Law implementing Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste 1) and of the Basle Convention of 22 March 1989 on the control of cross-border shipments Shipments of hazardous wastes and their disposal 2) (Waste Shipments Act-AbfVerbrG)

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AbfVerbrG

Date of completion: 19.07.2007

Full quote:

" Waste Shipments Act of 19 July 2007 (BGBl. 1462), as last amended by Article 2 (53). Article 4 (34) of the Law of 7 August 2013 (BGBl. I p. 3154).

Status:

Last amended by Art. 2 (53) and Art. 4 (34) G v. 7.8.2013 I 3154

For more details, please refer to the menu under Notes

1)

Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste (OJ L 378, 27.12.2006, p. EU No 1), as amended.

2)

Basel Convention of 22 March 1989 on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (BGBl. 2703), as amended by Decisions of 22 September 1995 and 27 February 1998 (BGBl. 89), of the 9. Until 13 December 2003 (BGBl. 1626) and of 25. up to 29. October 2004 (BGBl. 1122), as amended in each case.

Footnote

(+ + + Text proof: 28.7.2007 + + +) 

  

The G was referred to as Art. 1 d. G v. 19.7.2007 I 1462 from the Bundestag with the consent of the Bundesrat. It's gem. of its Article 9 (1), first sentence, entered into force on 28 July 2007. Unofficial table of contents

§ 1 Scope

This Act applies to:

1.

shipments of waste into, out of or through the territory of the Federal Republic,

2.

shipments of waste between places in the federal territory, which is connected with transit through other States,

3.

shipments of waste where a German competent authority is to be notified as the original competent authority in the original country of dispatch, in accordance with Article 15 (f) (ii) of Regulation (EC) No 1013/2006, when the shipment is notified to the competent authority of the Member State concerned, and

4.

the recovery or disposal associated with the shipment.

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§ 2 Principle of autarky

(1) In the case of waste intended to be brought from the territory of the Federal Republic of Germany and intended for disposal, the removal of waste in the territory of the Federal Republic shall take precedence over the removal of waste abroad. In so far as the disposal of waste abroad is permitted in accordance with the first sentence and the provisions of Regulation (EC) No 1013/2006, the removal of waste in a Member State of the European Union shall take precedence over disposal in another Member State. State. (2) Paragraph 1 shall apply, in the implementation of Article 3 (5) of Regulation (EC) No 1013/2006, in accordance with mixed municipal waste (waste key 20 03 01), which has been collected in private households, even if such waste is other producers have been collected. Unofficial table of contents

§ 3 Provisions in the procedure of prior written notification and consent concerning the authorities

(1) The competent authority may permit the provision of security services or equivalent insurance in accordance with Article 4 (2) (5) and Article 6 of Regulation (EC) No 1013/2006, or, where the competent authority permits, proof of these security services or equivalent insurance are to be submitted at the latest together with the prior notification of the actual start of the shipment as referred to in Article 16 (b) of Regulation (EC) No 1013/2006. (2) Where a Shipment through the federal territory, which at the same time is a transit through the Community, by the competent authority of dispatch or at destination

1.

, the Federal Environment Agency shall submit the security services or equivalent insurance in accordance with Article 6 of Regulation (EC) No 1013/2006, including form, text and the contribution of the

2.

The Federal Environment Agency may review the contribution margin and, if necessary, additional security services or equivalent insurance in accordance with Article 6 of the Regulation. (EC) No 1013/2006.

(3) In accordance with Article 4 (2) (3) in conjunction with Annex II, Part 3, point 14 of Regulation (EC) No 1013/2006, the competent authorities may require other information which is relevant and necessary for the assessment of a notification. (4) The competent authority may no longer refuse a shipment in accordance with Article 11 (1) (c) or Article 12 (1) (d) of Regulation (EC) No 1013/2006 for reasons resulting from a final judgment, if: Date of decision by the authorities

1.

in the case of conviction for a criminal offence, the time limit for the repayment of the relevant registration in the Federal Central Register has expired,

2.

in other cases, since the judgment of the judgment has been in force for more than five years.

