Environmental Leaders and Laggards in Europe by Tanja A. Börzel

Author:Tanja A. Börzel [Börzel, Tanja A.]
Language: eng
Format: epub
ISBN: 9781138258167
Barnesnoble:
Publisher: Taylor & Francis
Published: 2017-04-30T00:00:00+00:00

Germany: Complete Fit

The two Directives on air pollution control were modelled on the German technology oriented, precautionary, emission based problem-solving approach in combating environmental pollution. The Federal Immission Control Act (Bundesimmissionsschutzgesetz/BimSchG) of 1974 served as the blueprint for the Industrial Plant Directive while the Large Combustion Plant followed the German Large Combustion Plant Ordinance (Großfeuerungsanlagen-Verordnung/GFAV). As a result, the two Air Pollution Directives did not produce any significant adaptational pressure for Germany.

The German regulatory structures for combating air pollution by industrial plants date back into the late 19th century. From the very beginning, they entailed a legalistic and interventionist approach, where regulatory requirements are legally imposed and leave little flexibility and discretion for the administration to adopt control standards that correspond to particular circumstances, such as the state of the local environment or the economic situation of industry (Héritier, Knill, and Mingers 1996: 39-55). The General Trade Regulations (Allgemeine Gewerbeordnung) entitled Specific Trade Offices (Gewerbeämter) to restrict the operation of industrial plants in the public interest. The Federal Act on Combating Air Pollution (Luftreinhaltegesetz, LRG) of 1959 extended the provisions of the General Trade Regulations. It set a variety of air quality standards. Moreover, it increased the type of industrial plants requiring a permit and which had to apply the best available technology in their production (Boehmer-Christiansen and Skea 1991). In 1974, finally, the Federal Immission Control Act replaced the General Trade Regulations.58 The new law defined precaution, the-polluter-pays, cooperation, and emission abatement on the basis of the best available technology as the basic principles of air pollution control. In accordance to these principles, the Federal Immission Control Act has regulated, among other things, the procedures for the authorization of the establishment as well as the modification of industrial plants that are likely to have a negative impact on the environment (§§ 10, 15. 16). Authorization is to be granted if 1) the plant will not cause any negative impact on, or dangers for, the environment; 2) all appropriate preventive measures to minimize air pollution were taken, including the application of the best available technology in reducing emissions, 3) all legal obligations are complied with (emission limit values, air quality and production standards §§ 5, 6).59 A Federal Ordinance determines the plants that are subject to authorization.60 The Federal Immission Control Act has also entailed detailed provisions on the monitoring of air pollution and the implementation of air pollution plans to reduce emissions in areas which supersede the legal air quality standards (§47). Finally, the Federal government has been entitled to adopt ordinances (.Rechtsverordnungen) and administrative directives (Verwaltungsrichtlinien) to prescribe product standards, air quality standards and emission limit values (§ 7).

After the Federal Immission Control Act had been enacted, an administrative directive (TA Luft) regulated the details of its application and enforcement.61 The TA Luft provided a definition of ‘air pollutants’, specified authorization procedures and set emission limit values for various types of industrial installations. But as an administrative directive, it did not have any external effect, that is, it only obliged the administration.

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