Waste Regulation 2012 - Anv 2012

Original Language Title: Abfallnachweisverordnung 2012 – ANV 2012

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.

341. Ordinance of the Federal Minister for Agriculture, Forestry, Environment and Water Management on the obligation to provide proof of waste (Waste Detection Regulation 2012-ANV 2012)

Due to § § 17, 18, 19 and 23 (3) of the Waste Management Act 2002-AWG 2002, BGBl. I n ° 102/2002, as last amended by Federal Law Gazette (BGBl). I n ° 9/2011, is to be arranged in agreement with the Federal Minister for Economic Affairs, Family and Youth:

table of contents

Section 1
General provisions

§ 1.

Target

§ 2.

Scope

Section 2
General recording requirements

§ 3.

Content and form of records

§ 4.

Permit-free backers

§ 5.

Simplified records of municipal waste

§ 6.

Simplified records of packaging waste, waste electrical and electronic equipment and waste batteries

§ 7.

Compliance with the requirements of the waste balance sheet

Section 3
Accompanying text in the sense of section 18 (1) AWG 2002

§ 8.

General provisions relating to escu

§ 9.

Handling of the consignment note by the transmitter

§ 10.

Handling of the consignment note by the transporter

§ 11.

Handling of the consignment note by the contractor

§ 12.

Storage of the consignment note; copies and copies

§ 13.

Facilitation for line operations

§ 14.

Obligation to notify the borrower

Section 4
Other provision for hazardous waste

§ 15.

Transports between different sites of a waste owner

Section 5
Transitional and final provisions

§ 16.

Transitional provision for the handling of the accompanying sound and the notification of the trader

§ 17.

Implementation of European Union legal acts

§ 18.

Entry into force; external force

Section 1

General provisions

Target

§ 1. This Regulation lays down, for the purpose of enforceability of the environmentally sound collection, storage, transport and treatment of waste, in accordance with § § 17 to 19 of the Waste Management Act 2002-AWG 2002, BGBl. I n ° 102/2002, type and format of records, notifications and records.

Scope

§ 2. (1) The Regulation shall apply to:

1.

in accordance with § 17 AWG 2002 of a waste producer subject to a record,

2.

Persons pursuant to § 24a sec. 2 Z 5 AWG 2002 ("Authorisation-free backers"),

3.

Waste collectors according to § 2 paragraph 6 Z 3 lit. c AWG 2002 as part of its activities as a house manager, building manager or house management or building management company.

(2) This Regulation shall also apply to other waste owners as regards § § 1 and 8 to 15.

Section 2

General recording requirements

Content and form of records

§ 3. (1) For each calendar year, continuous records (indicating the reference period) shall be kept on:

1.

the type of waste, by specifying the waste code and the name, including, where necessary, a specification of the type of waste, in accordance with a regulation in accordance with Article 4 (1) and (2) of the 2002 AWG (waste list),

2.

the quantity of waste, by indicating the mass of the waste in kilograms,

3.

the origin of the waste, and

a)

for waste taken, by indicating the transfer and the dispatch of the waste; and

b)

for waste produced on its own premises, by indicating the location of the waste (waste disposal site),

4.

the whereabouts of the waste, by indicating the operator; and

5.

in the event of a transfer, the date of the transfer and the date of the transfer of the waste.

(2) The records shall be kept in such a way as to ensure the readability in accordance with § 1. They can be managed in a form-free way and must be kept separate from the other business books and in-company records.

Permit-free backers

§ 4. In accordance with Article 24a (2) (2) (5) of the AWG 2002, permit-free backers do not have to keep records of the takeover of these wastes in respect of waste that has been passed on to permit free-use. During the handover (transfer) of this waste to a waste collector or handler, you must keep the records according to § 3, or to the extent applicable to § 5 and § 6, regarding the transfer (transfer) of this waste. Where records are kept in accordance with § 3, the origin of the waste shall be indicated by indicating the respective place of dispatch of the waste of the authorisation-free retreat.

Simplified records of municipal waste

§ 5. With regard to municipal waste which is disposed of via the municipal collection or whose periodic transfer is ensured by legal business agreement, the persons referred to in § 2 (1) (1) (1) to (3) may be required to record also by keeping records of

1.

the type of waste, by specifying the waste code and the name, including, where necessary, a specification of the type of waste, in accordance with a regulation in accordance with Article 4 (1) and (2) of the 2002 AWG (waste list),

2.

the borrower,

3.

the number and capacity of the collection containers, and

4.

the pickup and/or Delivery Interval

.

