Law On The Implementation Of Regulation (Ec) No 1013/2006 Of The European Parliament And Of The Council Of 14 June 2006 On Shipments Of Waste 1) And The Basel Convention Of 22 March 1989 On The Control Of Cross-Border...

Original Language Title: Gesetz zur Ausführung der Verordnung (EG) Nr. 1013/2006 des Europäischen Parlaments und des Rates vom 14. Juni 2006 über die Verbringung von Abfällen 1) und des Basler Übereinkommens vom 22. März 1989 über die Kontrolle der grenzüberschreitend...

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Read the untranslated law here: http://www.gesetze-im-internet.de/abfverbrg_2007/BJNR146210007.html

Law on the implementation of Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste 1) and the Basel Convention of 22 March 1989 on the control of transboundary movements of hazardous wastes and their disposal (2) waste shipment law - AbfVerbrG) AbfVerbrG Ausfertigung date: 19.07.2007 full quotation: "waste shipment law of July 19, 2007 (BGBl. I S. 1462), most recently by article 2 paragraph 53 and article 4 paragraph 34 of the Act of August 7, 2013 (BGBl. I)" S. 3154) has been modified "stand: last amended by article 2 paragraph 53 and art. 4 para 34 G v. 7.8.2013 I 3154 for details on the stand number found in 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 EU no. L 190, p. 1) in the currently valid version.
(2) Basel Convention of 22 March 1989 on the control of transboundary movements of hazardous wastes and their disposal (BGBl. 1994 II p. 2703), amended by decisions of 22 September 1995 and from 27 February 1998 (BGBl. 2002 II p. 89), from 9 to 13 December 2003 (BGBl. 2003 II p. 1626) and from 25 to 29 October 2004 (BGBl. 2005 II p. 1122) , in the applicable version.
Footnote (+++ text detection from: 28.7.2007 +++) the G article 1 d. G v. 19.7.2007 I in 1462 by the German Bundestag, with the consent of the Federal Council adopted. It is accordance with its article 9 paragraph 1 sentence 1 of the 28.7.2007 entered into force.

§ 1 scope this law shall apply to: 1. shipments of waste into, from or through the Federal territory, 2. shipments of waste between locations in the Federal territory, which is associated with a transit through other countries, shipments of waste for which notification is a 3rd German competent authority in accordance with article 15 letter f is no. ii of Regulation (EC) 1013/2006 as the original competent authority in the initial country of dispatch to take part No. , and 4. the for recovery associated with the movement or disposal.

§ 2 principle of self-sufficiency (1) waste should be spent from the Federal territory and intended to eliminate, the elimination in domestic has precedence over the removal from abroad. Unless a disposal of waste abroad according to set no. 1013/2006 May 1 and the provisions of Regulation (EC), the elimination in a Member State of the European Union will take precedence over the removal in another State.
(2) paragraph 1 applies in the version of article 3 paragraph 5 of Regulation (EC) No 1013/2006 according to mixed municipal waste (waste entry 20 03 01), which are collected in private households, although with such waste from other producers have been collected with.

Article 3 provisions in the procedure of prior written notification and consent, which concern the authorities (1) the competent authority may authorise that financial guarantee or equivalent insurance referred to in article 4 paragraph 2 No. 5 and article 6 of Regulation (EC) No 1013/2006 or, unless the competent authority permits this, evidence of this financial guarantee or equivalent insurance at the latest together with the previous release of the actual commencement of the shipment in accordance with article 16 of Regulation (EC) No. 1013/2006 presented.
(2) where a shipment through the Federal territory, which is also a transit through the community, by the competent authority of dispatch or destination 1, no financial guarantee or equivalent insurance were set, the Federal Environment Agency sets the financial guarantee or equivalent insurance in accordance with article 6 of Regulation (EC) No. 1013/2006 including form, wording and contribution margin, 2. financial guarantee or equivalent insurance established , can the Federal Environmental Agency examine the contribution margin and no. 1013/2006 set, if necessary, additional financial guarantee or equivalent insurance in accordance with article 6 of Regulation (EC).
(3) the competent authorities may in accordance with article 4 paragraph 2 No. 3 in conjunction with annex II, part 3 No. 14 of Regulation (EC) No 1013/2006 other information request which are relevant and necessary for the assessment of a notification.
(4) the competent authority should a shipment pursuant to article 11 paragraph 1 letter c or article 12 para 1 letter d of Regulation (EC) No. 1013/2006 from no longer reject reasons arising from a final judgment, when the deadline for the repayment of the corresponding entry in the central register of the Federal has expired at the time of the official decision 1 in the case of conviction for an offence , 2. in other cases more than five years have elapsed since the judgement.

