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Edler, J.. Umweltgesetzbuch und IKZM – Umweltrecht im Wandel. (Environmental Code and ICZM – Environmental Law in Times of Change.) In: Schernewski, G., Janßen, H., Schumacher, S. (eds.). Coastal Change in the Southern Baltic Sea Region. Coastline Reports (12), pp. 37-51. EUCC - The Coastal Union, Leiden, 2009.

Zusammenfassung:

The objective of this article is to examine legal settings concerning changing German Environmental Law. The article deals with general information about the Environmental Code and details concerning the implementation of Integrated Coastal Zone Management (ICZM).

The first question is: Why do we need a new environmental code? The answer is seen in the want of simplified and harmonised rules, the need for renewing and deregulating former regulations in addition to adding “new” concepts like integration and sustainability and implementation of simple mechanisms for European Law and new technologies´ applications. By the way there is hope for more effectiveness, strengthen innovation, lower costs and less bureaucracy. There were many different stages in the history of the Environmental Code. This idea isn’t new; the first steps were taken in the seventies, when the government first declared the benefits a codification of environmental regulations could have. As a result a few feasibility projects were carried out and the attractiveness of a new Environmental Code increased. In 1990 and 1994 the so called (environmental law) professors’ drafts concerning a codification were published, the first part concerns general aspects of environmental law and the second regarding the specific issues of different environmental sectors. Then a group of independent legal experts under the chairman Horst Sendler, set up by the

environment minister at the time, devised another draft. First the legal conditions for such a huge project had to be identified. Then some legislative problems had to be solved before a proposal could be introduced in the parliament. For want of authority for legal settings through the Bund concerning water and nature conservation a new arrangement had to be discussed. When the federalism reform passed, the legislature was able to prepare a draft Environmental Code. The new drafts were critically discussed and because of a moratorium given by the federalism reform this ambitious project is on a tight schedule since elections will be held in autumn 2009. The proposal of the Federal Ministry of Environment, Nature Conservation and Nuclear Safety from May 2008 consists of a general part (UGB I) with general provisions and project related environmental legislation, followed by special parts concerning different environmental themes. There are regulations concerning water management (UGB II), Nature conservation (UGB III), non– ionising radiation (UGB IV) and rules related to the Greenhouse gas emissions trading (UGB IV). Furthermore there are EG UGB, an introductory act to the Environmental Code, an Ordinance on projects under the Environmental Code and an Ordinance on environmental officers. It’s still unclear when the Environmental Code is coming, but it will come – sooner or later. We have to wait. For the First time a regulation of ICZM appeared in the draft of the environmental code. Integrated Coastal Zone Management (ICZM) as recommended by the European Community is one idea to achieve suitable solutions for the coastal zone. The purpose of ICZM is not mentioned in the new regulations; therefore there is a need for special considerations. The planned regulation has more to do with the preparation time of decisions and does not include all stakeholders mentioned in the recommendations. The regulation doesn’t give a detailed and clear answer as to which rights and obligations all of the stakeholders have. The regulations also lack information dealing with transboundary work. Today there is a change inEnvironmental Law but it’s a very small one.

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