Simplified records of packaging waste, waste electrical and electronic equipment and waste batteries

§ 6. The simplified records referred to in Article 5 (1) to (4) shall apply to the persons referred to in Article 2 (1) (1) (1) to (3) also in respect of packaging waste, WEEE and waste batteries, for which a commitment is made in accordance with a Regulation In accordance with § 14 AWG 2002, participate in a collection and recovery system in accordance with § § 29 ff AWG 2002 and are collected via this system. The provisions of these Regulations pursuant to § 14 AWG 2002 shall remain unaffected.

Compliance with the requirements of the waste balance sheet

§ 7. The requirements for recording under this section shall be deemed to be fulfilled even if the requirements of the waste balance sheet, BGBl, are met when the records are kept in the records. II No 497/2008, as amended.

Section 3

Accompanying text in the sense of section 18 (1) AWG 2002

General provisions relating to escu

§ 8. (1) Each accompanying document shall be clearly marked with the name "Accompanying document for hazardous waste" and by the award of a consignment note number (unique BS-No) to be issued only once. The numbering of the accompanying chorus can be started anew each year.

(2) All entries (including additions) on the accompanying cheers shall be performed well legibly with permanent writing. If a subsequent change is to be made in an entry, this may only be done in such a way that the original entry remains legible. Signs or copies of accompanying notes shall be marked.

(3) A separate accompanying note shall be used for each type of waste. The summary of several accompanying documents on a common transport paper shall be admissible if, in this transport document, firstly the respective accompanying apparent numbers in accordance with paragraph 1 are clearly linked to the respective assigned waste types and masses. and, secondly, either the content referred to in paragraph 1 and § § 9 to 11 in conjunction with Annex 2 or, where applicable, the content referred to in § 13 in conjunction with Annex 2 , are included. The transport paper shall be marked by the name "Accompanying text for hazardous waste".

(4) Each waste owner shall keep the copies, copies or originals of the accompanying documents intended for him, separately from the other books or in-company records, for at least seven years and shall be kept at the disposal of the authorities Request to be submitted. A storage in scanned (electronic) form is permissible if the electronic documents are secured against data loss according to the state of the art.

Handling of the consignment note by the transmitter

§ 9. (1) The donor shall provide the following information in the accompanying text:

1.

the type of waste, by specifying the waste code and the name, including, where necessary, a specification of the type of waste, in accordance with a Regulation in accordance with Article 4 (1) and (2) of the 2002 AWG (waste list),

2.

the quantity of waste, by indicating the mass of the waste in kilograms,

3.

Name, address (seat), place of dispatch (if available) and identification number in accordance with Annex 2 Item 1,

4.

Accompanying note number in the heading "Submission" if the accompanying note number has not been entered by the user under the heading "takeover",

5.

Date of transport commencement and

6.

Name and address of the trader.

The donor shall confirm the accuracy of this information in the accompanying text.

(2) Fall hazardous waste in the course of emergency official measures and the type of waste or the mass on site cannot be determined, the information referred to in paragraph 1 (1) (1) and (2) shall be made using the available documents (e.g. transport documents). . If no documentation is available and the hazardous waste cannot be left on the spot until the required analytical results are received, the heading "Comments" of the entry "Immediate action" shall be carried out; the missing data shall be available in the following: shall be immediately identified by the contractor and shall be indicated in the correction line.

(3) If the transport of the waste is not carried out, the donor shall indicate "no transport" in the escein.

(4) A copy or a copy of the accompanying document containing the information referred to in paragraph 1 shall remain with the donor and shall be kept for at least seven years from the date of the transfer of the waste. A storage in scanned (electronic) form is permissible if the electronic documents are secured against data loss according to the state of the art.

Handling of the consignment note by the transporter

§ 10. The transporter of hazardous waste must indicate his name and address and the nature of the transport in the accompanying text and confirm the accuracy of such information. This information shall be provided by the donor or the contractor, provided that the person carries out the transport. If a number of transporters are involved, each transporter has to provide the required information.

