497. Ordinance of the Federal Minister for Agriculture, Forestry, Environment and Water Management on annual waste balances (waste balance sheets)

On the basis of § § 17, 21, 23 (3), 65 and 86 of the Waste Management Act 2002 (AWG 2002), BGBl. I n ° 102, as last amended by the Federal Law BGBl. I n ° 54/2008, is being prescribed in agreement with the Federal Minister for Economic Affairs and Labour:

Objectives

§ 1. The objectives of this Regulation are:

1.		Introduction of a national annual balance sheet report,
2.		Improvement of waste management planning data,
3.		assistance to the authorities in the implementation of their enforcement activities, in particular in their regular monitoring activities;
4.		Reducing the administrative burden by introducing an electronic data management system,
5.		Creation of synergies with other reporting obligations (e.g. EC-PRTR-V, EmRegV Chemie OG) and
6.		Collection of data bases for the fulfilment of EU reporting obligations.

Subject matter

§ 2. This Regulation lays down, for the purpose of the feasibility of the collection, storage and treatment of waste, the nature and form of reporting of the annual balance sheets in accordance with Article 21 (3) of the AWG 2002 and of the electronic records and their summary (sum formation) for the type, quantity, origin and fate of the waste according to § 17 (1), (4) and (5) AWG 2002.

Scope

§ 3. (1) This Regulation shall apply to waste collectors and handlers which are subject to a recording obligation pursuant to Section 17 AWG 2002.

(2) Not subject to this Regulation:

1.		Recipients within the meaning of § § 24 (2) (2) (2) and (2) (2) (2) of the AWG 2002 for the waste which they are not subject to any obligation to notify or to be subject to permission to withdraw.
2.		Waste collectors and handlers in respect of those wastes whose collection or reception by third parties, as part of their activities as a house manager, building manager or a house management or building management company, is exclusively legally binding (§ 2 para. 6 Z 3 lit. c AWG 2002).

Entry of master data

§ 4. (1) Waste collectors and handlers shall, as the basis for proper records, have the master data in accordance with Annex 1 to be entered in the register in accordance with Section 22 of the AWG 2002.

(2) In the indication of the master data (para. 1) to enter relevant installations of the waste collector and handler, and to use the reference tables included in the register. The structure of the installations must be indicated by indicating the relationship ("belongs to" or "consists of") of the installations to each other and to the entire operating system. The plants relevant for the recovery of waste are to be labelled as waste balance reporting units (BE_ABIL). The document "Delimitation of relevant installations", in version V3.3, published on the EDM portal of the Federal Ministry for Agriculture, Forestry, Environment and Water Management, edm.gv.at, is to be applied.

(3) A relevant mobile treatment facility in accordance with § 52 AWG 2002 shall be registered at the location of the operator of the mobile treatment facility and marked as a mobile installation in the registration of the master data in accordance with paragraphs 1 and 2. In the case of mobile treatment facilities, those places of the list shall be indicated, the details of which shall be entered in the register on the basis of § 40 in conjunction with Annex 7 of the Deponieverordnung 2008, BGBl. 39, as amended, is required. Other locations of the list for which the competent authority has ordered additional measures pursuant to Article 53 (2) of the AWG 2002 may be entered in the register either by the operator or by the authority.

Electronic records

§ 5. (1) Waste collectors and handlers shall keep records of the type, quantity, origin and whereabation of waste for each calendar year on an ongoing basis in accordance with § § 2 and 3 of the Waste Decree Ordinance 2003, BGBl. II No 618, in accordance with the provisions of the following provisions.

