COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 02.02.1998 
COM(1998) 33 final 
COMMUNICATION FROM THE COMMISSION 
STATE OF THE ENVIRONMENT 
IN THE 6 LANDER OF THE FORMER EAST GERMANY 

STATE OF THE ENVIRONMENT 
IN THE 6 LANDER OF THE FORMER EAST GERMANY 
Summary 
In accordance with Council Directive 90/656/EEC Germany had to implement EC 
legislation on the protection of the environment in the 6 new Lander within a specified 
timetable and by 31 December 1995 at the latest. 
As regards Directive 90/656/EEC Germany informed the Commission of the measures 
which have been taken, difficulties which have been met and the improvements which 
have been achieved as regards the environmental situation in the 6 new Lander. 
Legislation has been implemented and measures have been taken in time to meet the 
obligations provided for by Directive 90/656/EEC, except as regards a range of Directives 
in the water sector. 
There has been a failure to implement correctly the range of EC legislation as regards the 
setting up of systematic plans of action for surface water used for drinking water, and the 
implementation of legislation as regards bathing water, the discharge of dangerous 
substances and the quality of fish-farming waters. There are particular difficulties as 
regards the quality of drinking water in two Lànder, S02 emissions in one and lead 
emissions in three specific areas. 
L Introduction 
Council Directive 90/656/EEC on the transitional measures applicable in Germany with 
regard to certain Community provisions relating to the protection of the environment lays 
down in its Articles 1 to 16 a specific timetable for the implementation of Community 
environmental legislation in the Lander of the former East Germany: Berlin, Brandenburg, 
Saxony, Saxony-Anhalt, Thuringia and Mecklenburg-Western Pomerania. Further 
provisions are contained in Council Directive 90/660/EEC on the transitional measures 
applicable in Germany with regard to certain Community provisions relating to the 
protection of the environment in connection with the Internal Market. 
These provisions list certain Directives concerning the environment which had to be 
implemented in the area of former East Germany. In all cases, a date was specified by 
which time the implementation had to be complete. The last set of implementation 
measures had to be taken by 31 December 1995 at the latest 
In accordance with Article 17 of Directive 90/656/EEC, 
the Federal Republic of Germany shall forthwith inform the Commission of the 
measures taken pursuant to Articles 1 to 16, which the Commission shall communicate to 
the other Member States and to the European Parliament. 
This report aims to communicate the information received so far from the German 
authorities to the other Member States and to the European Parliament. 
A first set of information was received by the Commission in mid -1993 and was put to 
the European Parliament and to the Member States in a report dated 29 June 19931. 
Following this report the Commission, by letters of 5 July and 9 October 1996 and 30 
April and 12 August 1997, received further information concerning water, waste, air 
pollution and nature protection. This information, and in certain cases cases other 
information officially received by the German authorities, is the basis of this report. It 
concerns exclusively the implementation of those legal requirements set out in Directive 
90/656/EEC Articles 1 to 16. 
In introducing the report, it must be stressed that the intention is to repeat information 
already covered in the 1993 Report only if necessary for this Report. It is therefore 
focused on those legal measures which had to be taken after the first Report was issued. 
Therefore this Report does not address Council Directive 90/660/EEC on the transitional 
measures applicable in Germany with regard to certain Community provisions relating to 
the protection of the environment in connection with the Internal Market, given that all 
information required has been put forward already in the 1993 Report. Furthermore, it 
must be stressed that any judgment as to the state of implementation of the Directive can 
only be based on the most recent data supplied to the Commission by the German 
authorities. 
II. In general 
While Directive 90/656/EEC obliges Germany to implement EC legislation on the 
protection of the environment within a specified timetable and by 31 December 1995 at 
the latest, Germany says that it aims to establish the same environmental conditions in 
west and east by the year 2000. 
Germany says that soil, water and air were dramatically polluted at the time of unification. 
Therefore, significant effort has been undertaken to adapt the level of environmental 
protection in the 6 new Lander to that of the former West Germany in parallel with the 
drafting of the legislation to be implemented in accordance with the said Directives. 
According to the reports submitted by Germany, priority has first been given to immediate 
action to cope with high risk situations as regards human health and the environment. 
In parallel to this, specific measures have been taken regarding the different sectors such 
as water protection (in particular supply for drinking water and waste water treatment), 
air pollution (in particular as regards dust and sulfur dioxide) and waste management. 
Germany has supplied information about important financial aid which has been granted 
for improvement measures i.e. through the European Recovery Programme. 
