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Regulation on the enforcement of provisions in European Community legislation on shipments of waste

Original Language Title: Verordnung zur Durchsetzung von Vorschriften in Rechtsakten der Europäischen Gemeinschaft über die Verbringung von Abfällen

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Regulation on the enforcement of provisions in European Community legislation on shipments of waste (Waste Shipments Fines Regulation-AbfVerbrBußV)

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AbfverbrBußV

Date of completion: 29.07.2007

Full quote:

" Waste Shipments Fines Regulation of 29 July 2007 (BGBl. I p. 1761), most recently by Article 1 of the Regulation of 18 December 2014 (BGBl. 2314). "

Status: Last amended by Art. 1 V v. 18.12.2014 I 2314

For more details, please refer to the menu under Notes
The obligations laid down in Directive 98 /34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of the provisions relating to the services of The Information Society (OJ C EC No 37), as amended by Directive 98 /48/EC of the European Parliament and of the Council of 20 July 1998 (OJ L 136, 31.5.1998, p. EC No 18), have been observed.

Footnote

(+ + + Text evidence from: 2.8.2007 + + +) 
(+ + + Official note from the norm-provider on EC law:
Implementation of the
EGV 1013/2006 (CELEX Nr: 32006R1013) § 1
Consideration of
ERL 34/98 (CELEX Nr: 31998L0034) + + +)

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Input formula

Pursuant to Section 18 (5) of the Waste Shipments Act of 19 July 2007 (BGBl. I p. 1462), the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety: Unofficial table of contents

§ 1 Administrative Offences pursuant to Regulation (EC) No 1013/2006

(1) Contrary to Article 19 of Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on the application of the provisions of Article 18 (1) (b) of the Waste Shipments Act shipments of waste (OJ L 327, 22. 1, L 318, 28.11.2008, p. 15, L 334, 13.12.2013, p. 46), as last amended by Regulation (EU) No 1234/2014 (OJ L 206, 22.7.2014, p. 15), including in conjunction with Article 35 (1), Article 37 (2), second subparagraph, Article 37 (5), Article 38 (1), Article 40 (3), Article 42 (1), Article 44 (1), Article 45, Article 46 (1), Article 37 (1), Article 44 (1), Article 46 (1), Article 46 (1), Article Article 47 or Article 48, waste mixed. (2) Contrary to the provisions of Article 18 (1) (18) (c) of the Waste Shipments Act, who is in breach of Regulation (EC) No 1013/2006, by intentionally or negligently
1.
, contrary to the second sentence of Article 10 (5), including in conjunction with Article 42 (1), Article 44 (1), Article 45 or Article 46 (1), a record of the competent authority shall not be transmitted, not correct, in full or in good time,
2.
, contrary to Article 13 (2), first subparagraph, including in conjunction with Article 35 (1), Article 37 (2), second subparagraph, Article 37 (5), Article 38 (1), Article 40 (3), Article 42 (1), Article 44 (1), Article 45, Article 46 (1), Article 47, or Article 48, which does not make a communication, not correct, not complete or not timely,
3.
as the operator of an installation contrary to Article 15 (c), third sentence, in conjunction with the first and second sentence or the third sentence of Article 16 (d), in conjunction with the first and second sentence of Article 35 (1), and the second subparagraph of Article 37 (2), in each case, Article 37 (5), Article 38 (1), Article 40 (3), Article 42 (1), Article 44 (1), Article 45, Article 46 (1), Article 47 or Article 48, a document referred to therein by a competent authority, shall not, not properly, not fully or not in good time,
4.
as the operator of an installation contrary to Article 15 (d), third sentence, in conjunction with the first and second sentence or the third sentence of Article 16 (e) in conjunction with the first and second sentence of the second subparagraph of Article 35 (1), and the second subparagraph of Article 37 (2), Article 37 (5), Article 38 (1), Article 40 (3), Article 42 (1), Article 44 (1), Article 45, Article 46 (1), Article 47 or Article 48, a document referred to therein by a competent authority, shall not, not properly, not fully or not in good time,
5.
as the operator of an installation contrary to Article 15 (e), second sentence, also in conjunction with Article 35 (1), Article 37 (2), second subparagraph, Article 37 (5), Article 38 (1), Article 40 (3), Article 42 (1), Article 44 (1), Article 45, Article 45 46 (1), 47 or 48, a certificate issued by a competent authority is not transmitted, not correct, not complete or not in good time,
6.
Contrary to Article 16 (b), including in conjunction with Article 35 (1), Article 37 (2), second subparagraph, Article 37 (5), Article 38 (1), Article 40 (3), Article 42 (1), Article 44 (1), Article 45, Article 46 (1), Article 47 or Article 48, where a document referred to there is not transmitted to a competent authority, not correctly, in full or in time,
7.
as a carrier or a person directly carrying out the transport, contrary to the second sentence of Article 16 (c), including in conjunction with Article 35 (1), Article 37 (2), second subparagraph, Article 37 (5), Article 38 (1), Article 40 (3), Article 42 (1), Article 44 (1), Article 45, Article 46 (1), Article 47 or Article 48, in the case of transport, does not carry out, not correctly or not fully, a document referred to in that article,
8.
contrary to Article 17 (1), including in conjunction with Article 35 (1), Article 37 (2), second subparagraph, Article 37 (5), Article 38 (1), Article 40 (3), Article 42 (1), Article 44 (1), Article 45, Article 46 (1), Article 47, or Article 48, a competent authority does not inform, not correct, not fully or not in good time,
9.
Contrary to Article 18 (1) (a), including in conjunction with Article 37 (3), Article 38 (1) or Article 40 (3), it does not ensure that the document contained in Annex VII is carried on,
10.
Contrary to Article 18 (2), second subparagraph, also in conjunction with Article 37 (3), Article 38 (1), Article 40 (3), Article 42 (1), Article 44 (1), Article 45, Article 46 (1), Article 47 or Article 48, a copy of the Treaty shall not, not correctly, not in full or in good time,
11.
Contrary to Article 20, including in conjunction with Article 35 (1), Article 37 (2), second subparagraph, Article 37 (5), Article 38 (1), Article 40 (3), Article 42 (1), Article 44 (1), Article 45 or Article 46 (1), a document or a document information not or not kept for at least three years, or
12.
as the operator of an installation contrary to the second sentence of Article 22 (1), including in conjunction with Article 42 (1), Article 44 (1), Article 45 or Article 46 (1), the competent authority shall not, not properly, not fully or not in good time is informed.
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§ 2 Administrative Offences pursuant to Regulation (EC) No 1418/2007

