德国循环经济和废弃物管理法
Act for PromotingClosed Substance Cycle Waste Management
and Ensuring Environmentally Compatible Waste Disposal
( Kreislaufwirtschafts- und Abfallgesetz - KrW-/AbfG)
WASTE AVOIDANCE, RECOVERY AND DISPOSAL ACT*
of 27 September 1994,
as amended by the Act on the Expedition of Licensing Procedures ( Genehmigungsverfahrensbeschleunigungsgesetz)
of 12 September 1996 (Federal Law Gazette I p. 1354), the Act for the
Conservation of the Soil ( Gesetz zum Schutz des Bodens) of 17 March 1998 (Federal Law
Gazette I p. 502), the Act on the Reform of Road Haulage Law ( Gesetz zur Reform des
Güterkraftver-kehrsrechts) of 22 June 1998 (Federal Law Gazette I p. 1485) and the Act on the
Implementation of the Protocol of 7 November 1996 to the Convention on the Prevention of
Marine Pollution by Dumping of Wastes and Other Matter of 1972 (Federal Law Gazette I p.
2455)
*This Act implements Council Directive 91/156/EEC of 18 March 1991 for amendment of Directive 75/442/EEC on waste
(EC Official Journal no. L 78 p. 32) and of Council Directive 94/31/EC of 27 June 1994 for amendment of Directive
91/689/EEC on hazardous waste (EC Official Journal no. L 168 p. 28).
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Part One
General Provisions
Article 1 Purpose of the Act
Article 2 Area of application
Article 3 Definition of terms
Part Two
Basic Principles for, and Obligations of, Producers and Holders of Waste and Parties
Responsible for Waste Management
Article 4 Basic principles of closed substance cycle waste management
Article 5 Basic obligations in closed substance cycle waste management
Article 6 Substance recycling and energy recovery
Article 7 Requirements of closed substance cycle waste management
Article 8 Requirements of closed substance cycle waste management in the area of agricultural
fertilisation
Article 9 Obligations of operators of plants
Article 10 Basic principles of waste disposal compatible with the public interest
Article 11 Basic obligations of waste disposal
Article 12 Requirements of waste disposal
Article 13 Obligation to make waste available to parties responsible for waste disposal
Article 14 Toleration obligation in connection with premises
Article 15 Obligations of public-law parties responsible for waste management
Article 16 Commissioning of third parties
Article 17 Performance of tasks by associations
Article 18 Performance of tasks by self-administrative commercial bodies
Article 19 Waste management concepts
Article 20 Waste balance sheet
Article 21 Orders in individual cases
Part Three
Product Responsibility
Article 22 Product responsibility
Article 23 Prohibitions, restrictions and labelling
Article 24 Obligation to return certain goods, and obligation to accept returned goods
Article 25 Voluntary acceptance of returned goods
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Article 26 Obligations of holders following acceptance of returned goods
Part Four
Planning Responsibility
Section 1
Regulation and Planning
Article 27 Regulation of waste disposal
Article 28 Execution of disposal
Article 29 Waste management planning
Section 2
Authorisation of waste disposal facilities
Article 30 Exploration of suitable sites
Article 31 Plan approval and planning permission
Article 32 Issuing, security, secondary provisions
Article 33 Authorisation of early commencement
Article 34 Plan approval procedure and further administrative procedures
Article 35 Existing waste disposal facilities
Article 36 Closure
Article 36a Emissions declaration
Article 36b Access to information
Article 36c Statutory ordinances on regulations for landfills
Article 36d Costs of waste storage
Part Five
Promotion of Sales
Article 37 Obligations of the public sector
Part Six
Obligation to Provide Adequate Information
Article 38 Obligation to provide advice and information concerning waste
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Article 39 Provision of information to the public
Part Seven
Supervision
Article 40 General supervision
Article 41 Waste requiring supervision
Article 42 Optional proof procedure for waste disposal
Article 43 Mandatory proof procedure for disposal of waste requiring special supervision
Article 44 Exceptions to the mandatory proof procedure
Article 45 Optional proof procedure for waste recovery
Article 46 Mandatory proof procedure for the recovery of waste requiring special supervision
Article 47 Exceptions to the mandatory proof procedure
Article 48 Statutory ordinances concerning proof of recovery and disposal
Article 49 Transport licences
Article 50 Licensing for agency transactions and in other cases
Article 51 Waiving of licensing requirements for transport and for agency transactions
Article 52 Specialised waste management companies; waste management associations
Part Eight
Company Organisation, Waste Management Officer and Facilitated Procedures for
Audited Company Sites
Article 53 Obligations to provide notification of company organisation
Article 54 Appointment of a Company Waste Management Officer
Article 55 Tasks
Article 55a Facilitated procedures for audited company sites
Part Nine
Final Provisions
Article 56 Secrecy and data protection
Article 57 Transposition of legislation of the European Communities
Article 58 Enforcement within the sphere of the Bundeswehr (German Armed Forces)
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Article 59 Participation of the Bundestag in the issuing of statutory ordinances
Article 60 Hearing of concerned parties
Article 61 Provisions concerning fines
Article 62 Confiscation
Article 63 Competent authorities
Article 64 Interim provisions
Annex I Categories of waste
Annex IIA Disposal operations
Annex IIB Recovery operations
Annex III Criteria for defining the state of the art
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Part One
General Provisions
Article 1
Purpose of the Act
The purpose of this Act is to promote closed substance cycle waste management (Kreislaufwirtschaft)
in order to conserve natural resources and to ensure environmentally compatible
disposal of waste.
Article 2
Area of Application
(1) The provisions of this Act apply to
1. the avoidance,
2. recovery and
3. disposal of waste.
(2) The provisions of this Act shall not apply to
1. materials that are to be disposed of pursuant to the Animal Carcass Disposal Act ( Tierkörperbeseitigungsgesetz)
to the Meat-hygiene and Poultry-meat Hygiene Acts ( Fleischhygienegesetz;
Geflügelfleischhygienegesetz) to the Act on Foodstuffs and Commodities
(Lebensmittel- and Bedarfsgegenständegesetz), to the Milk and Margarine Act ( Milch- and
Margarinegesetz), to the Epizootic Diseases Act ( Tierseuchengesetz), to the Plant Protection
Act ( Pflanzenschutzgesetz) and pursuant to the statutory ordinances issued on the
basis of these acts,
2. nuclear fuels and other radioactive substances within the meaning of the Atomic Energy
Act,
3. substances whose disposal is regulated by a statutory ordinance issued on the basis of the
Precautionary Radiological Protection Act ( Strahlenschutzvorsorgegesetz),
4. waste occurring from prospecting, extraction, preparation, treatment and processing of
mineral resources in facilities subject to mining inspection, except for waste not occurring
directly and normally only in connection with the activities listed in the first half of this
provision,
5. gaseous substances not in containers,
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6. substances discharged or dumped into waters or the sewerage system,
7. search for, recovery, transport, storage, treatment and destruction of warfare agents.
Article 3
Definition of Terms
(1) For the purposes of this Act, "waste" shall mean all movable property in the categories set out in
Annex 1 which the holder discards, or intends or is required to discard. "Waste for
recovery" is waste that is recovered; waste that is not recovered is "waste for disposal".
(2) Discarding within the meaning of Para 1 occurs when the holder presents movable property for
recovering within the meaning of Annex II B, or for disposal within the meaning of Annex
II A, or when the holder gives up actual physical authority over the property and it no
longer serves any purpose.
(3) A desire to discard waste within the meaning of Para 1 must be assumed for any movable
property
1. occurring in connection with energy conversion, or with production, treatment or use of
substances or products, or of services without such occurrence being the purpose of the
relevant actions, or
2. property whose original purpose no longer exists, or is given up, without being directly
replaced by a new purpose.
The producer''s or holder''s opinion shall be used as a basis for evaluating the purpose, taking
into account the consensus on the market situation.
(4) The holder must discard movable property within the meaning of Para 1 when such property is
no longer used in keeping with its original purpose, and when, due to its specific state, it
could endanger, either in the present or the future, the public interest, especially the
environment; and when its potential danger can be ruled out only through proper and safe
recovery, or disposal that is compatible with the public interest, pursuant to the provisions
of this Act and to the statutory ordinances issued on the basis of this Act.
(5) A producer of waste within the meaning of this Act shall be any natural person or legal entity
through whose actions waste has occurred, or any person who has carried out pretreatment,
mixing or other treatment that effects a change in the nature or the
composition of such waste.
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(6) A holder of waste within the meaning of this Act shall be any natural person or legal entity who
has actual physical authority over waste.
(7) Waste management comprises the recovery and disposal of waste.
(8) Waste classified by a statutory ordinance pursuant to Article 41 Para 1 or Article 41 Para 3 No. 1
requires special supervision. All other waste requires supervision when it is to be disposed
of; recoverable waste classified by a statutory ordinance pursuant to Article 41 Para 3 No.
2 also requires supervision.
(9) For the purpose of transposing any legal acts of the European Communities into German law,
the Federal Government is herewith authorised to incorporate new categories of waste,
disposal operations or recovery operations into Annexes I, II A or II B, respectively, or to
delete them from these Annexes or to alter them by means of statutory ordinances, with
the consent of the Bundesrat.
(10) "Landfills" within the meaning of this Act shall mean waste-disposal facilities for above-ground
storage of waste (above-ground landfills) or for underground storage of waste
(underground landfills). "Landfills" shall also include plants'' own waste-storage facilities in
which waste producers dispose of waste at the site of its production.
(11) "Inert" waste shall mean mineral waste that is not subject to any significant physical, chemical
or biological changes, that does not dissolve, does not burn and does not react, physically
or chemically, in some other way, that does not degrade biologically and that does not
affect other materials with which it comes into contact in a way that could lead to adverse
impacts on the environment or on human health. The total leachability and pollutant
content of the waste and the ecotoxicity of the leachate must be insignificant and, in
particular, must not endanger the quality of surface waters or ground water. The Federal
Government shall be authorised, after hearing the concerned parties (Article 60), and with
the consent of the Bundesrat, to issue statutory ordinances that define inert waste.
(12) The "state of the art" within the meaning of this Act shall mean that state of development of
modern procedures, facilities or operational methods that, as a whole, reliably
substantiates the practical suitability, for achieving a generally high standard of protection
for the environment, of relevant measures for limiting emissions into the air, water and
soil, for ensuring the safety of plants/facilities, for providing environmentally compatible
waste management or, otherwise, for preventing or reducing impacts on the environment.
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The criteria set forth in Annex III, in particular, shall be taken into account in defining the
state of the art.
Part Two
Basic Principles for, and Obligations of, Producers and Holders of Waste and Parties
Responsible for Waste Management
Article 4
Basic Principles of Closed Substance Cycle
Waste Management (Kreislaufwirtschaft)
(1) Waste
1. must, firstly, be avoided; this must be accomplished especially by reducing its amount and
noxiousness;
2. must, secondly,
a) be subjected to substance recycling or
b) used to obtain energy (energy recovery).
(2) Measures for waste avoidance shall include, especially, closed-cycle management of substances
within plants, low-waste product design and consumer behaviour oriented to the
acquisition of low-waste and low-pollution products.
(3) Substance recycling shall mean substitution of raw materials through the extraction of
substances from waste (secondary raw materials), or use of the substance properties
within waste for their original purpose, or for other purposes, except for direct energy
recovery. Substance recycling shall be considered to occur when, in keeping with an
economic perspective, and taking into account the impurities present in the relevant waste,
the main purpose of the relevant measure is to use the waste, and not to eliminate its
pollution potential.
(4) Energy recovery shall mean the use of waste as a substitute fuel; the priority for energy
recovery does not affect thermal treatment of waste for disposal, especially household
waste. The main purpose of a measure in question shall be taken as the criterion for
differentiation. For a given waste sample that has not been mixed with other substances,
the type and extent of the waste''s impurities, and the additional waste and emissions
occurring as a result of its treatment, shall be the criterion for determining whether the
relevant waste management measure''s main purpose is energy recovery or treatment.
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(5) Closed substance cycle waste management shall also comprise provision, supply, collection,
collection by collect and bring systems, transport, storage and treatment of waste for
recovery.
Article 5
Basic Obligations in Closed Substance Cycle Waste Management
(1) Obligations to avoid waste production are in accordance with Article 9 and the statutory
ordinances issued on the basis of Articles 23 and 24.
