TY - JOUR AU - Voigt,, Christina AB - (1) Sustainable Development In July, the Federal Statistical Office presented the 2010 Indicator Report on the German Sustainability Strategy. The 2002 National Sustainability Strategy had defined sustainable development targets for twenty-one different sectors, twelve of which have a direct environment link. The report shows that while there were more renewable energy sources and fewer greenhouse gas emissions, a need for action primarily in other sectors had been maintained. The climate target (21 percent reduction by 2010 compared with 1990) was met, and Germany seems to be on the right path in regard to the new targets for 2020. In 2009, the share of renewable energies in electricity consumption was 16.1 percent, while the target is 30 percent. In so-called primary energy consumption, which reflects the source of energy used for the generation of electricity, heat, and fuel, renewable energies had a share of 8.9 percent in 2009—the target for 2020 is 10 percent. While decoupling energy consumption from economic growth is a good start, the use of resources has not decreased so as to reach the target of doubling productivity between 1994 and 2020. Up to 2008, there has been only an increase of 39.6 percent. Further efforts are also needed with regard to the use of limited resource land. Overall development is positive: land consumption was reduced from 120 hectares per day between 1993 and 1996 to 104 hectares per day in 2008. However, this falls far short of the strategy’s target of reducing daily consumption to thirty hectares per day by 2020. The complete 2010 indicator report can be downloaded at . (2) Climate Protection (A) Emissions Trading and Carbon Offsets Germany met its climate protection target under the Kyoto Protocol in 2008 and remains a leader in international climate protection. Germany reported reduction in greenhouse gas (GHG) emissions in 2008 and 2009. For the year 2008, GHG emissions decreased by 22.2 percent compared to 1990 levels, a volume equivalent to 280 million tons (National Inventory Report, 2010). In 2009, operators subject to emissions trading emitted 9.4 percent less than in 2008. This is the lowest level of emissions from operators covered by the scheme since the introduction of emissions trading in Europe in 2005. The installations engaged in emissions trading were responsible in 2009 for the greatest absolute reduction of GHG emissions in Germany. This cut, however, has proven to be a result of the economic and financial downturn in 2009, rather than the effect of instrument choice. Emissions trading relieved the strain on individual installations, without jeopardizing previously set climate goals. For the great majority of industrial installations, emissions trading meant that they could offset their annual emissions for 2009 with the free certificates already allocated and issued to them by the end of February 2009. The greatest absolute reduction was recorded in the energy industry, where emissions from large power plants due to reduced capacity dropped by 8 percent. The national budget for the emissions trading sector in the 2008-12 trading period is an annual 451.86 million emissions certificates, of which 390 million were allocated to installations free of charge by the German Emissions Trading Authority (DEHSt). Taking into account the forty-one million certificates that are auctioned off every year, there is a volume of approximately 431 certificates that corresponds to the volume available in the German budget and equivalent to roughly the total annual emissions of 2009 (428 million tonnes of carbon dioxide). If the use of certificates issuing from climate protection projects is taken into account (clean development mechanism (CDM)) and joint implementation (JI)), Germany would end up with a slight surplus in certificates compared to actual emissions (Umweltbundesamt, Press Release 22/2010, 1 April 2010). For 2010, some 1,600 operators will receive 390 million emissions allowances for free from the annual German budget. The determination of allocation takes into account changes in capacity, mergers, and decommissioning of installations (Umweltbundesamt, Press Release 8/2010, 26 February 2010). Despite its success, emissions trading has faced some challenges in 2010. On 28 January, account holders in a number of European emissions trading registries received fake e-mails requesting them to enter account information on a website. Users of the DEHSt at the Federal Environment Agency in Berlin received e-mails seeking to extract user names and passwords. According to reports from the agency, seven of the nearly 2,000 users of the DEHSt revealed their access data and thereby enabled access to their accounts. As a result, there were some 250,000 unauthorized emissions certificate transfers. As a protective measure, transactions were frozen by the DEHSt on 29 January 2010, while regular activity resumed 4 February 2010. On 13 April, the administrative court of Berlin dismissed the claims against the Federal Environment Agency filed by three energy supply utilities. The utilities filed a class-action suit objecting to the cutbacks in allocated emission allowances according to the Allocation Act 2012 (ZUG 2012). The act foresees a cut in allowances and the application of a single coal benchmark as well as non-application of allocation regulation. As a result of the cutbacks, power suppliers have had to purchase a portion of the emissions certificates that they should have received for free. The three plaintiffs cited violation of fundamental rights and breaches of tax law. One of the utilities also filed a charge against the discontinuation of the allocation regulations laid out in ZUG 2007 (that is, Article 8, ZUG 2007) and valid in the first trading period (2005-7). In particular, the issue is non-application of a compliance clause beneficial to the utility for the twelve calendar years following commissioning of the installation (Article 8, para.1, sent. 2, ZUG 2007). It was argued that fundamental rights and confidentiality were violated. The utilities also claimed violations of constitutional law due to the lack of a benchmark for brown coal power stations and subsequent application of a single coal benchmark of 750 grams of carbon dioxide per kilowatt hour. All three cases were dismissed in their entirety by the administrative court of Berlin, whereby core regulations of ZUG 2012 were authenticated in the first instance. It also means that the demand to move the case to the Federal Constitutional Court and European courts has been rejected (Umweltbundesamt, Press Release 24/2010, 16 April 2010). While climate protection is mainly about avoiding emissions at home, a system of voluntary carbon offsetting through projects abroad (CDM and JI) makes it possible to do even more to protect the climate. However, who the providers and users of offsetting services in Germany are and which emission certificates are used remains largely unknown. Two 2010 studies done on behalf of the DEHSt at the Federal Environment Agency provided insight to the market