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§ 4 Duties of the other parties in the procedure of prior written notification and consent

(1) The notifier shall have the provisions referred to in Article 10 (1) or (2), in each case 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 46 (1), Article 47, or Article 48, of Regulation (EC) No 1013/2006, which relate to it, and to ensure that the recipient and the operator of the installation comply with the conditions relating to them; and the carrier complies with the requirements for the transport of the waste. (2) For shipments referred to in Article 4 up to 17, 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, of Regulation (EC) No 1013/2006,

1.

the notifier shall ensure that the accompanying form and copies of the notification form containing the written consent issued by the authorities concerned, together with the relevant conditions, are carried out,

2.

the carrier has to fill in the accompanying document in accordance with Annex IC to Regulation (EC) No 1013/2006, to sign it when it takes over the waste concerned, and, where appropriate, to another carrier or to the to hand in and keep a copy of the waste when the waste is handed over; the obligation to carry out the shipment and the delivery also applies to the person directly carrying out the transport, and

3.

where the consignee is not the operator of the facility receiving the waste, to fill in the accompanying document at the appropriate points, to sign it in the course of the transfer of the waste concerned, the consignee shall, in the case of the installation, the operator of the installation which shall: wastes to be handed over at the time of handing over of the waste and a copy of it itself.

Article 26 (2) (c), (3) and (4) of Regulation (EC) No 1013/2006 shall apply in respect of electronic control, transmission, filling and signature. (3) The carrier shall have the customs office of export referred to in Article 35 (3) (c), also, in conjunction with Article 37 (2) (2) and Article 37 (5), and Article 38 (3) (b) of Regulation (EC) No 1013/2006, to submit a copy of the movement document in the case of the declaration of customs declaration. The carrier shall, in accordance with Article 35 (3) (c), also in conjunction with the second subparagraph of Article 37 (2) and Article 37 (5), and Article 38 (3) (b), Article 47 and Article 48 and the customs office of entry referred to in Article 35 (3) (c), have been submitted to the customs office of exit in accordance Article 42 (3) (c), also in conjunction with Article 44 (3) and Article 45, as well as Articles 47 and 48 of Regulation (EC) No 1013/2006, to submit a copy of the accompanying document when the waste is presented at the customs office. (4) The operator of an installation which receives the waste shall immediately have the waste and the waste To check the accompanying form. If this examination reveals that the waste does not comply with the accompanying form or the contract referred to in Article 5 of Regulation (EC) No 1013/2006, the operator shall immediately inform the competent authority in accordance with Article 14 (1) sentence 1. (5) The The operator of the plant shall have the recovery or disposal of waste pursuant to Article 9 (7), including in conjunction with Article 40 (3), Article 42 (1), Article 44 (1), Article 45 and Article 46 (1), of Regulation (EC) No 1013/2006 within the (6) The notifier shall have the competent authority, if: Article 37 (2), Article 37 (5), Article 38 (1), Article 40 (3), Article 42 (1), Article 44 (1), Article 37 (1), Article 37 (1), Article 37 (1), Article 37 (1), Article 37 (1), Article 37 (1), Article 37 (1), Article 37 (1), Article 37 45, Article 46 (1), Article 47 or Article 48, which has made Regulation (EC) No 1013/2006 subject to the subsequent submission of additional information and documents pursuant to Article 4 (2) (2) and (3) of Regulation (EC) No 1013/2006, to: Dates specified by the Authority shall transmit such information and documents. Unofficial table of contents

§ 5 obligations under the general information requirements

(1) In the case of shipments referred to in Article 18, including 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, of Regulation (EC) No 1013/2006 be collected,

1.

the person who causes the shipment to complete the document contained in Annex VII to Regulation (EC) No 1013/2006 as far as possible,

2.

the carrier shall fill in the document referred to in Annex VII to Regulation (EC) No 1013/2006 to the bodies concerned, sign it when it takes over the waste concerned and, if necessary, enter it to another to hand in the carrier or the consignee upon the transfer of the waste, where the obligation to carry out the shipment and the delivery also applies to the person directly carrying out the transport,

3.

where it is not the operator of the recovery facility or laboratory, the consignee shall, after signature in accordance with Article 18 (1) (b) of Regulation (EC) No 1013/2006, enter into the document contained in Annex VII to Regulation (EC) No 1013/2006 to the the operator of the recovery facility or of the laboratory to hand over the waste; and

4.

the person who causes the shipment and the consignee before the start of a shipment shall conclude a contract in accordance with the first subparagraph of Article 18 (2) of Regulation (EC) No 1013/2006 and shall take that contract at least three years from the date of commencement of the shipment of the shipment, with the exception of waste provided for in Article 3 (4) of Regulation (EC) No 1013/2006.

