Ordinance On Waste Register And Approving As Collector

Original Language Title: Bekendtgørelse om Affaldsregistret og om godkendelse som indsamlingsvirksomhed

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Overview (table of contents)



Chapter 1



The scope of the





Chapter 2



Definitions





Chapter 3



Waste register





Chapter 4



Registration of recycling facilities and installations, that prepares waste for recycling, waste conveyors, brokers and dealers and municipal treatment plants





Chapter 5



Approval and registration as a collector





Chapter 6



Fees





Chapter 7



Supervision





Chapter 8



Administrative provisions





Chapter 9



Penalty





Chapter 10



Entry into force and transitional provision



The full text of the Ordinance on waste register and approving as indsamlingsvirksomhed1)

Under section 7 (b), section 44, paragraphs 1 and 4-6, § 45 d, § 48, paragraphs 4 and 8, article 73, section 80 (1) and (2), § 88, paragraph 89 (b), section 92 and section 110, paragraph 3, of the law on environmental protection, see. lovbekendtgørelse nr. 879 of 26. June 2010, as amended by Act No. 1273 of 21. December 2011, law No. 446 of 23. may 2012 and law No. 1149 of 11. December 2012 shall be determined: Chapter 1 scope § 1. The Ordinance covers Waste register and registration of establishments and facilities therein, approval as a collector and the payment of fees to cover the costs for administration, fee collection and supervision, as the notice entails.

Chapter 2 Definitions section 2. For the purposes of this order: 1) Wastes: as defined in the Ordinance on waste.

2) Waste suitable for material recovery: as defined in the Ordinance on waste.

3) Waste treatment plants: as defined in the Ordinance on waste.

4) Waste fraction: as defined in the Executive order on waste.

5) waste producer: as defined in the Ordinance on waste.

6) Waste carrier means any undertaking transporting waste for hire or reward, including by the use of vehicles, rail, aircraft or ship.

7) other final material recovery: as defined in the Ordinance on waste.

8) Treatment: as defined in the Ordinance on waste.

9) Commercial wastes: as defined in the Ordinance on waste.

10) Pre-treatment: as defined in the Ordinance on waste.

11) preparing for re-use: as defined in the Ordinance on waste.

12) vendor: any company that acts as a principal to purchase and subsequently sell waste, including such dealers who do not take physical possession of the waste.

13) Recycling: as defined in the Ordinance on waste.

14) recycling facilities: as defined in the Ordinance on waste.

15) recycling: as defined in the Ordinance on waste.

16) Handling: as defined in the Ordinance on waste.

17) collector: an establishment approved in accordance with Chapter 5 of this order.

18) source separation: as defined in the Ordinance on waste.

19) Municipal treatment plants: as defined in the Ordinance on waste.

20) Mediator: any company that arranges the recovery or disposal of waste on behalf of others, including such brokers who do not take physical possession of the waste.

21) Recovery: as defined in the Ordinance on waste.

22) foreign operation: as defined in the Ordinance on waste.

23) Company: as defined in the Ordinance on waste.

Chapter 3 the waste register section 3. The environmental protection agency is responsible for keeping the register of waste.

§ 4. Waste register shall contain information on: 1) recycling facilities and installations, that prepares waste for recycling, if they handle industrial waste, see sorted source However, section 5, paragraph 2.

2) collectors.

3) Waste conveyors, see. However, section 6, paragraph 2.

4) Brokers and dealers.

5) Municipal treatment plants, that after the Ordinance on waste is timely notified or approved to handle source sorted industrial waste which is suitable for material recovery.

Chapter 4 Registration of recycling facilities and installations, that prepares waste for recycling, waste conveyors, brokers and dealers and municipal treatment plant, § 5. Recycling facilities and installations, that prepares waste for recycling, if they deal with source sorted industrial waste, Waste is recorded in the register not later than the company's beginning, see. However, paragraph 2.

(2). Companies may refrain from registering as recycling facilities and installations, that prepares waste for recycling, if 1) company recycles waste and take home from their own products in the further production, or 2) company not downstream waste from a wider audience, but only acquire specific types of waste for recycling in the company's production.

(3). A request for registration in accordance with paragraph 1 shall contain 1) plant's VAT number and p-number 2) valid environmental approval, if such is required, and (3)) information about which waste fractions the plant can process, and the recycling process plant makes.