and quality criteria as well as the general framework of the forest projects so popular on the compensatory market. According to an analysis of the German market for voluntary carbon offsetting by Adelphi Research GmbH, the inclination in Germany to offer private compensation of greenhouse gas emissions is currently low. Adelphi estimates the trade volume to be about 1.1-2 million tonnes of carbon dioxide equivalents per year, a very low volume in international comparison. It is mostly businesses that offset their greenhouse gas emissions and promote the fact by offsetting the carbon footprint of business trips or offering carbon-neutral events. They invest in climate protection projects worth the amount of their greenhouse gas emissions, which help to save an equivalent amount of emissions elsewhere. Surprisingly, German investors are less interested in project type or country when selecting a project than in the quality of the project, especially the transparency of emissions avoidance. The so-called gold standard for projects is most commonly sought. The majority of the study participants also favour a binding standard at the international level. (B) International Climate Policy In May, Germany invited environment and climate ministers from more than forty countries to the Petersberg Climate Dialogue, which was held in Bonn on 2-4 May. The Petersberg dialogue was announced by Federal Chancellor Merkel in Copenhagen in December 2009. Chancellor Angela Merkel and Mexican President Felipe Calderón opened the Petersberg Climate Dialogue. Federal Environment Minister Norbert Röttgen and his Mexican colleague Juan Elvira jointly chaired the high-level meeting. At the meeting, they discussed the next concrete steps in the run-up to the COP-16 of the UN Framework Convention on Climate Change (UNFCCC) in Cancun, Mexico, with a view to defining and implementing the results of Copenhagen COP-15 in Cancun. Referring to the European Community’s (EC) contribution, Röttgen said: ‘The EU has good reasons, including economic ones, to rethink its current reduction offer. I will strongly advocate that the EU raise its target from a 20% to a 30% reduction by 2020, thus making the EU a pioneer in the transformation towards a low-emission economy. Germany has already adopted a reduction target of 40%’ (BMU Press Release, 2 May 2010). At the Petersberg Climate Dialogue, the participants agreed that combating climate change remains an urgent challenge and that swift, joint action by the international community is indispensible. The environment ministers identified the following priority issues for further UN negotiations: Ministers saw considerable progress in the UN negotiation process that can be built on this year regarding further issues such as reducing deforestation, promoting climate-friendly technologies, and further developing emission-trading schemes. All of the ministers agreed that top priority is the concrete implementation of climate protection measures in parallel with the UN negotiations. A whole range of countries presented specific projects, including, for example, initiatives to reduce deforestation or technology projects for more climate protection. At the meeting, Germany, together with South Africa and South Korea, launched an initiative to support developing countries in elaborating environment and climate-friendly growth strategies. Implementation of these strategies must be transparent, measurable, and comprehensible. At the meeting, Federal Environment Minister Röttgen announced that the German government will pay €10 million into the Kyoto Protocol’s Adaptation Fund to support adaptation measures in developing countries that are particularly affected by climate change. In addition, Germany will use around 30 percent—that is, at least €350 million—of the fast-start financing for international climate protection for the prevention of deforestation in developing countries. reducing GHG emissions in developed and newly industrializing countries; setting up an international system for monitoring mitigation activities; supporting adaptation measures in developing countries; and financing international climate protection. International climate negotiations cumulated in the UNFCCC COP-16 in Cancun. At the conference, a comprehensive package of decisions was adopted, which was claimed to be a success for climate protection and for the international community. The Cancun package includes mitigation action by developed and developing countries, the establishment of a Green Climate Fund, and arrangements on adaptation to the consequences of climate change, forest conservation, technological co-operation, and capacity building in developing countries. A procedure was agreed to review which additional measures will be needed to meet the two-degree target. Moreover, basic agreements were made regarding the transparency of countries’ climate protection activities. The developed countries have pledged to mobilize US $100 billion annually from 2020 for climate protection measures in developing countries. Federal Environment Minister Röttgen commented: ‘Cancún has met our expectations. The international community has demonstrated its capacity to act. For the first time the global community has officially recognised the two-degree target. The measures adopted are still not sufficient to reach it, but they are a decisive step. This process must now be continued.’ He also remarked: ‘These results are also due to the joint efforts by the EU countries. We must build on this success. Europe will only be able to maintain its leading role if we are determined to make progress and reduce our emissions by 30 percent by 2020 compared with 1990. This is an appropriate contribution to achieving the two-degree target and at the same time offers huge economic opportunities’ (BMU Press Release, 11 December 2010). (C) Climate Impacts and Adaptation Germany’s National Meteorological Service, the DeutscherWetterdienst, and the Federal Environment Agency acknowledge that the trend in weather records confirms the forecasts made by climate scientists. In Germany, extreme weather events with heavy precipitation or heat waves have increased tangibly in the past few decades, and it is likely that their occurrence and intensity will continue to rise. The annual mean temperature in Germany increased by 1.1 degrees Celsius from 1881 to 2009. It could rise another 2 to 4 degrees Celcius by the end of the century. The rising temperatures are expected to trigger ever more and intense heat waves. Measurements taken at some of the National Meteorological Service’s stations have proven that the number of summer days (days with maximum temperatures of 25 degrees Celsius and above) has more than doubled since 1950. Gerhard Adrian, president of Germany’s National Meteorological Service, commented: ‘By mid-century we expect an additional 15 to 27 summer days per year in the Saxony-Anhalt and Brandenburg regions’ (Umweltbundesamt, Press Release 44/2010, 2 September 2010). Public health has already suffered from the current heat waves—for example, when office buildings have