
Suggested action of groundwater bodies are in good quantitative status.
• Complete the action plans for noise management. The main pressure on German waters is flow regulation and hydromorphological alteration that affect 79% of
surface water bodies closely followed by diffuse sources
Water quality and management of pollution that affect 75% of water. Point sources affect
28% of water bodies. There are significant regional
The EU water policy and legislation require that the differences pressures, e.g. point sources affect 79% of impact of pressures on transitional, coastal and fresh water bodies in Meuse river basin district or abstraction waters (including surface and ground waters) is is also an important pressure in the Danube river basin significantly reduced to achieve, maintain or enhance district.
good status of water bodies, as defined by the Water
Framework Directive; that citizens throughout the Union In the German RBMPs a number of exemptions have benefit from high standards for safe drinking and bathing been applied. Apportionment of pressures per economic water; and that the nutrient cycle (nitrogen and sectors is not completely transparent and measures for phosphorus) is managed in a more sustainable and diffuse pollution
66 are insufficient. The Programmes of
resource-efficient way. Measures are expected to result in 9% improvement of
the global status and 11% improvement of the ecological
SDG 6 encourages countries to ensure availability and status of natural surface water bodies. The chemical sustainable management of water and sanitation for all. status of natural surface water bodies should improve by
The main overall objective of EU water policy and 3% and groundwater
67
by 5% while the quantitative
legislation is to ensure access to good quality water in status of ground water is not expected to change.
sufficient quantity for all Europeans. The EU water As regards drinking water, Germany reaches very high
acquis 62 seeks to ensure good status of all water bodies compliance rates of 99-100% for microbiological,
across Europe by addressing pollution sources (from e.g. chemical and indicator parameters laid down in the agriculture, urban areas and industrial activities), physical Drinking Water Directive 68 .
and hydrological modifications to water bodies) and the
management of risks of flooding. As shown in Figure 10 in 2015, in Germany out of 2292
bathing waters, 90.3 % were of excellent quality, 6.3 % of
River Basin Management Plans (RBMPs) are a good quality, 1.2 % of sufficient quality. 5 bathing waters requirement of the Water Framework Directive and a were of poor quality or non-compliant while it was not means of achieving the protection, improvement and possible to assess the remaining 44 bathing waters 69 . It is sustainable use of the water environment across Europe. shown that Germany's bathing waters have a stable good This includes surface freshwaters such as lakes and rivers, quality over the years.
groundwater, estuaries and coastal waters up to one
nautical mile. 63 Good ecological status is defined in the Water Framework Directive
Germany has provided information to the Commission referring to the quality of the biological community, the hydrological characteristics and the chemical characteristics.
from its second generation of RBMPs. However, as the 64 Many European river basins and waters have been altered by human
Commission has not yet been able to validate this activities, such as land drainage, flood protection, and, building of
information for all Member States, it is not reported dams to create reservoirs. 65
here. Good chemical status is defined in the Water Framework Directive referring to the quality standards established for chemical
In its first generation of RBMPs under the WFD Germany substances at European level. 66
reported the status of 9072 rivers, 712 lakes, 5 Diffuse pollution comes from widespread activities with no one discrete source.
67 For groundwater, a precautionary approach has been taken that
comprises a prohibition on direct discharges to groundwater, and a
62 This includes the Bathing Waters Directive (2006/7/EC); the Urban requirement to monitor groundwater bodies.
Waste Water Treatment Directive (91/271/EEC) concerning 68 Commission's Synthesis Report on the Quality of Drinking Water in
discharges of municipal and some industrial waste waters; the the Union examining Member States' reports for the 2011-2013 Drinking Water Directive (98/83/EC) concerning potable water period, foreseen under Article 13(5) of Directive 98/83/EC i; quality; the Water Framework Directive (2000/60/EC) concerning COM(2016)666 i water resources management; the Nitrates Directive (91/676/EEC) 69 European Environment Agency, 2016. European bathing water quality and the Floods Directive (2007/60/EC) in 2015 , p. 26
Germany 18
Water pollution by nitrates in Germany is a serious flooding incidents with serious economic damage costs. concern. There is significant evidence (e.g. last report on Records of flooding from rivers are the most common
the implementation of the Nitrates Directive 70 and other with some 162 significant flood events being recorded recent German reports 71 ) of acute problems in between 2000 and 2011. For the 11 major floods
groundwater and eutrophication problems, including in recorded between 2002 and 2013, the total direct costs the Baltic and North Sea. were EUR 34 billion. The average cost per flood was
Figure 10: Bathing water quality 2012 – 2015 72 EUR 3.1 billion
75 .Some Bundesländer have included
investments for the management and prevention of floods by using green infrastructure measures in the regional programmes supported by the EU structural funds.
Suggested action
• Refine the analysis of pressures of the water environment to understand better which pressures prevent the achievement of good status and in which sectors measures are needed.
• Plan more effective Programmes of Measures and ensure sufficient funding for the measures. More effective measures to tackle diffuse pollution from agriculture are necessary.
• Enhance implementation of the nitrates directive in a way which addresses the current serious water pollution, especially in intensive agricultural areas.
