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Resource Renewal Institute |
RRI Green Planning Archives: Germany Environmental Policy In Germany 1. History
1. Principles 1 Leadership and Politics 1. History The first ordinances on health and cleanliness in Germany were decreed in the fourteenth century as well as forest bans in order to protect the woods. In 1560 the first ordinance on controlled waste disposal was implemented in Hamburg. But the public and political environmental awareness rose with the "Club of Rome" report on the limits of growth in 1968. Environmental policy based on administrative authorities in Germany started in 1971, when the Federal Government drew up their first strategies in an environmental program. As one part of the program the Board of Experts on Environmental Issues was established. The board describes the environmental situation in Germany and publishes their results periodically every two years. It should also offer recommendations for politicians to take action and additionally draw up special opinions and comments. Three years later the Federal Environmental Agency was founded. The agency investigates, describes and assesses the state of the environment, in order to recognize sources of harm to humans and the environment as early and in as much detail as possible. It also produces expert support for the activities of the German environmental and other ministries and provide them with proposals for effective measures to be taken. In the 70s and 80s several environmental laws were implemented, e.g. the Energy Conservation Act in 1976, the Chemicals Act in 1980 and the Atomic Control Act in 1985 as well as the Waste Water Charges Act and the Washing and Cleansing Agents Act in 1987. The Ministry for the Environment, Nature Protection and Reactor Safety was set up by the Federal Government in 1986 to implement the goals of environmental policy, based on the principles of safeguarding creation, of a social market economy with environmental responsibility, and of sustainable development. It is responsible for all fundamental matters of environmental policy, including transfrontier cooperation, water management, waste management, noise abatement, environment and health, protection against hazardous substances, nature conservation, soil protection and contaminated sites, safety of nuclear facilities and protection against radiation, and disposal of nuclear materials. New challenges for environmental protection have emerged since 1990 from the restoration of Germany's political unity, from European integration and the greater scope for action within the international community of states. The National Commission for Sustainable Development was set up in 1991 by the German Chancellor Helmut Kohl to advice the preparation for the UN Conference on Development and the Environment in Rio de Janeiro in June 1992. After the conference its work is continued and its task is now to consult the government in the after-Rio-process. The commission, which consists of 36 participants, now serves as a discussion platform for different social groups and members of the government, of states and communities as well as representatives from areas like science and research, trade an industry, unions, agriculture, women's and youth issues and of course environment and development, like NGO's. In 1994 the principle of sustainable development was defined in the constitutional law of Germany (Art. 20a GG). 2 Areas of Concern Germany's high population density, industrialization level, location in central Europe and dependence on fossil fuels for its energy supply have contributed to making environmental protection a public concern and a policy priority. The decoupling of economic growth from the flow of several major pollutants over the past two decades is indicative of Germany's remarkable achievement in reconciling economic growth and environmental objectives. 2.1 Air Management By the end of the 1960s air pollution levels in western Germany were fairly high because of the level of industrialization, the density of population and the reliance on fossil fuels for energy production. Germany is also subject to transfrontier pollution. Recognition that air pollution in certain industrialized areas was a danger to health and subsequent attention given to the role of air pollution in damage to forests ("Waldsterben") prompted the approval and implementation of a series of laws and regulations dealing with stationary and mobile sources. The implementation of the air management program occurred in parallel to energy programs developed as a result of the oil crisis. The area of greatest concern relates to emissions from the road transport sector. Experience with measures already taken for passenger cars shows that significant traditional pollutant reductions per vehicle have been achieved, but overall growth in the number of passenger cars and their use has more than offset these reductions. Control measures adopted for heavy-duty vehicles have not been fully effective because freight transport volume has increased. Given the European Community emission standards in force in Germany, reductions in total emissions from heavy-duty vehicles cannot be expected. The German air management program is mostly based on a combination of emission standards, the use of best-available technology, fuel quality standards and product standards. The main advantage of this approach is the uniformity of regulations addressing numerous substances and various source categories across the country. Stringent emission standards have been set for all western Germany and 14 000 installations in eastern Germany are affected by ambient air quality standards and deposition values. Al a whole, German environmental regulations concerning air pollution are among the most demanding of the industrialized member countries. 2.2 Wastes and Contaminated Site Management In the early 1970s, Germany recognized that national action to coordinate the control of wastes was needed. The Waste Disposal Act was put into force in 1972, and was subsequently amended several times to take account of changing conditions and needs. In 1986, a new Waste Avoidance and Management Act was adopted. Every second, 8.5 tonnes of wastes are generated in Germany, excluding agricultural wastes. In 1990, these wastes included 25 million tonnes of municipal wastes and 241 million tonnes of production-related wastes. It should be noted that wastes generated by the manufacturing sector of the German economy remained fairly constant at a time when GDP was growing, indicating that the key goals of waste prevention are being met for this sector. The same general result is observed for municipal wastes sent for final disposal, which have not increased despite real economic growth averaging nearly 2,5 per cent per year between and the end of 1990. The Government attributes much of this result for domestic wastes to high recovery rates for paper, glass and metal from the domestic waste stream. Former waste disposal sites or former industrial sites which, have been found to be a potential source of unacceptable risks to man or the environment, are called contaminated sites (CSs). Projections suggest that there could be over 200000 potential CS s in Germany as a whole, entailing expenditures of DM 390 billion for identifying sites, risk assessment and remedial action. This cost represents in the order of 10 per cent of Germany's GDP. However, to date, total expenditures on addressing CS s have probably not exceeded a few billion DM. 2.3 Water Management Germany is endowed with relatively large quantities of freshwater resources. By the end of the 1960s, water pollution in Germany began to cause great concern as a result of significant increases in industrial activity and