EHS Newsletter Germany

Most significant adaptions and expansions within German EHS laws as of beginning of 2017

April2017

EnvironmentETS, NEC, VOC, CLP, HBCD, ...

Health and SafetyNovelty of the Workplace Ordinance

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Environment – Emission Tra-ding System (ETS) Revision

Brief Introduction: The EU emission trading system (EU ETS) is a cornerstone of the EU’s policy to combat climate change and its key tool for redu-cing greenhouse gas emissions cost-effectively. It is the world’s first major carbon market and re-mains the biggest one. Novelty: On 15th December 2016, the Eu-ropean Parliament‘s Environment Committee (ENVI) approved the draft legislative resolution on the revision of the Emissions Trading Directive by a large majority. From the view point of the DIHK, the vote is to be assessed critically in a few key respects. Already in Feb-ruary, Parliament‘s plenary sessi-on could vote on the position. An agreement is a prerequisite for the start of trialogue negotiations with the Council.

The political parties in the ENVI agreed on 17 partly broadly based compromise change proposals only one day before the vote. The-se were all adopted in the vote. The level of the linear reduction factor, which is now to be tighte-ned to 2.4%, was not part of the compromise and was voted sepa-rately. All in all, the draft rapporteur Ian Duncan (ECR / UK) received a large, cross-factional assent with a majority of 53 votes (5 votes and 7 abstentions).

Environment – National Emissi-on Ceilings (NEC) Directive

Brief Introduction: The Euro pean NEC-Directive sti-pulates the maximum amount of particular air pollutants on a natio-nal level. Background of the direc-tive is the negative impact of these pollutants to the environment and the human health. The national limit values are referable to the Goteborg protocol 1999. Initial re-lease date is the 27th November 2001.

Novelty: On 14th December 2016, the Eu-ropean Parliament and the Coun-cil signed the new NEC-Directive on the basis of a proposal from the Commission. It limits the five most important pollutants in Euro-pe: fine dust, sulfur dioxide, nitro-gen oxides, volatile organic com-pounds (without methane) and ammonia. The new NEC-Directive enters into force on 31st December 2016. The EU states must trans-pose the directive into national law by 30th June 2018 and draw up a national program for the control of air pollution by 2019. They must define measures to reduce the five most important air pollutants

by 2020 and 2030. The aim is to reduce the negative health effects of air pollution, such as airway di-seases and premature death, by almost 50% until 2030.

A reply from the Federal Govern-ment to the request made by the Bündnis 90 / Die Grünen Group to the NEC-Directive (Druckache 18/10466) shows that Germany complies with the values of the total emissions of all relevant sub-stances, with the exception of am-monia. By 30th June 2018, the re-duction of the following emissions shall apply within the EU:

• NOx reduced by 63%,• NMVOC reduced by 40%,• SO2 reduced by 79%,• PM 2.5 reduced by 49% and• NH3 reduced by 19%.

Environment – Formaldahyde values in VOC regulation deci-ded

Brief Introduction: The VOC-Regulation limits the emissions of volatile organic com-pounds (VOC) due to the usage of varnish containing organic sol-vents and products of vehicle re-pair painting. Initial release date was the 21st April 2004. Novelty: The Federal Council has adop-ted a series of regulations on the protection of the environment with regard to its adaptation to Europe-an law. Emission limit values for solvents with volatile organic com-pounds (VOC) have also been

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defined. The regulation package must still be drawn up and publis-hed.

Due to classification of formal-dehyde into the hazardous ca-tegory Carc. 1 B (H350: Can produce cancer), separate emis-sion values are set out in the 31. BImSchV (VOC Regulation): For formaldehyde, a mass flow of 10 g per hour or a mass concentra tion of 2 mg per m³ will apply in future (generally VOCs of 2 g per h and 1 mg per m³). The 31. BImSchV applies to different plants in which volatile organic compounds (VOC) are handled: Specific printing, cle-aning, varnishing or coating pro-cesses as well as equipment for the production of certain oils, pla-stics, plant protection products or medicinal products.

The Federal Government still has to approve the few amendments to the Federal Council and publish them in the Federal Law Gazette. An entry into force is expected in January 2017.

sion Protection (BImSchV) serves the protection against harmful en-vironmental impacts by air polluti-on and noise. Particular technical details are regulated.