Article 4 obligations of the other parties in the procedure of prior written notification and consent (1) the notifier shall has in accordance with article 10 paragraph 1 or 2, also in connection with article 35 paragraph 1, article 37 para 2 of subpara. 2, article 37 paragraph 5, article 38 par. 1, article 40 par. 3, article 42 paragraph 1, article 44 para 1, article 45, article 46 paragraph 1, article 47 or article 48 of Regulation (EC) No. 1013/2006 laid down regulations concerning him, to meet and to ensure that the receiver and the operator complies with the regulations concerning these and that the carrier meets the requirements for the transport of waste.
(2) in the case of shipments, by articles 4 to 17, also in connection with article 35 paragraph 1, article 37 para 2 of subpara. 2, article 37 paragraph 5, article 38 par. 1, article 40 paragraph 3, article 42 paragraph 1, article 44 paragraph 1, article 47 or article 48, Regulation (EC) No 1013/2006 be captured, 1 has para 1, article 45, article 46 of the notifier to ensure that the movement document, as well as copies of the notification document, which granted by the concerned authorities written consents and contain the corresponding requirements , with, 2. has led to the carrier the accompanying form appropriate places under no. 1013/2006 to fill out Annex IC of Regulation (EC) to sign it during the transfer of the waste handed over to it, if necessary, an additional carrier or the recipient of the transfer of waste and to keep a copy of it yourself. While the obligation for carrying and delivery is also the person performing the transport immediately, and 3 has the receiver, if he is not the operator of the facility which receives the waste to fill out the accompanying form in the appropriate places, to sign it during the transfer of the waste, handed it to the operators of the facility which receives the waste transfer of waste and to keep a copy of it yourself.
The electronic carrying, transmission, filling in and signing para 2 applies to article 26 letter c, paragraph 3 and 4 of Regulation (EC) No 1013/2006 according to.
(3) the carrier (3) has the export Customs Office referred to in article 35 letter c, also in conjunction with article 37 para 2 of subpara. 2 and article 37, paragraph 5, and article 38 par. 3 point (b) of Regulation (EC) No. 1013/2006 a copy of the movement document at submission of the customs declaration to be submitted. The carrier has the Customs Office referred to in article 35 paragraph 3 letter c, also in conjunction with article 37 para 2 of subpara. 2 and article 37 paragraph 5, and article 38 paragraph 3 article 47, point (b), the Customs Office referred to in article 42 and article 48 paragraph 3 letter c, also in conjunction with article 44 paragraph 3 and article 45, as well as article 47 and article 48 of Regulation (EC) No. 1013/2006 a copy of the movement document to present when the waste at the Customs Office are presented.
(4) the operator of a facility which receives the waste has to check the waste and the accompanying form immediately. If this examination reveals that the waste no. 1013/2006 are not the accompanying form, or the contract referred to in article 5 of Regulation (EC), the operator is immediately to inform the competent authority in accordance with article 14, paragraph 1, sentence 1.
(5) the system operator has the recovery or disposal of waste in accordance with article 9 paragraph 7, also in conjunction with article 40 paragraph 3, article 42 paragraph 1, article 44 paragraph 1, article 45 and article 46 paragraph 1, of Regulation (EC) No. 1013/2006 within the stated period to complete.
(6) the notifier has the competent authority, if its consent to a general notification pursuant to article 13 paragraph 3, also in connection with article 35 paragraph 1, article 37 para 2 of subpara. 2, article 37 paragraph 5, article 38 par. 1, article 40 par. 3, article 42 paragraph 1, article 44 para 1, article 45, article 46 para 1, article 47 or 48, of Regulation (EC) No. 1013 / 2006 of the later submission of additional information and documents in accordance with article 4 para 2 Nos. 2 and 3 of Regulation (EC) No. 1013/2006 subject has made , at times that are set by the authority, to submit such information and documents.

