{"id":126490,"date":"2026-03-06T14:04:38","date_gmt":"2026-03-06T14:04:38","guid":{"rendered":"https:\/\/my.legal500.com\/guides\/?post_type=comparative_guide&#038;p=126490"},"modified":"2026-03-06T14:29:10","modified_gmt":"2026-03-06T14:29:10","slug":"germany-environment","status":"publish","type":"comparative_guide","link":"https:\/\/my.legal500.com\/guides\/chapter\/germany-environment\/","title":{"rendered":"Germany: Environment"},"content":{"rendered":"","protected":false},"template":"","class_list":["post-126490","comparative_guide","type-comparative_guide","status-publish","hentry","guides-environment","jurisdictions-germany"],"acf":[],"appp":{"post_list":{"below_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">ARQIS<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2023\/04\/Firm-logo-ARQIS-1.jpg\"\/><\/span><\/div>"},"post_detail":{"above_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">ARQIS<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2023\/04\/Firm-logo-ARQIS-1.jpg\"\/><\/span><\/div>","below_title":"<span class=\"guide-intro\">This country specific Q&amp;A provides an overview of Environment laws and regulations applicable in Germany<\/span><div class=\"guide-content\"><div class=\"filter\">\r\n\r\n\t\t\t\t<input type=\"text\" placeholder=\"Search questions and answers...\" class=\"filter-container__search-field\">\r\n\t\t\t<\/div>\r\n\r\n\t\t\t\r\n\r\n\r\n\t\t\t<ol class=\"custom-counter\">\r\n\r\n\t\t\t\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the environmental framework and the key pieces of environmental legislation in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Article 20a of the German Constitution lays down the foundation of environmental policy. Similar provisions can be found in most constitutions of federal states (<em>Bundesl\u00e4nder<\/em>). According to this guiding principle, all actions by government entities, including the enforcement of laws by public authorities, must take into account the protection of the environment. Authorities and courts therefore resort to Article 20a when interpreting and applying provisions that give them discretionary powers.<\/p>\n<p>Environmental law in Germany is not codified into one unified environmental code. Rather, German environmental law consists of several separate bodies of law, for example:<\/p>\n<ul>\n<li>Climate protection and energy regulation under the Climate Protection Act (<em>Klimaschutzgesetz<\/em>), the Renewable Energy Act (<em>Erneuerbare-Energien-Gesetz<\/em>) and the Energy Conservation Act (<em>Gesetz zur Einsparung von Energie in Geb\u00e4uden<\/em>);<\/li>\n<li>Nature and landscape conservation under the Federal Nature Conservation Act (<em>Bundesnaturschutzgesetz<\/em>);<\/li>\n<li>\u00a0Immission control under the Federal Immission Control Act (<em>Bundesimmissionsschutzgesetz<\/em>);<\/li>\n<li>Soil protection under the Federal Soil Protection Act (Bundesbodenschutzgesetz) and the Federal Contaminated Sites Ordinance (<em>Bundesbodenschutzverordnung<\/em>);<\/li>\n<li>Waste control, management and disposal under the Waste Management Act (<em>Kreislaufwirtschaftsgesetz<\/em>).<\/li>\n<\/ul>\n<p>Additional environmental legislation includes the Environmental Impact Assessment Act (<em>Umweltvertr\u00e4glichkeitspr\u00fcfungsgesetz<\/em>), the Environmental Information Act (<em>Umweltinformationsgesetz<\/em>), the Environmental Damage Act (<em>Umweltschadensgesetz<\/em>) and the Environmental Appeals Act (<em>Umweltrechtsbehelfsgesetz<\/em>). Climate protection regulations can also be found in criminal law provisions. This strict set of rules has led commentators to describe Germany as an \u2018environmental state\u2019, i.e. a state that regards environmental protection as one of its central missions. This perception has been further substantiated by the \u201cclimate jurisprudence\u201d of the German Federal Constitutional Court (<em>Bundesverfassungsgericht<\/em>).<\/p>\n<p>New provisions allowing for swifter administrative permit procedures have been adopted in recent years. These include the Act to speed up planning and approval procedures in the transport sector (<em>Gesetz zur Beschleunigung von Planungs- und Genehmigungsverfahren im Verkehrsbereich<\/em>), the Act to further accelerate planning and approval procedures (<em>Gesetz zur weiteren Beschleunigung von Planungs- und Genehmigungsverfahren<\/em>), the Act to improve climate protection in immission control (<em>Gesetz zur Verbesserung des Klimaschutzes beim Immissionsschutz<\/em>) and the Fourth Red Tape Reduction Act (<em>Viertes B\u00fcrokratieentlastungsgesetz<\/em>). In 2024, the last two acts led to the inclusion of the climate as a protected asset in the Federal Immission Control Act. Furthermore, the possibility has been created to speed up procedures by allowing the period for public participation in approval procedures involving environmental impact assessments to be shortened accordingly.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Who are the primary environmental regulatory authorities in your jurisdiction? To what extent do they enforce environmental requirements?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Primarily, authorities of the federal states are responsible for enforcing environmental requirements, regardless of whether they concern federal law. Their explicit competence depends on the act concerned and the administration structure of the federal state. On the federal level, only a few authorities are relevant, e.g. the Federal Ministry for the Environment, Climate Protection, Nature Conservation and Nuclear Safety (<em>Bundesministerium f\u00fcr Umwelt, Klimaschutz, Naturschutz und nukleare Sicherheit<\/em>) and the Federal Environmental Agency (<em>Umweltbundesamt<\/em>).<\/p>\n<p>Legal instruments to enforce environmental requirements include forcing a permit holder to comply with the permit, levying an enforcement fine (<em>Zwangsgeld<\/em>), imposing administrative fines (<em>Bu\u00dfgeld<\/em>), carrying out necessary measures at the expense of the operator (<em>Selbstvornahme<\/em>), revoking permits, or shutting down a facility. In rare cases, criminal liability is possible, even if no environmental damage has been caused.