The Commission has already in its 1993 Report stated that environmental improvement in 
the 6 new Lander since unification is also largely due to the closure of obsolete industrial 
plants. This fact has been confirmed by the reports submitted by Germany, in particular as 
regards water and air pollution. 
COM(93) 295 final 
In summary, Germany states that in all sectors there have been significant improvements, 
in spite of other factors such as the considerable increase in number of vehicles. 
HI. In detail 
1. Water 
a) Article 1 of Directive 90/656/EEC: Surface water (Directives 75/440/EEC 
and 79/869/EEC) 
According to Article 1 of Directive 90/656/EEC Germany had to ensure, in respect of the 
territory of the former German Democratic Republic, that the quality standards for surface 
water and the methods of measurements and frequencies of sampling and analysis laid 
down in Directives 75/440/EEC and 79/869/EEC would be complied with by 31 
December 1995 at the latest. 
The German authorities notified the Commission in 1997 of the necessary legislation 
adopted or still to be adopted by the 6 new Lander to implement Directives 75/440/EEC 
and 79/869/EEC2. Some of them are not in accordance with the requirements of the 
Directives. 
Directive 75/440/EEC 
According to Article 3 of Directive 75/440/EEC Member States shall set, for all sampling 
points or for each individual sampling point, the values applicable to surface water for all 
the parameters listed in that Directive. Germany says that abstracted surface water is used 
in drinking water in Mecklenburg - West Pommerania, Saxony, Saxony-Anhalt and 
Thuringia and that the sampling points have been subdivided into categories A 1 (5), A 2 
(20), A 3 (2) and below A 3 (1). The latter concerns abstraction of surface water from the 
river Warnow, Mecklenburg-Western Pomerania. The relevant parameters are phosphates, 
dissolved oxygen saturation rate and total coliforms. 
According to Article 4 (2) of Directive 75/440/EEC, Member States shall take the 
necessary measures to ensure continuing improvement of the environment. To this end, 
they shall draw up a systematic plan of action including a time table for the improvement 
of surface water and especially that falling within category A 3. Such plans have been 
transmitted for Brandenburg, Saxony and Thuringia. However, only in the first case has 
the notified plan been set up in accordance with Article 4 (2). As regards Saxony the plan 
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. 
k~ 
lacks information on the quality of the water which is extracted as regards 
Zeuggraben/Flôha. 
In accordance with Article 4 (3) of Directive 75/440/EEC, a water resources management 
plan has been notified to the Commission concerning the river Warnow, Mecklenburg-
Western Pomerania. Another water resources management plan has been notified 
concerning the Weida dam in Thuringia, as regards nitrate. 
Directive 79/869/EEC 
According to Articles 3 and 4 of Directive 79/869/EEC, Member States have to use the 
reference methods of measurement as set out in this Directive, and should respect the 
minimum annual frequencies of sampling and analysis for the parameters listed in Directive 
75/440/EEC. 
The German authorities have supplied information about the legislation to implement 
Directive 79/869/EEC. According to this information legislation is being prepared in all 6 
new Lander. The authorities have supplied information about both parameters and 
frequencies as set up in all 6 new Lander. Some of them are not in accordance with the 
requirements of the Directive. 
b) Article 2 of Directive 90/656/EEC: Quality of bathing water (Directive 
76/160/EEC) 
According to Article 2 of Directive 90/656/EEC, Germany had to ensure, in respect of the 
territory of the former German Democratic Republic, that the obligations arising out of 
Directive 76/160/EEC were complied with by 31 December 1993 at the latest. 
Germany has said that as regards the 6 new Lander the necessary legislation to implement 
Directive 76/160/EEC is being prepared but is not yet finally adopted, except for 
Mecklenburg-Western Pomerania and Saxony-Anhalt3. It is to be noted that in the latter 
case a circular instead of binding legislation has been issued. 
c) Article 3 of Directive 90/656/EEC: Discharge of dangerous substances 
(Directive 76/464/EEC and daughter Directives) 
According to Article 3 of Directive 90/656/EEC, Germany had to apply, in respect of the 
territory of the former German Democratic Republic, the provisions laid down in 
Directives 76/464/EEC, 82/176/EEC, 83/513/EEC, 84/156/EEC, 84/491/EC, 
86/280/EEC and 88/347/EEC to industrial installations which on the date of German 
unification were located in that territory, from December 1992 at the latest. The date was 
postponed by Commission Directive 93/80/EEC until 31 December 1995. 
Germany says that the said Directives are not yet implemented. It is envisaged that they 
will be implemented at Federal level. Preparation work is under way. 
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. 
