Climate Protection Act

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Various laws for the implementation of climate policy and specifically for achieving climate goals are referred to as the Climate Protection Act .

With the climate protection laws an attempt is made to fulfill the agreements from the Kyoto Protocol , the Paris Climate Agreement or other international agreements, together with other strategies for the energy transition . Often these are integrated into a national climate protection program .

European Union

The European Commission announced on 11 December 2019., as part of the European Green Deal to March 2020 a draft European "climate bill" to anchor the goal of climate neutrality submit to the 2050th

Germany

Federal level

During the election campaign for the 2013 federal election, the SPD and Bündnis 90 / Die Grünen made drafts or election promises for a national climate protection law. A German climate protection law has long been seen by several environmental organizations and development associations as a key contribution to global climate protection efforts, including the Climate Alliance . Individual drafts such as the one by the environmental foundation WWF in 2017 already provided for a target attainment plan with regular reporting ( monitoring ), since the climate targets set by the federal governments would otherwise be missed: "There is a large gap between target and implementation."

In February 2018, the left-wing parliamentary group introduced an application for a climate protection law with climate targets and interim targets up to 2050 to the Bundestag . The phase-out from coal and its social and structural protection and anchoring in law were also debated by the parliamentary groups with further proposals on climate protection in plenary.

In the coalition agreement for the 19th parliamentary term of the Bundestag in 2018, a "law on compliance with the 2030 climate targets" was agreed. In the government declaration, the new Federal Minister for the Environment, Nature Conservation and Nuclear Safety, Svenja Schulze , promised a climate protection law for 2019. The law is intended to legally anchor the guidelines for the 2030 climate protection target.

After the climate conference in Katowice , the German government announced that it would draw up a draft law at the beginning of 2019 and introduce it to the Bundestag, which would build on the Climate Action Plan 2050 adopted in 2016 .

The CO 2 pricing should be designed socially with structural aid for the lignite areas and socio-ecological transformation, declared the SPD member of the Bundestag Klaus Mindrup and the SPD parliamentary deputy Matthias Miersch . The need for a social structure became particularly clear after the yellow vest protests in France against an eco tax and the decreasing purchasing power. By repaying a CO 2 tax as “ energy money ” per capita, households with low incomes and families in particular should be relieved, declared the chairmen of Bündnis 90 / Die Grünen , Robert Habeck and Annalena Baerbock in December 2018. The Left in the Bundestag emphasized the need for a CO 2 tax and social tariffs . The CDU Economic Council rejected a CO 2 tax or a CO 2 price because of feared distortion of competition , while environmentalists pleaded for a high minimum price for greenhouse gases.

On February 18, 2019, the Ministry of the Environment presented a draft bill for a Federal Climate Protection Act (KSG) - without the consent of the Federal Chancellery. Following the resolutions of the Climate Cabinet , the draft law of October 19, 2019 was passed by the Federal Government and introduced to the Bundestag. The Federal Climate Protection Act was promulgated on December 17, 2019 and the associated tax relief on December 30, 2019.

Legislation of the federal states

Although the main legislative competence for climate policy in federal Germany lies at the federal level, the federal states have also become active within their scope to achieve greenhouse gas neutrality by 2050:

North Rhine-Westphalia

At the state level, North Rhine-Westphalia passed the first German climate protection law with statutory climate protection targets on January 23, 2013. NRW emits around a third of all greenhouse gases produced in Germany. With the "engine of progress" climate protection, new jobs are to be created and the country's competitiveness will be strengthened. The climate portal www.klima.nrw.de was set up for long-term implementation.

Baden-Württemberg

A climate protection law was passed in Baden-Württemberg and came into force on July 31, 2013. The aim of the law is to reduce greenhouse gas emissions in Baden-Württemberg by at least 25% by 2020 (compared to 1990). The aim is to reduce this by 90% by 2050.

Rhineland-Palatinate

In Rhineland-Palatinate , the “State Law for the Promotion of Climate Protection” came into force on August 23, 2014. Greenhouse gas emissions in Rhineland-Palatinate are to be reduced by at least 40% by 2020 compared to 1990. The aim is to achieve climate neutrality by 2050, but greenhouse gas emissions are to be reduced by at least 90% compared to 1990 levels.

Bremen

In Bremen on 27 March 2015 entered into force the "Bremen's climate and energy law." The aim of this law is to reduce the carbon dioxide emissions caused by final energy consumption in the state of Bremen, with the exception of the steel industry, by at least 40% by 2020 compared to 1990.

Berlin

In Berlin on 6 April 2016, the "Berlin Energy Transition Law" came into force. On November 8, 2017, the first amendment to the Berlin Energy Transition Act came into force. The total amount of carbon dioxide and greenhouse gas emissions in Berlin is to be reduced by at least 40% by 2020, by at least 60% by 2030 and by at least 85% by 2050 (compared to 1990). The generation of energy from lignite is to be ended by December 31, 2017 and from hard coal by December 31, 2030 at the latest.

