Machine Translated by Google 2298 Federal Law Gazette 2006 Part I No. 48, issued in Bonn on October 26, 2006 Ordinance on the simplification of waste control*) Dated October 20, 2006 Because of Article 1 - Section 7 (1), 3 and 5, Section 12 (1) No. 3 in conjunction Ordinance with Section 7 (3) and (5) and Section 45 of the Closed on the verification of the Substance Cycle Waste Management Act of 27 September disposal of waste 1994 (Federal Law Gazette I p . 2705), of which Article 1 (Verification Ordinance – NachwV) of the law of July 15, 2006 (Federal Law Gazette I p. 1619) Table of Contents amended Section 7 (1) and Section 7 (3) and (5), Section 12 (1) No. 3 and Section 45 have been revised, after Part 1 hearing the circles involved General Provisions decreed the federal government and due § 1 Scope - Section 8 (1) and (2) sentence 1 nos. 2 and 3 in conjunction Part 2 with Section 7 (3) and (5) of the Closed Substance Cycle Evidence of the Waste Management Act of September 27, 1994 (Federal disposal of waste Section 2 Who is Law Gazette I p. 2705), last amended by Article 1 of the required to provide evidence and form of evidence law of July 15, 2006 (Federal Law Gazette I p. 1619) in guide conjunction with Section 1 of the Law on the Adjustment of Responsibilities of August 16, 2002 (Federal Law Gazette Part 1 I p. 3165) and the organizational decree of November 22, 2005 (Federal Law Gazette I p . 3197), after hearing the Proof of parties involved and in agreement with the Federal Ministry the admissibility of of Food, Agriculture and Consumer Protection the intended disposal § 3 Proof of disposal § 4 the Federal Ministry for the Environment, Nature Conservation Confirmation of receipt § 5 and Nuclear Safety decrees: Confirmation of the proof of disposal § 6 Handling after decision § 7 Exemption and *) This ordinance serves to implement the following guidelines: privileges § 8 Order, revocation § 9 Collective – Council Directive 75/442/EEC on waste of July 15, 1975 (OJ EC No. proof of disposal L 149 p. 39), last amended by Directive 91/692/EEC of December 23, 1991 (OJ EC No. L 377 p. 48), – Council Directive 91/689/EEC on hazardous waste of December 12, 1991 (OJ EC No. L 377 p. 20), amended by Directive 94/31/EC of June 27 1994 (OJ EC No. L 168 Section 2 p. 28), Evidence of the – Council Directive 75/439/EEC of June 16, 1975 on the disposal of disposal carried out waste oil (OJ EC No. L 194 p. 23), last amended by Directive 2000/76/ Section 10 EC of the European Parliament and of the Council of June 4 December 2000 (OJ EC No. L 332 p. 91), Consignment note Section 11 Completion and handling of – Council Directive 96/59/EC of September 16, 1996 on the disposal of the consignment note Section 12 Receipt slip for collective polychlorinated biphenyls and polychlorinated terphenyls (OJ EC No. disposal Section 13 Handling of the consignment note for collective disposal L 243 p. 31), – Council Directive 86/278/EEC of June 12, 1986 on the protection of the environment and in particular the soil when using sewage sludge Section 3 in agriculture (OJ EC No. L 181 p. 6), last amended by the regulation special cases (EC) No. 807/2003 of the Council of April 14, 2003 (OJ EU No. L 122 p. 36), Section 14 Disposal by third parties, associations and self- – Council Directive 1999/31/EC of April 26, 1999 on landfills (OJ EC governing bodies Section 15 Recycling outside of a disposal No. L 182 p. 1), amended by Regulation (EC) No. 1882/2003 of the facility Section 16 Small quantities European Parliament and of the Council of April 29 September 2003 (OJ EU No. L 284 p. 1). Machine Translated by Google Federal Law Gazette 2006 Part I No. 48, issued in Bonn on October 26, 2006 2299 Section 4 You on 2 Electronic verification Evidence of § 17 Principle the disposal of waste § 18 Communication § 19 signature, transmission §2 Section 20 Coordination Circle Section 21 Exceptions the party responsible for proof § 22 Disturbance of the communication system and form of verification (1) Waste producers, waste transporters and waste disposal part 3 companies are obliged to provide evidence in accordance with register management this part, insofar as there is an obligation to provide evidence about the disposal of waste after Section 23 Group of those required to register 1. Section 43 (1) of the Closed Substance Cycle Waste Management Section 24 Keeping the registers and Waste Management Act on the disposal of hazardous waste or Section 25 Duration of registration, electronic registration 2. Section 44 (1) no. 1 of the Closed Substance Cycle Waste Management and Waste Act on the disposal of non-hazardous waste Part 4 Waste by order of the competent authority consists. Common Provisions § 26 Exemption, arrangement of proof and registration obligations (2) Waste producers are exempt from the obligation to provide evidence pursuant to Paragraph 1 No. 1 if they do not § 27 Evidence in special cases more than a total of two tons of hazardous waste § 28 Allocation of identification numbers (small amounts) accrue annually. The obligations to keep Section 29 Administrative Offenses the takeover certificates according to § 12 and according to § 16 remain unaffected. part 5 (3) The procedures and content specified in Sections 1 Final Provisions to 3 for maintaining the records apply Section 30 Transitional Provisions for Valid Evidence for electronic verification and using forms, unless