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

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AbfVerbrG

Date of delivery: 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) "

:Last modified by Art. 2 para. 53 u. Art. 4 para. 34 G v. 7.8.2013 I 3154

For details, see the 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 136, 31.7.2006, p EU No 1), as amended.
2)
Basle Convention of 22 December 2000, p. March 1989 on the control of transboundary movements of hazardous waste and its disposal (BGBl. 2703), as amended by decisions of 22 June 1994. 27 September 1995 and 27 September 1995 February 1998 (BGBl. 89), of the 9. up to 13. December 2003 (BGBl. 1626) and of 25. up to 29. October 2004 (BGBl. 2005 II p. 1122), in the current version.

Footnote

(+ + + Text evidence from: 28.7.2007 + + +)

The G was as Art. 1 d. G v. 19.7.2007 I 1462 passed by 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. Non-official table of contents

§ 1 Scope

This law applies to:
1.
the shipment of waste to, from or through the federal territory,
2.
the shipment of waste between places in the federal territory that is connected with transit through other states
3.
the shipment of waste at the notification of which a German competent authority referred to in Article 15 (f) (ii) of Regulation (EC) No 1013/2006 as the original competent authority authority in the original shipping state, and
4.
the recovery or disposal associated with the shipment.
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§ 2 Principle of self-sufficiency

(1) In the case of waste to be shipped from the Federal Republic of Germany and intended for disposal , the elimination of domestic products shall take precedence over the removal of the goods 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.(2) Paragraph 1 shall apply, pursuant to 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 not covered by other waste Producers who have been collected. Non-tampering table of contents

§ 3 Provisions in the procedure of prior written notification and consent that affect 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 such Security services or equivalent insurance shall 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) Insofar as a shipment through the territory of the Federal Republic, which is at the same time a transit through the Community, by the competent authority at the place of dispatch or at the place of destination, style="font-weight:normal; font-style:normal; text-decoration:none; ">
1.
no security services or equivalent insurance are set, the Federal Environment Agency, the security services or equivalent insurance referred to in Article 6 of Regulation (EC) No 1013/2006, including the form, wording and contribution margin,
2.
The Federal Environment Agency can review the contribution fee and, if necessary, additional security services or equivalent insurance. The competent authorities may, in accordance with Article 4 (2) (3) in conjunction with Annex II, Part 3, point 14 of Regulation (EC) No 1013/2006, establish the security benefits or equivalent insurance provided for in Article 6 of Regulation (EC) No 1013/2006
No 1013/2006 require any 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 at the time of the decision of the authorities
1.
in the case of a conviction for an offence, the time limit for the repayment of the corresponding registration in the Federal Central Register has expired,
2.
in other cases since the judgment of the judgment more than five years have passed.
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§ 4 obligations of the other participants in the procedure of prior written notification and consent