Handling of the consignment note by the contractor

§ 11. (1) In the event of the takeover of the hazardous waste, the contractor shall confirm the proper take-over. The user shall have the identification number in accordance with the Annex 2 Point 1 to indicate the place of reception and the date of receipt in the escort. As an indication of the place of receipt, the postal code of the receiving location is sufficient.

(2) If it is a course business (section 13 (1)) and the facilitation of § 13 (3) is not used, the legally enacting contractor, whose location is not in fact affected, shall have in addition to the Make a reference to the consignment note number of the following accompanying document (follow-up reference) in accordance with paragraph 1. The borrower who takes over the waste at a location (recipient) shall indicate a reference to the end of the line business.

(3) In the event that the hazardous waste taken over does not correspond to the type of waste or the mass indicated in the accompanying text, or if it does not contain a corresponding indication, the user shall have such information in one of the correction lines of the To supplement or to correct the accompanying notes. If hazardous waste is transferred with a accompanying note and, due to the results of the analysis carried out by the trader, the hazardous waste is to be classified in different types of waste, the correct types of waste and the relevant masses shall be included in the Correction lines of the consignment note.

Storage of the consignment note; copies and copies

§ 12. (1) The contractor shall:

1.

keep the accompanying note with the information and confirmations in accordance with § § 9 to 11-from the date of the transfer of the waste-to be kept for at least seven years and

2.

a copy or copy of the consignment note containing the information and confirmations referred to in § § 9 to 11 shall be transmitted to the donor within four weeks of the end of the month in which the hazardous waste has been taken over.

(2) The donor shall keep the copy or copy of the accompanying note sent in accordance with section 12 (1) (2) of the date on which the waste was handed over to be kept for at least seven years. A storage in scanned (electronic) form is permissible if the electronic documents are secured against data loss according to the state of the art.

Facilitation for line operations

§ 13. (1) A line business is available if a waste collector transports a waste directly to another carrier or can be transported without affecting a location of the waste collector in actual terms. A merged line business is available when a line business is handled by several waste collectors whose locations are not actually affected in the course of the transaction.

(2) A route transaction ends with the takeover of the waste by a waste collector who takes over the waste at a location. This waste collector is the recipient of the waste.

(3) The obligations of the waste collectors, other than the consignee, arising from § 11 (2) and § 12 (1) (2) (2) shall be deemed to be fulfilled in the course of the execution of a line business even if:

1.

on the accompanying text

a)

the information provided by the first donor of the waste referred to in § 9,

b)

all waste collectors in the course business which have the legal status of the waste and whose locations are not actually affected by this waste are mentioned by name, address and identification number (personen-GLN),

c)

the name and address of the recipient and the postal code of the receiving place are listed,

and

2.

the recipient in the notification in accordance with § 14 in addition to the accompanying note data

a)

which is referred to in the accompanying text, and

b)

indicates a reference to the end of the line business.

(4) If the facilitation of routes according to paragraph 3 is taken into account, the first donor shall comply with § 9. By way of derogation from § § 9 and 11, each additional waste collector, with the exception of the consignee, shall ensure that his identification number as well as his name and address, as well as the name and address of the following operator in the accompanying text, shall be provided. are entered. Notwithstanding the last sentence of § 9 (1) and § 11, no confirmations of the waste collectors, other than the consignee, are required in the accompanying cheat.

(5) Where the facilitation of the routes referred to in paragraph 3 is taken into account, the consignee shall confirm the proper take-over of the waste and shall have a copy or copy of the accompanying document within four weeks after the date of receipt of the goods. The end of the month in which the hazardous waste was taken over, by way of derogation from Section 12 (1) Z 2, shall be transmitted to the first and all further donors.

(6) Each waste collector shall keep the copy or copy of the consignment note in accordance with paragraph 5-from the date on which the waste is transferred-to be kept for at least seven years. The consignee shall keep the accompanying text, with the information and confirmations referred to in paragraphs 3 and 5, from the date of the acceptance of the waste, for at least seven years. A storage in scanned (electronic) form is permissible if the electronic documents are secured against data loss according to the state of the art.

(7) The first provider has to comply with § 12 para. 2; the transporter shall comply with § 10. The recipient has to comply with § § 11 and 14.