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the framework for the environmental permitting regime in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Licences (<em>Bewilligungen<\/em>) and permits (<em>Genehmigungen<\/em>). Their requirements are contained in several environmental statutes. German law does not provide a single, all-encompassing environmental permit. A project may require several authorisations from different authorities. However, some permits do aggregate several environmental law allowances (<em>Konzentrationswirkung<\/em>), i.e. they replace all or most of the other permits that would otherwise be necessary (most importantly, permits under the Federal Immission Control Act).<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Can environmental permits be transferred between entities in your jurisdiction? If so, what is the process for transferring?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Whether a permit can be transferred depends on the following distinctions: A person permit (<em>Personalkonzession<\/em>), contains personal elements inseparable from the permit holder, whereas an object-related permit (<em>Sachkonzession<\/em>) is independent of personal elements, e.g. related to property or installations. Generally, personal permits \u2013 which are very rare in environmental law \u2013 cannot be transferred from one person to another. Object-related permits (e.g. an operator permit pursuant to the Federal Immission Control Act) exist independently of the operator\u2019s identity and can therefore usually be transferred, usually done when transferring the plant or property.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What rights of appeal are there against regulators with regards to decisions to grant environmental permits?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In case of an authority\u2019s refusal to grant an environmental permit, an applicant may appeal the decision to the authority or (subsidiarily) by court action. An applicant may also appeal against individual conditions stipulated in a permit, when considered unduly onerous. Appeals generally have to be filed within one month of the authority\u2019s decision. If the higher authority dismisses the appeal, this gives way to appeal to the administrative court. Generally, in order to have standing, applicants must demonstrate the possibility that the authority\u2019s refusal to grant a permit may violate their rights. However, some provisions give standing to environmental or nature conservation associations (NGOs) allowing them to appeal on behalf of the rights of a third party.<\/p>\n<p>In most federal states, an appeal procedure has two phases: The applicant must generally initiate an appeal proceeding (<em>Widerspruchsverfahren<\/em>), addressed to the competent authority, before bringing an action before an administrative court. In these procedures, the higher authority will review the appeal. If the appeal is conceded by the court, it can: (i) remit the case to the authority and require the authority to grant the permit; (ii) repeal the unduly onerous condition; or (iii) order the authority to re-consider the application, considering the court\u2019s decision. Which course of action follows, depends on the prerequisites of the provision concerned.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are environmental impact assessments (EIAs) for certain projects required in your jurisdiction? If so, what are the main elements of EIAs (including any considerations in relation to biodiversity or GHG emissions) and to what extent can EIAs be challenged?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Two types of impact assessments exist: The environmental impact assessment (<em>Umweltvertr\u00e4glichkeitspr\u00fcfung, or UVP<\/em>) and the strategic environmental assessment (<em>strategische Umweltpr\u00fcfung, or SUP<\/em>). Environmental assessments involve the identification, description and evaluation of the significant effects of a project, plan or program on the protected assets. Their aim is to pro-actively determine potential environmental impacts at an early stage. Both are subject of the Environmental Impact Assessment Act (<em>Umweltvertr\u00e4glichkeitspr\u00fcfungsgesetz<\/em>). The EIAs are used to assess the impact of new industrial facilities and infrastructure projects. They increase public acceptance and participation in such projects by providing a transparent view of the adverse effects on human health and the natural environment. Project developers benefit from planning certainty for their project once an EIA has been completed. An EIA can significantly delay the permit decision because it includes providing relevant information, presenting it to the public and assessing it by the authorities.<\/p>\n<p>The EIA is part of the permit procedure in German law and not an independent element. Therefore, isolated legal actions against the EIA alone can only be admissible and successful if the disregarded article of the Environmental Impact Assessment Act itself provides enforceable rights.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the framework for determining and allocating liability for contamination of soil and groundwater in your jurisdiction, and what are the applicable regulatory regimes?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The key statutes are the Federal Soil Protection Act (<em>Bundesbodenschutzgesetz<\/em>) and the federal states\u2019 soil protection acts. Contamination risks are evaluated based on threshold values set out, inter alia, by an ordinance complementing the act. According to the act, several persons\/entities may be held liable for contamination, all of whom can equally be subject to inspections carried out at their expense or to remedial action orders. In turn, the accountable person\/entity may have a compensation claim against the others. Especially in complex investigations and remediation situations, it may be advisable to conclude a contract with the competent authority under public law (<em>\u00f6<\/em><em>ffentlich-rechtlicher\u00a0V<\/em><em>ertrag<\/em>). Further detailed regulations concerning soil protection are set out in the Federal Soil Protection and Contaminated Sites Ordinance (<em>B<\/em><em>undes-Bodenschutz-<\/em><em>\u00a0und<\/em>\u00a0<em>A<\/em><em>ltlastenverordnung<\/em>). The Federal Water Act (<em>Wasserhaushaltsgesetz<\/em>) contains regulations regarding ground water.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Under what circumstances is there a positive obligation to investigate land for potential soil and groundwater contamination? Is there a positive obligation to provide any investigative reports to regulatory authorities?