(2) The operator of an installation receiving the waste shall immediately examine the waste and the document which is carried out in Annex VII to Regulation (EC) No 1013/2006. If this examination reveals that the waste does not comply with the document or the contract referred to in the first subparagraph of Article 18 (2) of Regulation (EC) No 1013/2006, the operator shall immediately inform the competent authority in accordance with Article 14 (1) (3) The operator of a laboratory which receives the waste shall immediately examine the waste and the document which is carried out in Annex VII to Regulation (EC) No 1013/2006. If this examination shows that the waste does not correspond to the document carried out or the quantity of waste exceeds the quantity allowed under Article 3 (4) of Regulation (EC) No 1013/2006, the operator shall immediately: competent authority pursuant to § 14 (1) sentence 1. (4) Article 26 (3) of Regulation (EC) No 1013/2006 as regards paragraphs 1, no. 1, 2 and 3 shall apply mutas to the electronic management, filling and signing of the electronic management, filling and signing. Unofficial table of contents

Section 6 Regulation

The Federal Government is empowered to do so by means of

1.

, with the consent of the Bundesrat, to adopt provisions on basic arrangements for the implementation of Regulation (EC) No 1013/2006, which shall be adopted at meetings of contact points in accordance with Article 57 of Regulation (EC) No 1013/2006 ,

2.

, with the consent of the Federal Council, to enter into force agreements pursuant to Article 30 of Regulation (EC) No 1013/2006, which are within the scope of the objectives of this Regulation, and

3.

, without the consent of the Federal Council, after consulting the parties concerned, in accordance with Article 36 (3) of Regulation (EC) No 1013/2006, to adopt rules on the exemptions from the export ban relating to certain wastes listed in Annex V.

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§ 7 Fees and charges

(1) The competent authorities may charge fees and expenses for the following individually attributable public services in order to cover the administrative burden:

1.

Implementation of the notification and monitoring procedure provided for in Article 29 of Regulation (EC) No 1013/2006,

2.

Carry out analyses and checks in accordance with Article 29 of Regulation (EC) No 1013/2006, including sampling and testing of samples, and

3.

Arrangements according to § 13.

(2) The person who owes fees and outlays is

1.

for the collection and examination of samples, in addition to the notifier of the carrier or the person responsible for the shipment of waste subject to the general information requirements referred to in Article 18 of Regulation (EC) No 1013/2006, and

2.

for orders in accordance with § 13 of the person responsible.

(3) The Federal Government is authorized, by means of a legal regulation without the consent of the Federal Council, for individually attributable public services as referred to in paragraph 1, the chargeable facts, the fee rates and the delivery allowance in relation to the to the federal authorities referred to in Article 11 (2), second sentence, and § 14 (4). In calculating the fees, account shall be taken of the administrative burden associated with the performance, which depends in particular on the quantity and risk of the waste to be spent. The fee is at least EUR 50; it must not exceed EUR 6 000 in individual cases. (4) Special Fees Ordinance of the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety pursuant to Article 22 (4) of the Federal Law on Fees may provide for the area of the Federal Administration will be regulated by the Fees of Fees by way of derogation from the provisions of the Federal Law on Fees. Unofficial table of contents

