Law for the promotion of the circular economy and safeguarding of the environmentally sound management of waste (Circular Economic Law-KrWG)

Unofficial table of contents

KrWG

Date of completion: 24.02.2012

Full quote:

" Circular economy law of 24 February 2012 (BGBl. 212), the most recent of which is Article 44 (4) of the Law of 22 May 2013 (BGBl. I p. 1324).

Status:	Last amended by § 44 Abs. 4 G v. 22.5.2013 I 1324
Corrigendum v. 7.10.2013 I 3753 is taken into account

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 1.6.2012 + + +) 
(+ + + For application cf.  Section 72 (4) + + +) 

  

The G was decided as Article 1 of the G v. 24.2.2012 I 212 by the Bundestag with the consent of the Bundesrat. It occurs gem. Art. 6 of this G in force on 1.6.2012. § 4 (2), § 5 (2), § 8 (2), § § 10 and 11 (2) and (3), § 12 (7), § § 16 and 23 (4), § § 24, 25 and 26 (1), § 36 (4) sentence 4, § 38 (1) sentence 2, § 41 (2), § § 43 and 48 sentence 2, § § 52 and 53 Paragraph 6, § 54 (7), § 55 (2), § § 57 and 59 (1) sentence 2, § 60 (3), § § 61, 65 and 67 and 68 shall enter into force on the day after the announcement. Unofficial table of contents

Content Summary

Part 1General provisions

§ 1	Purpose of the law
§ 2	Scope
§ 3	Definitions
§ 4	By-products
§ 5	End of waste property

Part 2Principles and
Obligations of producers
and owners of waste, and
the Public Disposal Service section 1Principles of the
Waste prevention and waste management

§ 6	Waste Hierarchy

Section 2circulatory economy

§ 7	Basic requirements of the circular economy
§ 8	Ranking and high-value of the recovery measures
§ 9	Separation of waste for recovery, prohibition of mixing
§ 10	Requirements for the circular economy
§ 11	Recycling economy for bio-waste and sewage sludge
§ 12	Quality assurance in the field of bio-waste and sewage sludge
§ 13	Obligations of the plant operators
§ 14	Promotion of recycling and other recycling

Section 3Waste disposal

§ 15	Basic requirements for waste disposal
§ 16	Requirements for waste disposal

Section 4Public-Legal
Disposal and commissioning of third parties

§ 17	Duty of oversight
§ 18	Display method for collections
§ 19	Obligation to pay for land
§ 20	Obligations of the public-service waste disposal providers
Section 21	Waste management concepts and waste balances
Section 22	Assignment of third parties

Part 3Product Responsibility

Section 23	Product Responsibility
§ 24	Requirements for prohibitions, restrictions and markings
Section 25	Requirements for withdrawal and return obligations
Section 26	Voluntary withdrawal
§ 27	Owner's duties after withdrawal

Part 4Planning Responsibility Section 1Order and
Implementation of waste disposal

§ 28	Order of waste disposal
§ 29	Implementation of waste disposal

Section 2Waste Management Plans
and waste prevention programmes

§ 30	Waste management plans
Section 31	Establishment of waste management plans
Section 32	Public participation in the drawing up of waste management plans, information to the public
§ 33	Waste prevention programmes

Section 3Approval of installations,
in which waste is disposed of

Section 34	Exploring suitable locations
§ 35	Plan determination and approval
§ 36	Grant, security, side-provisions
Section 37	Admission of early start
§ 38	Planning procedures and other administrative procedures
§ 39	Existing waste disposal facilities
§ 40	Decommissioning
Section 41	Declaration of emissions
§ 42	Access to information
Section 43	Requirements for landfills
Section 44	Costs of waste disposal

Part 5Sales promotion and waste consulting

§ 45	Obligations of the public authorities
Section 46	Obligation to provide waste

Part 6Monitoring

§ 47	General monitoring
§ 48	Waste designation, hazardous waste
§ 49	Register obligations
§ 50	Follow-up duties
Section 51	Monitoring in individual cases
Section 52	Requirements for evidence and register
Section 53	Collectors, carriers, traders and brokers of waste
§ 54	Collectors, carriers, traders and brokers of hazardous waste
§ 55	Identification of vehicles

Part 7Waste disposal companies

§ 56	Certification of waste disposal companies
Section 57	Requirements for waste disposal companies, technical monitoring organisations and waste disposal communities

Part 8Operational organisation,
Operational representative for
Waste and facilitations
for audited enterprise locations

Section 58	Participation obligations for the operational organisation
§ 59	Order of an operational officer for waste
§ 60	Tasks of the operational officer for waste
Section 61	Requirements for facilities for audited company locations

Part 9Final provisions

Section 62	Arrangements in individual cases
§ 63	Secrecy and data protection
Section 64	Electronic communications
Section 65	Implementation of European Union legal acts
Section 66	Enforcement in the area of the Bundeswehr
Section 67	Participation of the Bundestag in the adoption of legal regulations
Section 68	Stakeholder Consultation
Section 69	Fines
Section 70	Recovery
Section 71	Exclusion of divergent national law
Section 72	Transitional provision

Appendix 1	Removal procedures
Appendix 2	Recovery procedures
Appendix 3	Criteria for determining the state of the art
Appendix 4	Examples of waste prevention measures according to § 33

Part 1
General provisions

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§ 1 Purpose of the Law

The purpose of the law is to promote the recycling economy for the protection of natural resources and to ensure the protection of man and the environment in the production and management of waste. Unofficial table of contents

§ 2 Scope

(1) The provisions of this Act shall apply to:

1.

the prevention of waste, and

2.

the recovery of waste,

3.

the disposal of waste and

4.

the other measures of waste management.

(2) The provisions of this Act shall not apply to:

1.

Substances to be disposed of

a)

according to the Food and Feed Code in the version of the notice of 22 August 2011 (BGBl. 1770), as amended, in so far as it applies to foodstuffs, food additives, cosmetic products, consumer goods and products interchangeable with foodstuffs,

b)

in accordance with the Provisional Tobacco Act, as amended by the Notice of 9 September 1997 (BGBl. 2296), which was last amended by Article 4 of the Law of 9 December 2010 (BGBl. 1934), as amended,

c)

according to the milk and margarine law of 25 July 1990 (BGBl. 1471), as last amended by Article 22 of the Law of 9 December 2010 (BGBl). 1934), as amended,

d)

according to the Animal Health Act of 22 May 2013 (BGBl. 1324),

e)

in accordance with the Plant Protection Act, as amended by the Notice of 14 May 1998 (BGBl. I p. 971, 1527, 3512), most recently by Article 14 of the Law of 9 December 2010 (BGBl. 1934), as amended, as well as

f)

in accordance with the laws adopted pursuant to points (a) to (e),

2.

animal by-products, to the extent that they are in accordance with Regulation (EC) No 1069/2009 of the European Parliament and of the Council of 21 June 2009 on the Directive on animal by-products not intended for human consumption, and repealing Regulation (EC) No 1774/2002 (Regulation on animal by-products) (OJ L 327, 31.12.2002, p. 1), as amended, in accordance with the legal acts adopted by the European Union in its implementation, in accordance with the Animal By-Products-Elimination Act of 25 January 2004 (BGBl. 82), most recently by Article 19 of the Law of 9 December 2010 (BGBl). I p. 1934) has been amended to collect, collect, transport, store, treat, handle, process, and process, in the version in force or in accordance with the legal regulations adopted pursuant to the Animal By-products-Elimination Act , with the exception of those animal by-products intended for incineration, storage at a landfill site or use in a biogas or composting plant,

3.

the body of animals which have not been killed by slaughter, including those animals which have been killed for the eradication of epizootic diseases, in so far as these carcases are to be removed in accordance with the legislation referred to in paragraph 2 or process,

4.

Feces, insofar as they are not covered by point 2, straw and other natural non-hazardous agricultural or forestry materials used in agriculture or forestry or for the production of energy from such biomass by means of processes or methods which do not harm the environment or which do not endanger human health,

5.

nuclear fuel and other radioactive substances within the meaning of the Atomic Energy Act,

6.

Substances whose disposal is in accordance with the provisions of the Radiation Protection Provisions Act of 19 December 1986 (BGBl. 2610), as last amended by Article 1 of the Law of 8 April 2008 (BGBl I). 686), as amended in the current version of the legislation in force,

7.

Wastes arising directly from the search, winnings and processing of mineral resources and the associated storage of mineral resources in companies subject to the supervision of the mountain and which are subject to the provisions of the Federal Mining Act of 13 August 1980 (BGBl. 1310), as last amended by Article 15a of the Law of 31 July 2009 (BGBl I). 2585), as amended, and the legal regulations adopted pursuant to the Federal Mining Act, are disposed of under the supervision of the mountain,

8.

gaseous substances which are not contained in containers,

9.

substances as soon as they are initiated or introduced into water or waste water installations,

10.

Soils at the place of origin (soils in situ), including non-excavated, contaminated soils and structures permanently connected to the ground,

11.

non-contaminated soil material and other naturally occurring materials which have been excavated during construction, provided that it is ensured that the materials in their natural state shall be used for construction purposes in the place where they were lifted shall be used,

12.

Sediments intended for the management of waterways, the maintenance or development of waterways, and the prevention of floods or the mitigation of the effects of floods and droughts or land reclamation be restored within surface waters, provided that the sediments are not dangerous,

13.

the collection and transfer of ship's waste and cargo residues, to the extent that this is governed by federal or state law on the basis of international or supranational conventions,

14.

the search, the mountains, the promotion, the warehousing, the treatment and the destruction of the means of combat, as well as

15.

Carbon dioxide, which is deposited for the purpose of permanent storage, transported and stored in carbon dioxide stores, or stored in research stores.

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§ 3 Definitions

(1) Waste within the meaning of this law shall be all substances or objects which their owner has to dispose of, to dispose of or to dispose of it. Waste for recovery is waste which is recovered; waste which is not recovered is waste for disposal. (2) An emptying within the meaning of paragraph 1 shall be accepted if the owner has substances or objects of a recovery in the sense of (3) The will to discharge within the meaning of paragraph 1 shall be the case with respect to such substances or to accept items,

1.

in the energy conversion, manufacture, treatment or use of substances or products or in the case of services, without the purpose of the act being directed to this end, or

2.

the original purpose of which is eliminated or abandoned without any new use being made directly at the point where it is intended.

For the purpose of assessing the purpose, the producer or owner shall be considered to have taken account of the traffic situation. (4) The owner shall dispose of substances or objects within the meaning of paragraph 1 where such substances or objects are not covered by the are no longer used in accordance with their original intended purpose, and because of their specific state of condition, are likely to endanger the good of the general public, in particular the environment, at present or in the future, and whose risk potential is limited only to: through proper and harmless recovery, or (5) Dangerous within the meaning of this law are the wastes which are subject to the law of the present law and which are subject to the law of the § 48, second sentence, or pursuant to such a decree. All other wastes are not dangerous within the meaning of this Act. (6) Inerraids within the meaning of this Act are mineral wastes,

1.

that are not subject to any substantial physical, chemical or biological changes,

2.

that do not dissolve, do not burn, and do not physically or chemically react in any other way,

3.

that don't degrade biologically, and

4.

the other materials with which they come into contact are not adversely affected in a way that could lead to adverse effects on man and the environment.

The total leachability and pollutant content of the waste and the ecotoxicity of the leachate must be insignificant and must not, in particular, jeopardise the quality of surface water or groundwater. (7) Biowaste within the meaning of this Act are biodegradable herbal, animal or fungal materials

1.

Garden and parking waste,

2.

Land-based waste,

3.

Food and catering waste from household, catering and catering trade, from the retail trade and comparable waste from food processing plants, as well as

4.

wastes from other sources of origin comparable to the waste referred to in points 1 to 3 by type, nature or material properties.

(8) producers of waste within the meaning of this Act shall be any natural or legal person,

1.

wastes arising from their activities (first-time producers), or

2.

carry out pre-treatment, mixtures or other forms of treatment which result in a change in the composition or composition of such waste (secondary producers).

(9) Owners of waste within the meaning of this Act shall be any natural or legal person who has the actual domination of waste. (10) Collectors of waste within the meaning of this Act shall be any natural or legal person who shall: (11) Carriers of waste in the sense of a commercial or commercial enterprise, that is to say, on the occasion of any other commercial or economic activity which is not directed at the collection of waste. this law is any natural or legal person who is a commercial or legal person in the Framework of economic enterprises, that is to say, on the occasion of any other commercial or economic activity which is not directed at the transport of waste, carries waste. (12) Dealer of waste within the meaning of this Act is any natural or legal person who, on a commercial or economic basis, is the reason for any other commercial or economic activity which is not directed at the disposal of waste, or public bodies on their own responsibility, and (13) Waste from waste within the meaning of this Act shall be any natural or legal person who has a commercial or legal nature of economic undertakings, that is to say, on the grounds of any other commercial or economic activity not directed at the making of waste, or of public bodies responsible for the management of waste for third parties ensuring that the actual state of play of the waste is not available for this purpose (14) Waste management within the meaning of this Act shall be the provision, transfer, collection, transport, recovery and disposal of waste, including the monitoring of such procedures, the aftercare of Disposal facilities and activities carried out by dealers and brokers. (15) Collection within the meaning of this Act is the collection of waste, including its preliminary sorting and preliminary storage for the purpose of Transport to a waste treatment plant. (16) Separate collection in the sense this law is a collection in which a waste stream is kept separate according to the nature and nature of the waste in order to facilitate or facilitate a certain treatment. (17) A non-profit collection of waste within the meaning of this Law is a collection which is due to a law in accordance with § 5 (1) (9) of the Corporate Tax Act, as amended by the Notice of 15. October 2002 (BGBl. 4144), as last amended by Article 8 of the Law of 22 June 2011 (BGBl I). 1126), in the current version, tax-exempt corporation, association of persons or property, and the procurement of funds for the realisation of their charitable, charitable or ecclesiastic activities Purpose within the meaning of § § 52 to 54 of the Tax Code. A non-profit-making collection of waste is also involved if the body, association of persons or the property of assets in accordance with the first sentence of the first sentence is entrusted to a commercial collector with the collection and the collection is subject to the proceeds of the disposal after deduction of his/her (18) A commercial collection of waste within the meaning of this Act is a collection which is carried out for the purpose of obtaining the income. The carrying out of the collecting activities on the basis of contractual links between the collector and the private household in permanent structures is not contrary to a commercial collection. (19) Circular economy in the sense of this law (20) Avoidance within the meaning of this Act is any measure taken before a substance, material or product has become waste and serves to reduce the amount of waste, the harmful effects the waste on man and the environment, or the content of harmful substances in to reduce materials and products. These include, in particular, the internal circulation of substances, the waste-poor product design, the re-use of products or the prolongation of their lifespan, as well as consumer behaviour, which is related to the acquisition of waste and (21) Reuse within the meaning of this Act is any procedure in which the products or components which are not waste are reused for the same purpose for which they were originally intended. (22) Waste disposal in the sense of this law shall be used for recovery and disposal operations, including preparation for recovery or disposal. (23) exploitation within the meaning of this law is any procedure the main result of which is the waste within the plant, or in the rest of the economy, either by replacing other materials which would otherwise have been used to fulfil a particular function, or by preparing the waste in such a way as to ensure that it is used in such a way as to ensure that it is used for the purpose of carrying out the Perform function. Appendix 2 contains a non-exhaustive list of recovery procedures. (24) Preparation for re-use within the meaning of this Act is any recovery procedure for the examination, cleaning or repair of the products or components of Products which have become waste are prepared in such a way that they can be re-used without further pretreatment for the same purpose for which they were originally intended. (25) Recycling within the meaning of this Act is each Recovery procedures, through which waste to products, materials or substances, either be prepared for the original purpose or for other purposes; it includes the preparation of organic materials, but not the energy recovery and the treatment to materials used for use as a fuel or for use as a source of energy for use as a fuel or for use as a fuel. (26) Elimination within the meaning of this law is any procedure which is not recovery, even if the procedure has the secondary effect of recovering substances or energy. Annex 1 contains a non-exhaustive list of disposal methods. (27) Landfill sites within the meaning of this Act are disposal installations for the disposal of waste above the surface of the earth (above-ground landfills) or below the surface of the earth. (underground landfills). Landfills also include internal waste disposal facilities for the disposal of waste in which a waste producer carries out the disposal of waste at the place of production. (28) The state of the art in the sense of this law is the State of development of advanced procedures, facilities or modes of operation to ensure the practical suitability of a measure to limit emissions in air, water and soil, in order to ensure the safety of the plant, to ensure a Environmentally sound waste disposal or otherwise to prevent or reduce waste The impact on the environment in order to achieve a generally high level of protection for the environment as a whole can be made secure. In the determination of the state of the art, the criteria listed in Appendix 3 are to be taken into account in particular. Unofficial table of contents

§ 4 By-products

(1) If a substance or object is used in a production process whose main purpose is not directed at the manufacture of that substance or object, it shall be regarded as a by-product and not as waste if:

1.

ensuring that the substance or object is used further,

2.

a further pre-treatment for this purpose beyond a normal industrial process is not required,

3.

the substance or object is produced as an integral part of a manufacturing process; and

4.

the further use is legal; this is the case where the substance or subject-matter meets all the product, environmental and health protection requirements applicable to its use and does not, on the whole, have any harmful effects on the substance or the subject matter. Human beings and the environment.