very large glass fronts or air conditioning systems are too small. With regard to long-term investments, in particular, standards and guidelines that govern the construction of buildings, roads, or power plants need to take future climate conditions into account. The Federal Environment Agency and DeutscherWetterdienst consults the federal government on adaptation measures and on the establishment of standards and technical regulations. Climate protection and adaptation to climate change are two sides of the same coin. The Federal Cabinet adopted Germany’s adaptation strategy on 17 December 2008. The federal government outlined possible climate consequences and immediate options for action in fifteen areas and selected regions. The objective of the strategy is to prevent risks to the population, environment, and economy as well as to take advantage of opportunities. The next step in implementation of the adaptation strategy is the federal government’s ‘adaptation action plan,’ which is scheduled for summer 2011 (more information and links can be found at ; ; ). (D) Climate Change and Tropical Forests At the Petersberg Climate Dialogue in May, Germany also confirmed its commitment to reduced emissions from deforestation and forest degradation in its membership in the Global Forest Partnership, which was launched in Oslo on 27 May with more than fifty high-ranking representatives from industrialized and tropical countries. The Global Forest Partnership plays a vital role in climate protection: one-fifth of all global GHG emissions are due to forest destruction. The global partnership thus supports international climate negotiations with concrete measures to prevent emissions from deforestation and destructive forest utilization in the tropics, and it is providing US $4 billion over the 2010-12 period for this purpose. ‘There is not much time left to save our forests from destruction. Therefore we need a strong international alliance of like-minded countries and governments who are ready to jointly promote forest conservation,’ stated Ursula Heinen-Esser, parliamentary state secretary at the Federal Environment Ministry, who participated at the meeting (BMU Press Release, 27 May 2010). Later in 2010, the Federal Environment Ministry announced that it is making available an additional amount of €10 million for tropical forest conservation in the context of biodiversity conservation. This announcement was made by Federal Environment Minister Norbert Röttgen at a meeting of the Global Forest Partnership, which took place at the sidelines of the tenth Conference of the Parties (COP-10) to the Convention on Biological Diversity (CBD) in Nagoya, Japan. The €10 million made available by the Federal Environment Ministry will be paid into a World Bank fund providing support to forest conservation measures in tropical countries. Moreover, the Federal Environment Ministry also contributes to the operational costs of the Global Forest Partnership (BMU Press Release, 26 October 2010). (E) Climate Investments GHG emissions must be reduced by more than 50 percent globally in order to achieve the goal of limiting global warming to 2 degrees Celsius. Reductions required in industrialized countries are between 80-95 percent leading up to 2050. Against this background, KfWEntwicklungsbank and the Federal Environment Ministry launched a two-day international conference on the issue of climate investments at a conference on climate protection financing in developing and newly industrializing countries in Berlin on 30 June. In addition to state financing, private investment is needed. Federal Environment Minister Norbert Röttgen stated: ‘We have to completely change our economic and production patterns. This also includes investment financing. A structural change towards future-oriented, modern and sustainable economics must be implemented globally. In order to achieve this we must spend tight public funds intelligently so as to ensure that as much private capital as possible will be invested in a climate-friendly future.’ Experts from the public sector, the private sector—in particular, financing—the scientific community, and civil society from industrialized and developing countries discussed the following core issues: How can public means be used to mobilize private investment in climate protection? How can public funds help to create and improve framework conditions for climate-friendly private sector investment in developing and newly industrializing countries? One possible approach is that each public euro is supplemented by a multitude of private euros so as to pave the way for the enormous climate protection investment volume. At the conference, it became clear that climate protection financing cannot solely rely on credit lines for developing countries and the carbon market. Conference participants discussed a host of instruments and measures such as: the limitation of political and currency risks through government instruments facilitates private investment decisions; environmental standards as a criterion for decisions on investments; promoting local climate technology markets by strengthening corporate equity building; and establishing appropriate political framework conditions creating a ‘green’ investment scenario in industrialized and developing countries (BMU Press Release, 30 June 2010). (F) Carbon Capture and Storage Federal Economics Minister Rainer Brüderle and Federal Environment Minister Norbert Röttgen presented key elements of the joint draft act on the demonstration and application of technologies for the capture, transport, and permanent storage (CTPS) of carbon dioxide. With this draft act, the German government has opted for a gradual approach to the further development of CTPS. For the time being, the draft act only permits testing and demonstration of storage. The state of development of the technologies will be thoroughly evaluated in 2017. With this approach, the German government takes into account the remaining open questions regarding the new technologies, and the many concerns of the public. After being suspended in the summer of 2009, the draft act has undergone a substantial revision. New provisions include: Restriction of storage to testing and demonstration purposes: Storage facilities may only be licensed if the application for the license is filed by the end of 2015 and the annual storage volume per facility does not exceed three million tonnes and the overall volume nationwide does not exceed eight million tonnes of carbon dioxide per year. The act will be thoroughly evaluated in 2017. To this end, the federal government will prepare a report for the German Bundestag. If the report is positive, CTPS may be used on a larger scale. Highest level of precaution: In all demonstration storage facilities, precautionary measures must be taken against negative impacts on human beings and the environment according to the state of the art in science and technology. Effective safeguards against potential long-term risks by the operator: Setting aside funds for aftercare from the first tonne stored. Other potential