(2) Producers and holders of waste shall be obligated to recover the waste in question pursuant to
Article 6. Where this Act entails no opposing factor, waste recovery has priority over waste
disposal. High-quality recovery appropriate for the type and the nature of the waste in
question shall be pursued. To the extent required to observe provisions contained in
Articles 4 and 5, waste for recovery shall be kept and treated separately.
(3) Waste recovery, especially binding of waste within products, must take place properly and
safely. Recovery takes place properly when it complies with the provisions of this Act and
with other public-law provisions. It takes place safely when, given the waste''s nature, the
extent of the impurities the waste contains and the type of recovery in question, no
impairment of the public interest is expected, and, in particular, when no accumulation of
harmful substances occurs within the recovered substance cycle.
(4) The obligation to recover waste is to be met, to the extent this is technically possible and
economically reasonable, especially when a market exists, or can be created, for an
extracted substance or for extracted energy. Waste recovery is technically possible even
when it requires pre-treatment. Waste recovery is economically reasonable if the costs it
entails are not disproportionate in comparison with the costs waste disposal would entail.
(5) The priority set forth in Para 2 for waste recovery shall not exist in cases in which waste disposal
is the more environmentally compatible solution. In this connection, the following must
especially be taken into account:
1. the expected emissions,
2. the aim of conserving natural resources,
3. the energy to be consumed or yielded, and
4. the resulting increased accumulation of harmful substances in products, in waste for
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recovery or in products made from such waste.
(6) The priority for waste recovery shall not apply to waste occurring directly and normally through
research and development.
Article 6
Substance Recycling and Energy Recovery
(1) Waste can be
a) subjected to substance recycling or
b) used to obtain energy.
Priority shall be given to that form of recovery which is more environmentally compatible. Article
5 Para 4 shall apply mutatis mutandis. The Federal Government is herewith authorised, after
hearing the parties concerned (Article 60), to issue statutory ordinances giving priority to
substance recycling or to energy recovery for certain waste types; this shall occur with the
consent of the Bundesrat, on the basis of criteria set forth in Article 5 Para 5 of the present Act,
and taking into account the requirements listed in Para 2.
(2) If priority for a type of use is not set forth by a statutory ordinance pursuant to Para 1 above,
energy recovery within the meaning of Article 4 Para 4 is permissible only when
1. the thermal value of the waste in question, without the waste''s being mixed with other
substances, is at least 11,000 kj/kg,
2. a combustion efficiency of at least 75 % is achieved,
3. the resulting heat is either used by the person/entity recovering the energy or supplied to a
third party, and
4. further wastes produced during the recovery process can be landfilled if possible without
further treatment.
Waste from renewable raw materials can be used for energy recovery if the prerequisites listed
in Sentence 1 Nos. 2 through 4 are met.
Article 7
Requirements of Closed Substance Cycle Waste Management
(1) The Federal Government is herewith authorised, after hearing the parties concerned (Article 60),
to issue statutory ordinances, with the consent of the Bundesrat, and to the extent
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required to fulfil obligations pursuant to Article 5, especially those ensuring safe recovery
that accomplish the following:
1. place restrictions on certain wastes being bound in or remaining in products specified by
type, nature and constituents,
2. mandate requirements of separation, transport and storage of waste,
3. mandate requirements of waste provision, supply, gathering and collection by collect and
bring systems,
4. mandate the following for certain waste, recovery of which, due to the type, nature or
amount of the waste in question, is particularly able to impair the public interest, especially
the natural resources requiring protection that are listed in Article 10 Para 4, by area of
origin, place where they occur or initial product:
a) that such waste may be put into circulation, or recovered only in certain amounts or
types, or only for certain purposes,
b) that these wastes, when of a specified nature, may not be put into circulation.
5. mandate that relevant waste holders are obligated, when they supply waste to third
parties, to notify such parties concerning the requirements resulting from these statutory
ordinances,
6. Mandate labelling obligations with regard to waste.
(2) Requirements to be fulfilled by substances can be mandated, by means of a statutory ordinance
pursuant to Para 1, when power-plant waste, plaster from flue-gas desulphurisation
facilities or other waste is used, by companies subject to supervision by mining supervisory
authorities, for technical or safety reasons or for restoring usability of facilities.
(3) Specifications by means of statutory ordinances pursuant to Para 1, may be laid down on
procedures for the review of the mandatory requirements in Para 1, especially as referring
to
1. the taking of samples, the whereabouts of reserved samples, including safe-keeping, and
the procedures to be used for such actions,
2. the analysis procedures required for identification of individual substances or substance
groups.
As to the requirements pursuant to Sentence 1, reference may be made to publicly accessible
official notifications of the pertinent expert bodies. In this case
1. the statutory ordinance shall give the date of the official notification and accurate source
data,
2. the official notification must be filed in the archives of the German Patent Office for safe
custody and a reference made to this fact in the statutory ordinance.
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Article 8
Requirements of Closed Substance Cycle Waste Management
in the Area of Agricultural Fertilisation
(1) The Federal Ministry for the Environment, Nature Conservation and Nuclear Safety is herewith
authorised to mandate, by statutory ordinance, in agreement with the Federal Ministry of
Consumer Protection, Food and Agriculture (BMVEL), with the consent of the Bundesrat
and after hearing the parties concerned (Article 60), requirements for the area of
agriculture for ensuring proper and safe recovery pursuant to Para 2.
(2) If waste for recovery, as secondary raw-material fertiliser or farm fertiliser, is applied, within the
meaning of Article 1 of the Fertiliser Act, on land used for agricultural, silvicultural or
horticultural purposes, then the following, in particular, can be mandated, in statutory
ordinances pursuant to Para 1, for such supply and application, with regard to the relevant
pollutants:
1. Prohibitions or restrictions depending on factors such as type and nature of the pertinent
soil, application site and time and natural site conditions, and
2. Studies of the relevant waste, farm fertiliser or soil, measures for pre-treatment of these
substances, or suitable other measures.
This applies to farm fertiliser to the extent that the usual quantities employed in good and
proper practice, within the meaning of Article 1 a of the Fertiliser Act, are exceeded.
(3) The Land Governments may issue statutory ordinances pursuant to Para 2, if the Federal
Ministry for the Environment, Nature Conservation and Nuclear Safety makes no use of the
relevant authorisation; in addition, they can transfer the relevant authorisation, by
statutory ordinance, and completely or in part, to other authorities. Article 9
Obligations of Operators of Plants
The obligations of operators of plants that either require authorisation or do not require
authorisation, pursuant to the Federal Immission Control Act, to construct and operate such plants
in such a manner that waste is avoided, recovered or disposed of, follow from the provisions of the
Federal Immission Control Act. Substance-oriented requirements concerning the type and manner of
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the relevant recovery and disposal of waste, pursuant to this Act, are not affected. Substanceoriented
requirements for internal recovery within plants shall be mandated by statutory ordinance
pursuant to Article 6 Para 1 and Article7.
Article 10
Basic Principles of Waste Disposal
that is Compatible with the Public Interest
(1) Waste that is not recovered shall be permanently excluded from closed substance cycle waste
management, and it shall be disposed of permanently in a manner in keeping with the
public interest.
(2) Waste disposal shall comprise the provision, supply, collection, transport, treatment, storage and
landfilling of waste for disposal. The amount and noxiousness of waste shall be reduced
through waste treatment. Any energy or waste occurring in connection with treatment and
landfilling shall be exploited to the maximum extent possible. Treatment and landfilling are
to be considered waste disposal if the energy or waste occurring in connection with such
treatment and storage can be exploited, but such exploitation is only a secondary purpose
of the disposal.
(3) Waste shall be disposed of within the country. The provisions of Council Regulation (EEC) No
259/93 of 1 February 1993 on the supervision and control of shipments of waste within,
into and out of the European Community (OJ EC No. L 30 p. 1) and of the Act of 30
September 1994 implementing the Basle Convention of 22 March 1989 on the Control of
the Transboundary Movement of Hazardous Wastes and their Disposal (Federal Law
Gazette I, p. 2771), shall not be affected.
(4) Waste shall be disposed of in such a manner that the public interest is not impaired. Impairment
occurs when, in particular,
1. human health is impaired,
2. animals and plants are endangered,
3. water bodies and soil are harmfully influenced,
4. harmful influences on the environment are caused by air pollution or noise,
5. the interests of town and country planning, of nature conservation and landscape
management and of urban development are not considered adequately or
6. the public''s safety and the public order are otherwise threatened or disturbed.
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Article 11
Basic Obligations of Waste Disposal
(1) Producers or holders of waste that is not recovered are obligated to dispose of such waste in
keeping with basic principles of waste management that is compatible with the public
interest, pursuant to Article 10, to the extent that Articles 13 through 18 contain no
different provisions.
(2) To the extent necessary to fulfil requirements pursuant to Article 10, waste for disposal shall be
stored and treated separately from other waste.
Article 12
Requirements of Waste Disposal
(1) The Federal Government is herewith authorised, after hearing the parties concerned (Article 60),
to mandate, by statutory ordinance, and with the consent of the Bundesrat, requirements,
in keeping with the technological state of the art, for fulfilling obligations pursuant to Article
11 for the disposal of waste; these requirements may specify area of origin, site of
occurrence, as well as the type, amount and nature of the relevant waste. Such
requirements may include especially
1. requirements for separate storage and treatment of waste,
2. requirements for provision, supply, collection, transport, storage and landfilling of waste
and
3. procedures for review of requirements pursuant to Article 7 Para 3.
(2) To execute this Act and the Federal statutory ordinances issued on the basis of this Act, the
Federal Government, after hearing the parties concerned (Article 60), and with the consent
of the Bundesrat, shall issue general administrative regulations concerning requirements
for environmentally compatible waste disposal in keeping with the state of the art. This
shall include mandating procedures for collection, treatment, storage and landfilling that,
as a rule, ensure environmentally compatible waste disposal.
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Article 13
Obligation to Make Waste Available to Parties Responsible for Waste Disposal
(1) Contrary to Article 5 Para 2 and Article 11 Para 1, producers or holders of waste from private
households are obligated to make such waste available to the legal entities who are
obligated, pursuant to Land laws, to carry out waste management (public-law parties
responsible for waste management), to the extent that such producers or holders are
unable, or do not intend, to carry out recovery themselves. Sentence 1 also applies to
producers and holders of waste for disposal from other areas of origin, to the extent that
they do not dispose of such waste in their own facilities, or that predominating public
interests require such waste to be made available.
(2) The obligation to make waste available to public-law parties responsible for waste disposal does
not exist if obligations for recovery and disposal, pursuant to Article 16, 17 or 18, have
been transferred to third parties or private parties responsible for waste management.
(3) The obligation to make waste available does not exist for waste
1. subject to obligations, based on a statutory ordinance pursuant to Article 24, to return
waste, or to accept returned waste, in cases in which public-law parties responsible for
waste management are not involved in acceptance of returned waste on the basis of a
provision pursuant to Article 24 Para 2 No. 4,
2. that is subjected, through non-profit collection, to proper and safe recovery,
3. that is subjected, through commercial collection, to proper and safe recovery, to the extent
such subjection is demonstrated to public-law parties responsible for waste management,
and does not conflict with any predominating public interests.
Nos. 2 and 3 do not apply to waste requiring special supervision. Special provisions contained in
statutory ordinances pursuant to Articles 7 and 24, regarding the obligation to make waste
available, are not affected.
(4) To ensure environmentally compatible disposal, the Länder can mandate obligations to offer
waste (Andienung) and to make waste available in connection with waste for disposal
requiring special supervision. To ensure environmentally compatible waste management,
they can mandate obligations to offer waste and to make waste available in connection
with waste for recovery requiring special supervision, in cases where proper recovery
cannot be assured by other means. The waste for recovery mentioned in Sentence 2 is
defined by the Federal Government, by statutory ordinance, with the consent of the
Bundesrat. Obligations to offer waste mandated by the Länder prior to the coming into
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force of this Act, in connection with waste for recovery requiring special supervision, are
not affected. Where waste management obligations pursuant to Article 16,17 or 18 have
been transferred to third parties or private parties responsible for waste management, such
third parties or private parties are not subject to such obligations to offer waste or to make
waste available.
Article 14
Toleration Obligations in Connection with Premises
(1) The titleholders and owners of land on which waste is produced that is subject to obligations to
make waste available are obligated to tolerate the installation of containers required for
waste collection, as well entry on to the premises for the purposes of collection and for
supervision of waste separation and recovery.