(2) The Federal Government is authorized, after consulting the parties concerned (§ 68), to determine, by means of a legal regulation with the consent of the Federal Council, in accordance with the requirements set out in paragraph 1, criteria according to which certain substances or substances To be considered as a by-product, and to define requirements for the protection of man and the environment. Unofficial table of contents

§ 5 End of waste property

(1) The waste property of a substance or object shall end when the substance or object has undergone a recovery procedure and is such that it shall be such that:

1.

it is usually used for specific purposes,

2.

there is a market for him or a demand for him,

3.

comply with all the technical requirements applicable to its specific purpose, as well as all legislation and applicable standards for products; and

4.

its use as a whole does not lead to harmful effects on man or the environment.

(2) The Federal Government is hereby authorized, after consultation of the parties concerned (§ 68), by means of a legal regulation with the consent of the Federal Council, to determine the conditions under which certain conditions may be met, subject to the requirements of paragraph 1. Substances and objects shall end the waste property and to lay down requirements for the protection of human beings and the environment, in particular by means of limit values for pollutants.

Part 2
Principles and obligations of the producers and owners of waste as well as the public waste disposal providers

Section 1
Principles of waste prevention and waste management

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§ 6 Waste hierarchy

(1) Measures of prevention and waste management shall be in the following order of precedence:

1.

Avoidance,

2.

preparation for re-use,

3.

recycling,

4.

other recovery, in particular energy recovery and filling,

5.

Disposal.

(2) On the basis of the ranking referred to in paragraph 1, priority shall be given, in accordance with § § 7 and 8, to the measure protecting the protection of man and the environment in the production and management of waste, taking into account the provision of prevention and management. The best way to ensure sustainability is to achieve sustainability. For consideration of the effects on man and the environment as set out in the first sentence, the entire life cycle of the waste shall be based on. In particular, account shall be taken of

1.

emissions to be expected,

2.

the measure of the conservation of natural resources,

3.

the energy to be used or to be recovered;

4.

the enrichment of harmful substances in products, in waste for recovery or in products derived therefrom.

The technical possibility, the economic reasonableness and the social consequences of the measure must be taken into account.

Section 2
Circular economy

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Section 7 Basic obligations of the circular economy

(1) The obligations of waste prevention shall be determined in accordance with § 13 as well as the legal regulations, which have been adopted pursuant to § § 24 and 25. (2) The producers or owners of waste are obliged to exploit their waste. The recovery of waste shall take precedence over its disposal. Priority shall be given if the disposal of waste is best ensured by the protection of man and the environment in accordance with the second sentence of Article 6 (2) and the third sentence of paragraph 2. The priority shall not apply to waste which is directly and normally produced by research and development activities. (3) The recovery of waste, in particular through its incorporation into products, must be carried out properly and without damage. The recovery shall be carried out properly if it is in accordance with the provisions of this Act and other public law provisions. It shall be harmless if, according to the nature of the waste, the extent of the impurities and the nature of the recovery, there is no adverse effect on the well-being of the general public, and in particular no pollutant enrichment in the (4) The obligation to recover waste must be fulfilled, if technically possible and economically reasonable, in particular for a substance or energy obtained, a market is available or created can be. The recycling of waste is also technically possible if a pre-treatment is required for this. Economic reasonableness shall be given if the costs associated with recovery are not disproportionate to the costs to be borne in the disposal of waste. Unofficial table of contents

§ 8 Ranking and high-value of the recovery measures

(1) In the case of the fulfilment of the obligation of use in accordance with § 7 (2) sentence 1, that of the recovery measures referred to in § 6 (1) (2) to (4) shall take precedence over the protection of man and the environment according to the nature and nature of the waste To ensure that the criteria laid down in Article 6 (2), second sentence, and (3) are taken into account. There is a right to vote of the producer or owner of waste between a number of equivalent recovery measures. In the design of the recovery measure to be carried out in accordance with the first or second sentence, a high-quality recovery is to be sought for the protection of man and the environment at the best possible level. Section 7 (4) shall apply to sentences 1 to 3. (2) The Federal Government shall, after consulting the parties concerned (§ 68), determine by means of a decree law with the consent of the Federal Council for certain types of waste, pursuant to Article 6 (2) Rates 2 and 3

1.

the priority or equal status of a recovery measure; and

2.

Requirements for the high value of recovery.

By means of a regulation in accordance with the provisions of the first sentence, it may in particular be determined that the recovery of the waste according to its nature, nature, quantity and ingredients shall be determined by multiple, successively connected material and subsequent energetic (3) In so far as the priority or equal status of energy recovery is not laid down in a legal regulation as referred to in paragraph 2, it must be assumed that the energy recovery of a material Recovery in accordance with section 6 (1) (2) and (3) shall be equal if the calorific value of the individual waste, without mixing with other substances, is at least 11 000 kilojoules per kilogram. On the basis of the economic downturn, the Federal Government shall, by 31 December 2016, verify whether and to what extent the calorific value is still required for the efficient and legally secure implementation of the waste hierarchy of § 6 (1). Unofficial table of contents

§ 9 Waste separation of waste for recovery, prohibition of mixing

(1) As far as this is necessary to meet the requirements of § 7 (2) to (4) and § 8 (1), waste shall be kept and treated separately. (2) The mixing, including dilution, hazardous waste with other categories of hazardous waste or other waste, substances or materials is inadmissible. By way of derogation from the first sentence, a mixture shall be permitted, exceptionally, where:

1.

it is carried out in a plant approved for this purpose in accordance with this law or by the Federal Immission Control Act;

2.

the requirements for a proper and harmless recovery in accordance with Article 7 (3) are complied with and the harmful effects of waste management on man and the environment are not reinforced by the mixing, and

3.

the mixing process corresponds to the state of the art.

To the extent that hazardous waste has been mixed in an illegal manner, it shall be separated, where necessary, in order to ensure proper and unsafe recovery in accordance with Article 7 (3), and the separation is technically possible and it is economically reasonable. Unofficial table of contents

§ 10 Requirements for the circular economy

(1) The Federal Government is authorized, after consultation of the parties concerned (§ 68) by means of a regulation with the consent of the Federal Council, insofar as it is to fulfil the obligations pursuant to § 7 (2) to (4), § 8 (1) and § 9, in particular for the protection of of the harmless recovery,

1.

to restrict or prohibit the inclusion or leeway of certain wastes in products/products by type, nature or ingredients;

2.

requirements for the holding of the separation, the admissibility of mixing as well as the transport and storage of waste,

3.

Requirements for the provision, transfer, collection and collection of waste by means of hol and bumper systems, in each case also in a single unit of recyclable material or by means of a uniform collection of recyclable materials in comparable quality with to lay down similar products or products which are to be processed in the same way and which are subject in each case to a prescribed withdrawal in accordance with section 25;

4.

in the case of certain wastes whose recovery, on the basis of their nature, nature or quantity, is particularly likely to affect the welfare of the general public, in particular the protection goods referred to in Article 15 (2), second sentence, the place of origin, the point of attack or the initial product,

a)

that they may be placed on the market or used for certain purposes only in a specified quantity or in a certain nature,

b)

that they are not allowed to be placed on the market with certain characteristics,

5.

To determine the requirements for the recovery of mineral waste in technical structures.

(2) The legal regulation referred to in paragraph 1 may also determine procedures for verifying the requirements laid down therein, in particular:

1.

that evidence or register must be carried out and submitted,

a)

even without an order in accordance with § 51, or

b)

by way of derogation from certain requirements in accordance with § § 49 and 50 or a legal regulation pursuant to § 52,

2.

the disposal of waste is to be checked in a specific way when it is adopted or passed on, and the result of that examination is recorded in the evidence or registers,

3.

that the carrier and the disposal of waste have to be kept in an operational diary which contains certain information on the operating procedures which are not already entered in the registers,

4.

the producers, the owners or the disposal of waste when the waste is adopted or passed on to the requirements resulting from the regulation, or the waste or containers provided for the transport thereof, in to be identified in a certain way,

5.

the collection of samples, the whereabation and storage of rehearsals and the procedures to be used for this purpose,

6.

the analytical methods required for the determination of individual substances or groups of substances,

7.

that, by carrying out the sampling and analysis carried out in accordance with points 5 and 6, it has a body known by the competent State authority, a body known by that authority, or any other person who: has the necessary physical and technical expertise to instruate,

8.

what requirements are to be made to the sampling and technical certificate of the sampler referred to in point 7;

9.

that documents, registers and operating documents must be submitted electronically in accordance with points 1 to 3 and that documents are to be presented in electronic form in accordance with the second and third sentences of Article 3a (2) of the Administrative Procedure Act.

(3) The requirements referred to in paragraph 2 (5) to (7) may be used to refer to any notices that are accessible to all. Where:

1.

indicate in the regulation the date of the contract notice and identify the reference source,

2.

to establish the notice of the German Patent and Trademark Office in an archive-wise way and to draw attention to this in the legal regulation.

(4) By means of the legal regulation referred to in point 4 of paragraph 1, it may be required that the person who is responsible for the harmless recovery of certain wastes pursuant to § 7 (2) and (3), § 8 (1) and § 9 on the basis of their nature, condition or the quantity of special requirements to be placed on the market or used in transport,

1.

to indicate this,

2.

requires permission to do so,

3.

must meet certain requirements in respect of its reliability, or

4.

to prove the necessary physical or technical knowledge in a procedure to be defined in more detail.

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§ 11 Circular economy for bio-waste and sewage sludge

(1) In so far as this is necessary in order to meet the requirements of § 7 (2) to (4) and § 8 (1), bio-waste which is subject to a duty of extradition pursuant to Article 17 (1) shall be collected separately from 1 January 2015 at the latest. (2) The Federal Government is authorized, after consultation of the parties concerned (§ 68) by means of a regulation with the consent of the Federal Council for the promotion of the recovery of bio-waste and sewage sludge, to the extent that it is necessary for the fulfilment of the obligations under paragraph 1, § 7 (2) to (4) and to Article 8 (1), and in particular to lay down,

1.

which waste is considered to be a bio-waste or sewage sludge,

2.

what needs to be made of separate collection of bio-waste,

3.

whether, and in what way, bio-waste and sewage sludge should be treated, the procedures to be followed and the other measures to be taken in this connection,

4.

what requirements the nature and nature of the untreated, treated and treated bio-waste and sewage sludge must be met;

5.

certain types of bio-waste and sewage sludge by source, type, condition, origin, quantity, type or time of application to the soil, soil characteristics, location conditions and type of use, not only in certain quantities, may be placed on the market or used for certain purposes only in a certain condition or for certain purposes.

By means of the regulation referred to in the first sentence, the requirements for the joint recovery of bio-waste and sewage sludge with other wastes, substances or materials may also be laid down in accordance with the first sentence of the first sentence of paragraph 3 to 5. The requirements set out in points 4 and 5 of the first sentence of the first subparagraph, including in conjunction with the second sentence, cannot be determined in so far as the proper and unsafe recovery of bio-waste and sewage sludge is ensured by means of fertilizer legislation. (3) The legal regulation referred to in the first sentence of paragraph 2 may also be used to determine procedures for verifying the requirements for the recovery of bio-waste and sewage sludges, in particular:

1.

-search requirements for the effectiveness of the treatment, the nature of the untreated and treated bio-waste and sewage sludge, the procedures to be followed or the other measures,

2.

the methods of investigation necessary for the review of the measures referred to in paragraph 1;

3.

studies of soil and

4.

Procedures for checking the requirements in accordance with Article 10 (2) (1) to (9) and (3).

By means of the legal regulation referred to in the first sentence of paragraph 2, point 1, it may be required that the person who is responsible for the loss of certain bio-waste or sewage sludge in accordance with § 7 (2) and (3), § 8 (1) and (9) on the basis of their the nature, nature or quantity of specific requirements to be placed on the market or to be placed on the market,

1.

to indicate this,

2.

requires permission to do so,

3.

must meet certain requirements in respect of its reliability, or

4.

to prove the necessary physical or technical knowledge in a procedure to be defined in more detail.

(4) The State Governments may adopt legal regulations within the meaning of paragraphs 2 and 3 for the recovery of bio-waste and sewage sludge and for the application of bio-waste and sewage sludge on soils, to the extent that the Federal Government is responsible for the Authorisation does not make use. The national governments may transfer the authorisation provided for in the first sentence of the first sentence to other authorities in whole or in part by means of a regulation. Unofficial table of contents

§ 12 Quality assurance in the field of bio-waste and sewage sludge

(1) In order to promote the recycling economy and to ensure the protection of man and the environment in the production and management of bio-waste and sewage sludge, in accordance with the legislation in force, the institutions of the Quality assurance and quality mark-holders establish a regular quality assurance. (2) Quality mark-holder is a natural or legal person who

1.

are produced, treated or recovered in commercial or commercial undertakings or in public establishments, and

2.

in relation to produced, treated or devalued bio-waste or sewage sludge, whether or not in mixtures with other waste, substances or materials, has a quality mark of a quality assurance institution.

(3) The quality mark may only be issued if the quality mark-holder

1.

the requirements for the organisation, personnel, equipment and other equipment, as well as the reliability and expertise and expertise of its staff, required to ensure the quality of the bio-waste or sewage sludge,

2.

the requirements for quality assurance, in particular for the reduction of harmful substances, to ensure the health and phytosanitary safety, and

3.

undertakes to present the fulfilment of the requirements set out in points 1 and 2 in the context of continuous monitoring of the institution of quality assurance.

(4) The quality mark holder may only lead the quality mark if and as long as it is granted to him by the institution of quality assurance. (5) A institution of quality assurance shall be a legally competent association of producers or managers of Bio-waste or sewage sludge, professional associations as well as expert institutions, institutions or persons. The institution of quality assurance shall require the recognition of the competent authority. The quality mark shall be issued on the basis of a statute, a monitoring contract or any other system which is binding on the quality mark holder, and in particular the quality mark-holder requirements to which the quality mark is to be awarded. (6) The institution of the quality assurance shall be responsible for the inspection of the quality-taker experts who shall be responsible for the inspection of the quality of the biowaste or sewage sludge or sludge produced, treated or retreated. monitoring of the reliability required, (7) The Federal Government is authorized, after consultation of the parties concerned (§ 68), by means of a regulation with the consent of the Federal Council, requirements for the quality assurance of bio-waste and To prescribe sewage sludges. In particular, the Regulation may:

1.

Requirements for quality assurance measures, including their scope,

2.

requirements for the organisation, the staffing, equipment and other equipment and the activities of a quality trader, as well as an adequate insurance cover for civil liability insurance,

3.

the requirements for the quality and the persons employed, in particular the minimum requirements for technical and technical knowledge and the reliability and the proof thereof, are to be determined,

4.

