08/07/2003 
ISN about amendment to Building Code: Serious restrictions are the end of German pig breeding
The Interessengemeinschaft der Schweinehalter Nord-Westdeutschland e. V. (ISN) criticises the amendment to the Building Code and the consequences it will have for the German pig breeders. At present, the Ministry of Transport, Construction and Housing Industry is preparing an amendment to the Building Code. The immediate reason for the revising of the Building Code is that the EU directive on certain plans and programmes for the assessment of environmental effects must be put into practice until the summer of 2004. The current draft law for the adaptation of the Building Code dates from 3 June 2003. The Ministry of Transport, Construction and Housing Industry recently forwarded the draft law to all organizations involved in the process. A hearing is held on Monday, 7 July 2003.
Says Mr Detlef Breuer, ISN Manager:
It were not okay that future building permissions might be put back until the end of 2007 by the authorities. This way, Breuer continued, the farmers would lose whatever planning safety they have today. Public petitions and the authorities' measures for making land available alone would result in considerable hold-ups in construction work.
On top of that, the ISN demanded that the definition of the term
Furthermore, the ISN found it dubious whether or not this draft law fell within the constitution. The pig breeders feel unduly restricted in their freedom to exercise their profession, in their right to freedom of movement and in their right to have their own property. The Ministry of Construction's draft law could not be harmonised with the constitution.
Says Mr Detlef Breuer, ISN Manager:
Making land utilization plans for livestock husbandry in particular -- distinguishing between priority land, suitable land and land that is able to withstand contamination -- will have far-reaching consequences. Livestock husbandry will be brought to a standstill on land that is able to withstand contamination. Determining priority land will result in a severe concentration of livestock breeding farms in some regions.This would involve health and hygiene problems and would certainly not increase the residents' acceptance of livestock husbandry.
It were not okay that future building permissions might be put back until the end of 2007 by the authorities. This way, Breuer continued, the farmers would lose whatever planning safety they have today. Public petitions and the authorities' measures for making land available alone would result in considerable hold-ups in construction work.
The statutory duty to dismantle installations which will no longer be used for what they originally were intended for, would mean an untenable destruction of both fabric and capital,Breuer went on. All kinds of a reasonable change of utilization should still remain possible in future.
On top of that, the ISN demanded that the definition of the term
agricultureshould be expanded, compared to what is given as a definition in the draft law now. The farmers should continue to be given the opportunity to purchase sufficient amounts of feed of the quality they require from other farms or from compound feed plants. For that reason, the 50 % limit for self-produced feed could on no account be kept up.
Furthermore, the ISN found it dubious whether or not this draft law fell within the constitution. The pig breeders feel unduly restricted in their freedom to exercise their profession, in their right to freedom of movement and in their right to have their own property. The Ministry of Construction's draft law could not be harmonised with the constitution.
In the end, the planned regulations will hamper investments and destroy jobs and places to train in Germany, was Breuer's final conclusion. And these were effects that would by no means be justifiable with regard to the current economical situation of the German pig breeders. Lately, the ISN had observed that the legislator tried to literally
wear downthe German pig breeders by passing ever new laws and regulations. And after the Federal Pollution Control Act, the Animal Drug Law (which got into force in November 2002) and the still-to-be-dealt-with Pig Keeping Decree, the Building Code were just another piece of tessera in this game.
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