(2) Para 1 shall apply accordingly for return and collection systems required to fulfil obligations to
accept returned goods on the basis of a statutory ordinance pursuant to Article 24.
Article 15
Obligations of Public-Law Parties Responsible for Waste Management
(1) The public-law parties responsible for waste management shall recover, in keeping with Articles
4 through 7, or dispose of, in keeping with Articles 10 through 12, waste from private
households in their area that has occurred and has been made available to them, as well as
waste for disposal from other areas of origin. If waste is made available to them for
disposal for reasons listed in Article 5 Para 4, the public-law parties responsible for waste
management are required to carry out recovery, to the extent that these reasons do not
apply to them.
(2) The public-law parties responsible for waste management shall be exempted from obligations to
manage waste from areas of origin other than private households, to the extent that waste
management obligations have been transferred, pursuant to Article 16, 17 or 18, to third
parties or private parties responsible for waste management.
(3) The public-law parties responsible for waste management can, with the consent of the
competent authority, exclude waste from waste management to the extent that the waste
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in question is subject to obligations to accept returned goods, on the basis of a statutory
ordinance issued pursuant to Article 24, and that appropriate facilities for accepting
returned goods are actually available. Sentence 1 also applies to waste for disposal from
areas of origin other than private households, to the extent that the waste in question, due
to its type, amount or nature, cannot be disposed of together with the household waste; or
that safe, environmentally compatible disposal, in harmony with the waste management
plans of the Länder, is ensured by another party responsible for waste management or by
another third party. The public-law parties responsible for waste management can revoke
the exclusion from waste management pursuant to Sentences 1 and 2, with the consent of
the competent authority, if the prerequisites for exclusion as listed in those sentences are
no longer fulfilled.
(4) The obligations pursuant to Para 1 shall also apply to motor vehicles or trailers without valid
official registration, when they are parked on public areas or outside of contiguously builtup
municipal areas, when there are no indications that they have been stolen, or that they
are being used as intended, and when they have not been removed within one month after
a plainly visible relevant request has been attached to them.
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Article 16
Commissioning of Third Parties
(1) Parties responsible for waste recovery and disposal can commission third parties to fulfil their
obligations. Such commissioning does not affect their responsibility for fulfilment of the
relevant obligations. The so-commissioned third parties must provide the necessary
reliability.
(2) By application, and with the consent of the parties responsible for waste management within the
meaning of Articles 15, 17 and 18, the competent authority can transfer the obligations of
these parties to a third party, completely or in part, if
1. the third party in question has the necessary knowledge and capability and is reliable,
2. fulfilment of the transferred obligations is ensured and
3. no predominating public interests conflict with this procedure.
Transfer of obligations of the private parties responsible for waste management to third parties
requires the consent of the public-law parties responsible for waste management within the
meaning of Article 15. (3) To demonstrate fulfilment of the prerequisites pursuant to Para 2, the third party must present,
in particular, a waste management concept. The waste management concept must contain
the following:
1. details concerning the type, amount and whereabouts of the waste to be recovered or
disposed of,
2. description of the measures that have been taken and planned for waste recovery or for
disposal,
3. explanation of the planned waste management measures for the next five years, including
information about the necessary site and facility planning and its chronological sequence,
4. separate description of the waste listed under No. 1, for recovery or disposal outside of the
Federal Republic of Germany.
Preparation of the waste management concept must take into account requirements of waste
management planning pursuant to Article 29. The waste management concept must be
prepared and updated in keeping with Article 19 Para 3. In addition, one year after transfer of
the obligations, a waste balance sheet must be prepared and presented, in keeping with Article
20 Para 1.
(4) The transfer shall be for a limited term. It can include secondary provisions; in particular, it can
be issued conditionally and coupled to restrictions or a reserved right of revocation.
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Article 17
Performance of Tasks by Associations
(1) Producers and holders of waste from commercial enterprises and other types of industrial
companies or public institutions may form associations that can be commissioned by
producers or holders of waste to fulfil their responsibilities to recover and dispose of waste.
Article 16 Para 1 Sentences 2 and 3 applies accordingly.
(2) The public-law parties responsible for waste management, and self-administrative commercial
bodies may support formation of such associations and participate in them.
(3) The competent authority, with the consent of the public-law parties responsible for waste
management within the meaning of Article 15, can transfer to such associations, at their
application, and completely or in part, the obligations of producers and holders of waste.
This can occur if
1. the purpose of the relevant association cannot be fulfilled by other means,
2. fulfilment of the transferred obligations is ensured, especially the safety of waste disposal
for the transferred task area, in harmony with the waste management plans of the Länder
(Article 29), and
3. no predominating public interests conflict with this procedure.
Article 16 Para 3 and 4 applies mutatis mutandis.
(4) The competent authority can commission the association, within the framework of the
transferred task area and of the association''s purpose, to manage all waste in a designated
area, especially waste for disposal of other producers and holders, to the extent that
1. this is necessary to protect the public interest and
2. the producers and holders do not fulfil their obligations themselves.
(5) The associations may levy fees. The fee schedule must be authorised by the competent
authority.
(6) Article 15 Para 1 and 3 shall apply accordingly to the transferred recovery and disposal
obligations. To the extent required to fulfil the transferred obligations, obligations to make
waste available and toleration obligations shall exist toward the associations; Article 13
Para 1 and 3 and Article 14 shall apply accordingly. To fulfil the transferred obligations, the
associations can require the waste producers and holders to keep waste separated and to
bring it to certain collection sites or treatment facilities. The authority of producers and
21
holders to manage waste themselves shall not be affected by these provisions.
Article 18
Performance of Tasks by Self-Administrative Commercial Bodies
(1) Chambers of commerce, chambers of trade and chambers of agriculture (self-administrative
commercial bodies) may form institutions that can be commissioned, by producers and
holders of waste, with the fulfilment of their recovery and disposal obligations. Article 16
Para 1 Sentences 2 and 3 shall appliy mutatis mutandis.
(2) At the application of the self-administrative commercial bodies, the competent authority may
transfer, completely or in part, obligations of waste producers and holders to the
institutions in a designated area. Article 17 Para 3 through 6 applies mutatis mutandis.
Article 19
Waste Management Concepts
(1) Waste producers who annually produce more than a total of 2,000 kilograms of waste requiring
special supervision, or more than 2,000 tonnes of waste requiring supervision, per waste
category, shall prepare a waste management concept for the avoidance, recovery and
disposal of the produced waste. The waste management concept serves as an internal
planning instrument and must be submitted, upon request, to the competent authority for
evaluation in connection with waste management planning. The waste management
concept shall contain the following:
1. Details concerning the type, amount and whereabouts of waste requiring special
supervision, of waste for recovery requiring supervision, and of waste for disposal,
2. Description of measures, taken and planned, for avoidance, recovery and disposal of
waste,
3. Justification of the necessity of waste disposal, especially including details concerning
lacking possibilities for recovery for reasons listed in Article 5 Para 4,
4. Description of the planned waste management measures for the next five years; waste
producers who carry out waste management themselves must also include information
about the necessary site and facility planning and its chronological sequence,
5. Separate description of the whereabouts of waste listed under No. 1, for recovery or
disposal outside of the Federal Republic of Germany.
22
(2) Preparation of the waste management concept must take account of requirements of waste
management planning pursuant to Article 29.
(3) The waste management concept shall be prepared, for the first time, by 31 December 1999 and
shall cover the subsequent five years. It shall be updated every year, to the extent that the
Länder have made no different provisions by the time this Act comes into force. The
competent authority can require submission of the waste management concept by an
earlier date.
(4) The Federal Government shall mandate, by statutory ordinance and with the consent of the
Bundesrat, and after hearing the parties concerned (Article 60),
1. further requirements concerning the form and content of the documents to be submitted
pursuant to Para 1,
2. exceptions, for certain waste types, to the obligations listed in Paras 1 through 3,
3. individual types of waste for recovery, not requiring special supervision, that are to be
included in the waste management concept.
(5) The public-law parties responsible for waste management within the meaning of Article 15 shall
prepare waste management concepts concerning the recovery and disposal of waste that is
produced in their area and that must be made available to them. Requirements for these
waste management concepts shall be specified by the Länder.
Article 20
Waste Balance Sheet
(1) Parties obligated within the meaning of Article 19 Para 1 shall prepare annual analyses of the
type, amount and whereabouts of waste requiring special supervision, and of waste
requiring supervision, that has been recovered or disposed of during the past year (waste
balance sheet). Such analyses shall be prepared for the first time by 1 April 1998. Upon
request, such parties shall submit such analyses to the competent authority. Article 19 Para
1 Sentence 3 Nos. 1, 3, 5; Para 3 Sentence 1, 2nd part and Para 4 shall apply mutatis
mutandis.
(2) Holders of waste from commercial companies or other business enterprises, or from public
institutions, are obligated to provide information to the obligated parties within the
meaning of Para 1 Sentence 1, to the extent that such holders are required to make waste
23
available to them.
(3) The public-law parties responsible for waste management within the meaning of Article 15 shall
prepare waste balance sheets in accordance with Para 1. The requirements to be fulfilled
by the waste balance sheets are specified by the Länder.
Article 21
Orders in Individual Cases
(1) In individual cases, the competent authority may issue the necessary orders for the
implementation of this Act and of the statutory ordinances issued on the basis of this Act.
(2) The competent authority may issue orders for parties obligated within the meaning of Article 19
Para 1 to commission an expert named by the highest competent Land authority or the
competent authority in accordance with Land law with the review of waste management
concepts and waste balance sheets pursuant to Articles 19 and 20.
(3) If waste management concepts or waste balance sheets are not prepared, are not prepared as
required or are not prepared on time, the competent authority can issue objections and
grant the relevant obligated party a suitable period for improvement.
Part Three
Product Responsibility
Article 22
Product Responsibility
(1) Parties who develop, manufacture, process and treat, or sell products have "product
responsibility" for achievement of the aims of closed substance cycle waste management.
In order to fulfil product responsibility, products must be so designed, if at all possible, that
waste production is reduced within their production and use, and that environmentally
compatible recovery and disposal of the waste resulting from their use is ensured.
(2) In particular, product responsibility comprises
1. the development, production and marketing of products that can be re-used, that are
24
technically durable and that are suitable, after use, for proper and safe recovery and
environmentally compatible disposal,
2. priority for use of recoverable waste or secondary raw materials in the production of
products,
3. labelling of products containing pollutants, in order to ensure environmentally compatible
recovery or disposal of the waste remaining after their use,
4. provision of information concerning possibilities or obligations for return, re-use and
recovery, and concerning deposit-payment arrangements, through product labelling and
5. acceptance of returned goods and of the waste remaining after their use, as well as the
subsequent recovery or disposal of such products and waste.
(3) As part of product responsibility pursuant to Paras 1 and 2, the following must be taken into
account, in addition to proportionality of requirements pursuant to Article 5 Para 4:
provisions resulting from other requirements concerning product responsibility and
protection of the environment, and provisions of Community law concerning the free
movement of goods.
(4) The Federal Government determines, by statutory ordinances on the basis of Articles 23 and 24,
which obligated parties must fulfil product responsibility pursuant to Paras 1 and 2. It also
determines the products for which, and by what means and manner, product responsibility
must be fulfilled. Article 23
Prohibitions, Restrictions and Labelling
For definition of requirements pursuant to Article 22, the Federal Government is authorised, after
hearing the parties concerned (Article 60), to mandate, by statutory ordinance and with the consent
of the Bundesrat, that
1. certain products, especially packaging and containers with only certain characteristics or for
certain uses, for which proper recovery or disposal of produced waste is ensured, may be
put into circulation,
2. certain products may not be put into circulation at all if, during management of their waste, the
release of noxious substances cannot be avoided, or can be avoided only at
disproportionately high expenditure, or if environmentally compatible management cannot
be ensured by other means,
3. certain products shall be put into circulation only in a certain form that clearly facilitates waste
25
management, especially in a form that permits re-use or that facilitates recovery,
4. certain products shall be marked/labelled in a specified manner, especially in order to assure
fulfilment of basic obligations for acceptance of returned goods pursuant to Article 5
(labelling obligation),
5. certain products, due to the content of a noxious substance in the waste expected to remain
after their intended use, shall be put into circulation only if they are provided with
marking/labelling which points out, in particular, the necessity of return to the
manufacturer, distributor or specified third parties, in order to ensure the necessary special
recovery or disposal,
6. for certain products, for which obligations to accept returned goods, or to return goods,
pursuant to Article 24, have been mandated, that the site of sale or putting into circulation
must call attention to the possibility of returning the goods, or that the products must be
appropriately labelled,
7. certain products, for which levying of a deposit pursuant to Article 24 has been mandated, must
be appropriately labelled; if necessary, such labelling must include mention of the amount
of the deposit.
