Waste Regulation 2012 - Anv 2012

Original Language Title: Abfallnachweisverordnung 2012 – ANV 2012

Read the untranslated law here: https://www.global-regulation.com/law/austria/2997224/abfallnachweisverordnung-2012--anv-2012.html

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341. Regulation of the Federal Minister for agriculture and forestry, environment and water management on the accountability on waste (waste regulation 2012 - ANV 2012)

On the basis of §§ 17, 18, 19 and 23 (3) of the waste management Act 2002 - AWG 2002, Federal Law Gazette I no. 102/2002, as last amended by Federal Law Gazette I no. 9/2011, is in agreement with the Federal Minister of economy, family and youth prescribed:

Table of contents



1 article General provisions



§ 1.



Target



§ 2.



Scope of application



2. cut off General record-keeping obligations



§ 3.



Content and form of records



§ 4.



Permit free back employees



§ 5.



Simplified records of municipal solid waste



§ 6.



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



§ 7.



Compliance with the requirements of the AbfallbilanzV



3. section slips in the sense of § 18 para 1 AWG 2002



§ 8.



General provisions on roadmaps



§ 9.



Handling of the consignment note by the transferor



§ 10.



Handling of the consignment note by the feed dog



§ 11.



Handling of the consignment note by the transferee



§ 12.



Storage of the consignment note; Transcripts and copies



§ 13.



Relief for route transactions



§ 14.



Obligation of the transferee



4 section other provision for hazardous waste



§ 15.



Transport between different locations of a holder



5 article transitional and final provisions



§ 16.



Transitional provision for the handling of the badges and the message of the transferee



§ 17.



Implementation of legal acts of the European Union



§ 18.



Entry into force; Except force, 1st section

General terms and conditions

Target

§ 1. This regulation establishes for the purposes of traceability of the environmentally sound collection, storage, transport and treatment of waste in accordance with sections 17 to 19 of the waste management Act 2002 - AWG 2002, Federal Law Gazette I no. 102/2002, nature and form of the recording, reporting and evidence guides set.

Scope of application

2. (1) the regulation applies 1 pursuant to § 17 AWG 2002 subject to recording producer, 2 persons pursuant to Article 24a, paragraph 2 Z 5 AWG 2002 ("permission-free back workers'), 3 waste collector in accordance with § 2 para 6 No. 3 lit. (c) AWG 2002 in his capacity as caretaker, building manager or Hausverwaltungs - or building management companies.

(2) this Regulation shall apply with respect to the sections 1 and 8 to 15 for other waste owners.

2. section

General record keeping

Content and form of records

3. (1) for each calendar year are to keep a continuous record (quoting the reference period) about 1 the type of waste, specifying the waste code and the description, where necessary, including a specification of the type of waste, in accordance with a regulation according to § 4 Z 1 and 2 AWG 2002 (waste catalogue), 2. the volume of waste, and by specifying the mass of waste in kg, 3. the origin of waste , å) acquired waste by specifying the parent's and of the waste and b based) waste incurred in our own factory by specifying the respective location (origin of the waste), 4. waste remain, by indication of the transferee, and 5 on passes the date of delivery and take over the date of the transfer of the waste.

(2) the records are so that the audit trail referred to in § 1 is ensured. You can be done informally, and are separated from the other business books and business records.

Permit free back employees

§ 4 permission free back workers in the sense of section 24a para 2 Z must follow with regard to permission-free acquired waste 5 AWG 2002 no records in the adoption of this waste. You have to keep the records section 5 and section 6, with regard to the handover (transfer) this waste during transfer (transfer) this waste to a waste collector or therapist pursuant to article 3, or where applicable. Run records pursuant to article 3, the waste origin by specifying the respective based of the waste of the permit-free rear holder must be given.