(1) The Notifier shall have the subparagraphs referred to in Article 10 (1) or (2), also in conjunction with Article 35 (1), Article 37 (2). 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, obligations laid down in Regulation (EC) No 1013/2006, which relate to it, and ensure that the consignee and the operator of the installation comply with the conditions relating to them and that the carrier fulfils the requirements for the transport of the waste.(2) For shipments referred to in Articles 4 to 17, including in conjunction with Article 35 (1), Article 37 (2) subs. (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, of Regulation (EC) No 1013/2006,
1.
has the notifier to ensure that the accompanying form and copies of the Notification forms containing the written consent issued by the authorities concerned, as well as the relevant conditions, shall be carried out,
2.
to fill in the accompanying form at the appropriate points in accordance with Annex IC to Regulation (EC) No 1013/2006, to sign it when taking over the waste concerned, and, where appropriate, to a further carrier or to the recipient on handing over the waste and keeping a copy of it itself, where the obligation to carry out and carry out the shipment also applies to the person directly carrying out the transport, and
3.
has the recipient, as far as he is not the operator of the facility, who receives the waste to fill out the accompanying form at the appropriate places, it has to do so when taking over the relevant refuse to sign it, hand it out to the operator of the plant which receives the waste when the waste is transferred and to keep a copy of it itself.
For electronic control, transmission, filling and signing, the following shall apply: Article 26 (2) (c), (3) and (4) of Regulation (EC) No 1013/2006 accordingly.3. The carrier shall have the customs office of export referred to in Article 35 (3) (c), including 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 have the customs office of exit referred to in Article 35 (3) (c), including in conjunction with the second subparagraph of Article 37 (2). 2 and Article 37 (5), as well as Article 38 (3) (b), Article 47 and Article 48 and the office of entry referred to in Article 42 (3) (c), also in conjunction with Article 44 (3) and Article 45, and Articles 47 and 48 of the Regulation (EC) No 1013/2006, provide a copy of the accompanying document when the waste is presented at the customs office.(4) The operator of an installation receiving the waste shall immediately check the waste and 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 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 time limit referred to therein.(6) The notifier shall have the competent authority, if the competent authority has given its consent to a general notification in accordance with Article 13 (3), including in conjunction with Article 35 (1), Article 37 (2). (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, of Regulation (EC) No 1013/2006, from the subsequent submission of additional information and The documents referred to in Article 4 (2) (2) and (3) of Regulation (EC) No 1013/2006 shall be subject to the transmission of such information and documents by the Authority at times specified by the Authority. Non-official table of contents

§ 5 Obligations under the general information requirements

(1) For shipments referred to in Article 18, also in Connection 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,
1.
has the person who causes the shipment, which is listed in Annex VII to Regulation (EC) No 1013/2006 as far as possible,
2.
, the carrier has the document contained in Annex VII to Regulation (EC) No 1013/2006 to the document concerned to be completed, to sign it when it takes over the waste concerned, to carry it out and, where appropriate, to issue it to another carrier or to the consignee in the event of the transfer of the waste, where the obligation to carry out the waste is to be met; and
3)
3.
has the recipient, as far as he is not the operator of the recovery facility or of the laboratory, which is in the Annex VII to Regulation (EC) No 1013/2006, after signature, in accordance with Article 18 (1) (b) of Regulation (EC) No 1013/2006, the document shall be handed out to the operator of the recovery facility or of the laboratory when the waste is transferred, and
4.
have the person who causes the shipment and the consignee before a shipment begins a contract in accordance with Article 18 (2) subs. 1 of Regulation (EC) No 1013/2006 and to keep it at least three years from the date of commencement 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, without delay, examine the waste and the document which is carried out in Annex VII to Regulation (EC) No 1013/2006. If that examination shows that the waste is not the document or the contract referred to in the second subparagraph of Article 18 (2). In accordance with Article 14 (1) (1) of Regulation (EC) No 1013/2006, the operator shall immediately inform the competent authority of the conditions laid down in Article 14 (1) (1).(3) The operator of a laboratory receiving the waste shall immediately examine the waste and the document which has been carried out in Annex VII to Regulation (EC) No 1013/2006. If this examination shows that the waste does not comply with 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 in accordance with Section 14 (1) sentence 1.(4) Article 26 (3) of Regulation (EC) No 1013/2006 as regards paragraphs 1 (1), 2 and 3 of Regulation (EC) No 1013/2006 shall apply in respect of electronic management, filling and signing. Non-official table of contents

§ 6 Regulation authorisations

The Federal Government is empowered to act on the basis of legal regulation
1.
with the consent of the Federal Council to adopt provisions on basic agreements Implementation of Regulation (EC) No 1013/2006, adopted at meetings of contact points pursuant to Article 57 of Regulation (EC) No 1013/2006,
2.
with Consent of the Federal Council to enter into force, 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 Bundesrat, after consulting the parties concerned, in accordance with Article 36 (3) of Regulation (EC) No 1013/2006 rules to be adopted on the exceptions to the Export ban in respect of certain wastes listed in Annex V.
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§ 7 Fees and Deposits