Section 8 Supplementary provisions on readmission obligations

(1) Where a collection obligation pursuant to the first subparagraph of Article 22 (2) or the third subparagraph of Article 24 (2) (1) or Article 24 (2) (c), (d) or (e) of Regulation (EC) No 1013/2006 meets a competent authority in the territory of the Federal Republic of Germany, the fulfilment of the Obligation on the country in which the shipment has commenced. As far as authorities of several countries are concerned, the countries concerned have to designate a competent authority. In so far as no competent authority can determine or if it can be determined in good time that the readmission obligation can be complied with within the stipulated period, the obligation shall be the responsibility of the country which, in the case of successive allocation of these cases, shall be responsible for the alphabetical order of the ordered list of country names next. Countries may delegate the fulfilment of the obligation of a common body. (2) Insofar as there is an obligation to take over the costs of withdrawal in accordance with Article 23 or 25 of Regulation (EC) No 1013/2006 for waste which is to be taken from the This obligation shall also apply to the person who has initiated, mediated or carried out a shipment or has been involved in any other way, and the producer of the waste. By way of derogation from the first sentence, this obligation shall not apply

1.

the producer of the waste, if he can demonstrate that he has duly acted in the domestic territory of the third person in the delivery of the waste and that he has not been involved in the shipment; and

2.

Institutions or exchanges of self-governing bodies or associations of the economy which have provided the waste for recovery, insofar as this is limited to the exchange of addresses of published offers and inquiries.

Those who are obliged to take over the costs of the withdrawal shall be obliged to compensate each other in accordance with the principles of the total debt. (3) The costs incurred by the competent authorities in connection with the withdrawal and the Recovery or disposal or recovery or disposal in other ways shall be carried out by the chargeable person in accordance with Article 23 or 25 of Regulation (EC) No 1013/2006, in conjunction with paragraph 2. It may be determined that the paid person has to pay in advance the estimated costs incurred in connection with the withdrawal or recovery or disposal in any other way. (4) Insofar as a paid person in accordance with Article 23 or 25 of Regulation (EC) No 1013/2006, in conjunction with paragraph 2, the country in which the competent authority referred to in the first sentence of paragraph 1 is situated shall bear the costs of the withdrawal or recovery or disposal in any other way, minus those of the convicted persons and other Third persons subject to the authority to be reimbursed in relation to the competent authority referred to in paragraph 1. For cases of fulfilment of the readmission obligation by a common body referred to in the fourth sentence of paragraph 1, the countries may agree on the allocation of costs. (5) objection and action against decisions relating to the return of the Waste or the fixing of the costs referred to in paragraph 3 shall not have suspensive effect. Unofficial table of contents

§ 9 Data collection and use

(1) Personal data may be collected for the following tasks:

1.

Control of shipments of waste and the related recovery or disposal,

2.

the fight against illegal shipments,

3.

the fulfilment of the information obligations to the competent authorities of other States, the Secretariat of the Basel Convention and the Commission,

4.

Implementation of waste management planning, insofar as shipments from or into the federal territory are included.

The following authorities shall be entitled to the name and address, date and place of birth, telephone and fax numbers, e-mail addresses and the insurance cover of persons involved in the shipment of waste and of the waste shipments concerned. , and shall collect, in so far as is necessary for the performance of the tasks referred to in the first sentence, the undertakings operating in the said sector, including producers and operators of installations, taking part in the said sector:

1.

the point of contact in accordance with § 15, the competent authorities responsible for waste management in accordance with federal or state law, the institutions responsible for public service tasks of the waste management system, the supreme environmental authorities responsible for the waste management. joint institution pursuant to section 8 (1) sentence 4,

2.

the authorities of the customs administration,

3.

the competent police authorities, including the Federal Criminal Police Office and the State Criminal Police Offices,

4.

the Federal Office for Goods Transport, the Federal Office for Economic Affairs and Export Control (BAFA), the Federal Office for Consumer Protection and Food Safety, the Federal Institute for Agriculture and Food and the Federal Foreign Office.