Simplified records of municipal solid waste

§ 5. With regard to municipal waste, which are disposed of via the local collection, or whose regular passing through contractual agreement is assured, can also meet their recording obligations persons referred to in no. 1 to 3 in article 2, paragraph 1, by records of 1 the type of waste, namely through specifying the waste code and the description, where necessary, including a specification of the type of waste, in accordance with a regulation according to § 4 Z 1 and 2 AWG 2002 (waste catalogue) , 2. the transferee, 3. the number and capacity of the container, as well as 4 the pick-up or delivery interval lead.

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

§ 6. The simplified records pursuant to section 5 Z 1 to 4 apply to that in article 2, paragraph 1 Z 1 to 3 persons referred in terms of packaging waste, electrical and electronic equipment and batteries, for a contractors in accordance with AWG 2002 in a collection and recovery system in accordance with §§ 29 ff AWG 2002 participates a regulation in accordance with § 14 and are collected through this system. The provisions of these regulations in accordance with § 14 AWG 2002 remain unaffected.

Compliance with the requirements of the AbfallbilanzV

§ 7. Record-keeping obligations under this section shall be deemed even if the obligated party for the keeping of records complies with the requirements of AbfallbilanzV, Federal Law Gazette II No. 497/2008, in its up-to-date version,.

3. section

Slips in the sense of § 18 para 1 AWG 2002

General provisions on roadmaps

Section 8 (1) is any document named "Document for dangerous waste" and by assignment of a bill number to be awarded only once (unique BS-No.) clearly marked. The numbering of the badges can be started every year.

(2) all entries (including additions) on the Begleitscheinen must be legible with permanent font. A subsequent change to make, is a registration so this must be so, that the original registration remains legible. Transcripts or copies of Begleitscheinen are to be marked.

(3) for each type of waste is to use a separate document. Summary multiple slips to a joint paper of transport is permitted if this transport paper firstly the respective document numbers referred to in paragraph 1 with the respective types of waste and mass clearly linked are represented and secondly either the content referred to in paragraph 1 and articles 9 to 11 in conjunction with Annex 2 or, if applicable the content pursuant to article 13 in conjunction with Annex 2 , are included. The transport paper must be marked with the label "Document for hazardous waste".

(4) any holder of waste has the copies destined for him, at least seven years to keep copies or originals of the notes separate from the other business books or business records and to submit to the authorities upon request. A storage in scanned (electronic) form is permitted if a backup of the electronic documents against data loss in accordance with the State of the art.

Handling of the consignment note by the transferor

§ 9 (1) the transferor has in the document the following information: 1 type of waste, specifying the waste code and the description, where necessary, including a specification of the type of waste, in accordance with a regulation according to § 4 Z 1 and 2 AWG 2002 (waste catalogue), 2. the volume of waste, and by specifying the mass of waste in kg, 3. name, address (seat), origin (if available) and the identification number in accordance with Annex 2 point 1 , 4 bill number under the heading "Transfer", if the document number is not entered by the transferee under the heading of "Take-over", 5 date of transport and 6. name and address of the transferee.

The transferor has to confirm the correctness of this information in the document.

(2) hazardous waste in the course of official emergency measures incurred and cannot the type of waste or the mass local determined be the information to make pursuant to paragraph 1 Nos. 1 and 2, using the present documents (E.g. shipping documents) is. Are no records available and the dangerous waste can be left up to the receipt of the required analysis results on the ground, is under the heading 'Remarks' the entry to make "Emergency"; the missing data is to determine by the contractor immediately and to specify in the correction line.

(3) If no transport of waste is carried out, the transferor in the document "no transport" has to give.


(4) a transcript or a copy of the will with the information referred to in paragraph 1 when the transferor will remain and is - from the date of the transfer of waste to count - at least seven years to be kept. A storage in scanned (electronic) form is permitted if a backup of the electronic documents against data loss in accordance with the State of the art.

Handling of the consignment note by the feed dog

§ 10. The transporter of hazardous waste has to specify its name and its address and the way of transportation in the document and confirm the correctness of this information. This information is to make, provided that it carries out the transport of the transferor or the transferee. Various carriers are involved, each carrier has the information required to make.