pollution. The Federal Government in western Germany and the Laender made water protection a major focal point of their activities and initiated a large number of measures designed to improve water quality as quickly as possible and with lasting effect, in both national and international water basins. There are a variety of causes of pollution of the aquatic environment in Germany. The main sources include: household waste water, industrial activities, agriculture production, air pollutants, mine seepage, waste deposits and navigation. The 1986 Federal Water Management Act stipulates that all emissions of waste water must be purified prior to their discharge according to minimum requirements and, in the case of waste water containing dangerous substances, using "best-available technology". Ground water is of vital importance in Germany as it provides approximately 70 per cent of all drinking water. Ground water supplies thus receive special protection, and in the interests of existing and future water supplies, conditions for the establishment of water protection areas have been specified in the Federal Water Management Act. 2.4 Energy Management The main problem is less the depletion of non-renewable energy sources, but first and foremost the limited capacity of the environment (the atmosphere) to absorb the greenhouse gas CO2 emitted during the combustion of fossil carbon. Humankind has far more fossil carbon resources than the necessity of climate protection will permit it to use in the foreseeable future, if the greenhouse effect is to be combated effectively (Enquette Commission, 1994, p. 1091). Unless corrective action is taken, mean global surface air temperature will increase by two degrees Centigrade by 2100 according to the "best estimate" data (across a range between 1 and 3.5°C). The average sea level would rise by 50 cm from the present to 2100 as a result of such higher temperatures, according to best estimates; the figure range from 15 to 95 cm, depending on scenario (Sustainable Germany, 1997, p. 33) Reducing emissions of carbon dioxide is the most important element of sustainable energy supply. If rises in global temperature are to be limited to 0.1°C per decade, CO2 emissions worldwide must be reduced by 50 per cent by the year 2050. In order to allow less developed countries room for economic development, industrialized countries must even reduce their CO2 emissions even further, by 70 to 80 per cent over this period. This can be achieved only through a drastic reduction in energy consumption, however by no means has every technological possibility for increasing energy efficiency as yet been exhausted. Energy Consumption in Germany Every form of energy use has impacts on the environment, and the respective environmental stresses are highly diverse. Until the late 1980s, the environmental debate in Germany was centered primarily on emissions of air pollutants such as dust, sulfur dioxide and nitrogen oxides, and on the risks associated with nuclear energy (operation of nuclear power stations and the disposal of radioactive waste). A new awareness for the dangers of human-induced climate change has diverted attention to the emissions of greenhouse gases invariably produced through the production and use of energy. However, other environmental impacts must not be neglected, examples of which include: large-scale destruction of landscapes through the production of coal, crude oil and other energy sources; marine and coastal pollution caused by off-shore production of oil and the transport of oil, especially from tanker accidents; disastrous environmental effects of large-scale water development projects. Over the period 1970-89 energy consumption in western Germany did not increase. Coal, lignite and oil-based energy production are now less than they were in 1970 and a significant shift from coal use to natural gas has been observed in the case of stationary sources. Since 1987 Germany has seen a downward trend in the consumption of primary energy. This trend is mainly attributable to the upheavals in the east German economy since the political unification of the Federal Republic of Germany and the former German Democratic Republic in 1989. It is also due to the recession of recent years. It is therefore unlikely to continue at the same rate in the years to come. Primary energy consumption in Germany fell by about 8 per cent between 1987 and 1994, a major proportion of this reduction being achieved in the east German states, where primary energy consumption declined by around 46 per cent. That rapid decline occurred primarily in the industrial sector between 1989 and 1991. However, it would be wrong to conclude that the decline in consumption was caused exclusively by the collapse of the east German industrial base under market economy conditions. The east German states experienced significant economic growth after 1991, but primary energy consumption continued to fall. The Role of Renewable Energies in Germany The amount of electricity generated in Germany from wind power increased in 1995 alone by 60 per cent relative to 1994 (from 0.9 to 1.5 billion kWh); however, consumption of electricity increased the same year by 9 billion kWh, which is 15 times the absolute growth in wind energy generated. This example is a clear indication that renewable energies can only contribute in a substantial way towards protecting the climate and resources if serious efforts are made to implement rational energy use, and thus bring about a substantial reduction in primary energy consumption. The aim of the German Government is now a 25 per cent reduction of the emissions of carbon dioxide until 2005 compared to the emissions in 1990. 2.5 Mobility Within the current transport policy framework conditions, it can be expected that the number of automobiles in Germany will rise by 31 per cent between 1990 and 2005; the total increase in motorized personal travel will reach 37 per cent. In the case of commercial vehicles, still greater increases (40 per cent) are expected. Through technological improvements, the emissions of air pollutants by individual vehicles will be clearly reduced. Nevertheless, in other areas, such as noise, land consumption or emissions of CO2 , environmental impacts will rise due to increased traffic volumes. 2.6 Food Production Agriculture and food production in Germany are associated with a heavy burden on the environment. Some 50% of Germany's land area is used for agriculture. Excess nitrogen and phosphates from agriculture (for example from fertilization) pollute soil, water and air to a considerable extent. The disappearance of plant and animal species in Germany is very much due to intensive agricultural land use. Pollution of the environment from the transportation of foodstuffs is also becoming increasingly significant: journeys made and the distances covered are increasing - above all in road haulage and air transportation. 2.7 Textiles Sustainable development demands a more integrated perspective on the environmental soundness of products and production processes. The extent of pollution becomes clear only when the complete production process, from raw materials extraction through production and use to disposal, is considered. By means of so-called substance flow management, the throughput of natural resources and pollution of the environment with harmful substances during the manufacture and use of products should be kept to a minimum. In addition, all participating actors should voluntarily work together to find potential for improving environmental protection. This was studied using textiles as an example. In Germany, 6.3% of private income is spent on clothes, putting it at the top of all industrialized countries. The manufacture of textiles involves numerous burdens to the environment, such as those caused by cotton growing. Almost 20 million tonnes of cotton are harvested annually across the world. Large quantities of crop protection agents are used during growing, and the soil and water suffer from these single-crop farms. The manufacture of one kilogram of cotton fiber uses about five tonnes of water. Global, uniform standards for the environmentally sound cultivation of cotton could reduce this environmental stress. 