Requirements for the activities of the institutions responsible for quality assurance, in particular their education, dissolution, organisation and functioning, including the appointment, tasks and powers of the audit bodies, as well as minimum requirements for members of these inspection bodies,

5.

the minimum requirements for the experts working for quality assurance, as well as their appointment, activity and control, are determined;

6.

requirements for the quality mark, in particular the form and content, as well as its grant, its cancellation, its deletion and its withdrawal,

7.

the specific conditions, the procedure, the granting and the abolition of the recognition of the institution of quality assurance by the competent authority,

8.

for the necessary declarations, evidence, notifications or other data, the electronic management and the presentation of documents shall be arranged in electronic form in accordance with Section 3a (2) sentences 2 and 3 of the Administrative Procedure Act.

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Section 13 obligations of the plant operators

The obligations of the operators of installations requiring approval and non-approval in accordance with the Federal Immission Control Act, to set up and operate them in such a way that waste is avoided, recovered or disposed of, shall be governed by the following: the regulations of the Federal Immission Control Act. Unofficial table of contents

Section 14 Promotion of recycling and other material recycling

(1) For the purpose of the proper, harmless and high-quality recycling, paper, metal, plastic and glass waste must be collected separately from 1 January 2015 at the latest, as far as this is technically possible and economically feasible. (2) The Preparation for re-use and recycling of municipal waste should be at least 65% by weight in total at the latest from 1 January 2020. (3) Preparation for re-use, recycling and other material Exploitation of non-hazardous construction and demolition waste, with the exception of nature shall be at least 70% by weight at the latest from 1 January 2020, which are identified in the Annex to the Waste Management Regulation with the waste key 17 05 04. The other recycling referred to in sentence 1 shall include the filling in which waste is used as a substitute for other materials. The Federal Government is reviewing this target against the background of the development of the construction industry and the framework conditions for the recovery of construction waste until 31 December 2016.

Section 3
Waste disposal

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Section 15 Basic requirements for waste disposal

(1) The producers or owners of waste which are not used shall be obliged to eliminate them, unless otherwise specified in § 17. The quantity and harmfulness of waste must be reduced by the treatment of waste. Energy or waste arising from disposal shall be of high quality; § 8 (1) sentence 3 shall apply mutagenically. (2) Waste shall be disposed of in such a way as to ensure that the good of the general public is not impaired. In particular, an impairment is present when:

1.

the health of people is impaired,

2.

animals or plants are endangered,

3.

water or soils are adversely affected,

4.

harmful environmental effects caused by air pollution or noise,

5.

the objectives or principles and other requirements of spatial planning are not taken into account or the concerns of nature conservation, the maintenance of the countryside and urban development are not taken into account, or

6.

in any other way, public security or order is threatened or disturbed.

(3) Where necessary for the fulfilment of the requirements referred to in paragraphs 1 and 2, waste shall be kept and treated separately for disposal. Section 9 (2) shall apply accordingly. Unofficial table of contents

Section 16 Requirements for the disposal of waste

The Federal Government is authorized, after consultation of the parties concerned (§ 68), by means of a regulation with the consent of the Federal Council for the performance of the duties according to § 15, according to the state of the art requirements for the disposal of waste in the case of origin, site of seizage and by type, quantity and nature, in particular:

1.

Requirements for the holding and treatment of waste,

2.

Requirements for the provision, transfer, collection and collection, transport, storage and disposal of waste, and

3.

Procedures for checking the requirements in accordance with Article 10 (2) (1) to (9) and (3).

By means of the legal regulation set out in the first and second sentences of the first sentence, it may be required that the person responsible for the treatment, collection, collection, transport, storage and deposit of certain waste shall be subject to the conditions laid down in paragraph 15 of this Article by reason of its nature, nature or quantity of special requirements placed on the market or disposed of,

1.

to indicate this,

2.

requires permission to do so,

3.

must meet certain requirements in respect of its reliability, or

4.

to prove the necessary physical or technical knowledge in a procedure to be defined in more detail.

Section 4
Public-law disposal and commissioning of third parties

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§ 17 Obligations to overpass

(1) By way of derogation from § 7 (2) and Article 15 (1), producers or owners of waste from private households are obliged to dispose of such waste to legal persons who are obliged to dispose of the waste under national law (public law) (1). (a) to the extent that they are not in a position to exploit or do not intend to exploit the land used by them in the context of their private life. The first sentence shall also apply to producers and owners of waste for disposal from other sources of origin, in so far as they do not eliminate them in their own facilities. The power to dispose of the waste in its own facilities in accordance with the second sentence does not exist to the extent that the transfer of the waste to the public service provider is necessary on the basis of overriding public interests. (2) There is no obligation for waste to be transferred,

1.

which are subject to a return or return obligation on the basis of a legal regulation in accordance with § 25, unless the public-law disposal authorities participate in the withdrawal on the basis of a provision in accordance with Section 25 (2) point 4; for this purpose, , in particular a single recyclable tonne or a uniform collection of recyclable materials of comparable quality, by means of which valuable waste from private households is recorded in an efficient manner and a high-quality recovery shall be supplied,

2.

which are voluntarily withdrawn in the performance of the product responsibility pursuant to § 26, to the extent that a notice of exemption or determination pursuant to Article 26 (3) or (6) has been granted to the withdrawing manufacturer or distributor,

3.

which are supplied by a non-profit-making collection of a proper and harmless recovery,

4.

which are supplied by a commercial collection to an orderly and harmless recovery, to the extent that the overriding public interests of this collection are not contrary to the law.

The provisions of paragraphs 3 and 4 shall not apply to mixed waste from private household and hazardous waste. Special regulations of the obligation to leave the law shall remain unaffected by legal regulations in accordance with § § 10, 16 and 25. (3) The general public interest referred to in the second sentence of paragraph 2 shall be countered by a commercial collection if the collection is in its concrete design, also in cooperation with other collections, the functioning of the public waste disposal carrier, the third party commissioned by the public service provider or the legal regulation pursuant to § 25 Return system is at risk. A risk to the functioning of the public waste disposal carrier or the third party commissioned by the public service provider is to be accepted if the fulfilment of the disposal obligations under § 20 on economically balanced conditions is prevented or the planning security and organizational responsibility are significantly impaired. A significant impairment of the planning security and organisational responsibility of the public service provider is to be assumed, in particular, if the commercial collection

1.

wastes which are carried out by the public service provider or by a third party responsible for the management of a household or other high-quality separate collection and recovery of the waste,

2.

the stability of the charges is jeopardised or

3.

the non-discriminatory and transparent award of disposal services in competition will be significantly impeded or undermined.

The provisions of paragraphs 1 and 2 shall not apply if the collection and recycling of the waste offered by the commercial collector is much more efficient than that already provided by the public service provider or by the third party responsible for the disposal of such waste. offered or concretely planned performance. In assessing performance, the criteria to be assessed in relation to the objectives of the circular economy are the quality and efficiency, the scope and the duration of the collection and recovery of the waste, as well as the of all private households in the area of the public-sector waste disposal carrier should be based on public service fairness of the service which is to be assessed. Benefits which exceed the direct collection and utilization rate, in particular payment payments, are not to be taken into account in the assessment of performance. (4) Countries can be used to ensure the environment-friendly To determine the disposal of hazardous waste for disposal of hazardous waste. Duty to use hazardous waste for recovery from countries up to 7. However, it is not without prejudice to this. Unofficial table of contents

§ 18 Display procedure for collections

(1) Non-profit-making collections within the meaning of Article 17 (2), first sentence, point 3, and commercial collections within the meaning of Article 17 (2), first sentence, point 4 shall be the competent authority no later than three months prior to their intended admission by the competent authority. (2) The display of a commercial collection shall be accompanied by

1.

Information on the size and organisation of the collection company,

2.

information on the nature, extent and duration of the collection, in particular on the maximum extent and duration of the collection;

3.

information on the nature, quantity and whereabation of the waste to be revalued,

4.

a presentation of the recovery routes provided for within the indicated period, including the necessary measures to ensure their capacity, and

5.

a presentation on how to ensure the proper and unsafe recovery of the waste collected in the context of the recovery routes referred to in point 4.

(3) The display of the non-profit-making collection shall be included

1.

information on the size and organisation of the institution of the non-profit collection and, where appropriate, of the third party responsible for the collection; and

2.

Information on the nature, extent and duration of the collection.

The authority may require that the display of the non-profit-making collection be accompanied by the documents referred to in paragraph 2 (3) to (5). (4) The competent authority shall require the collection concerned by the commercial or non-profit-making collection concerned. public waste disposal authorities to deliver an opinion within a period of two months for its area of responsibility. If the public-law disposal authority has not delivered an opinion by the end of this period, it must be assumed that the latter does not wish to comment. (5) The competent authority may make the displayed collection of conditions subject to conditions, they provide for temporary or additional conditions for them, to the extent necessary to ensure compliance with the conditions laid down in Article 17 (2), first sentence, point 3 or point 4. The competent authority shall prohibit the implementation of the displayed collection where it is known facts from which there are concerns about the reliability of the scoreboard or the person responsible for the management and supervision of the collection. (6) The competent authority may determine that a commercial collection shall be at least for a certain number of persons and shall not be subject to the conditions laid down in Article 17 (2) of the Regulation. period; this period shall not exceed three years. If the commercial collection is discontinued prior to the expiry of the minimum period specified in the first sentence, or within that period, by way of derogation from the conditions laid down by the authority referred to in the first sentence of paragraph 5, or The institution of the commercial collection is obliged to the public service provider concerned to replace the additional expenses, which are required for the collection and recycling of the so far provided by the public authorities. commercial collection of collected waste. In order to secure the right to replacement, the competent authority may impose a security service on the institution of the commercial collection. (7) As far as a commercial collection already carried out at the date of entry into force of this law , the functioning of the public service provider, the third party responsible for the operation, or the return system established pursuant to a regulation pursuant to § 25, has not yet been jeopardised in the case of orders for (5) or (6) the principle of proportionality, in particular: The trust of the institution of the collection for its further implementation must be taken into consideration. Unofficial table of contents

Section 19 Dulduty obligations in the case of land

(1) The owners and owners of land on which a waste subject to a transfer is required shall be obliged to place the containers necessary for the collection and to enter the land for the purpose of collecting and collecting the land. To tolerate the monitoring of the separation and recovery of waste. The officials and agents of the competent authority shall not only be able to provide commercial and business premises, business premises and premises outside the usual business hours, and shall be able to prevent them from being used without the holder ' s consent. Enter the dangers for public safety and order. The fundamental right to inviolability of the dwelling (Article 13 (1) of the Basic Law) is restricted to this extent. (2) Paragraph 1 shall apply accordingly to collection and collection systems which are responsible for the implementation of readmission obligations on the basis of a Legal regulation according to § 25 are required. Unofficial table of contents

Section 20 Duties of the public waste disposal providers

(1) Public waste disposal providers shall, in accordance with § § 6 to 11, exploit the waste generated in their territory from private households and waste for disposal from other sources of origin in accordance with the provisions of Sections 6 to 11 of this Regulation. In accordance with § § 15 and 16. If waste is left to disposal for disposal, because the obligation to recover from the reasons mentioned in § 7 (4) does not have to be fulfilled, the public service providers are obliged to use the waste as far as these grounds are concerned. (2) The public service providers may, with the agreement of the competent authority, exclude waste from disposal in so far as they are subject to the obligation to withdraw from the disposal on the basis of a legal regulation adopted pursuant to section 25 of this Regulation; and the corresponding withdrawal facilities are actually available. The provisions of the first sentence shall also apply to waste for disposal from other sources of origin as private households, in so far as they cannot be disposed of by means of the waste produced in the household or the safety of the waste, in the manner, quantity or nature of the waste. environmentally friendly disposal in accordance with the waste management plans of the countries by another public-sector waste disposal carrier or third parties. The public service providers may revoke the exclusion from disposal in accordance with sentences 1 and 2 with the consent of the competent authority, provided that the conditions mentioned there are no longer available for an exclusion. (3) The The obligations laid down in paragraph 1 shall also apply to motor vehicles or trailers without valid official marks, provided that:

1.

have been placed on public land or outside in the context of built-up areas;

2.

there are no indications of their use or use as intended, and

3.

have not been removed within one month of a clearly visible invitation attached to the vehicle.

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Section 21 Waste management concepts and waste balances

The public service providers within the meaning of section 20 have waste management concepts and waste balances on recovery, in particular the preparation for re-use and recycling and the elimination of those in their territory. and to produce waste that is to be passed on to them. The requirements for waste management concepts and waste balance sheets are governed by national law. Unofficial table of contents

§ 22 appointment of a third party

The third parties responsible for recovery and disposal may commission the performance of their duties. Their responsibility for the performance of the duties shall remain unaffected and shall remain in place until such time as the disposal has been finally and properly completed. The responsible third parties must have the necessary reliability.

Part 3
Product Responsibility

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Section 23 Product responsibility

(1) Anyone who develops, manufactures, processes or distributes products shall bear the responsibility for product responsibility in order to fulfil the objectives of the circular economy. Products must be designed in such a way as to reduce the production and use of waste and ensure that the waste produced after their use is recycled or disposed of in an environmentally sound manner. (2) Product responsibility shall include in particular:

1.

the development, production and placing on the market of products which can be used repeatedly, technically durable and, after use, for the proper, harmless and high-quality recovery and for environmentally sound disposal,

2.

the priority use of waste or secondary raw materials used in the manufacture of products,

3.

the labelling of products containing harmful substances, in order to ensure that the waste remaining after use is recycled or disposed of in an environmentally sound way,

4.

a reference to the return, re-use and exploitation rights or obligations and deposit arrangements by marking the products, and

5.

the withdrawal of the products and the waste remaining after the products have been used, as well as the subsequent environmentally sound recovery or disposal thereof.

(3) Within the framework of the product responsibility referred to in paragraphs 1 and 2, in addition to the proportionality of the requirements in accordance with § 7 (4), the rules on product responsibility resulting from other legislation and for the protection of (4) The Federal Government, by means of legal regulations pursuant to § § 24 and 25, determined the responsibility for product responsibility in accordance with the provisions of Articles 24 and 25 of the Treaty. Paragraphs 1 and 2. At the same time, it determines the products and the manner in which product responsibility is to be carried out. Unofficial table of contents

Section 24 Requirements for prohibitions, restrictions and markings

In order to establish requirements in accordance with § 23, the Federal Government is authorized, after consultation of the parties concerned (§ 68), to determine by means of a legal regulation with the consent of the Federal Council that:

1.

certain products, in particular packaging and containers, only in a certain nature or in the case of certain uses in which the environmentally sound recovery or disposal of the waste produced is guaranteed, in transport may be brought,

2.

certain products may not be placed on the market if, in the course of their disposal, the release of harmful substances could not be prevented or could only be prevented with disproportionately high expenditure and the environmentally sound disposal does not apply to other products can be ensured,

3.

certain products may be placed on the market only in certain manner which is appreciably discharged from waste disposal, in particular in a form which facilitates multiple use or recovery;

4.

certain products must be marked in a certain manner, in particular in order to secure or promote the fulfilment of the obligations laid down in Article 7 (2) and (3), Article 8 (1) and (9) following the withdrawal;

5.

certain products may be placed on the market only by means of a marking on the basis of the pollutant content of the waste normally remaining after the intended use, and in particular the need for a return to the waste manufacturers, distributors or certain third parties,

6.

indicate, in respect of certain products at the place of supply or placing on the market, indications of reusability or disposal of the products, or that the products are to be labelled accordingly,

7.

indicate, in respect of certain products for which a return or return obligation has been prescribed in accordance with section 25, at the place of supply or placing on the market the return possibility or the products are to be labelled accordingly,

8.

for certain products for which the collection of a catch has been prescribed in accordance with § 25, to be marked, where appropriate, indicating the level of the pans.