(2) Insofar as nothing else is intended in this Act and in the waste laws of the Federal Government and the Länder, personal data may only be collected from the persons concerned. Without their participation, they may only be collected if this is necessary for the performance of the tasks set out in the first sentence of paragraph 1 and if the conditions set out in § 4 (2) sentence 2 of the Federal Data Protection Act or corresponding requirements are fulfilled after (3) The bodies referred to in the second sentence of paragraph 1 may apply the data collected to the other bodies referred to in the second sentence of paragraph 1, as well as to the Federal Ministries of Finance, the Interior, the Economy and the Technology, for transport, construction and urban development, for food, agriculture and Consumer protection, the environment, nature conservation and nuclear safety and to the Federal Environment Agency, to the extent that this is necessary for the performance of the tasks referred to in the first sentence of paragraph 1. Personal data transmitted by the foreign bodies referred to in paragraph 4 may be transmitted to the bodies referred to in the first sentence, in so far as this is in order to fulfil the tasks referred to in the first sentence of paragraph 1. is required. The data collected in accordance with the second sentence of paragraph 1 and personal data transmitted by the foreign bodies referred to in paragraph 4 or by other foreign bodies may be transmitted to the courts and law enforcement authorities without the need for such data to be transmitted to the courts or to the law enforcement authorities. in writing, in so far as it is clear from the point of view of the authorities concerned, that there is real evidence that knowledge of the data is necessary for the prosecution of criminal offences or administrative offences. (4) When the contact points are and the bodies responsible for waste management in other countries, the Secretariat of the The Basel Convention and the Commission in writing of the data collected in accordance with the second sentence of paragraph 1 have requested and justified the reasons for which they need it, the data may be transmitted to them in so far as the knowledge of the data for the performance of the data The third person referred to in paragraphs 3 and 4 may use the data only for the purpose for which they have been transmitted. In addition, use shall only be permitted where it is necessary to prevent significant disadvantages for the common good or an otherwise imminent threat to public safety or to prosecution of criminal offences and administrative offences. The notified body shall draw the attention of the third person in the cases referred to in paragraph 4. Unofficial table of contents

Section 10 Labelling of vehicles

(1) carriers and persons directly carrying out the transport shall have vehicles with which they carry waste on public roads, before the journey takes place with two rectangular, retro-reflective, white warning signs of at least 40 centimetres Width and at least 30 centimeters height. The warning boards must bear the inscription "A" (letter height 20 centimetres, written thickness 2 centimetres) in black colour. The warning panels must be clearly visible on the outside of the vehicle during transport, both at the front and in the rear. In the case of trains, the rear panel shall be attached to the rear of the trailer. (2) Paragraph 1 shall not apply to vehicles with which waste within the framework of economic undertakings, that is to say, on the occasion of other commercial or economic activities (3) The Federal Government is authorized to make exceptions to the law in accordance with § 53 (6) or § 54 (7) of the German Circular Economy Law ("Circular Economic Law"). the labelling requirement referred to in paragraph 1. Unofficial table of contents

§ 11 Controls

(1) The competent national authorities shall, in accordance with Article 34 of Directive 2008 /98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 327, 30.12.2008, p. 3, L 127, 26.5.2009, p. 24), checks on plants and undertakings pursuant to Article 50 (2) of Regulation (EC) No 1013/2006. (2) The competent authorities in accordance with Article 14 (1) and (2), first sentence, shall check the sample Shipments of waste and the related recovery or disposal referred to in Article 50 (2) to (4) of Regulation (EC) No 1013/2006. In the control of shipments of waste, the Federal Ministry of Finance and the customs services designated by it, as well as the Federal Office for Goods Transport, are acting within the framework of their existing tasks. The customs services and the Federal Office of Goods Transport work together with the competent national authorities within the limits of their possibilities. (3) There is a suspicion of a breach of the provisions of Regulation (EC) No 1013/2006 or of this Regulation. Law, in particular the suspicion of an illegal shipment, shall inform the authorities referred to in paragraphs 1 and 2 of the authority responsible for the territory in which the control has been carried out, and

1.

in the case of shipment to the territory of the Federal Republic of Germany, the competent authority of destination in accordance with section 14 (1) sentence 1,

2.

in the case of shipment from the territory of the Federal Republic, the competent authority of dispatch in accordance with § 14 (1) sentence 2 or

3.

in the case of shipment through the territory of the Federal Republic of Germany, the competent authority for transit in accordance with Article 14 (4)

immediately in writing on the suspicion and the reasons therefor. (4) After the State Authority in charge of the territory in which the control was carried out was informed in accordance with paragraph 3, and the reasons for the suspicion and the reasons therefor, , it shall ensure, at the expense and risk of the person entitled to disposal, that safe storage arrangements shall be made, until such time as:

1.

the competent authority of dispatch in the case referred to in the first subparagraph of Article 24 (2) of Regulation (EC) No 1013/2006,