Obligation to notify the borrower

§ 14. (1) The borrower shall have the accompanying note data in accordance with the Annex 2 Point 2 to be reported to the Governor of the Land within six weeks of taking over the hazardous waste. Notification must be made electronically by means of the register in accordance with § 22 (1) Z 2 AWG 2002

1.

via the online input mask for escort data,

2.

by uploading data (XML) via the interface provided by the registers, or

3.

through a web service that has been set up for this purpose

,

(2) If the line business partners are listed on a single accompanying note, the consignee shall, in the context of his notification in accordance with paragraph 1, indicate the sender of the waste as a transfer agent and to name all the line business partners. With the message by the recipient, the message of the line business partners is considered to be fulfilled.

(3) The Federal Minister for Agriculture, Forestry, the Environment and Water Management

1.

the technical and organisational specifications and the assignment tables for the consignment note, and

2.

Corrections to the technical and organisational specifications and the mapping tables for the consignment note, which are necessary for the proper reporting of the accompanying note data in accordance with section 14 (1) and (2) in conjunction with Annex 2 to ensure

on the EDM-Portal (edm.gv.at).

Section 4

Other provision for hazardous waste

Transports between different sites of a waste owner

§ 15. (1) Where hazardous waste is transferred from one site of a waste owner to another site of the same waste owner, documents shall be supplied with the following information:

1.

the description of the waste,

2.

the mass of the hazardous waste in kilograms,

3.

Place of departure and destination, and

4.

Name, address and identification number of the waste owner.

(2) The documents shall be deemed to be records in accordance with § 3 and shall be kept for at least seven years and shall be submitted to the authorities upon request.

Section 5

Transitional and final provisions

Transitional provision for the handling of the accompanying sound and the notification of the trader

§ 16. Up to 31 December 2013, accompanying cases in the meaning of Section 18 (1) AWG 2002 may be permitted in accordance with § § 5 and 6 of the Waste Decree Ordinance 2003, BGBl. II No 618/2003, and transmitted to the Governor of the State in accordance with Section 7 (1) of the Waste Detection Regulation 2003.

Implementation of European Union legal acts

§ 17. This Regulation lays down Directive 2008 /98/EC on waste and repealing certain Directives (hereinafter referred to as the Waste Framework Directive), OJ L 327, 31.12.2008, p. No. 3., as amended by the corrigendum OJ L 312, 22.11.2008, p. No. OJ L 127 of 26.05.2009 p. 24.

Entry into force; external force

§ 18. This Regulation shall enter into force on 1 July 2013; at the same time, the Waste Detection Regulation 2003, BGBl shall enter into force. II No 618/2003, except for force.

Berlakovich

Annex 1

Annex 2

Guidelines for accompanying notes and the reporting of accompanying note data

In accordance with § § 9, 11, 13 and 14, the relevant identification numbers from the register according to § 22 AWG 2002 (edm.gv.at) must be stated on accompanying notes and in the reporting of the accompanying note data. For persons who are not registered in the register (edm.gv.at), an appropriate "personenkreisRelated identification number" must be used. Person-price-related identification numbers are published on the EDM-Portal (edm.gv.at) in the assignment table "Passenger travel concerning the origin of the person in the transport of hazardous wastes".

1.

Accompanying text-General guidelines for accompanying cases in accordance with § § 9, 11 and 13 for the identification of the identification number

(a) donors

For the indication of the identification number of the sender, the location-GLN of the applicable registered sender's place of dispatch shall be used, unless otherwise specified below.

If the sending location is not recorded in the register, the person-GLN of the sender must be used. If the person is not recorded in the register, a true personal-price-related identification number shall be used as the identification number of the transmitter.

If the sender of the waste has taken over the waste without any actual fact that a location of that transfer was in fact affected, and that the transfer of the waste is only legally available for the further collection/receipt of the waste (course business), is to be used as the identification number of this transmitter of its persons-GLN.

(b) Contractor

The location-GLN of the applicable registered receiving place shall be used for the identification of the user's identification number, unless otherwise specified below.

If the waste is actually taken over by the borrower on a site which is "foreign" from the point of view of the borrower, which is not owned or operated by the borrower, in fact it shall be the identification number of the trader whose Specify People-GLN.

If the buyer of the waste has taken over the waste without any actual fact that a location of this trader has been affected in actual terms (route business), the person-GLN of this company shall be used as the identification number of this trader.

2.

Notification of accompanying note data-General guidelines for the electronic reporting of the accompanying notes (§ 14)

The message can be sent via the upload of files (XML) via the interface provided in the context of the registers, by means of the web services provided for this purpose or by means of the online input mask set up for this purpose.