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§ 25 Requirements for withdrawal and return obligations

(1) In order to establish requirements in accordance with § 23, the Federal Government is authorized, after consultation of the parties concerned (§ 68), to determine by means of a legal regulation with the consent of the Bundesrat, that manufacturer or distributor

1.

give certain products or place them on the market only at the time of the opening of a return facility,

2.

to take back certain products and to ensure the return by appropriate measures, in particular through the establishment of take-back systems, the participation in take-back systems or the collection of a pans,

3.

they have to take back certain products at the point of delivery or seization,

4.

in relation to the country, the competent authority, the public service provider within the meaning of § 20, a chamber of industry and commerce or, with its consent, to an association of chambers of industry and commerce, proof of have carried out the products placed on the market and their characteristics, the withdrawal of waste, the participation in return systems and the nature, quantity, recovery and disposal of the waste withdrawn, and

5.

To teach, retain, retain, to show on request and to a public authority, a public service provider within the meaning of § 20, a Chamber of Commerce and Industry or, with the consent of a public authority, in the case of a public authority, Merger of Chambers of Commerce and Industry to deposit.

(2) By means of the legal regulation referred to in paragraph 1, the producers and owners of waste as well as the public-sector waste management bodies may lay down requirements in accordance with § 23 as well as for the purpose of supplementing the obligations of the producers and owners of waste. Circulatory economy is further determined

1.

who has to bear the costs of the withdrawal, recovery and disposal of the products to be returned,

2.

the owners of waste have to leave these to the manufacturers, distributors or take-back systems set up in accordance with paragraph 1 (1),

3.

the manner in which the waste is left, including the measures to be taken to provide, collect and promote, and the obligations of the owners of waste referred to in point 2 above, for the activities referred to in the first half-sentence may also provide for a single recyclable tonne or a uniform collection of recyclable materials of comparable quality,

4.

that the public service providers, within the meaning of § 20, have to be involved in the collection of the waste as a result of the collection of the waste, and that the waste collected has been left to the obligation to supply the waste referred to in paragraph 1.

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Section 26 Voluntary Withdrawal

(1) The Federal Ministry for the Environment, Nature Conservation and Nuclear Safety is authorized, after consultation of the parties concerned (§ 68), by means of a legal regulation without the consent of the Federal Council, to lay down targets for the voluntary withdrawal of waste (2) The manufacturer and the distributor, the products and the waste remaining after use of the products, voluntarily withdraw, shall have this before the competent authority before the date of commencement of the (3) The recovery shall be reported to the extent that the withdrawal includes hazardous waste. (3) The competent authority designated in accordance with paragraph 2 shall, at the request of the manufacturer or distributor, the products produced or sold by him, after use thereof, as hazardous waste in its own facilities or facilities or in installations or Entities voluntarily withheld from third parties, from obligations to carry out the verification in accordance with § 50 on the disposal of hazardous waste, until the conclusion of the withdrawal of the waste and obligations pursuant to section 54 of the exemption, if:

1.

the voluntary withdrawal takes place in order to take account of product responsibility within the meaning of section 23;

2.

the return of the circular economy is encouraged and

3.

the environmentally sound recovery or disposal of the waste is maintained.

The withdrawal in accordance with the first sentence shall be deemed to have been completed at the latest by the acceptance of the waste at a facility for further disposal, with the exception of installations for the interim storage of the waste, to the extent that no earlier date is determined in the exemption. The application for exemption may be linked to the notification referred to in paragraph 2. (4) The exemption provided for in paragraph 3 shall apply to the Federal Republic of Germany, in so far as no restricted application is requested or ordered. The competent authority responsible for the exemption shall send a copy of the exemption certificate to the competent authorities of the countries in which the waste is withdrawn. (5) Dangerous producers, owners, carriers or the disposal of hazardous waste. Until the conclusion of the withdrawal referred to in paragraph 3, waste shall be exempted from the obligation to provide evidence in accordance with Article 50 in so far as it shall return the waste to a manufacturer or distributor or dispose of the waste on its behalf, the waste referred to in paragraph 3 of this Article for such waste. Obligation to follow-up. The competent authority may make the return or disposal of conditions subject to the temporary or conditionality of such conditions, to the extent necessary to ensure environmentally sound recovery and disposal. (6) the competent authority referred to in paragraph 2 shall, at the request of the manufacturer or of the distributors, establish that the withdrawal of waste is indicated in the exercise of product responsibility in accordance with Article 23 if the conditions laid down in the first sentence of paragraph 3 have been met. Paragraph 4 shall apply accordingly. Unofficial table of contents

Section 27 Owner's duties after withdrawal

Manufacturers and distributors who withdraw waste pursuant to a regulation pursuant to § 25 or voluntarily shall be subject to the obligations of an owner of waste.

Part 4
Planning responsibility

Section 1
Order and implementation of waste disposal

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Section 28 Order of waste disposal

(1) Waste may only be treated, stored or deposited for the purpose of disposal in the installations or installations approved for this purpose (waste disposal facilities). By way of derogation from the first sentence, the treatment of waste for disposal shall also be permitted in such plants which are primarily intended for a different purpose than the disposal of waste and which require a permit pursuant to Section 4 of the Federal Immission Control Act. The storage or treatment of waste for disposal in the waste disposal facilities used for these purposes is also permitted, insofar as these are not subject to the Federal Immission Control Act due to their low impairment potential. In accordance with § 23 of the Federal Immission Control Act or in a legal regulation according to § 16 nothing else is required. Liquid waste, which is not waste water, can be subject to the requirements of § 55 (3) of the Water Resources Act of 31 July 2009 (BGBl. 2585), as last amended by Article 1 of the Law of 6. October 2011 (BGBl. 2) The competent authority may, on a case-by-case basis, grant exemptions from the first sentence of paragraph 1, subject to the withdrawal of the withdrawal, provided that this is the welfare of the general public. (3) The State Governments may, by means of a regulation, authorise the disposal of certain wastes or certain quantities of such waste outside installations within the meaning of the first sentence of paragraph 1, where there is a need for such waste and an impairment of the well-being of the general public is not to be provided. In this case, they may also determine the conditions and the manner in which they are removed by means of a regulation. The State governments may transfer the authorisation in whole or in part to other authorities by means of a legal regulation. Unofficial table of contents

Section 29 Implementation of the disposal of waste

(1) The competent authority may require the operator of a waste disposal facility to co-use the waste disposal facility in accordance with § 15 as well as to the public waste disposal providers within the meaning of § 20. an appropriate fee, in so far as it cannot, in another way, remedy the waste either appropriately or only with significant additional costs, and that it is reasonable for the operator to use the waste. If an agreement on the remuneration is not reached, it shall be fixed at the request of the competent authority. At the request of the person pledged in accordance with the first sentence, the beneficiary may be obliged to take over waste of the same type and quantity after the removal of the reasons for the allocation, rather than the payment of a reasonable fee. The obligation to act may only be made if the law does not conflict with this law; the fulfilment of the basic duties according to § 15 must be ensured. The competent authority shall be required to require the disposal of a waste management concept to be required by the competent authority to submit a waste management concept and to use it as a basis for its decision. (2) The competent authority may: the operator of a waste disposal facility, which is able to dispose of waste more economically than the public-service waste disposal carrier, shall, at its request, transfer the disposal of such waste. The transfer may be accompanied, in particular, by the requirement that the applicant shall dispose of all the waste incurred in the territory covered by the public service providers against reimbursement of the costs if the costs of such waste are to be reimbursed. to remove the remaining waste, or only with a disproportionate effort, if the applicant states that it is unreasonable to dispose of the remaining waste, including the remaining waste (3) The competent authority may or may not be responsible for the An operator of a mineral extraction establishment and the owner, owner or otherwise of a right to dispose of a land used for the extraction of mineral resources shall require the disposal of waste in uncovered construction in its installation or within its own land, to allow access during normal operating or business hours, and in so far as it is essential to make available to existing operating facilities or facilities or parts thereof. The costs incurred by the pledge in accordance with the first sentence shall be reimbursed by the person responsible for disposal. If an agreement is not reached on the reimbursement of costs, they shall be fixed at the request of the competent authority. The priority of mineral extraction in relation to the disposal of waste must not be affected. The Duldliable shall not be liable for any damage resulting from the disposal of waste. (4) The dumping of waste into the high seas and the incineration of waste on the high seas shall be subject to the conditions laid down in the High-See-Einduction Act of 25 August. 1998 (BGBl. 2455), as last amended by Article 72 of the Regulation of 31 December 2008. October 2006 (BGBl. 2407), has been amended. Baggergut may be introduced into the high seas in accordance with the law referred to in sentence 1, taking into account the respective ingredients.

Section 2
Waste management plans and waste prevention programmes

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Section 30 Waste management plans

(1) Countries shall draw up waste management plans for their territory on the basis of local aspects. The waste management plans shall represent the following:

1.

the objectives of the prevention of waste, the recycling of waste, in particular the preparation for re-use and recycling, as well as waste disposal,

2.

the existing situation of waste management,

3.

the necessary measures to improve the recovery of waste and waste disposal, including an assessment of their suitability for achieving the objectives, and

4.

waste disposal facilities, which are used to ensure the disposal of waste and the recovery of mixed waste from private households, including those collected in other areas of origin, in the domestic sector are required.

The waste management plans shall indicate the following:

1.

authorised waste disposal facilities within the meaning of the second sentence of sentence 2, and

2.

the areas eligible for landfills, other waste disposal facilities and waste disposal facilities within the meaning of the second sentence of point 4.

The waste management plans may also determine which disposal carrier is provided and which waste disposal facility within the meaning of the second sentence of the second subparagraph shall have to be used by the waste disposal authorities. (2) In the presentation of the needs, future developments to be expected within a period of at least ten years. Waste management concepts and waste balances shall be evaluated to the extent necessary for the presentation of the needs. (3) An area may be considered to be suitable within the meaning of the third sentence of paragraph 1, point 2, if its location, size and nature are with regard to the intended use with the waste management objectives in the plan area, and for the benefit of the general public, the suitability of the area is not clearly contrary to the interests of the general public. The area designation referred to in the third sentence of paragraph 1 is not a prerequisite for the planning or approval of the waste disposal facilities listed in § 35. (4) The expultions within the meaning of the third sentence of the third sentence of paragraph 2 and the fourth sentence of paragraph 1 may be applied to: (5) In the case of waste management planning, the objectives of spatial planning must be observed and the principles and other requirements of spatial planning should be taken into consideration. § 8 Paragraph 6 of the Spatial Planning Act remains unaffected. (6) The waste management plans shall contain at least

1.

information on the nature, quantity and origin of the waste produced in the territory and of the waste likely to be transferred from or into German territory, and an assessment of the future development of waste streams;

2.

Information on existing waste collection systems and significant disposal and recovery facilities, including special arrangements for waste oils, hazardous waste or waste streams, for which special provisions are laid down in accordance with this law or on grounds of of this law shall be governed by law,

3.

an assessment of the need for new collection systems, the decommissioning of existing or the establishment of additional waste facilities as referred to in the third sentence of paragraph 1, point 1, and, where necessary, the investments in this regard,

4.

adequate information on the settlement criteria for the location of the site and on the capacity of future disposal installations or of significant recycling facilities,

5.

general waste management strategies, including planned waste management technologies and procedures, or waste management strategies, which raise particular management problems.

(7) Waste management plans may continue to contain

1.

information on the organisational aspects of waste management, including a description of the sharing of responsibilities between public and private actors involved in waste management;

2.

assessing the usefulness and appropriateness of the use of economic and other instruments to address various waste problems, taking into account the need to maintain the smooth functioning of the internal market,

3.

the use of awareness-raising campaigns, as well as information for the public or a specific consumer group,

4.

Information on closed contaminated waste disposal sites and measures to be taken to clean up the waste.

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Section 31 List of waste management plans

(1) Countries are to coordinate their waste management plans with each other and with each other. Where planning is required to cross the border of a country, the countries concerned shall, when drawing up the waste management plans, establish the requirements and measures in mutual consultation. (2) The waste management plans are to involve the municipalities and the counties as well as their respective associations and the public service providers. (3) The public waste disposal providers have to produce the and Continuing waste management concepts and waste balances to submit, at the request of the competent authority, the evaluation of waste management planning. (4) Countries shall determine the procedure for drawing up the plans and their obligation to make a binding declaration. Paragraphs 1 to 3 and § 32 shall remain unaffected. (5) The plans shall be evaluated at least every six years and shall be updated if necessary. Unofficial table of contents

Section 32Participation of the public in drawing up waste management plans, informing the public

(1) When establishing or amending waste management plans according to § 30, including special chapters or separate sub-plans, in particular on the disposal of hazardous waste, waste batteries and accumulators or packaging; and Packaging waste shall be the subject of public participation by the competent authority. The establishment or modification of a waste management plan and information on the participation procedure shall be published in an official publication and in other appropriate ways. (2) The draft of the new or amended version Waste management plans, as well as the reasons and considerations on which the draft is based, are to be interpreted for one month. Up to two weeks after the expiry of the period of interpretation, the competent authority may give its opinion in writing. The date of the expiry date shall be notified in the notice referred to in the second sentence of paragraph 1. Opinions received within the time limit shall be taken into account by the competent authority in the decision on the adoption of the plan. (3) The adoption of the plan shall be made by the competent authority in an official publication, and to make publicly available on a publicly accessible website, in summary form, on the conduct of the participation process and on the reasons and considerations on which the decision taken is based. The plan shall be interpreted for the purpose of viewing the public, which shall be indicated in the public notice referred to in the first sentence. (4) Paragraphs 1 to 3 shall not apply if the waste management plan is a plan (5) Without prejudice to the public participation referred to in paragraphs 1 to 4, the public shall inform the public of the Status of waste management planning. The information shall include a summary and evaluation of the waste management plans, a comparison with the previous and a forecast for the following, in compliance with the existing confidentiality requirements. Device period. Unofficial table of contents

Section 33 Waste prevention programmes

(1) The Federal Government shall draw up a waste prevention programme. Countries can take part in the preparation of the waste prevention programme. In this case, they contribute independently responsible contributions for their respective areas of responsibility; these contributions are included in the Federal Waste Prevention Programme. (2) Insofar as the countries do not comply with a waste prevention programme of the Federal Republic of Germany, the Federal government, they draw up their own waste prevention programmes. (3) The waste prevention programme

1.

Sets out the waste prevention targets; the objectives are to decouple economic growth and the impact of waste generation on man and the environment;

2.

Presents the existing waste prevention measures and assesses the appropriateness of the appropriate waste prevention measures specified in Annex 4 or other appropriate waste prevention measures;

3.

shall, where necessary, lay down further waste prevention measures; and

4.

Provides appropriate, specific, qualitative or quantitative standards for defined waste prevention measures, which monitor and evaluate the progress made in the measures; as a benchmark, indicators or other appropriate specific qualitative or quantitative targets are used.

(4) The countries referred to in paragraph 1 or the waste prevention programmes of the countries referred to in paragraph 2 may be included in the waste management plans in accordance with § 30, or may be drawn up as an independent environmental policy programme or part of such a programme. If a contribution or a waste prevention programme is included in the waste management plan or in another programme, the waste prevention measures must be clearly indicated. (5) The waste prevention programmes shall be for the first time on 12 December 2013. , to evaluate every six years and to update them if necessary. When establishing or amending waste prevention programmes, the public shall be required to participate in the competent authority in accordance with Article 32 (1) to (4). The Federal Ministry for the Environment, Nature Conservation and Nuclear Safety, or a body to be determined by the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety, is responsible for the preparation of the Federal Waste Prevention Programme. The waste prevention programme of the Federal Government is drawn up in agreement with the Federal Ministries of the Federal Republic of Germany.