(1) Competent authorities may charge fees and expenses for the following individually attributable public services to cover the administrative burden:
1.
Implementation of the notification and surveillance procedure provided for in Article 29 of Regulation (EC) No 1013/2006,
2.
conducting analyses and controls in accordance with Article 29 of Regulation (EC) No 1013/2006, including sampling and examination of samples, and
3.
Arranged according to § 13.
(2) The person who owes fees and outlays is
1.
for the sampling and examination of samples, in addition to the notifier of the carrier or the person responsible for the shipment of waste, which provides for the general information requirements Article 18 of Regulation (EC) No 1013/2006 is initiated, and
2.
for orders in accordance with § 13 of the obligated person.
(3) The Federal Government will: Authorized, by means of a 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 outsourcing of charges in respect of the provisions of section 11 (2) sentence 2 and section 14 (4) of the Federal Authorities. In calculating charges, account shall be taken of the administrative burden associated with the performance, which depends in particular on the quantity and the hazardous nature of the waste which is to be spent. The fee shall be at least EUR 50; it shall 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 Section 22 (4) of the Federal Law on Fees may, by way of derogation from the provisions of the regulations, apply to the Federal Administration. of the Federal Law on Fees. Non-official table of contents

§ 8 Supplementary provisions on readmission obligations

(1) Insofar as a withdrawal obligation pursuant to Article 22 (2) Subabs. 1 or 3 subs. 1 or Article 24 (2) (c), (d) or (e) of Regulation (EC) No 1013/2006 a competent authority in the territory of the Federal Republic of Germany is responsible for fulfilling the obligation of 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 prescribed 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. The countries may delegate the fulfilment of the obligation of a common body.(2) Where there is an obligation to take over the costs of withdrawal in accordance with Articles 23 or 25 of Regulation (EC) No 1013/2006 for waste to be or are to be transferred from the territory of the Federal Republic of Germany, this obligation shall also apply to the person, which has caused, 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 to
1.
the producer of the waste, if he demonstrates that: , it may have acted correctly in the delivery of the waste to a third person in the territory of the country and has not been involved in the shipment, and
2.
Bodies or stock exchanges of self-governing bodies or business associations that have brokered the waste for recovery, as far as this is concerned with the exchange of addresses
Those who are obliged to take over the costs of the withdrawal are obliged to compensate each other according to the principles of the overall debt.(3) The costs incurred by the competent authorities in connection with the withdrawal and recovery or disposal or recovery or disposal in other ways shall be borne by the chargeable person in accordance with Articles 23 or 25 of Regulation (EC) No 1013/2006, in conjunction with paragraph 2. It may be determined that the person liable for payment has to pay in advance the estimated costs incurred in connection with the withdrawal or recovery or disposal in other ways.(4) In so far as a chargeable person under Article 23 or 25 of Regulation (EC) No 1013/2006 is not eligible for use 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 for the withdrawal or recovery or disposal in any other way, less the costs reimbursed by the convicted persons and other third persons subject to the authority 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) The objection and the action taken against decisions relating to the recycling of waste or the fixing of the costs referred to in paragraph 3 shall not have suspective effect. Non-official 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 Removal,
2.
Suppression of illegal shipments,
3.
Fulfilments of the Information obligations to the competent authorities of other States, the Secretariat of the Basel Convention and the Commission,
4.
Implementation of the Waste management planning, as far as shipments from or into the federal territory are included.
The following authorities may name and address, date and place of birth, telephone and fax numbers, email addresses and the area the insurance of persons involved in shipments of waste and related recovery or disposal, and undertakings operating in the said sector, including producers and undertakings, Operators of installations, to the extent necessary to carry out the tasks referred to in the first sentence:
1.
the contact point according to § 15, the authorities responsible for waste management according to federal or state law, which are governed by legal regulation with public service tasks of the Waste management commissioned carriers, the supreme state environmental authorities, the joint body according to § 8 para. 1 sentence 4,
2.
the authorities of the Customs administration,
3.
the relevant 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 of Consumer Protection and Food Safety, the Federal Office 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 by comply with the State Data Protection Act.(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, Home Affairs, Economy and Technology, Transport, Building and Urban Development, for Food, Agriculture and Consumer Protection, Environment, Nature Conservation and Nuclear Safety, and to the Federal Environment Agency, to the extent 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 and personal data. in writing, to the extent that, from the point of view of the authorities, there are actual indications that the knowledge of the data is necessary for the prosecution of criminal offences or of administrative offences.(4) Where the contact points and the waste management authorities of other States, the Secretariat of the Basel Convention and the Commission have requested and justified in writing the data collected pursuant to the second sentence of paragraph 1, which they shall: , the data may be transmitted to them in so far as knowledge of the data is necessary for the performance of the tasks referred to in the first sentence of paragraph 1 (1) to (3).(5) The third person to which data have been transmitted in accordance with 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. Non-official table of contents

