Information sheet for collectors, transporters, dealers and brokers of waste in accordance with §§ 53 ff. Closed Substance Cycle Waste Management Act (KrWG)
Since 01.06.2014, collectors, transporters, traders and brokers of waste have been subject to the notification and authorization requirement under the KrWG and the Notification and Authorization Ordinance (AbfAEV) before commencing their activities.
Notification obligation for collectors, carriers, traders and brokers of non-hazardous waste in accordance with § 53 KrWG:
Collectors, transporters, dealers and brokers of non-hazardous waste must notify the district administration office at their headquarters of this activity (via www.eaev-formulare.de or at www.lra-toelz.de using the form "Notification in accordance with Section 53 KrWG"). Only collectors and transporters who do not collect or transport more than 20 tons of non-hazardous waste or 2 tons of hazardous waste per year as part of their own commercial enterprise (e.g. craft businesses) are exempt from this notification requirement (§ 7 AbfAEV).
Permit requirement for collectors, transporters, dealers and brokers of hazardous waste in accordance with § 54 KrWG:
Collectors, transporters, dealers and brokers of hazardous waste require a permit(formerly: transport permit or transport authorization), which must also be applied for at the district office of their headquarters (via www.eaev-formulare.de or at www.lra-toelz.de using the form "Erlaubnis nach § 54 KrWG").
In addition, the following documents are required (see § 9 AbfAEV):
Business registration
- Extract from the commercial, association or cooperative register, if applicable,
- in the case of legal persons or associations of persons, company-related information document type 9 from the Central Trade Register,
- Personal information document type 9 from the central trade register for company owners and, if applicable, persons responsible for management
- Certificate of good conduct document type OG for company owner and, if applicable, person responsible for management
- Proof of motor vehicle or public liability insurance including environmental liability insurance for the respective activity (collecting, transporting, trading, brokering)
- Proof of expertise according to § 5 AbfAEV
(for submission to an authority, not older than 3 months)
Typical hazardous waste includes asbestos, man-made mineral fibers (KMF), waste oil, asphalt containing tar, roofing felt containing tar, category A IV waste wood (e.g. firewood from damage, windows, window frames and exterior doors, railroad sleepers, impregnated garden furniture), chemicals, waste electrical equipment, batteries, end-of-life vehicles, etc., see also Waste Catalogue Ordinance (AVV).
The following are exempt from the permit requirement (see §§ 7 and 12 AbfAEV) with regard to hazardous waste:
- Collectors, carriers, traders and brokers operating within the framework of commercial enterprises(but notification required in accordance with Section 53 KrWG!)
- Collectors, carriers, dealers and brokers of such waste that is taken back voluntarily or on the basis of a statutory regulation (e.g. Battery Act, Electrical and Electronic Equipment Act, End-of-Life Vehicles Ordinance; but notification required in accordance with Section 53 KrWG!)
- Collectors, carriers, dealers and brokers who are EMAS-registered(but notification according to §53 KrWG with current registration certificate required!)
- Collectors and carriers who collect or transport waste as part of parcel, express and courier services, insofar as they are subject to legislation on safety in the transport of dangerous goods
- Specialist waste management companies and public waste management organizations(but notification according to § 53 KrWG with current certificate required!)
Carrying and labeling obligation ("A-plate")
According to § 13 AbfAEV, collectors and transporters must carry a copy or printout of the notification or permit when carrying out their activities. In addition, vehicles used to collect and transport waste on public roads on a commercial basis must be fitted with a clearly visible white warning sign (at least 40 cm wide and at least 30 cm high, black "A" with letters 20 cm high and 2 cm thick, see § 10 of the Waste Shipment Act) at the front and rear before setting off.
Other:
The competent authority may make the activity notified in accordance with Section 53 KrWG subject to conditions, limit it in time or impose conditions on it, insofar as this is necessary to safeguard the public good. In addition, a prohibition may be considered if facts are known that give rise to concerns about the reliability of the owner or the person responsible for the management and supervision of the business, or if the required technical or specialist knowledge has not been demonstrated.
The permit may also be subject to ancillary provisions in accordance with Section 54 KrWG if this is necessary to safeguard the public good.
The acceptance of the notification according to § 53 KrWG or the granting of the permit according to § 54 KrWG is subject to a fee (fee range § 53 KrWG: 25 - 100,- €; § 54 KrWG: 250 - 6.000,- €).
Any person who intentionally or negligently fails to submit a notification or fails to submit it correctly, completely or on time in violation of Section 53 KrWG or who collects, transports, trades in or brokers hazardous waste without a permit in accordance with Section 54 KrWG shall be deemed to have committed an administrative offense.