uses for underground sites—for example, for geothermal energy production or as energy storage—are given even greater consideration. If land must be accessed or used for exploration, better protection of the rights of land owners is ensured. In line with constitutional provisions, municipalities affected are to receive financial compensation. According to the World Wildlife Fund (WWF), the government of Baden-Wurttemberg has breached EC law by granting construction permits in July 2009 for the 900-megawatt coal-fired plant without meeting the requirements under the EC Directive 2009/31 on Carbon Capture and Storage (CSS Directive). The WWF claims that the German authorities are in breach of the CSS Directive by having failed to ensure for feasible transport facilities, for suitable storage sites, and by not retrofitting the power plant with new improved technology. Consequently, the WWF demands that the EC Commission opens an infringement procedure against the German government for the breach of the CSS Directive. (G) Fluorinated GHGs The Federal Environment Agency sees a necessity for clear regulation of fluorinated GHGs so as to prevent an increase of their emissions worldwide. In acknowledgment of the global warming potential of fluorinated GHGs and their expected rise in emissions, the Federal Environment Agency updated its 2004 report on the means to reduce the emissions of fluorinated GHGs. According to Federal Environment Agency forecasts, the global share of the fluorinated gases substance group in overall GHG emissions—currently about 2 percent—will increase to 6 percent by 2050 if no action is taken. The report entitled FluorierteTreibhausgasevermeiden: WegezumAusstieg (in German) is an updated source of information on the technical means to reduce emissions available to all stakeholders in the European and international debate (it has been published in the Climate Change series (300 pages) and is available for download on the Internet at ). (3) Energy (A) Renewable Energy The share of renewable energies in Germany’s electricity supply rose further in 2010. At 17 percent, the share was about half a percentage point higher than the previous year. These are the preliminary results calculated by the Working Group on Renewable Energy Statistics for the Federal Environment Ministry. This growth was achieved in spite of the sector being hampered by adverse weather conditions. As there was very little wind in 2010, the wind power yield of 36.5 billion kilowatt hours was the lowest since 2006. Even so, wind energy remained the key pillar of renewables, with around a 6 percent share of the total electricity supply. Clear increases were recorded for electricity generation from biogas and the photovoltaic sector. Solar power almost doubled its contribution, covering around 2 percent of total electricity demand. On 4 August, the Federal Cabinet adopted the national renewable energy action plan. The national renewable energy action plan is the core element of reporting obligations laid down in EC Directive 2009/28 on the Promotion on the Use of Energy from Renewable Sources. Based on a specific template, EC member states must submit a national renewable energy action plan, including measures and expansion strategies geared towards achieving the binding national target. The contents of the national action plan will be updated in the framework of reporting vis-à-vis the European Commission. The action plan outlines that the binding target of an 18 percent share of renewable energies in gross final energy consumption will be reached by 2020 and may even be surpassed with an expected share of almost 20 percent. Currently, this share is about 10 percent. With regard to individual sectors, the action plan stipulates shares for 2020: a 15.5 percent share for renewable energies in the heat/cooling sector; a share of 38.6 percent in electricity; and a share of 13.2 percent in transport. These expansion figures and the overall 19.6 percent mark do not constitute new targets of the federal government, they are current estimates and expectations. In connection with the legally binding 18 percent target, the federal government had already defined and legally stipulated sectoral targets before the national action plan was drawn up. By 2020, for instance, the share of renewable energies in electricity consumption is to be at least 30 percent, the share in the heat sector 14 percent. These sectoral targets will remain valid. The measures and instruments required for achieving this goal—for example, the Renewable Energy Sources Act (EEG), have basically been established, but they will be regularly evaluated and further developed in the future. A study of the Federal Environment Agency shows that an electricity supply in Germany that is 100 percent from renewable energies is realistic in 2050. The technology already available on the market could make this possible even today, but it requires that electricity be used and produced very efficiently. These are the results of the study: Energieziel 2050: 100 percent Strom ause rneuerbaren Quellen (100 percent renewable electricity supply by 2050) done by the Federal Environment Agency. The study is based on the ‘region’s network’ scenario, in which all of the regions in Germany largely tap their potentials to use renewable energies with the result of a country-wide electricity conversion. According to the Federal Environment Agency, the power supply switch requires that renewable energies, networks, and storage systems be expanded on a large scale. Furthermore, the means to save electricity must also be used to the fullest extent. Moreover, Germany could drastically reduce its enormous dependence on imports of primary energy sources if electricity were produced with renewable energies only (the study Energieziel 2050: 100 Percent Strom ause rneuerbaren Quellen (100 Percent Renewable Electricity Supply by 2050) study is available for free download at . A survey carried out in 2010 showed that the findings of the study are supported by the majority of the German population. A representative survey polling 2008 people, which the Federal Environment Agency carried out in Spring 2010, revealed that 85 percent agreed with the statement: ‘We need a resolute switch to renewable energies.’ About three-quarters expect to achieve this environmental policy goal to increase energy efficiency through greater involvement of the state—for example, cutting ecologically harmful subsidization policies (the study (in German) is available for download at . (B) Wind and Solar On 6 May, the German Bundestag adopted an amendment of the Renewable Energy Sources Act (EEG), which significantly reduces the feed-in tariffs for solar power generated by installations on buildings and in open spaces as per 1 July 2010. The amendment was claimed to be justified by market price reductions by around 30 percent last year. Solar power support therefore needed to be adjusted to market developments. Therefore, the amendment now provides for further reductions of the feed-in tariffs in addition to the original digression rate stipulated in the EEG: 11 percent for solar farms on land converted from other uses (conversion areas) and 16 percent for roof installations. At the same time, the EEG assumes a much wider expansion of the photovoltaic market than previously expected. The targeted market volume was doubled to 3,500 megawatts installed photovoltaic peak capacity per annum. The proposed cuts in tariffs are appropriate. The expanded financial incentive for consumers themselves to use the solar power they generated will trigger further technical innovation. In October, the EC Commission approved German state aid of €30 million earmarked for the offshore windfarm Alpha Ventus. Alpha Ventus is the first wind farm in the world to be built in a remote coastal area at a depth of twenty-five metres. The project was faced with tremendous technical challenges, and the scientific knowledge acquired will provide important technical and ecological insights for the construction of all future wind farms. Now that the aid has been approved by the EC Commission, the Federal Environment Ministry will release the funds promised for the construction of Alpha Ventus as soon as possible (BMU Press Release, 30 October 2010). (C) Biomass, Biofuels, and Bioliquids Germany literally transposed the sustainability criteria contained in Articles 17-19 of EC Directive 2009/28 on the Promotion on the Use of Energy from Renewable Sources by sublegal regulations. In 2009, Germany was the first EC member state to transpose the European sustainability requirements for biofuels and liquid biomass into German law. Sustainability of the cultivation and manufacture of biofuels and vegetable oils will have to be proven with the aid of certification systems. Only then will it be possible to count them towards the biofuel quota and to support them under the EEG. Protected areas include nature conservation areas, virgin forests, forests, wetlands, and grasslands. Furthermore, proof is required that biofuels and vegetable oils deliver GHG savings of at least 35 percent in comparison with fossil fuels. Germany is pioneering the implementation of sustainability certification. The Federal Office for Agriculture and Food (BLE) is responsible for approving certification systems. It has already provisionally approved two certification systems and eight offices for certification activities. In February, the BLE published guidance on the implementation of the sustainability criteria in LeitfadenNachhaltigeBiomasseherstellung (). In November, the Federal Environment Agency presented a long-term strategy for the sustainable use of biomass. The development of strategies and sustainability standards for the certification of biomass for international trade research report has been published in German in the UBA text series as Doc. 48/2010 and as Doc. 49/2010 in English (the former can be downloaded as a free PDF file at ). On 27 October, the Federal Cabinet adopted a corresponding ordinance, thus implementing EC Directive 2009/30 as Regards the Specification of Petrol, Diesel and Gas-Oil and Introducing a Mechanism to Monitor and Reduce Greenhouse Gas Emissions. This implies that from January 2011, petrol with a bioethanol share of up to 10 percent will be available at German filling stations in addition to the current types of petrol. The new petrol will be clearly labelled at fuel pumps with the name of the type of petrol supplemented with ‘E10’—for example, ‘Super E10.’ (4) Ozone Layer and Air Quality Recent research findings by European scientists show that the Montreal Protocol on Substances That Deplete the Ozone Layer (Montreal Protocol) is taking effect and the ozone layer is gradually beginning to recover. Thanks to the worldwide protective measures, there has been a marked reduction in the risk of skin cancer and environmental damage due to aggressive ultraviolet radiation. Despite the progress made, Environment Minister Röttgen remarked on the relationship between climate measures and measures to protect the ozone layer: ‘The community of states must not throw away the climate benefits that result from phasing out the ozone-depleting substances, as would be the case if they replaced these substances with alternatives that were no longer harmful to the ozone layer, but still had adverse effects on the climate. We, therefore, need a solution to the F gases problem that takes advantage of the experience gained from phasing out ozone-depleting substances under the Montreal Protocol. That is why, in the forthcoming negotiations on the Montreal Protocol in Kampala and the climate negotiations in Cancun, I will be advocating solutions that ensure close links between measures to protect the ozone layer and measures to protect the climate. This is a unique opportunity for Germany, on the basis of experience gained from the Montreal Protocol, to establish and expand a pioneering role as a technology provider in this sector’ (BMU Press Release 139/10, 16 September 2010). Since 22 March, new environmental provisions for a long-term reduction in dust pollution were applied to wood-fired heating systems, stoves, and other small combustion plants fired with solid fuels. While wood is a renewable energy source and therefore an appropriate fuel for heat generation in terms of climate protection, burning wood in small combustion plants indoors releases various air pollutants such as particulate matter and leads to unpleasant odours—and this to an increasing extent. The new limit values will reduce air pollutants directly at the source. The amendment to the First Ordinance on the Implementation of the Federal Emission Control Act (1. BImSchV) adapts the provisions governing stoves and heating systems fired with solid fuels such as wood to the technological progress achieved with regard to reducing pollutant emissions. Limit values have also been set for existing combustion plants. If compliance with these limit values can be proven either by a manufacturer certificate or by an on-the-spot-measurement, these firing systems can be operated for an unlimited period. Only if compliance is not possible will a retrofitting program take effect between 2014 and 2024. It provides for retrofitting or replacement by low-emission plants (BMU Press Release 040/10, 19 March 2010). The Federal Environment Agency assessed air quality for the year 2009 based on interim data and concluded that 55 percent of air measuring stations placed in urban areas in the vicinity of traffic and annual mean levels of nitrogen dioxide concentrations in 2009 were above the forty micrograms per cubic metre of air, which was set as the cap on 1 January 2010. Exceeds of threshold values occur primarily in cities and conurbations—that is, where the majority of the population resides. The main sources of nitrogen oxides are traffic emissions as well as industrial and household combustion processes (the interim assessment of air quality for 2009, including a comparison to previous years, is on the Internet at , while current data on air quality is at ). In August, Germany transposed the new EC Directive 2008/50 on Ambient Air Quality and Cleaner Air for