2.

the competent authority of destination in the case referred to in the first subparagraph of Article 24 (3) of Regulation (EC) No 1013/2006, or

3.

the authorities referred to in paragraphs 1 and 2 together in the case of Article 24 (5) of Regulation (EC) No 1013/2006

(5) In the case of paragraph 3 and in the case of a discovery pursuant to Article 22 (9), Article 24 (7), Article 35 (6), also in conjunction with Article Article 37 (2) and Article 37 (5), Article 38 (7), Article 42 (5), also in conjunction with Article 45, Article 47 and Article 48 (1), and Article 44 (5), also in conjunction with Article 48 (2), of Regulation (EC) No 1013/2006 the authorities referred to in paragraphs 1 and 2 may, on the basis of waste and their transport and packaging materials, (6) Paragraphs 3 and 4 leave Article 22 (9), Article 24 (2) subsection (2), subsection (3), second subparagraph, (2) and (4). 7, Article 35 (6), also in conjunction with Article 37 (2), second subparagraph, and Article 37 (5), Article 38 (7), Article 42 (5), also in conjunction with Article 45, Article 47 and Article 48 (1), and Article 44 (5), also in conjunction with Article 48 (2), Regulation (EC) No 1013/2006 is unaffected. Unofficial table of contents

§ 12 Measures for monitoring

(1) In particular, the competent authorities pursuant to Article 14 (1), (2) and (4) shall work bilaterally or multilaterally in the prevention and investigation of illegal movements with the competent authorities of other States in accordance with Article 50 (5) of Regulation (EC) No 1013/2006. (2) In order to take enforcement measures at the request of another Member State pursuant to Article 50 (7) of Regulation (EC) No 1013/2006, the competent national authorities and the competent authorities of the Member States referred to in Article 11 (2) sentence 2 shall apply. (3) § 47 of the German Circular Economy Act (Circular Economic Law) , In particular, the competent authority may also take samples of the transported waste and inspect it and inspect it in

1.

the accompanying form and copies of the notification form containing the written consents issued by the authorities concerned and the conditions laid down, and

2.

the document set out in Annex VII to Regulation (EC) No 1013/2006.

(4) On request shall be responsible for the competent authorities responsible for the control:

1.

the notifier shall have the documents referred to in the second sentence of paragraph 3, point 1,

2.

the person who causes the shipment, the documents referred to in the second sentence of the second sentence of paragraph 3, and

3.

the carrier, the person directly carrying out the transport, the consignee and the operator of the installation receiving the waste, the documents referred to in the second sentence of paragraph 3, points 1 and 2.

(5) For the purposes of control and enforcement, the competent authorities may request the information on shipments referred to in Article 18 (1) of Regulation (EC) No 1013/2006, including those referred to in Article 18, including in conjunction with Article 37 (3) thereof, Article 38 (1), Article 40 (3), Article 42 (1), Article 44 (1), Article 45 or Article 46 (1), of Regulation (EC) No 1013/2006. The person responsible for the shipment, the consignee and the operator of the facility receiving the waste shall, at the request of the competent authority, request the information referred to in the first sentence of the first subparagraph, at times determined by the authority. , Unofficial table of contents

§ 13 orders in individual cases

The competent authority may, on a case-by-case basis, take the necessary arrangements for the implementation of Regulation (EC) No 1013/2006, other directly applicable provisions in European Community legislation on shipments of waste, of this Regulation Law and the legal regulations adopted pursuant to this Act. It may, in particular, make arrangements for the fulfilment of the readmission obligation pursuant to Articles 22 or 24, in particular in conjunction with Article 35 (1), Article 37 (2), second subparagraph, Article 37 (3), Article 37 (5), Article 38 (1), Article 40 (1). 3, Article 42 (1), Article 44 (1), Article 45 or Article 46 (1) of Regulation (EC) No 1013/2006 and in order to ensure compliance with Article 22 (9), Article 24 (7), Article 35 (6), also in conjunction with Article 37 (2), second subparagraph, and Article 37 (5), Article 38 (7), Article 42 (5), also in conjunction with Article 45, Articles 47 and 48 (1), as well as Article 44 (5), including in conjunction with Article 48 (2), Regulation (EC) No 1013/2006 and Article 11 (5). Unofficial table of contents

