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General regulation adopted: Substitute building materials regulated nationwide

September 7, 2021

NEWS: The Federal Government's framework ordinance has been adopted: The Federal Council 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 Alliance 90/The Greens voted in favour, while the AfD voted against, with the FDP and the Left Party abstaining. After a process lasting almost 15 years, the ordinance thus also replaces the relevant technical regulations of the Federal/Länder Working Group on Waste (LAGA).

At around 240 million tonnes, mineral waste is by far the largest waste stream in Germany. The two most important recovery methods are recycling, i.e. processing and utilisation in technical structures, and the backfilling of excavations and open-cast mines. Until now, there has been no standardised, legally binding basis for the proper and harmless recycling of mineral waste. The Mantelverordnung is now intended to change this. The aims are

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

Users will have a two-year transitional period: The General Ordinance will enter 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 waste management developments by 5 August 2025 and implement any consequences by amending the Ordinance."

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