§ 10 Labelling of vehicles

(1) Carriers and persons directly carrying out the transport shall have vehicles, with To which they carry waste on public roads, before starting the journey with two rectangular, retro-radiating, white warning signs of at least 40 centimetres in width and at least 30 centimetres in 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 must be attached to the rear of the trailer.Paragraph 1 shall not apply to vehicles with which waste is transported within the framework of economic undertakings, that is to say, on the grounds of any other commercial or economic activity not intended for the transport of waste .(3) The Federal Government is empowered to grant exemptions from the labelling requirement referred to in paragraph 1 in a legal regulation pursuant to § 53 (6) or § 54 (7) of the Circular Economic Law. Non-official table of contents

§ 11 Controls

(1) The competent national authorities are responsible for carrying out the operation in accordance with Article 34 of Directive 2008 /98/EC of the European Parliament and of the Council of Parliament and the Council of 19 on waste and repealing certain Directives (OJ C 139, 30.4.2008, p. 3, L 127 of 26 May 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 § 14 (1) and (2) sentence 1 shall check the shipment of waste and the related recovery or disposal in accordance with the provisions of 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 for the Transport of Goods work together with the competent national authorities within the framework of their possibilities.(3) If there is a suspicion of a breach of the provisions of Regulation (EC) No 1013/2006 or of this Act, in particular the suspicion of an illegal shipment, the authorities referred to in paragraphs 1 and 2 shall inform the State authority, which shall: is responsible for the territory in which the control was carried out and
1.
in the case of shipment in the Federal territory, the competent authority of destination in accordance with section 14 (1) sentence 1,
2.
in the case of shipments from the Federal territory the competent authority on the Place of dispatch in accordance with § 14 (1) sentence 2 or
3.
in the case of the shipment by the Federal territory the competent authority for transit pursuant to § 14 para. 4
immediately in written form on the suspicion and the reasons therefor.(4) After having been informed in accordance with paragraph 3 of the authority responsible for the territory in which the control has been carried out, and having regard to the suspicion and the reasons for it, the Authority shall, at the expense and risk of the authorized person to ensure that precautions are taken for safe storage until
1.
the competent authority of dispatch in the case referred to in Article 24 (2) subs. 1 of Regulation (EC) No 1013/2006,
2.
the competent authority of destination in the case of Article 24 (3) subs. 1 of Regulation (EC) No 1013/2006 or
3.
the authorities referred to in paragraphs 1 and 2 together in the case referred to in Article 24 (5) of Regulation (EC) No 1013/2006
have otherwise decided or have or have notified their decision in writing.(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 37 (2) subs. 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, can be found in the Paragraphs 1 and 2 shall ensure that waste and its means of transport and packaging are at the expense and risk of the person entitled to disposal, until such time as the identified deficiencies or the safe storage of such waste are remedied.(6) Paragraphs 3 and 4 shall be referred to in the second subparagraph of Article 22 (9), Article 24 (2). 2, para. 3 subs. (2) and (7), Article 35 (6), also in conjunction with the second subparagraph of Article 37 (2). 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 is not affected. Non-official table of contents

