Berlin The National Regulatory Control Board urged Chancellor Olaf Scholz (SPD) to reach an agreement with the federal states by the end of this year at the latest to speed up the planning and approval process. “I think that the federal and state governments have to come to an agreement by the end of the year if we still want to achieve the much-vaunted German pace in the legislature,” said Handelsblatt chairman Lutz Goebel.
The accelerated process was “overdue,” he explained. “Whether maintenance or new construction, energy transition or digitalization, our infrastructure modernization and economic investment activities must no longer be slowed down by bureaucratic demands.”
Chancellor Schulz himself declared that the central task of the SPD, Greens and the FDP’s self-proclaimed “progressive coalition” was to change the rules so that the whole process would take half as long as before.
In order to achieve the “German pace”, the federal government wants to conclude “agreements” with the states, as described in the Coalition Agreement. That should include so-called federal acceleration agencies that can be used by states and municipalities, more staff, digitized processes and greater capacity in the courts.
The first negotiations with the federal states will take place in spring 2022. However, no deal has been reached so far, with prime ministers complaining in several meetings with the federal government. Gobert said the delay was “questionable.” But it also shows “how complex the problem is”.
Control board proposes concrete measures to speed up procedures
The main criticism from the federal states is that the federal government has mainly instituted testing mandates with few concrete and effective measures. The Regulatory Control Board has also criticized it. According to a 16-page position paper sent by the Control Council to the Prime Minister’s Office last week, “little has been identified so far” on specific measures. It is available from Business Daily.
In it, the federal government’s independent advisory body called for no further tightening of European rules. For example, the federal government should examine which factories do require an extensive approval process and which factories simply require a simplified construction process.
Like many experts, the committee also recommended introducing deadlines. “Today, application files must be kept up to date before they can be approved, which repeatedly requires extensive nature conservation and environmental law checks. This can be avoided by introducing deadlines,” the committee concluded.
Furthermore, the Council argues that the federal government promotes simplification at European level, which is currently not possible under EU law. This includes the requirement that concerns must be raised within certain deadlines. These can no longer be introduced at a later point in time.
Large and heavy shipments also have potential for cost savings
In addition to its proposals to limit the right to take collective action, shorten court proceedings, rely on mediation procedures, and promote the standardization and digitization of procedures, the council also focused on the “indirect acceleration effect” of infrastructure projects.
For example, the council cites approvals for bulk and heavy transport. Transporters have long complained about long approval times for transport, especially at autobahn companies in northern Germany, where tens of thousands of applications have not been processed. In May, the Federal Ministry of Transport held a crisis meeting on these issues.
The situation in the north is particularly problematic, as many transports must travel to seaports for export cargo. Other shipments involve a growing number of wind turbines, with the aim of accelerating the expansion of renewable energy. For example, wind turbine manufacturer Enercon has complained about approval times of up to 14 weeks and construction of many turbines being delayed due to the lengthy approval process.
In this case, the council pointed out an absurdity in the procedure: shipments that were 15 centimeters smaller or 5% lighter than registered shipments were still considered approved.
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If the shipment turns out to be smaller and lighter than planned, the transporter must obtain a new permit and it may take more time to get the goods to the construction site. “The number of licenses may be reduced if the size specified in the licenses generally allows for a reduction,” the council advised.
more: Five centimeters disrupt supply chains – how Autobahn GmbH created chaos