Europe into German law. With the eighth Act Amending the Federal Emission Control Act and the thirty-ninth Ordinance Implementing the Federal Emission Control Act (Ordinance on Air Quality Standards and Emission Ceilings, 39. BImSchV), EC Directive 2008/50 is being transposed on a one-to-one basis. With the new law, more stringent air quality standards apply in Germany. For the first time, the directive sets standards for fine particles (with a diameter of less than 2.5 micrometres (PM2.5)), which are particularly dangerous to human health. A target value for PM2.5 will enter into force in 2010. An equivalent limit value for PM2.5 will apply from 2015. Air quality standards for particulate matter with a diameter of less than ten micrometres (PM10), oxides of nitrogen, benzene, sulphur dioxide, and other substances remain unchanged. The Länder are responsible for the enforcement of the new provisions. One important step towards meeting the limit values can be the designation of low-emission, or environmental, zones that vehicles with high emissions must not enter. More than forty of these low-emission zones have already been established by the Länder. (5) Biodiversity Protection In September, Germany called for increased efforts to combat the worldwide loss of biological diversity. At a special session of the sixty-fifth UN General Assembly on biological diversity, the federal environment minister mentioned in particular the destruction and overexploitation of habitats and species, environmental pollution, and climate change as the main reasons for this biodiversity loss. He pointed out that the target set by heads of state and government in 2002 to significantly reduce the global loss of biodiversity has not been reached: ‘But biological diversity is the basis for our own survival. Every day we make use of the services provided by nature without even thinking about it: clean air and water, fertile soils, construction materials and fuels, medical substances, CO2 storage in forests, bogs, soils and oceans, are just some examples. Therefore, preserving biological diversity is not a luxury but a necessary investment in our own future.’ At COP-10 to the CBD in Nagoya, Japan, Germany stressed the lack of financing as one of the main reasons why the loss of biodiversity continues. This applies in particular to the developing countries of the South, which are home to a large share of global biodiversity but which do not have adequate means to ensure biodiversity conservation and sustainable use. The great challenge is for donor countries to make a credible effort to improve the funding for biodiversity conservation despite the tense financial situation of the parties. Germany has developed an innovative instrument by using revenues from the European emissions trading scheme for the conservation of biodiversity relevant for climate protection. The International Climate Initiative was proposed by Germany as a model for generating additional funding for biodiversity conservation in other countries or regions (). (6) World Heritage In January, Germany submitted the nomination of the German beech forests for inclusion in the UN Education, Scientific, and Cultural Organization’s (UNESCO) World Heritage List. The beech forests are a purely European phenomenon. Germany is at the centre of their range of distribution. Today, Europe’s natural beech forests have been reduced to a few areas. Germany’s ‘old beech forests’ are to supplement the existing world heritage site known as the Primeval Beech Forests of the Carpathian in Slovakia and Ukraine. A decision from UNESCO is expected by the summer of 2011. The following selected areas in five protected areas in Germany have been proposed for nomination: Jasmund National Park (Mecklenburg-Western Pomerania); Serrahn in the Müritz National Park (Mecklenburg-Western Pomerania); Grumsin in the Schorfheide-Chorin UNESCO Biosphere Reserve (Brandenburg); Hainich National Park (Thuringia); and Kellerwald-Edersee National Park (Hesse). The joint nomination dossier comprises an extensive description of the sites concerned and documents their globally unique character. The dossier also covers measures geared towards safeguarding German beech forest sites in the long term (BMU Press Release no. 009/10, 29 January 2010). In October, Germany received the UNESCO certificate recognizing the German-Dutch Wadden Sea as a World Natural Heritage site. To protect the Wadden Sea, the German government will make €2 million available for ten projects in the Länder of Schleswig-Holstein and Lower Saxony. ‘This will help to maintain the World Heritage Sites and support regional economy, because the protection and sustainable use of the Wadden Sea go hand in hand,’ underlined Ursula Heinen-Esser, parliamentary state secretary at the Federal Environment Ministry, who accepted the certificate on behalf of the German government (BMU Press Release 148/10, 2 October 2010). (7) Human and Environmental Health A joint initiative by the Federal Ministry of Food, Agriculture and Consumer Protection, the Federal Institute for Occupational Safety and Health, the Federal Institute for Risk Assessment, and the Federal Environment Agency aims to ban the health hazard to consumers presented by carcinogenic polycyclic aromatic hydrocarbons (PAHs) in consumer products on a European level while, at the same time, reducing their environmental impact. In recent years, several independent German consumer protection associations as well as federal and regional authorities detected high PAH contents for example in toys, plastic shoes, and tool handles. While most of the products investigated only contained moderate loads of PAH or none at all, a significant number demonstrated PAH loads that, in some cases, were dramatically high. PAH-free alternatives are available, but they can be expensive. Some PAHs were shown to be carcinogenic in animal tests. PAHs also give rise to environmental concerns due to their longevity, their tendency to accumulate in organisms, and their toxicity. The initiative prepared a so-called restriction dossier pursuant to EC Regulation 1907/2006 Concerning the Regulation, Evaluation, and Authorisation of Chemicals (REACH Regulation). This dossier contains a comprehensive presentation of the PAH loads detected in various consumer products, an assessment of the potential consumer exposition, and the resulting health and environment hazards. The dossier proposes a European-wide restriction of the use and marketing of products with PAH loads. The ministries submitted the dossier to the European Commission at the beginning of June 2010 and requested implementation of the restriction in line with the simplified procedure (pursuant to Article 68(2) of the REACH Regulation). This procedure applies to substances that are carcinogenic, mutagenic, and toxic for reproduction and that might be used by consumers or are also in mixtures and products. Now the Commission has to decide whether to swiftly translate the German proposal into a European legislation (BMU, Press Release no. 100/10, 29 June 2010). (8) Nuclear Power In December, the