Implementation of the nitrates directive has been mostly
managed at federal level, with limited results especially Enhancing the sustainability of cities
for the areas with high surplus and livestock density, The EU Policy on the urban environment encourages
which have continued to show deteriorating trends 70 . cities to implement policies for sustainable urban
Control measures have been of low effectiveness, also planning and design, including innovative approaches for due to difficulty for the authorities in accessing key urban public transport and mobility, sustainable agricultural data because of legal barriers. buildings, energy efficiency and urban biodiversity
Germany demonstrates very high compliance rates with conservation.
the Urban Water Treatment Directive, with 100% of its SDG11 aims at making cities and human settlements waste water load collected and 99.9% of that load being inclusive, safe, resilient and sustainable.
subject to secondary treatment. In 2012, total nitrogen
was reduced by 82% and total phosphorus by 90%, which Europe is a Union of cities and towns; around 75% of the means that Germany also fully complies with the EU population are living in urban areas.
76
The urban
requirements of Article 5(4) of the Directive on more environment poses particular challenges for the stringent treatment 73 . environment and human health, whilst also providing
opportunities and efficiency gains in the use of resources. Flood risk areas have already been identified and
mapped in Germany 74 . Germany is hit regularly by The Member States, European institutions, cities and
stakeholders have prepared a new Urban Agenda for the
70 Report on the implementation of Council Directive 91/676/EEC EU (incorporating the Smart Cities initiative) to tackle
concerning the protection of waters against pollution caused by these issues in a comprehensive way, including their
nitrates from agricultural sources based on Member State reports for connections with social and economic challenges. At the
71 heart of this Urban Agenda will be the development of E.g. Report from the German Advisory Council for the Environment
(SRU), 2015 . Stickstoff: Lösungsstrategien für ein drängendes twelve partnerships on the identified urban challenges,
Umweltproblem and Report from the Federal Environment Agency, including air quality and housing
77 .
2015. Umweltbelastende Stoffeinträge aus der Landwirtschaft .
72 European Environment Agency, State of bathing water , 2016 The European Commission will launch a new EU
73 Eighth Report on the Implementation Status and the Programmes for
Implementation (as required by Article 17) of Council Directive 91/271/EEC i concerning urban waste water treatment (COM 75 RPA, 2014. Study on Economic and Social Benefits of Environmental (2016)105 final) and Commission Staff Working Document Protection and Resource Efficiency Related to the European accompanying the report (SWD(2016)45 final ). Semester , study for the European Commission.
74 Commission Staff Working Document, 2015. Report on the progress 76 European Environment Agency, Urban environment in implementation of the Floods Directive , page 35 77 http://urbanagendaforthe.eu/
Germany 19
benchmark system in 2017 78 . change.
The EU stimulates green cities through awards and funding, such as the EU Green Capital Award aimed at
cities with more than 100,000 inhabitants and the EU International agreements
Green Leaf initiative aimed at cities and towns, with The EU Treaties require that the Union policy on the between 20,000 and 100,000 inhabitants. environment promotes measures at the international
Several Bundesländer foresee environment related level to deal with regional or worldwide environmental investments under sustainable urban development problems.
measures (green infrastructures in the building sector, Most environmental problems have a transboundary sustainable transport, rehabilitation of brownfields) nature and often a global scope and they can only be within their regional programmes. addressed effectively through international co-operation.
The “Sensible water use in Frankfurt am Main” project International environmental agreements concluded by was developed in 1990. The aim was to remove the link the Union are binding upon the institutions of the Union between water consumption and population and and on its Member States. This requires the EU and the economic growth. The water-saving campaign that Member States to sign, ratify and effectively implement became known as the “Frankfurt Way” relied on citizens all relevant multilateral environmental agreements understanding the need to use water sensibly. The (MEAs) in a timely manner. This will also be an important measures were designed to encourage a sensible contribution towards the achievement of the SDGs, approach to water and to publicise the opportunities for which Member States committed to in 2015 and include upgrading water-saving devices in the home. The aim of many commitments contained already in legally binding the campaign – to reduce water consumption by 20% by agreements.
2000 – was achieved in via initiatives such as: 100% of The fact that some Member States did not sign and/or the water consumed by business and private customers is ratify a number of MEAs compromises environmental metered and the quality is checked. The water lost from implementation, including within the Union, as well as leaking pipes is roughly 3.3% of the amount distributed. the Union’s credibility in related negotiations and There has been a steady decrease in leakages in the international meetings where supporting the water network over a number of years. participation of third countries to such agreements is an
German cities were awarded twice the European Green established EU policy objective. In agreements where
Capital, Hamburg in 2011 and Essen in 2017. voting takes place it has a direct impact on the number of votes to be cast by the EU.
Hamburg combined comprehensive approaches, policy -
commitment and the necessary funding needed to Germany is performing as one of the best in the EU with resolve the numerous metropolitan challenges. On the regard to signing and ratifying such international whole, it has an integrated and participative planning agreements.
strategy, a strong commitment towards a “green” vision and structured monitoring with respect to climate change.