Handling of the consignment note by the transferee

§ 11 (1) of the transferee has to confirm the proper acquisition during the transfer of hazardous waste. The contractor has the identification number according to specify in the document Annex 2 point 1, the destination and the date of receipt. As an indication of the place of receipt, the postal code of the receiving place is sufficient.

(2) it is a route business (§ 13 para 1) and assumes the facilitation of § 13 para 3 unused, as the legally operative transferee, its located is affected does not in fact has to attach a reference to the document number of the subsequent will of (succession reference) in addition to the indications referred to in paragraph 1. The contractor, who takes over the waste at a site (receiver), has to return a reference to the end of the lines of business.

(3) the acquired dangerous waste of not the type of waste specified in the document or the dimensions meet or no corresponding information it contains, the transferee has to add this information in one of the correction lines of the consignment note or to rectify. Hazardous waste with a bill passed and the dangerous waste is on the basis of results of the analysis of the transferee to associate different types of waste, the correct types of waste and related mass in the consignment note correction lines are to lead.

Storage of the consignment note; Transcripts and copies

§ 12 (1) the contractor has the document with the specified 1 and receipts in accordance with the articles 9 to 11 - from the day of the transfer of waste to count - a at least seven years to keep and 2. transcript or copy of the consignment note with the details and confirmation in accordance with the articles 9 to 11 of four weeks after the end of the month in which the transfer of hazardous waste was , to convey to the transferor.

(2) the transferor which Z 2 transmitted transcript or copy of the consignment note – from the date of the transfer of waste to calculated in accordance with article 12, paragraph 1 - at least seven years to be kept. A storage in scanned (electronic) form is permitted if a backup of the electronic documents against data loss in accordance with the State of the art.

Relief for route transactions

§ 13 (1) is a line of business when a waste collector transported directly to a further transferee a waste or transport, without touching a location of the waste collector in fact. A composite track business exists when a route is settled by several waste collectors, whose Standorte are affected, it does not in fact.

(2) a track business ends with the acquisition of waste by a waste collector, who takes over the waste at a site. This waste bin is the consignee of the waste.

(3) that is from article 11, paragraph 2, and article 12, paragraph 1 Z 2 stemming of the waste collector - except the receiver - deemed performing a track business even if 1 on the document a) details the first parent's which are waste as defined in article 9, b) waste collectors in the lines of business that legally have the waste and which are affected by this waste does not in fact Standorte , with name, address and identification number (people-GLN) are listed, c) name and address of the consignee and the postal code of the receiving place are listed, and 2. the recipient in the message according to section 14 in addition to the document data of a) called the contractor stated in the document and b) specifies a reference to the end of the lines of business.

(4) if relief lines business pursuant to par. 3 claim is made, the first transferor has to comply with section 9. Any more waste collector - except the recipient - has to ensure that its identification number as well as his name, his address and name and address of the subsequent transferee in the document are registered by way of derogation to the articles 9 and 11 for this. By way of derogation to article 9, paragraph 1, last sentence and no confirmations of the waste collector - except the receiver - are required in the Bill to section 11.

(5) if relief lines business pursuant to par. 3 claim is made, the recipient has to confirm the proper transfer of waste and to submit a transcript or copy of the will within four weeks after the end of the month, which was the transfer of hazardous waste, Z 2, the first and all other transferor by way of derogation to article 12, paragraph 1.

(6) every waste collector has the transcript or a copy of the consignment note in accordance with paragraph 5 - from the date of handing over the waste to expected - at least seven years to be kept. The receiver has the document 3 and 5 - day transferring the waste to expected the information and confirmation in accordance with para - at least seven years to be kept. A storage in scanned (electronic) form is permitted if a backup of the electronic documents against data loss in accordance with the State of the art.

(7) the first transferor has to comply with article 12, paragraph 2; the carrier has to comply with section 10. The recipient has to comply with the articles 11 and 14.

