NEWS

Sheathing Ordinance adopted: Substitute building materials regulated nationwide

Mantel

NEWS: The Federal Government's jacket ordinance has been passed: The Bundesrat gave its final approval in its plenary session on 25 June 2021. On Thursday, 10 June 2021, the members of the Bundestag had already approved the Federal Government's Ordinance on the Introduction of a Substitute Building Materials Ordinance, on the Revision of the Federal Soil Protection and Contaminated Sites Ordinance and on the Amendment of the Landfill Ordinance and the Commercial Waste Ordinance (19/29636, 19/29997 No. 2.3). The CDU/CSU, SPD and Bündnis 90/Die Grünen voted in favour, the AfD voted against with the FDP and the Left Party abstaining. Thus, after a procedure of almost 15 years, the ordinance replaces, among others, the relevant technical regulations of the Federal/State Working Group on Waste (LAGA).

Mineral waste represents by far the largest waste stream in Germany, with about 240 million tonnes. The two most important recovery routes are recycling, i.e. processing and use in technical structures, and backfilling of excavations and opencast mines. Until now, there have been no legally binding federal principles for the proper and harmless recovery of mineral waste. This is now to be changed by the Outer Shell Ordinance. The goals are

  • to ensure the best possible recycling of mineral waste within the meaning of § 6 of the Closed Substance Cycle Waste Management Act (KrWG), and
  • to adapt the requirements for the sustainable protection and restoration of soil functions within the meaning of § 1 of the Federal Soil Protection Act (BBodSchG) to the state of knowledge.

The users have a two-year transitional period: The Mantelverordnung enters into force on 1 August 2023. Article 5 announces: "The Federal Government shall review the effects of the enforcement of the regulations on the recovery of mineral waste on the basis of the development of waste management by 5 August 2025 and, if necessary, implement the consequences by adapting the Ordinance.

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