The CLP (Classification, Labeling and Packaging) Regulation imple-ments the Globally Harmonized System of Classification and La-belling of Chemicals of the UNO and is equally valid for all mem-bers of the EU.

Novelty: The Federal Council has approved the adaptation of the Ordinance on Installations requiring Approval (4th BImSchV) to the current clas-sification and labeling of chemi-cals (CLP Regulation).

In the 4th BImSchV, Annex 2 is ad-apted to the CLP regulation. This specifies the requirement for the approval of storage facilities for certain hazardous substances, depending on their storage capa-city. The regulation has yet to be published in the Federal Law Ga-zette. In addition, regulatory gaps are concluded with the European Industrial Emissions Directive. Therefore, the obligation to per-mit within the process with public participation is introduced in some plants (coating of crude steel with molten metal protective layers, processing or production of fish meal or fish oil, firing of molasses and drying of green fodder or beer grains).

Since the translation of the hazard designation of the existing Materi-

al Guideline is not in line with the classification and labeling of the CLP Regulation, certain storage systems may fall under the sco-pe of the 4th BImSchV for the first time. These installations shall be notified to the competent authority three months after entry into force (Section 67 (2) BImSchG). Two months after the notification, docu-ments concerning the type, positi-on, scope and mode of operation of the installa tion are to be submit-ted (§ 10 para. 1 BIm-SchG).

Environment – Commercial Waste Ordinance and the se-cond KrWG Amendment Act

Brief Introduction: The Commercial Waste Ordinance enjoins on 15th December 2016, the German Bundestag approved the Commercial Waste Ordinan-ce (Annex 4) without amendment, as well as the draft Second Act amending the Closed Substance Cycle Act (Annex 5). In the future proceedings, the Federal Council still has to agree in 2017.

The law on circular economy (KrWG) is the heart of the German waste law. Intention of the law is to promote the circular economy in order to protect natural resources and to ensure the protection of hu-man and environment at the gene-ration and management of waste as well as to boost recycling. Novelty: In addition to the deletion of the calorific value clause pursuant to section 8 (3) sentence 1 KrWG,

Environment – BlmSchV adap-ted to CLP regulation

Brief Introduction: The Federal Ordinances on Immis-

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an amendment to the ElektroG is intended to replace the trade in Ar-ticle 2 with an amendment to the ElektroG

• which may not be linked to the sale of a new device, is limited to five devices per de-vice type;

• the enforcement is supple-mented by the offense of an administrative offense, which can amount to up to 100,000 euros

According to Article 3, the amend-ment to the ElektroG is to come into effect on 01.06.2017.

Environment – Hexabromocy-clododecane (HBCD) waste: the Federal Council decides on a temporary derogation for one year

Brief Introduction: Hexabromocyclododecane (HBCD) is a brominated flame retardant. It’s primary application is extru-ded (XPS) and expanded (EPS) polystyrene foam that is used as thermal insulation in the building industry.

Novelty: With the amendment of the Ordi-nance on Waste Dis posal (AVV) containing Annex 6, the North Rhi-ne-Westphalia compromise appli-cation, which had previously been submitted by Saarland, is to be disposed of as hazardous waste only until 31st December 2017.The background is that the appli-cation of the AVV to HBCD-cont-

aining thermal insulation materials has led to considerable problems in the disposal of small and me-dium-sized construction, demo-lition and roofing companies in many countries. According to the amendment, established waste disposal routes disappear for the waste, which has been classified as non-hazardous so far. Accor-ding to estimates by all experts and the economy concerned, the development of new paths would be incalculable and time-consu-ming, especially because plant approvals must be extended in an approval procedure under federal pollution control law. The purpo-se of the decision is to achieve a clear relief for the citizen, the ad-ministration and, in particular, the economy.

Environment – Ordinance on Disposal specialized Compa-ny’s and Ordinance on Waste Management Officer

Brief Introduction: The Ordinance on Disposal spe-cialized Companies regulates the requirements of companies and public facilities, which collect, transport, store, treat, utilize or di-spose waste as a waste disposal specialized company. The deter-mined require ments shall guaran-tee a high level of quality.