§ 12 Measures for monitoring

(1) In particular, the competent authorities in accordance with § 14 (1), (2) and (4) work bilaterally. or multilateral 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 in accordance with Article 50 (7) of Regulation (EC) No 1013/2006, the competent national authorities and the federal authorities referred to in Article 11 (2) sentence 2 are in particular: Responsible.(3) § 47 of the Circular Economic Law is to be applied. 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, which contain the written consent issued by the authorities concerned, as well as the relevant conditions, and
2.
the document contained in Annex VII to Regulation (EC) No 1013/2006.
(4) On request, the competent authorities responsible for the control shall be handed over:
1.
the notifier the documents referred to in paragraph 3, second sentence, no. 1,
2.
the person who causes the shipment, the documents referred to in paragraph 3, second sentence, no. 2, and
3.
Carriers, 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.
(5) The competent authorities may, for the purpose of: Check and enforce the information on shipments referred to in Article 18 (1) of Regulation (EC) No 1013/2006, as referred to in Article 18, including in conjunction with Article 37 (3), Article 38 (1), Article 40 (3), Article 42 Article 44 (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 specified by the authority. shall be transmitted. Non-official table of contents

§ 13 orders on a case-by-case basis

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

§ 14 competent authorities

(1) For measures relating to shipments of waste to the federal territory and to the the related recovery or disposal, including the obligations applicable to the competent authority of destination in accordance with Regulation (EC) No 1013/2006, is the authority of the country in which the waste is first recovered or to be removed or removed. 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 in which the shipment of the waste is to begin or begins shall be the competent authority.(2) In addition to paragraph 1, the authorities of the country in whose territory the waste is located are also entitled to control shipments of waste into, out of or through the territory of the Federal Republic. The federal authorities referred to in Article 11 (2) sentence 2 are also competent.(3) In accordance with Article 22 (9) of Regulation (EC) No 1013/2006, the competent authority of the territory in question shall be the national authority responsible for the area in which the shipment which cannot be completed has been discovered. Competent authority for the territory concerned, in accordance with Article 24 (7) of Regulation (EC) No 1013/2006 and competent authority in the State of the customs office referred to in Article 35 (6), including in conjunction with the second subparagraph of Article 37 (2). 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 is the Landesbehörde (State Authority), responsible for the area in which the illegal shipment has been discovered.(4) The decision on shipments of waste to be carried out or carried out by the territory of the Federal Republic of Germany and the associated recovery or disposal which are subject to the procedure of prior written notification and consent shall be The Federal Environment Agency is responsible. 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. Non-official table of contents

§ 15 point of contact

(1) The Federal Environment Agency is a contact point within the meaning of Article 5 (1) of the Basel Convention and in the 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 on illegal shipments and shipments, which cannot be completed as planned, and on ongoing, in accordance with § 9 on the contact point. Investigative and criminal proceedings. The correspondent shall accept requests relating to foreign countries and shall forward them to the competent authorities.(3) The point of contact shall include information relevant to the shipment 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 contact point shall inform the Commission of the nominations and the relevant information in accordance with Article 50 (6) and Article 56 (1) (a) and (b) in conjunction with paragraphs 2 to 4 of Regulation (EC) No 1013/2006. Non-official table of contents

§ 16 Reports and transmission of information

(1) For the transmission of information pursuant to Article 13 of the Basler The Federal Environment Agency is responsible for the 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 forward a copy of this report to the Commission in accordance with Article 51 (1) of Regulation (EC) No 1013/2006.(2) The Federal Environment Agency shall be responsible for the preparation of the report pursuant to Article 51 (2) of Regulation (EC) No 1013/2006 and the transmission to the Commission. 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. Non-official table of contents

§ 17 Customs offices

The Federal Ministry for the Environment, Nature Conservation and Nuclear Safety, in agreement with the Federal Ministry of Finance, pursuant to Article 55 of Regulation (EC) No 1013/2006, the customs offices of the Federal Republic of Germany are known to be allowed to enter the waste at the entrance or exit of the European Community. Non-official table of contents

