Waste management activities; application for a permit

According to Section 54 (1) of the Closed Substance Cycle Waste Management Act (KrWG), collectors, carriers, traders and brokers of hazardous waste require a permit. The permit must be issued if the requirements are met.

Various legal provisions stipulate that no permit is required in certain cases. These case constellations and underlying legal provisions are listed in Section 4.2 of Annex 2 of the Notification and Permit Ordinance - AbfAEV - (Art. 1 of the Ordinance of 5.12.2013, Federal Law Gazette I p. 4043) (see under "Legal bases").

Permission is granted if the following requirements are met:

• The applicant (in the case of legal entities and associations of persons, the person authorized to represent or manage the company in accordance with the law, articles of association or statutes) and the persons responsible for the management and supervision of the company must be reliable.
• The applicant, insofar as he is responsible for the management of the establishment, and the persons responsible for the management and supervision of the establishment and the other personnel must have the necessary technical and specialist knowledge for their work.

Permission must be obtained before commencing work.

Business registration

(not applicable if there is no obligation to do so)

Extract from the commercial register, register of associations or register of cooperatives

(not applicable if no entry has been made)

Proof of public liability insurance and environmental liability insurance relating to the respective activity

(not applicable, if such insurance does not exist)

Proof of motor vehicle liability insurance

(only for collectors and carriers of waste if they wish to transport waste on public roads)

Company-related information from the Central Trade Register (document type 9)

only for applicants who are legal entities or associations of persons

Person-related information from the Central Trade Register (document type 9)

=> for persons who are applicants or in the case of a legal entity or association of persons as the applicant, legally represent the applicant, as well as for the persons named by the applicant who are responsible for the management and supervision of the business

Certificate of good conduct (document type OG)

=> for persons who are applicants or in the case of a legal entity or association of persons as the applicant, legally representing the applicant, as well as for the persons named by the applicant who are responsible for the management and supervision of the business

Information from the central trade register and certificates of good conduct must be requested by the applicant from the competent authority and will be sent from there to the licensing authority.

Proof of specialist knowledge in accordance with Section 5 (1) sentence 1 of the Notification and Licensing Ordinance (in particular Confirmation of participation in an officially recognized specialist training course)

=> for the persons named by the applicant who are responsible for the management and supervision of the business; the applicant can also name themselves as such a person

Foreign certificates from another EU member state or from another state party to the Agreement on the European Economic Area

are equivalent to the German certificates mentioned if the foreign certificates show that the applicant meets the licensing requirements or the requirements of the issuing state that are essentially comparable in terms of their objective.

Submit the application together with the required documents to the competent authority.

The authority will send you an acknowledgement of receipt. After checking the application and your documents, the authority can

• Request additional documents or
• grant the permit with or without ancillary provisions or
• refuse permission.