2.8 Changing Consumer Habits About 30 to 40% of all environmental problems can be traced back, directly or indirectly, to current consumption patterns. In a sustainable Germany, therefore there must be a change in consumer habits. These habits result from more than a mere lack of consumer awareness. They are often the product of social and economic framework conditions which frequently leave scarce room to maneuver with respect to lifestyle choices. Altering consumer behavior is not a moral crusade preaching only the need to renounce luxuries. It is rather the generation of broad value sets, new sociocultural trends and lifestyles. II Green Planning1. Principles 1.1 Principles of German Environmental Law Environmental law in Germany is based primarily on the precautionary principle, the "polluter pays principle" and the principle of cooperation. For many years, these three principles have enjoyed full acceptance by all those involved in the establishment and application of laws, as well as by the scientific community. Since 1990 the legislature has been obliged to observe these principles by virtue of a special regulation in Article 34 (2) of the Unification Treaty. They may also be used, without further adaptation, as the basis for the legal changes needed in order to pursue sustainability. The European Community's environmental policy, too, "shall be based on the precautionary principle and on the principles that preventive action should be taken, that environmental damage should as a priority be rectified at source and that the polluter should pay" (Article 130r, para. 2, sentence 2 ESCS Treaty). The Precautionary Principle The only one of these principles that relates explicitly to goals and objectives is the precautionary principle. In essence it states that environmental risks and damage shall be avoided as far as possible from the very outset, e.g. that they should not occur or develop in the first place. The Polluter Pays Principle According to the polluter pays principle, the costs for environmental remediation and compensatory measures must be borne by the party or parties responsible for causing the damage. The latter must similarly pay the costs incurred in preventing such damage (costs for approval or monitoring). The object is to internalize the external costs of environmental protection (costs the public must bear otherwise) by allocating them to the individual agents. The cost-allocating principle prevents too wide a gap opening up between the private and social costs of economic activities such as consumption and production, and thus avoids the misdirection of capital flows and reductions in economic performance. Regardless whether the internalization of externalities is achieved by regulations, charges, liability regulations or other policy instruments, it can be effective in reducing the consumption of natural resources to a sustainable level. The Principle of Cooperation The principle of cooperation relates to the framework within which objectives are pursued. It emphasizes that environmental protection is a matter for which not only the state is responsible, and that the latter cannot achieve environmental protection by merely imposing it as an obligation on industry and society. On the contrary - what is needed is an approach for achieving environmental objectives that is based on maximum division of labor, cooperation and consensus. One core aspect is that decisions are based on all actors being informed to the same high degree. Another is that the purpose of the principle is to reach acceptance of environmental measures among all those involved or affected. Examples of such cooperation are public-law contracts or environmental commitments by sectors of industry ("voluntary commitments"). In the approval procedures for environmentally hazardous projects, participation by the public and by bodies representing the public interest are an expression of the cooperation principle. 2. Policy Development 2.1 The Basic Law (the German Constitution) The legislature, the executive and the courts are all bound to the constitution. Although the Basic Law in Germany does not contain any provisions that use the term "sustainable development", the basic human rights laid down in the constitution, even before the constitutional reforms of 1994, place the state under an obligation to protect the life, health and property of the individual, which implies the environment must also be protected. From these and other constitutional norms, it is possible to derive environmental protection as a duty and goal of the state, however vague that goal may be. Article 20a, which was added to the Basic Law in 1994, expressly commits the state to protect the natural basis for life. The Article explicitly states that this duty also includes "responsibility for future generation". In this way, the constitution directly addresses the question of sustainable development. Although this definition of the fundamental aims of state policy does not substantiate any right on the part of the individual to bring an action against the state in environmental protection matters, the addition of Article 20a to the Basic Law established a legal standard that compels the state to measure its activities against this goal. The German constitution is not only open towards a legal regime for ensuring sustainable development - it actually requires that such a system be operated. 2.2 National Authority & Intra-Governmental Coordination The Federal Republic of Germany is a federally organized state, i.e. state duties are distributed between central Government (Bund) and the federal states (Laender). The Constitution of the Federal Republic of Germany guarantees the regional/local authorities (municipalities, communities and rural districts) the power of self-government, i.e. the authority to regulate local community matters on their own responsibility within the limits possible in law. Moreover the Laender have conferred powers to enforce many local aspects of national and parliamentary legislation upon the municipalities and rural districts. The Constitution also governs the confines of legislative power between federal Government and Laender as well as the execution of federal law. Therefore the Land and local environment administrations are responsible for implementing environmental protection in the Federal Republic of Germany. As in most countries, there is no uniform, concise codification of environmental legislation yet, although it is going to be developed. Environmental law cuts across other areas with varying legislative arrangements. In most cases, federal law supersedes Laender laws. Areas which are overwhelmingly regulated through federal law include nuclear power, waste management, air quality management and noise abatement. Nature conservation, landscape protection and water management are areas where only framework legislation can be passed at the federal level. So the more specific regulation of these areas remains in the domain of the Laender, which determine the precise institutional forms of implementation. Often, tasks are delegated to lower levels of Laender administration or to municipal level. In addition, special authorities exist for the enforcement of environment law when a high degree of technical knowledge is required. Examples include water