(2) Electronic records shall be subject to the content referred to in Annex 2 . Shipments of waste are to be recorded electronically as far as possible. The electronic records on the type, quantity, origin and whereabation shall contain waste-input-output records for all relevant installations and, where appropriate, waste-type reassociations. Where specific categories of waste to be recorded and to be reported are provided for in a Regulation in accordance with Article 14 (1) AWG 2002, these categories shall be considered as waste types in the sense of the waste balance sheet. For relevant warehouses and installations which have an associated input or output buffer storage facility, the inventory and any inventory corrections referred to in Annex 2 shall also be recorded electronically. Stock levels shall be recorded electronically at the beginning of each month. An electronic record of the stock at the end of the calendar year shall be sufficient if:

1.		the inputs and outputs of a stand-alone warehouse are always either weighed or calculated and documented, or
2.		The capacity of a buffer storage facility is less than fourteen times the daily capacity of the associated waste treatment plant (calculated as nominal capacity times 336).

(3) For the electronic recording of intra-company waste movements, waste may be collected in accordance with the requirements set out in Annex 2, point 7, for a recording period of up to one month, provided that the recording period is not less than one month. Traceability of the waste is ensured.

(4) In the case of waste owners who do not have any persons-GLN, the information in the electronic records shall be indicated in the electronic records according to the classification in accordance with section 8 (1.1) of Regulation (EC) No 2150/2002 on waste statistics (in the case of The following are: EC waste statistics), OJ C 327, 28.4.2002 No. OJ L 332, 09.12.2002 p. 1, as last amended by Regulation (EC) No 1893/2006, OJ L 327, 30.12.2006, p. No. OJ L 393, 30.12.2006 p. 1. Insofar as the collection of the industry of the transfer by the collector is possible in individual cases only with disproportionately high expenditure, the industry is to be assigned as best possible.

(5) In the electronic recording system interfaces are to be set up so that defined excerpts or summaries can be drawn from the current data and from the data to be stored in accordance with Article 17 (5) AWG 2002, which is Contents, data structure and identifications are in accordance with the requirements of Annex 2. The basis of the defined excerpts and summaries and the data structure of Annex 2 is the ON-rule 192150 "Data structures for the electronic data exchange in waste management", issued on 1 November 2007. The resulting XML data format structures for excerpts and messages, booking types and test rules will be published on the EDM-Portal, edm.gv.at. The Federal Minister for Agriculture, Forestry, the Environment and Water Management will be responsible for electronic assistance for the first five companies for small businesses and for the extent of their waste management activities. Provide reporting periods to meet the requirements of Annex 2 in conjunction with § § 7 and 8.

Special requirements for electronic records in accordance with § 5

§ 6. (1) The municipality shall indicate, in the context of the municipal collection, including the collection of collection and recovery systems, the origin of the waste arising in its municipality, as a source of origin, to the municipality, if not A separate collection scheme requires a more detailed indication of origin. The municipality can operate in accordance with the national regulations for the fulfilment of the electronic recording obligation of a municipal association.

(2) Waste collectors or handlers collecting municipal waste or packaging waste on behalf of an approved collection and recycling system within the framework of the municipal collection shall declare the congregation as the origin of the waste, unless one A more detailed indication of origin is required for separate collection. The quantities of waste collected over several municipalities can be allocated to the specific municipality on the basis of the container volumes emptied in the respective municipalities.

(3) Collection and recycling systems have to indicate, as a source of origin, the respective designated waste collectors in respect of municipal and packaging waste for which they have commissioned waste collectors to collect them. In all other cases of municipal collection of municipal or packaging waste by collection and recovery systems, the congregation shall be declared as the origin of the waste, unless a separate collection scheme is provided for a more detailed Indication of origin is required. The quantities of waste collected over several municipalities can be allocated to the specific municipality on the basis of the container volumes emptied in the respective municipalities.

(4) The recording obligation of a collection and recovery system shall be deemed to be fulfilled even if it ensures that the commissioned waste collector or treatment agent shall keep the collection and recycling system its records for the waste, which shall be the subject of the the collection and recovery system is to be allocated.

(5) Those who treat waste at the site of the waste waste only in their own operations may keep the records in paper form. In the case of electronic recording, the requirements of Section 5 (2) to (5) shall be complied with.