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>If there is sufficient indication of a contaminated site, the authorities may order the person\/entity liable under the Federal Soil Protection Act to carry out investigations to assess the relevant hazards (<em>Gef\u00e4hrdungsabsch\u00e4tzung<\/em>). In case of a site contamination and even after clearance, responsible parties may be obliged to conduct monitoring and investigation measures. Especially in the case of particularly hazardous or widespread contamination, responsible parties may be ordered to conduct an investigation to determine the type and extent of the required remediation measures (<em>Sanierungsuntersuchung<\/em>) or to submit a remediation plan (<em>Sanierungsplan<\/em>).<\/p>\n<p>According to the Federal Immission Control Act, a report on the initial status must be submitted to the competent authority in advance, if hazardous substances are used in an industrial activity. If the site is found to be more contaminated than specified in the report, the operator is obliged to restore the site to its previous condition.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">If land is found to be contaminated, or pollutants are discovered to be migrating to neighbouring land, is there a duty to report this contamination to relevant authorities?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Such duties are laid down in the soil protection laws of the federal states. For instance, the State Soil Protection Act of North Rhine-Westphalia (<em>Landesbodenschutzgesetz NRW<\/em>) requires responsible parties to notify the competent authorities, which are primarily defined on district level. Depending on the specific case, the disclosure obligation may be limited by the privilege against self-incrimination. However, operators must consider that non-disclosure may result in an administrative fine. In addition, environmental contamination is subject to the Environmental Damages Act (<em>Umweltschadensgesetz<\/em>), which sets out obligations for companies in case of immediate risk of environmental damage or if environmental damage has occurred.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Does the owner of land that is affected by historical contamination have a private right of action against a previous owner of the land when that previous owner caused the contamination?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>A property owner whose land is contaminated but who did not cause the contamination and who is obliged by the competent authorities to carry out remediation measures has a right to compensation against other responsible parties (if they exist). In cases involving several responsible parties, the Federal Soil Protection Act provides for a compensation claim between the parties. If not otherwise agreed, the obligation to provide such compensation, and the amount of compensation, depends on the extent to which the hazard or damage was caused primarily by one party.<\/p>\n<p>Generally, claims for compensation become time-barred after three years. If the remediation measures were carried out by the authority, the period begins once the authority collects the costs of that remediation; if a private party carried them out, it starts once the claimant becomes aware of the other party\u2019s responsibility. Regardless of such knowledge, claims become time-barred 30 years after the remediation measures were completed.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the key laws and controls governing the regulatory regime for waste in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The regulatory regime for waste is established in the Waste Management Act (<em>Kreislaufwirtschaftsgesetz<\/em>), which follows the principles of reduce, reuse, recycle and dispose. Waste is defined as substances or objects that the holder disposes of, intends to dispose of, or is required to dispose of. Several ordinances, such as the List of Wastes Ordinance (<em>Abfallverzeichnisverordnung<\/em>), complement the act. The regulations include strict recycling requirements and rules regarding the separation of waste types and take action against the discarding of returned products by introducing duties of care. Manufacturers may be obliged to draw up a transparency report on the destruction of goods. The EU has and will continue to introduce product or field specific rules, which concern certain types of waste.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Do producers of waste retain any liabilities in respect of the waste after having transferred it to another person for treatment or disposal off-site (e.g. if the other person goes bankrupt or does not properly handle or dispose of the waste)?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Section 22 of the Waste Management Act allows responsible parties to commission a third party to dispose of the waste. However, this does not relieve them of fulfilling their duties of care. The commissioning parties may be held liable under criminal and civil law if the waste has not been disposed of properly by the third party and if they have neglected their responsibility to select the third party with due care.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">To what extent do producers of certain products (e.g. packaging\/electronic devices) have obligations regarding the take-back of waste?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The Packaging Act (<em>Verpackungsgesetz<\/em>) obliges manufacturers and distributors to take back returned packaging free of charge and to have it recycled in an environmentally friendly way. The packaging manufacturers and distributors are obliged to participate financially in a waste disposal scheme which must guarantee regular collection from private consumers.<\/p>\n<p>For vehicles, the End-of-Life Vehicles Ordinance (<em>Altfahrzeug-Verordnung<\/em>) requires manufacturers or importers to take back all vehicles licensed in the EU free of charge and to ensure that they are properly recycled.<\/p>\n<p>Electronic waste as well as batteries and accumulators can be returned to collection points free of charge, as set out in the Battery Act (<em>Batteriegesetz<\/em>) and the Electrical and Electronic Equipment Act (<em>Elektro- und Elektronikger\u00e4tegesetz<\/em>). Producers, importers, and (under certain circumstances) retailers must take back, recycle, or dispose of such waste according to the WEEE\u00a0Directive\u00a0(2012\/19\/EU) and the Electrical and Electronic Equipment Act.