Article 24
Obligation to Return Certain Goods and Obligation to Accept Returned Goods
(1) For definition of requirements pursuant to Article 22, the Federal Government is authorised,
after hearing the parties concerned (Article 60), to mandate, by statutory ordinance and
with the consent of the Bundesrat, that manufacturers or distributors
1. may sell or put into circulation certain products only after providing a possibility for
returning the pertinent goods,
2. shall accept certain products when returned and shall provide for return, by suitable
measures, especially by means of systems for accepting returned goods, or by levying a
deposit,
3. must accept certain products at the place where they are sold or where they occur,
4. shall keep records, to be presented to the Land, competent authority or party responsible
for management within the meaning of Articles 15, 17 or 18, concerning the type, amount,
recovery and disposal of returned waste, and shall retain and keep relevant documents, to
be presented upon request.
(2) For definition of requirements pursuant to Article 22 and for supplementary definition of
obligations of producers and holders of waste, and of the parties responsible for waste
26
management within the meaning of Articles 15, 17 and 18, and within the framework of
closed substance cycle waste management, the following may also be mandated in a
statutory ordinance pursuant to Para 1:
1. which party is responsible for paying the costs for acceptance, recovery and disposal of
products that must be accepted when returned,
2. that holders of waste must make waste available to manufacturers or distributors obligated
pursuant to Para 1,
3. the means and manner by which waste shall be made available, including measures within
the meaning of Article 4 Para 5 for provision, collection and transport, and including wastebringing
obligations of the owners named under No. 1,
4. that the parties responsible for waste management within the meaning of Articles 15, 17
and 18 shall co-operate in accepting returned goods, as a task entrusted to them, by
collecting waste and making it available to parties obligated pursuant to Para 1.
Article 25
Voluntary Acceptance of Returned Goods
(1) The Federal Government may define aims for the voluntary acceptance of returned waste, after
hearing the parties concerned (Article 60), that are to be attained within an appropriate
period. It shall publish such defined aims in the Federal Gazette.
(2) Manufacturers and distributors who voluntarily accept returned waste for disposal, or waste for
recovery requiring supervision or waste for recovery requiring special supervision, must
notify the competent authority of such acceptance. The competent authority for receiving
such notification should grant exemptions from obligations pursuant to Article 49, and from
proof obligations pursuant to Articles 43 and 46, to the extent that the voluntary
acceptance of returned waste promotes the aims of closed substance cycle waste
management pursuant to Articles 4 and 5 and other suitable proof is furnished that the
accepted waste is properly recovered and disposed of.
Article 26
Obligations of Holders after Acceptance of Returned Goods
Manufacturers and distributors who accept returned waste on the basis of a statutory ordinance
pursuant to Article 24, or who voluntarily accept returned waste, shall be subject to the obligations
27
of waste holders pursuant to Articles 5 and 11.
Part Four
Planning Responsibility
Section One
Regulation and Planning
Article 27
Regulation of Waste Disposal
(1) For purposes of disposal, waste may be treated, stored or landfilled only in authorised plants or
facilities (waste disposal facilities). In addition, treatment of waste for disposal shall be
permitted in facilities that primarily serve a purpose other than waste disposal and that
require a licence pursuant to Article 4 of the Federal Immission Control Act. Storage or
treatment of waste for disposal in waste disposal facilities for these purposes shall also be
permitted to the extent that such facilities, as insignificant facilities pursuant to the Federal
Immission Control Act, do not require a licence, and no other provisions are made in
statutory ordinances pursuant to Article 12 Para 1 or pursuant to Article 23 of the Federal
Immission Control Act or in general administrative regulations pursuant to Article 12 Para
2.
(2) In individual cases, the competent authority may permit exceptions to Para 1 Sentence 1, while
reserving a right of revocation, if such action does not impair the public interest.
(3) The Land governments may permit, through statutory ordinance, disposal of certain waste, or of
certain amounts of such waste, outside of facilities within the meaning of Para 1 Sentence
1, to the extent that there is a need for such disposal and that it is not expected to impair
the public interest. In such cases, the Land governments may also determine the
prerequisites for such disposal, and the type and means of such disposal, by statutory
ordinance. The Land governments may transfer, by statutory ordinance and completely or
in part, such powers to other authorities.
28
Article 28
Execution of Disposal
(1) The competent authority may require the operator of a waste disposal facility to permit a party
obligated to carry out disposal pursuant to Article 11, and parties responsible for waste
management within the meaning of Articles 15, 17 and 18, to use the relevant waste
disposal facility, for an appropriate fee, to the extent that such a party or parties cannot
efficiently dispose of the waste by other means, or can dispose of it only at a considerable
additional cost, and that such use does not place an unreasonable burden on the operator.
If agreement cannot be reached concerning the amount of the relevant fee, it shall be
determined by the competent authority. Such assignment may take place only when it does
not conflict with provisions of this Act; fulfilment of basic obligations pursuant to Article 11
must be ensured. The competent authority shall require the party receiving such
assignment to submit waste management concepts and shall use these concepts as the
basis for its decision. By application of the party obligated pursuant to Sentence 1, the
party receiving the assignment can be obligated to accept waste of the same type, and in
the same amount, after lapse of the reasons for the assignment.
(2) The competent authority may transfer, to the operator of a waste disposal facility who is able to
dispose of waste more economically than the parties responsible for waste management
within the meaning of Articles 15, 17 and 18, on the application of such an operator,
responsibility for disposal of the relevant waste. Such transfer can be coupled to the
requirement that the applicant dispose of all waste occurring in the area for which the
parties responsible for waste management are responsible, for reimbursement of costs, if
the parties responsible for waste management cannot dispose of the remaining waste, or
can dispose of it only at a disproportionately high expenditure; this does not apply if the
applicant shows that assumption of responsibility for disposal would represent an
unreasonable burden.
(3) The party holding mining rights for, or the entrepreneur of, a mineral mining operation, as well
as the titleholder or owner of land used for mineral mining, or party otherwise authorised
to dispose over such land, can be obligated by the competent authority to tolerate disposal
of waste in exposed tunnels in his facility, or on his land, to permit access and, to the
extent that this is required, to make available existing facility equipment or facilities, or
portions thereof. The party responsible for the disposal must reimburse the relevant party
for incurred costs resulting from such use. The competent authority shall determine the
29
content of this obligation. The priority of mineral extraction over waste disposal shall not be
affected. The party required to tolerate such use shall not be liable for damage resulting
from the waste disposal.
(4) Dumping of waste for disposal on the high seas and incineration of wastes on the high seas
shall be prohibited in accordance with the Act on the Prohibition of Dumping of Wastes and
Other Matter of Objects on the High Seas of 25 August 1998 (Federal Law Gazette I p.
2455). Dumping of dredged material on the high seas shall be permitted subject to the
provision of the Act referred to in Sentence 1, depending on the material’s constituents.
Article 29
Waste Management Planning
(1) The Länder shall prepare waste management plans, for their respective areas, in keeping with
supraregional perspectives. The waste management plans shall include descriptions of the
following:
1. the aims of waste avoidance and recovery and
2. the waste disposal facilities required to ensure waste disposal within the national borders.
The waste management plans shall list the following:
1. authorised waste disposal facilities and
2. suitable areas for waste disposal facilities for final landfilling of waste (landfills) and for
other waste disposal facilities.
The plans can also mandate which parties responsible for waste management are to be chosen
and which waste disposal facility the parties responsible for disposal must use.
(2) Description of demand must take into account future developments expected within a period of
at least ten years. To the extent this is necessary for description of demand, waste
management concepts and waste balance sheets must be evaluated.
(3) An area may be considered suitable within the meaning of Para 1 Sentence 3 No. 2 if its
location, size and nature, with regard to the planned use, does not conflict with the waste
management aims within the plan area, and if it does not clearly conflict with the public
interest. Site determination pursuant to Para 1 shall not a prerequisite for plan approval or
for licensing of the waste disposal facilities listed in Article 31.
(4) Assignments within the meaning of Para 1 Sentence 3 No. 2 and Sentence 4 can be declared
30
binding for the party obligated to carry out disposal.
(5) Waste management planning must take into account the aims, principles and other
requirements of town and country planning. Article 7 Para 3 Sentence 1 and Sentence 2
No. 3 of the Regional Development Act ( Raumordnungsgesetz) shall not be affected.
(6) The Länder should co-ordinate their waste management planning to and with each other. If
planning is required that extends beyond a Land boundary, the affected Länder, in
preparing waste management plans, should reach mutual agreement concerning
requirements and measures.
(7) Communities, or amalgamations of communities, and the parties responsible for waste
management within the meaning of Articles 15, 17 and 18, shall be involved in preparation
of waste management plans.
(8) The Länder shall regulate procedures for preparation of plans and for declaring them to be
binding.
(9) The plans shall be prepared, for the first time, by 31 December 1999; thereafter, they are to be
updated every five years.
Section Two
Authorisation of Waste Management Facilities
Article 30
Exploration of Suitable Sites
(1) Owners of land, and parties entitled to use land, shall permit persons commissioned by the
competent authority, or by the parties responsible for waste management within the
meaning of Articles 15, 17 and 18, to enter premises, except for residences, and to carry
out surveying, soil and groundwater studies or other similar work, in order to explore
suitable sites for landfills and publicly accessible waste disposal facilities. Landowners and
parties entitled to use land shall be notified in advance of any intentions to enter on to the
relevant premises and to carry out such work.
(2) The competent authority and the parties responsible for waste management within the meaning
31
of Articles 15, 17 and 18, after completing such work, must restore, without delay, the
relevant premise to its condition prior to the relevant work. They are permitted to require,
however, that equipment installed in connection with such exploration not be disturbed.
Such equipment shall be removed when it is no longer needed for the exploration, or if a
decision concerning the exploration has not been taken within two years after installation
of the equipment and the land owner or party entitled to use the land has lodged an
objection, with the competent authority, to its continued presence on the land.
(3) Land owners, and parties entitled to use land, can require monetary compensation, from the
competent authority, for losses of assets incurred through permissible measures pursuant
to Para 2.
Article 31
Plan Approval and Planning Permission
(1) The construction and operation of stationary waste disposal facilities for storage or treatment of
waste for disposal, and significant changes in such facilities or their operation, require
licensing pursuant to the provisions of the Federal Immission Control Act; further licensing
pursuant to this Act is not required.
(2) The construction and the operation of landfills, and significant changes in such facilities or their
operation, require plan approval by the competent authority. As part of the plan approval
procedure, an environmental impact assessment, pursuant to the provisions of the Act on
the Assessment of Environmental Impacts, shall be carried out.
(3) Article 74 Para 6 of the Administrative Procedures Act shall apply subject to the proviso that the
competent authority may issue a planning permission, instead of a plan approval decision,
upon application or ex officio, only if
1. construction and operation of an insignificant landfill are applied for, provided that such
construction and operation is not likely to have any significant adverse effects on a good
requiring protection referred to in Article 2 Para 1 Sentence 2 of the Act on the Assessment
of Environmental Impacts or
2. significant changes in a landfill or in its operation are applied for, to the extent that such
changes can have no significant adverse effects on a good requiring protection as
mentioned in Article 2 Para 1 Sentence 2 of the Act on the Assessment of Environmental
Impacts, or
32
3. application is made for construction and operation of a landfill that, exclusively or
predominantly, is used for development and testing of new operations, and the planning
permission is to be issued for a maximum period of two years following the operational
start-up of the facility; upon application, this period can be extended for up to one
additional year.
Planning permission in accordance with Sentence 1 No. 1 cannot be issued for landfills for the
storage of waste requiring special supervision; for such facilities, authorisation pursuant to
Sentence 1 No. 3 may be issued for a maximum period of one year. Furthermore, planning
permission pursuant to Sentence 1 No. 1 cannot be issued for landfills for storage of waste not
requiring special supervision where such landfills have an acceptance capacity of ten tonnes or
more per day or a total capacity of 25,000 tonnes or more; this shall not apply to landfills for
inert waste. The competent authority should carry out a permission procedure if the changes will
not have any significant adverse impacts on a good requiring protection as mentioned in Article
2 Para 1 Sentence 2 of the Environmental Impact Assessment Act and have the purpose of
bringing about a significant improvement for such goods.