Essen is making big efforts to establish itself as a ‘City in transformation’ that is overcoming a challenging industrial history to reinvent itself as a ‘Green City’. The
City credits its citizens and their ability to change as key to this success, which is visible through an specific application tag line “ESSENtials – changing the way we act”. It has built green and blue corridors within the city and is investing in green infrastructure. In addition, the city of Essen has implemented a range of practices to protect and enhance nature and biodiversity. Future plans focus not only on the greening of the city but also on the promotion of biodiversity in new green areas and in particular on species which are resilient to climate
78 The Commission is developing an Urban Benchmarking and
Monitoring ('UBaM') tool to be launched in 2017. Best practices emerge and these will be better disseminated via the app featuring the UBaM tool, and increasingly via e.g. EUROCITIES, ICLEI, CEMR, Committee of the Regions, Covenant of Mayors and others.
Germany 20
Part II: Enabling Framework: Implementation Tools
-
4.Market based instruments and investment
Green taxation and environmentally harmful revenues by 2030. subsidies Figure 11: Environmental tax revenues as a share of total
The Circular Economy Action Plan encourages the use of revenues from taxes and social contributions (excluding financial incentives and economic instruments, such as imputed social contributions) in 2014
82
taxation to ensure that product prices better reflect environmental costs. The phasing out of environmentally harmful subsidies is monitored in the context of the
European Semester and in national reform programmes submitted by Member States.
Taxing pollution and resource use can generate increased revenue and brings important social and environmental benefits.
Environmental tax revenue amounted to 2% of
Germany’s GDP in 2014 (EU28 average: 2.46%), representing an 11-year low for Germany, having fallen from 2.6% in 2003. Considering total environmental taxation revenue as a proportion of GDP, in 2014
Germany ranked 22nd in the EU28. The level of environmental taxes compared to total taxes and social contributions is relatively low (5.24 % in Germany in 2014 vs 6.35 % in the EU28) as shown in Figure 11.
An issue of concern is the flat-rate taxation of privately used company cars, which was estimated to total a
subsidy of EUR 5,167 million in 2012 79 .
A 2016 study suggests that there is considerable potential for shifting taxes from labour to environmental
taxes 80 . Under a good practice scenario 81 these could
generate an additional generate an additional
EUR 19,316 million in 2018, rising to EUR 41,607 million in 2030. This would be equivalent to 0.61% and 1.04% of
GDP in 2018 and 2030, respectively. The largest potential
source of revenue would come from suggested increase Germany introduced an ecological tax reform program
in vehicle taxes generating EUR 25,422 million of over the years 1999 to 2003, where rates of petrol and diesel taxation were increased. At the same time
electricity taxation was reintroduced. The introduction, in 79 Harding M. 2014. Personal Tax Treatment of Company Cars and 2005, of the German ‘Lkw-Maut’, a distance-based road
Commuting Expenses – Estimating the Fiscal and Environmental pricing scheme for heavy-goods vehicles on motorways,
Costs. OECD Taxation Working Papers, No. 20, p.27
80 Eunomia Research and Consulting, IEEP, Aarhus University, ENT, was agreed under the same government, but was
2016. Study on Assessing the Environmental Fiscal Reform Potential technically not part of the tax reform. In 2006 taxes were
for the EU28. N.B. National governments are responsible for setting introduced on coal with the implementation of the EU’s tax rates within the EU Single Market rules and this report is not Energy Taxation Directive.
suggesting concrete changes as to the level of environmental
taxation. It merely presents the findings of the 2016 study by Additional steps on market-based instruments generating
Eunomia et al on the potential benefits various environmental taxes fiscal revenues included the 2009 restructuring of vehicle
could bring. It is then for the national authorities to assess this study
and their concrete impacts in the national context. A first step in this taxation on the basis, at least in part, of CO 2 emission
respect, already done by a number of Member States, is to set up performance, and the introduction, in 2011, of an expert groups to assess these and make specific proposals. aviation tax and a tax on nuclear fuels.
81 The good practice scenario means benchmarking to a successful taxation practice in another Member State.
82 Eurostat, Environmental tax revenues , accessed October 2016
Germany 21
In recent years, no measures have been taken to broaden procurement 86 . The Commission has proposed EU GPP the tax base by reducing environmentally harmful tax criteria 87 .
expenditure, such as energy tax reductions and
exemptions or the favourable taxation of company cars. Guidelines
88 , criteria lists and vendor questionnaires for
numerous products and services (heat supply, office A government coalition treaty establishes that Lkw-Maut, equipment, furniture, consumer electronics, cleaning and the road-pricing scheme, should be extended to other hygiene) were elaborated.
federal roads. In addition, the Federal Government committed itself
In terms of progress in the environmentally harmful within the German Strategy for Sustainable
subsidies (EHS) reform, Germany has begun the process Development 89 to translating sustainability into concrete
of phasing-out its hard-coal mining subsidies by 2018. To administrative actions by improving sustainable progress further in this line of action, following a reform procurement. of the eco-tax legislation in 2012, energy intensive
industries that are partly or fully exempted from the tax According to a 2010 study, the share of German on electricity consumption, are obliged to introduce an authorities that included GPP requirements in between
energy audit system or to make use of energy audits. 50% and 100% of their contracts was estimated between 10 and 20% 90 .