<\/p>\n<p>On 18\u00a0February\u00a02024, a new EU Battery Regulation (2023\/1542\/EU) came into force, which takes into account the life cycle of batteries from production to recycling. As well as covering new battery types, it also introduces new requirements for producers, such as a carbon footprint declaration, higher requirements for battery performance and durability, and labelling requirements for capacity and minimum operating time.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the duties of owners\/occupiers of premises in relation to asbestos, or other deleterious materials, found on their land and in their buildings?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Duties may entail an asbestos survey or drawing up a list of asbestos affected components as a precautionary measure. There is no general obligation to remove asbestos contained in buildings or individual building parts. The competent authorities have the power to issue all orders deemed necessary to protect human health. In addition, the responsible party may incur civil liability for personal injuries based on its duty to protect the public (<em>Verkehrssicherungspflichten<\/em>).<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Please outline any regulatory initiatives in your jurisdiction regarding the restriction, prohibition, requirement to monitor or similar as regards PFAS.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Most regulation on PFAS is governed by EU law. PFOS and PFOA are prohibited under the POP Regulation 2019\/1021\/EU. PFHxS and related substances were added to the list of prohibited substances in 2023. REACH (Regulation 1907\/2006\/EC) provides further restrictions: C9\u2013C14 PFCAs have been restricted since 2023. PFHxA will be restricted from 2026 with targeted sectoral bans. Several PFAS are identified as SVHCs with a view to substitution. PFAS use in firefighting foams is subject to additional REACH measures starting 23 October 2030. Sector-specific rules complement this framework, including PFAS limits in foodstuffs (Commission Regulation 2023\/915\/EU) and mandatory monitoring of PFAS in urban wastewater under Directive 2024\/3019\/EU.<\/p>\n<p>However, Germany adopts a stricter approach regarding drinking water. While the recast EU Drinking Water Directive (2020\/2184\/EU) sets a limit of 0.1 \u00b5g\/L for the sum of 20 PFAS and 0.5 \u00b5g\/L for total PFAS, the German Drinking Water Ordinance (<em>Trinkwasserverordnung<\/em>) establishes stricter thresholds. Annex 2 sets 0.1 \u00b5g\/L for PFAS-20 and an additional, lower limit of 0.02 \u00b5g\/L for PFAS-4. Both limits apply from 12 January 2026.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">To what extent are product regulations (e.g. REACH, CLP, TSCA and equivalent regimes) applicable in your jurisdiction? Provide a short, high-level summary of the relevant provisions.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Some of the most significant product regulations in Germany are directly applicable EU regulations: the REACH Regulation (1907\/2006\/EC), the CLP Regulation (1272\/2008\/EC), the POP Regulation (850\/2004\/EC) on persistent organic pollutants, the Biocidal Products Regulation (528\/2012\/EU) and the Regulation on F-gases (517\/2014\/EU).<\/p>\n<p>In 2021, Germany introduced the Supply Chain Due Dilligence Act (<em>Lieferkettensorgfaltspflichtengesetz<\/em>), obliging companies of a certain size to evaluate the risks for certain human rights violations and damages to the environment in their supply chains, to publish a policy statement and to take measures to prevent or minimize violations. Enforcement fines (<em>Zwangsgeld<\/em>) up to EUR\u00a050,000 and administration fines (<em>Bu\u00dfgeld<\/em>), may follow in case of violations. However, the German federal government agreed on a law amending the German Supply Chain Due Diligence Act (see below under point 14.7 Updates\/Reform). The EU Corporate Sustainability Due Diligence Directive (CSDDD), which permits the adoption of even more stringent measures in this area, is also currently under discussion for amendment (see below under point 14.8 Updates\/Reform).<\/p>\n<p>Other EU product-related regulations in Germany include: the General Product Safety Regulation (2023\/988\/EU) and the Regulation on Deforestation-Free Products (2023\/1115\/EU). The Ecodesign for Sustainable Products Regulation (2024\/1781\/EU) entered into force on 18\u00a0July\u00a02024.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What provisions are there concerning energy efficiency (e.g. energy efficiency auditing requirements) in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Germany has adopted its \u201cEnergy Efficiency Strategy 2050\u201d (<em>Energieeffizienzstrategie<\/em>) in December\u00a02019, which updates the National Action Plan on Energy Efficiency from 2011. It commits to cut primary energy consumption by 30% by 2030 and by 50% by 2050, relative to consumption levels in 2008. Besides promoting targeted investment in energy efficiency and setting up funding programmes to increase energy efficiency in companies, the strategy also imposes binding obligations on large companies to conduct energy audits and establishes new standards for new appliances and newly constructed buildings.<\/p>\n<p>The revised EU Energy Efficiency Directive (2023\/1791\/EU) sets the goal to collectively ensure an additional 11.7% reduction in energy consumption by 2030 compared to the reference scenario projections of 2020. Binding saving targets have to be fulfilled by the member states over the years up until 2030 and obligations for companies to perform energy audits have to be implemented. Germany has to implement the directive until October\u00a02027.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the key policies, principles, targets, and laws relating to the reduction of greenhouse gas emissions (e.g. emissions trading schemes) and the increase of the use of renewable energy (such as wind power) in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In Germany, the reduction targets for the upcoming decades have been stated in the Climate Action Programme 2030 and the Climate Change Act (<em>Klimaschutzgesetz<\/em>). Relevant regulations for achieving the reduction targets are, e.g.:<\/p>\n<p>The Fuel Emissions Trading Act (<em>Brennstoff-Emissionshandelsgesetz<\/em>) introduced a national emissions trading system for fuels. On the EU-level, the EU emission trading system (EU ETS) is the EU\u2019s key instrument for reducing greenhouse gas emissions from large-scale emitters of certain industries. The EU-ETS 2, a new separate emission trading system, has been installed, covering further industry sectors. For carbon intensive goods that are entering the EU, the Carbon Border Adjustment Mechanism has been created (see below under point 13. Updates\/Reform).