otherwise § 31 Transitional provisions for electronic documentation specified. rung Appendix 1 Forms for Part 2 Sections 1 and 2 and Section 24 Part 1 Abs. 4 proof Annex 2 Waste according to Article 9 Paragraph 1 Clause 2 and Article 9 Paragraph 3 about the admissibility Appendix 3 Specifications for structured messages/interfaces according to § 18 paragraph 1 the intended disposal §3 You on 1 proof of disposal General Provisions (1) Whoever wastes that require proof for disposal in bring a waste disposal plant or wants to accept such §1 waste there, has the permissibility of the intended disposal before starting the waste disposal scope of application by using a disposal certificate (1) This Ordinance applies to the keeping of records the forms provided for this purpose in Appendix 1 and registers for the disposal of hazardous and non- To take. The proof of disposal consists of the hazardous waste electronically or Cover sheet disposal certificates, the responsible using forms Declaration by the waste producer including the declaration analysis and the declaration of acceptance by the waste 1. producer or holder of waste (waste producer), disposal company (declarations of proof) and, if none 2. waste collectors or transporters (waste transporters) and Exemption from the obligation to obtain a confirmation according to § 5 according to § 7, the confirmation of authority responsible for the facility intended for disposal 3. Operators of plants or companies which (disposal facility). A single proof of disposal can also be Waste in a process according to Annex II A or II B used of the Closed Substance Cycle and Waste Management Act 1. for the disposal of waste oils with more than one (waste disposal companies). Waste codes are listed if the waste oils are in the same (2) Provision and transfer obligations under state law collection category or in collection categories 2 to 4 remain unaffected. according to Appendix 1 of the Waste Oil Ordinance belong, provided that a separation after the (3) This Ordinance does not apply to private households. Waste Oil Ordinance is not required, 2. for the disposal of waste wood with more than one 4. This Regulation does not apply to transboundary Waste codes are kept when the scrap wood shipments of waste. same waste wood category AI to A IV of An Machine Translated by Google 2300 Federal Law Gazette 2006 Part I No. 48, issued in Bonn on October 26, 2006 Annex III to Section 5, Paragraph 1 of the Waste Wood §5 Ordinance, unless the Waste Wood Ordinance stipulates Confirmation of the proof of disposal that they should be kept separate. (1) The authority responsible for the disposal facility will In this case, proof of admissibility confirm within 30 calendar days disposal for the waste oil collection category or Receipt of the declarations of proof the admissibility of to use the waste code that characterizes the waste wood intended disposal, if category; the other waste codes, which should also be included in the disposal record, must be listed in the declaration analysis. 1. the waste in the designated disposal facility treated, materially or energetically recovered, stored or dumped, (2) Before submitting the declaration of verification to the authority responsible for the disposal facility, the waste 2. the correctness and harmlessness of the recycling or the producer must fill in the cover sheet of the certificate of compatibility of the disposal of the waste with the public disposal and the declaration responsible for the part, including interest is guaranteed and the declaration analysis of the certificate of disposal, and 3. in the case of storage of the waste, the further disposal has forward it to the waste disposal company. A declaration already been determined by appropriate proof of disposal. analysis is not required, as far as the type, quality, parameters and concentration The running of the period according to sentence 1 is indicated values determining the waste are known by a request to supplement the declarations of proof or are or the process by which the waste is produced and interrupted for the submission of further documents according in the case of pre-treatment of the waste, the type of pre- to § 4 sentence 3, insofar as the supplement or the further treatment of the waste is specified and consists of documents are indispensable for processing the declarations this information the type, quality and composition in one for of proof. A new period pursuant to sentence 1 shall begin upon further implementation receipt of the supplemented declarations of proof or other sufficient scope of the verification procedure. The information documents by the authority. according to sentence 2 is in the field (further information) of the declaration analysis form. (2) The official decisions relating to the disposal facility, in particular approvals, Approvals, plan approvals or operating plans under mining law (3) The waste disposal company must fill out the declaration that ensure compliance with the requirements specified in of acceptance part before submitting the declaration of paragraph 1 verification to the authority responsible for the disposal facility to be observed when deciding on the confirmation. The and send a photocopy to the waste producer. information from one of the authorities is to be taken into account here The original of the declarations of proof will be sent by present environmental statement