(4) Article 15 Paras 1 and 2 of the Federal Immission Control Act shall apply mutatis mutandis.
Sentence 1 shall also apply to the landfills mentioned in Article 35.
(5) The party responsible for the project may apply for plan approval or planning permission for
changes subject to notification pursuant to Para 4.
Article 32
Issuing, Security, Secondary Provisions
(1) The plan approval decision pursuant to Article 31 Para 2, or a planning permission pursuant to
Article 31 Para 3, may be issued only if
1. it is ensured that the public interest is not impaired, in particular,
a) that dangers to natural resources requiring protection, as named in Article 10 Para
4, cannot arise and
b) that precautions are taken against impairment of natural resources requiring
protection, especially through construction-related, operational or organisational
measures in keeping with the state of the art,
c) that energy is to be used economically and efficiently,
2. no facts are presented that justify reservations concerning the reliability of the persons
responsible for the construction, management or supervision of the landfill''s operation or
33
after-care phase, 3. these persons, and other relevant staff, possess the necessary relevant knowledge and
expertise,
4. no adverse effects on the rights of another person are to be expected and
5. the conclusions of a waste management plan that have been declared legally binding do
not conflict with the project.
(2) The adverse effects on the rights of another person, as described in Para 1 No. 3, do not conflict
with the issuing of a plan approval or planning permission if they can be pre-vented, or
compensated for, through restrictions or conditions, or when the affected party does not
lodge objections to them. Para 1 No. 3 shall not apply if the project serves the public
interest. If a plan approval is issued in this case, the affected party must be monetarily
compensated for the resulting financial loss.
(3) The competent authority may require the owner of a landfill to provide security for recultivation,
and for preventing or eliminating any impairment of the public interest after closure of the
facility.
(4) The plan approval decision, and the planning permission pursuant to Para 1, may be made
subject to certain conditions, linked with certain requirements and issued for limited terms,
to the extent that this is required to protect the public interest. The competent authority
shall review, both regularly and with special occasion, whether the plan approval decision
and the permission pursuant to Para 1 are in keeping with the most recent level of the
requirements specified in Para 1 Nos. 1 to 3 and 5. Addition, revision, or supplementation
of conditions concerning requirements for the landfill, or its operation, is permitted even
after the plan approval or planning permission has been issued. The Federal Government
shall be authorised, after hearing the concerned parties (Article 60), to mandate, by means
of statutory ordinance and with the consent of the Bundesrat, the time at which the
competent authority is required to carry out reviews and issue the requirements specified
in Sentence 3.
Article 33
Authorisation of Early Commencement
(1) In a plan approval or planning permission procedure, the authority competent for plan approval
or issuing of the planning permission may give permission, subject to revocation and for a
34
period of six months, for construction of the project, including the measures necessary to
review the landfill''s operational suitability, to begin prior to plan approval or issuing of the
planning permission, if
1. a decision in favour of the party responsible for the project can be expected,
2. such early commencement is in the public interest and
3. the party responsible for the project obligates himself to repair all damage caused by
project execution, prior to the relevant decision, and, if the project does not receive plan
approval or planning permission, to restore the relevant site to its former condition.
This period may, upon application, be extended by six months.
(2) The competent authority shall require security if this is required to ensure that the party
responsible for the project fulfils his obligations.
Article 34
Plan Approval Procedure and Further Administrative Procedures
(1) Articles 72 through 78 of the Administrative Procedures Act ( Verwaltungsverfahrensgesetz) shall
apply to the plan approval procedure. The Federal Government is herewith authorised,
through statutory ordinance and with the consent of the Bundesrat, to regulate further
details of the plan approval procedure, especially the type and extent of the application
documents, the details of the notification procedure pursuant to Article 31 Para 4 and the
procedure for establishing closure pursuant to Article 36 Para 3 and for establishing
completion of the after-care phase pursuant to Article 36 Para 5.
(2) Objections within the framework of the authorisation procedure must be made in writing within
the legally mandated period.
Article 35
Existing Waste Disposal Facilities
(1) The competent authority may ordain term-limitations, conditions and requirements for the
operation of landfills operated before 11 June 1972 or whose construction commenced
before that date. It may prohibit the operation of such facilities, completely or in part, if a
considerable impairment of the public interest cannot be prevented through restrictions,
conditions or term-limitations.
35
(2) Within the area named in Article 3 of the Unification Treaty, the competent authority may ordain
term-limitations, conditions and requirements for the construction and operation of landfills
operated before 1 July 1990 or whose construction commenced before that date. Para 1
Sentence 2 applies accordingly.
Article 36
Closure
(1) The owner of a landfill for which closure is intended must notify the competent authority without
delay of such intended closure. Such notification must be accompanied by documents
concerning the type of landfill, its size and operating procedures, as well as intended
recultivation and other measures to protect the public interest.
(2) Where relevant arrangements are not contained in the plan approval decision pursuant to Article
31 Para 2, in the permission pursuant to Article 31 Para 3, in conditions and requirements
pursuant to Article 35 or in the environmental-law provisions applying to the landfill, the
competent authority shall require the landfill owner to
1. recultivate, at his own cost, the land used for a landfill pursuant to Para 1,
2. take all other measures necessary, at his own cost, including monitoring and control
measures during the after-care phase, in order to fulfil the requirements specified in Article
32 Paras 1 to 3, even after closure, and
3. report to the competent authority all results of monitoring that provide indications of
significant adverse environmental impacts.
If there is reason to suspect that a closed landfill pursuant to Para 1 is the source of any harmful
changes in the soil or any other dangers to individuals or the general public, relevant identification,
examination, assessment and rehabilitation shall be subject to the provisions of the Federal Soil
Protection Act.
(3) The competent authority shall establish the completion of closure (final closure).
(4) The obligation pursuant to Para 1 shall also exist for owners of facilities in which waste requiring
special supervision is produced.
(5) The competent authority shall establish, upon application, the completion of the after-care
phase. Article 36a
Emissions Declaration
(1) The operator of a landfill shall be obligated to provide information to the competent authority,
within a period to be set by that authority or at a time defined in the statutory ordinance
pursuant to Article 2, regarding the nature, amount and spatial and chronological
distribution of emissions that have been emitted by the facility within a given period, as
well as about the conditions under which such emissions have occurred (emissions
declaration); he shall furthermore supplement, in keeping with the latest developments,
the emissions declaration in keeping with the statutory ordinance pursuant to Para 2. This
shall not apply to operators of landfills that emit only small amounts of emissions.
(2) The Federal Government shall be authorised to define, by statutory ordinance and with the
consent of the Bundesrat, the landfills for which obligations to submit emissions
declarations shall apply, and to define the contents, length and form of such declarations,
the times at which such declarations must be submitted and the procedures that must be
complied with in emissions determination. Such statutory ordinance shall also specify what
operators pursuant to Para 1 Sentence 2 shall be exempted from obligations to submit
emissions declarations.
(3) Article 27 Para 1 Sentence 2, Paras 2 and 3 of the Federal Immission Control Act shall apply
mutatis mutandis.
(4) The obligations to submit emissions declarations pursuant to Article 1 shall arise upon the entry
into force of the statutory ordinance pursuant to Para 2.
Article 36b
Access to Information
Plan approval decisions pursuant to Article 31 Para 2, permissions pursuant to Article 31 Para 3,
orders pursuant to Article 35, all rejections and changes of or to such decisions, and all results,
submitted to the competent authority, of monitoring of landfill emissions shall be made available to
the public, pursuant to the provisions of the Environmental Information Act of 8 July 1994 (Federal
Law Gazette I p. 1490), last amended by Article 21 of the Act for implementation of the EIAAmendment
Directive, the IPPC Directive and other EC environmental protection directives of 27
July 2001 (Federal Law Gazette I p. 1950), with the exception of Article 10.
37
Article 36c
Statutory Ordinances on Requirements for Landfills
(1) The Federal Government shall be authorised to mandate by statutory ordinance, after hearing
the concerned parties and with the consent of the Bundesrat, that the construction,
characteristics, operation, condition after closure and operator''s own monitoring of landfills
must be able meet certain requirements for compliance with Article 32 Para 1, Articles 35
and 36 and for implementation of binding decisions of the European Communities relative
to the purpose set forth in Article 1 and, in particular,
1. that relevant sites must meet certain requirements,
2. that landfills must meet certain operational, organisational and technical requirements,
3. that the waste stored in landfills must meet certain requirements,
4. that the emissions emitted by landfills must not be permitted to exceed certain thresholds,
5. that operators must carry out, or have carried out, certain types of measurements and
monitoring during operation and the after-care phase,
6. that operators must have experts carry out certain testing
a) during construction or, otherwise, prior to the landfill''s commissioning,
b) after the landfill''s commissioning or a change within the meaning of Article 31 Para 2 or
5,
c) at regular intervals, or
d) during or after closure,
7. that operators may be permitted to
a) commission the landfill,
b) begin operations after a significant change has been made,
c) complete closure,
only after the competent authority has carried out relevant acceptance,
8. what measures must be taken in order to prevent accidents and to limit the effects of
accidents,
9. that operators must report to the competent authority without delay, during operation and
in the after-care phase, all results of monitoring that provide indications of significant
adverse environmental impacts and all accidents that could have such impacts, and to
submit regular reports, to the competent authority, with results of the measurement and
monitoring measures specified in the statutory ordinance.
Any possible shifting of adverse impacts from one good requiring protection to another shall be
taken into account in specification of requirements; a high overall level of protection for the
environment shall be ensured.
38
(2) The statutory ordinance may specify the extent to which the requirements specified, pursuant to
Para 1, to protect against impairments of the good requiring protection specified in Article
10 Para 4 have to be fulfilled, following the expiration of certain transition periods, where
less stringent requirements have been established, as of the entry into force of the
statutory ordinance, in a plan approval decision, a permission or a provision under Land
(state) law. In particular, the nature, characteristics and amount of stored waste, the
relevant site conditions, the type, amount and dangerousness of the emissions emitted by
the landfills and the landfills'' operational lifetimes and technical characteristics shall be
taken into account in specification of the duration of transition periods and of the applicable
requirements. Sentences 1 and 2 shall apply mutatis mutandis to the landfills specified in
Article 35 Para 1 and 2.
(3) The Federal Government shall be authorised to specify by statutory ordinance, after hearing the
concerned parties and with the consent of the Bundesrat, what requirements shall apply to
the reliability and expertise of the persons responsible for construction of the landfill, and
for the management or supervision of its operation, and to the expertise of other staff,
including ongoing further training of such persons, in order to fulfil Article 32 Para 1 Nos. 1
and 3, and to implement binding decisions of the European Communities.
(4) The Federal Government shall be authorised to mandate by statutory ordinance, with the
consent of the Bundesrat, that owners of certain landfills must provide security or other
equivalent means of safeguard, and to issue provisions concerning the nature, extent and
amount of the required security pursuant to Article 32 Para 3 or other equivalent means of
safeguard and to specify for how long such security or other equivalent means of
safeguard must be provided.
(5) Article 7 Para 3 shall apply mutatis mutandis to the statutory ordinances pursuant to Paras 1 to
3.
(6) Where the Länder have issued provisions, by 3 August 2001, regarding operators'' own
monitoring, such provisions shall continue to apply until the entry into force of a statutory
ordinance pursuant to Para 1.
39
Article 36d
Costs for Storage of Waste
(1) The costs, under private law, charged by the operator for storage of waste must cover all costs
for construction and operation of the landfill, including the costs of security or other
equivalent means of safeguard required from the operator and the estimated costs for
closure and after-care for a period of at least 30 years. Where fulfilment of the aim of
Sentence 1 is assured, via exemptions pursuant to Section 4 Article 3 of the Environmental
Framework Act, relevant application of costs for closure and after-care, and of costs for
security, shall be waived in calculation of charges.
(2) The Länder shall ensure that the provisions of Article 10 of Council Directive 1999/31/EC of 26
April 1999 on the landfill of waste (OJ EC NO. L 182 p. 1) (Landfills Directive) are
implemented in their own tax laws.
(3) The operators and parties responsible, under public law, for waste management, as mentioned
in Paras 1 and 2, shall record the costs specified in Para 1 and shall provide the competent
authority, within a period to be specified by the authority, with overviews of such costs and
of collected charges, public levies and expenditures.