<\/p>\n<p>Furthermore, the Buildings Energy Act (<em>Geb\u00e4udeenergiegesetz<\/em>) states an abundance of rules to ensure climate-friendly construction, heating, and refurbishment of buildings.<\/p>\n<p>Regarding the increase of the use of renewable energy, the goal is that 80% of gross electricity consumption come from renewable energy sources by 2030. To prioritise the expansion, many new provisions for the generation \u2013\u00a0planning, construction, financing and use\u00a0\u2013 of renewable energy, like wind or solar energy have been introduced.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Does your jurisdiction have an overarching \u201cnet zero\u201d or low-carbon target and, if so, what legal measures have been implemented in order to achieve this target.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Germany aims to become greenhouse gas neutral by 2045. It has set the interim targets of cutting emissions by at least 65% by 2030 compared to 1990 levels, and 88% by 2040.<\/p>\n<p>The EU aims to become greenhouse gas neutral by 2050. It has set out to reduce greenhouse gas emissions by 55%, compared to 1990 levels, by 2030 and achieving a share of renewable energy amounting to at least 42,5%.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are companies under any obligations in your jurisdiction to have in place and\/or publish a climate transition plan? If so, what are the requirements for such plans?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In Germany, companies are currently not obliged to draw up or publish a specific plan to reduce emissions. However, there are various legal frameworks and initiatives that encourage companies to integrate and report on climate protection measures.<\/p>\n<p>The German Supply Chain Due Diligence Act (<em>Lieferkettensorgfaltspflichtengesetz) <\/em>requires companies above a certain size to identify and address human rights and environmental risks in their supply chains. Although the law does not explicitly require a climate transition plan, climate-related risks may fall under the concept of environmental pollution, which may encourage companies to include climate change issues in their due diligence obligations. However, the German federal government agreed on a law amending the German Supply Chain Due Diligence Act (see below under point 14.7 Updates\/Reform).<\/p>\n<p>The EU Corporate Sustainability Reporting Directive (CSRD) obliges companies to expand and improve their sustainability reporting. It builds on the previous EU Non-Financial Reporting Directive (NFRD) but expands the scope of companies addressed and strengthens the reporting requirements. A key aspect of the CSRD is the mandatory introduction of a climate transition plan, particularly for large companies. These plans should set out a company\u2019s strategic direction for the transition to a low-carbon economy and how the company intends to adapt its business activities in line with the climate goals of the Paris Agreement and the EU climate targets. As Germany has not implemented the CSRD into national law on time, these obligations do not yet apply to businesses in Germany. An infringement procedure was initiated against Germany in September 2024. However, the CSDDD is currently under discussion for amendment (see below under point 14.8 Updates\/Reform).<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">To what extent does your jurisdiction regulate the ability for products or companies to be referred to as \u201cgreen\u201d, \u201csustainable\u201d or similar terms? Who are the regulators in relation to greenwashing allegations?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Such terms have not been legally defined yet. Courts have come up with broad definitions, dealing with lawsuits based on the Unfair Competition Act (<em>Gesetz gegen den unlauteren Wettbewerb<\/em>). The EU Green Claims Directive (2024\/825\/EU) came into force in March 2024 and must be transposed into national law by March 2026.It requires companies to provide credible evidence for their claims so as not to mislead consumers.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any specific arrangements in relation to anti-trust matters and climate change issues?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Sustainability as a policy priority can be found in the Horizontal Block Exemption Regulations (HBERs), which are two delegated regulations by the EU Commission, that allow certain research and development and specialisation agreements to be exempted from Art. 101 paragraph 1 TFEU. Furthermore, the European Horizontal Guidelines provide guidance on the HBERs, and on how to assess various common types of horizontal cooperation agreements under Article 101 paragraph 1 and 3 TFEU.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Have there been any notable court judgments in relation to climate change litigation over the past three years?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The German Constitutional Court\u2019s decision in 2021, in which it stated in a landmark ruling that the Climate Protection Act at the time was not sufficient to reach the climate targets set out by the Paris Agreement, continues to be one of the most significant decisions on climate change in recent years. The legislator responded by moving up the \u201cnet-zero\u201d goal from 2050 to 2045 and further stepping up the targets for emission cuts.<\/p>\n<p>\u201cClimate lawsuits\u201d in Germany against the state, as well as against private companies, continue to be of increasing importance. They include complaints to refrain from emissions intense behaviour or promotion of products as \u201cclimate-neutral\u201d.<\/p>\n<p>On 24 January 2022, a group of young Germans, supported by the environmental organisation Deutsche Umwelthilfe (DUH), filed a constitutional complaint against the revised Federal Climate Protection Act (KSG). They claim that the updated targets for reducing greenhouse gas emissions do not comply with Germany&#8217;s constitutional and international obligations. This constitutional complaint is currently pending.