(6) Within the framework of a construction or demolition project,

1.		in the case of an EIA-duty under the Environmental Impact Assessment Act 2000 (UVP-G 2000), BGBl. No 697/1993, idF BGBl. I n ° 2/2008, or a gross floor area of at least 10 000 square metres, and
2.		which is registered as the site of a building or demolition project of the client,
the obligation to record those waste collectors and handlers which only legally initiates the collection or reception of waste by third parties shall be deemed to have been fulfilled even if it is ensured that waste collectors or handlers, where the waste is collected or received at the instigation of the waste, as the origin of the waste, indicating the construction site (site of a construction or demolition project).

(7) In the context of a construction or demolition project which is not subject to an EIA duty pursuant to the UVP-G 2000 or which has a gross floor area of less than 10,000 square metres, the obligation to record the waste collector or treatment agent shall be deemed to be the subject of a The collection or reception of waste by third parties shall only be deemed to have been fulfilled if it carries out a list of waste collectors and handlers which actually carry out the collection or receipt of the waste.

Transmission of extracts and summaries

§ 7. (1) At the request of the Authority, an extract or a summary of the records shall be drawn up within a reasonable period to be determined by the competent authority and stating the use of the interface in accordance with Article 5 (5) of this Directive. submit to the Authority the content and changes in the form of an XML file, as set out in Annex 2, by the EDM portal, edm.gv.at. With the uploading of extracts or summaries of the records in accordance with § 17 paragraph 5 AWG 2002, no transmission to the electronic register pursuant to § 22 AWG 2002 shall be effected.

(2) Anyone who treats waste generated exclusively in one's own operation at the same location (Section 6 (5)) and does not carry out his records electronically is exempted from the obligation laid down in paragraph 1.

Annual balance sheet

§ 8. (1) For the annual balance sheet according to Article 21 (3) of the AWG 2002, an XML file containing a summary of the origin, the respective quantities and the respective whereabes of the waste types, including the type and method of waste, is available via the interface in accordance with Article 5 (5). The quantity of substances returned to the economic cycle in the event of a waste property ending to be drawn up in the preceding calendar year. Annex 2 shall apply. The Federal Minister for Agriculture, Forestry, the Environment and Water Management will also be responsible for electronic assistance for waste collectors and handlers who do not carry out their records electronically in accordance with § 6 (5) or § 9 (3), (4) and 5 (5). to produce the annual waste balance sheet in an XML file. In the event that several XML files are created for the annual balance sheet account via the interface according to § 5 (5), these can be supported by the EDM application to form a single XML file with the Annual balance sheet consolidated.

(2) The annual balance sheet shall cover the period of one calendar year (1). Jänner by 31 December). The contents and changes must comply with the requirements of Annex 2. For the sector, the classification shall be used in accordance with Section 8 (1.1) of the EC Waste Statistical Office.

(3) The annual balance sheet shall be reported in a single XML file by means of the register in accordance with § 22 AWG 2002 up to 15 March each year, for the first time by 15 March 2011, in respect of the previous calendar year, to the Governor of the Land. If, pursuant to other Regulations to the AWG 2002, notifications are to be made as part of the annual balance sheet on the register in accordance with § 22 AWG 2002, these are to be transmitted in the same XML file by the register in accordance with § 22 AWG 2002. In accordance with national law, local authorities can use the obligation to comply with this obligation to notify a municipal association.

