Basis for my thesis is the term „best available techniques“ (BAT), found in the Council Directive concerning integrated pollution prevention and control (IPPC-Directive)
This technique-standard was transformed into German law in accordance with the „Gesetz zur UVP-Änderungsrichtlinie, der IVU-Richtlinie und weiterer EG-Richtlinien zum Umweltschutz“ from 27.07.2001. Due to this transformation the former German technique-standard „state of the art“ was amended and adapted to fit that directive.
To answer the questions whether an anglo-american technique-standard, that is also typical for British Environmental law is able to make sense in German environmental law and if problems will occur due to the usage of a standard alien to this system, the investigation of literature and a comparison of the two different law systems (Germany, Great Britain) will be very useful. The main issue in this comparison will be the fact that these systems represent two very different approaches towards protecting the environment and will therefore be competing to shape European environmental legislation.
Furtermore it shall be surveyed whether the BAT will lead to a change of the existing German Environmental Law.
With the results I hope to be able to make a statement concerning the efficiency of this technique-standard regarding environmental law and environmental protection in Europe, respectively in Germany.