government coalition of Christian Democrats and Liberals extended the operation periods for nuclear power plants in Germany. On average, the operation periods have been extended by twelve years. The decision to end the use of nuclear energy in the future, which was one of the main projects of the former ‘Red-Green’ coalition, has thereby been reversed. However, the constitutional legality of the extension of the operation periods for nuclear power plants is still controversial. With the extension, the task of supervising the nuclear power stations is extended in time. Currently, the Länder supervises the power plants on behalf of the Bund. According to many legal experts, the mandate to prolong this duty requires the consent of the Bundesrat under Article 87c of the Grundgesetz. In the Bundesrat, however, the Conservative-Liberal coalition government lost its majority after the election in North Rhine-Westphalia. Some Länder have already announced their intention to challenge the decision of the Bundestag before the German Bundesverfassungsgericht (B. Wegener, Recent Developments in Germany, February 2011, ). (9) Export of Waste Electrical and Electronic Equipment (WEEE) In March, the Federal Environment Agency presented a study that shows that more than 155,000 tonnes of what is sometimes hazardous electronic waste is exported annually from Germany to non-European destinations, a volume that includes some 50,000 tonnes of computer and television monitors alone. The latter often contain metals as well as flame-retardant bromide compounds such as hazardous polybrominated diphenyl ether. Even defective appliances are often re-classified as ‘functional,’ then usually shipped to Asia and Africa where they are only rarely recycled ecologically. The study findings were forwarded to affected stakeholders—in particular, the Laender—concerned federal ministries, municipal umbrella organizations, environmental and economic associations, and the European Commission (the study Optimierung der Steuerung und KontrollegrenzüberschreitenderStoffströmebeiElektroaltgeräten/Elektroschrott (in German with English-language summary) is available as a free download at ; a background paper is available at ). (10) International Environmental Co-operation and Legal Development (A) Right to Water Germany welcomed the resolution by the UN General Assembly (UNGA), which declared the right to clean drinking water and basic sanitation to be a universal human right. Germany had advocated such a decision for many years. At the UNGA meeting, the representative of Germany said that some 884 million people worldwide had no access to clean water and some 2.6 billion lacked access to adequate sanitation. Germany was committed to the Millennium Development Goals, including that of halving the number of people without access to safe drinking water and adequate sanitation by 2015, he said, adding that the right of access to both was recognized in the International Covenant of Economic, Social and Cultural Rights, alongside the right to food and others. Germany would vote in favour of the text and regretted that consensus had not been achieved, necessitating a recorded vote. Federal Environmental Minister Röttgen commented on the resolution: ‘This resolution … underlines the obligation on the part of the international community, but also individual governments, to drive forward the implementation of the set goals for improving drinking water supply and above all for providing people with basic sanitation. Water and its sustainable management are essential prerequisites for economic and social development and for providing food for a growing world population. Protecting this vital resource against overuse and pollution is therefore also a matter of economic common sense. This is why water management remains a key issue of our international cooperation’ (BMU Press Release, no. 115/10, 29 July 2010). (B) New Offices for the Secretariat of the UN Framework Convention on Climate Change (UNFCCC) The UNFCCC Secretariat, which is located in Bonn, will increase its staff numbers to around 600 by the end of 2011. This considerable increase in staff is linked to the expansion of tasks—that is, in the context of the implementation of the Kyoto Protocol and the preparation and organization of international climate conferences. New tasks arise from the growing complexity of international negotiations. To meet the increasing demands for work space, the Federal Environment Ministry has commissioned the construction of a new building for an additional 330 employees in the UN campus in Bonn. This will strengthen Bonn as a location for UN specialized agencies, in particular, in the fields of environment and development. (C) Efficiency in International Environment Policy UNEP Governing Council agreed to develop concise proposals on how to organize international environment policy much more efficiently. Germany welcomed this proposal and noted that currently the UN is not positioned very well in the environmental field. The UN Environment Programme in Nairobi must be enhanced and turned into a powerful international organization for the environment. Federal Environment Minister Röttgen is a member of a consultative group of ministers that is to pave the way for a fundamental reform of the UN in the environment field. The results of the consultative group of ministers will be fed into the preparations for the UN Conference on Sustainable Development scheduled for 2012 in Rio de Janeiro. The UN environmental reform will be one of the focal issues at the summit conference. (D) Bilateral Co-operation On 9 March, the president of the Maldives Mohamed Nasheed and Federal Environment Minister Norbert Röttgen agreed on intensifying co-operation. The Maldives are particularly threatened by climate change and thus have to make substantial adaptation efforts. They have also launched the ambitious goal of becoming climate neutral by 2020. The Federal Environment Ministry will, therefore, look into which Maldivian climate projects could be supported in the years to come under its International Climate Initiative. With the initiative launched in 2008, the Federal Environment Ministry finances projects on emissions reduction, conservation of biological diversity, and adaptation to climate change in developing, newly industrializing, and transition countries. Emissions trading revenues are the source for project financing. (11) Law and Jurisprudence (A) Reform of Environmental Law On 1 March, the new Federal Nature Conservation Act (BNatSchG) and the Federal Water Act entered into force. With this step, a nationwide statutory basis applies that harmonizes nature conservation and water legislation at a high level. The previous framework legislation is repealed. Owing to constitutional amendments, these acts are now the binding basis for action for citizens and the work of the enforcement authorities in the Länder. The new Consolidation of Laws Act for the environment for the first time envisages the regulation of environmental impact assessments for certain water management and forestry projects at