<\/p>\n<p>On 12 October and 8 November 2023, the Higher Regional Courts in Munich and Stuttgart confirmed the lower courts\u2019 decisions to dismiss climate-related lawsuits by the German NGO Deutsche Umwelthilfe (DUH) against two German car manufacturers. These cases are part of a wider effort, involving four cases in Germany, to force companies to reduce their climate impact through court orders. The other two cases, one by Greenpeace Germany against a car manufacturer and another by DUH against a gas and oil company, are still pending.<\/p>\n<p>On 28 May 2025, the Higher Regional Court of Hamm dismissed the claim brought by a farmer from Peru against a German energy company regarding of climate-related damage in his home country. Nevertheless, the decision contains several landmark implications for the potential civil law (co-)liability of companies for climate change.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">In light of the commitments of your jurisdiction that have been made (whether at international treaty meetings or more generally), do you expect there to be substantial legislative change or reform in the relation to climate change in the near future?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The EU and Germany both have set out high ambitions to become climate-neutral in the near future. Especially due to the ongoing adoption of new EU legislation in accordance with the EU Green Deal and the \u201cFit-for 55\u201d package, it is inevitable that further substantial legislative changes will follow on the national level in Germany.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">To what extent can the following persons be held liable for breaches of environmental law and\/or pollution caused by a company: (a) the company itself; (b) the shareholders of the company; (c) the directors of the company; (d) a parent company; (e) entities (e.g. banks) that have lent money to the company; and (f) any other entities?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The most important liability rules are set out in public law provisions and laid down in various statutes, ordinances and administrative regulations. The German Civil Code (<em>B\u00fcrgerliches Gesetzbuch<\/em>) provides for private claims for compensation, and indemnity claims in respect to environmental damage. Other relevant rules are laid down in e.g. the state\u2019s general police laws (<em>Polizei- und Ordnungsrecht<\/em>), Environmental Liability Act (<em>Umwelthaftungsgesetz<\/em>) and the German Criminal Code (<em>Strafgesetzbuch<\/em>).<\/p>\n<p>a. Liability of the company itself: As the polluter\/owner\/occupier of an installation or site, a company bears full liability under public and civil law. Irrespective of any fines imposed on individual company personnel, the competent public authorities may fine the company itself. Such fines for administrative offences are generally enforced by the administrative authorities at the state level.<\/p>\n<p>b. Liability of the company\u2019s shareholders: The shareholders\u2019 liability depends on the legal form of the company. Whereas shareholders of a non-incorporated partnership may be held liable, shareholders of a limited liability corporation generally cannot be held liable, unless they are personally responsible for the damage.<\/p>\n<p>c. Liability of the company\u2019s directors: There is no specific precedent set by German civil courts regarding the personal liability of company directors for environmental wrongdoing. The matter is subject to ongoing legal discussion. However, administrative authorities may fine senior company personnel under certain circumstances.<\/p>\n<p>d. Liability of the parent company: The Soil Protection Act clarifies that an entity which is responsible for its subsidiaries\/affiliates under general principles of corporate law may be held liable for contaminated land owned by its subsidiary. Under certain circumstances, the general rule to separate the company as a legal entity from its parent company may be disregarded, thus leading to liability of the parent company.<\/p>\n<p>e. Liability of lenders: The concept of lender-liability, under which a creditor is responsible for environmental damage caused by the borrower, does not exist in German environmental law. Nonetheless, environmental risks usually do play a part in a bank\u2019s assessment of the credit rating of a business. They may also factor into the ESG reporting of the lender itself.<\/p>\n<p>f. Other entities: Other entities, such as business partners, consultants, or suppliers, may be held liable, at least under private law, for damages, depending on their involvement in environmental violations or the company\u2019s contribution to the pollution.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">To what extent can: (a) a buyer assume any pre-acquisition environmental liabilities in an asset sale\/share sale; and (b) a seller retain any environmental liabilities after an asset sale\/share sale in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The extent of liability depends on the transaction structure and the specific risk allocations included in the sale and purchase agreement (SPA). However, the environmental liabilities set out by public law and addressed by the competent authorities often oblige both parties.<\/p>\n<p>(a) Buyer\u2019s assumption of liabilities: In an asset sale, the buyer generally acquires the environmental liabilities with the acquired asset. Under the Federal Soil Protection Act (<em>Bundesbodenschutzgesetz),<\/em> the buyer can be held liable for contaminations, even if they occurred prior to the acquisition. Public authorities may hold the buyer directly accountable, regardless of any contractual indemnities provided by the seller. In a share sale, the transaction involves the transfer of a company\u2019s shares, leaving the legal entity itself unchanged. Consequently, all environmental liabilities remain with the company. The buyer indirectly assumes responsibility for these environmental liabilities by taking control of the company.<\/p>\n<p>(b) Seller\u2019s retention of liabilities: In an asset sale, the seller may retain certain liabilities if they are not explicitly transferred. In addition, the seller may remain liable for past contamination if he was responsible for it. In a share sale, environmental liabilities will generally remain with the company, as only the shares are transferred, leaving the legal entity unchanged. The seller is generally released from direct liability unless the SPA includes specific provisions, such as warranties or indemnities, that hold the seller accountable for certain environmental risks. These clauses aim to protect the buyer from undisclosed liabilities or false representations made by the seller.