(4) Paras 1 to 3 shall apply mutatis mutandis to coverage of costs of facilities that are subject to
permitting within the meaning of the Federal Immission Control Act and that fall within the
scope of application of Council Directive 1999/31/EC of 26 April 1999 on the landfill of
waste (OJ EC NO. L 182 p. 1).
Part Five
Promotion of Sales
Article 37
Obligations of the Public Sector
(1) The Federal Authorities, as well as public-law legal entities, special assets and other agencies
under federal supervision, are obligated to contribute, through their behaviour, to the
attainment of the aims of Article 1. In particular, they shall examine, in connection with the
design of work procedures, procurement or use of materials and consumer durables, and in
connection with construction projects and other types of contracts, and taking into account
Articles 4 and 5: whether, and to what extent, products can be used that are particularly
40
durable, are easy to repair and are reusable or recoverable; as well as products that, in
comparison to other products, result in less or less-polluting waste and products
manufactured from waste for recovery.
(2) The agencies named in Para 1 shall strive to ensure, within the framework of their resources,
that private law companies in which they have interests fulfil obligations pursuant to Para
1.
(3) Special requirements, resulting from legal provisions or reasons of environmental protection, for
the use of products or materials, are not affected.
Part Six
Obligation to Provide Adequate Information
Article 38
Obligation to Provide Advice and Information Concerning Waste
(1) Parties responsible for waste management within the meaning of Article 15, 17 and 18 are
obligated, within the framework of tasks conferred on them, and through selfadministration,
to provide information and advice concerning possibilities for avoiding,
recovering and disposing of waste. Self-administrative authorities in industry and business
are also obligated to provide advising. The parties so obligated may commission third
parties pursuant to Article 16 Para 1 to carry out this task.
(2) Upon request, the competent authority shall provide information, concerning existing suitable
waste disposal facilities, to parties obligated by this Act to carry out disposal.
Article 39
Informing the Public
The Länder shall inform the public concerning progress achieved in avoidance and recovery of waste
and concerning ensured status of waste disposal. Such information shall contain, taking into account
existing secrecy requirements, a summary and evaluation of waste management plans, a
comparison to the previous such report and a prediction for the subsequent reporting period.
41
Part Seven
Supervision
Article 40
General Supervision
(1) Waste avoidance, in keeping with statutory ordinances issued on the basis of Articles 23 and 24,
as well as recovery and disposal of waste, shall be subject to supervision by the competent
authority.
(2) The following parties shall provide information concerning operation, facilities, installations and
other areas/objects subject to supervision to persons commissioned by the supervisory
authority:
1. Producers or owners of waste,
2. Parties obligated to carry out waste management,
3. Operators of recovery and waste disposal facilities, even if the relevant facilities have been
closed,
4. Former operators of waste recovery and waste management facilities, even if the relevant
facilities have been closed,
5. Operators of wastewater facilities that also recover and dispose of waste,
6. Operators of facilities within the meaning of the Federal Immission Control Act in which
waste is also recovered and disposed of.
Parties obligated to provide information shall allow the persons commissioned by the competent
authority, in order to check fulfilment of obligations pursuant to Articles 5 and 11, to enter
premises, including offices and shops, to inspect documents and to conduct technical
investigations and tests. The parties obligated to provide information are also required to permit
entry, for these purposes, into the parties'' homes, if this is required to avert imminent danger to
public safety or order. The basic right to the inviolability of the home (Article 13 of the Basic
Law) shall be restricted to that extent.
(3) Operators of recovery and waste disposal facilities, or of facilities that also recover and dispose
of waste, are required to make such facilities accessible, to provide the manpower, tools
and documents necessary for supervision and, following the relevant order of the
competent authority, to permit the condition and operation of the relevant facility to be
inspected, at their own cost.
42
(4) The party required to provide information may refuse to do so in respect of questions which, if
answered, would expose him or one of the dependants mentioned in Article 383 Para 1
Nos. 1 through 3 of the Code of Civil Procedure to the risk of penal prosecution or of
proceedings under the Administrative Offences Act ( Gesetz über Ordnungswidrigkeiten).
Article 41
Waste Requiring Supervision
(1) Special requirements, in keeping with this Act, are to be placed on the supervision and disposal
of waste from commercial companies or other business enterprises or public institutions,
that, due to its type, nature or amount, poses a particular risk to health, air quality or
water quality, that is explosive or flammable or that contains or could foster pathogens of
communicable diseases (waste for disposal that requires special supervision). The Federal
Government shall determine, after hearing the parties concerned (Article 60), by statutory
ordinance and with the consent of the Bundesrat, which waste for disposal requires special
supervision.
(2) All waste for disposal that does not fall under Para 1 requires supervision.
(3) The Federal Government is herewith authorised, after hearing the parties concerned (Article 60),
by statutory ordinance and with the consent of the Bundesrat, to determine that the
following waste is waste for recovery:
1. waste for which recovery and supervision, on the basis of the substance characteristics
mentioned in Para 1 and in keeping with this Act, must be made subject to special
requirements (waste for recovery that requires special supervision),
2. waste for which, as a result of its type, nature or amount, certain requirements are needed
to ensure proper and safe recovery (waste for recovery that requires supervision).
(4) The competent authority may, in individual cases, classify waste in a manner that differs from
that of Paras 1 through 3, to the extent that this does not conflict with the interests
mentioned there.
43
Article 42
Optional Proof Procedure Concerning Waste Disposal
(1) The competent authority may mandate that owners of waste that is not disposed of together
with household waste shall provide proof of the type and amount of this waste, and of its
disposal, shall keep a record book, shall keep and store relevant records and shall submit
such record books and records to the competent authority for inspection.
(2) The proof pursuant to Para 1 may be required
1. before the commencement of the planned disposal, and consisting of an owner''s
declaration, a declaration of acceptance by the party carrying out disposal and confirmation
by the competent authority and
2. after execution of the disposal; consisting of appropriate documentation of the
whereabouts.
The competent authority is authorised, within the province of its duties, to take the decision
concerning the type, extent and content of the required documentation.
(3) Parties obligated pursuant to Article 40 Para 2 Sentence 1 shall, even if no order is made
pursuant to Para 1, keep and store, for a period of five years, records intended for them
and testifying their dealings with waste for disposal. They shall do this for the purpose of
providing proof. This five-year period shall apply unless a statutory ordinance pursuant to
Article 48 No. 4 sets forth a different period.
Article 43
Mandatory Proof Procedure Concerning the Disposal of
Waste Requiring Special Supervision
(1) Obligated parties named in Sentence 2 shall keep a record book and submit records, in keeping
with Article 42 Paras 1 and 2, concerning the disposal of waste requiring special supervision,
but not concerning the small amounts set forth by statutory ordinance pursuant to
Article 48 No. 5. They shall do this even without special request from the competent
authority. The parties so obligated include 44
1. the operator of a facility in which waste of this type occurs,
2. all persons who collect or transport waste of this type,
3. the operator of a waste disposal facility and
4. the operator of a wastewater facility, or of a facility within the meaning of the Federal
Immission Control Act, in which waste of this type is also disposed of.
(2) Parties who fulfil the prerequisites mentioned in Para 1 No. 1 through 4 must notify the
competent authority accordingly.
(3) The competent authority may exempt, upon application, a party obligated pursuant to Para 1
from keeping a record book, or from submitting records; such exemption, which is subject
to revocation, may be either global or apply only to certain types of waste, and is possible
to the extent that no impairment of the public interest is expected.
Article 44
Exceptions to the Mandatory Proof Procedure
(1) When waste producers or owners shall dispose of waste in facilities of their own that are tightly
interconnected, both spatially and operationally, the proofs are replaced by waste
management concepts and waste balance sheets. Proof pursuant to Article 43, or simplified
proof pursuant to Article 42 Para 3, shall not be required. The competent authority''s
power, pursuant to Article 42 Para 1, to require proofs in individual cases, shall remain
unaffected.
(2) If such own disposal is carried out in facilities that are not tightly interconnected, both spatially
and operationally, the competent authority should not require submission of proof pursuant
to Article 43, if compatibility with the public interest of such own disposal can be proven
through waste management concepts and waste balance sheet. In this case, Para 1
Sentences 2 and 3 shall apply accordingly.
Article 45
Optional Proof Procedure for Waste Recovery
(1) The provisions set forth by Article 42 for waste recovery shall apply to the proof procedure for
waste recovery.
45
(2) Proof of recovery of waste not requiring special supervision should be ordained only if the public
interest requires this. If the competent authority, pursuant to Para 1, in combination with
Article 42, requests proof of recovery of waste requiring special supervision, this request
shall be limited to the following:
1. notification concerning the type and amount of the produced waste and concerning the
intended recovery or
2. proof of recovery carried out or
3. proof of the whereabouts of the relevant waste.
(3) Obligated parties pursuant to Article 40 Para 2 Sentence 1, even without order pursuant to Para
1 in combination with Article 42 Para 1, shall retain and store records intended for them in
connection with their dealings with waste requiring special supervision, for the purpose of
proof.
Article 46
Mandatory Proof Procedure for the Recovery of Waste Requiring Special Supervision
(1) Obligated parties named in Sentence 2 shall keep a record book and submit records, in keeping
with Article 42 Paras 1 and 2, concerning the recovery of waste requiring special
supervision, but not concerning the small amounts set forth pursuant to Article 48 No. 5.
They shall do this even without special request from the competent authority. The parties
so obligated include:
1. the operator of a facility in which waste for recovery requiring special supervision is
produced,
2. every person who collects or transports waste for recovery requiring special supervision,
3. the operator of a facility in which waste requiring special supervision is recovered, and
4. the operator of a facility, within the meaning of the Federal Immission Control Act, that
also recovers waste requiring special supervision.
(2) Parties who fulfil the prerequisites mentioned in Para 1 No. 1 through 4 must notify the
competent authority accordingly.
(3) The competent authority may exempt, upon application, a party obligated pursuant to Para 1
from keeping a record book, or from submitting records; such exemption, which is subject
to revocation, may be either global or apply only to certain types of waste, and is possible
46
to the extent that no impairment of the public interest is expected.
Article 47
Exceptions to the Mandatory Proof Procedure
(1) When waste producers or holders recover waste in facilities of their own that are tightly
interconnected, both spatially and operationally, the proofs shall be replaced by waste
management concepts and waste balance sheets. Proof pursuant to Article 46, or simplified
proof pursuant to Article 45 Para 3, shall not be required. The competent authority''s
powers, pursuant to Article 45 Para 1, to require proofs in individual cases, shall remain
unaffected.
(2) If recovery is carried out in facilities other than those mentioned in Para 1, the competent
authority should not require submission of proof pursuant to Article 46, if the compliance
and safety of the recovery can be proven through waste management concepts and waste
balance sheet. In this case, Para 1 Sentences 2 and 3 shall apply mutatis mutandis.
Article 48
Statutory Ordinances Concerning Proof of Recycling and Disposal
The Federal Government is herewith authorised, after hearing the parties concerned (Article 60),
through statutory ordinance and with the consent of the Bundesrat, to determine
1. that the required proof and record books, and the retention and storage of records, must meet
certain requirements,
2. that different requirements apply to the documents mentioned in No. 1, for certain waste types
or groups,
3. that the competent authority, upon application, may determine the type, extent and content of
the proof obligation to be different from the type, extent and content set forth in statutory
ordinances pursuant to No. 1,
4. that the proofs, record books and records mentioned in No. 1 are to be stored for a certain
period,
5. the small amounts for which, pursuant to Article 43 Para 1 or Article 46 Para 1, records need not
be submitted; these amounts may vary, in accordance with the type and nature of the
relevant waste,
6. which parties are subject to the obligation to provide notification, pursuant to Article 43 Para 2
47
and Article 46 Para 2, as well as the form and content of the relevant notification.
Article 49
Transport Licences
(1) Waste for disposal may be commercially collected and transported only with a licence (transport
licence) issued by the competent authority. This shall not apply
1. to the parties responsible for waste management within the meaning of Arts 15, 17 and 18,
and for the third parties commissioned by these parties,
2. to the collection or transport of excavated earth, roadway rubble or construction rubble, to
the extent that such materials do not contain pollutants,
3. to the collection or transport of small amounts of waste, under the responsibility of
commercial enterprises, except where the competent authority, upon application or ex
officio, has exempted such enterprises from the licensing obligation pursuant to Sentence
1.