§ 18 Penal rules

(1) Contrary to the law, who intentionally or negligently
1.
contrary to § 4, para. 1, a fully-enforceable edition not, not correct, not complete or not does or does not ensure that a person named therein fulfils such a requirement,
2.
contrary to § 4 (2), first sentence, no. 1, does not ensure that a 3
3.
contrary to § 4 para. 2 sentence 1 no. 2 or 3, the accompanying form is not or not handed out in good time,
4.
contrary to § 4, paragraph 3, a document is not presented or not presented in due time,
5.
contrary to § 4, paragraph 4, sentence 2 or § 5 (2) sentence 2 or 3 sentence 2, the competent authority is not informed or not informed in good time,
6.
contrary to § 4 (5), recovery or disposal of the competent authority is not or not in due time,
7.
contrary to § 4 (6), information or document not, not correct, not complete or not in good time ,
8.
contrary to § 5 (1) (2) or (3), the document referred to therein does not, either correctly or incompletely, or not, or not,
.
10.
10.
10.
10.
10.
10.
style="font-weight:normal; font-style:normal; text-decoration:none;"> a legal regulation in accordance with § 6 nos. 1 or 2 is contrary to this fine for a certain amount of action,
11.
contrary to § 10, paragraph 1, sentence 1, a vehicle is not, not correct, not complete or not in good time with warning boards,
12.
contrary to § 12 para. 3 sentence 1 in conjunction with § 47 paragraph 3 sentence 1 of the Circular Economic Law, no information, not correct, not complete or not in good time
13.
contrary to § 12 (3) sentence 1 in conjunction with § 47 (3) sentence 2 or sentence 3 of the Circular Economic Law the entering of a property or of a Residential, commercial or operating room, the insight into a document or the acceptance of a technical investigation or examination is not permitted,
14.
contrary to § 12 para. 3 Sentence 1, in conjunction with Section 47 (4) of the Circular Economic Law, does not provide workers, tools or documents,
15.
contrary to § 12 para. 4, a Document not or not handed out in time,
16.
contrary to § 12 para. 5 sentence 2, information not, not correct, not complete or not in good time
17.
is an enforceable order in accordance with § 13 sentence 2, or
18.
an immediate provision in European Community legal acts on shipments of waste that is
a)
determines that a shipment is allowed to take place only as long as the consents of all the relevant Authorities are valid, or that the export or import of waste is prohibited,
b)
determines that waste does not mix with other waste during shipment , or
c)
is the content of a case referred to in paragraphs 2 to 5, 7 to 10, 16 or 17,
to the extent that a legal regulation referred to in paragraph 5 applies to:
() The attempt to impose an administrative offence under paragraph 1 (18) (a) may be punishable.(3) In the case referred to in paragraph 1 (18) (a), the administrative offence may be subject to 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. Cases with a fine of up to twenty thousand euros will be punished.(4) The Administrative Authority within the meaning of Section 36 (1) (1) of the Code of Administrative Offences is the Federal Office of Goods Transport in the case of shipments of waste on the road, to the extent that the infringement is committed in a company that does not have a domestic service its registered office still has a business establishment and, in so far as the person concerned is not domicated in the territory of the country.(5) In so far as this is necessary for the enforcement of the acts of the European Community, the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety is authorized, by means of a regulation without the consent of the Federal Council, to take the facts , which may be punished as an administrative offence under paragraph 1 (18). Non-official table of contents

§ 19 confiscation

If an administrative offence has been committed in accordance with section 18 (1), then
1.
Items to which the regularity is related, or
2.
Items that have been or have been used for their workaround or preparation
are drafted. § 23 of the Law on Administrative Offences shall apply. Non-official table of contents

§ 20 Administrative procedure provisions

Of the regulations made in this Act and under this Act. of the administrative procedure cannot be dismissed by national law.