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What duties to disclose environmental information does a seller have in a transaction? Is environmental due diligence commonplace in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>If the seller fails to inform the buyer about any existing or suspected contamination, the buyer may be able to claim compensation. Unless expressly agreed otherwise, the seller is liable for any defect relating to the sold property, unless the buyer has been made aware of such defect, meaning any known dangerous contamination under the Soil Protection Act. The buyer can either rescind the contract or reduce the purchase price accordingly. A claim for compensation may also be applicable. Generally, the buyer must assert these rights within two years.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What environmental risks can be covered by insurance in your jurisdiction, and what types of environmental insurance policy are commonly available? Is environmental insurance regularly obtained in practice?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Since the environmental liability laws are not consolidated and stipulate various offences across different acts, a great variety of insurance types exist, depending on the committed offence and the costs. Insurance cover will not be granted if the environmental damage has been caused by the normal operation of an installation, unless the insured party proves that it could not reasonably have been expected to recognise the possibility of such damage, given the state of technology at the time of the effect on the environment. Only in more recent times, a few larger international insurance companies have begun to offer environmental liability policies to fill this gap.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">To what extent are there public registers of environmental information kept by public authorities in your jurisdiction? If so, what is the process by which parties can access this information?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Public access to environmental information in Germany is regulated in the Environmental Information Act (<em>Umweltinformationsgesetz<\/em>) and corresponding acts by the states. Any environmental information recorded by federal authorities falls within the scope of the act and it obliges all federal authorities to disclose environmental information to all citizens who wish to receive information. Public registers only exist in certain areas.<\/p>\n<p>The Corporate Sustainability Reporting Directive (2022\/2464\/EU, CSRD) requires companies to provide comprehensive and detailed disclosure of their sustainability performance, expanding the rules of the Non-Financial Reporting Directive (2014\/95\/EU). The content of the report is specified by the European Sustainability Reporting Standards (ESRS), in force since 2024. In Germany, the federal government adopted a draft act to implement the Corporate Sustainability Reporting Directive on 3 September 2025. Although the time limit for implementing the directive was in July 2024, Germany, like other EU states, failed to meet the implementation deadline.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">To what extent is there a requirement on public bodies in your jurisdiction to disclose environmental information to parties that request it?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>At the federal-level, information must be disclosed to the public in accordance with the Environmental Information Act. Access to environment-related information at the state and municipality level falls within the legislative competence of the federal states, which have all adopted similar legislation. Access to environmental information may be denied to protect certain public and private interests.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are entities in your jurisdictions subject to mandatory greenhouse gas public reporting requirements?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Companies in Germany are required to publicly report on greenhouse gas emissions, particularly if they meet certain size criteria. The legal requirements are based on the EU Non-Financial Reporting Directive (NFRD) and the Corporate Sustainability Reporting Directive (CSRD). The CSRD integrates the European Sustainability Reporting Standards (ESRS), which provide specific guidance on greenhouse gas reporting. These requirements apply progressively.<\/p>\n<p>Companies that meet certain criteria (size in terms of total assets, net sales, or number of employees) are required to report on their environmental, social and governance (ESG) performance, including their impact on the climate change and greenhouse gas emissions. The reporting requirement includes the disclosure of information on greenhouse gas emissions and actions taken to reduce them. Companies must be transparent about how they are addressing the risks and opportunities of climate change. The CSRD has further strengthened sustainability reporting requirements and extended them to a larger number of companies by requiring more companies to publish detailed and standardised sustainability information. However, this directive has not yet been implemented into German law (see also for proposed amendments to CSRD point 14.8 under Updates\/Reform).<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Have there been any significant updates in environmental law in your jurisdiction in the past three years? Are there any material proposals for significant updates or reforms in the near future?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><ul>\n<li>Amendments to the Carbon Storage Act<\/li>\n<\/ul>\n<p>The amendment to the Carbon Storage Act (<em>Kohlendioxid-Speicherungsgesetz<\/em>) entered into force on 28 November 2025. It is intended to make the capture and storage of CO\u2082 possible on a larger scale. Until now, this has only been permitted for research purposes. The Carbon Storage Acts aims to enable the permanent storage of carbon dioxide in underground rock formations of the continental shelf and the exclusive economic zone for commercial purposes on an industrial scale, and to establish a uniform permitting regime for all carbon dioxide pipelines.