According to a study 83 published by the German
environment agency (UBA) in 2014, the level of EHS According to a 2011 survey, German authorities included reached EUR 52 billion, of which EUR 24 billion in the at least one of the EU core green criteria in 60% of the area of transport followed by EUR 21.6 billion in the area GPP-relevant contracts, and 31% of the contracts of energy. included all the relevant EU core green criteria
91 .
Green Public Procurement Investments: contribution of EU funds
The EU green public procurement policies encourage European Structural and Investment Funds Regulations
Member States to take further steps to reach the target provide that Member States promote environment and of applying green procurement criteria to at least 50% of climate objectives in their funding strategies and public tenders. programmes for economic, social and territorial Green Public Procurement (GPP) is a process whereby cohesion, rural development and maritime policy, and public authorities seek to procure goods, services and reinforce the capacity of implementing bodies to deliver works with a reduced environmental impact throughout cost-effective and sustainable investments in these areas.
their life-cycle when compared to goods, services and Making good use of the European Structural and
works with the same primary function that would Investment Funds (ESIF) 92 is essential to achieve the
otherwise be procured. environmental goals and integrate these into other policy
The purchasing power of public procurement equals to areas. Other instruments such as the Horizon 2020, the approximately 14% of GDP 84 . A substantial part of this LIFE programme and European Fund for Strategic money is spent on sectors with high environmental Investment
93 (EFSI) may also support implementation
impact such as construction or transport, so GPP can help and spread off best practice.
to significantly lower the impact of public spending and 86
foster sustainable innovative businesses. European Commission, 2015. Documentation on National GPP Action Plans
A national strategy on Green Public Procurement (GPP) is 87 In the Communication “Public procurement for a better environment”
included in the German Integrated energy and climate (COM /2008/400) the Commission recommended the creation of a process for setting common GPP criteria. The basic concept of GPP
protection programme 85 which establishes mandatory relies on having clear, verifiable, justifiable and ambitious
targets for all authorities at federal level to use life-cycle environmental criteria for products and services, based on a life-cycle
costing in their procurement procedures to ensure approach and scientific evidence base. 88
energy-efficient and environment-friendly public Umweltbundesamt, Product recommendations for green procurement for contracting authorities .
89 German government “ Perspectives for Germany – Our Strategy for Sustainable Development ”, 2002
90 Adelphi et al, 2011. Strategic Use of Public Procurement in Europe,
report for the European Commission .
91 CEPS, 2012. Monitoring the Uptake of GPP in the EU27 83 Umweltbundesamt, Aktualisierte Ausgabe 2014. Umweltschädliche 92 ESIF comprises five funds – the European Regional Development
Subventionen in Deutschland , Dessau-Roßlau. Funds (ERDF), the Cohesion Fund (CF), the European Social Fund
84 European Commission, 2015. P ublic procurement (ESF), the European Agricultural Fund for Rural Development
85 Bundesministerium für Umwelt, Naturschutz, Bau und (EAFRD), and the European Maritime and Fisheries Fund (EMFF). The
Reaktorsicherheit, Das Integrierte Energie- und ERDF, the CF and the ESF together form the Cohesion Policy funds.
Klimaschutzprogramm (IEKP) from 2008, revised in 2012 and 2013. 93 EIB: European Fund for Strategic Investments
Germany 22
Germany benefits, through 47 national and regional provisions, 30 % of which (7,28 m) being allocated to programmes, from European Structural and Investment greening practices beneficial for the environment. An Funds (ESIF) funding of EUR 27.9 billion over the period environmentally ambitious implementation of 1st pillar
2014-2020 94 . greening would clearly help to improve the
EUR 10,773.8 million (38.6%) is coming from the environmental situation in areas not covered by rural
European Fund for Regional Development (ERDF), EUR development, including intensive areas, and if 9445.9 million (33.8%) from the European Agricultural appropriate Germany could review its implementation of Fund for Rural Development (EAFRD), EUR 219.6 million this.
(0.8%) from the European Maritime and Fisheries Fund Figure 12 depicts the 2014-2020 EU Structural and
(EMFF) and EUR 7495.6 million (26.8%) from the Investment Funds budget allocation for Germany.
European Social Fund (ESF). Figure 12: EU Structural & Investment Funds 2014-2020:
In total, EUR 3037.7 million are dedicated to the Budget Germany by theme, EUR billion 95
Thematic objective (TO) Environment Protection and
Resource efficiency, EUR 2268.6 million through the different EAFRD programmes, EUR 655.8 million through the ERDF programmes and EUR 113.3 million through the
EMFF programme. In addition, EUR 2920.95 m is foreseen for TO Low Carbon Economy and
EUR 2714.5 million for TO Climate Change Adoption and
Risk Prevention.
With regard to the integration of environmental concerns into the Common Agricultural Policy (CAP), the two key areas for Germany (as for all Member States) are, first, using Rural Development funds to pay for environmental land management and other environmental measures, while avoiding financing measures which could damage the environment; and secondly, ensuring an effective implementation of the first pillar of the CAP with regard to cross compliance and 1st pillar 'greening'.
