The German Federal Environment Ministry and the Federal Ministry of Economics have agreed on key principles in the regulation of fracking. These are the most stringent principles that have ever been in place in Germany in this area. In the foreseeable future, there will be no fracking in Germany to produce shale gas and coal bed methane for commercial purposes.

These key principles will inform a number of legislative changes, in particular an amendment to the water resources act (BMUB) and an amending regulation to the environmental impact analysis (EIA) for mining (BMWi). To do this, the ministries will shortly set in motion the interdepartmental coordination process (Ressortabstimmung) and hold a hearing of the federal states and associations. The regulations are to be adopted in the cabinet after the summer break.

The key principles:

1. Fracking projects to extract gas from shale and coal bed rock formations above 3,000 metres is banned under the water resources act. Science-backed tests to investigate impacts the environment and the substrate, on the other hand, may be performed if the fracking fluid does not endanger the groundwater. The legislator will review the appropriateness of the legal ban in 2021 based on a federal government report about the state of science and technology with specific focus on fracking technology.

2. Fracking for tight gas (conventional fracking) will continue to be allowed in principle. Such projects have been carried out in Germany since the 1960s. Currently and under present mining and water law, such projects do not present a danger to health and to drinking water. Nonetheless, we will introduce additional regulations, for example not allowing the fracking fluid to be classified higher than German water hazard class 1 (WGK 1 = slightly hazardous to water).

3. What’s more, we shall eliminate the risk to the public water supply by banning any kind of fracking in water protection areas, mineral spring protection areas, catchment areas of reservoirs and lakes that are a direct source of drinking water; the federal states may include areas of drinking water production in this ban.

In nature conservation areas and Natura 2000 areas fracking facilities may not be built to ensure the protection of these particularly sensitive areas.

4. The following strict regulations apply to all fracking projects that may be carried out under these conditions:

• The burden of proof regarding possible subsidence damage due to fracking or deep drilling must be imposed on the companies.
• Comprehensive environmental impact assessments (EIA) must be performed for all deep drilling.
• In the catchment areas of public water supply points or direct use in foods (such as mineral water and beer) damage to the groundwater must be ruled out (axiom of concern under the water legislation).
• A comprehensive initial state report must be drawn up.
• The identity of all substances and expected quantities used must be disclosed.
• The groundwater and surface water shall be monitored.
• Backflows und drill hole integrity shall be supervised.
• There is duty to report to the responsible authority.
• The power to issue ordinances regarding a public register of substances will be introduced.

5. These strict regulations also apply to flowback fracking fluid and deposit water. How to deal with flowback and deposit water will be further specified based on the latest state of technology.

6. In addition, the federal states have further regulatory options as part of their regional development plans.

The planned regulatory package is based on one fundamental principle: the protection of health and the protection of drinking water has absolute priority. One thing is clear: it is not currently possible to assess the impact of fracking shale rock and coal beds due to a lack of empirical evidence in Germany.

Source: Federal Ministry for the Environment, Nature Conservation, Building and Nuclear Safety