Annexes to COM(1998)33 - State of the environment in the 6 Länder of the former East Germany - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(1998)33 - State of the environment in the 6 Länder of the former East Germany. |
|---|---|
| document | COM(1998)33  |
| date | February 2, 1998 |
2. Wild birds
Article 5 of Directive 90/656/EEC: Wild birds (Directive 79/409/EEC)
According to Article 5, Germany had to ensure in respect of the territory of the former German Democratic Republic, that the protection measures resulting from the obligations of Articles 3 and 4 of the said Directive were in place by 31 December 1992 at the latest.
Germany says that Directive 79/409/EEC has been implemented, and refers to information which has been already communicated in the 1993 Report.
3. Air nollution bv SQ2. NQx and lead
Articles 8, 10 and 12 of Directive 90/656/EEC set up a two-step-approach as regards the improvement of air quality concerning S02, NOx and lead as covered by Directives 80/779/EEC (S02), 82/884/EEC (lead in air) and 85/203/EEC (NOx), in respect of the territory of the former German Democratic Republic:
As the first step, Germany was required to take appropriate measures to ensure by 31 December 1991 at the latest that the concentration of the said pollutants was not greater than the limit values given in the Directives. In cases where there was a likelihood that despite the measures taken, the concentrations of the pollutants might exceed the limit values in certain zones, Germany had to inform the Commission thereof by 31 December 1991 (though as regards nitrogen dioxide by 31 December 1992) and at the same time forward to the Commission plans for the progressive improvement of the quality of the air in those zones. These plans should describe the measures taken or to be taken and the procedures implemented or to be implemented.
These measures had to bring the concentrations of the said pollutants in the atmosphere within these zones - as the second step - to values below or equal to the limit values given in the relevant Directives, by 31 December 1995 at the latest.
Germany says that the Directives listed in Article 8, 10 and 12 of Directive 90/656/EEC have been implemented by the Federal law of 26 October 19937. . i
a) Article 8 of Directive 90/656/EEC: Sulfur dioxide and suspended particulates (Directive 80/779/EEC)
As already stated in the 1993 Report, Germany reported the zones which have been designated where concentrations exceeded the limit values as laid down in Directive 80/779/EEC. These zones were situated in Saxony-Anhalt, Saxony and Thuringia.
Altogether the reported exceedances of the limit value can be summarized as follows:
For the following tropical years (1 April to 31 March) the following number of zones/subzones where exceedances have been reported, have been communicated:
91/92: 18. 92/93: 21. 93/94: 4. 94/95: 1. 95/96: 1.
According to the information provided since then, emissions of S02 have been substantially reduced for the entire territory of the 6 new Lander within the time frame established by Directive 90/656/EEC. Information concerning the last two tropical years only reports exceedances of the limit value for S02 in the Erzgebirge region (Saxony). It is expected that the exceedances will subsist for the next four years because of the transboundary nature of S02 pollution in the area. The reasons for these exceedances have been also provided as well as measures established in the region to eventually reduce emissions of S02.
b) Article 10 of Directive 90/656/EEC: Lead in the air (Directive 82/884/EEC)
As already stated in the 1993 Report, the German authorities notified as a precaution the area of Ohrdruf (Landkreis Gotha) as an area where the limit values set up by Directive 82/884/EEC might be exceeded because of the former paint industry. The proximity area was designated as a "risk area". The authorities also informed the Commission of the changes to the production process. As a result, emissions from the plant decreased substantially and reached the prescribed limit value. This was further confirmed by consecutive measurement programmes established in that zone during 1994 and 1995. The highest value recorded in 1995 amounts to 0,69 pg/m3. Consequently, the designation of "risk area" for Ohrdruf was withdrawn.
Two other areas situated in Saxony (Freiberg (a range of industrial installations) and Zwickau (Bleiakkumulatorenwerke)) have been notified but no exceedances have been stated. However, further monitoring is being carried out.
The Commission also received from the German authorities plans for measures and procedures to improve air quality in polluted areas.
c) Article 12 of Directive 90/656/fEEC: Nitrogen dioxide (Directive 85/203/EEC)
The German authorities notified 4 zones likely to experience concentrations above the limit value. However, no exceedances were reported for the entire territory during the time frame set by Directive 90/656/EEC.
As of 1990, according to the German authorities no concentrations in excess of the limit value of nitrogen dioxide have been recorded for the entire territory.
The German authorities have also provided the Commission with information regarding measures to reduce N02 emissions, namely reduction of NOx emissions from stationary sources and from traffic.
According to the information provided by the German Government, the requirements of Directive 85/203/EEC have been achieved in the new Lander.
4. Major accident hazards
Article 9 of Directive 90/656/EEC: major-accident hazards.
According to Article 9, the obligations arising out of Directive 82/501/EEC had to be complied with in respect of the territory of the former German Democratic Republic by 1 July 1992 at the latest. This Directive was implemented into German law8. Operators in all six Lander comply with the objectives under this Directive.