in accordance with Article 3 Paragraph 2 Waste disposal company with the part official confirmation Letters c and e and paragraph 3 letter b in conjunction the authority responsible for the disposal facility. with Annex III Section 3.2 of the Regulation (EC) (4) The waste producer can authorize a representative to No. 761/2001 to be taken into account. submit the declaration of responsibility. The power of attorney (3) When deciding on the admissibility of must be granted in writing and Disposal is not to be checked whether the intended disposal request of the authority responsible for the producer or for the measure involves recycling or disposal of waste or whether it is disposer. In the form Cover sheet of disposal certificates DEN are both otherwise from the Closed Substance Cycle Waste the waste producer as well as the authorized representative. Management Act and other federal legislation and of the countries following obligations of the waste producer are complied with. §4 (4) The confirmation is valid for a maximum of five years. she Acknowledgment of receipt can be granted subject to certain conditions and linked to The authority responsible for the waste disposal company has requirements, as well as a shorter period of validity the waste producer and the waste disposer within as provided for in sentence 1, insofar as this is necessary, of twelve calendar days to confirm receipt of the declarations to ensure that the confirmation requirements specified in of proof, stating the date of receipt (acknowledgment of paragraph 1 sentence 1 are met. receipt), unless they have already confirmed the admissibility (5) Meets the person responsible for the disposal facility of the intended within this period authority within the period specified in paragraph 1 Disposal according to § 5 paragraph 1 confirmed. she has after no decision on the requested confirmation, to check immediately upon receipt whether the declarations of the confirmation is deemed to have been given. proof meet the requirements. Correspond to the declarations of proof do not meet the requirements, so §6 the authority responsible for the waste disposal company has the waste producer and the waste disposal company immediately Handling after decision to request the declarations of proof within a (1) The authority responsible for the waste disposal facility reasonable period to supplement or further for the sends the original of the confirmed waste disposal certificate Submit the documents required for examination. Comes to the waste producer and a copy to the waste disposal the waste producer or the waste disposal company of the company. The original of the disposal certificate remains with request to supplement the declarations of verification or the waste producer to submit further documents, sentences 1 to 3 shall apply a photocopy at the latest before the start of disposal accordingly. to the authority responsible for him. Machine Translated by Google Federal Law Gazette 2006 Part I No. 48, issued in Bonn on October 26, 2006 2301 (2) If the confirmation pursuant to Section 5 (5) is deemed to have been issued, then care specialist company after its specialist company activities the waste producer has to submit declarations of proof to the § 2 para. 2 sentence 2 of the Waste Management Ordinance, authority responsible for him on the the surveillance certificate Photocopy of the sent to him according to § 3 paragraph 3 sentence 1 additionally those covered by the specialist company activity Declarations of evidence the expiry of the period according to § 5 Waste according to its respective area of origin as well as Paragraph 1 sentence 1 to be noted. He sends at the latest designate the recovery or disposal processes involved. The before the start of disposal, a photocopy of the declaration of exemption according to paragraph 1 number 3 proof and the confirmation of receipt only applies if in the validated environmental statement § 4 of the authority responsible for him. within the meaning of Article 3 Paragraph 2 Letters c and e and (3) The waste producer shall give the waste transporter a Paragraph 3 letter b in conjunction with Annex III Section 3.2 of to hand over a copy of the proof of disposal Regulation (EC) No. 761/2001 information or, as far as the confirmation according to § 5 paragraph 5 as given to the waste disposal facility and to the waste codes of the applies, a photocopy of the declarations of proof as well as waste disposed of in the facility the confirmation of receipt according to § 4. The carrier, and this information with the corresponding information every other carrier also has the documents mentioned in from the declarations of proof match. sentence 1, as well as a copy of the transport permit or the (3) Upon request, the competent authority shall use the forms certification to replace the permit as a waste management provided for this purpose in Annex 1 to notify the waste disposal company at the company pursuant to paragraph 1 number 2 of the transport and these documents upon request of those authorized Release the obligation to confirm if to control and monitor them to submit. 