§ 6. Waste conveyors must be registered in the register of waste not later than the company's beginning, see. However, paragraph 2.

(2). A company may choose not to register as a waste carrier, provided that the company has applied for or has been approved and registered as a collector in accordance with Chapter 5.

(3). Waste conveyors shall request registration inform the company's VAT number and p-number.

§ 7. Brokers and dealers need to be registered in the register of waste not later than the company's beginning.

(2). A request for registration in accordance with paragraph 1 shall contain the company's VAT number and p-number.

§ 8. Municipal treatment plants can be recorded in the register, when the Waste after the Ordinance on waste in a timely manner is reported to the environmental protection agency that the treatment plant should continue to be able to deal with source sorted industrial waste to material recovery, and should be recorded when the processing plant of the environmental protection agency approved for that purpose.

(2). A request for registration in accordance with paragraph 1 shall contain 1) company's VAT number and p-number and 2) indication of the waste fractions the plant can process.

(3). If the environmental protection agency decides to refuse approval of a municipal treatment fixed continued treatment of industrial waste to material recovery sorted source, delete any registration pursuant to paragraph 1 from the waste register.

§ 9. Request for registration in accordance with §§ 5-8 must be done digitally on the p-number level via virk.dk – Waste directory.

(2). The environmental protection agency must, at the request of a foreign company without p-number make the digital request for registration for this on the basis of submitted material. Registration must be done on the production unit level, IE. for each physical location where the company operates from.

§ 10. The environmental protection agency must, as soon as possible, acknowledge receipt of a request for registration. The receipt shall contain the following information: 1) the published deadline for the processing of the application or registration concerned and the possibility that the deadline can be extended once, see. § 11 (1) and (2).

2 cannot be brought before the decision) other administrative authority. Action against the decision may be brought pursuant to § 101.

§ 11. The environmental protection agency must decide whether the request for registration may be accepted within 21 days after receipt of the request referred to in §§ 5-8 information referred to. The closing date is counted from the time when the applicant has submitted all the information, it is the responsibility of the applicant to submit pursuant to §§ 5-8.

(2). The environmental protection agency may extend the time limit referred to in paragraph 1, one time, if the complexity of the case so warrants. The environmental protection agency must provide the requesting registration, notice of extension and duration thereof before the expiry of the deadline referred to in paragraph 1. The announcement of the extension must contain a justification for the extension and its duration.

§ 12. The environmental protection agency shall, in connection with the registration of recycling facilities, plant that prepares waste for recycling, and municipal treatment plants, a decision on which of the reported waste fractions, see. § 5, paragraph 3, nr. 3, and section 8, paragraph 2, no. 2, the plant must be registered in the register to receive Waste.

(2). Installations in accordance with paragraph 1 must not receive source sorted industrial waste to material recovery, unless they are registered in the register of Waste that may receive the relevant waste fractions, see. (1).

§ 13. If there is a change in the information provided in accordance with §§ 5-8, recycling facilities, plant that prepares waste for recycling, waste conveyors, brokers and dealers, as well as municipal treatment plants within 14 days must report these changes to digital via virk.dk – Waste directory.

Chapter 5 Authentication and registration as a collector section 14. Companies that download or receive waste and after any initial sorting, tentative storage or transfer the waste preprocessing, must be approved as collector of the environmental protection agency, before the company can: 1) agree to take responsibility for the treatment of industrial waste, sorted source which is suitable for material recovery, according to the rules laid down to that effect in the Ordinance on waste.

2) report information about picked up or received waste in accordance with the Ordinance on waste data system.


(2). An approval in accordance with paragraph 1 is limited in time and granted for 5 years, after which they must apply for a new authorization. An application for a new approval shall be submitted, before the existing approval expires. The environmental protection agency can make administrative extension of an existing approval in connection with the application for a new approval.

(3). Application to the environmental protection agency for approval must be made digitally on the p-number level via virk.dk – Waste directory.

§ 15. The application for approval must include: 1) the company's VAT number and p-number.

2) proof that at least one person with management responsibilities for the collection of industrial waste to material recovery sorted source has achieved collector proof or have qualifications that can be equated with it. The requirement to collect evidence or qualifications as equivalent thereto, must be satisfied, regardless of the type of waste collected, see. However, paragraph 2.

