BImSchG

The Bundes-Immissionsschutzgesetz (BImSchG) is a German federal environmental law that aims to protect human health and the environment from harmful immissions, including air pollutants and noise, caused by installations and activities. It provides the framework for preventing, reducing, and controlling emissions into air, water, and soil, as well as related disturbances such as noise and odors.

A central feature of the act is the licensing regime for industrial and certain other installations. Installations that may emit pollutants or cause significant immissions require an immission control permit. The permit specifies emission limit values, monitoring and reporting duties, and operating conditions designed to ensure compliance with environmental standards. The BImSchG is complemented by implementing regulations and technical guidelines that set concrete limits for various installation types.

Procedural rights and public participation form another key aspect. Permit procedures include opportunities for affected communities and the public to comment and access relevant documents. Decisions are subject to review under administrative and environmental law, with enforcement possible through orders, fines, and, if necessary, permit revocation or modification.

The BImSchG operates in conjunction with EU environmental law. It has been amended several times to transpose and align with European directives, most notably the Industrial Emissions Directive (IED). In practice, the act is complemented by technical instructions for air protection (such as TA Luft) and a range of ordinances that define specific emission standards and procedures. Enforcement is conducted by the German states (Länder) under federal supervision, with the federal government providing overarching policy and coordination.