é 
Germany has also submitted figures and tables demonstrating a considerable reduction in 
dangerous substances (mercury, cadmium, phosphor) in surface waters, especially the 
river Elbe. 
d) Article 4 of Directive 90/656/EEC: Quality offish-farming waters 
(Directive 78/659/EEC) 
According to Article 4 of Directive 90/656/EEC, Germany had to ensure, in respect of the 
territory of the former German Democratic Republic, that the obligations arising out of 
Directive 78/659/EEC would be complied as from December 1992 at the latest. 
Germany has said that the said Directives are not yet implemented. Implementation is 
envisaged at Federal level. Preparation work is under way. In 1997 the German authorities 
notified legislation concerning two new Lander4. 
e) Article 6 of Directive 90/656/EEC: Protection of groundwater against 
pollution (Directive 80/68/EEC) 
According to Article 6 of Directive 90/656/EEC, Germany had to ensure, in respect of the 
territory of the former German Democratic Republic, that the obligations arising out of 
Directive 80/68/EEC would be complied with by December 1995 at the latest. 
Germany has said that the said Directive is to be implemented at Federal level. In 1997 
Germany transmitted the implementing regulation which was adopted on 18 March 19975. 
Furthermore, Germany has supplied details of the implementation measures with regard to 
Articles 3 to 6 of Directive 80/68/EEC. 
Articles 3, 4 and 5 concern the discharge of substances in lists I and II into groundwater. 
Germany says that there is no direct discharge of such substances. As regards Articles 4 
(1) 2nd indent and 5 (1) 2nd indent, monitoring is carried out and authorisations are 
issued to prevent indirect discharges of substances in list I and to avoid pollution by 
substances in list II. The situation concerning disposal sites is described (see below in the 
section on waste). As regards Article 4 (1) 3rd indent, Germany says that transitional 
measures have been taken until legislation enters into force. Germany has also supplied 
information on direct discharges in specific cases in Thuringia which either have been 
brought to an end or are considered not to be covered by Directive 80/68/EEC due to 
Article 2 letter b). As regards Article 6, Germany has supplied information about 
authorised artificial recharges in Saxony and Saxony-Anhalt. 
Finally, in view of the importance of groundwater in the 6 new Lander (which delivers 
two thirds of the quantity of drinking water) Germany has supplied information about a 
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. 
project concerning the monitoring of groundwater and the establishment of a network of 
measurement points. 
f) Article 7 of Directive 90/656/EEC: Quality of water intended for human 
consumption (Directive 80/778/EEC) 
According to Article 7 of Directive 90/656/EEC, Germany had to ensure, in respect of the 
territory of the former German Democratic Republic, that the obligations arising out of 
Directive 80/778/EEC would be complied with by December 1995 at the latest. It should 
endeavour though to achieve this by 31 December 1991. If it failed to achieve this 
objective, Germany had immediately to submit to the Commission all the relevant 
information together with an improvement plan describing how compliance with the 
standards would be ensured by the deadline of 31 December 1995. 
Germany says that Directive 80/778/EEC has been implemented by Federal legislation 
which applies from 1 October 1995 in the 6 new Lander6. 
As regards the quality of water intended for human consumption distributed in the 6 new 
Lander, the Commission has already stated in its 1993 Report that Germany did not 
manage to bring it up to the level required by Directive 80/778/EEC by 31 December 
1991. A first report issued by Germany in 1992 was not considered by the Commission to 
be complete, in view of the obligation provided for by Article 7 of Directive 90/656/EEC 
as described above. This was due in particular to a lack of reliable data. A further report 
has been issued in June 1996. This report describes in detail the overall situation 
concerning the quality of drinking water after 1992, measures which have been taken in 
the meantime and results which have been obtained. Overall, it is stated that limit values 
have been exceeded only in particular cases: at the end of 1995 less than 0,1 % of the 
population had been affected by exceedances of the limit values for toxic substances in 
Annex I of Directive 80/778/EEC, and 0,6 % by exceedances of the limit value for 
nitrates. 
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 pollution bv SQ2. NOx 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: 
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. 
> 
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. ; 
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 
7 22nd Order implementing the Federal Emissions Act. 26 October 1991 amended by Order of 27 May 
1994. 
consecutive measurement programmes established in that zone during 1994 and 1995 
The highest value recorded in 1995 amounts to 0,69 u.g/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/EEC: 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. 
8 Accidents Order of 20 September 1991, as last amended by Article 3 of the Order of 26 October 199; 
5 
5. Pollution bv asbestos 
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. 
9 Order of 26 October 1993 on protection against dangerous substances. 
fo 
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 
1/ 
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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 
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