management authorities, air and noise control agencies and institutes charged with supervising soil quality. In general administration of environmental protection at the Laender level is structured according to environmental sectors: waste, water, air and nature conservation. Coordination of activities carried out in the various Laender and between the Laender and the federal level is essential to the success of environmental protection efforts in Germany. This requires organization efforts which go beyond the framework provided for in legislation. Consequently, a number of commissions and working groups exist for various environmental sectors. Both the Federal Government and the Laender administrations are members of these working groups. Of particular importance in this context is the Conference of Environment Ministers which groups the environment ministers of the Laender and the Federal Minister for the Environment. Municipalities are at the third level of environment administration. Typical tasks carried out by communities are urban traffic planning and regulation, municipal waste management, cleaning-up of contaminated soil, waste water management and noise protection. Many municipalities, local authorities and rural districts have taken on a pioneering role in protecting the environment at local level, e.g. in urban ecology or in methods of environmentally friendly procurement. 2.3 Consultation Process There are nation-wide, long-term, political, cross-sectural and comprehensive approaches to realize a sustainable development in Germany. Following institutions consisting of members with different backgrounds are working on a long-term environmental plan for Germany's sustainable development: Since 1971: As one part of the first environmental program of the Federal Government the Board of experts on Environmental Issues (http://www.umweltrat.de/). was established in 1972. The 7 members of the board are chosen by the Federal Ministry for the Environment for a four-year period. They are working within areas like business, social science, politics, environmental science, ecology, justice and engineer science. The board describes the environmental situation in Germany and publishes their results periodically every two years. It also offers recommendations for politicians to take action and additionally draw up special opinions and comments. Since 1974: The Federal Environmental Agency investigates, describes and assesses the state of the environment, in order to recognize sources of harm to humans and the environment as early and in as much detail as possible. It also produces expert support for the activities of the German environmental and other ministries and provide them with proposals for effective measures to be taken. The Agency publishes an annual report on the environmental status of Germany. This report is published at can be obtained in printed form, and also as CD-ROM, free of charge from: Umweltbundesamt In 1997 the Federal Environmental Agency drew up a study called "Sustainable development in Germany - Progress and Prospects" (can be downloaded also in English). The results discovered in that study are used by the Federal Ministry for the Environment to compose a Environmental-political Key Program. 1986: The Ministry for the Environment, Nature Protection and Reactor Safety (http://bmu.de) was set up by the Federal Government in to implement the goals of environmental policy, based on the principles of safeguarding creation, of a social market economy with environmental responsibility, and of sustainable development. It is responsible for all fundamental matters of environmental policy, including transfrontier cooperation, water management, waste management, noise abatement, environment and health, protection against hazardous substances, nature conservation, soil protection and contaminated sites, safety of nuclear facilities and protection against radiation, and disposal of nuclear materials. 1991: The National Commission for Sustainable Development was set up by the German Chancellor Helmut Kohl to advice the preparation for the UN Conference on Development and the Environment in Rio de Janeiro in June 1992. After the conference its work is continued and its task is now to consult the government in the after-Rio-process. The commission, which consists of 36 participants, now serves as a discussion platform for different social groups and members of the government, of states and communities as well as representatives from areas like science and research, trade an industry, unions, agriculture, women's and youth issues and of course environment and development, like NGO's. On July 1st 1996 the former Federal Minister of the Environment, Dr. Angela Merkel invited people in politics, economics and society, having some kind of environmental responsibility to participate in a discussion process to work out political priorities on the way to gain a sustainable Germany. The initiative consists of six workgroups with around 30 members of representatives from the Federal Government, from the states, the communities, NGOs, from the business sector, the unions, from science sector and churches. Altogether around 130 institutions and federations participate. A first draft was published in April 1998, containing focal points with precise action field targets, measures and participants which are summarized in five main topics:
They also developed system of indicators, called the "Umwelt-Barometer", the environmental barometer to measure the success of the implemented steps toward sustainability. 3. Policy Implementation 3.1 Air Management While emissions can be attributed directly to economic activities, ambient air quality or concentration values (immissions) are influenced by the properties and characteristics of the pollutants, as well as their emission, transformation and dispersion in the atmosphere. The Federal Immission Control Act provides the legislative framework for the air pollution program in Germany. The Act sets the following overall objectives: protection of humans , animals, plants, environmental media (air, water, soil), cultural assets and other material goods from harmful effects by meeting ambient air quality standards governing acceptable ground level concentrations; and observation of the principle of preventive action by requiring the use of current "state-of-the-art" techniques, e.g. the application of the best-available technically feasible and appropriate control technology for the reduction of pollutant emissions. The Act lays out the basic requirements and framework for licensing of industrial facilities, air pollution monitoring and enforcement. To reduce traffic-related air pollution, the Act addresses fuel quality measures to reduce emissions from motor vehicles and for construction of traffic routes. These provisions also include measures to abate and prevent smog and excessively high air pollution levels. The federal authorities are required to identify by ordinance the types of facilities which are subject to licensing, establish licensing requirements, and set emission limits and technical control requirements for licensed and non-licensed facilities. The Act also requires the appropriate Laender or federal authorities to implement specific regulations on air quality monitoring and reporting. The Federal Government has issued more than twenty ordinances aimed at implementing the requirements of this Act; these include regulations on large combustion installations, small fossil fuel-fired installations and waste incineration plants; emissions limitation of volatile halogenated hydrocarbons; controlling the sulfur content of light fuel oil and diesel fuel; licensing requirements; and hazard prevention. In addition three administrative regulations have been issued under the Act. The most important of these, and probably the most significant regulation for industrial sources, is the Technical Instruction on Air Quality Control (hereafter the T.I. Air). This instruction sets specific technology-based emission limits for numerous pollutants, requires stringent control technologies for new and existing industrial facilities, and sets ambient air quality standards. It addresses almost all significant industries individually, and sets a timetable of three to eight years to retrofitting of existing installations (1989-94 in western Germany, 1996-99 in the new Laender). Its basic objectives include the application of state-of-the-art control technologies, pollution prevention, recycling and reuse of waste gases, and the use of increased energy efficiency techniques. In order to reduce pollution related to motor vehicle use, the Federal Government has taken a series of measures concerning emission controls and fuel quality and has implemented the regulations and emission standards for motor vehicles set out by the European Community. These include in particular:
While the federal authorities develop national legislation and regulations, the Laender have full responsibility for implementing and enforcing these regulations by granting permits, setting penalties, fines or sanctions, monitoring ambient air pollution, and identifying so-called investigation and smog areas. The Laender are also responsible for developing emission inventories and air pollution abatement plans for these areas. They may also adopt regulations to manage genuinely unique local air pollution problems, such as traffic control in smog-prone areas. 3.2 Wastes and Contaminated Site Management Germany has adopted an elaborate legal framework for its waste management programs. Its three objectives are:
German disposal standards are among the strictest in the world. The enforcement of these standards falls to the Laender. Broadly speaking, wastes must be disposed of in the Laender where they are generated, and this usually occurs. However, a small fraction of hazardous waste is being exported. The extremely stringent technological requirements aimed at achieving a reduction of risks from industrial wastes, and especially hazardous wastes, have led to very high prices for disposal of a wide variety of wastes in Germany. Municipal solid wastes (MSWs) include household wastes, bulky wastes (e.g. old refrigerators) and commercial wastes (similar to household wastes). Germany has achieved a stabilization of municipal wastes while other countries have suffered a large increase during the period 1975-1990. A small fraction of MSWs is being exported to neighboring countries. The Packaging Ordinance The German Government found out that packaging represented essentially one-quarter by weight and nearly on-half by volume of the entire MSW burden and decided to launch new initiatives to reduce MSWs by shifting an appreciable part of the costs of collection and disposal onto those whose products heavily contribute to the MSW inventory, and by significantly increasing the quantities of MSWs subject to recovery operation. The guiding principles for the new German policy concerning MSWs—and indeed all wastes—are as follows:
These principles are implemented through the Packaging Ordinance of 1991, which aims to reduce the amount of packaging used whilst preserving product quality. The underlying objective of the Ordinance is that the generator of the packaging must collect the packaging, whether for reuse of for proper disposal. Up to 8 million tonnes of packaging are targeted for recycling and recovery operations annually through the operation of a private-sector collection and disposal system which runs parallel to the current municipal system. The private system called Duales System Deutschland (DSD), uses a "green dot" system, whereby each item to be collected is marked with a green dot costing up to DM 0.2 to the generator. The benefits envisioned from these costs include:
Since the implementation of the Ordinance the consumption of packaging per capita is reduced from 94.7 kg in 1991 to 82 kg in 1998, which represent a decline of 13.4 per cent of packaging. In 1998 5.6 million tonnes of packaging has been recycled. On May 29, 1998 the Bundesrat agreed to the Amendment of the German Packaging Ordinance. The objective is to support efforts that have already been made to prevent packaging, to achieve even higher recycling rates and to implement the EC Directive of December 20, 1994 on Packaging and Packaging Waste into national law. Economic instruments Certain integrated waste management and disposal facilities were heavily subsidized by the German Government during the 1970s and early 1980s. The government also provides aid for small and medium-sized enterprises (SMEs) to help them to reduce wastes. For example, low-interest loans are available for up to 60 per cent of investment costs of technologies for cleaner production and products. Also, the German Government and the Confederation of German Industry act together to provide advice and some professional consultation services at no charge to SMEs seeking ways to reduce waste generation. In addition, Germany has a strict liability regime for those who pollute soil or water. This encourages firms to reduce wastes since they could later be faced with huge cleanup costs and an image problem if they become involved in a public court case. 3.3 Water Management In Germany the authority to establish water quality objectives in surface or ground water rests with the Laender. Water Protection Areas Ground water supplies, which are of vital importance in Germany, receive special protection, and in the interests of existing and future water supplies, conditions for the establishment of water protections areas have been specified in the Federal Water Management Act. The concept of water protection areas assumes that by regulating land uses around wellheads, pollution of the water supply can be prevented. Water protection areas have been established for approximately 11 per cent of Germany's area. However, ground water quality itself is not subject of federal standards. The Water Management Act requires in particular that all emissions of water be purified prior to their discharge according to "best management practices", and in the case of toxic substances, according to best-available technology. Drinking Water The drinking water program in Germany is well grounded in law (the Foodstuff and Consumer Goods Act) and is being implemented in a comprehensive and effective manner. German legislation in this area is frequently updated, most recently in August 1998. The arrangement between the Laender and the Ministry of Health with respect to reporting on compliance with federal drinking water requirements is of particular interest: the Laender have agreed to voluntarily report to the Ministry of Health on a quarterly basis on the status of compliance of all water systems. The water suppliers must report any instance of noncompliance to their customers. Where there is noncompliance, the water supplier and the Laender negotiate the necessary rehabilitation program, which includes a full list of action needed to correct the problem. The negotiated agreement also contains dates for completion of each action. Intense agricultural practices on farmland are significantly and adversely affecting ground water due to the application of pesticides and of fertilizers. This problem is particularly serious because approximately 50 per cent of land is being farmed. The problem of nitrate contamination of ground water has been recognized and is being addressed by the Ministries for the Environment, health and Agriculture. The first measures taken led to a reduction of the rate of application of fertilizer. Since the 1960s major efforts have been undertaken to protect the aquatic environment with the construction of municipal waste water treatment plants and the installation of treatment equipment at industrial facilities: more than DM 100 billion were invested over the 1970s and 1980s in the construction and renewal of sewers and waste water treatment plants, and this was followed by increasing current expenditures. 