Section 3
Approval of installations in which waste is disposed of

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§ 34 exploration of suitable locations

(1) Owners and beneficiaries of land have to be condoned, that representatives of the competent authority and of the public service providers are responsible for the exploration of suitable sites for landfills and public access Waste disposal plants enter land with the exception of dwellings and carry out measurements, soil and groundwater tests as well as similar measures. The intention to enter land and carry out such measures is to be notified in advance to the owners and the users of the land. (2) The competent authority and the public service providers shall have after the completion of the measures, restore the previous condition immediately. You can arrange to maintain facilities created during the exploration process. The facilities shall be removed if they are no longer required for exploration, or if a decision has not been taken within two years of the establishment of the institution and the owner or (3) Owners and persons entitled to use of land may, for the purposes of the measures referred to in paragraph 1 or 2, be entitled to the property rights of the property of the the competent authority shall require compensation in money. Unofficial table of contents

Section 35 Planning and approval

(1) The establishment and operation of installations in which waste disposal is carried out and the substantial modification of such an installation or operation shall be subject to approval in accordance with the provisions of (2) The establishment and operation of landfill sites, as well as the substantial modification of such a plant or its establishment, require the planning of the installation by the competent authority. In the planning procedure an environmental impact assessment must be carried out in accordance with the provisions of the law on environmental impact assessment. (3) § 74 (6) of the Administrative Procedure Act shall apply with the proviso that the competent authority shall: authority may only grant a plan approval in place of a planning approval decision on request or on its own grounds, if:

1.

the establishment and operation of an insignificant landfill shall be requested in so far as the establishment and operation do not adversely affect any significant adverse effects referred to in Article 2 (1) sentence 2 of the Environmental Impact Assessment Act (EIA) can have good protection, or

2.

the substantial modification of a landfill or of its holding is requested in so far as the change cannot have a significant adverse effect on a property referred to in Article 2 (1) sentence 2 of the Environmental Impact Assessment Act, or

3.

the establishment and operation of a landfill site, which is exclusively or primarily intended for the development and testing of new procedures, and which shall be granted for a period not exceeding two years after the installation has been put into operation where this landfill is used for the disposal of hazardous waste, the authorisation may be granted for a period not exceeding one year after the installation has been put into operation.

The competent authority shall carry out an authorisation procedure if the material change does not have a significant adverse effect on a property referred to in Article 2 (1), second sentence, of the Environmental Impact Assessment Act, and the The aim is to bring about a substantial improvement in these protection goods. A plan approval according to the first sentence of paragraph 1 cannot be granted

1.

landfill sites for the disposal of hazardous waste;

2.

for landfill sites for the storage of non-hazardous waste with a capacity of 10 tonnes or more per day or with a total capacity of 25 000 tonnes or more; this shall not apply to landfills for inert waste.

(4) § 15 (1) sentence 1 to 4 and paragraph 2 of the Federal Immission Protection Act shall apply accordingly. Sentence 1 shall also apply to the landfill sites referred to in § 39. (5) For changes to be displayed in accordance with paragraph 4, the institution of the project may request a plan determination or a plan approval. Unofficial table of contents

§ 36 Grant, security, secondary provisions

(1) The plan determination decision pursuant to Article 35 (2) may only be issued or the planning permission in accordance with § 35 (3) may only be granted if:

1.

ensuring that the good of the general public is not affected, in particular:

a)

are not likely to be caused by the protection goods referred to in Article 15 (2), second sentence,

b)

protection against the impairments of the protective goods referred to in Article 15 (2), second sentence, primarily by means of structural, operational or organisational measures in accordance with the state of the art; and

c)

energy-efficient and efficient use,

2.

are not aware of any facts from which there are concerns about the reliability of the operator or of the persons responsible for the establishment, management or supervision of the holding or for the aftercare of the landfill,

3.

the persons referred to in point 2 and the other staff have the technical and technical expertise required for their activities,

4.

no adverse effects on the right of another are to be expected, and

5.

the findings of a waste management plan do not preclude the project from being made mandatory.

(2) The adverse effects referred to in paragraph 1 (4) shall not preclude the adoption of a plan-setting decision or the granting of a plan-approval if it is prevented by conditions or conditions, or , or the person concerned does not object to the adverse effects on his or her right. Paragraph 1 (4) shall not apply where the project serves the good of the general public. If, in this case, the planning decision is adopted, the person concerned shall be indebted in money for the resulting asset disadvantage. (3) The competent authority shall require that the operator of a landfill site for the recultivation of the property , as well as for the prevention or elimination of impairments of the good of the general public, after decommissioning of the system, provides security within the meaning of § 232 of the Civil Code or provides an equivalent means of security. (4) The Planning approval decision and the planning permission referred to in paragraph 1 may be subject to conditions shall be subject to conditions attached and fixed for a limited period in so far as this is necessary in order to safeguard the well-being of the general public. The competent authority shall, on a regular basis and on a special occasion, verify that the planning decision and the planning approval referred to in paragraph 1 are in accordance with the latest standards referred to in paragraph 1 (1) to (3) and (5). The inclusion, amendment or amendment of requirements relating to requirements for landfill or its holding shall be allowed even after the planning approval decision has been issued or after the granting of the planning permission. The Federal Government is authorized, after consulting the parties concerned (§ 68), to determine, by means of a legal regulation with the consent of the Federal Council, when the competent authority must carry out verifications and adopt the conditions set out in the third sentence . Unofficial table of contents

Section 37 Admission of the early beginning

(1) In a planning or planning approval procedure, the competent authority responsible for determining the plan or granting of the planning authorisation may, subject to withdrawal, allow for a period of six months that already before: the establishment of the plan or the granting of the planning authorisation with the establishment, including the measures necessary to verify the operation of the landfill, shall be commenced if:

1.

can be expected to take a decision in favour of the institution of the project,

2.

there is a public interest in the early beginning, and

3.

the institution of the project undertakes to replace all the damage caused by the execution of the project until the decision has been made and, unless a plan determination decision or planning permission is granted, to restore the former condition.

This period may be extended by six months on request. (2) The competent authority shall require the performance of a security to the extent necessary to fulfil the obligations of the institution of the project referred to in the first sentence of paragraph 1. Number 3. Unofficial table of contents

Section 38 Planning procedures and other administrative procedures

(1) § § 72 to 78 of the Administrative Procedure Act shall apply to the planning procedure. The Federal Government is empowered to regulate further details of the planning and planning approval procedure by means of a legal regulation with the consent of the Federal Council, in particular:

1.

the nature and extent of the application documents,

2.

details of the notification procedure laid down in Article 35 (4),

3.

details of the procedure for the determination of the final decommissioning pursuant to Article 40 (3) and

4.

details of the procedure for determining the closure of the after-care period in accordance with Article 40 (5).

(2) objections within the scope of the authorisation procedure can only be made in writing within the time limit laid down by law. Unofficial table of contents

Section 39 Waste disposal facilities

(1) The competent authority may, for landfills operated before 11 June 1972 or commenced with the establishment of the landfill, arrange for the establishment of a period of time, conditions and conditions for the establishment of such landfills. It may prohibit the operation of these installations in whole or in part if a significant impairment of the well-being of the general public cannot be prevented by conditions, conditions or deadlines. (2) In the case referred to in Article 3 of the The territory referred to in the contract may order the competent authority for landfills, which were operated before 1 July 1990, or which had begun to be set up, to order the dates, conditions and conditions for the establishment and operation of such sites. The second sentence of paragraph 1 shall apply accordingly. Unofficial table of contents

Section 40 Decommissioning

(1) The operator of a landfill shall immediately notify the competent authority of its intended decommissioning. The notification shall be accompanied by a dossier on the nature, scope and mode of operation, as well as the intended recultivation and other precautions for the protection of the good of the general public. (2) Insofar as appropriate arrangements have not yet been made in the Planning approval decision pursuant to § 35 (2), the planning permission pursuant to § 35 (3), in terms of conditions and conditions pursuant to § 39 or the environmental regulations applicable to the landfill, the competent authority has the operator of the the landfill,

1.

to recultivate the land used for a landfill as referred to in paragraph 1,

2.

to meet at its expense all other necessary arrangements, including the monitoring and control measures during the after-care phase, in order to comply with the requirements referred to in Article 36 (1) to (3) even after the decommissioning, and

3.

to report to the competent authority all monitoring results which provide evidence of significant adverse effects on man and the environment.

If there is a suspicion that harmful soil changes or other risks to the individual or the general public from a permanently decommissioned landfill in accordance with paragraph 3 are to be found, the collection, investigation, evaluation and remediation of the landfill shall be subject to the following conditions: (3) The competent authority has to determine the closure of the decommissioning (final closure). (4) The obligation under paragraph 1 shall also apply to operators of installations in which dangerous (5) The competent authority has, on request, the conclusion of the After-care phase. Unofficial table of contents

Section 41 Emission declaration

(1) The operator of a landfill shall be obliged to provide the competent authority with information on the type and quantity and the spatial and temporal distribution of the emissions from the date fixed in the regulation referred to in paragraph 2 of this Article. In accordance with the legal regulation referred to in paragraph 2, it shall be supplemented in accordance with the latest state of the art in accordance with the provisions of the Regulation. This does not apply to landfill operators, of which only a small amount of emissions can be emitted. The competent authority may, by way of derogation from the first sentence, set a shorter period of time, provided that this is necessary in individual cases on the basis of special circumstances. (2) The Federal Government is authorized, by means of a regulation with the consent of the Federal Council, to: determine which landfills and for which emissions the obligation to draw up the emissions declaration applies, as well as the content, scope, form and timing of the issuing of the emission declaration and the procedures to be followed in the determination of emissions. The legal regulation also determines which operators are exempted from the obligation to submit an emission declaration pursuant to the second sentence of paragraph 1. (3) § 27 (1) sentence 2, paragraphs 2 and 3 of the Federal Immission Protection Act shall apply accordingly. (4) The The obligation under paragraph 1 to issue an emission declaration shall result from the entry into force of the legal regulation referred to in paragraph 2. Unofficial table of contents

Section 42 Access to information

Planning decisions pursuant to § 35 (2), planning permission pursuant to § 35 (3), orders in accordance with § 39 and all refusals and amendments to these decisions, as well as the results of the monitoring of the decisions of the competent authority, which are available from Emissions from a landfill are available to the public in accordance with the provisions of the Environmental Information Act, with the exception of § 12 of the Environmental Information Act; national law is applicable to the state authorities. Unofficial table of contents

Section 43 Requirements for landfill sites

(1) The Federal Government is authorized, after consultation of the parties concerned (§ 68) by means of a regulation with the consent of the Federal Council, to require that the establishment, the condition, the holding, the condition after decommissioning and the in order to comply with Article 36 (1) and Articles 39 and 40, and to implement European Union legislative acts on the purposes set out in paragraph 1 above, in order to comply with the requirements laid down in paragraph 1, in particular:

1.

the sites must comply with certain requirements,

2.

the landfills must comply with specific operational, organisational and technical requirements;

3.

the waste landed in landfills must comply with certain requirements; in particular, it may be determined that waste with certain metal contents must not be deposited and which waste is considered to be inert waste,

4.

the emissions from landfills may not exceed certain limit values,

5.

the operators have to carry out or have to carry out certain measuring and monitoring measures during the operation and after the after-care period,

6.

operators must be required to carry out certain tests by an expert

a)

during construction or otherwise prior to the commissioning of the landfill,

b)

after the disposal of the landfill or a modification within the meaning of Article 35 (2) or (5),

c)

at regular intervals, or

d)

at or after decommissioning,

7.

they are authorised by the competent authority only after they have been approved,

a)

to put the landfill into service,

b)

to make a substantial change in operation, or

c)

complete the decommissioning,

8.

in the event of certain events, the operator must, within certain time limits, inform the competent authority, must take the necessary measures to limit and avoid adverse effects on the good of the general public, or the competent authority shall require the operator to take such measures,

9.

the operators of the competent authority, during the operation and in the after-care phase, without delay, all the monitoring results from which there are indications of significant adverse environmental effects, as well as certain events which may result in such a situation be able to report and report regularly to the competent authority on the results of the measurement and monitoring measures prescribed in the regulation.

In determining the requirements, particular consideration shall be given to possible shifts in adverse effects from one product to another; a high level of protection for the environment as a whole is to be ensured. (2) In the The legal regulation referred to in paragraph 1 may be determined as to the extent to which the requirements laid down in paragraph 1 for the provision of protection against impairments of the protected goods referred to in Article 15 (2), second sentence, shall be met after the expiry of certain transitional periods. where the date of entry into force of the legal regulation in a Plan determination decision, a plan approval or a national law requirement have been made less stringent requirements. In determining the duration of the transitional periods and the requirements to be complied with, the type, nature and quantity of the waste deposited, the conditions of location, the nature, quantity and danger of the waste from the landfill sites shall be determined. emissions as well as the useful life and technical characteristics of the landfill sites. Sentences 1 and 2 shall apply in accordance with the landfill sites referred to in § 39 (1) and (2). (3) The Federal Government is authorized, after consultation of the parties concerned (§ 68), to prescribe, with the consent of the Federal Council, by means of a decree law with the consent of the Federal Council, which Requirements for the reliability, physical and technical knowledge of the persons responsible for the establishment, management or supervision of the operation of the landfill, and the technical and technical expertise of the other personnel, including the (4) The training of the persons responsible and of the other staff. Federal Government is empowered to act with the consent of the Federal Council

1.

to determine that the operators of certain landfill sites must provide security within the meaning of Section 232 of the Civil Code or provide other equivalent means of security,

2.

to lay down rules on the nature, extent and level of the security to be provided pursuant to Article 36 (3), in the sense of Section 232 of the Civil Code or any other equivalent safeguard, and

3.

to determine the length of the security provided for in point 1 or the need to provide another equivalent means of security.

(5) The legal regulation referred to in paragraph 1 may also determine procedures for the verification of the requirements laid down therein, in particular procedures in accordance with § 10 (2) (1) to (9) and (3). Unofficial table of contents

Section 44 Costs of disposal of waste

The private-sector charges to be charged by the operator for the dumping of waste must all cost the establishment and operation of the landfill, including the costs of a security to be provided by the operator in the sense of , cover the estimated costs of decommissioning and post-treatment for at least 30 years, of the Civil Code or of an equivalent collateral to be provided. Insofar as this is done in accordance with sentence 1, by exemptions under Article 4 (3) of the Environmental Framework Act of 29 June 1990 (GBl. 649), as defined by Article 12 of the Law of 22 March 1991 (BGBl). 766, 1928), a corresponding assessment of the costs of decommissioning and after-care as well as the cost of the security benefit in the calculation of charges is deleted. (2) The operator has the following in paragraph (3) The fees charged by the public service providers shall be determined by the competent authority within a time limit to be set by the competent authority. (4) The provisions of paragraphs 1 to 3 shall apply in accordance with the coverage of the Costs of installations requiring approval for the storage of waste within the meaning of the Federal Immission Control Act, to the extent that, in these plants, waste before their disposal in each case over a period of more than one year or waste prior to their recovery in each case over a period of more than three years.

Part 5
Promotion of sales and waste management

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Section 45 obligations of the public authorities

(1) The federal authorities, as well as the legal persons under public law, special funds and other bodies under the supervision of the Federal Government, are obliged to contribute to the performance of § 1 through their conduct. In particular, taking into account § § 6 to 8 in the design of work processes, the procurement or use of materials and consumer goods, in the case of construction projects and other orders, they have to consider whether and to what extent

1.

products can be used,

a)

which are characterized by longevity, ease of repair and re-usability, or usability,

b)

which, in comparison with other products, lead to less or less polluting waste, or

c)

which have been produced by preparation for re-use or recycling from waste, and

2.

the waste resulting from the use of the products may be recovered, with special attention to the primacy of preparation for re-use and recycling.

The bodies referred to in the first sentence of paragraph 1 shall, in the context of their possibilities, ensure that the companies of the private law in which they participate comply with the obligations laid down in paragraph 1. (3) The public authorities shall have the right to To take account of the obligations laid down in paragraphs 1 and 2 for the use of products or materials and for the protection of man and the environment in accordance with other legislation. Unofficial table of contents

Section 46 Waste advice obligation

(1) In the context of the tasks assigned to them, the public service providers within the meaning of § 20 are obliged to provide information and advice on ways of preventing, recycling and disposing of waste in self-administration. The Chambers of Industry and Commerce, Chambers of Crays and Chambers of Agriculture are also obliged to provide advice. (2) The competent authority has to provide information on appropriate waste disposal facilities according to this law for disposal. .