§ 5 obligations within the framework of the General information requirements (1) for shipments, by article 18, in conjunction with article 37 paragraph 3, article 38 par. 1, article 40 par. 3, article 42 paragraph 1, article 44 para 1, article 45, article 46 paragraph 1, article 47 or article 48 of Regulation (EC) No. 1013/2006 are captured, 1 the person has , which prompted the movement in annex VII to Regulation (EC) No. of 1013/2006 included document as far as possible to fill it, 2.
the carrier has to fill that in annex VII to Regulation (EC) No. of 1013/2006 included document in the areas relating to him, to sign it during the transfer of the waste, to carry it and surrender it if necessary, an additional carrier or the recipient of the transfer of waste; While the obligation for carrying and delivery is also the person performing the transport immediately, 3. stock no. of 1013/2006 included document the recipient, insofar as he is not operator of the recovery facility or of the laboratories in annex VII to Regulation (EC) after signing in accordance with article 18 paragraph 1 point (b) of Regulation (EC) No. 1013/2006 the operators of the recovery facility or laboratory at the transfer of waste to hand over , and 4 the person who arranges the shipment and the receiver prior to a shipment have a contract referred to in article 18 para 2 of subpara. 1 of Regulation (EC) 1013/2006 to close no. and at least three years from the date of commencement of the movement to keep it; except are hazardous waste under article 3 paragraph 4 of Regulation (EC) No. 1013/2006 (2) the operator of a facility which receives the waste, must the waste and any document to consider, that no. 1013/2006 is contained in annex VII to Regulation (EC). If this examination reveals that the waste not the accompanying document or the contract referred to in article 18 para 2 of subpara. 1 of Regulation (EC) No. 1013/2006 match, has the operator immediately to inform the competent authority in accordance with article 14, paragraph 1, sentence 1.
(3) the operator of a laboratory that receives the waste has immediately to check the waste and any document is no. 1013/2006 contained in annex VII to Regulation (EC). If this examination reveals that the waste are not the accompanying document or the amount of waste that exceeds amount, that paragraph 4 of Regulation (EC) No. is 1013/2006 allowed pursuant to article 3, the operator is immediately to inform the competent authority in accordance with article 14, paragraph 1, sentence 1.
(4) the electronic carrying, filling in and signing paragraph 3 of Regulation (EC) applies to article 26 No. 1013/2006 with regard to paragraph 1 No. 1, 2 and 3.

§ 6 regulation appropriations is the Federal Government authorized by Decree 1 with the consent of the Federal Council legislation to enact the basic agreements on the implementation of Regulation (EC) No. 1013/2006, that meetings of the contact points referred to in article 57 of Regulation (EC) No. 1013/2006 have been adopted, 2. with the consent of the Federal Council agreement after article 30 of Regulation (EC) No. 1013/2006 to implement , that within the framework of the objectives of this regulation are, and 3. without the consent of the Federal Council after consultation of the interested parties referred to in article 36 (3) of Regulation (EC) No. 1013/2006 regulations to adopt over the exemptions from the export ban on certain wastes listed in annex V.

§ 7 fees and expenses (1) the competent authorities may raise for the following individually attributable public services to cover administrative overhead charges and expenses: 1. implementing the notification and supervision procedure referred to in article 29 of Regulation (EC) No 1013/2006, 2. execution of analyses and checks referred to in article 29 of Regulation (EC) No 1013/2006, including the collection and analysis of samples , and 3 orders according to § 13 (2) the person who owes fees and expenses, is 1 for the removal and examination of samples in addition to the notifier of the carrier or the person who arranges the shipment of waste, which no. 1013/2006 are subject to the General information requirements referred to in article 18 of Regulation (EC), and 2. for orders according to § 13 hired that person.
(3) the Federal Government is empowered to determine the chargeable offences, the rates and the reimbursement of expenses in relation to the federal authorities referred to in article 11, paragraph 2, sentence 2 and § 14 para 4 by Decree without the consent of the Federal Council for individually attributable public services referred to in paragraph 1. When determining the fees is the overhead associated with the performance to take into account, which in particular depends on the quantity and hazardousness of waste of that should be spent. The fee is at least 50 euros; She shall not exceed EUR 6 000 in each case.
(4) through special fees regulation of the Federal Ministry for environment, nature conservation and nuclear safety, according to section 22, paragraph 4, of the German fees Act, the Gebührenschuldnerschaft can be adjusted for the area of the Federal Administration, by way of derogation from federal fees law.