3.4 Energy Management As early as 1990, the Final Report issued by the first Commission on Climate (set up by the 11th German Parliament) listed a whole series of measures and instruments for effective reduction of energy-related CO2 emissions. These recommendations have been repeated, added to and commented on frequently since then. Some of the measures recommended have been or are now being implemented. The problem, therefore, is not a lack of ideas. What is needed in order to handle the multitude of measures and instruments is a broad-based policy approach. An energy strategy must cover all sectors, such as private households, small-scale consumers, industry, transport and the energy industry itself, and deliver the relevant and appropriate instruments and measures in each case, in order to tap the CO2 reduction potential necessary for protecting the climate. Regulatory Instruments Regulatory instruments permit changes to be made to the framework within which the energy industry operates, in the interest of developing efficiency potential and enhanced use of renewable energy sources. The spectrum of regulatory instruments is wide. Examples are: Electricity-Feed law governing the sale of electricity to the grid (Stromeinspeisungsgesetz), in force since 1st January 1991; Thermal Insulation Ordinance (Waermeschutzverordnung), previous reenacted version has been in force since January 1995) Financial Instruments: Financial instruments are designed to influence energy prices in order to promote rational energy use and greater utilization of renewables. The most important financial instrument is the CO2 / energy tax. Taxing energy is a central element in all recommendations for a green reform of the public finance system. In Germany the first out of 3 steps of the eco tax reform was implemented in April 1999: the tax rate on fuel was raised by 0.06 DM per liter, the tax rate on oil by 0.04 DM per liter and the tax rate on natural gas by 0.32 DM per kWh. The eco tax reform also implied a new tax of 0.02 DM per kWh on electricity. It is planned to spend the earned money for decreasing the working costs and to support the development of new integrated environmental technologies. The implementation of the second and third step which still have to be negotiated, should be realized in April 2000 and in April 2001. More information about the eco tax reform in Germany can be found on http://www.oeko-steuer.de. Measures for Eliminating Gaps in Information and Lack of Motivation Although cost aspects play a key role in decisions concerning rational energy use and renewable energies, even steps that are clearly cost-efficient are not automatically taken. Gaps in information, uncertainty, or lack of motivation due to ignorance of complex interrelationships are the decisive obstacles to any progress. Communication information is therefore an important precondition for energy-conscious behavior on the part of consumers. This communication of information, which given the accelerating rates of innovation in all areas of life can only occur through "lifelong learning", is the responsibility of many different players. It begins in the children's nursery, and must be continued in the planning frameworks for schools, in the syllabi of the universities and polytechnics, in vocational training, in continuing and further training. The responsibility is shared by the Federal Government, the individual states in Germany, local authorities as well as industry and the craft trades and their respective federations, consumer organizations, and environmental organizations. However, changes in the basic attitudes and consumer habits of the population are also important. 3.5 Mobility Further developments in vehicle technology, for example exhaust gas reduction, can not on their own bring about the realization of sustainability in transport. Sustainable mobility requires a radical change in values and transport attitudes. The goal must be to prevent traffic which present circumstances make unavoidable, and also to use more environmentally friendly vehicles for goods transportation. Above all, a revision of the financial incentives to car users, now taken for granted, is essential. An important short-term measure is increasing the costs of transport. A well-targeted price policy can be linked to existing instruments (crude oil tax, emission-based taxation of automobiles), or set out in a new direction (distance-based charges for road use). At the same time, expansion of the public transport system and a change in residential and land-use planning (low-travel planning) is also required. In addition, reclaiming parking space and roads can reduce the land occupied by transportation. 3.6 Food Production With the use of technology and the transfer of knowledge, a large number of environmental problems can be more or less completely solved, and the same applies to the foodstuffs industry, where exploiting every technological possibility for reducing emissions can lead to considerable relief of environmental pressure. However, sustainable food production requires more far-reaching changes. Above all, the costs of a good's transportation and energy use must be appropriate, and a change in eating habits is necessary. Demand for local produce must be increased through, among other things, carefully targeted advertising and labeling. Sustainable food production requires the environmentally appropriate development of European and national agricultural policy - an agricultural environmental policy. Among others, the concrete steps necessary are:
3.7 Textiles The production, use and disposal of textiles generate high levels of emissions. Thus, to achieve sustainability, many different targets for environmental policy action must be formulated, taken into consideration and striven for. As with other basic needs and complex products, the key areas are energy, transportation and resource extraction. If environmental action targets for sustainable energy use (see 3.4) and mobility (see 3.5) are to be achieved, a major contribution will have to come from the textile sector. The production and processing of natural fibers come under the targets for sustainable agriculture (see 3.6). A characteristic feature of the textile sector is the great number of substances used in finishing and care. Efforts to shape this sector along more environmentally sound lines have concentrated for a long time on eliminating substances with particularly harmful impacts on the environment, and on developing more environmentally sound alternatives. The main examples are textile finishing agents as well as detergents and cleaning agents. Detergents are one of the first product groups for which product-lines analyses were conducted and eco-labels issued. In 1991 the national "Blue Angel" eco-label was introduced for detergents having less detrimental impact on water resources; in 1995, the European Union specified the environmental criteria for awarding the EC eco-label. A policy instrument for a single substance is insufficient by itself to tackle all the different problems arising in the course of the textile chain. What is needed is an instrument mix that takes into account the great number of different players, the existing legal framework, the interdependencies in international trade and the networked production sequence in the textile chain. To achieve sustainability, appropriate legal regulations must be enacted, and external costs determined and internalized. Comprehensive measures aimed at a general reduction in energy and material intensity, and activities for abating specific pollution and promoting ecological innovations within the framework of material flow management are both important in this regard. Also a better exchange of information between textile manufacturers and retailers, to expose unnecessary forms of stress to the environment, is as important as improved information for consumers, such as a uniform environmental label for textiles. 