The approved National Rural Development Program
(EARDF) amounts overall to EUR 9383.8 million. The It is too early to draw conclusions as regards the use and planned spending on the ecosystem priority, priority 4 is results of ESIF for the period 2014-2020, as the relevant EUR 4533 million, which represents 48.7% of the total programmes are still in an early stage of their budget, and EUR 1963 million, 21.1% of the total budget implementation. However, concrete results are expected is dedicated to agri-environment-climate measures. In to be achieved with ERDF support in Germany 2014-20, general the German EARDFs present some good such as a decrease of annual primary energy measures and the link with environmental policies is well consumption of public buildings of more than 233 million underpinned. Some area such as the North West of KWh/year, and the creation or rehabilitation of more Germany have serious environmental problem such as than 5 million square meters of open space in urban water pollution, and the measures in place will not be areas.
sufficient to solve the problems, in the absence of the
revision of the baseline, i.e. the Nitrates Directive. The In addition, the Renewable energy finance guarantee, a figures at national level hide disparities. Two Länder are risk–sharing facility for loans to renewable energy above 60 % for priority 4 (Bavaria, Baden Wurttemberg) projects in Germany and France is under assessment but one is below 40% (Saxony). Two Länder have a very under the European Funds for Strategic Investments low budget for agri-environment measures (Brandenburg (EFSI)
96 . Under the same umbrella agreements with an
and Hessen are below 10%) while Bavaria and Baden intermediary bank have been signed for SME financing
Wurttemberg put a high effort on the environment: they provided by European Investment Fund (EIF) amounting allocate an amount above 30 % of their budget to agrito EUR 203 million. environment measures. In February 2015, Germany announced that it will
The Direct Payment envelope of Germany for the period
2015-2020 is EUR 24,254 million, according to common
95 European Commission, European Structural and Investment Funds 94 European Commission : European Structural and Investment Funds Data By Country
Country Data for Germany 96 European Commission Country factsheets - Investment Plan
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contribute EUR 8 billion 97 n to the Investment Plan for
Europe through the KfW Bankengruppe (German banking group).
The Integrated LIFE Project Living River Lahn
(EUR 15.7 million) 98 will contribute to the
implementation of the Water Framework Directive in order to achieve a "good ecological status" of surface waters in the catchment area of the Lahn River in the
German Laender Hessen and Rhineland-Palatinate. In addition to the LIFE funding itself, the project will facilitate the coordinated use of around EUR 28 million in complementary funding from the European Agricultural
Fund for Rural Development and national funds.
97 European commission, 2015: Investment Plan for Europe: EFSI ready
98 LIFE Programme: Integrated LIFE projects , February 2016
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-
5.Effective governance and knowledge
SDG 16 aims at providing access to justice and building and the governance of the enforcement process. effective, accountable and inclusive institutions at all levels. SDG 17 aims at better implementation, improving
policy coordination and policy coherence, stimulating Capacity to implement rules
science, technology and innovation, establishing
partnerships and developing measurements of progress. It is crucial that central, regional and local administrations have the necessary capacities and skills
Effective governance of EU environmental legislation and and training to carry out their own tasks and co-operate policies requires having an appropriate institutional and co-ordinate effectively with each other, within a framework, policy coherence and coordination, applying system of multi-level governance. The given assessment legal and non-legal instruments, engaging with nonis only preliminary since the Commission has work governmental stakeholders, and having adequate levels ongoing to improve the country-specific knowledge
of knowledge and skills 99 . Successful implementation about the quality and functioning of their administrative
depends, to a large extent, on central, regional and local system.
government fulfilling key legislative and administrative
tasks, notably adoption of sound implementing The 2013 European Quality of Government Index puts legislation, co-ordinated action to meet environmental Germany ninth place out of the 28 Member States
100 .
objectives and correct decision-making on matters such Germany is one of the Member States that increased its as industrial permits. Beyond fulfilment of these tasks, budgetary expenditure on the environment, in resource government must intervene to ensure day-to-day efficiency and in green growth areas, alongside compliance by economic operators, utilities and budgetary increases in non-environmental areas. individuals ("compliance assurance"). Civil society also Spending by the BMU almost doubled from 2008-2012 has a role to play, including through legal action. To (from EUR 847,000 to EUR 1.6 million).
underpin the roles of all actors, it is crucial to collect and share knowledge and evidence on the state of the environment and on environmental pressures, drivers and impacts.
Equally, effective governance of EU environmental legislation and policies benefits from a dialogue within
Member States and between Member States and the
Commission on whether the current EU environmental legislation is fit for purpose. Legislation can only be properly implemented when it takes into account experiences at Member State level with putting EU commitments into effect. The Make it Work initiative, a
Member State driven project, established in 2014,
organizes a discussion on how the clarity, coherence and The transposition of the revised EIA Directive 101 will be an
structure of EU environmental legislation can be opportunity to streamline the regulatory framework on improved, without lowering existing protection environmental assessments. The Commission encourages standards. the streamlining of the environmental assessments
because this approach reduces duplication and avoids unnecessary overlaps in environmental assessments
Effective governance within central, regional applicable for a particular project. Moreover,
and local government streamlining helps reducing unnecessary administrative burden and accelerates decision-making, without
Those involved in implementing environment legislation compromising the quality of the environmental at Union, national, regional and local levels need to be assessment procedure. The Commission has issued a
equipped with the knowledge, tools and capacity to improve the delivery of benefits from that legislation,
100 European Commission, Working Paper "Regional Governance Matters: A Study on Regional Variation in Quality of Government within
99 The Commission has work ongoing to improve the country-specific the EU https://nicholascharron.wordpress.com/european-quality-ofknowledge
about quality and functioning of the administrative government-index-eqi/
systems of Member States. 101 The transposition of Directive 2014/52 i/EU is due in May 2017.
