Mining 2026

GERMANY Trends and Developments Contributed by: Stefan Altenschmidt, Pauline Müller and Ina Schwanke, Luther Rechtsanwaltsgesellschaft mbH

Implementation of the Industrial Emissions Directive (IED) In addition to the amendments introduced through the Geothermal Energy Acceleration Act, further changes to the Federal Mining Act are planned as part of the implementation of the Industrial Emissions Directive. Through the Amendment Directive (2024/1785/EU), mining law is affected for the first time, as the Direc - tive now also applies to the extraction of metallic raw materials such as lithium, cobalt and nickel. According to the draft legislation published by the BMWK, a new section will be added to the Federal Mining Act to implement these requirements. The key changes include: • the obligation for companies to establish an envi - ronmental management system; • adherence to strict emission limits in line with best available techniques; and • the provision of more detailed information in oper - ating plans. Overall, these EU requirements are expected to result in stricter regulation while simultaneously increasing the complexity of approval procedures under mining law. The Directive must be implemented into German law by July 2026. CRMA While Germany focuses on national supply security, the EU has developed a parallel framework through the CRMA. The CRMA lays a new strategic founda - tion for a secure, crisis-proof and sustainable Euro - pean supply of raw materials. The Regulation serves to strengthen the EU’s long-term supply of critical and strategic raw materials and to reduce its dependence on imported raw materials. The CRMA identifies 34 critical and 17 strategic raw materials that are essential for key technologies in the green and digital transformation, as well as for aero - space and defence. These are listed in Annexes I and II of the Regulation and are subject to regular review by the European Commission. Examples of strategic raw materials include aluminium/bauxite, graphite, cobalt and lithium (in battery quality).

• Longer terms for main operating plans (Section 52 (1) BBergG): extension of regular terms from two to four years to up to eight years – less administrative work with continued control. • Coverage for mining damage in geothermal pro - jects (Section 56 (3) BBergG): introduction of an obligation to provide proof of adequate coverage for mining-related damages in geothermal projects – eg, through a mining damage compensation fund or liability insurance. Another key component of the reform is the imple - mentation of the EU Renewable Energy Directive (RED III). To this end, the scope of Section 57e BBergG has been broadened and now covers not only geothermal energy systems but also hydrogen storage facilities and deep heat storage facilities. Furthermore, the approval process for operating plans related to these facilities is to be accelerated through digitalisation. In future, these procedures must be car - ried out entirely electronically, and the involvement of other authorities must take place digitally. Additionally, other procedural requirements apply: • comments must be received within one month; • the completeness of an application must be veri - fied within 45 days; • maximum processing periods are usually one year, albeit without legal fictions in the event of dead - lines being exceeded; • decision documents must be published electroni - cally; and • a discussion meeting is no longer required. Overall, the amendments aims to streamline and digi - tally modernise application procedures while imple - menting the German government’s energy and raw materials policy objectives. However, these amend - ments do not amount to a holistic reform of the Fed - eral Mining Act. While they do bring some simplifica - tions to the approval procedure in general, the most significant changes aimed at accelerating the process will only affect certain projects.

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