§ 8 supplementary provisions to the take-back obligations (1) insofar as such a redemption obligation pursuant to article 22 para 2 of subpara. 1 or par. 3 of subpara. 1 or article 24 para 2 1013/2006 a competent authority in the Federal territory meets No. letter c, d, or e of Regulation (EC), the fulfilment of the obligation is the country in which the shipment has begun. As far as authorities in several countries were responsible, the affected countries have to designate a competent authority. Where no competent authority determine or identify in time can, that deadline can be accommodated the take-back obligation, the obligation is the country that is responsible for successive assignment of these cases to the alphabetically ordered list of country names next. The countries can transfer the fulfilment of the obligation of a common facility.
(2) as far as is obligation to the acquisition costs of the withdrawal referred to in article 23 or 25 of Regulation (EC) No. 1013/2006 waste which should be moved from the Federal territory or, this obligation is also the person who has led a movement, conveys or performed or was involved in any other way, and the producer of the waste. Notwithstanding sentence 1, this obligation does not 1 meets the producer of the waste if he can demonstrate that he has acted properly in giving the waste to a third person in the domestic and in the shipment is not complicit, and 2. as far as this is limited facilities or exchanges of self-government bodies or associations of the economy, which helped broker the waste for recovery, on the exchange of addresses of published offers and requests.
Those who are committed to the acquisition costs for the withdrawal are obliged according to the principles of the total debt to compensate for each other.
(3) the chargeable person referred to in article 23 or 25 of Regulation (EC) has the costs incurred by the competent authorities relating to the repossession and recovery or disposal or recovery or disposal otherwise, to wear no. 1013/2006 in conjunction with paragraph 2. It can be determined that the estimated costs incurred in connection with redemption or the recovery or disposal in some other way in advance to pay the chargeable person has.
(4) as far as a paid person in accordance with article 23 or 25 of Regulation (EC) No. 1013/2006 in connection with paragraph 2 unused can be taken, is the country in which the pursuant to paragraph 1 of sentence 1 to 3 competent authority is, the cost of the withdrawal or the recovery or disposal otherwise, less of the causative and costs filed other subject to reimbursement third persons to the authorities referred to in paragraph 1. For cases fulfilling the take-back obligation through a joint body referred to in paragraph 1, the countries may agree to set 4 an apportionment of costs.
(5) opposition and for annulment against decisions concerning the repatriation of waste or the fixing of costs pursuant to paragraph 3 have no suspensive effect.