Obligation of the transferee

Section 14 (1) the contractor has the Bill data according to report of annex 2 point 2 within six weeks after the acquisition of hazardous waste on the Governor. The message must be electronically by way of the register in accordance with article 22, paragraph 1 Z 2 AWG 2002 1 via the online form for document data, 2. by uploading data (XML) via the interface provided within the framework of the register or be 3 over a Web service for this furnished.

(2) if the route business partners on a single document are led, the receiver in its notification pursuant to paragraph 1 has to specify the sender of the waste as transferor and call all routes business partners. With the message by the recipient, the message routes business partner is satisfied.

(3) the Federal Minister for agriculture and forestry, environment and water management 1 has the technical and organizational specifications and the mapping tables for the document message, as well as 2 adjustments in respect of technical and organizational specifications and the mapping tables for the document message, which are necessary in order to ensure a proper message of the document data in accordance with article 14, paragraph 1 and 2 in conjunction with Annex 2, to publish on the EDM-portal (edm.gv.at).

4 section

Other provision for hazardous waste

Transport between different locations of a holder

Section 15 (1) hazardous waste is shipped from one location of to another location of the same holder, the owner of a waste, are documents containing the following information to carry: 1 waste description, 2. dimensions of hazardous waste in kg, 3. despatch and destination and 4. name, address and identification number of the holder.

(2) the documents are considered records pursuant to section 3 and are to be kept at least seven years and to submit to the authorities upon request.

5. section

Transitional and final provisions

Transitional provision for the handling of the badges and the message of the transferee

§ 16. Until 31 December 2013 slips in the sense of § 18 para 1 may AWG 2002 pursuant to §§ 5 and 6 of the waste Regulation 2003, Federal Law Gazette II No. 618/2003, handled and transmitted in accordance with § 7 paragraph 1 of the waste Regulation 2003 at the Governor be.

Implementation of legal acts of the European Union

§ 17. This regulation is the Directive 2008/98/EC on waste and repealing certain directives (in the following: waste framework directive), OJ No. L 312 of November 22, 2008 page 3, as amended by the amending OJ No. L 127 of May 26, 2009 p. 24, implemented.

Entry into force; Expiry of

§ 18. This regulation comes into force; 1 July 2013 at the same time the waste Regulation 2003, Federal Law Gazette II No. 618/2003, override.

Berlakovich

 

Annex 1



Annex 2

Requirements for badges and reporting of document data


On Begleitscheinen and in the reporting of the bill you are in accordance with the articles 9, 11, 13 and 14 indicate applicable identification numbers from the register pursuant to § 22 AWG 2002 (edm.gv.at). Persons who are not recorded in the register (edm.gv.at), a true "people-related identification number" must be used. Group of people-related identification numbers are published on the EDM-portal (edm.gv.at) in the mapping table "Groups of people regarding the origin person in the transport of hazardous waste".

 



1. slips - General requirements for consignments in accordance with §§ 9, 11 and 13 to specify of the identification number a) transferor

For the identification number of the parent's is to use, the site-GLN of the relevant registered based of this excessive employer unless the following not other is intended.

If the origin not in the register is recorded, the people-GLN of the parent's is to use. If the person in the register is recorded, is a true people-related identification number as identification number of the parent to use.

If the transferor of the waste took over the waste without affecting a site of this excess authority in fact, and this excess shall only legally also has the more pick-up/acceptance of waste (lines of business), whose people-GLN is as this excessive employer identification number to use.

b) transferee

For the identification number of the transferee is the location-GLN of the relevant registered receiving place to use, unless the following not other is intended.

Is the waste "foreign" site, which is operated by the transferee or is not the transferee acquired by the transferee at one, from the perspective of the transferee, in actual terms, whose people-GLN is so as the identification number of the transferee to specify.

If the transferee of the waste took over the waste without affecting a site of this transferee in fact was (lines of business), whose people-GLN is to use as identification number of this transferee.