In the case of a message by means of upload, including by means of a web service, the assignment tables/reference lists published for the reporting of the accompanying note data on the EDM-Portal (edm.gv.at) must be used. Mapping tables are published, in particular, for the indication of types of waste, the origin of persons of origin, the types of transport, the types of waste movement, the indication of the address, the types of quantification and the types of accompanying notes.

The interface specifications, including the XML data format structures and test rules, to be kept in the case of a message by uploading files are published on the EDM-Portal (edm.gv.at).

The reporting of the accompanying note data in accordance with § 14 shall include the following data:

-

the relevant, unambiguous escort number in accordance with the specifications for the indication of the consignment note number referred to in Annex 2, point 2 lit. A

-

the year in which the unique escort licence number has been awarded

-

the indication of the transmitter, the trader and the transporter (note: this information shall be given in accordance with the requirements for the indication of the donor referred to in Annex 2, point 2, point (b), of the trader referred to in Annex 2, point 2 (lit). c and the transporters referred to in Annex 2, point 2 lit. d to do so.)

-

in the case of routes where, in accordance with Article 13 (3), the first transferor and any other transferor in an accompanying note are listed: indication of all the transferor, the transporters and the transferee (consignee) the waste (note: this information shall be given in accordance with the requirements for the indication of the donor referred to in Annex 2, point 2, point (b), the trader referred to in Annex 2, point 2 (b). c and the transporters referred to in Annex 2, point 2 lit. d to do so.)

-

Date of start of transport (if applicable)

-

Type of waste

-

Corrected waste type (if applicable)

-

Waste mass

-

Corrected waste mass (if applicable)

-

if no transport is carried out: "no transport"

-

Transport type (road, rail, waterway, airway or combined transport)

-

Receipt Date

-

Remarks

-

additional transporters (if applicable)

-

Reference for accompanying note splitting if it is necessary for the notification to divide a type of waste or a waste mass into several waste types or masses. In this case, new consignment note numbers must be given for each (corrected) type and mass of waste, with a reference to the accompanying apparent number of the original type and mass of the waste.

-

Indexing of the Accompanying Notes (if applicable)

-

Successor-BS-Nr. (if applicable)

-

Indication of the line business partners (if applicable)

(a) escort number

The notification of the consignment note number is only required if the user does not specify a consignment note number on the escort. If a person-price-related identification number is used for the donor, the accompanying note number of the transmitter must not be reported.

(b) donors

The respective location-GLN of the appropriate place of absence is to be stated as an indication of the sender, unless otherwise specified below.

If the sending location is not recorded in the register, the person-GLN of the sender and the postal code of the sender's place must be specified. In addition, if there is no address available, the address of the place of dispatch can be given to the Katastralgemeinde and to the land number (s).

If the sender is not recorded in the register, an appropriate personal-price-related identification number, the name of the sender, its address, and the postal code of the sender are to be specified. In addition, the address of the place of dispatch, if no address is present, can be given to catastral congregation and land numbers.

In line transactions, persons-GLN shall be indicated for a provider whose location has not been effectively affected. If this donor is not included in the register, the appropriate personal-price-related identification number, the name and the seat address of the transmitter shall be indicated.

(c) Contractors and beneficiaries

An indication of the transferee or the consignee (where applicable) shall be given to the relevant location-GLN of the appropriate receiving place, unless otherwise specified below.

Instead of the location-GLN, the respective applicable systems-GLN of the respective relevant fixed installation, which has been supplied to the waste, can be specified. The installations-GLN of a mobile installation may only be specified in addition to the receiving location (site of the mobile installation).

If the receiving location is not recorded in the register, the persons-GLN of the transferee (recipient) and the postcode of the receiving place must be specified. In addition, the address of the receiving location, if no address is present, can be given to the Katastralgemeinde and the property number (s).

The persons-GLN are to be reported in line shops for a contractor whose location is not actually affected. If the user is not included in the register, the name and the person-price-related identification number shall be indicated.

(d) transporter

The name of the transporter and its address are to be specified. If available, the persons-GLN of the transporter can be specified instead of the name and the session address.

In the case of a legal surrender of the waste without transport, the word sequence "no transport" shall be indicated as an indication of the transporter.