(4) The reporting obligation pursuant to paragraphs 1 and 2 of the approved collection and recycling systems shall apply with regard to the waste for which they are already subject to reporting requirements as collection and recycling systems pursuant to Article 14 (1) AWG 2002, with the Fulfilment of the respective reporting requirements in accordance with § 9 of the Old Vehicle Ordinance, BGBl. II No 407/2002, as amended, Section 24 of the Electrical Equipment Ordinance, Federal Law Gazette (BGBl). II No. 121/2005, as amended, § 25 of the Batteries Ordinance, BGBl. II No 159/2008, as amended, as being complied with. The Landeshauptmann shall be granted access to the data in the register on the basis of the nature, quantity, origin and whereaby of such waste, to the extent of its competence. To the extent that reporting requirements of these collection and recycling systems are also subject to reporting requirements in accordance with the 1996 Packaging Ordination, BGBl, as part of the notification in accordance with paragraphs 1 and 2 of the collection and recycling systems. No 648, as amended, shall be deemed to be fulfilled in the volume of the data reported and the Federal Minister for Agriculture, Forestry, the Environment and Water Management shall be responsible for accessing the data subject to the to give reported data in the register.

(5) In the case of the joint collection of waste, for the obligations of a collection and recovery system within the meaning of a regulation pursuant to Article 14 (1) of the AWG 2002, with other waste within the framework of the municipal collection by municipalities (municipal associations), a notification (section 8) of the collection and recovery system in respect of the waste collected in this way can be omitted if the municipality (the municipal association) has the collection and recycling system and the percentage of the waste in question in of its annual balance-of-payments report, for which the collection and recovery system is Obligation to ensure the collection within the meaning of the Regulation pursuant to Section 14 (1) of the AWG 2002. If the congregation (the municipal association) also has the treatment of these jointly collected waste, the notification (§ 8) of the collection and recycling system in respect of the waste treated in this way can be omitted if the municipality (the Community association) shall indicate the collection and recovery system and the percentage of that waste in its annual balance-of-waste report, for which the collection and recovery system shall be subject to the obligations to ensure recovery in the sense of the Regulation pursuant to Section 14 (1) of the AWG 2002.

(6) Para. 1 and 2 do not apply to those waste collectors and handlers who exclusively legally arrange for the collection or reception of waste from third parties if the exception provision in § 6 (6) or (7) is fulfilled for them.

Transitional provisions

§ 9. (1) By way of derogation from Section 8 (1) in conjunction with Annex 2, the reporting of the aggregated submissions and acquisitions shall be sufficient in the reporting of an annual waste balance under this Regulation for the reporting period of 2010. In this case, the transfer of waste may be indicated by another legal entity as the source of the transfer of the waste and the whereabout of the transfer agent. When waste is handed over to another legal entity, it may be stated as the origin of the donors and as the whereabilting of the consmen. The information on intra-company waste movements, on the origin and whereabout procedures, on the storage stands and on the correction of the storage position can be dispensed with.

(2) For the reporting periods of 2011 and 2012, the reporting of the annual waste balance sheet may, by way of derogation from section 8 (1) in conjunction with Annex 2, be used for the transfer of waste from another legal entity and the transfer of waste to another Legal entity instead of the plant to which the waste was supplied, or instead of the plant from which the waste originates, the location of the plant. In the case of waste movements between different locations of the same waste owner, in contrast to § 8 (1) in conjunction with Annex 2, the origin of the sending location and the whereabout of the receiving location may be indicated. The indication of the intra-company waste movements between relevant plants within the same site of a waste owner and the indication of storage stalls and the correction of storage position can be omitted. For the reporting period 2011, the indication of the origin and whereabout procedures can be omitted.

(3) For the 2010 and 2011 reference periods, waste collectors and handlers may collect or treat less than forty different types of waste in the 2009 calendar year and no more than 20 000 tonnes of non-hazardous waste and no more than 20 000 tonnes of waste. than 2 000 tonnes of hazardous waste per year, which keep records in accordance with § 5 in conjunction with Annex 2 in paper form.

(4) For the reporting period 2012, waste collectors and handlers may collect or treat less than thirty different types of waste in the calendar year 2011 and no more than 15 000 tonnes of non-hazardous waste and no more than 2 000 tonnes. t hazardous waste per year, which shall keep records in accordance with § 5 in conjunction with Annex 2 in paper form.