(1) Contrary to the provisions of Section 18 (1) (18) (a) of the Waste Shipments Act, those who are in breach of Commission Regulation (EC) No 1418/2007 of 29 November 2007 on the export of certain products listed in Annex III or III A of the Waste Shipprov Regulation (EC) No 1013/2006 of the European Parliament and of the Council on waste destined for recovery to certain States to which the OECD Decision on the control of transboundary movements of waste does not apply (OJ L 327 6), as last amended by Regulation (EU) No 733/2014 (OJ L 316, 15.12.2007, p. 10), by deliberately or negligently:
1.
Contrary to Article 1, in conjunction with column a of the Annex,
2.
Contrary to Article 1, in conjunction with column (b) of the Annex to Regulation (EC) No 1418/2007, in conjunction with Article 35 (1), Article 9 (6) of Regulation (EC) No 1013/2006, without any valid consent,
3.
Contrary to Article 1, in conjunction with column (b) of the Annex to Regulation (EC) No 1418/2007, in conjunction with Article 35 (4) (a) of Regulation (EC) No 1013/2006, waste is carried out.
(2) An administrative offence within the meaning of Section 18 (1) (18) (b) of the Waste Shipments Act is to be in breach of Regulation (EC) No 1418/2007 by intentionally or negligently against Article 1 in conjunction with column b of the Annex to the Waste Shipments Act. Regulation (EC) No 1418/2007, in conjunction with Article 35 (1), Article 19 of Regulation (EC) No 1013/2006 Waste mixed. (3) Contrary to the requirements of Article 18 (1) (18) (c) of the Waste Shipments Act, who is against the Regulation (EC) No 1418/2007, by intentionally or negligently
1.
contrary to Article 1, in conjunction with column (b) of the Annex to Regulation (EC) No 1418/2007, in conjunction with Article 35 (1), Article 13 (2), second subparagraph, of Regulation (EC) No 1013/2006, a communication is not correct, not complete, or does not make timely,
2.
contrary to Article 1, in conjunction with column (b) of the Annex to Regulation (EC) No 1418/2007, in conjunction with Article 35 (1), Article 16 (b) of Regulation (EC) No 1013/2006, a document referred to there not by a competent authority, not correctly, not in full or in good time,
3.
as a carrier or a person directly carrying out the transport, contrary to Article 1, in conjunction with column b of the Annex to Regulation (EC) No 1418/2007, in conjunction with Article 35 (1), Article 16 (c), second sentence, of Regulation (EC) No 1013/2006 in the case of transport, does not carry out, correctly or not fully, a document referred to in that document,
4.
contrary to Article 1, in conjunction with column (b) of the Annex to Regulation (EC) No 1418/2007, in conjunction with Article 35 (1), Article 17 (1) of Regulation (EC) No 1013/2006, a competent authority is not a competent authority, is not correct, is not complete or not in good time,
5.
contrary to Article 1, in conjunction with column (b) of the Annex to Regulation (EC) No 1418/2007, in conjunction with Article 35 (1), Article 20 of Regulation (EC) No 1013/2006, a document or information not, or not at least three years, is kept.
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§ 3 Administrative Offences pursuant to Regulation (EEC) No 259/93

