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Environmental Crime Legal Framework In Germany

According to the German Constitution, environmental protection has been defined as a state objective since 1994. It provides that the legislature, government and all public bodies aim to safeguard the environment and natural resources for the benefit of future generations. This objective is also embodied in all constitutions of the 16 states.

European Union legislation has played an important role in shaping the system of environmental law in Germany. Federal and state agencies have different powers with regard to enforcement, while the administrations of the states are tasked with the enforcement of federal law.

Featured Legislation

1974: Federal Emission Protection Act

It is the purpose of the present Act to protect human beings, animals and plants, the soil, water, the atmosphere as well as cultural assets and other material goods against harmful effects on the environment and, to the extent that this concerns installations subject to licensing, also from hazards, considerable disadvantages and considerable nuisance caused in any other way, and to take precautions against the emergence of any such harmful effects on the environment. The text consists of 62 articles divided into 7 Parts as follows: General provisions (I); Establishment and operation of installations (II); Nature of installations, substances, products, fuels and lubricants (III); Nature and operation of vehicles and craft, construction of and alterations to roads and railtracks (IV); Monitoring of air pollution in the territory of the Federal Republic of Germany, Clean air plans and noise abatement Plans (V); Joint provisions (VI); Final provisions (VII).

1990: Environment Frame Act

The present Act lays down provisions relating to general issues concerning the environment. In particular, the Act deals with protection against emissions, nuclear safety and protection against radiation, management of water resources, waste disposal and waste management, chemicals, protection of nature and landscape and environmental impact assessment. The text consists of 9 articles and 1 Annex.

1990: The Federal Immission Control Act was adopted and amended in 2000. The purpose of this Act is to protect human beings, animals and plants, the soil, water, the atmosphere as well as cultural assets and other material goods against harmful effects on the environment and also from hazards, considerable disadvantages and considerable nuisance caused in any other way, and to take precautions against the emergence of any such harmful effects on the environment.

1994: The Environmental Information Act was passed and substantially revised in 2005 based on the Aarhus Convention. The Environmental Information Act governs access to information held by the federal administration, serving as a blueprint for legislation in all states, which adopted equivalent laws.

  • 1994: The Closed Substance Cycle Waste Management Act was enacted and amended in 2000.​​The purpose of this Act is to promote closed substance cycle waste management in order to conserve natural resources and to ensure environmentally compatible disposal of waste.
  • 1996: The Federal Water Resources Act was introduced and amended in 2000. The Act applies to the following bodies of water:
  • Water permanently or temporarily flowing or standing in beds or flowing quickly from springs (surface waters)
  • The sea between the shore line at mean high tide for the seaward limitation of surface waters and the seaward limitation of the sea at the coast (coastal waters)
  • The groundwater
  • 1998: The Federal Soil Protection Act was adopted to oversee the rehabilitation of contaminated sites. The legislation establishes precise standards for the evaluation of contaminated sites and decision-making processes. The legislation also outlines the requirements to be met in precautionary soil protection.
  • 1998: The Federal Nature Conservation Act was signed to ensure the conservation, preservation and development of nature and landscapes, both in populated and unpopulated areas. The legislation also sets out to:
  • To maintain the efficiency of the balance of nature
  • To preserve the exploitability of nature’s resources
  • To conserve fauna and flora
  • To safeguard the variety, particularity and beauty of nature and landscapes, as a basis for mankind’s existence and as a prerequisite to recreation in nature and in landscapes

2007: The Law on the Prevention and Remediation of Environmental Damage was brought into force, embracing the ‘polluter-pays’ principle and giving incentives to operators to adopt measures and develop practices to minimize the risk of environmental damage. Environmental damage is defined as damage to habitats and species (biodiversity damage), surface or groundwater or soil.

2009: The Law on the Organization of the Water Balance was promulgated to use sustainable water management to protect water bodies as part of the natural balance, as the basis of human life, as a habitat for animals and plants and as a usable asset.

2012: The Law to Promote the Circular Economy and Ensure Environmentally Friendly Waste Management was established to promote the circular economy to conserve natural resources and to ensure the protection of people and the environment in the generation and management of waste.

Featured Case Studies: Transnational Environmental Crime, Human Security, and Biosecurity

  • The Financial Action Task Force (FATF) serves as an independent inter-governmental body that develops and promotes policies to protect the global financial system against money laundering, terrorist financing and the financing of proliferation of weapons of mass destruction. In a 2021 publication entitled “Money Laundering from Environmental Crime”, FATF outlines how it collaborated with Germany on strengthening and understanding the scale and nature of laundering from environmental crimes, sharing good practices on disruption tools. This is not the first time FATF has collaborated with Germany; in 2017: FATF and Germany worked on creating efforts to formalize gold mining sustainability standards and compiling data on the illegal importation and exportation of e-waste. More recently, the German GIZ bilateral programme “ProAmbiente II” and the GIZ Global Programme “Combating Illicit Financial Flows” (GP IFF) has assisted the Peruvian authorities in conducting a sectoral risk assessment in the mining and timber sector, implementing a new national anti-money laundering strategy. Lastly, Germany has provided technical and financial assistance to authorities in Côte d'Ivoire to conduct a similar assessment of illicit financial flows linked to gold and diamond mining.

References and Further Reading

Contacts

Federal Ministry for the Environment, Nature Conservation and Nuclear Safety contact form: https://www.bmu.de/en/service/buergerforum/your-questions-to-the-federal-environment-ministry-bmu