Schleswig-Holstein

In March 2017 the “Law on the Energy Transition and Climate Protection in Schleswig-Holstein” came into force. Greenhouse gas emissions are to be reduced by at least 40% by 2020, by at least 55% by 2030, by at least 70% by 2040 and by 80-95% by 2050 (compared to 1990 in each case).

Free State of Thuringia

On December 29, 2018, the “Thuringian Law on Climate Protection and Adaptation to the Consequences of Climate Change” came into force. Greenhouse gas emissions are to be reduced by 60 - 70% by 2030, by 70 - 80% by 2040 and by 80 - 95% by 2050 (in each case compared to 1990). From 2040 onwards, the energy demand in Thuringia is to be completely covered by a mix of renewable energies from its own sources.

Free and Hanseatic City of Hamburg

On February 29, 2020 of which is Hamburg Parliament anchoring adopted state goal "to limit global warming" in the preamble to the Hamburg Constitutional (short HmbKliSchG) and the new version of the "Hamburg Climate Law" came into force. According to the polluter balance of the Free and Hanseatic City of Hamburg, carbon dioxide emissions are to be reduced by 55% by 2030 and by 95% by 2050 (based on the base year 1990) in accordance with Section 4 (1) HmbKliSchG. Sector targets for carbon dioxide emissions from the areas of private households, trade / trade / services, industry and transport for the year 2030 compared to the carbon dioxide emissions of 1990 are to be derived from the Hamburg climate plan . In addition, the Climate Protection Act regulates u. a. a general obligation to set up and use a photovoltaic system, a compulsory share of renewable energy for the heat supply in existing buildings, a heat register, the phase-out of coal in the heat supply and national goals for the transport sector. There are also plans to ban oil heating , air conditioning and night storage heating . The Hamburg Senate decided to update the Hamburg Climate Plan on December 3, 2019.

Austria

Building on the Austrian Climate Strategy , the National Council passed the Climate Protection Act as a government bill on October 19, 2011 in its 24th legislative period. The detailed title of the law is: Federal law on compliance with maximum levels of greenhouse gas emissions and on the development of effective measures for climate protection (Climate Protection Act - KSG) . The aim was to enable the coordinated implementation of effective climate protection measures . The Federal Minister for Agriculture, Forestry, Environment and Water Management also has to set up a National Climate Protection Advisory Board. The law is supplemented by other energy and climate policy measures in klima: aktiv . However, when the Climate Protection Act was amended, it was heavily criticized, and the Greens voted against it. The amendment stipulates the reduction targets for greenhouse gas emissions in Austria for the period 2013–2020 and divides them by sector.

Switzerland

Climate protection instruments of the Swiss CO 2 law.

In Switzerland's climate policy , the Federal Act on the Reduction of CO 2 Emissions (CO 2 Act) is the core of the political measures. Due to the CO 2 -Gesetzes which is CO 2 -Abgabe raised as incentive tax and fix the exemption or refund to the economy and population. The share of the population of the climate taxes paid to the state is redistributed evenly to all natural persons as a revenue-neutral incentive tax (Art. 36). Another part of the income will be used for climate protection: to promote technologies to reduce greenhouse gases (Art. 35), a maximum of CHF 25 million per year will be transferred to the Swiss Technology Fund to finance guarantees from 2013 onwards . Another pillar is an emissions trading system for large industrial companies and, from 2020, also for air traffic within Switzerland and to the European Economic Area .

The CO 2 law of October 8, 1999 came into force on May 1, 2000 as the federal law of October 8, 1999 on the reduction of CO 2 emissions . It was amended on December 23, 2011, and there was a revision on January 1, 2013. Due to the Paris Agreement , it was adjusted again in 2016 and will be subject to a total revision by 2021. In the future, it is to be called a federal law on the reduction of greenhouse gas emissions . Carbon dioxide (CO 2 ), methane (CH 4 ), nitrous oxide (N 2 O), sulfur hexafluoride (SF 6 ), nitrogen trifluoride (NF 3 ) partially halogenated fluorocarbons (HFC) and perfluorinated hydrocarbons ( PFC ) are the subject. Intermediate targets by 2030 are set, the promotion and the charges levied for effectiveness checks ( evaluation ) and the Agriculture and air traffic with put into the reduction commitment (already from 2020, with the combination of Swiss and EU emissions trading system , takes a part of the aviation part of the emissions trading). The building program will be extended, the maximum budget of CHF 350 million per year will be increased to 450 million, and the program will expire in 2025. As a subsidiary measure, a ban on fossil heating can also be triggered if the reduction of 51 percent compared to 1990 is not achieved in 2026, installation and replacement will then be terminated with a few exceptions: only in well-insulated buildings comparable to the Minergie standard and due to the ground -, water, nature or monument protection, the main heating can still be operated with fossil fuels .

Scotland

The Scottish Parliament has decided to reduce greenhouse gases by 80 percent by 2050 in relation to the base year 1990: Climate Change (Scotland) Act 2009 . An independent commission has been set up to monitor the law.

United States

In the United States of America there was a draft law for a national climate protection law, the Clean Energy and Security Act , but the Senate failed to pass it in 2009 .