3.8 Changing Consumer Habits In past decades, social structures, values and lifestyles have changed considerably. This cannot be considered the result of political manipulation. The "greening" of lifestyles necessary for sustainable development can only be achieved in the long term by persuading the public with information and consistent political action on the environment. Obstacles to environmentally oriented behavior, such as a lack of information about lifestyle alternatives, personal attitudes to the environment and social acceptance for sustainable forms of consumption, must be dismantled. Thus the oft-cited gap between environmental awareness and behavior can be closed. An attempt should also be made to upgrade the perceived value of environmentally sustainable goods and services. For example, the common use of goods, such as cars (car-pools) or washing machines, should be associated with community spirit and social competence, or purchasing regionally manufactured products (reducing transportation) linked to regional identity. This strategy represents a challenge to the advertisers, who are able to generate a symbolic value beyond the immediate usefulness and demonstrative consumption of a product. 4. State of the Environment - Environmental Databases On a national level the Federal Environmental Agency, which is part of the Ministry of the Environment, Nature Protection and Reactor Safety draws up an annual report on the environment. This report is published at can be obtained in printed form, and also as CD-ROM, free of charge from Umweltbundesamt By drafting an environmental policy program framework, it points up the priorities and goals for sustainable development. With its scientific activities, the Federal Environmental Agency provides necessary help for the government in making decisions on goals and instruments. To inform the public the Federal Environmental Agency also offers a CD ROM called OEKOBASE Multimedia which costs DM 30 and contains a unique collection of various environmental databases and audiovisual media. The mainly German CD-ROM contains "OEKOBASE for Windows", environmental games, a number of film clips and much more information besides, e.g.:
5. International Context 5.1 East-West Cooperation on the Environment The state of the environment in Central and East European countries has improved over recent years. One reason for this is that the countries of the European Union (EU) have been supporting environmental protection in Central and Eastern Europe with advice and billion-dollar investments since 1990. This has now borne fruit, as the second status report by the European Environmental Agency on twelve problem areas in 44 countries shows. The environmental benefits are also good for Germany. Considerably less atmospheric pollution is being transported from East to West and the water of international river such as the Elbe has become cleaner. The European Environmental Agency was founded in 1993. It is located in Copenhagen and provides information on the state of the environment. It presented its first status report in 1995. Because of the cross-border influence of pollution, analysis of the situation in Central and Eastern Europe is of key importance to Germany. 5.2 Trans-national Environmental Protection: Preservation of Rivers and Seas In order to help preserve trans-national rivers and seas, Germany is a member of the commissions to protect the Rhine, Mosel, Saar, Elbe, Danube and the Bodensee. Preparations are also underway for setting up an international committee for the protection of the Oder. In addition, the Federal Government has ratified various treaties on the protection of the seas: OSPARCOM (North-east Atlantic) On 22/9/92 all signatories to the Oslo and/or Paris Conventions agreed on a new convention for the protection of the North-east Atlantic marine environment. The conventions on Prevention of Marine Pollution through Transport by Ship and Aircraft (12/2/72, Oslo Convention - OSCOM) and on the Prevention of Marine Pollution from the Land (4/6/74, Paris Convention - PARCOM) were thereby updated and replaced by a comprehensive convention linking the two areas. HELCOM (Baltic Sea) On 22/3/74, the Baltic coastal states agreed on the Convention on the Protection of the Marine Environment in the Baltic Area (Helsinki Convention HELCOM). It came into legal force on 3/5/80. In order that the convention take account of new marine protection requirements, a new convention with the same name was signed on 9/4/1992, which constituted a further development of the original agreement. The agreement covers all possible sources of pollution:
UN Convention on the Law of the Sea The agreement was made on 10/12/82, but did not come into force in Germany until 16/11/94. The set of treaties regulates the different sea uses (travel by ship, overflying, fishing, mining, research) as well as protection of the marine environment, and contains dispute resolution system. MARPOL This international convention on the prevention of marine pollution by ships was concluded on 2/11/73. The London Convention on the Prevention of Marine Pollution through the Dumping of Waste and Other Materials (29/12/72). The Bonn Treaty on Cooperation in Combating Oil Pollution in the North Sea (9/6/69). The Antarctic Treaty (1/12/59) with its Protocol on Environmental Protection (3/10/91). OPRC Convention An international agreement on cooperation in preparing for and combating oil pollution (30/11/1992). Convention on the Protection of the Black Sea from Pollution (21/4/92). Further international agreements on the protection of bodies of water are the: ECE Convention on Protection and Use of Trans-national Watercourses and International Seas (17/3/92) and the ECE Convention on the Cross-national Effects of Industrial Accidents (17/3/92) At the 16th consultative meeting of the signatories to the London Convention (1972) in November 1993, the dumping of low-level radioactive waste and the incineration of industrial waste and sludge at sea were banned. The dumping of industrial waste was banned until 31/12/95. The German government had already ceased dumping acid from titanium dioxide production and incineration hazardous waste at sea in 1989. Furthermore, the Federal Government has translated numerous EC and EU guidelines into national law. International Commission for the Protection of the River Rhine The Rhine pollution has always shown its particularly negative effects in the Netherlands. Fifty years ago the Dutch were already complaining about the contents of phenol and salt in the Rhine water which made supply of drinking water of large areas very difficult. That is why the Netherlands united the Rhine-bordering countries Switzerland, France, Luxembourg, and Germany to a common meeting at an early point in order to discuss problems of water protection and to look for common solutions. The "International Commission for the Protection of the Rhine against Pollution" (ICPR) was founded in Basel on July 11, 1950. Targets of the Commission:
6 Topical Discussion 6.1 Local Agenda 21 A large number of municipalities and local authorities in Germany mean to implement the decisions on long-term sustainable development of the 1992 UN Conference on Development and the Environment in Rio de Janeiro. During that conference 178 countries approved Agenda 21, a global plan of action for the 21st century. Town and local authorities in particular were called upon to implement this globally unique plan. In Germany, the key components concern energy and climate protection, transport, nature and countryside conservation, and building and land use. In order to draw together the diverse activities in this plan of action and structure them more effectively, the Federal Environmental Agency commissioned a research project on the environmental effectiveness of plans for Agenda 21, "Umweltwirksamkeit kommunaler Agenda 21-Plaene", from the International Council for Local Environmental Initiatives (ICLEI). At the extraordinary meeting of the United Nations which took place on 27th June 1997 in New York, five years after the Earth Summit in Rio de Janeiro, Agenda 21 was also assessed. In chapter 28 of Agenda 21 there is a call for "every local administration to enter into a dialogue with its citizens, local organizations and the private sector to decide on a local Agenda 21". In municipalities and other communities, the problems of environment and development are particularly serious. Not only people are concentrated into s small area, but also goods manufacture, energy and chemical use, and land use is especially intensive. The umbrella concept of sustainable development offers the chance of combating these problems with a combined approach to their social, economic and environmental aspects. Many German communities have recourse to a large store of experience in this respect. Environmental protection has already been an important component of local policy and planning over the past 20 years. Framework construction, countryside and urban development plans, as well as environmental quality reports and many other measures could form the building blocks of an integrated sustainability plan. German communities are therefore by no means just starting out on the road to a Local Agenda 21. 6.2 State Policy (Bavaria-case-study) Bavarian Environment Forum In 1996, the State Ministry for Internal Development d Environmental Affairs formed the "Bavarian Environment Forum" within the scope of the Bavarian Environmental Initiative. This has developed into a platform for dialogue with social groups on the steps required along the road to sustainable development and implementation of the Rio Agenda 21 in Bavaria. It is chaired by the Bavarian Minister for the Environment. The Environment Forum has two organisational levels: the General Meeting, at present comprising some 80 representatives of the state, local government, industry, science, associations, trade unions, the Church and the media and the working groups concentrating on specific areas of environment and industry, agriculture, local government, education, leisure and tourism, health and nature conservation. Environmental Pact of Bavaria In the implementation process of the Environmental Pact of Bavaria Industry and the State Government are working towards voluntary improvements in environmental protection . The Environmental Pact of Bavaria was concluded on Oct. 23, 1995 between Bavarian industry and the government of the State of Bavaria. It is a voluntary agreement aimed at greater protection of the environment. Both parties have set themselves the deadline of the year 2000 for additional environmental achievements in the sectors of industry, crafts and trade and with this mind have undertaken more than 180 specific commitments. A new feature of the Environmental Pact of Bavaria compared with previous self-imposed commitments by industry is that its achievements are cross-sectoral and that for the first time both sides are entering into obligations. Industry is guaranteeing achievements in environmental protection that go beyond the scope of statutory requirements, while the State is willing to make additional voluntary commitments. The Environmental Pact does not mean dispensing with environmental laws and environmental standards in force. The Most Important Achievements at a Glance: Some of industry's commitments. 1. Environmental management
2. Waste management
3. Energy industry
4. Renewable resources
5. Transport
Some of the commitments of the State Government 1. Waste management and contamination remediation
2. Promotional measures
3. Deregulation
Transperancy Creates Confidence Compliance with the commitments and obligations is regularly reviewed by the "Industry and Enviroment" working group, which drafted the agreement and is made up of representatives of the State Government and Bavarian industry. The working group ensures that results are published, so that it is possible to see exactly what the parties to the Environmental Pact have achieved. Outlook for the Environmental Pact of Bavaria The Environmental Pact is not intended as a single action, but rather as an ongoing initiative to be continuously further developed. It is the common desire of both state and industry to incorporate other commitments into this cooperation model. The more consistently industry itself assumes responsibility for implementing the objectives of environmental protection, the less state regulation is needed. Competitive Advantage through Participation in the Environmental Pact All participants are entitled to use the official "Environmental Pact of Bavaria" logo for promotional and advertising purposes, when making written or verbal reference to their particular achievements within the scope of the Environment Pact. Implementation on Regional Level For the Environmental Pact to be a success, it is important to win as many participants as possible. Local authorities - in particular the governments and county executive offices - as well as chambers and associations are called upon to provide information about the Environmental Pact at events and in publications on regional level, thus motivating companies to take part. III Future Directions1. Leadership and Politics The fact that the sustainability as a social objective has also found wide approval in Germany, gives some insight regarding individual ways through which sustainable development can be achieved. One thing is sure: the population has to revise its behavioral patterns, since this is the only way to reach a sustainable situation. Additionally the industries have to develop and to use more environmental sound technology and the government has to work together with the industry and other organizations on long-term environmental targets like emission standards. Presently in Germany, there are broad discussions on the goals and range of actions connected with the sustainability paradigm. Further, the Minister of Environment has established a range of working groups to make assessment of the existing consensus potential within our society towards sustainability, as well as to define next steps in implementing a sustainable, environmentally sound development. Also the environmental law in Germany, focused on the different media, needs to be remodeled to deal with all the different connections and interactions in the environment. In the planned Environmental Statute Book (Umweltgesetzbuch), the key environmental regulations, currently spread out through many single pieces of legislation, will be collected together, simplified, harmonised with one another and further developed. In the middle of 1992, the Independent Expert Commission on the Environmental Statute Book was set up at the Federal Ministry for the Environment, and charged with drafting the appropriate laws. The coming into force of the Environmental Statute Book is intended for the year 2000. |
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