Notification and permit procedures for collectors, transporters, traders, and brokers of waste pursuant to §§ 53,54 KrWG

Notification procedure under § 53 KrWG

Collectors, transporters, dealers, and brokers of waste must notify the Lower Waste Management Authority (UAWB) of their business activity in good time before starting operations.

According to § 7 Paragraph 9 of the Notification and Authorization Regulation – AbfAEV, collectors and transporters are exempt from the notification obligation under § 53 KrWG if they collect or transport waste within the framework of economic enterprises but not usually and not regularly. It is assumed that collection or transport occurs usually and regularly if the total amount of waste collected or transported during a calendar year exceeds 20 tons for non-hazardous waste or two tons for hazardous waste.

Also exempt from the notification obligation under § 53 KrWG are transporters, collectors, dealers, and brokers of waste who hold authorization under § 54 KrWG for dealing with hazardous waste.

Distinction between hazardous and non-hazardous waste

The distinction regarding the hazardousness of waste is regulated in the Waste Catalog Ordinance (AVV). The AVV lists all waste assigned a six-digit waste code. Waste codes marked with an * are classified as hazardous waste.

If you intend to collect, transport, trade, or broker hazardous waste, please observe the requirements for authorization under § 54 KrWG for collecting, transporting, trading, and brokering hazardous waste.

Distinction between commercial activity and activity within the framework of an economic enterprise

Commercial waste management exists when collecting, transporting, trading, and brokering represents the main business purpose or a significant part of the company.
An example of this would be a container service.

If a company collects or transports waste as part of its primary business purpose, it is not considered commercial collection and transportation but an incidental activity of an economic enterprise.
An example here would be a roofing company. Reference is made to the previous explanation of § 7 Paragraph 9 AbfAEV.

The Notification

The notification under § 53 KrWG can be submitted in written or electronic form.

Documents

The following documents must be attached to the notification under § 53 KrWG:

• For commercial entities:
  Copy of the business registration
• For economic enterprises:
  Copy of the business registration

During the review of your notification, additional documents may be required.

The transport of waste

The confirmed notification must be carried on each transport vehicle as an original or a copy.
It should be noted that transport vehicles must be equipped with two reflective "A-signs" (white reflective panels with a large A) according to § 55 KrWG. Economic enterprises transporting waste are exempt from this requirement.

Costs

A fee based on time spent is charged for the procedure to receive, process, and confirm a notification under § 53 KrWG.

Administrative offense

Anyone who fails to submit a notification under § 53 KrWG, submits it incorrectly, incompletely, or late commits an administrative offense under § 69 Paragraph 2 No. 1 KrWG. This may be penalized with a fine of up to €10,000.

Authorization procedure under § 54 Circular Economy Act (KrWG)

Collectors, transporters, dealers, and brokers of hazardous waste require authorization from the competent authority.

Companies collecting, transporting, trading, or brokering waste within the framework of an economic enterprise are exempt from the authorization requirement under § 54 KrWG. Certified disposal companies under § 56 KrWG, which can demonstrate certification for their activities, are also exempt from the authorization requirement but must submit a notification under § 53 KrWG.

Distinction between hazardous and non-hazardous waste

The distinction regarding the hazardousness of waste is regulated in the Waste Catalog Ordinance (AVV). The AVV lists all waste assigned a six-digit waste code. Waste codes marked with an * are classified as hazardous waste.

If you intend to collect, transport, trade, or broker non-hazardous waste, please observe the requirements for the notification under § 53 KrWG for collecting, transporting, trading, and brokering non-hazardous waste.

The Authorization

The authorization under § 54 KrWG can be submitted in written or electronic form. The necessary forms can be found on the right under leaflets and forms.

Documents

The following documents must be attached to the authorization under § 54 KrWG:

• Business registration*
• Excerpt from the commercial, association, cooperative register (if available)*
• Extract from the central business register, company-related
• Extract from the central business register, personal-related for the owner, if applicable, for the person in charge of management
• Police clearance certificate for the owner, if applicable, for the person in charge of management*
• Proof of expertise for the owner, if applicable, for the person in charge of management*
• Proof of business liability insurance, environmental liability insurance*
• Proof of motor vehicle liability insurance*

(*Copy submission is permissible)

The transport of waste

The authorization must be carried on each transport vehicle as an original or a copy.
It should be noted that transport vehicles must be equipped with two reflective "A-signs" (white reflective panels with a large A) according to § 55 KrWG. Economic enterprises transporting waste are exempt from this requirement.

Costs

A fee based on time spent is charged for the decision to grant authorization under § 54 KrWG.

Administrative offense

Anyone who collects, transports, trades, or brokers hazardous waste without authorization under § 54 KrWG commits an administrative offense under § 69 Paragraph 1 No.7 KrWG. This may be penalized with a fine of up to €100,000.