Part 6
Monitoring

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§ 47 General surveillance

(1) The prevention in accordance with the legal regulations issued pursuant to sections 24 and 25 of this Regulation and waste management shall be subject to supervision by the competent authority. § 25 (1) and (3), § 26 (2) and (3), § 27 (1), § 28 (1) and (2) and (4) sentence 1 and 2 of the Product Safety Act of 8 November 2011 (BGBl) are required for the enforcement of the legal regulations issued in accordance with § § 24 and 25 of the Act. I p. 2178, 2179). The persons required by the second sentence shall be obliged to allow the entry of commercial and operating land and premises outside the normal business hours and the entry of living spaces where this is necessary to prevent urgent risks. is required for public safety or order. The fundamental right to inviolability of the dwelling (Article 13 (1) of the Basic Law) is restricted to this extent. (2) The competent authority shall verify at regular intervals and to an appropriate extent producers of hazardous waste, installations and Companies that dispose of waste, as well as collectors, carriers, traders and brokers of waste. The inspection of the activities of the collectors and carriers of waste shall also cover the origin, nature, quantity and destination of the collected and transported waste. (3) Information on the operation, installations, facilities and other types of waste the monitoring of subject-matter shall, on request, give the staff and agents of the competent authority

1.

producers and owners of waste,

2.

on the disposal of waste,

3.

operators and former operators of undertakings or installations which dispose of or dispose of waste, even where those installations are closed, and

4.

Collectors, carriers, traders and brokers of waste.

The persons responsible for providing information pursuant to the first sentence shall have the staff and agents of the competent authority responsible for checking compliance with their obligations in accordance with § § 7 and 15, entering the land, as well as the business and operating rooms. to allow for the usual business hours, the inspection of documents and the taking of technical investigations and tests. The persons responsible for providing information pursuant to the first sentence shall also be obliged to allow, for those purposes, the entry of commercial and operating land and premises outside the normal business hours and the entering of living spaces, if: whereas this is necessary in order to prevent urgent threats to public security or order; The fundamental right to inviolability of the dwelling (Article 13 (1) of the Basic Law) is restricted to this extent. (4) Operators of recovery and waste disposal facilities or of installations in which waste is co-used or co-eliminated, to make these facilities available to the staff or agents of the competent authority, to provide the necessary human resources, tools and documents for the purpose of monitoring and to ensure that the competent authority has arranged the competent authority in order to ensure that the necessary equipment is available to the The operation of the plant shall be checked at its own expense. (5) For the costs of the operation of the plant § 55 of the Code of Criminal Procedure shall apply in accordance with Section 55 of the Code of Criminal Procedure. (6) The supervisory powers of the authorities referred to in paragraphs 1 to 5 shall also extend to the examination of whether certain substances or objects are in accordance with the provisions of § § 4 and 5 are not to be regarded as waste or as waste. (7) For all landfills subject to authorisation, the competent authorities in their area of competence shall establish monitoring plans and monitoring programmes for the implementation of the Paragraphs 1 to 4. The first sentence shall not apply to landfills for inert waste and landfills, which have a capacity of 10 tonnes or less per day and a total capacity of 25 000 tonnes or less. The monitoring referred to in the first sentence shall include, in particular, the monitoring of the establishment, on-the-spot surveys, the monitoring of emissions and the verification of internal reports, follow-up documents, and measurements and controls, the review of the Self-control, the examination of the techniques used and the suitability of the environmental management of the landfill. The Federal Government is authorized, after consultation of the parties concerned (§ 68), to determine, by means of a regulation with the consent of the Federal Council, the details of the content of the monitoring plans and monitoring programmes according to the first sentence. (8) The Länder submit information on the implementation of Directive 2010 /75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions, as requested by the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety (Integrated pollution prevention and control) (recast version) (OJ C 327, 28.4.2002 17), in particular on representative data on emissions and other types of pollution, on emission limit values and on the application of the state of the art technology. The countries shall make this information available electronically. The nature and form of the information to be transmitted by the countries and the date of their transmission shall be determined in accordance with the requirements laid down in Article 72 (2) of Directive 2010 /75/EU. § 5 (1) sentence 2, paragraphs 2 to 6 of the Act concerning the implementation of the Protocol on the Pollutant Release and Displacement Registers of 21 May 2003 and the implementation of Regulation (EC) No 166/2006 of 6 June 2007 (BGBl. (9) The competent authority may order that the operator of a landfill has to submit to it data listed in an implementing act in accordance with Article 72 (2) of Directive 2010 /75/EU, and which shall be Compliance with the reporting requirements referred to in paragraph 6 shall be required where such data are not already available to the competent authority pursuant to other provisions. § 3 (1), second sentence, and § 5 (2) to (6) of the Act concerning the implementation of the Protocol on the Pollutant Release and Displacement Registers of 21 May 2003 and the implementation of Regulation (EC) No 166/2006 shall apply accordingly. Unofficial table of contents

Section 48 Waste designation, hazardous waste

The disposal and monitoring of hazardous waste shall be subject to specific requirements in accordance with the provisions of this Act. In order to implement legal acts of the European Union, the Federal Government is authorized, after consultation of the parties concerned (§ 68), by means of a legal regulation with the consent of the Federal Council, to designate waste and hazardous waste and to permit the determination of hazardous waste by the competent authority on a case-by-case basis. Unofficial table of contents

Section 49 Register obligations

The operators of installations or undertakings which dispose of waste in a method according to Appendix 1 or Appendix 2 (waste disposal waste) shall keep a register in which, as regards the operations referred to in Appendix 1 or Appendix 2, the following information shall be provided: listed are:

1.

the quantity, the species and the origin, and

2.

the determination, the frequency of the collection, the mode of transport and the nature of recovery or disposal, including preparation for recovery or disposal, to the extent that such information is intended to ensure the proper functioning of the Waste management is important.

Disposal means which treat or store waste shall have the information required in accordance with paragraph 1, in particular the determination of the waste treated or stored, also for further disposal, as far as is necessary to: The purpose of the waste disposal facility is to ensure proper disposal. Dispensers according to the first sentence are determined by means of a legal regulation pursuant to § 52 (1) sentence 1. (3) The obligation pursuant to paragraph 1 to lead a register shall also apply to producers, owners, collectors, carriers, dealers and brokers of hazardous waste. (4) The competent authority shall be required to provide the registers or to communicate information from those registers. (5) The producers, owners, distributors, brokers and other persons who have entered a register or have entered into a register of hazardous waste shall be subject to the information provided by the competent authority. waste disposal of waste at least three years, the carrier of waste at least twelve To be kept in the register in each case from the date of registration or setting, in so far as a legal regulation does not require a longer period in accordance with § 52. (6) The registration requirements referred to in paragraphs 1 to 3 shall not apply to private individuals. Budget. Unofficial table of contents

§ 50 Post-compliance

(1) The producers, owners, collectors, carriers and waste disposal agents of hazardous waste must demonstrate to the competent authority, as well as to each other, the proper disposal of hazardous waste. The proof shall be kept

1.

before the disposal takes place in the form of a declaration by the producer, owner, collector or carrier of waste for disposal, a declaration of acceptance by the waste disposal facility and confirmation of the admissibility of the disposal provided for in the waste disposal by the competent authority and

2.

on the disposal or subsections of the disposal carried out in the form of declarations of the waste disposed of after the first sentence of the first sentence.

(2) The obligation to provide proof in accordance with paragraph 1 shall not apply to the disposal of hazardous waste which the producers or owners of waste dispose of in their own waste disposal facilities where such waste disposal facilities are located in a narrow spatial and the operational relationship with the installations or bodies in which the waste to be disposed of is incurred. The obligation to register in accordance with § 49 shall remain unaffected. (3) The obligation to provide proof in accordance with paragraph 1 shall not apply until the conclusion of the withdrawal or return of products or the hazardous waste remaining after the use of the products, which shall be shall be subject to withdrawal or restitution in accordance with section 25. The withdrawal or return of products and the waste remaining after the use of the products shall be deemed to have been completed at the latest by the adoption of a plant for further disposal, with the exception of installations for the intermediate storage of the waste, in so far as the legal regulation, which orders the return or withdrawal, does not determine an earlier date. (4) The obligation to provide evidence in accordance with paragraph 1 shall not apply to private household items. Unofficial table of contents

Section 51 Monitoring in individual cases

(1) The competent authority may order that the producers, owners, collectors, carriers, distributors, brokers or waste disposal agents, but excluding private households,

1.

to carry out and present registers or proofs or to provide information from the registers, in so far as obligations do not exist in accordance with § § 49 and 50; or

2.

comply with certain requirements in accordance with Article 10 (2) (2) and (3) and 5 to 8.

By arrangement according to the first sentence, it can also be determined that documents and registers are electronically conducted and that documents are to be presented in electronic form in accordance with § 3a (2) sentences 2 and 3 of the Administrative Procedures Act. (2) Is the producer, owner, Collectors, carriers, distributors, brokers or waste disposal companies of waste disposal specialist operations within the meaning of section 56 or of the audited company location within the meaning of § 61, the competent authority shall do so in the case of orders referred to in paragraph 1, in particular also in the With regard to possible restrictions on the extent or content of the obligation to provide proof, to consideration. This includes, in particular, the consideration of the documents examined by the environmental verifier and drawn up in the context of the participation in the Community Eco-Management and Audit Scheme (EMAS). Unofficial table of contents

Section 52 Requirements for evidence and register

(1) The Federal Government is authorized, after consultation of the parties concerned (§ 68) by means of a decree law with the consent of the Bundesrat, to comply with the obligations arising from § § 49 to 51, the more detailed requirements for the form, the content as well as the procedure for the management and presentation of the evidence, registers and the notification of certain information from the registers, as well as the determination of the assets or undertakings required pursuant to Article 49 (2). By means of a regulation according to the first sentence, it may also be determined that:

1.

proof in accordance with § 50 (1) sentence 2 number 1 after the expiry of a specified period of time is deemed to be confirmed or a confirmation is omitted, to the extent that the proper disposal remains guaranteed in each case,

2.

shall, at the request of the competent authority or of a previous owner, provide evidence of the management of the disposal of the Authority or of the former owner,

3.

for certain small quantities, which may also be determined in different ways by the nature and nature of the waste, or for individual waste management measures, waste types or waste groups, or not, or requirements, in so far as the proper disposal remains guaranteed,

4.

the competent authority, subject to the withdrawal, may, on request or on its own account, free all or part of the management of evidence or registers, in so far as the proper disposal remains to be ensured,

5.

the registers shall be kept in the form of a collection of the required documentary evidence or supporting documents in the form of a factual and time-ordered collection,

6.

the records and records must be kept up to the end of certain periods, and

7.

for the transport of waste, appropriate information should be provided for the purpose of monitoring.

(2) The legal regulation referred to in paragraph 1 may also be used to ensure that:

1.

to provide electronic records and registers and to submit documents in electronic form in accordance with the second and third sentences of § 3a (2) of the Administrative Procedure Act,

2.

the conditions necessary for the performance of the obligations referred to in paragraph 1 are created and maintained; and

3.

the competent authorities or the persons responsible for the following information on the technical conditions referred to in point 2, in particular the necessary access to the reception, as well as disturbances in the facilities required for communication, shall be communicated.

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Section 53 Collectors, carriers, traders and brokers of waste

(1) Collectors, carriers, traders and brokers of waste shall notify the activity of their holding prior to commenting the activity of the competent authority, unless the holding has a permit pursuant to Article 54 (1). The competent authority shall, without delay, confirm in writing the notification of the notification. The competent authority of the country in which the scoreboard has its head office is responsible. (2) The holder of a holding within the meaning of paragraph 1 as well as the persons responsible for the management and supervision of the holding must be reliable. The holder, as far as he is responsible for the management of the holding, the persons responsible for the management and supervision of the holding and the other staff must be informed of the technical and technical knowledge necessary for their activities. (3) The competent authority may make the activity indicated subject to conditions, provide for a temporary or limited period of time, to the extent that this is necessary in order to safeguard the well-being of the general public. It may request documents proving the reliability and the technical and technical knowledge of the indicating genus. It shall prohibit the activity indicated if it is known facts from which there are concerns about the reliability of the holder or of the persons responsible for the management and supervision of the holding, or where the person concerned is aware of the facts which have been indicated. (4) Evidence from another Member State of the European Union or of another State Party to the Agreement on the European Economic Area on the performance of the the requirements referred to in paragraph 2 shall be equivalent to domestic references if they are it is clear that the requirements in question or the requirements of the issuing State, which are essentially comparable on the basis of their objectives, are met. Equivalent proofs as set out in the first sentence shall be presented in the original or in copy at the request of the competent authority. A certification of the copy as well as a certified German translation may be required. (5) With regard to the examination of the required subject-matter and subject-matter in accordance with the second sentence of paragraph 2 of a scoreboard from another Member State of the European The Union or any other State Party to the Agreement on the European Economic Area shall apply in accordance with Article 36a (1), second sentence, (2) and (4), fourth sentence, of the Industrial Code; in the case of temporary and occasional activities of one in another Member State of the European Union or in another Contracting State of the Agreement A service provider established in the European Economic Area shall apply in accordance with the provisions of the second sentence of the second sentence of Article 13a (2) to (5) and the third paragraph of Article 13a (3) of the Commercial Code. (6) The Federal Government shall be authorized to: After consulting the parties concerned (§ 68) by means of a regulation with the consent of the Federal Council for the display and activity of the collectors, carriers, traders and brokers of waste, for collectors and carriers of waste, in particular under Taking into account the particularities of the respective modes of transport, transport routes or the the type of transport concerned;

1.

provisions concerning the form, content and procedure for the reimbursement of the notification, the requirements for reliability, the technical and technical knowledge and the proof of such a certificate,

2.

to order the procedure for the refund of the notification to be carried out electronically and to submit documents in electronic form in accordance with the second and third sentences of Article 3a (2) of the Administrative Procedure Law,

3.

, to remove certain activities from the obligation to notify referred to in paragraph 1 to the extent that an indication is not necessary for reasons of good general interest; and

4.

To determine the requirements for the taxable persons and their activities arising from the legislation of the European Union.

Footnote

(+ + + § 53 (1) to (5): For application, see Section 72 (4) + + +) Unofficial table of contents

Section 54 Collectors, carriers, traders and brokers of hazardous waste

(1) Collectors, carriers, traders and brokers of hazardous waste require permission. The competent authority shall give permission to:

1.

are not aware of any facts from which there are concerns about the reliability of the holder or the persons responsible for the management and supervision of the holding, and

2.

the holder, as far as he is responsible for the management of the holding, the persons responsible for the management and supervision of the holding and the other staff with the technical and technical knowledge necessary for their activities.

The competent authority of the country in which the applicant has its head office is responsible. The authorization provided for in the first sentence shall apply to the Federal Republic of Germany. (2) The competent authority may grant permission with secondary provisions to the extent that this is necessary for the protection of the good of the general public. (3) From the requirement of authorisation as referred to in paragraph 1 sentence 1 shall be excluded

1.

public-service waste management bodies and

2.

Disposal companies within the meaning of § 56, insofar as they are certified for the legally required activity.

(4) Permits from another Member State of the European Union or of another State Party to the Agreement on the European Economic Area shall be equal to the authorisations referred to in the first sentence of paragraph 1 as far as they are equivalent to them. When examining the application for the authorisation referred to in the first sentence of paragraph 1, proof of national evidence from another Member State of the European Union or of another State Party to the Agreement on the European Economic Area shall be the same, where they show that the applicant fulfils the relevant requirements of the second sentence of paragraph 1 or the requirements of the issuing State, which are essentially comparable in accordance with their objectives. The competent authority shall be submitted to the competent authority prior to the commensurate of the activity in the original or in the copy, in accordance with the first sentence and the other documents referred to in the second sentence. A certification of the copy as well as a certified German translation may be required. (5) With regard to the verification of the required subject-matter and subject-matter in accordance with the second sentence of the first sentence of paragraph 1 of an applicant from another Member State of the The European Union or any other State Party to the Agreement on the European Economic Area shall apply in accordance with the second sentence of Article 36a (1) (2), (2) and (4) of the Commercial Code; in the case of temporary and occasional activities, one in a other Member States of the European Union or in another Contracting State of the A service provider established on the European Economic Area shall apply in accordance with the provisions of the second sentence of the second sentence of the second sentence of the second sentence of Article 13a (2) to (5) and the third paragraph of Article 13a (3) of the Industrial Code. (6) Paragraphs 1 and 4 may be implemented through a single entity. Section 42a of the Administrative Procedure Act shall apply to the procedure provided for in paragraphs 1 and 4, provided that the applicant is a national of a Member State of the European Union or of another Contracting State of the Convention on the (7) The Federal Government is authorized, after consultation of the parties concerned (§ 68), by means of a decree law with the consent of the Federal Council for the following: Authorization and activity of collectors, carriers, traders and brokers of dangerous goods wastes, for collectors and carriers of hazardous waste, in particular taking into account the specific characteristics of the modes of transport, transport routes or modes of transport,

1.