<\/p>\n<ul>\n<li>Draft act to implement RED III in offshore wind energy and electricity grids<\/li>\n<\/ul>\n<p>On 6 August 2025, the federal cabinet adopted a draft act to Implement the EU Renewable Energy Directive (RED III) in the Areas of Offshore Wind Energy and Electricity Grids (<em>Entwurf eines Gesetzes zur Umsetzung der EU-Erneuerbaren-Richtlinie in den Bereichen Windenergie auf See und Stromnetze<\/em>). The implementation of RED III aims to accelerate and facilitate the expansion of offshore wind energy and grid infrastructure. The draft proposes the introduction of acceleration areas for offshore wind energy and designated infrastructure areas for transmission grids, distribution grids and offshore connection lines. Streamlined approval procedures are intended to apply to these areas.<\/p>\n<ul>\n<li>Legislative measures on biogas<\/li>\n<\/ul>\n<p>On 25 February 2025, a legislative package regarding biogas entered into force. (<em>Gesetz zur \u00c4nderung des Erneuerbare-Energien-Gesetzes zur Flexibilisierung von Biogasanlagen und Sicherung der Anschlussf\u00f6rderung<\/em>) It comprises amendments to the Renewable Energy Sources Act (EEG) and is intended to preserve electricity and heat generation from biogas plants and to strengthen their role in ensuring security of supply. The auction volumes for 2025 were increased to 1,300 megawatts and for 2026 to 1,126 megawatts, among other measures. This is intended to ensure that the plants whose support expires in these years have a perspective for continued connection.<\/p>\n<ul>\n<li>Amendments to the Combined Heat and Power Act<\/li>\n<\/ul>\n<p>The German federal parliament has adopted an amendment to the Combined Heat and Power (CHP) Act (<em>Kraft-W\u00e4rme-Kopplungsgesetz (KWKG)<\/em>), which entered into force on 1 April 2025. The most significant legislative change is the extension of the eligibility period for the promotion of CHP plants as well as heating and cooling networks and storage facilities beyond 31 December 2026. The new KWKG 2025 thus provides planning and investment certainty for the necessary expansion of CHP plants and associated networks and storage facilities. Specifically, CHP plants and heating and cooling networks and storage facilities that are not commissioned until after the end of 2026 may now also obtain approval under the KWKG, provided that they hold, by 31 December 2026, an authorisation under the Federal Immission Control Act (for CHP plants) or all permits required under state law (for networks and storage facilities), or\u2014where no permits are required\u2014have been bindingly commissioned by that date.<\/p>\n<ul>\n<li>Draft Hydrogen Acceleration Act<\/li>\n<\/ul>\n<p>On 4 November 2025, the German federal government proposed a Hydrogen Acceleration Act (<em>Wasserstoffbeschleunigungsgesetz<\/em>). The objective of the draft act is to significantly accelerate the market ramp-up of hydrogen by establishing swift, simplified and coordinated authorisation procedures with clear requirements and deadlines. The draft act covers the entire supply chain, from production, import and storage through to the transport of hydrogen. For hydrogen-related infrastructure projects of relevance, administrative procedures shall be simplified, and authorisation processes shall be substantially accelerated. Accordingly, the expansion of hydrogen infrastructure shall be deemed to be of overriding public interest. Procedures under water law shall be accelerated by introducing short deadlines for the competent permitting authorities. In addition, the energy industry regulatory framework shall provide for facilitations regarding the authorisation of hydrogen pipelines.<\/p>\n<ul>\n<li>Proposed amendments to the German Supply Chain Due Diligence Act<\/li>\n<\/ul>\n<p>On 3 September 2025, the German federal government agreed on a law amending the German Supply Chain Due Diligence Act (<em>Gesetz zur \u00c4nderung des Lieferkettensorgfaltspflichtengesetzes \u2013 Entlastung der Unternehmen durch anwendungs- und vollzugsfreundliche Umsetzung<\/em>) The resolution envisions that the reporting obligation on compliance with due diligence requirements is eliminated and that a violation of the continuing due diligence obligations will only be sanctioned in cases of serious breaches. These measures aim to relieve companies and avoid duplicate reporting obligations. The German Supply Chain Due Diligence Act (<em>Lieferkettensorgfaltspflichtgesetz<\/em>) will continue to apply seamlessly until it is replaced by a law transposing the EU Corporate Sustainability Due Diligence Directive (CSDDD) into national law.<\/p>\n<ul>\n<li>Proposed amendments to CSDDD and CSRD<\/li>\n<\/ul>\n<p>Currently, amendments to the Corporate Sustainability Reporting Directive (CSRD) and the Corporate Sustainability Due Diligence Directive (CSDDD) are being negotiated at the EU level as part of a new legislative package (the \u2018Omnibus I Directive\u2019) to harmonize and simplify various EU sustainability legal acts as a whole.<\/p>\n<p>In Germany, the federal government adopted a draft act to implement the Corporate Sustainability Reporting Directive on 3 September 2025. The draft goes no further than what is required as a minimum standard under EU law.<\/p>\n<ul>\n<li>Postponement of the EU Deforestation Regulation (EUDR)<\/li>\n<\/ul>\n<p>The EU Deforestation Regulation (EUDR) stipulates in all EU Member States that certain raw materials and products may only be imported into, exported from, or placed on the Union market if they are not associated with deforestation or forest degradation. Under the regulation, corporate due diligence obligations apply to trade in soy, oil palm, cattle, coffee, cocoa, rubber and timber, as well as products made from those raw materials. The regulation entered into force on 30 June 2023 and was to apply after a transitional period from 30 December 2025. On 4 December 2025, representatives of the European Council and the European Parliament agreed to postpone the EUDR by one year to 30 December 2026, with an extra six-month grace period for small companies.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\r\n<div class=\"word-count-hidden\" style=\"display:none;\">Estimated word count: <span class=\"word-count\">6905<\/span><\/div>\r\n\r\n\t\t\t<\/ol>\r\n\r\n<script type=\"text\/javascript\" src=\"\/wp-content\/themes\/twentyseventeen\/src\/jquery\/components\/filter-guides.js\" async><\/script><\/div>"}},"_links":{"self":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide\/126490","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide"}],"about":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/types\/comparative_guide"}],"wp:attachment":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/media?parent=126490"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}