Communication from the Commission - State of the environment in the 6 Länder of the former East Germany
Date: 1998-02-02
Institutions: European Commission
Subjects: EU environmental policy, German Democratic Republic, environmental protection, environmental standard, product quality

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. 

a) 

Water 

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~ 

information  on 

lacks 
Zeuggraben/Flôha. 

the  quality  of  the  water  which 

is  extracted  as  regards 

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 
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. 

76/464/EEC, 

84/156/EEC, 

83/513/EEC, 

82/176/EEC, 

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 
1995  amounts  to  0,69  u.g/m3.  Consequently,  the 
The  highest  value  recorded  in 
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/ 

DA: Bilaget foreligger  kun pâ tysk 

EN: Annex exists in German only 

ES: Anexo disponible sôlamente en alemân 

FI: Liite saatavilla ainoastaan  saksankielisenâ 

FR: Annexe disponible seulement en allemand 

GR: To jraQàQTT||ia imdQxei \iôvo oxa ytQ\iavinâ 

IT: Allegato disponibile soltanto in tedesco 

NL: Annex bestaat alleen in het duits 

PT: Anexo apemas disponivel em alemâo 

SV: Bilagan finns bara pâ tyska 

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