1. compliance with the provisions of Section 5 (1) sentence 1 Requirements regarding the waste listed in the application (4) If the transport is carried out by means of rail vehicles, are guaranteed and the obligation to carry the goods does not apply of documents according to paragraph 3 sentence 2. In this case 2. there are no indications or facts known that the waste disposal the waste transporter must ensure in a suitable manner that if company violated the the waste transporter changes, the violates or has violated the obligations incumbent on disposal hand over the documents specified in paragraph 3 sentence 2 or as part of monitoring. will. (5) If the confirmation is rejected, the for the Section 5 paragraphs 2, 3 and 4 sentence 2 applies accordingly. Waste disposal facility responsible authority for itself (4) Insofar as the obligation to confirm according to paragraph 1 photocopy of the original documents. She transmits omitted, the waste disposal company sends the according to § 3 the original documents directly to the waste producer and a Para. 2 and 3 declarations of proof to be provided photocopy to the waste producer before starting the intended disposal to the for competent authority and the waste disposal company. the disposal facility responsible authority. The waste producer sends an before starting the disposal §7 Copy of the complete declarations of proof Exemption and Privilege the authority responsible for him. The declarations of proof are (1) The obligation to issue a confirmation of receipt according valid for a maximum of five years from the date of the declaration to Section 4 and to obtain a confirmation of acceptance by the waste disposal company. The authority according to § 5 does not apply if the waste disposal company for the responsible for the waste disposal facility can, applying Section waste disposal plant operated by him and there 5, Paragraph 4, limit the period of validity of the declarations of treatment to be carried out, material or energy recovery, storage proof and impose conditions or dumping for carrying out the activities. § 6 Paragraphs 3 and 4 apply accordingly. 1. certified as a waste disposal company, 2. at the request of the competent authority from the (5) The waste disposal company must inform the waste confirmation obligation has been released or producer immediately if the exemption granted on the basis of subsection 1 sentence 1 number 2 and subsection 3 3. the operated waste disposal facility to a becomes ineffective, the conditions for the exemption according to Regulation (EC) No. 761/2001 of March 19 pursuant to paragraph 1 sentence 1 no. 1 or 3 or paragraph 2 2001 on the voluntary participation of organizations in a are omitted or to the waste disposal company community system for environmental management and Order or a revocation according to § 8 has been issued. environmental auditing As far as the requirements for an exemption (EMAS) (OJ EC No. L 114 p. 1) and a company site or part Paragraph 1 sentence 1 number 3 and paragraph 2 sentence 2 are omitted of a site entered in the EMAS register in accordance with the the waste disposal company also does this for those responsible for it Environmental Audit Act notify authority. heard; an entry is the competent authority to share. §8 Section 5 (1) sentence 1 no. 3 applies accordingly. arrangement, revocation (2) The exemption according to paragraph 1 number 1 only applies if (1) The competent authority may order that the the certified activities in the surveillance certificate Waste producer and the waste disposal company exempted of the company in relation to its locations and facilities, including according to § 7 Para. 1, deviating from § 7 Para. 4 for proof the respective types of waste and the associated waste codes. the permissibility of disposal in certain cases Does the Ent obtain a confirmation according to § 5, if Machine Translated by Google 2302 Federal Law Gazette 2006 Part I No. 48, issued in Bonn on October 26, 2006 1. Facts justify the assumption that the waste producer or In the case of collection of waste oils or waste wood the waste disposal company in these cases Evidence of the admissibility of disposal can be provided against them in waste disposal or in using the waste code that characterizes the waste oil obligations incumbent on monitoring collection category or the waste wood category. violate or have violated or 2. other reasons for the public good (3) Article 3, paragraphs 1 to 3 and Articles 4 to 6 shall Require order to obtain confirmation. apply accordingly to the management of the collective disposal certificate, with the proviso that the according to these provisions, the obligations apply to the If the competent authority has facts within the meaning of waste producer according to the collector Clause 1 No. 1 known, it is the responsibility of the waste producer are fulfilled. Sections 7 also apply to the collection of the or the waste disposal company to refute them. waste specified in Appendix 2 letters a and b (2) If, in the case of paragraph 1 number 1, facts justify and 8 application; Paragraphs 1, 2 and 3 sentence 1 and the assumption that the waste disposal company has Paragraphs 4 to 6 apply accordingly. breached its obligations, the competent authority may (4) As far as the collection area limits 1. also order a waste disposal company exempted of the country in which the authority responsible for the according to Article 7 Paragraph 1 No. 1 or 3 that, in collector is based, the collector has the proof of collective derogation of Article 7 Paragraph 1, this company may disposal or, if omitted only accept waste after prior confirmation according to Articlethe 5 obligation to confirm