Permits for industrial facilities, Emission control, Emissions trading
Companies need legal certainty. The manufacturing industry especially depends on secure permits for industrial facilities. The core of the law on permits for industrial facilities lies in the German Emission Control Law (Bundesimmissionsschutzrecht), which in the 4th German Federal Emission Control Ordinance (4. BImSchVO) defines which industrial facilities require official authorization. We advise you before the authorization procedure is initiated, as regards strategic decisions and the choice of procedures and industrial facilities, with respect to implementation of the procedures and the subsequent review of the official decision.
Of course, we also assist your company in all detailed questions relating to emission control law, e.g. in adjusting the operational situation to the requirements of the “TA-Luft” and “TA-Lärm” (technical specifications for air pollution and noise control).
Other legal regulations also require permits for industrial facilities. For instance, gas and oil pipelines require a “Planfeststellung” (a very complex procedure during which the competent authorities decide on whether the project is in line with the laws, by thoroughly considering all issues related to the project and balancing all interests it concerns) or “Plangenehmigung” (i.e. the project plan authorization) in accordance with energy management law. The use of water is subject to appropriate permission or approval under water law, excavations require separate authorization.
We assist and represent you in all authorization procedures in close cooperation with experts and planners. Of course, we also represent your interests in judicial proceedings with authorities or third parties.
In Germany, the operators of about 1700 industrial facilities take part in emissions trading. They include, in particular, the large incineration facilities as well as the major energy-intensive industrial plants such as steel mills, refineries and cement plants.
For the emission of carbon dioxide the operators of these facilities are obliged to deliver an equivalent of appropriate certificates to the Deutsche Emissionshandelsstelle (German Emissions Trading Authority – “DEHSt”). In this context we advise on all issues relating to identification of the relevant facilities, the application for allocation, possible appeal from allocation decisions and the options to replace the emissions trading certificate with certificates from Clean Development Mechanisms, CDM or joint implementation measures (JI).