§ 9 data collection and use practices (1) for the following personal data may be imposed: 1 control of shipments of waste and recovery related or elimination, 2. combating illegal shipments, 3. fulfilment of the obligations to the competent authorities of other States, the Secretariat of the Basel Convention and the Commission, 4 carrying waste economic planning, as far as it transfers out of or the Federal territory are included.
The name and the address, birth date and place, telephone - and fax numbers, E-Mail addresses and the area of waste shipments are concerned insurance of persons involved in shipments of waste and the related recovery or disposal, and raise their involved in these enterprises, including the producers and operators of plants, as far as this is necessary for carrying out the tasks referred to in sentence 1 may following authorities : 1. the focal point according to § 15, the authorities responsible for the waste management according to federal or state law, which by regulation with public service tasks of waste management commissioned carrier, the top state environmental authorities, the establishment of joint after § 8 paragraph 1 sentence 4, 2. the authorities of the customs administration, 3. the competent police authorities, including the Federal Criminal Police Office and the State police offices, 4. the Federal Office for goods transport, the Federal Office of Economics and export control (BAFA) , the Federal Office of consumer protection and food safety, the Federal Agency for agriculture and food, and the Foreign Ministry.
(2) in this Act and in the regulations of the Federal and State Governments nothing more unless otherwise provided, personally identifiable data only for the persons concerned may be levied. Without their participation it may be levied only, if it is to complete the set 1 required tasks in paragraph 1 and the conditions laid down in § 4 para 2 sentence 2 of the German Federal data protection act or corresponding conditions are complied after the State data protection law.
(3) which in paragraph 1 sentence 2 mentioned point the collected data to the other in paragraph 1 must set 2 mentioned point and send the federal ministries of finance, of the Interior, for economy and technology, for transport, building and urban development, for food, agriculture and consumer protection, for environment, nature conservation and nuclear safety and the Federal Environmental Agency, as far as this to comply with paragraph 1 sentence 1 tasks required is in. Personal data, which referred in paragraph 4 of the or other foreign bodies delivered have been are, may be transmitted to the authorities referred to in sentence 1, as far as this to comply with paragraph 1 sentence 1 tasks required is in. After paragraph 1 sentence 2 collected data and personal data, which in paragraph 4 referred to or other foreign institutions sent been are, may be submitted to courts and law enforcement agencies unless they have requested in writing as far as from the perspective of the transmitting authorities actual evidence, that the knowledge of the data for the prosecution of criminal offences or administrative offences is required.
(4) if the focal points and the waste management authorities in other States, the Secretariat of the Basel Convention and the Commission in writing that pursuant to paragraph 1 asked set 2 data collected and justified, why they need it, the data may be forwarded to them, insofar as the knowledge of the data for the fulfilment of the tasks referred to in paragraph 1 sentence 1 No. 1 to 3 is required.
(5) the third party data referred to in paragraph 3 and 4 have been delivered, may use the data only for the task for which they have been submitted to you. In addition, a use is permitted only insofar as it is necessary to ward off considerable disadvantages for the common good or an otherwise imminent danger to public safety or to the prosecution of criminal offences and administrative offences. The transmitting authority has to indicate the third person in the cases of paragraph 4 on it.

§ 10 marking of vehicles (1) carriers and persons performing the transport immediately have warning signs by at least 40 centimeters wide and at least 30 centimetres to provide height white vehicles with which they transport waste on public roads, before starting the trip with two rectangular, reflecting that. The warning signs must be in black color labeled "A" (letter height 20 cm, font weight 2 centimeter) bear. The warning signs must be visibly attached on the outside of the vehicle during the transport, and front and rear. On trains, it must be attached to the rear panel on the back of the trailer.
(2) paragraph 1 does not apply to vehicles that waste within the framework of economic enterprises, that is to say, promoted on the occasion of an otherwise commercial or economic activity of that is not in line to the carriage of waste.
(3) the Federal Government is authorized to allow exemptions from the labelling obligation referred to in paragraph 1 in a legal regulation according to § 53 paragraph 6 or § 54 paragraph 7 of the law of circulation management.