(2) The licence shall be granted if no facts are known that justify reservations concerning the
reliability of the applicant or of the persons responsible for managing and supervising of
operations, and if the collector, transporter and third parties commissioned by them
possess the necessary knowledge and expertise. The licence may be tied to restrictions, if
this is necessary to protect the public interest. Issue of a transport licence does not exempt
the licencee from the obligation of submitting required proofs on the basis of statutory
ordinances pursuant to Articles 12, 24 and 48, prior to the commencement of collection or
transport operations.
(3) The Federal Government is herewith authorised, through statutory ordinance and with the
consent of the Bundesrat, to issue provisions concerning the application materials as well
as the form and content of the transport licence. Such statutory ordinance may also specify
requirements pertaining to knowledge and expertise pursuant to Para 2 Sentence 1, may
impose restrictions and may stipulate that the validity of the permission, in certain cases,
shall depend on provision of the proof specified in Para 2 Sentence 3.
(4) The licence shall be valid for the Federal Republic of Germany. The competent authority shall be
the authority of the Land in which the transporter or collector has his main location.
(5) Statutory ordinances issued, for safety reasons, in connection with the transport of hazardous
48
goods, shall not be affected.
(6) If licences are required pursuant to Para 1, vehicles with which waste is transported on public
roads shall be fitted with two rectangular, reflective, white warning panels with a baseline
of at least 40 centimetres and a height of at least 30 centimetres; the warning panels must
carry the inscription "A", written in black (letter height 20 centimetres, letter-stroke width 2
centimetres). During transport, the vehicle shall carry these warning panels both in front
and in back; they shall be in a clearly visible position, perpendicular to the axle and not
higher than 1.50 metres above the roadway. Tractor-trailers must carry the second panel
at the rear of the trailer. The vehicle''s driver is responsible for attaching the warning
panels.
Article 50
Licence for Agency Transactions and for Other Cases
(1) Parties who, without being in possession of waste, wish to provide commercial agency services,
for third parties, for movement of waste, shall require a licence from the competent
authority. The licence shall be issued, if no facts are known that would justify assuming the
unreliability of the applicant or of a person charged with managing or supervising the
relevant operations (or those of a branch office). The licence may be restricted in its
content, and it may be tied to restrictions, to the extent that this is required to protect
public or the environment; under the same prerequisites, subsequent inclusion, change or
supplementation of restrictions is permissible. If the licensing authority is aware of facts
that would indicate such changes, it is up to the applicant to refute them. The licence shall
be revoked if facts that would indicate such revocation is required subsequently become
known. Objections and actions for rescission have no suspensive effect.
(2) The Federal Government is herewith authorised, after hearing the parties concerned (Article 60),
by statutory ordinance and with the consent of the Bundesrat, to mandate that those
persons
1. who collect or transport certain waste for recovery requiring special supervision, require,
under appropriate application of Article 49 Para 1 through 5, a licence for such collection or
transport,
2. who put into circulation or recovers certain waste requiring supervision, or certain waste
requiring special supervision, for which special requirements are needed with regard to
safe recovery, in keeping with Articles 4 through 7, in order to protect the public interest,
49
require a licence for such actions or must prove their reliability or expertise in a procedure
that remains to be specified more closely.
(3) If a licence pursuant to Para 1 or 2 is not required, commissioned third parties within the
meaning of Article 16 Para 1 shall notify the competent authority of their activity.
Article 51
Waiving of Licensing Requirements for Transport and for Agency Transactions
(1) A specialised waste management company within the meaning of the Article 52 Para 1 shall not
require a licence pursuant to Article 49 Para 1 and Article 50 Para 1, if it notifies the
competent authority of its intentions to begin relevant operations, and if such notification
includes proof of that the company is indeed a specialised waste management company.
(2) The competent authority may set forth restrictions for execution of activities subject to
notification, to the extent that this is required to ensure fulfilment of obligations pursuant
to Articles 5 and 11. The competent authority shall prohibit execution of the activities
subject to notification if facts become known that justify reservations concerning the
reliability of the party obligated to carry out notification or of the persons responsible for
managing and supervising relevant operations, or if compliance with the obligations
mentioned in Articles 5 and 11 cannot be ensured by other means.
Article 52
Specialised Waste Management Companies;
Waste Management Associations
(1) Specialised waste management companies are those companies that are entitled to carry the
seal of quality of a recognised waste management association pursuant to Para 3, or
companies which have concluded a supervision contract, with a technical supervisory
organisation, comprising at least a one-year inspection. Supervision contracts require the
approval of the highest Land authority responsible for waste management, or of an
authority appointed by it; such approval may also be issued in general form.
(2) The Federal Government is herewith authorised, after hearing the parties concerned (Article 60),
by statutory ordinance and with the consent of the Bundesrat, to mandate require-ments
50
for companies specialising in waste management. Such requirements may include, in
particular, minimum requirements for specialised knowledge, proof of personal reliability
and of sufficient liability insurance and requirements concerning machines and equipment.
The Federal Government is also authorised to provide for special recognition of companies
specialising in waste management, and to regulate the procedures and prerequisites for
such recognition, including its revocation, withdrawal and expiration, and for tests, for
appointment and composition of testing bodies and for the relevant testing procedures.
(3) Waste management associations must be recognised by the highest Land authority responsible
for waste management, or by an authority it appoints. Such recognition may be revoked,
especially for the purpose of countering threatening restrictions of competition. The
activities of waste management associations are to be carried out in accordance with
standardised guidelines issued by the Federal Ministry for the Environment, Nature
Conservation and Nuclear Safety, with the consent of the Bundesrat. Such guidelines may
also set forth the prerequisites for recognition and its revocation, for the supervisory seal
and for procedures for issuing and revoking this seal.
Part Eight
Company Organisation and Waste Management Officer
Article 53
Obligations to Provide Notification Concerning Company Organisation
(1) If the representative organ of a joint-stock company consists of several members, or if a
partnership company has several partners who are authorised to represent the company,
then the competent authority shall be notified regarding which of these members or
partners, pursuant to provisions concerning management authorisation, shall fulfil, on
behalf of the company, the obligations of an operator of a facility requiring authorisation
within the meaning of Article 4 of the Federal Immission Control Act, or of an owner within
the meaning of Article 26, to which such an operator or owner is subject pursuant to this 51
Act and the statutory ordinances issued on the basis of this Act. The overall responsibility
of all members of such an organ, or of all partners, shall remain unaffected.
(2) The operator of a facility requiring authorisation within the meaning of Article 4 of the Federal
Immission Control Act, the owner according to Article 26, or, within the framework of his
management authorisation, the person to be named pursuant to Para 1 Sentence 1, shall
inform the competent authority of the means by which it is ensured that provisions and
orders issued to support avoidance, recovery and environmentally compatible disposal of
waste are being complied with in operations.
Article 54
Appointment of a Company Waste Management Officer
(1) Operators of facilities requiring authorisation within the meaning of Article 4 of the Federal
Immission Control Act, operators of facilities, in which waste requiring special supervision is
regularly produced, operators of stationary sorting, recovery or waste disposal facilities,
and owners within the meaning of Article 26, shall appoint one or more Company Waste
Officers (Waste Officers), to the extent this is necessary, with regard to the type or size of
the relevant facilities, due to
1. the waste occurring, recovered or disposed of in the facilities,
2. technical problems of avoidance, recovery or disposal or
3. capability of products to cause problems, during or following proper use, with regard to
proper and safe recovery or environmentally compatible disposal.
The Federal Ministry for the Environment, Nature Conservation and Nuclear Safety shall
determine, after hearing the parties concerned (Article 60), by statutory ordinance and with the
consent of the Bundesrat, for which facilities pursuant to Sentence 1 the owners must appoint
Waste Management Officers.
(2) The competent authority may mandate that operators of facilities pursuant to Para 1 Sentence 1
for which appointment of a Waste Management Officer if not required by statutory
ordinance, must appoint one or more Waste Management Officers, if, in individual cases,
the necessity of such appointment results from the reasons mentioned in Para 1 Sentence
1.
(3) If an Immissions Control Officer must be appointed, pursuant to Article 53 of the Federal
Immission Control Act, or if a Water Protection Officer must be appointed, pursuant to
52
Article 21a of the Federal Water Act, then these parties may also fulfil the duties and carry
out the tasks of a Waste Management Officer pursuant to this Act.
Article 55
Tasks
(1) The Waste Management Officer shall advise the operators and the company''s personnel in
questions that could be of significance with regard to closed substance cycle waste
management and to waste disposal. He is authorised and obligated
1. to supervise the different stages of waste treatment, from its occurrence or delivery to its
recovery or disposal,
2. to supervise compliance with the provisions of this Act and the statutory ordinances issued
on the basis of this Act, as well as fulfilment of existing conditions and restrictions,
especially by controlling, at regular intervals, the company facilities and the type and
nature of the waste which occurs in the facilities or which is recovered or disposed of in
these, to provide information regarding detected insufficiencies and to make proposals for
measures for eliminating these insufficiencies,
3. to inform company personnel concerning impairment of the public interest that could result
from the waste which occurs in the facilities or which is recovered or disposed of in these,
as well as concerning facilities and measures for preventing such impact, taking into
account the laws and statutory ordinances applying to the avoidance, recovery and disposal
of waste,
4. to carry out the following with regard to facilities requiring authorisation within the
meaning of Article 4 of the Federal Immission Control Act or facilities in which waste
requiring special supervision regularly occurs: to encourage the development and
introduction of
a) environmentally compatible, low-waste-producing processes, including processes for
the avoidance, proper and safe recovery or environmentally compatible disposal of
waste,
b) environmentally compatible, low-waste-producing products, including processes for
re-use, recovery and environmentally compatible disposal upon completion of use of
these products, and
c) to co-operate in the development and introduction of processes mentioned under
letters a and b, especially by studying the relevant processes and products using
criteria of closed substance cycle waste management and of disposal,
5. to encourage improvements of relevant processes in facilities in which waste is recovered
53
or disposed of.
(2) The Waste Management Officer shall submit an annual report to the operator concerning the
measures taken and planned pursuant to Para 1 Nos. 1 through 5.
(3) Articles 55 through 58 of the Federal Immission Control Act apply to the relationship between
the Waste Management Officer and the party obligated to appoint a Waste Management
Officer.
Article 55a
Facilitated Procedures for Audited Company Sites
The Federal Government shall be authorised, in order to promote private responsibility, to issue
statutory ordinances, with the consent of the Bundesrat, mandating facilitated procedures, for
companies listed in a register pursuant to Article 6 in conjunction with Article 7 Para 2 Sentence 1 of
Regulation (EC) No 761/2001 of the European parliament and of the council of 19 March 2001
allowing voluntary participation by organisations in a Community eco-management and audit
scheme (OJ EC NO. L 114 p. 1), with regard to the content of application materials in permit
procedures, and providing for facilitated procedures under monitoring law, where the relevant
provisions of Regulation (EC) No 761/2001 are equivalent to the requirements planned relative to
monitoring and to the application materials pursuant to this Act or the statutory ordinances issued
on the basis of this Act, or where such equivalence is ensured by the statutory ordinance pursuant
to this provision. In the process, additional requirements pertaining to the use and withdrawal of
facilitated procedures, or to the complete or partial suspension of facilitated procedures, when the
prerequisites for their being granted are no longer fulfilled, may also be specified. Facilitated
procedures under regulatory law may be permitted if the environmental auditor has reviewed
compliance with the environmental provisions, has not found any discrepancies and has certified
compliance in the declaration of validity. In particular, facilitated procedures may be permitted with
regard to
1. calibrations, determinations, tests and measurements,
2. measurement reports and other reports and notifications of results of review,
3. the tasks of the waste management officer,
4. the operating organisation''s obligations to provide notification, and
5. the frequency of the authority''s monitoring.
Part Nine
54
Final Provisions
Article 56
Secrecy and Data Protection
Statutory ordinances concerning secrecy and data protection shall not be affected.
Article 57
Transposition of Legislation of the European Communities
In order to transpose laws of the European Communities, the Federal Government may issue
statutory ordinances, for the purpose mentioned in Article 1, and with the consent of the Bundesrat,
for ensuring proper and safe recovery and environmentally compatible disposal. Such statutory
ordinances may also regulate the means by which the public is to be informed
Article 58
Enforcement within the Sphere of the Bundeswehr
(Federal Armed Forces)
(1) In the sphere of the Federal Ministry of Defence, responsibility for enforcement of this Act, and
of statutory ordinances based on it for recovery and disposal of militarily owned waste,
shall rest with the Federal Minister of Defence and the bodies designated by him.