Section 14 competent authorities

(1) For measures relating to shipments of waste into the territory and related recovery or disposal, including the obligations to be carried out for the competent authority of destination in accordance with Regulation (EC) No 1013/2006, the authority of the country in which the waste is to be used for the first time or is to be disposed of. For measures relating to shipments of waste from the Federal territory and related recovery or disposal, including the obligations for the competent authority of dispatch in accordance with Regulation (EC) No 1013/2006 , the authority of the country where the shipment of the waste is to begin or begins. (2) In addition to paragraph 1, the authorities of the country in whose territory the waste is located shall also be entitled to shipments of waste in the territory of the to control the territory from or through the territory of the Federal Republic. The competent authority of the territory in question pursuant to Article 22 (9) of Regulation (EC) No 1013/2006 shall be the competent authority responsible for the territory in which the competent authority is responsible for the territory in which the competent authority is responsible. (3) Shipment that cannot be completed has been discovered. Pursuant to Article 24 (7) of Regulation (EC) No 1013/2006 and the competent authority in the State of the customs office referred to in Article 35 (6), also in conjunction with Article 37 (2) (2) and Article 37 (5), for the territory concerned, Article 38 (7), Article 42 (5), also in conjunction with Article 45, Article 47 and Article 48 (1), and Article 44 (5), also in conjunction with Article 48 (2), of Regulation (EC) No 1013/2006, is the national authority responsible for the area in which the illegal shipment has been detected. (4) For the decision on waste shipments, The Federal Environment Agency shall be responsible for the related recovery or disposal which are subject to the procedure of prior written notification and consent. The Federal Environment Agency is also responsible for other obligations which apply to the authorities, which are the competent authorities for transit pursuant to Regulation (EC) No 1013/2006. Unofficial table of contents

§ 15 Contact point

(1) The Federal Environment Agency shall be the focal point within the meaning of Article 5 (1) of the Basel Convention and within the meaning of Article 54 of Regulation (EC) No 1013 /2006. (2) The federal and state authorities referred to in this Act shall exchange information in accordance with § 9 of the provisions of the Act of the Federal Republic of Germany. information on illegal movements and movements which cannot be completed as planned, as well as on ongoing investigation and criminal proceedings. The correspondent receives requests from abroad and forwards them to the relevant authorities. (3) The contact point provides information relevant to shipments of waste on its website. This is without prejudice to the fact that the competent authorities at the place of dispatch and destination, in accordance with Article 21 of Regulation (EC) No 1013/2006, shall make publicly available information on the notifications of shipments to which they have agreed to (4) The point of contact shall inform the Commission of the nominations and the information referred to in Article 50 (6) and Article 56 (1) (a) and (b) in conjunction with paragraphs 2 to 4 of Regulation (EC) No 1013/2006. Unofficial table of contents

Section 16 Reports and transmission of information

(1) The Federal Environment Agency is responsible for the transmission of information pursuant to Article 13 of the Basel Convention to the Secretariat of the Basle Convention. On request, the Länder shall submit to the Federal Environment Agency in good time, by electronic means, the information required under Article 13 of the Basel Convention. This includes, in particular, the information on the production of the report under Article 13 (3) of the Basel Convention, in particular the information in the notification form. The Federal Environment Agency shall send a copy of this report to the Commission in accordance with Article 51 (1) of Regulation (EC) No 1013 /2006. (2) For the preparation of the report pursuant to Article 51 (2) of Regulation (EC) No 1013/2006 and the transmission to the The Commission is responsible for the Federal Environment Agency. On request, the Länder, the Federal Ministry of Finance and the Federal Office for the Transport of Goods shall transmit to the Federal Environment Agency, in a timely manner, the information necessary for the production of this report in accordance with Annex IX to Regulation (EC) No 1013/2006. Unofficial table of contents

§ 17 Customs offices

In accordance with Article 55 of Regulation (EC) No 1013/2006, the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety, in agreement with the Federal Ministry of Finance, announcits the customs offices for the Federal Republic of Germany, via which the Federal Ministry of Finance Waste may be transported at the entrance or exit of the European Community. Unofficial table of contents

Section 18 Penbual provisions

(1) Contrary to the law, those who intentionally or negligently act

1.