Rules to be adopted on the application documents, the form, the content and the procedure for the granting of the permit, the requirements for the reliability, technical and technical knowledge and the proof thereof, the time limits for which the existence of the the conditions to be re-examined,

2.

to order the authorisation procedure to be carried out electronically and to submit documents in electronic form in accordance with the second and third sentences of Article 3a (2) of the Administrative Procedure Law,

3.

to remove certain activities from the authorisation requirement referred to in paragraph 1, in so far as a permit is not required for reasons of the good of the general public,

4.

to determine the requirements for and the activities of the authorisations subject to the legislation of the European Union, and

5.

shall arrange for appropriate documentation to be carried in the transport of waste for the purpose of monitoring.

Footnote

(+ + + § 54 (1) to (6): For application see Section 72 (4) + + +) Unofficial table of contents

Section 55 Labelling of vehicles

(1) Collectors and carriers shall provide vehicles with which they carry waste in the performance of their activities on public roads prior to the journey with two retro-reflective white warning signs as set out in the third sentence (A-Schilder). The first sentence shall not apply to collectors and carriers who collect or transport waste within the framework of economic undertakings. With regard to the requirements for the marking of the vehicles, § 10 of the Waste Shipments Act of 19 July 2007 (BGBl. 1462) as amended. (2) The Federal Government is empowered to provide for exceptions to the labelling obligation laid down in the first sentence of paragraph 1 in a regulation pursuant to § 53 (6) or § 54 (7). (3) Legislation adopted on the grounds of safety in connection with the transport of dangerous goods shall remain unaffected.

Part 7
Waste disposal companies

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§ 56 Certification of waste disposal companies

(1) Waste disposal companies shall contribute to the promotion of the circular economy and to ensuring the protection of man and the environment in the production and management of waste, in accordance with the legislation in force for this purpose. (2) Disposal specialist is a holding company which

1.

Waste collected, transported, stored, treated, treated, recovered, treated, treated or brokered by commercial undertakings or public bodies, in the context of economic undertakings or public bodies;

2.

in respect of one or more of the activities referred to in point 1, by a technical monitoring organisation or a waste disposal association, certified as a waste disposal company.

(3) The certificate may only be issued if the holding has the necessary requirements for the proper performance of its tasks to its organisation, its personnel, equipment and other equipment, its activities and the requirements of the Reliability and technical and technical expertise of its staff. In the certificate, the certified activities of the company, in particular in relation to its locations and facilities as well as the types of waste, must be described in detail. The certificate is for a limited period of time. The period of validity shall not exceed a period of 18 months. The existence of the conditions set out in the first sentence shall be reviewed at least annually by the technical monitoring organisation or the waste disposal community. (4) The certificate shall be issued to the holding by the technical monitoring organisation. or waste disposal community, to have the right to carry out a surveillance mark, which is the name of "specialist waste disposal" in connection with the indication of the certified activity and the technical technical Monitoring organisation or waste disposal community. An establishment may only carry out the monitoring mark if and for as long as it is certified as a waste disposal company. (5) A technical monitoring organisation is a legal entity of several experts, whose Factual understanding of permanent cooperation is established. The issuing of the certificate and the authorisation to keep the control mark by the technical monitoring organisation shall be carried out on the basis of a monitoring contract, in particular the requirements for the holding and its operation, monitoring and the granting and withdrawal of the certificate and the authority to guide the monitoring mark. The monitoring contract shall be subject to the agreement of the competent authority. (6) A waste disposal community shall be a legally competent association of waste disposal companies within the meaning of paragraph 2. It shall require the recognition of the competent authority. The issuing of the certificate and the authorisation to conduct the monitoring mark by the waste disposal community shall be carried out on the basis of a statute or other regulation which, in particular, shall be subject to the requirements of the establishments to be certified and its monitoring and the issuing and withdrawal of the certificate and the authority to lead the surveillance mark. (7) The technical monitoring organisation and the waste disposal community shall be responsible for the inspection of the establishments To use experts who are responsible for carrying out the monitoring (8) The requirements for issuing the certificate are fulfilled, the technical monitoring organisation or the waste disposal community shall be responsible for the operation of the certificate, to revoke the certificate issued and the authority to run the heartbeat, and to request the operation to return the certificate and not to continue with the monitoring character. If the operation does not comply with this request within a time limit set by the technical monitoring organisation or the waste disposal community, the competent authority may grant the holding the certificate issued and the authority to lead the Withdraw the surveillance signs and prohibit the other use of the name "disposal specialist". Unofficial table of contents

Section 57 Requirements for waste disposal companies, technical monitoring organisations and waste disposal communities

The Federal Government is authorized, after consultation of the parties concerned (§ 68), by means of a legal regulation with the consent of the Federal Council, requirements for waste disposal companies, technical monitoring organisations and waste disposal communities. . In particular, the Regulation may:

1.

requirements for the organisation, the personnel, equipment and other equipment and the activities of a waste disposal company, as well as the requirement for adequate insurance cover for liability insurance,

2.

requirements for the holder and the persons employed in the management of the waste disposal company, in particular minimum requirements for technical and technical knowledge and the reliability as well as the proof thereof, shall be determined,

3.

the requirements for the activities of technical monitoring organisations, in particular the minimum requirements for the monitoring contract and the conclusion, implementation, dissolution and erasal thereof, shall be determined,

4.

Requirements for the activities of the waste disposal communities, in particular their formation, dissolution, organisation and functioning, including the appointment, tasks and powers of the audit bodies, as well as minimum requirements for the members of these check-in bodies,

5.

Minimum requirements for experts working for technical monitoring organisations or for waste disposal communities, as well as their appointment, activity and control,

6.

requirements for the monitoring sign and the underlying certificate, in particular the form and content, as well as requirements for their grant, their cancellation, their removal and their withdrawal,

7.

the special conditions, the procedure, the granting and the repeal

a)

consent to the monitoring contract by the competent authority, and

b)

the recognition of the waste disposal communities by the competent authority, and the recognition of waste disposal communities may be revoked in the event of imminent restrictions on the competition,

8.

the more detailed requirements for the withdrawal of the certificate and the authorisation to keep the mark and the ominous further use of the name "waste disposal specialist" by the competent authority in accordance with § 56 the second sentence of paragraph 8, and

9.

for the necessary declarations, evidence, notifications or other data, the electronic management and the presentation of documents shall be arranged in electronic form in accordance with Section 3a (2) sentences 2 and 3 of the Administrative Procedure Act.

Part 8
Operating organization, operating officer for waste and facilities for audited company locations

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Section 58 Association obligations relating to the operational organisation

(1) If, in the case of limited liability companies, the representative body is composed of several members or if there are a number of authorised members in the case of partnerships, the competent authority shall be reported to the competent authority as to who of them shall be: the provisions relating to the business management authority for the company shall be subject to the obligations of the operator of an installation in need of approval within the meaning of Section 4 of the Federal Immission Control Act or the obligations of the owner within the meaning of § 27, pursuant to this Act and pursuant to the provisions adopted pursuant to this Law Legal regulations are to be found. This shall not affect the overall responsibility of all the board members or members. (2) The operator of a facility in need of approval within the meaning of § 4 of the Federal Immission Control Act, the owner within the meaning of § 27 or within the framework of its The person responsible for managing the duties referred to in the first sentence of paragraph 1 shall inform the competent authority of the manner in which it is ensured that the provisions and arrangements relating to the prevention, recovery and environmentally sound disposal of the products concerned are: of waste, shall be taken into account during operation. Unofficial table of contents

Section 59 Order of an operational officer for waste

(1) Operators of equipment in need of approval within the meaning of § 4 of the Federal Immission Control Act, operators of installations where hazardous waste is regularly incurred, operators of fixed sorting, recovery or waste disposal facilities and owners within the meaning of section 27 shall immediately appoint one or more waste management officers (waste management officers), provided that this is necessary in view of the nature or size of the installations,

1.

waste produced, revalued or disposed of in the installations;

2.

technical problems of prevention, recovery or disposal, or

3.

Suitability of the products or products which, in the case of or after the intended use, cause problems with regard to the correct and harmless recovery or the environmentally sound disposal.

The Federal Ministry for the Environment, Nature Conservation and Nuclear Safety, after consulting the parties concerned (§ 68), shall, by means of a legal regulation with the consent of the Federal Council, determine the plants in accordance with the first sentence, the operator of which shall appoint waste officers. (2) The competent authority may order that operators of installations referred to in the first sentence of paragraph 1, for which the appointment of a waste commissioner is not required by a legal regulation, have to appoint one or more waste officers, in so far as the need for ordering from the first sentence of paragraph 1 is required (3) If, according to § 53 of the Federal Immission Control Act, an Immission Protection Officer or pursuant to Section 64 of the Water Resources Act is to appoint a water protection officer, these can also carry out the tasks and Carry out the duties of a waste officer under this law. Unofficial table of contents

Section 60 Tasks of the operating officer for waste

(1) The waste officer shall advise the operator and the staff members on matters which may be significant for the prevention of waste and waste management. He is entitled and obliged to:

1.

to monitor the route of the waste from its creation or delivery to its recovery or disposal,

2.

to monitor compliance with the provisions of this Act and the legal regulations adopted pursuant to this Act and the fulfilment of conditions and obligations under this Act, in particular through the control of the place of business and of the nature and the nature of the waste arising in the installation, the waste or disposal of waste at regular intervals, notification of deficiencies and proposals for rectification of defects,

3.

to inform the members of the staff

a)

in the event of adverse effects on the welfare of the general public, which may be based on the waste produced, recovered or disposed of in the installation,

b)

, by means of institutions and measures designed to prevent any impairment of the benefit of the general public, taking into account the laws and regulations applicable to the prevention, recovery and disposal of waste,

4.

in the case of installations in need of approval within the meaning of Section 4 of the Federal Immission Control Act or those installations in which hazardous waste is produced on a regular basis, in addition, to the development and introduction of such installations

a)

environmentally friendly and low-waste procedures, including procedures for the prevention, proper and harmless recovery or the environmentally sound disposal of waste,

b)

environmentally friendly and low-waste products, including procedures for re-use, recovery or environmentally sound disposal after the use has been removed, and

5.

to participate in the development and implementation of the procedures referred to in point 4 (a) and (b), in particular by evaluating the procedures and products concerned from the point of view of waste management;

6.

in the case of installations in which waste is recovered or disposed of, in addition to improvements to the procedure.

The waste officer shall report annually to the operator a written report on the measures taken and intended to be taken in accordance with the second sentence of the second sentence of paragraph 1. (3) The relationship between the pledge and the person to be appointed shall be reimbursed. Waste officers shall apply in accordance with § 55 (1), (1a), 2 (1) and (2), (3) and (4) and § § 56 to 58 of the Federal Immission Protection Act. The Federal Ministry for the Environment, Nature Conservation and Nuclear Safety is authorized, after consulting the parties concerned (§ 68), to prescribe, with the consent of the Federal Council, which requirements are to be met by the German Federal Council of Germany. The reliability of the waste officer shall be made. Unofficial table of contents

Section 61 Requirements for the facilitation of audited company locations

(1) The Federal Government is authorized to promote the private ownership of the sites of the Community system for environmental management and audit (EMAS) by means of a legal regulation with the consent of the Federal Council Provision should be made for the facilitation of the content of the application documents in case of waste-related procedures and the facilitation of legal surveillance, in so far as the relevant requirements of Regulation (EC) No 1221/2009 of the European Parliament and of the Council of 25 November 2009 on the voluntary participation of organisations in a Community system for environmental management and audit and repealing Regulation (EC) No 761/2001 and Commission Decisions 2001 /681/EC and 2006 /193/EC (OJ L 136, 31.3.2001, p. 1). 1) are equivalent to those laid down for the purpose of monitoring and application documents in accordance with this Act or the legal regulations adopted pursuant to this Act, or in so far as the equivalence of (2) By means of the legal regulation referred to in paragraph 1, further conditions for the use and withdrawal of facilities or the suspension of all or part of the suspension of to determine the facilitation of cases in which the conditions for (3) The Regulation referred to in paragraph 1 may be subject to a regulatory facilitation, in particular to:

1.

Calibrations, investigations, tests and measurements,

2.

measurement reports and other reports and communications of investigative results,

3.

Duties of the operational officer responsible for waste,

4.

Participation obligations for the company organisation and

5.

the frequency of regulatory surveillance

only if the environmental verifier or the environmental verifier has verified compliance with the environmental regulations in accordance with the environmental law, has not detected any deviations and certifies this in the validation. (4) By Under the conditions laid down therein, the legal regulation referred to in paragraph 1 may be granted facilitations in the authorisation procedure and the facilitation of the legal supervision of waste disposal companies.

Part 9
Final provisions

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§ 62 Orders in individual cases

The competent authority may, on a case-by-case basis, take the necessary arrangements for the implementation of this law and the legal regulations adopted pursuant to this Act. Unofficial table of contents

Section 63 Confidentiality and data protection

The legislation on secrecy and data protection shall remain unaffected. Unofficial table of contents

§ 64 Electronic Communications

To the extent that the written form is ordered pursuant to this Act or a decree law issued pursuant to this Act, the electronic form shall also be approved in accordance with Section 3a of the Administrative Procedure Act. Unofficial table of contents

Section 65 Implementation of European Union legal acts

(1) In order to implement legal acts of the European Union, the Federal Government, with the consent of the Federal Council, may, on the basis of Article 1 of this Regulation, set up legal regulations to ensure environmentally sound waste prevention and waste management. , in particular for the proper and harmless recovery of waste and for the environmentally sound disposal of waste. The legal regulations can also regulate how the public should be informed. (2) In order to implement legal acts of the European Union, the Federal Government may, with the consent of the Bundesrat, by means of a regulation with the consent of the Federal Council. Administrative procedures for the granting of authorisations and permits or repayment of advertisements pursuant to this Act or in accordance with a regulation adopted pursuant to this Act. Unofficial table of contents

Section 66 enforcement in the area of the Bundeswehr

(1) The Division of the Federal Ministry of Defence is responsible for the enforcement of the law and the legal regulations issued pursuant to this Act for the recovery and disposal of military waste and waste, for which the (2) The Federal Ministry of Defence shall be authorized to use, for the purposes of recovery or disposal of waste, in the sense of the of the Federal Armed Forces Section 1, Exceptions to this Act; and to permit the legal regulations adopted pursuant to this Act, in so far as these require compelling reasons for the defence or the performance of inter-governmental obligations. Unofficial table of contents

Section 67 Participation of the Bundestag in the adoption of legal regulations

Legal regulations pursuant to § 8 (2), § 10 (1) (1) and (4), § § 24, 25 and 65 are to be assigned to the Bundestag. The supply line takes place before the supply line to the Federal Council. The legal regulations may be amended or rejected by decision of the Bundestag. The decision of the Bundestag shall be forwarded to the Federal Government. If the Bundestag has not dealt with it after the expiry of three weeks of proceedings since the receipt of the legal regulation, the unchanged legal regulation shall be forwarded to the Bundesrat. Unofficial table of contents

Section 68 Consultation of interested parties

Where appropriations for the adoption of legal regulations and general administrative provisions prescribe the consultation of the parties concerned, a group of representatives of the scientific community, the persons concerned and the interested parties, to be selected, shall be selected. Economy, the top national authorities responsible for waste management, the municipalities and municipal associations. Unofficial table of contents

Section 69 Penal rules

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

1.

contrary to Article 12 (4) or § 56 (4), second sentence, a sign referred to in that paragraph,

2.