The competent authorities of the country inspections section 11 (1) 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 312 of November 22, 2008, p. 3, L 127 of 26.5.2009, p. 24) inspections of establishments and undertakings in accordance with article 50 paragraph 2 of Regulation (EC) No. 1013 / 2006 by.
(2) the competent authorities in accordance with article 14, paragraph 1 and 2 sentence 1 check random shipments of waste and the related recovery or disposal pursuant to article 50 para. 2 and 4 of Regulation (EC) No 1013/2006. The Federal Ministry of finance and the Customs Department given by him, as well as the Federal Office for goods transport contribute to the control of shipments of waste within the framework of its existing tasks. The customs service and the Federal Office for goods transport work together within their means with the authorities of the country.
(3) suspected of being a breach of provisions of Regulation (EC) No 1013/2006 or this law, in particular the suspicions of an illegal shipment, the authorities referred to in paragraphs 1 and 2 shall inform the authority, which is responsible for the area in which the control was carried, and 1 in the case of shipment in the Federal territory the competent authority of destination in accordance with article 14, paragraph 1, sentence 1 , 2. in the case of shipments from Germany the competent authority of dispatch in accordance with § 14 para 1 sentence 2 or 3 in the case of shipment by the Federal territory transit authority pursuant to § 14 para 4 without delay in writing about the suspected and the reasons for it.
(4) after the land authority, which is responsible for the area in which the control was carried out, has been informed in accordance with paragraph 3 and considers the suspicion and the reasons for it as valid, at the cost and risk of the designated person making sure that arrangements for the safe storage are taken up to 1 the competent authority of dispatch in the case of article 24 para 2 of subpara. 1 of Regulation (EC) No 1013/2006, 2. the competent authority of the place of destination in the case of article 24 para 3 of subpara. 1 of Regulation (EC) No 1013/2006, or 3. the authorities referred to in paragraphs 1 and 2 together in the case of article 24 paragraph 5 of Regulation (EC) No. 1013/2006 otherwise decided or have, and their decision has notified you in writing or have.
(5) in the case of paragraph 3, and in the case of a discovery referred to in article 22 paragraph 9, article 24 paragraph 7, article 35 paragraph 6, in conjunction with article 37 para 2 of subpara. 2 and article 37 paragraph 5, article 38 paragraph 7, article 42 paragraph 5, also in connection with article 45, article 47 and article 48, paragraph 1, and article 44 paragraph 5, in conjunction with article 48 paragraph 2, Regulation (EC) No. 1013/2006 the authorities referred to in paragraphs 1 and 2 may waste as well as their transport and packaging at cost and risk of the designated person to remedy the deficiencies or to the safe storage make sure.
(6) paragraphs 3 and 4 let the article 22 paragraph 9, article 24 para 2 of subpara. 2, para 3 of subpara. 2 and paragraph 7, article 35 paragraph 6, in conjunction with article 37 para 2 of subpara. 2 and article 37 paragraph 5, article 38 paragraph 7, article 42 paragraph 5, also in connection with article 45, article 47 and article 48 para 1 and article 44 para 5, also in conjunction with article 48 para. 2, of Regulation (EC) No 1013/2006 is unaffected.

Article 12 measures to control (1) in particular, the competent authorities in accordance with article 14, paragraph 1, 2 and 4 work bilaterally or multilaterally in preventing and identifying illegal shipments with the competent authorities of other States in accordance with article 50 paragraph 5 of Regulation (EC) No. 1013 / 2006 together.
(2) the implementation of enforcement measures at the request of another Member State in accordance with article 50 paragraph 7 of Regulation (EC) No. 1013/2006 in particular the competent land authorities and the federal authorities referred to in article 11, paragraph 2, sentence 2 are responsible for.
(3) section 47 of the circulatory economic law is to apply. In particular the competent authority can also samples of transported waste and examine and inspect in 1.
the accompanying form and copies of the notification document containing the written consents issued by the authorities concerned as well as the appropriate requirements, and 2. in annex VII to Regulation (EC) No. of 1013/2006 included document.
(4) upon request, has handed over to the authorities responsible for the control: 1. the notifier in paragraph 3 sentence 2 referred to in no. 1 documents, 2. the person who arranges the shipment in paragraph 3 sentence 2 documents referred to in no. 2 and 3 of the carrier, the person performing the transport immediately, the receiver and the operators of the facility which receives the waste , which in paragraph 3 sentence 2 Nos. 1 and 2 documents referred to.
(5) the competent authorities for the purpose of monitoring and enforcement can which in article 18 paragraph 1 of Regulation (EC) No. 1013/2006 referred to request information about shipments by article 18, in conjunction with article 37, paragraph 3, article 38 par. 1, article 40 par. 3, article 42 para 1, article 44 paragraph 1, article 45 or article 46 paragraph 1 , Regulation (EC) No. 1013/2006 recorded. The person who arranges the shipment, the recipient and the operators of the facility which receives the waste, have the competent authority on request at times that are set by the authority, to submit the information referred to in sentence 1.

§ 13 orders in individual cases
The competent authority may, in certain cases, the necessary arrangements for the implementation of Regulation (EC) No. 1013/2006, meet other directly applicable provisions in legislative acts of the European Community on the shipment of waste, this Act and the regulations adopted on the basis of this Act. She can in particular provisions to fulfil the take-back obligation pursuant to article 22 or 24, also in connection with article 35 paragraph 1, article 37 para 2 of subpara. 2, article 37 par. 3, article 37 paragraph 5, article 38 par. 1, article 40 par. 3, article 42 paragraph 1, article 44 paragraph 1, article 45 or article 46 paragraph 1 of Regulation (EC) No. 1013 / 2006 and to ensure in accordance with article 22 paragraph 9, article 24 paragraph 7, article 35 paragraph 6, in conjunction with article 37 para 2 of subpara. 2 and article 37 paragraph 5, article 38 paragraph 7, article 42 paragraph 5, in conjunction with article 45, article of 47 and 48, paragraph 1, and article 44 para 5, also in conjunction with article 48 para. 2, of Regulation (EC) No 1013/2006, as well as in accordance with § 11 ABS. 5 meet.