Web links

See also

Individual evidence

  1. EU Commission: A European Green Deal. In: ec.europa.eu. December 11, 2019, accessed December 12, 2019 .
  2. German Climate Protection Act as a central international contribution , focus: Climate Summit in Warsaw 2013, "Weitblick" Germanwatch 03/2013. Retrieved November 16, 2013.
  3. Climate protection must be right , WWF Germany , January 2, 2018, accessed on December 20, 2018.
  4. ^ Motions on climate protection discussed controversially , German Bundestag , 1st reading, February 22, 2018.
  5. ^ Coalition agreement signed in the Bundestag , bundestag.de, March 12, 2018
  6. Climate Protection Act planned for 2019 . In: The Parliament . ( das-parlament.de [accessed on August 27, 2018]).
  7. Government press conference of December 17, 2018 , Federal Press Conference , accessed on December 19, 2018.
  8. "Nahles definitely supports climate protection" , interview with Member of the Bundestag Klaus Mindrup on Klimareporter.de , December 18, 2018.
  9. Habeck: Fossil Energy Must Get a Prize , Deutschlandfunk, December 12, 2018.
  10. ^ Call for reform of energy policy , wallstreet: online , December 17, 2018.
  11. Debate on climate protection law is picking up speed after UN summit , newspaper for local economy, December 17, 2018.
  12. Michael Bauchmüller: Schulze is pushing ahead with the Climate Protection Act. Süddeutsche Zeitung , February 19, 2019, accessed on February 21, 2019 .
  13. Draft Federal Climate Protection Act , February 2019
  14. Draft of a law introducing a federal climate protection law and amending other regulations (draft law dated October 19, 2019). Federal Ministry for the Environment, Nature Conservation and Nuclear Safety, accessed on November 14, 2019 .
  15. Law introducing a federal climate protection law and amending other regulations of December 12, 2019 ( BGBl. 2019 I p. 2513 , PDF)
  16. Law on the implementation of the Climate Protection Program 2030 in tax law of December 21, 2019 ( BGBl. 2019 I p. 2886 , PDF)
  17. Climate protection and energy law , Federal Environment Agency , accessed on December 19, 2018.
  18. Climate Protection Act NRW ( Memento from January 5, 2017 in the Internet Archive ) , North Rhine-Westphalia. Retrieved November 16, 2013 (offline?).
  19. Press release of April 3, 2017: Minister Remmel: "All climate activities in the country now under one roof" ( Memento of January 25, 2018 in the Internet Archive )
  20. Baden-Württemberg Climate Protection Act (KSG BW) of July 23, 2013 , Landesrecht BW Bürgerservice. Retrieved November 16, 2013.
  21. Baden-Württemberg Ministry for the Environment, Climate Protection and the Energy Sector : Baden-Württemberg Climate Protection Act ( Memento of January 4, 2014 in the Internet Archive ). Retrieved January 2, 2013.
  22. State Climate Protection Act. Ministry for the Environment, Energy, Food and Forests of the State of Rhineland-Palatinate, accessed on March 10, 2019 .
  23. ^ Climate protection in Bremen. Free Hanseatic City of Bremen - The Senator for the Environment, Building and Transport, accessed on March 10, 2019 .
  24. Climate protection policy in Berlin - goals / State of Berlin. Senate Department for the Environment, Transport and Climate Protection, accessed on March 10, 2019 .
  25. ^ Energiewendegesetz / Land Berlin. Senate Department for the Environment, Transport and Climate Protection, accessed on March 10, 2019 .
  26. Energy transition and climate protection law. State portal Schleswig-Holstein, accessed on March 10, 2019 .
  27. ^ Thuringian Ministry for the Environment, Energy and Nature Conservation: Media information: Thuringian Climate Law. December 28, 2018, accessed March 10, 2019 .
  28. ^ Thuringian Ministry for the Environment, Energy and Nature Conservation: Together for a good climate - Thuringia on the way to the climate law. December 19, 2018, accessed March 10, 2019 .
  29. Hamburg Law and Ordinance Gazette: Hamburg Law and Ordinance Gazette, Part 1, p. 145ff and p. 148ff. February 28, 2020, accessed March 18, 2020 .
  30. Climate Protection Act (1255 dB) , overview, Republic of Austria - Parliament, October 19, 2011. Accessed on November 16, 2013.
  31. Climate Protection Act (1255 dB) , legal text, Republic of Austria - Parliament, October 19, 2011. Accessed on November 16, 2013.
  32. Austria's Greens criticize the amendment to the Climate Protection Act , May 22, 2013, klimAktiv. Retrieved November 16, 2013.
  33. Federal law on the reduction of CO 2 emissions , dated December 23, 2011 (as of January 1, 2013), on admin.ch . Retrieved November 16, 2013.
  34. Switzerland's climate policy after 2020 - Explanatory report on the consultation draft with a summary of the Paris Agreement , Swiss Confederation on admin.ch , August 31, 2016 (PDF 927 kB, 67 pages). Retrieved November 7, 2016.
  35. ^ Climate Change Act 2008 , The National Archives. Retrieved November 16, 2013.