Germany 25
guidance document in 2016 regarding the setting up of state of the environment, investigating the relevant coordinated and/or joint procedures that are interrelationships and making projections and then, simultaneously subject to assessments under the EIA based on these findings, providing federal bodies such as Directive, Habitats Directive, Water Framework Directive, the Ministry of the Environment with policy advice. It also
and the Industrial Emissions Directive 102 . provides the general public with information and answer
Legislative competences are shared between the federal questions on all of the various issues that it addresses. level (“Bund”) and the level of the Länder. The 2006 Apart from these activities, UBA implements reform of the Constitution transferred more policies to environmental law by making sure that it is applied in the federal level. Most environmental policies (waste areas such as CO 2 trading and approval processes for disposal, air protection, water and nature protection) are chemicals, pharmaceutical drugs and pesticides. UBA´s “concurrent [shared] competences”, where the Länder mission is early detection of environmental risks and have the right to adopt their own provisions as long as threats so that it can assess them and find viable the “Bund” refrains from legislation; in some areas under solutions for them in a timely manner. UBA does this by the condition that uniform laws are required for the conducting research in its own labs and by outsourcing whole country. This is the case for instance where EU research to scientific institutions in German and abroad.
environmental law needs to be implemented. It is mainly Coordination and integration
up to the “Bund” to transpose these provisions into
national legislation. Where the Bund makes use of the Since 2002, the German government has continuously
“concurrent competence”, the Länder may adopt updated its National Sustainable Development additional legislation. However, they may only deviate Strategy
105 , which serves as a guide for the
from the “Bund” legislation in a few special policy areas implementation of the principles of sustainable exhaustively listed in the constitution 103 such as certain development in the Federal Government Policy as a topics of water and nature protection law (“derogatory whole. The latest Progress Report has been adopted in
power”). 2012, another one, organising the strategy around the 17 SDGs, will follow in late 2016.
Legislative initiatives are prepared by the Federal
Ministry for the Environment, Nature Conservation, The Management Concept for a Sustainable Building and Nuclear Safety (Bundesministerium für Development consists of management rules, indicators Umwelt, Naturschutz, Bau und Reaktorsicherheit – and targets as well as institutions to steer the strategy: BMUB) at federal level, and by the environmental The ten management rules summarise the guiding ministries of the Länder. They are co-ordinated principle of sustainable development and the associated
horizontally with the other ministries concerned. requirements. Key indicators for 21 fields of action have been associated with 38 goals, most of which can be
Compliance performance in Germany is good, with a quantified.
relatively high number of complaints, and considerably
less Pilots and infringement cases. Cases often focus on The State Secretaries’ Committee for Sustainable differing interpretations of EU law. Nature protection, Development which is chaired by the Head of the Federal River Water management and air pollution have also led Chancellery is in charge of the further development and to a number of cases and the last two are of increasing monitoring of the national strategy. The Committee
concern. updates the details of the National Sustainable Development Strategy and regularly monitors the
In some of the environmental cases where individuals or development of the sustainability indicators. All
NGOs have gained access before the national courts over ministries are involved in shaping and implementing the the past years, the German judges referred several strategy. The Committee is also the contact for the requests for preliminary rulings to the Court of Justice of Parliamentary Advisory Council for Sustainable the EU. This represented a valuable contribution to the Development, for the federal states (Länder) and for the development of EU environment law, since preliminary associations of local authorities as well as the German rulings enable the Court of Justice to give a coherent Council for Sustainable Development. To provide external interpretation of the EU law. expertise the German government also put in place the
Germany has established a specialised environmental German Council for Sustainable Development in 2001. protection agency (Umweltbundesamt 104 , UBA) whose The Sustainable Development Council advises the Federal
main tasks centre around gathering data concerning the Government on all matters relating to sustainable development.
102 European Commission, 2016. Guidance document on streamlining environmental assessments conducted under Article 2(3) of the
Environmental Impact Assessment Directive. 103 See Art. 72 Abs. 3 GG 105 Bundesregierung Deutschland, 2002. German Sustainable 104 Umweltbundesamt is the German environmental protection agency Development Strategy
Germany 26
recognises the need for coordination and cooperation between different authorities to ensure consistency, avoid duplication of work and reduce administrative burden. Active participation in established pan-European networks of inspectors, police, prosecutors and judges,
such as IMPEL 107 , EUFJE 108 , ENPE 109 and EnviCrimeNet 110 ,
Compliance assurance is a valuable tool for sharing experience and good practices.