§ 14 the competent authorities (1) for measures relating to shipments of waste in the Federal territory and the related recovery or disposal, including the requirements that the competent authority of destination in accordance with Regulation (EC) No 1013/2006 apply, is the authority of the Member State responsible, where the waste should be exploited for the first time or removed or be. The authority of the Member State is responsible for measures relating to shipments of waste from the Federal territory and the related recovery or disposal, including obligations no 1013/2006 shall apply to the competent authority of dispatch in accordance with Regulation (EC), in which the shipment of the waste should begin or begins.
(2) in addition to paragraph 1, the authorities of the country in whose territory the waste are are empowered to control shipments of waste into, from or through the Federal territory. The federal authorities referred to in article 11, paragraph 2, sentence 2 are authorised.
(3) for the area concerned competent authority referred to in article 22 paragraph 9 of Regulation (EC) No 1013/2006 is discovered the land authority, which is responsible for the area in which the shipment may not be completed. The authority responsible for the area concerned in accordance with article 24 paragraph 7 of Regulation (EC) No 1013/2006 and the competent authority in the country of the Customs Office referred to in article 35 paragraph 6, in conjunction with article 37 para 2 of subpara. 2 and article 37 paragraph 5, article 38 paragraph 7, article 42 paragraph 5, also in connection with article 45, article 47 and article 48 para 1 and article 44 paragraph 5, also in conjunction with article 48 paragraph 2, Regulation (EC) No 1013/2006 is the national authority that is responsible for the area in which the illegal shipment was discovered.
(4) for the decision on shipments of waste, which should be made by the Federal territory or be carried out, and the related recovery or disposal, which are subject to the procedure of prior written notification and consent, the Federal Environmental Agency is responsible. The Federal Environmental Agency is responsible for other duties that apply to the authorities, which are the transit authorities in accordance with Regulation (EC) No 1013/2006.

Article 15 point (1) the Federal Environmental Agency is focal point within the meaning of article 5 No. 1 of the Basel Convention and within the meaning of article 54 of Regulation (EC) in this Act of Federal referred to and State authorities exchange no. 1013/2006 (2) information in accordance with § 9 of the focal point of illegal shipments and shipments, which are not as intended to be completed, as well as ongoing investigations and criminal proceedings. The focal point takes requests that relate to foreign countries, and forwards it to the competent authorities.
(3) the focal point sets information that are relevant for the shipment of waste on their Web site. It remains unaffected, that the competent authorities of dispatch and destination in accordance with article 21 of Regulation (EC) can make publicly available no. 1013/2006 information about the notifications of shipments, which she agrees to.
(4) the focal point shall inform the Commission of the names and relevant information referred to in article 50 paragraph 6 and article 56 para 1 letter a and b in connection with para 2 to 4 of Regulation (EC) No 1013/2006.

Section 16 is responsible the federal environmental agency reports and submission of information (1) for the transmission of information pursuant to article 13 of the Basel Convention to the Secretariat of the Basel Convention. On request the countries shall submit the information required pursuant to article 13 of the Basel Convention the Federal Environment Agency in a timely manner electronically. In particular the includes information for the production of the report referred to in article 13 para 3 of the Basel Convention, in particular the information in the notification document. The Federal Environmental Agency provided the Commission with a copy of this report in accordance with article 51 paragraph 1 of Regulation (EC) No. 1013/2006 (2) for the preparation of the report referred to in article 51 paragraph 2 of Regulation (EC) No 1013/2006 and the transmission to the Commission, the German Federal Environmental Agency is responsible. On request the countries, the Federal Ministry of finance and the Federal Office for goods transport pass the information, that no. 1013/2006 are required to produce this report in accordance with annex IX of Regulation (EC) the Federal Environment Agency in a timely manner electronically.