, contrary to § 4 (1), a fully-fledgable condition is not fulfilled, not correct, not complete or not fulfilled in time, or does not ensure that a person named therein fulfils such a requirement,

2.

Contrary to Article 4 (2), first sentence, no. 1, it does not ensure that a document referred to therein is carried on,

3.

, contrary to § 4 (2) sentence 1 (2) or (3), the accompanying form shall not be handed out or shall not be handed over

4.

, contrary to Article 4 (3), a document shall not be presented in due time, or

5.

does not inform the competent authority or does not inform the competent authority in good time, contrary to the second sentence of Article 4 (4) or the second sentence of Article 5 (2), second sentence,

6.

Contrary to Article 4 (5), recovery or disposal shall not be concluded or shall not be concluded in time,

7.

, contrary to Article 4 (6), no information or document shall be transmitted, not correct, in full or in good time,

8.

the document referred to in paragraph 5 (1) (2) or (3) does not, either correctly or not fully, or not, or does not give the document in good time, the document referred to in that paragraph;

9.

Contrary to Article 5 (1) no. 4, a contract does not, not correct or not in good time, closes,

10.

a legal regulation in accordance with Section 6 (1) or (2), insofar as it refers to this fine for a certain amount of the facts;

11.

Contrary to § 10, paragraph 1, sentence 1, a vehicle is not, not correct, not complete or not in good time with warning signs,

12.

Contrary to § 12 (3) sentence 1 in conjunction with Section 47 (3) sentence 1 of the Circular Economic Law, an information is not issued, not correct, not complete or not given in time,

13.

Contrary to § 12 (3) sentence 1 in conjunction with § 47 (3) sentence 2 or sentence 3 of the Circular Economic Law, entering a property or a residential, commercial or operating room, the inspection of a document or the taking of a the technical inspection or testing shall not be permitted,

14.

Contrary to Section 12 (3) sentence 1 in conjunction with Section 47 (4) of the Circular Economic Law, no labour, tools or documents shall be made available,

15.

Contrary to Section 12 (4), a document shall not be handed over or shall not be handed over

16.

, contrary to Section 12 (5) sentence 2, information is not provided, not correct, not complete or not in good time,

17.

an enforceable order in accordance with § 13 sentence 2, or

18.

of a directly applicable provision in European Community legislation on shipments of waste which

a)

States that a shipment may only take place for as long as the consents of all competent authorities are valid, or that the export or import of waste is prohibited,

b)

Determines that waste may not be mixed with other waste during shipment, or

c)

corresponds to the content of a case referred to in points 2 to 5, 7 to 10, 16 or 17;

in so far as a legal regulation referred to in paragraph 5 refers to this fine for a specific case.

(3) In the case of paragraph 1 (18) (a), the administrative offence may be punishable by a fine of up to one hundred thousand euros, in the cases referred to in paragraph 1 (1), (6), 10, 17 and 18 (b) with a fine of up to fifty thousand euros and in the other cases punishable by a fine of up to twenty thousand euros. (4) Administrative authority within the meaning of Section 36 (1) (1) of the Law on Administrative Offences the Federal Office for the Transport of Goods in the case of transport of waste is on the road, to the extent that (5) As far as the enforcement of the acts of the European Union is concerned, an infringement is committed in a company which has neither its registered office nor a business establishment in the country. (5) The Federal Ministry for the Environment, Nature Conservation and Nuclear Safety is authorized to designate, by means of a regulation without the consent of the Federal Council, the facts which are deemed to be an administrative offence pursuant to paragraph 1 (1). can be punished. Unofficial table of contents

Section 19 confiscation

If an administrative offence has been committed in accordance with Section 18 (1), then

1.

goods to which the administrative offence relates, or

2.

articles which have been or have been used for the purpose of their commission or preparation,

be drafted. § 23 of the Law on Administrative Offences shall apply. Unofficial table of contents

Section 20 Rules on administrative procedures

It is not possible to deviate from the provisions of the administrative procedure laid down in this Act and under this Act by the law of the country.