EU law generally and specific provisions on inspections,
other checks, penalties and environmental liability help Currently, there exist a number of sectoral obligations on lay the basis for the systems Member States need to inspections and the EU directive on environmental have in place to secure compliance with EU liability (ELD)
111 provides a means of ensuring that the
environmental rules. "polluter-pays principle" is applied when there are accidents and incidents that harm the environment.
Public authorities help ensure accountability of duty There is also publically available information giving holders by monitoring and promoting compliance and by insights into existing strengths and weaknesses in each taking credible follow-up action (i.e. enforcement) when Member State. breaches occur or liabilities arise. Compliance monitoring
can be done both on the initiative of authorities For each Member State, the following were therefore themselves and in response to citizen complaints. It can reviewed: use of risk-based compliance assurance; involve using various kinds of checks, including coordination and co-operation between authorities and inspections for permitted activities, surveillance for participation in pan-European networks; and key aspects possible illegal activities, investigations for crimes and of implementation of the ELD based on the Commission's audits for systemic weaknesses. Similarly, there is a range recently published implementation report and REFIT of means to promote compliance, including awarenessevaluation
112 .
raising campaigns and use of guidance documents and Germany has taken steps towards risk-based compliance online information tools. Follow-up to breaches and assurance, notably use of sophisticated risk-criteria to liabilities can include administrative action (e.g. target environmental inspections, in particular
withdrawal of a permit), use of criminal law 106 and action concerning supervision of industrial facilities.
under liability law (e.g. required remediation after
damage from an accident using liability rules) and Up-to-date information is nevertheless lacking in relation contractual law (e.g. measures to require compliance to the following:
with nature conservation contracts). Taken together, all − data-collection arrangements to track the use and of these interventions represent "compliance assurance" effectiveness of different compliance assurance
as shown in Figure13. interventions 113 ;
Figure 13: Environmental compliance assurance − the extent to which risk-based methods are used to direct compliance assurance at the strategic level
and in relation to critical activities outside of industrial installations, especially specific problem
107 European Union Network for the Implementation and Enforcement
of Environmental Law 108 European Union Forum of judges for the environment 109 The European Network of Prosecutors for the Environment 110 EnviCrimeNet
111 European Union, Environmental Liability Directive 2004/35/CE 112 COM(2016)204 final and COM(2016)121 final of 14.4.2016. This
highlighted the need for better evidence on how the directive is used in practice; for tools to support its implementation, such as guidance, training and ELD registers; and for financial security to be available in case events or incidents generate remediation costs.
113 Some good practices have been noted such as publication of
environmental inspections reports, including information on the level
Best practice has moved towards a risk-based approach of detected non-compliance See for instance for North Rhineat strategic and operational levels in which the best mix Westphalia:
of compliance monitoring, promotion and enforcement is http://www.brd.nrw.de/umweltschutz/umweltinspektionen/Umwelt inspektionsberichte.html . This transparency is supported by national
directed at the most serious problems. Best practice also case-law, see decision of the Higher Administrative Court of North
Rhine-Westphalia, 8 B 1101/14: https://www.justiz.nrw.de/nrwe/ovgs/ovg_nrw/j2014/8_B_1101_14
106 European Union, Environmental Crime Directive 2008/99/EC _Beschluss_20141106.html
Germany 27
areas highlighted elsewhere in this Country Report, The Aarhus Convention, related EU legislation on public i.e. the threats to protected habitat types and participation and environmental impact assessment, and species, poor air quality and the pressures on water the case-law of the Court of Justice require that citizens quality from diffuse sources of pollution. and their associations should be able to participate in
A good example of cooperation and coordination is the decision-making on projects and plans and should enjoy task force (“Stabsstelle Umweltkriminalität”) established effective environmental access to justice.
in Nordrhein-Westfalen to ensure effective coordination, Citizens can more effectively protect the environment if better targeted compliance monitoring and efficient they can rely on the three "pillars" of the Convention on
treatment of information provided by citizens 114 . Access to Information, Public Participation in Decision
Germany is very active within the environmental making and Access to Justice in Environmental Matters compliance assurance networks, in particular within ("the Aarhus Convention"). Public participation in the IMPEL. For instance, it led a long-term project in whose administrative decision making process is an important framework a risk assessment tool for planning of element to ensure that the authority takes its decision on environmental inspections called Integrated Risk the best possible basis. The Commission intends to Assessment Method (IRAM) was developed and is examine compliance with mandatory public participation
currently used by many IMPEL members' authorities 115 . requirements more systematically at a later stage.
Together with the United Kingdom, The Netherlands and Access to justice in environmental matters is a set of other Member States, Germany prepared in the guarantees that allows citizens and their associations to framework of the 'Make it Work' project principles for challenge acts or omissions of the public administration drafting provisions on compliance assurance in EU before a court. It is a tool for decentralised
Environmental law 116 . implementation of EU environmental law.