 



2. notification of document data - General requirements for the electronic reporting of the document data (§ 14) the message can by uploading files (XML) via the interface provided within the framework of the register, in the way of the Web services it furnished or by way of which furnished online form be sure.

In the case of a message by means of upload, including using the Web service, the mapping tables that are published for the message of the document data to the EDM-portal (edm.gv.at) are / reference lists to use. Mapping tables are published specifically for the specification of waste types, origin of persons, means of transport, waste movement type, address, quantification types and document types.

When a message by uploading files of to interface specifications, including XML data format structures and rules, are published on the EDM-portal (edm.gv.at).

 

The message of the document data in accordance with § 14 includes the following data:-the specific, unique document number according to the requirements for the document number as defined in annex 2 section 2 lit. a the year in which the unique document number - issued specifying the parent's, of the transferee and the feed dog (Note: this information is according to the guidelines for the specification of the parent authority in accordance with Annex 2 point 2 lit. b, of the transferee in accordance with Annex 2 point 2 lit. c and the carriers according to Appendix 2 point 2 lit. d to make.)

-in the case of drop shipments, the first transferor and all other, operative over the waste, transferor in a document are listed in accordance with § 13 para 3: indication of transferor, the transporters and the transferee (receiver) of the waste (Note: this information is according to the guidelines for the specification of the parent authority in accordance with Annex 2 paragraph 2 lit. b, of the transferee in accordance with Appendix 2 point 2 lit. c and the carriers according to Appendix 2 point 2 lit. d to make.)

-Date of transport (if applicable) - type of waste - waste type corrected (if applicable) - mass - corrected mass (if applicable)-If no transport is carried out: "no transport" - mode of transport (road, rail, waterway, airway or combined transport) - date of receipt - comments - additional carriers (if applicable)-reference document for document splitting, if it is required for the message to share a kind of waste or a mass in several types of waste or masses. In this case, new bill numbers must be awarded where always a reference to the document number of the original type and dimensions must be given for each type of waste (corrected) and mass.

– Indexing of document types (if applicable)-successor-BS-No. (if applicable)-specifying the distance business partner (if applicable) a) document number the message of the document numbers of the above authority is only required if the transferee has no bill number in the Bill. If a group of people-related identification number is used for the transferor, the document number of the parent may be registered.

b) transferor

As an indication of the high authority the respective site GLN of true based is to indicate if the following not other is intended.

If the origin not in the register is recorded, the people-GLN of the high authority and the postal code of the based shall be indicated. Also the address of the based, if there is no address, cadastral and real numbers, can be specified.

If the transferor not in the register is recorded, a true Group of people-related identification number, the name of the parent generator, must be its registered address, and zip code of the based. Also can be included the address of the based, if there is no address, cadastral and real numbers.

In drop shipments is for a transferor, its located not in fact had been touched, to specify the persons-GLN. If the transferor not in the register is recorded, the relevant group of people-related identification number, the name and the registered address of the parent's are specify.

c) transferee and receiver

The respective site GLN of the appropriate receiving place is as an indication of the transferee or the recipient (as applicable) to indicate if the following not other is intended.

The relevant systems-GLN of each relevant stationary system, which ran to the drop can be specified instead of the GLN of the site. The plants-GLN of a mobile unit may be specified only in addition to the receiving location (site of the mobile system).

If the destination is not in the register is recorded, the people-GLN of the transferee (receiver) and the postal code of the receiving place shall be indicated. Also the address of the receiving place, if there is no address, cadastral and real numbers can be specified.

In drop shipments is for a contractor, its located is touched, not in fact indicate the persons-GLN. If the transferee in the register is recorded, whose name and a true people-related identification number shall be indicated.

(d) feed

The name of the carrier and its registered address shall be indicated. If present, the people-GLN of the feed dog can be given instead of the name and the address of the seat.

If there is a legal transfer of the waste without transport, the phrase "no transport" is as an indication of the feed dog to specify.