(1) Contrary to Article 62 (1) of Regulation (EC) No 1013/2006, which is contrary to Council Regulation (EEC) No 259/93 of 1 February 1993 in the case of the application of Article 62 (1) of the Waste Shipments Act on the supervision and control of shipments of waste within, into and out of the European Community (OJ L 327, 30.4.2004, p. EC No 1), as last amended by Commission Regulation (EC) No 2557/2001 of 28 December 2001 (OJ L 378, 27.12.2001, p. EC No 1), by intentionally or negligently
1.
without authorization or without consent, contrary to Article 5 (1), Article 10, also in conjunction with Article 17 (6) or Article 22 (1) (b), Article 15 (7), also in conjunction with Article 17 (8), or Article 20 (6), also in a connection with Article 22 (2), waste or
2.
, contrary to Article 8 (1), first sentence, also in conjunction with Article 17 (4) or Article 22 (1) (a), or Article 24 (6), in spite of the fact that objections have been received by objection, waste is to be provided.
(2) Contrary to the provisions of Section 18 (1) (18) (c) of the Waste Shipments Act, who in the event of the application of Article 62 (1) of Regulation (EC) No 1013/2006 violates Regulation (EEC) No 259/93 by intentionally applying the provisions of Article 62 (1) of Regulation (EC) No 259/93 or negligent
1.
contrary to Article 5 (2), Article 8 (2), also in conjunction with Article 9 (5), Article 10, Article 17 (4) or (6) or Article 22 (1), Article 15 (8), first sentence 1, also in conjunction with Article 17 (8), Article 20 (7) (1), even in conjunction with Article 22 (2) or Article 23 (6), first subparagraph, a copy of the consignment note of a competent authority shall not be transmitted, not correct, in full or in good time,
2.
contrary to Article 5 (5), Article 8 (5), also in conjunction with Article 9 (5), Article 10, Article 17 (4) or (6) or Article 22 (1), or Article 20 (8), also in conjunction with Article 22 (2), a copy of the completed Accompanying notes to a competent authority shall not be transmitted, not correct, in full or in good time,
3.
contrary to Article 5 (6), first sentence, Article 8 (6), first sentence, also in conjunction with Article 9 (5), Article 10, Article 17 (4) or (6) or Article 22 (1), or Article 20 (9) sentence 1, also in conjunction with Article 22 (2), a a certificate of disposal or recovery of a competent authority is not transmitted, not correct, not fully or in good time,
4.
contrary to Article 5 (3), Article 8 (3), also in conjunction with Article 9 (5), Article 10, Article 17 (4) or (6) or Article 22 (1), Article 15 (8), first sentence, also in conjunction with Article 17 (8), or Article 20 (7). (2), including in conjunction with Article 22 (2), a consignment is not accompanied by a copy of the consignment note or, contrary to Article 23 (6), second subparagraph, of a consignment does not include a certified copy of the consignment note; or
5.
, contrary to Article 15 (8), third subparagraph, including in conjunction with Article 17 (8), Article 20 (7), first sentence, also in conjunction with Article 22 (2), or Article 23 (6), third subparagraph, a certified copy of the customs office ' s accompanying note shall not be presented.