GERMANY Law and Practice Contributed by: Stefan Altenschmidt, Pauline Müller and Ina Schwanke, Luther Rechtsanwaltsgesellschaft mbH
Materials Act (Regulation (EU) 2024/1252, CRMA) establishes priority status and approval timeframes for strategic extraction and circular economy pro - jects, driving early-stage exploration programmes and accelerated permitting for designated materials (including lithium, rare earths, cobalt and copper). 2.8 Illegal Mining Illegal mining is not an issue in Germany, nor does it disrupt the production of legal minerals. As a highly regulated state with efficient authorities and long-established NGOs, Germany ensures that legal requirements are usually met by businesses. 2.9 Good and Bad Examples of Community Relations/Consultation Impacting Mining Projects The Berchtesgaden salt mine is one example of posi - tive community relations in mining. This active mine offers tours and attractions for visitors, thereby pro - moting community acceptance. The mine is therefore an important employer in the region and a key attrac - tion for local tourism. There are also positive examples of reuse in Germany. After its closure, the “Zeche Zollverein” coal mine in Essen was redeveloped and turned into a museum and park, becoming a popular tourist destination. The site has been a UNESCO World Heritage Site since 2001. In contrast, the Garzweiler II opencast lignite mine is a negative example of social acceptance. When the mine was to be expanded and a village demolished for this purpose, many people gathered in protest camps, and there were significant protests and dem - onstrations. Ultimately, the police had to clear violent demonstrations. 3. Climate Change, Energy Transition and Sustainable Development in Mining 3.1 Climate Change Effects Germany has set itself the legally binding goal of becoming carbon-neutral by 2045, which exceeds even European targets. Consequently, there are
numerous initiatives to implement this goal. These initiatives are driving the mining industry to reduce emissions, adopt clean technologies and switch to renewable energy sources in general. One direct con - sequence of these climate protection initiatives is the phasing out of lignite mining in Germany by 2038. 3.2 Climate Change Legislation and Proposals Related to Mining Germany and the EU have developed comprehensive climate change legislation. The German Federal Cli - mate Protection Act (KSG) sets out the goal of achiev - ing greenhouse gas neutrality by 2045, along with a series of interim targets. The EU’s Emissions Trading System (ETS) introduced a cap-and-trade system. Additionally, the fuel emissions trading system cov - ers the placing of fuels on the market in the buildings and transport sectors. The CSDDD obliges some large companies to adopt and implement a plan to mitigate the effects of cli - mate change, including the goal of achieving climate neutrality by 2050. The Industrial Emissions Direc - tive (Directive 2010/75/EU) requires an environmental management system, including a transformation plan, to be introduced for the extraction and processing of certain ores. The Methane Regulation (Regulation (EU) 2024/1787) will have a significant impact on the min - ing industry due to its strict requirements regarding methane emissions during the exploration, production and processing of oil and gas, and coal mining. 3.3 Sustainable Development Initiatives Related to Mining The German Sustainability Strategy, last updated in 2025, is based on the United Nations’ 17 Sustainable Development Goals and the German Raw Materials Strategy. Together, they provide a holistic and integra - tive approach to sustainable development. The circu - lar economy, resource efficiency and the expansion of domestic mineral resources to ensure resilience are central to the Raw Materials Strategy. It is also worth mentioning that the development and use of carbon capture and storage (CCS) and carbon capture and utilisation (CCU) projects is being pro - moted. Though CCS was prohibited in Germany for a long time (except for research purposes), a politi -
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