Novelty: The supervision and certification of waste disposal systems are being reorganized with the Ordi-nance on Disposal specialized Companies. The Ordinance on

Waste Management Officers also obliges many companies with pro-duct-specific collection and dispo-sal obligations to become a legal waste inspector.

Annex 7 is attached to the „Se-cond Ordinance on the Further Development of Waste Manage-ment“, published on 07.12.2016, which comes into force on June 1, 2017 in accordance with Article 10.

Article 1 Ordinance on Disposal Firms, Technical Monitoring Or-ganizations and Waste Disposal Associations (Entsorgungsfach-betriebeverordnung - EfbV)

The new Ordinance on Disposal specialized Companies is inten-ded to further extend the tried and tested instrument for the certifica-tion of plants to waste manage-ment companies and to reduce existing legal and application un-certainties. The quality of the mark is to be improved by establishing minimum standards for establish-ments, certification organizations and the experts appointed, as well as the regulations on monitoring and certification.

In the future, only experts will be admitted to the assessment of ini-

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tial treatment facilities with the fol-lowing qualifications:

A) Experts with a public order according to § 36 of the Commercial Code (for the assessment according to the ElektroG) or

B) environmental consultants (with the appropriate Scope, Department 38).

The DIHK will organize as soon as possible the required public order according to § 36 of the Commer-cial Code.

Ordinance on Waste Management Officers (Abfallbeauftragungsver-ordnung - AbfBeauftrV) This Ordinance requires, as befo-re, certain plant operators, as well as - new owners of the property within the meaning of § 27 KrWG as well as the operators of collec-tion systems and sites to appoint a statutory waste disposal officer. Concretely, the obligation to order as well as the requirements for the reliability and specialist knowled-ge of waste management officers are regulated.

Environment – Ordinance on Incidents (12. BImSchV) ob-liged operators to inform the public in case of incidents

Brief Introduction: The Ordinance aims the regulation of the protection of human and en-vironment against the consequen-ces of abruptly occurring incidents

of technical facilities with emission of hazardous substances.

Novelty: From 17th January 2017 on, the operator shall provide the public with the information referred to in Annex V, Part 1, permanently, also by electronic means. The in-formation shall be kept up-to-da-te, in particular, in the event of a change relevant to the incidents according to § 3 paragraph 5b of the Federal Immission Control Act. The obligation to provide informa-tion must be complied with at least one month prior to the start-up of an operating area or before any incidents relevant to the incidents under section 3 (5b) of the Federal Immission Control Act. Other pub-lic-law provisions for public infor-mation remain unaffected.

Subject to the consent of the com-petent authority, the publication of information may be omitted for reasons of protection of public or private interests in accordance with the provisions of the Federal Government and the federal sta-tes on access to environmental information.

Environment – The legislati-on on Environmental Impact Assessment (UVPG) requires now an EIA Obligation, if risk of incidents exists.

Brief Introduction: The legislation on Environmental Impact Assessment (UVPG) regu-lates the assessment of environ-mental impact of projects, which

may have significant impact to the environment due to its kind, di-mension or location.

Novelty: If the general preliminary exa-mination of the individual case shows that due to the realization of a project which is at the same time an adjacent protection object

within the meaning of § 3 Para-graph 5d of the Federal Immission Control Act within the appropriate safety distance as defined in § 3 Paragraph 5c of the Federal Im-mission Control Act meaning of section 3 (5a) of the Federal Im-mission Control Act, the possibili-ty exists that a fault occurs within the meaning of section 2 no. 8 of the Ordinance on incidents (Stör-fallV), the occurrence probability of such a fault increases or the consequences of such a fault may worsen that the project can have a significant negative environmental impact.

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Health and Safety – Novelty of the Workplace Ordinance (ArbStättV)

Brief Introduction: The Ordi nance on Workplaces sets targets for the safety and he-alth of workers in setting up and operating workplaces. It contains the basic requirements laid down for workplaces.

Novelty: In December 2016, the Federal

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Ministry of Labor (BMAS) passed the amendment of the Workers Ordinance (ArbStättV). It follows that the existing Ordinance on VDU-Workstations (BildscharbV) will cease to exist as a single regu-lation and will be inserted into the ArbStättV. The formally existing BildScharbV, which is now integ-rated into ArbStättV, was a regu-lation on safety and health at work on screen devices with the aim to regulate the health protection at these workplaces.