3) specifying which waste fractions as the company seeks to become approved to take over responsibility for and make reporting to the Waste data system about the meaning. section 14, paragraph 1.

4) indication of whether the company pre-treats source sorted industrial waste to material recovery and therefore seeks to be accepted as a collection company with pre-treatment plants.

5) Valid environmental approval, if such is required.

(2). In companies with multiple production units (p devices) must be provided in each p-unit shall be at least one person with valid proof employee, the meaning. However, paragraph 3.

(3). Paragraph 2 shall not apply if the unit is 9 or fewer persons employed. The number of employees shall be established as an annual average.

(4). Companies that have several p-units, at the request of the environmental protection agency to document the number of employees.

§ 16. The environmental protection agency must, as soon as possible, acknowledge receipt of an application for approval. The receipt shall contain the following information: 1) the published deadline for the processing of that application and the possibility that the deadline can be extended once, see. section 17 (1) and (2).

2) the company shall not commence the fundraising activities before the environmental protection agency has granted approval, regardless of whether the time limit on the published deadline or a subsequent announced deadline is complied with.

3 Decision cannot be challenged before the second) administrative authority. Action against the decision may be brought pursuant to § 101.

§ 17. The environmental protection agency must decide whether the approval can be issued no later than 21 days after receipt of the application with the information referred to in section 15. Deadlines is counted from the time when the applicant has submitted all the information, it is the responsibility of the applicant to submit under section 15.

(2). The environmental protection agency may extend the time limit referred to in paragraph 1, one time, if the complexity of the case so warrants. The environmental protection agency must give the applicant notice of the extension and for the duration thereof before the expiry of the deadline referred to in paragraph 1. The announcement of the extension must contain a justification for the extension and its duration.

(3). Notwithstanding the time limit laid down in paragraphs 1 and 2 may not initiate collection activities, the applicant before the environmental protection agency has granted approval.

§ 18. The environmental protection agency shall, in connection with the approval of the collectors decision on which of the applied waste fractions, see. section 15 (1) (8). 3, the company must be registered in the register to receive Waste.

(2). Collectors must not take over responsibility for the treatment of industrial waste, sorted as source is suitable for material recovery, see. section 14, paragraph 1, unless they are registered in the register of Waste that may receive the relevant waste fractions, see. (1).

§ 19. The environmental protection agency to record collectors in the waste register when they are approved.

§ 20. For collectors, as preprocessing source sorted industrial waste material recovery, take the environmental protection agency to decide whether the company should be registered as a collection company with or without pre-treatment plants.

§ 21. An approved and registered collector must within 14 days to inform about changes in the facts referred to in section 15. An amendment must be submitted digitally via virk.dk – Waste directory.

(2). If a collector no longer has at least one person employed in collecting evidence or qualifications as equivalent thereto, approval will lapse if not the company no later than 6 months after the person with collecting evidence or qualifications as equivalent thereto, is resigned, has hired a new person discharging managerial responsibilities, who have obtained the necessary evidence or qualifications which can collect equivalent.

§ 22. The environmental protection agency may revoke approval or disapproving collectors, provided that the company is guilty of gross or repeated neglect more often in connection with activities related to source ordered business waste for material recovery.

Chapter 6 Fees § 23. Businesses must pay a one-time fee of $2,507. for the processing of the application for approval as a collector after chapter 5. This fee shall cover the cost of processing the application, including costs for administration, fee collection and supervision of the collection companies allow themselves to authenticate.

(2). Companies and plants, requesting registration after §§ 5-8, or recorded under section 19, shall pay a one-time fee of $2,507. for treatment of registration in the register of waste. Fee payable per category, see. § 4, no. 1-5, as the undertaking or establishment shall be recorded in.

(3). Enterprises and facilities that are registered pursuant to section 11, paragraph 1, and section 19, shall in addition pay an annual fee of DKK 1,190 levied for any calendar year at a time. Fee payable per category, see. § 4, no. 1-5, as the undertaking or establishment register in Fee are not refundable in whole or in part. on subsequent deregistration.

(4). The fees shall correspond to the actual costs, which the environmental protection agency has in connection with the installation, operation, maintenance and administration of Waste register, including costs associated with fee collection and supervision of that registration-liable companies and plant register.

