Towards Integrated Protection of the Environment in Germany?

Abstract

In an unusual turn-about Germany is looking to Britain as a leader in implementing integrated pollution control concepts inherent in the European Community Directive on Integration Pollution Prevention and Control. The structure of Germany's environmental law illustrates fundamental flaws in the system which poses real challenges to the effective implementation of the IPPC Directive not helped by the absence of any unified body with environmental responsibilities. In particular there is a basic incompatibility between the IPPC Directive and the Federal Emission Control Act and Water Resources Management Act. Water permits are granted for a limited period of time but the authority has the responsibility to find an effective solution for the protection of water. Emission control permits, in contrast, have no built-in time-limits but must be granted by authorities if the applicant fulfills all legal requirements. This is not resolved by allowing lead coordination of permit procedures. Integration is a core concept now in EC environmental law, although Germany writers have pointed to its dangers. Substantial amendments to the Emission Control Act could be introduced to implement the Directive, although this has already been acknowledged to raise significant constitutional issues.