(5) For the reference period 2013, waste collectors and handlers may collect or treat less than twenty different types of waste in the 2012 calendar year and not more than 10 000 tonnes of non-hazardous waste and no more than 2 000 tonnes. t hazardous waste per year, which shall keep records in accordance with § 5 in conjunction with Annex 2 in paper form.

(6) Those who treat waste generated exclusively in their own operations at the same location (Section 6 (5)) shall, by way of derogation from Section 8 (3), have for the first time until 15 March 2014, over the previous calendar year, the Landeshauptmann report.

Relationship with other legislation

§ 10. (1) The requirements for recording in accordance with § 2 (1) and (6) and (3) of the Waste Detection Ordinance 2003, BGBl. II No 618, as amended, shall be deemed to be fulfilled if records are kept in accordance with § 5 in conjunction with Annex 2 of the waste balance sheet. Section 2 (5) of the last sentence of the Waste Management Regulation 2003 shall be deemed to be fulfilled in the case of electronic transmission of extracts and summaries in accordance with § 7 of the Waste Balance Sheet.

(2) The Waste Incineration Ordinance, BGBl. II No 389/2002, as amended, and the Landfill Regulation 2008, BGBl. II No 39, as amended, shall remain unaffected. If waste input-output records are kept for relevant installations in accordance with the Waste Incineration Ordinance, § § 5 and 6 in conjunction with Annex 2 of the waste balance sheet shall be deemed to be fulfilled in respect of these relevant installations. The reports of the summaries shall be made in accordance with the Waste Incineration Ordinance and the Landfill Ordinance in 2008, together with the notification in accordance with § 8. If waste input-output messages are reported as part of the annual waste balance in accordance with the Waste Incineration Ordinance (Section 13 (8)) or the Landfill Regulation 2008 (Annex 7, point 2.1.) for relevant installations, Section 8 of the Waste Balance Sheet shall apply in respect of of these relevant installations.

(3) By way of derogation to Annex 6, point 1 of the Compostal Ordinance, BGBl. II No 292/2001, as amended, shall be indicated in the case of deliveries from the municipal collection as the origin of the municipality. Waste quantities that have been jointly disposed of over several municipalities can be allocated to the specific municipality on the basis of the container volumes emptied in the respective municipalities. The data structures according to § 5 (5) and the identification numbers in accordance with Annex 2 of the waste balance sheet are to be used for the records according to Appendix 6 of the Compostal Ordinance. In addition, additional recording contents and different time requirements for records in accordance with Appendix 6 of the compost regulation remain unaffected.

(4) Additional requirements and different timing requirements for records and summaries contained in other Regulations to the AWG 2002 remain unaffected.

(5) Where the annual balance sheet on intra-farm waste contains the indication of the leeway and the waste treatment plant to which the waste has been supplied, Section 8 of the Waste Waste Collection Regulation 2003 shall apply with the notification of the waste treatment plant. Annual waste balance of the waste collector and the handler as being fulfilled.

(6) Where the reporting of an annual balance sheet is carried out in accordance with the provisions of § 8 in conjunction with Annex 2, the charges relating to the annual transmission of data on the type, quantity, origin and whereabout of waste shall be deemed to be fulfilled.

Implementation of European Community legislation

§ 11. This Regulation repeals Regulation (EC) No 2150/2002 on waste statistics, OJ L 248, 16.9.2002, p. No. OJ L 332, 09.12.2002 p. 1, as last amended by Regulation (EC) No 1893/2006, OJ L 327, 30.12.2006, p. No. OJ L 393, 30.12.2006, p.

entry into force

§ 12. (1) This Regulation shall enter into force 1. Jänner 2009 in force, insofar as (2) and (3) do not determine otherwise.

(2) § § 5 and 6 shall enter into force 1. Jänner 2010 in force.

(3) § 7 shall enter into force 1. Jänner 2014 in force.

Berlakovich