(2) The Federal Ministry of Defence is herewith authorised, for the purposes of recovery or disposal
of waste, within the meaning of Para 1, from the sphere of the Bundeswehr, to permit exceptions
to this Act and to the statutory ordinances based on it, to the extent that
compelling reasons of defence or the fulfilment of intergovernmental obligations so require.
Article 59
Participation of the Bundestag in the issuing of statutory ordinances
Statutory ordinances pursuant to Article 6 Para 1, Article 7 Para 1 Nos. 1 and 4 and Articles 23, 24
and 57 of this Act are to be submitted to the Bundestag. Such submission shall take place prior to
submission to the Bundesrat. Such statutory ordinances may be amended or rejected by resolution
55
of the Bundestag. Resolutions of the Bundestag shall be submitted to the Federal Government. If
the Bundestag, after the completion of three session weeks following arrival of a statutory
ordinance, has not dealt with it, the statutory ordinance is forwarded unchanged to the Bundesrat.
Article 60
Hearing of Parties Concerned
As far as the authorisations for issuing statutory ordinances and general administrative provisions
prescribe hearing of the parties concerned, representatives should be selected, and heard, from
science, stakeholders, involved commercial and industrial sectors, the highest authorities responsible
for waste management, the communities and associations of local government.
Article 61
Provisions Concerning Fines
(1) An administrative offence shall be deemed to have been committed by anyone who wilfully or
negligently
1. treats, stores or landfills waste, which he does not recover, outside of a facility pursuant to
Article 27 Para 1 Sentence 1,
2. contravenes Article 27 Para 1 Sentence 1 by treating, storing or landfilling waste for
disposal outside of an appropriately licensed waste disposal facility,
2a. constructs, or substantially modifies, a landfill without a plan approval decision
pursuant to Article 31 Para 2 Sentence 1 or a planning permission pursuant to Article
31 Para 3 Sentence 1,
2b. contravenes an enforceable requirement pursuant to Article 32 Para 4 Sentence 1 or 3
or Article 35 Para 1 Sentence 1 or Para 2 Sentence 1,
2c. contravenes an enforceable requirement tied to a permission pursuant to Article 33
Para 1 Sentence 1,
3. without a licence pursuant to Article 49 Para 1 Sentence 1, collects or transports waste for
disposal, or contravenes an enforceable requirement pursuant to Article 49 Para 2
Sentence 2,
4. serves as an agent for movements of waste, without a licence pursuant to Article 50 Para
1,
5. contravenes a statutory ordinance pursuant to Article 6 Para 1, Article 7, Article 7 Para 3
also in conjunction with Article 36c Para 5, Article 8, Article 12 Para 1, Article 23, Article 24,
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Article 27 Para 3 Sentences 1 and 2, Article 36c Para 1 Sentence 1 Nos. 1 to 5, 7, 8 or 9,
Article 49 Para 3 or Article 50 Para 2, or an enforceable ordinance based on such a
statutory ordinance, as far as the statutory ordinance refers to this penalty provision in
respect of certain constituent facts.
(2) An administrative offence shall be deemed to have been committed by anyone who wilfully or
negligently
1. contravenes Article 25 Para 2 Sentence 1, Article 43 Para 2 or Article 46 Para 2 by failing to
make proper notification,
2. contravenes Article 30 Para 1 Sentence 1 by not allowing access to premises or by not
allowing the carrying out of measurements or of soil and groundwater studies,
2a. contravenes Article 36 Para 1 Sentence 1 by failing to provide notification, failing to
provide correct notification, or failing to provide notification on time,
2b. contravenes Article 36 Para 1 Sentence 1 in conjunction with a statutory ordinance
pursuant to Para 2 Sentence 1, by failing to provide an emissions declaration, failing to
provide a correct emissions declaration, failing to provide a complete emissions
declaration or failing to provide an emissions declaration on time, or by failing to
supplement such a declaration, failing to supplement it correctly, failing to supplement
it completely or failing to supplement it on time,
3. contravenes Article 40 Para 2 Sentence 1 by failing to provide information, failing to
provide complete information, or failing to provide correct information,
4. contravenes Article 40 Para 2 Sentence 2 or 3 by failing to allow access to property or to
residential, business or company premises, by failing to allow inspection of records or by
failing to permit the carrying out of technical studies or tests,
5. contravenes Article 40 Para 3 by failing to provide workers, tools or records,
6. contravenes an enforceable order pursuant to Article 40 Para 3, Article 42 Para 1, also in
combination with Article 45 Para 1, or to Article 54 Para 2,
7. contravenes Article 43 Para 1 Sentence 1 or Article 46 Para 1 Sentence 1 by failing to keep
a record book or to submit records,
8. contravenes Article 49 Para 6 by failing to attach a warning panel, or by failing to attach it
in the prescribed manner,
9. contravenes Article 54 Para 1 Sentence 1, in combination with a statutory ordinance
pursuant to Sentence 2, by failing to appoint a Waste Management Officer or
10. contravenes a statutory ordinance pursuant to Article 36c Para 1 Sentence 1 No. 6 or
Article 48, or an enforceable ordinance based on such a statutory ordinance, as far as the
statutory ordinance refers to this provision on administrative fines in respect of certain
constituent facts.
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(3) Administrative offences pursuant to Para 1 may be punished by a fine of up to € 50,000;
administrative offences pursuant to Para 2 may be punished by a fine of up to € 10,000.
(4) The administrative authority within the meaning of Article 36 Para 1 No. 1 of the Administrative
Offences Act shall be the Federal Office for Goods Transport, in so far as administrative
offences pursuant to paragraph 1 Nos. 3 and 5 or paragraph 2 Nos. 1, 6, 7, 8 and 10 are
concerned and the breach of these provisions is committed in connection with the transport
of waste with heavy goods vehicles by a company which has its registered seat abroad. Article 62
Confiscation
Where an administrative offence pursuant to Article 61 Para 1 Nos. 2, 2a, 2b, 2c, 3, 4 or 5 has been
committed, objects may be confiscated,
1. to which the administrative offence relates or
2. which have been used or intended for committing or preparing the administrative offence.
Article 23 of the Administrative Offences Act shall be applicable.
Article 63
Competent Authorities
The Land Governments or those bodies designated by them shall determine the authorities
competent for the application of this Act, unless such competence is assigned by Land law.
Article 64
Interim Provisions
Articles 5a and 5b of the Waste Avoidance and Waste Management Act shall remain in force until
they have been supplanted by appropriate statutory ordinances pursuant to Articles 7 and 24 of this
Act.
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Annex I
Categories of Waste
Q1 Production or consumption residues not otherwise specified below
Q2 Off-specification products
Q3 Products whose date for appropriate use has expired
Q4 Materials spilled, lost or having undergone other mishap, including any materials, equipment,
etc. contaminated as a result of the mishap
Q5 Materials contaminated or soiled as a result of planned actions (e.g. residues from cleaning
operations, packing materials, containers, etc.)
Q6 Unusable parts (e.g. reject batteries, exhausted catalysts, etc.)
Q7 Substances which no longer perform satisfactorily (e.g. contaminated acids, contaminated
solvents, exhausted tempering salts, etc.)
Q8 Residues of industrial processes (e.g. slags, still bottoms, etc.)
Q9 Residues from pollution abatement processes (e.g. scrubber sludges, baghouse dusts, spent
filter, etc.)
Q10 Machining/finishing residues (e.g. lathe turnings, mill scales, etc.)
Q11 Residues from raw materials extraction and processing (e.g. mining residues, oil field slops,
etc.)
Q12 Adulterated materials (e.g. oil contaminated with PCB, etc.)
Q13 Any materials, substances or products whose use has been banned by law
Q14 Products for which the holder has no further use (e.g. agricultural, household, office,
commercial and shop discards, etc.)
Q15 Contaminated materials, substances or products resulting from remedial action with respect
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to land
Q16 Any materials, substances or products which are not contained in the above categories.
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Annex II A
Disposal Operations
This Annex lists disposal operations that are used in practice. Pursuant to Article 4 of Council
Directive 75/442/EEC of 25 July 1975 on waste (OJ EC No. L 194 p. 39), amended by Directive
91/156/EEC (OJ EC No. L 78 p. 32), as last amended by Directive 91/692/EEC (OJ EC No. L 377 p.
48), waste must be disposed of without endangering human health and without the use of
processes or methods likely to harm the environment.
D1 Tipping above or underground (e.g. landfill, etc.)
D2 Land treatment (e.g. biodegradation of liquid or sludge discards in soils, etc.)
D3 Deep injection (e.g. injection of pumpable discards into wells, salt domes or naturally
occurring repositories, etc.)
D4 Surface impoundment (e.g. placement of liquid or sludge discards into pits, ponds or
lagoons, etc.)
D5 Specially engineered landfill (e.g. placement into lined discrete cells which are capped and
isolated from one another and the environment, etc.)
D6 Release of solid waste into a water body except seas/oceans
D7 Release into seas/oceans including seabed insertion
D8 Biological treatment not specified elsewhere in this Annex which results in final compounds
or mixtures which are disposed of by means of any of the operations numbered D 1 to D
12
D9 Physico-chemical treatment not specified elsewhere in this Annex which results in final
compounds or mixtures which are discarded by means of any of the operations numbered
D 1 to D 12 (e.g. evaporation, drying, calcination, etc.)
D10 Incineration on land
D11 Incineration at sea
D12 Permanent storage (e.g. emplacement of containers in a mine, etc.)
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D13 Blending or mixture prior to submission to any of the operations numbered D 1 to D 12
D14 Repackaging prior to submission to any of the operations numbered D 1 to D 13
D15 Storage pending any of the operations numbered D 1 to D 14 (excluding temporary
storage, pending collection, on the site where it is produced).
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Annex II B
Recovery Operations
This Annex lists recovery operations that are used in practice. Pursuant to Article 4 of Council
Directive 75/442/EEC of 25 July 1975 on waste (OJ EC No. L 194 p. 39), amended by Directive
91/156/EEC (OJ EC No. L 78 p. 32), as last amended by Directive 91/692/EEC (OJ EC No. L 377 p.
48), adapted by Commission Decision 96/350/EC of 24 May 1996 (OJ EC No. L 135 p. 32), waste
must be recovered without endangering human health and without the use of processes or methods
likely to harm the environment.
Rl Use principally as a fuel or other means to generate energy
R2 Solvent reclamation/regeneration
R3 Recycling/reclamation of organic substances which are not used as solvents (including
composting and other biological transformation processes)
R4 Recycling/reclamation of metals and metal compounds
R5 Recycling/reclamation of other inorganic materials
R6 Regeneration of acids or bases
R7 Recovery of components used for pollution abatement
R8 Recovery of components from catalysts
R9 Oil re-fining or other re-uses of oil
R10 Spreading on land resulting in benefit to agriculture or ecological improvement
R11 Use of wastes obtained from any of the operations numbered R 1 R 10
R12 Exchange of waste for submission to any of the operations numbered R 1 to R 11
R13 Storage of materials intended for submission to any of the operations numbered R 1 to R
12 (excluding temporary storage, pending collection, on the site where they are produced).
Annex III
63
Criteria for Determining the State of the Art
In determination of the state of the art, the following criteria, in particular, are to be taken into
account, also taking into account the proportionality between the costs and benefits of possible
measures and the principle of precaution and prevention, and, in each case, with regard to facilities
of a specific type:
1. Use of low-waste technology,
2. Use of less hazardous substances,
3. Promotion of recovery and recycling of the substances generated and used in the various
processes and, possibly, of the relevant waste,
4. Comparable procedures, equipment and operational methods that have been successfully tested
in operation,
5. Progress in technology and in relevant scientific findings,
6. The nature, impacts and amounts of the relevant emissions,
7. The time at which the new or existing facilities go/went into operation,
8. The time required to introduce a better available technology,
9. Consumption of raw materials and the type of raw materials used in the various processes
(including water) and energy efficiency,
10. The need to avoid or reduce, as far as possible, the total effects of emissions and hazards for
human beings and the environment,
11. The need to prevent accidents and to reduce their impacts on human beings and the
environment,
12. Information published by the Commission of the European Communities pursuant to Article 16
(2) of Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution
prevention and control (OJ EC NO. L 257 p. 26) or by international organisations. 太多，建议LZ写成在一个帖子里成一个系列
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