Section 17 customs authorities the Federal Ministry for environment, nature conservation and nuclear safety are in agreement with the Federal Ministry of finance in accordance with article 55 of Regulation (EC) No 1013/2006 the Customs authorities of the Federal Republic of Germany notified the waste when entering or leaving the European Community may be moved.

§ 18 is fine provisions (1) any person who intentionally or negligently 1 violates article 4, par. 1 an executable Edition not, not, not fully or not timely met or not makes sure that a person there named meets such a pad, 2. contrary to § 4 paragraph 2 sentence 1 No. 1 does not ensure that a there called surface runs, 3. contrary to article 4, paragraph 2, sentence 1 not or not timely provide the movement document No. 2 or 3 , 4. contrary to § 4 para 3 a surface not or not timely submit, 5. contrary to section 4, paragraph 4, sentence 2 or § 5 para 2 sentence 2 or paragraph 3 the competent authority does not or not timely informed set 2, 6 contrary to § 4 paragraph 5 a recovery or disposal not or not timely complete, 7 contrary to § 4 paragraph 6 an information or document not , incorrectly, incompletely or not timely submitted, 8 contrary to § 5 paragraph 1 do not, not properly or not fully carries the document there number 2 or number 3 or not or not timely issued, 9 contrary to § 5 paragraph 1 do not, not properly or in a timely manner a contract No. 4, 10 a legal regulation according to § 6 is contrary to 1 or 2 , as far as them for a specific offence on this fine provision refers, 11 contrary to article 10, paragraph 1, sentence 1 a vehicle not, not properly, 12 contrary to section 12 paragraph 3 sentence 1 in conjunction with § 47 paragraph 3 sentence 1 of the circulatory economic law provides incomplete or not in time with warning signs, information not, incorrectly, incompletely or not timely issued 13 contrary to section 12 paragraph 3 sentence 1 in conjunction with article 47, paragraph 3, sentence 2 or sentence 3 of the circulatory economic law, entering a plot or a residential, commercial or operating room, which does not allow insight in a document or making a technical investigation or examination, provides 14 contrary to section 12 paragraph 3 sentence 1 in conjunction with section 47, paragraph 4, of the law of circulation management workers, tools or documents not available, 15 contrary to section 12 paragraph 4 a surface not or not timely issued, 16 contrary to article 12, paragraph 5, sentence 2 information not , incorrectly, incompletely or not timely submitted, 17 an enforceable order according to § 13 set 2 contravenes or violates 18 a directly applicable provision in legislation of the European Community on the shipment of waste, the a) determines that a shipment may be only 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 not shall be mixed throughout the shipment with other wastes, or c) content one in number 2 to 5, 7 to 10, 16 or 17 designated offence corresponds to, as far as a legal regulation under paragraph 5 for a certain offence refers to this fine provision.
(2) an offence referred to in paragraph 1 attempt No. 18 2(a) may be punished.
(3) the offence can no. 18 in the case of paragraph 1 letter a with a fine up to one hundred thousand euros, in cases of paragraph 1 No. 1, 6, 10, 17 and 18 letter b with a fine of up to fifty thousand euro and in other cases a fine punishable up to twenty thousand euro.
(4) administrative authority no. 1 of the code of administrative offences is the Federal Office for freight transports of waste on the road in the sense of § 36 para 1, insofar as the infringement in a company is committed, that has neither established nor a business establishment in the country, and as far as the person concerned in the country does not reside.
(5) insofar as this is necessary for the enforcement of the legal acts of the European Community, the Federal Ministry for environment, nature conservation and nuclear safety is entitled to refer to the facts, which can be punished as a misdemeanor pursuant to paragraph 1 No. 18 by Decree without the consent of the Federal Council.

§ 19 confiscation has been, committed a misdemeanor according to § 18 para 1 to 1 items to which the offence relates, can or 2. objects which were used to commit or prepare or have been determined to be indented. section 23 of the code of administrative offences is to be applied.

§ May not be derogated from 20 provisions to the administrative procedures of the rules and regulations of the administrative procedure under this Act and on the basis of this Act shall by law of the land.