(5). One-time charges in accordance with paragraphs 1 and 2 shall apply to applications received by 2013. For later applications be regulated fees annually per 1. January on the basis of the latest published price-and lønindeks in the Ministry of finance, Economic Administrative Guidance. The current fee rate published on the environmental protection agency's website www.mst.dk.

(6). The annual fee in accordance with paragraph 3 applies to 2013. The fee will be adjusted annually on 1 October. January on the basis of the latest published price-and lønindeks in the Ministry of finance, Economic Administrative Guidance. The current fee rate published on the environmental protection agency's website www.mst.dk.

(7). The fees levied by the environmental protection agency.

Chapter 7 Supervision article 24. The environmental protection agency responsible for supervising compliance with the provisions of this Ordinance are complied with.

Chapter 8 Administrative provisions § 25. Decisions after this Ordinance cannot be brought before another administrative authority.

Chapter 9 Penalty section 26. Unless a higher penalty is inflicted upon the rest of the legislation, is punishable by a fine anyone who 1) fails to apply for registration in the register of waste, including in the right form, see. sections 5-8, 2) fail to provide information referred to in article 6. sections 5-8, 3) receives waste fractions, as the plant is not registered to receive the meaning. section 12, paragraph 2, 4) fail to inform of any changes in the facts referred to in §§ 5-8 of the basic regulation. § 13, 5) shall transmit information about picked up or received waste in accordance with the Ordinance on waste data system without being approved as collection activities under section 14, paragraph 1, 6) continues company after expiry of approval without seeking approval of the basic regulation. section 14, paragraph 2, 7) fail to inform of any changes in the facts referred to in section 15 of the basic regulation. § 21, 8) takes over the responsibility for the treatment of waste fractions, as the company is not registered to receive the meaning. section 18 (2) or 9) fail to pay the fee referred to in article 6. Article 23, paragraph 1-3.

(2). That can be imposed on companies, etc. (legal persons) criminal liability in accordance with the provisions of the criminal code 5. Chapter.

Chapter 10 entry into force and transitional provision § 27. The notice shall enter into force on the 1. January 2013. section 15 (1) (8). 2, article 15, paragraphs 2 to 4, and article 21, paragraph 2, however, shall enter into force on 1 January. January 2014.

(2). Cases pending for the registration in the register of waste and approving as collector finalised in accordance with the provisions of this Ordinance.

The Ministry of the environment, the 17. December 2012 Ida Auken/Claus Torp Official notes


1) Ordinance contains provisions implementing parts of the European Parliament and of the Council Directive 2008/98/EC of 19. November 2008 on waste and repealing certain directives, the official journal of the European Union 2008, nr. L 312, page 3, the European Parliament and of the Council Directive No. 94/62/EC of 20. December 1994 on packaging and packaging waste, the official journal 1994, nr. L 365, p. 10, as last amended by European Parliament and Council Regulation (EC) No 1782/2003. 219/2009 of 11. March 2009, the official journal of the European Union 2009, nr. L 87, page 109, parts of the European Parliament and Council Directive 2006/66/EC of 6 May 2003. September 2006 on batteries and accumulators and waste batteries and accumulators and repealing Directive 91/157/EEC, Official Journal of the European Union 2006, nr. L 266, page 1, as last amended by European Parliament and Council Directive 2008/103/EC of 19. November 2008, the official journal of the European Union 2008, nr. L 327, page 7, parts of the European Parliament and Council Directive 2002/96/EC of 27. January 2003 on waste electrical and electronic equipment (WEEE), the official journal of the European Union 2003, nr. L 37, p. 24, as last amended by European Parliament and Council Directive 2008/112/EC of 16. December 2008, the official journal of the European Union 2008, nr. L 345, page 68, parts of Council Directive 1999/31/EC of 26. April 1999 on the landfill of waste, the official journal of the European communities 1999, nr. L 182, page 1, as last amended by European Parliament and Council Regulation (EC) No 1782/2003. 1137/2008 of 22. October 2008, the official journal of the European Union 2008, nr. L 311, page 1 and parts of the European Parliament and Council Directive 2006/123/EC of 12. December 2006 on services in the internal market, the official journal of the European Union 2006, nr. L 376, page 36.