Germany says that in one specific case concerning an enterprise situated in Thuringia no information on safety measures in accordance with Article 5 of Directive 82/501/EEC has been given due to its envisaged closure. Germany has not, however, confirmed that the said enterprise has now been closed.
Pollution bv asbestos
5.
Article 14 of Directive 90/656/EEC: Prevention and reduction of environmental pollution by asbestos (Directive 87/217/EEC)
According to Article 14, the obligations arising out of Directive 87/217/EEC had to be complied with in respect of the territory of the former German Democratic Republic by 31 December 1991 and 30 June 1993 respectively.
The German authorities say that Directive 87/217/EEC has been implemented into German legislation9. This legislation contains provisions which ban the production and use of asbestos, except as regards some existing installations which might continue on a temporary basis. The legislation also covers the limit values for emissions into the air and discharges into water.
6. Waste '
Article 16 of Directive 90/656/EEC: Waste (Directives 75/442/EEC and 78/319/EEC)
According to Article 16 (1), Germany, except in the case of new installations, had to ensure in respect of the territory of the former German Democratic Republic compliance with Articles 8 of Directive 75/442/EEC and 9 of Directive 78/319/EEC by 31 December 1995 at the latest. According to these provisions waste installations have to obtain a permit from the competent authorities. Germany says that authorization procedures are under way as regards existing disposal sites for municipal (133) and hazardous wastes (13), as well as 11 temporary storage sites. It has also supplied information about authorisation of new disposal sites for municipal wastes (3) and 23 temporary storage sites. 84 disposal sites for municipal waste have been closed. If necessary, after care is carried out.
According to Article 16 (2), Germany had to transmit no later than 31 December 1991 improvement plans according to Articles 6 of Directive 75/442/EEC and 12 of Directive 78/319/EEC. The 1993 Report of the Commission stated that the Commission did not share the view of Germany concerning the interpretation of the terms “improvement plans” and took the view that these plans have to be set up in accordance with Articles 6 of Directive 75/442/EEC and 12 of Directive 78/319/EEC. Given that Germany has now put forward for all 6 new Lander - at least to a large extent - all necessary waste management plans which conform to the said provisions the issue has been resolved.
List of annexes:
Annex 1: Communication under Articles 1 to 10, 12 and 14 of Directive 90/656/EEC Annex 2: Communication under Articles 1, 6 and 16 of Directive 90/656/EEC Annex 3: Communication under Article 1 of Directive 90/656/EEC Annex 4: Communication on the general situation as regards Directive 90/656/EEC
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ISSN 0254-1475
COM(98) 33 final
DOCUMENTS
EN
14 01 13 03
Catalogue number : CB-CO-98-033-EN-C
ISBN 92-78-30325-9
Office for Official Publications of the European Communities L-2985 Luxembourg
1
COM(93) 295 final
2
Berlin: Order on water abstraction from surface waters for the supply of drinking water; Brandenburg: Order of 15 April 1997 on the required quality of surface waters for the abstraction of drinking water, entered into force on 17 May 1997; Mecklenburg-Western Pomerania: Order of 24 April 1997 on water abstraction from surface waters for the supply of drinking water, entered into force on 22 May 1997; Saxony: Order of the Saxony Ministry for the Environment and Regional Development of 22 April 1997 on the required quality of surface waters for the drinking water supply, implementing Directives 75/440/EEC and 79/869/EEC, entered into force on 22 May 1997; Saxony-Anhalt: Order of 17 April 1997 on the required quality and monitoring of surface waters for the drinking water supply, entered into force on 23 April 1997; Thuringia: Order of 20 March 1997 on the required quality of surface waters for the supply of drinking water, entered into force on 6. May 1997.
3
Mecklenburg-Western Pomerania: State Order of 3 May 1995 on the required hygiene of bathing resorts, entered into force on 25 May 1995; Saxony-Anhalt: Circular of the Ministry for Labour and Social Affairs of 15 October 1993.
4
Brandenburg: Order of 28 May 1997 on the quality required of surface waters to sustain fish life;
Saxony: Order of the Saxony Ministry for the Environment and Regional Development of 3 July 1997 implementing Directive 78/659/EEC on the quality of freshwaters needing protection or improvement in order to support fish life.
5
Order of 18 March 1997 implementing Council Directive 80/68/EEC of 17 December 1979 on the
protection of groundwater against pollution caused by certain dangerous substances, entered into force on 22 March 1997.
6
Order on drinking water and water for food processing plants, as published by the Notice of 5 December 1990, Amendment of 23 January 1991.
7
22nd Order implementing the Federal Emissions Act. 26 October 1992 amended by Order of 27 May 1994.
8
Accidents Order of 20 September 1991, as last amended by Article 3 of the Order of 26 October 1993.
9
Order of 26 October 1993 on protection against dangerous substances.