, contrary to the first sentence of Article 28 (1), waste is treated, stored or deposited for disposal,

3.

without a planning permission decision pursuant to § 35 (2) sentence 1 or without planning permission pursuant to § 35 (3) sentence 1, a landfill shall be erected or substantially changed,

4.

in accordance with § 36 (4) sentence 1 or sentence 3, § 39 (1) sentence 1 or subsection (2) sentence 1, § 53 (3) sentence 2 or § 54 (2),

5.

shall be contrary to a fully-enforceable condition connected with an authorisation pursuant to Article 37 (1), first sentence,

6.

a fully-fledgable subsac in accordance with § 53 (3) sentence 3,

7.

shall collect, transport, trade in or make dangerous waste without the authorisation provided for in the first sentence of Article 54 (1), first sentence.

8.

a legal regulation pursuant to § 4 (2), § 5 (2), § 10 (1), § 11 (2) sentence 1 or sentence 2 or paragraph 3 (1), (2) or (3), § 12 (7), § 16 sentence 1 (1) or (2), § 24, § 25 (1) (1), (2) or (3), (2), No 2, 3 or 4, § 28 (3) sentence 2, § 43 (1), first sentence, points 2 to 5, 7 or 8, or § 57, second sentence, points 1 to 7 or point 8, or a enforceable order shall be contrary to such a decree, to the extent that the Legal regulation for a certain amount of the offence refers to this fine.

(2) Contrary to the law, who intentionally or negligently

1.

Contrary to § 18 (1) sentence 1, § 26 (2), § 40 (1) sentence 1 or § 53 (1) sentence 1, an advertisement is not reimbursed, not correct, not complete or not reimbursed in due time,

2.

Contrary to the first sentence of Article 34 (1), entering a land or a measure referred to therein shall not be condoned;

3.

Contrary to § 41 (1) sentence 1 in conjunction with a legal regulation pursuant to § 41 (2) sentence 1, a declaration of emissions is not, not correct, not complete or not timely, or not, not correct, not complete or not in good time,

4.

Contrary to § 47 (3) sentence 1, information is not issued correctly, in full or in a timely manner,

5.

Contrary to § 47 (3) sentence 2 or sentence 3, entering a land or a residential, commercial or operating room, the inspection of a document or the acceptance of a technical investigation or examination shall not be permitted,

6.

Contrary to Article 47 (4), an installation referred to there shall not be made available, or a working force, a tool or a document shall not be made available,

7.

an enforceable arrangement according to § 47 (4) or (9) sentence 1, § 51 (1) sentence 1 or § 59 (2) shall be contrary,

8.

in accordance with § 49 (1), including in conjunction with Section 49 (3) or a legal regulation pursuant to § 10 (2) (1) (b) or 52 (1) sentence 1 or 2 (2) (3) or (5), a register does not lead, is not correct or does not complete,

9.

Contrary to § 49 (2) in conjunction with a legal regulation pursuant to § 52 (1) sentence 1, an indication is not recorded, not correct, not complete or not in good time,

10.

contrary to § 49 (4), also in connection with a legal regulation pursuant to § 10 (2) (1) (b) or 52 (1) sentence 1 or 2 (2), point 3, a register not, not correct, not complete or not presented in good time, or Communication not, not correct, not complete or not timely,

11.

in accordance with § 49 (5), also in connection with a legal regulation pursuant to § 52 (1) sentence 2, point 6, an indication or a receipt, or not, or not stored for the prescribed period,

12.

contrary to § 50 (1) in conjunction with a legal regulation pursuant to § 52 (1) sentence 1, also in connection with a legal regulation pursuant to § 10 (2) (1) (b) or 52 (1) sentence 2, point 3, proof of not, not is correct, not complete or not in good time,

13.

Contrary to § 55 (1) sentence 1, a vehicle is not, not correct, not complete or not in good time with warning signs,

14.

in accordance with Article 59 (1) sentence 1 in conjunction with a legal regulation pursuant to § 59 (1) sentence 2, a waste officer shall not be appointed or not appointed in time, or

15.

a legal regulation pursuant to Article 10 (2) (1) (a), (2) to (7) or (8), also in conjunction with Article 11 (3) (4), § 16 sentence 1 (3) or Article 43 (5), in accordance with Article 25 (1) (4) or (5), § 43 (1) sentence 1 Point 6 or number 9, § 52 (2) (2) or (3), § 53 (6) (1), (2) or (4), Article 54 (7) (1), (2) or (4) or (4) sentence 2 (9) or of a enforceable order pursuant to such a decree , to the extent that the Regulation refers to this provision for a particular offence.

(3) The administrative offence referred to in paragraph 1 may be punishable by a fine of up to one hundred thousand euros and the administrative offence referred to in paragraph 2 with a fine of up to ten thousand euros. (4) Administrative authority within the meaning of Article 36 (1) (1) of the Law on Administrative Offences is the Federal Office of Goods Transport, in so far as it concerns the administrative offences referred to in points 6 to 8 of the first paragraph of paragraph 1 or points 1, 7, 8, 10 to 13 and 15 of the second paragraph of paragraph 2, and the infringement in connection with the Transport of waste by vehicles for the carriage of goods on the road in a company , which has neither its registered office nor a business establishment domestiated, and where the person concerned does not reside in the country. Unofficial table of contents

Section 70 confiscation

If an offence has been committed in accordance with Article 69 (1) (2) to (7) or (8), items may be recovered;

1.

to which the administrative offence relates, or

2.

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

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

Section 71 Exclusion of national law

The provisions of the administrative procedure laid down in this Act or under this Act cannot be deviated by national law. Unofficial table of contents

Section 72 Transitional provision

(1) Compulsory transfers pursuant to § 16 (2), § 17 (3) or § 18 (2) of the Circular Economic and Waste Act of 27 September 1994 (BGBl). 2705), as last amended by Article 5 of the Law of 6. October 2011 (BGBl. I p. 1986) have been amended. The competent authority may transfer existing obligations in accordance with § 13 (2) and § § 16 to 18 of the Circular Economic and Waste Act of 27 September 1994 (BGBl). 2705), as last amended by Article 5 of the Law of 6. October 2011 (BGBl. 2) For commercial and non-profit-making collections already carried out at the date of entry into force of this Act, the notification pursuant to Article 18 (1) shall be made within three months of the date of entry into force of this Act. the entry into force of this law. § 18 (2) and (3) shall apply to the ad according to sentence 1. (3) For procedures for the preparation of waste management plans, which have been initiated by 31 December 2011, § 29 of the Circular Economic and Waste Act of 27 shall be applicable. September 1994 (BGBl. 2705) in the version in force until 1 June 2012. (4) § 53 (1) to (5) and § 54 (1) to (6) are only two years after the date of collection and transport of the waste within the framework of economic undertakings. Entry into force of this Act on 1 June 2012. (5) A transport authorisation pursuant to § 49 (1) of the German Circular Economy and Waste Act of 27 September 1994 (BGBl. 2705), as last amended by Article 5 of the Law of 6. October 2011 (BGBl. I p. 1986), including in conjunction with Section 1 of the Transport Authorization Regulation of 10 September 1996 (BGBl. I p. 1411; 1997 I p. 2861), most recently by Article 5 of the Law of 19 July 2007 (BGBl. I p. 1462) has been amended until the end of its term of office as a permit pursuant to Section 54 (1). (6) A permit for mediation transactions pursuant to Section 50 (1) of the Circular Economic and Waste Act of 27 September 1994 (BGBl. 2705), as last amended by Article 5 of the Law of 6. October 2011 (BGBl. I p. 1986), until the end of the period of validity of the term, the term of validity shall be continued as a permit in accordance with Section 54 (1). Unofficial table of contents

Annex 1 Elimination procedures

(Fundstelle: BGBl. I 2012, 242)

D 1

Deposits in or on the ground (for example, landfill sites)

D 2

Treatment in the soil (for example, biological degradation of liquid or muddy wastes in the soil)

D 3

Blackmail (for example, compression of pumpable waste in boreholes, salt domes or natural cavities)

D 4

Surface application (for example, drainage of liquid or muddy wastes in pits, ponds or lagoons)

D 5

Specially designed landfills (for example, deposit in sealed, separate rooms, which are closed off and isolated from each other and against the environment)

D 6

Introduction to a water body with the exception of seas and oceans

D 7

Introduction into seas and oceans, including the introduction of the sea bed

D 8

Biological treatment not described elsewhere in this Appendix and resulting from the final compounds or mixtures which are disposed of with one of the methods listed in D 1 to D 12

D 9

Chemical-physical treatment not described elsewhere in this Appendix and resulting from the final compounds or mixtures which are disposed of with one of the processes listed in D 1 to D 12 (for example, evaporating, Drying, calcining)

D 10

Incineration on land

D 11

Incineration at sea ¹⁾

D 12

Permanent storage (for example, storage of containers in a mine)

D 13

Mixing or mixing before use of any of the methods listed in D 1 to D 12 ²⁾

D 14

Repackaging prior to use of any of the methods listed in D 1 to D 13

D 15

Storage up to the application of one of the methods listed in D 1 to D 14 (excluding temporary storage up to the collection on the site of the origin of the waste) ³⁾

1)

Procedures prohibited by EU law and international agreements.

2)

If no other D-code is suitable for classification, procedure D 13 may also include preparatory procedures which precede the removal, including pre-treatment, for example sorting, crushing, compacting, pelletizing, Drying, shredding, conditioning or separation prior to use of any of the methods listed under D 1 to D 12.

3)

Temporary storage is to be understood as a temporary storage within the meaning of section 3 (15).

Unofficial table of contents

Annex 2 Recovery procedures

(Fundstelle: BGBl. I 2012, 243)

R 1

Main use as fuel or other means of energy production ¹⁾

R 2

Recovery and regeneration of solvents

R 3

Recycling and recovery of organic substances which are not used as solvents (including composting and other biological conversion processes) ²⁾

R 4

Recycling and recovery of metals and metal compounds

R 5

Recycling and recovery of other inorganic substances ³⁾

R 6

Regeneration of acids and bases

R 7

Recovery of components used for the control of impurities

R 8

Recovery of catalyst components

R 9

Re-oil refining or other re-use of oil

R 10

Application to the soil for the benefit of agriculture or to ecological improvement

R 11

Use of wastes obtained from any of the processes listed in R 1 to R 10

R 12

The exchange of waste in order to subject it to one of the procedures listed in R 1 to R 11 ⁴⁾

R 13

Storage of waste to the application of one of the procedures listed in R 1 to R 12 (excluding temporary storage up to the collection on the site of the origin of the waste) ⁵⁾

1)

a)

This includes incineration plants whose purpose is to treat solid municipal waste only if their energy efficiency has at least the following values:

aa)

0,60 for operating installations which have been approved by 31 December 2008,

bb)

0,65 for installations which have been or are approved after 31 December 2008.

b)

In the calculation referred to in point (a), the following formula shall be used: energy efficiency = (ep-(ef + egg))/(0.97 x (Ew + Ef)).

c)

In the context of the formula given in point (b):

aa)

Ep the energy produced annually as heat or electricity. The value is calculated by multiplying electric energy by a factor of 2.6 and by heat generated for commercial purposes by a factor of 1.1 (gigajoule per year);

bb)

Ef the annual input of energy into the system of fuels used for the production of steam (gigajoules per year);

cc)

Ew the annual amount of energy contained in the treated waste, calculated on the basis of the lower calorific value of the waste (gigajoule per year);

dd)

Egg the annual imported energy quantity without Ew and Ef (gigajoules per year);

ee)

0.97 a factor for the calculation of energy losses due to rust and boiler ash as well as radiation.

d)

This formula shall be used in accordance with the reference document on the best available techniques for waste incineration.

2)

This includes gasification and pyrolysis using the constituents as chemicals.

3)

This includes soil cleaning, which leads to the recycling of the soil and to the recycling of inorganic building materials.

4)

If no other R-code is suitable for classification, procedure R 12 may include preparatory processes which precede the recovery, including pre-treatment, for example, disassembly, sorting, crushing, compaction, Pelletizing, drying, shredding, conditioning, re-packaging, separation, mixing or mixing before use of one of the processes listed in R 1 to R 11.

5)

Temporary storage is to be understood as a temporary storage within the meaning of section 3 (15).

Unofficial table of contents

Appendix 3 Criteria for the determination of the state of the art

(Fundstelle: BGBl. I 2012, 244;
with regard to of the individual amendments. Footnote)

In determining the state of the art, taking into account the proportionality between the effort and the usefulness of possible measures, as well as the principle of prevention and prevention, in each case in relation to installations of a given type, shall, in particular, take account of:

1.

Use of low-fall technology,

2.

the use of less dangerous substances,

3.

promote the recovery and recycling of the substances produced and used in the various processes and, where appropriate, the waste;

4.

comparable methods, devices and operating methods which have been tested with success in operation,

5.

progress in technology and in scientific knowledge,

6.

the nature, impact and quantity of the respective emissions;

7.

Time points for the entry into service of the new or existing installations,

8.

the time required to introduce a better, available technology;

9.

the consumption of raw materials and the nature of the raw materials used in the various processes (including water) and energy efficiency;

10.

the need to avoid or reduce as far as possible the overall impact of emissions and the risks to humans and the environment,

11.

the need to prevent accidents and to reduce their impact on human beings and the environment;

12.

information published by international organisations,

13.

Information contained in BAT reference pages.

Unofficial table of contents

Annex 4 Examples of waste prevention measures in accordance with § 33

(Fundstelle: BGBl. I 2012, 245)

1.

Measures which may affect the framework conditions relating to waste production:

a)

the use of planning measures or other economic instruments that promote the efficiency of resource use;

b)

to promote relevant research and development with a view to producing more environmentally friendly and less waste-intensive products and technologies, and to disseminate and use these results from research and development;

c)

Development of effective and meaningful indicators of environmental pollution related to waste production as a contribution to the prevention of waste generation at all levels, from product comparison at Community level through activities municipal authorities, up to national measures.

2.

Measures that may impact on the design, production and distribution phases:

a)

Promotion of eco-design (systematic integration of environmental aspects into product design with the aim of improving the environmental performance of the product throughout the entire life cycle),

b)

providing information on waste prevention techniques with a view to facilitating the use of the best available techniques in industry;

c)

Training measures for the competent authorities with regard to the inclusion of waste prevention requirements in the granting of authorisations under this Act and the Federal Immission Control Act, and on the basis of the Federal Immission Protection Act, legal regulations,

d)

Inclusion of measures to avoid waste generation in plants that do not require approval pursuant to § 4 of the Federal Immission Control Act. This could include, where appropriate, measures to assess the prevention of waste and to draw up plans,

e)

Awareness-raising activities or support for companies in financing or decision-making. Such measures should be particularly effective if they are targeted at small and medium-sized enterprises, which are tailored to them and rely on proven networks of economic life,

f)

Recourse to voluntary agreements, consumer and producer bodies or industry-related negotiations, so that the respective companies or industries define their own waste prevention plans or targets, or waste-intensive products or improving packaging,

g)

Promotion of recognised environmental management systems.

3.

Measures that may impact on the consumption and use phase:

a)

Economic instruments such as, for example, incentives for environmentally friendly purchasing or the introduction of a purchase price to be paid by the consumer for a packaging item or part of the packaging which would otherwise be provided free of charge,

b)

awareness-raising activities and information to the public or to a specific consumer group;

c)

Promotion of eco-labels,

d)

agreements with industry, such as the use of product bodies, for example, on the model of integrated product policy, or with the retail sector, on the provision of information on waste prevention and environmentally friendly products,

e)

Inclusion of environmental and waste prevention criteria in public and private procurement contracts, as defined in the Handbook for ecologically sound public procurement, adopted by the Commission on 29 November 2008. (Office for Official Publications of the European Communities, 2005),

f)

Promote the re-use and repair of appropriate disposed products or their components, in particular through the use of educational, economic, logistical or other measures such as support or establishment of accredited products Centres and networks for repair and re-use, particularly in densely populated regions.