For the period 2007-2013, Germany reported 60 cases of For each Member State, two crucial elements for environmental damage handled under the Environmental effective access to justice have been systematically Liability Directive. This included a share of biodiversity reviewed: the legal standing for the public, including damage cases (often viewed as more difficult due to their NGOs and the extent to which prohibitive costs represent novelty at EU level) well above the EU average. However, a barrier. there is scope for further measures to improve the
implementation of the Directive. While Germany did not Germany has a predictable and transparent legal review introduce mandatory financial security, the insurance system for environmental cases. The courts exercise a market appears to work effectively, with good levels of comprehensive legal review of administrative acts and voluntary take-up, providing a model for other Member omissions. However, in several sectors of EU
States of how a voluntary approach can work. environmental law the German law does not provide standing for the public (such as air, waste and water), in
Suggested action particular not for environmental NGOs 117 . Furthermore
• Improve transparency on the organisation and recent judgments of the CJEU on access to justice in functioning of compliance assurance and on how environmental matters
118 still have to be complied with
significant risks are addressed, as outlined above. in the national law.
• Step up efforts in the implementation of the Suggested action
Environmental Liability Directive (ELD) to improve the
evidence base in Germany with proactive initiatives, in • Take the necessary measures to ensure standing of
particular by setting up a national register of ELD environmental NGOs to challenge acts or omissions of
incidents. a public authority in all sectoral EU environmental laws, in full compliance with EU law as well as the
Convention on Access to Information, Public
Public participation and access to justice Participation in Decision-making and Access to Justice
in environmental matters (Aarhus Convention) 119 .
114 It has been explored that the clear increase in detected illegally killed
birds of prey is very likely linked to the activities of this task force, Access to information, knowledge and
see 'Stocktaking of the main problems and review of national enforcement mechanisms for tackling illegal killing, trapping and
trade of birds in the EU', BioIntelligence, 2011, p. 18 and 92. 117 Access to justice, 2012/2013. Implementation of Articles 9.3 and 9.4
However, the same study also indicates some inconsistent use of of the Aarhus Convention in the Member States of the European cooperation mechanisms across the country, p. 93. Union , study for the European Commission.
115 For more detailed information on this IMPEL project see 118 case C-137/14 –Commission v Germany http://www.impel.eu/tools/risk-criteria-database-iram/ . 119 In 2016 the Federal Government adopted the “Draft Bill aligning the
116 http://www.ieep.eu/assets/1791/MiW_drafting_principles_on_comp Environmental Appeals Act and other Provisions to Stipulations of liance_assurance_July_2015.pdf . European and International Law”.
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evidence Assessments of monitoring reports 125 issued by Germany
and the spatial information that Germany has published
The Aarhus Convention and related EU legislation on on the INSPIRE geoportal 126 indicate that not all spatial
access to information and the sharing of spatial data
require that the public has access to clear information on information needed for the evaluation and implementation of EU environmental law has been made
the environment, including on how Union environmental available or is accessible. The larger part of this missing law is being implemented. spatial information consists of the environmental data
It is of crucial importance to public authorities, the public required to be made available under the existing and business that environmental information is shared in reporting and monitoring regulations of EU an efficient and effective way. This covers reporting by environmental law. Germany, led by its steering businesses and public authorities and active committee on spatial data infrastructure and national dissemination to the public, increasingly through focus point on INSPIRE has set up an initiative, as part of electronic means. an action plan to further improve implementation, to
The Aarhus Convention 120 , the Access to Environmental identify existing but not accessible electronic datasets so
Information Directive 121 and the INSPIRE Directive 122 far. In the short run, these data shall be made available “as is”.
together create a legal foundation for the sharing of
environmental information between public authorities Suggested action
and with the public. They also represent the green part of
the ongoing EU e-Government Action Plan 123 . The first • Identify and document all spatial data sets required for two instruments create obligations to provide the implementation of environmental law, and make information to the public, both on request and actively. the data and documentation at least accessible 'as is' The INSPIRE Directive is a pioneering instrument for to other public authorities and the public through the electronic data-sharing between public authorities who digital services foreseen in the INSPIRE Directive.
can vary in their data-sharing policies, e.g. on whether access to data is for free. The INSPIRE Directive sets up a geoportal which indicates the level of shared spatial data in each Member State – i.e. data related to specific locations, such as air quality monitoring data. Amongst other benefits it facilitates the public authorities' reporting obligations.
For each Member State, the accessibility of environmental data (based on what the INSPIRE Directive envisages) as well as data-sharing policies ('open data') have been systematically reviewed.
Germany's performance on the implementation of the
INSPIRE Directive as enabling framework to actively disseminate environmental information to the public is good. Germany has indicated in the 3-yearly INSPIRE
implementation report 124 that the necessary data-sharing
policies allowing access and use of spatial data by national administrations, other Member States' administrations and EU institutions without procedural obstacles are available. In absence of data-sharing policies at other administrative levels, Federal law is in place to regulate and facilitate the sharing of spatial data.
120 UNECE, 1998. Convention on Access to Information, Public
Participation in Decision-Making and Access to Justice in Environmental Matters
121 European Union, Directive 2003/4/EC on public access to
environmental information 122 European Union, INSPIRE Directive 2007/2/EC 123 Communication: EU eGovernment Action Plan 2016-2020 -
Accelerating the digital transformation of government COM(2016) 179 final 125 Inspire indicator trends
124 European Commission, INSPIRE reports 126 Inspire Resources Summary Report