German climate policy insufficient, court rules

9 months ago 27

The German government must present emergency programmes to improve its climate policy in the transport and buildings sector, a Berlin court ruled on Thursday (30 November), after the country repeatedly failed to meet emission reduction targets.

The higher administrative court of Berlin-Brandenburg ruled that the German government must present immediate action programmes to reach the emission reduction targets in the transport and buildings sector, as written in the German climate law.

The ruling follows a lawsuit by environmental NGOs Deutsche Umwelthilfe (DUH) and Friends of the Earth Germany (BUND), who called it a “groundbreaking” decision. The ruling can however be contested at the highest instance, the Federal Administrative Court.

“With the World Climate Conference starting today, the German government must send out a signal in favour of a fresh start in climate protection,” Jürgen Resch, CEO of DUH, said in a statement.

As one potential measure for the immediate action programme, the NGO would like to see a general speed limit on motorways implemented, something that Germany so far does not have, unlike all other European countries.

A speed limit of 100 km/h on motorways, 80 km/h outside urban areas and 30 km/h in cities “would save over 11 million tonnes of CO2 per year and thus a third of the shortfall in the transport sector”, Resch said.

Additionally, the green campaigners would like to see rules providing favourable taxation for company cars slashed, something that they say incentivises large and emissions-intensive cars.

Climate law reform

The ruling comes at a time when the German government has proposed changes to the climate law that would see sectoral targets given up in favour of an overarching approach.

The reform, a pet project by the pro-market FDP party (Renew), would allow missed emissions reductions in difficult sectors such as transport to be outweighed by an overfulfilment in other sectors, such as electricity generation. It is fiercely criticised by environmental organisations, who fear that accountability would be weakened.

The proposed changes would also see the obligation to present emergency programmes scrapped in the future, which critics say does not allow for a long-term oriented approach.

EU target at risk

Germany’s failure to sufficiently reduce emissions in its buildings and transport sectors could also hamper the EU’s target to reduce greenhouse gas emissions by 55% by 2030, compared to 1990 levels, large parts of which are outsourced to its member states through national targets.

In the years up to 2030, Germany could emit 159 more tonnes of CO2 than what would be allowed under the EU’s Effort Sharing Regulation (ESR), according to a projection by the European Environment Agency.

This would require the country to buy so-called ‘emission allowances’ from countries who overachieve their targets. With other large economies such as France and Italy also expected to fail their targets, it remains questionable whether there will be enough allowances available.

The missed targets could also imperil the EU’s planned introduction of an emissions trading system for buildings and road transport (ETS2) as of 2027.

More emissions in Germany could drive up carbon prices in the new system, which will be added to heating bills and prices for petrol and diesel across the EU. Based on current trajectories, some experts expect prices of around €200 per tonne of CO2 instead of the €45 aimed for by EU institutions.

“The new EU ETS2 is intended to be a key element in guaranteeing the EU’s climate targets – however, it is questionable how politically stable it will actually be,” warned Michael Pahle of the Potsdam Institute for Climate Impact Research (PIK).

“If it is severely watered down due to the lack of a corresponding reform, the EU climate targets as a whole could be jeopardised, given Germany’s role in the EU,” he added.