GERMANY Law and Practice Contributed by: Stefan Altenschmidt, Pauline Müller and Ina Schwanke, Luther Rechtsanwaltsgesellschaft mbH
cies are conclusively listed in the Habitats Directive (92/43/EEC). Additionally, there are nature reserves, national parks and other specially protected areas that are independ - ent of Natura 2000 and have special legal protection. According to the Federal Nature Conservation Act, interventions in nature and the landscape usually require compensatory and remedial actions to be implemented. 2.3 Impact of Community Relations on Mining Projects If an environmental impact assessment is required as part of the approval process, public participation takes place. During this process, the environmental assessment report and other project-related docu - ments are published for at least one month, during which time parties affected by the project, as well as environmental associations, have the opportunity to submit statements. A meeting is also held to discuss the objections and statements with the project owner, the authorities and those affected. Once the authority has made its decision on the environmental impact assessment, the decision will be published. The public should be involved at an early stage in projects that have more than a minor impact on the interests of a large number of third parties. The project owner should inform those affected about the plan’s objectives, how it will be implemented and its expect - ed impacts. The Federal Mining Act also provides for municipal participation in the approval of operating plans. 2.4 Prior and Informed Consultation on Mining Projects If an environmental impact assessment is required, the mining authority must carry out prior and informed consultation. The project developer must submit a report on the expected environmental impact of the project to the authority. The authority publishes the report and the plan for at least one month, during which time it accepts comments and objections from the affected public and environmental organisations. A meeting is also held to discuss the objections and statements with the project owner, the authorities and those affected. Public participation is also mandatory
if a facility relevant to major accidents is to be built or modified, and if the appropriate safety distance to neighbouring protected objects is not maintained.
2.5 Impact of Specially Protected Communities on Mining Projects
The Sorbs are a traditional community in Germany, located in an area of central Germany where lignite is extracted. However, their interests are protected by general rules, and mining activities are not specifically limited. 2.6 Community Development Agreement for Mining Projects German mining law does not allow for community development agreements to be made for mining pro - jects. Although public consultations can take place during the approval process, the granting of licenc - es is governed by law and is not subject to specific agreements with local communities. 2.7 ESG Guidelines and Regulations Germany has implemented a number of ESG policies and regulations, most of which are a consequence of EU legal requirements. The main EU-level ESG laws include: • the Corporate Sustainability Reporting Directive (Directive (EU) 2022/2464, CSRD), which obliges companies to report on ESG-related topics; and • the Non-Financial Reporting Directive (Directive 2014/95/EU, NFRD). The Corporate Sustainability Due Diligence Directive (Directive (EU) 2024/1760, CSDDD) establishes due diligence obligations for companies regarding their own activities and those of their supply chain. The EU Taxonomy Regulation (Regulation (EU) 2020/852) establishes a framework for classifying economic activities and investments as environmentally sus - tainable. In accordance with the German Supply Chain Due Diligence Act ( Lieferkettensorgfaltspflichtengesetz – LkSG), businesses in Germany must also meet due diligence obligations with regard to human rights and environmental standards in their own activities and those along the supply chain. The EU Critical Raw
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