the national level. The new BNatSchG considers the conservation of biological diversity the most important goal of nature conservation legislation. The act protects the diversity of species, habitats, and the genetic diversity of individual species of plants and animals and aims to counteract threats to natural and near-natural ecosystems. For the first time, nationwide directly applicable provisions have been introduced for the overall protection of wild animals and plants as well as for controlling and combating invasive species. The BNatSchG aims to enhance local acceptance. At the local level, the drawing up of plans is envisaged to be cause-related rather than mandatory. Provisions governing interventions in nature and landscape have been made more flexible to facilitate practical application. Compensation measures can now be carried out in the respective natural areas, which cover an average area of four to five districts. It has also been made very clear that particularly suitable agricultural land may only be used to the necessary extent. The new Federal Water Act puts nationwide uniform requirements in place for the first time for the management of surface and coastal waters and for ground water. Another novelty of this act is that it contains provisions on the principles of public water supply and the protection of medicinal springs. The regulations on the management of surface waters are supplemented with provisions concerning minimum water flow, passability, use of hydro power, and riparian zones. These provisions achieve a balance between the use and the protection of water bodies. For example, adequate measures for the protection of fish populations are necessary for the future use of hydropower. In the future, it will be prohibited to turn grassland into arable land in riparian zones that measure five metres in breadth. The same applies to the removal of site indigenous trees and bushes, the use of substances hazardous to water, and the permanent depositing of items that may hinder water runoff or that may be carried away by the water. The legal framework for flood control, which had been significantly extended by the Flood Control Act of 2005, has been developed into comprehensive regulations. At the same time, EC Directive 2007/60 on the Assessment and Management of Flood Risks has been transposed into German law (BMU Press Release, 025/10, 26 February 2010). (B) Case Law On 16 December, the Advocate General Eleanor Sharpston at the European Court of Justice (ECJ) delivered her opinion in a case concerning the standing of non-governmental organizations (NGOs) and the transformation of EC Directive 2003/35 Providing for Public Participation in Respect of the Drawing up of Certain Plans and Programmes Relating to the Environment into German law. On 27 March 2009, the High Administrative Court of North Rhine-Westphalia/Oberverwaltungsgericht (OVG) Münster (Decision of 8.3.2009, 8 D 58/08.AK) referred the case to the ECJ (Case C-115/09 (TrianelKohlekraftwerkLünen) OJ. C 141, 26). The OVG asked the ECJ whether NGOs must have standing to fully address the conformity of public planning decision and EC law. Advocate General Eleanor Sharpston suggests that, in answer to the questions referred by the Oberverwaltungsgerichtfür das Land Nordrhein-Westfalen, the Court should rule as follows: (1) Article 10a of Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment, as amended by Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003 providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment and amending with regard to public participation and access to justice Council Directives 85/337/EEC and 96/61/EC, requires that environmental NGOs wishing to bring an action before the courts of a Member State in which administrative procedural law requires an applicant to maintain the impairment of a right should be permitted to argue that there has been an infringement of any environmental provision relevant to the approval of a project, including provisions which are intended to serve the interests of the general public alone rather than those which, at least in part, protect the legal interests of individuals. (2) In the absence of full implementation into national law, an environmental NGO is entitled to rely directly on the provisions of Article 10a of Directive 85/337/EEC, as amended by Directive 2003/35/EC. Advocate General Sharpston thereby confirmed the position of the plaintiff, the Bund Umwelt, and Naturschutz Deutschland (see also B. Wegener, ZUR 2011, 84). By order of 13 September, the Higher Administrative Court in Lüneburg rejected the action of the island community of Borkum against the approval of an offshore wind farm as inadmissible (Az 12 LA 18.9, ZUR 2010, 539). According to the reasoning of the court, the community is not affected in its right to self-government. The community of Borkum had claimed that tourism—the community’s main source of income—would be negatively affected by the occasional but minor visibility of the wind farm (B. Wegener, Recent Developments in Germany, February 2011, ). In a preliminary ruling, the ECJ clarified two aspects of EEC Directive 92/43 on the Conservation of Natural Habitats and of Wild Fauna and Flora (Habitat Directive) (ECJ Case C-226/08). The case concerned parts of the river Ems in Northern Germany, which were to become sites of community importance (SCIs). The city of Papenburg depends on the Ems remaining navigable for large ships and fears that, if parts were included in the list of SCIs, the dredging operations required for that purpose would in future, and in every case, have to undergo the assessment provided for in Article 6(3) and (4) of the Habitat Directive. Papenburg brought a case to a German administrative court, which posed a question on the interpretation of EEC Directive 92/43 to the ECJ. The ECJ ruled that the directive must be interpreted as not allowing a member state to refuse to agree to the inclusion of sites on grounds other than environmental protection—for example, economic reasons. Furthermore, from Article 6(3) and (4) of the Habitat Directive, it follows that ongoing maintenance works in respect of the navigable channels of estuaries, which were already authorized under national law before the expiry of the time limit for transposing the Habitat Directive, must, to the extent that they constitute a project and are likely to have a significant effect on the site concerned, undergo an assessment of their implications for that site pursuant to those provisions where they are continued after inclusion of the site in the list of SCIs pursuant to the third subparagraph of Article 4(2) of that directive (EEL News Service 2010/1, 25 February 2010). © The Author 2012. Published by Oxford University Press. All rights reserved. For permissions, please e-mail: journals.permissions@oup.com TI - 8. Western Europe/B. Germany JF - Yearbook of International Environmental Law DO - 10.1093/yiel/yvs021 DA - 2010-01-01 UR - https://www.deepdyve.com/lp/oxford-university-press/8-western-europe-b-germany-67Z2p8M6En SP - 370 VL - 21 IS - 1 DP - DeepDyve ER -