in accordance with paragraph 3 and sentence 2, to also inform the competent authorities of the 2. to a person pursuant to Section 7 Paragraph 1 No. 2 upon application other countries of the declarations of proof at the latest revoke the exemption for exempt waste disposal before the start of collection. companies, (5) The collector must also provide proof of collective if the exempt waste disposal company is not within disposal in accordance with paragraphs 1 to 4 regarding refutes the facts within a reasonable period set by the the admissibility of the intended disposal if the producers competent authority. of the collected waste according to § 2 paragraph 2 exempted from the obligation to provide evidence are. §9 (6) The proof of collective disposal according to paragraph 1 Collective disposal certificate is not transferable. (1) Deviating from § 3, proof of the Permissibility of the intended disposal must be documented Section 2 by the collector by means of a proof of collective disposal if the waste to be collected Evidence of the disposal carried out 1. have the same waste code, 2. have the same disposal route, § 10 3. their composition corresponds to the specifications for consignment note the collective batch specified in the collective disposal (1) Evidence of the disposal carried out certificate and Waste that is subject to verification is recorded with the 4. at the individual waste producers on the respective help of the consignment notes using the designated The amount of waste produced at the site does not Forms in Appendix 1 are kept. exceed 20 tons per waste code and calendar year. (2) When handing over property waste Sentence 1 number 4 does not apply to the collection of a waste producer must use a separate set of consignment the waste specified in Annex 2 letter a. notes for each type of waste consists of six copies. The number of copies to be filled (2) Deviating from paragraph 1 sentence 1 no. 1 and 4 out is reduced as soon as waste producers or waste the maintenance of a collective disposal certificate transporters and waste disposal companies 1. Permitted for collected used oils even if are wholly or partially the same person. At a the waste oils of the same collection category or the Change of waste carrier is the handing over of the waste Collection categories 2 to 4 according to Appendix 1 of to the transferor from the accepting waste carrier by means belong to the Waste Oil Ordinance, insofar as the Waste of a takeover slip in a corresponding manner Oil Ordinance does not stipulate that it should be kept Application of Section 12 or in another suitable manner separate and the quantity of waste oil collected from to certify. the individual waste oil producer does not exceed 20 (3) Of the copies of the consignment notes tonnes per collection category and calendar year and 1. copies 1 (white) and 5 (old gold) as evidence for the 2. also permissible for collected old wood, register of the waste producer, if the waste wood of the same waste wood category AI to A IV of Annex III to Section 5 Paragraph 1 of the 2. Copies 2 (pink) and 3 (blue) for submission Waste Wood Ordinance, insofar as they are kept separately to the competent authority, is not required by the Waste Wood Ordinance 3. Copy 4 (yellow) as evidence for the register and the amount of waste wood collected from the of the waste carrier, in the case of a change of waste individual waste wood producer does not exceed 20 carrier for the register of the last waste carrier, tons per waste wood category and calendar year. Machine Translated by Google Federal Law Gazette 2006 Part I No. 48, issued in Bonn on October 26, 2006 2303 4. copy 6 (green) as evidence for the register § 12 of the waste disposal company Acceptance slip for collective disposal definitely. (1) When using a collective disposal certificate or declarations of evidence, the obligation to confirm according § 11 to Section 9 (3) sentence 2 no longer applies To complete proof of the disposal carried out and handling of the consignment notes Help of the transfer slips using the forms provided for this purpose in Annex 1, which are (1) According to the imprints intended for them Copying procedure as a receipt slip on the copies, the waste producer has at the latest upon are to be used, and the consignment notes within the meaning of delivery, the carrier or the collector § 10 led. The provisions of Section 10 (2) apply accordingly at the latest upon takeover and the waste disposal company to the acceptance slip. the consignment notes at the latest when the waste is accepted to fill out. Is there a disposal certificate for the disposal of waste oil or waste wood with more than one (2) The acceptance slip consists of two copies. Thereof If a waste code is available, the waste producer must enter the formative waste code in the waste code field of the 1. Copy 1 (white) as evidence for the register consignment note and in the multi-purpose field “Free for of the waste producer, Note” the waste code of the actually on the 2. Copy 2 (yellow) as evidence for the register Waste disposed of on the basis of this consignment note. of the collector For the purposes specified in sentences 1 and 2 definitely. the consignment notes are to be used as a set of consignment notes in the carbon copy process. The waybill record (3) The waste producer as well as the collector has the begins with copy 2 (pink). Copies 3 (blue) to 6 follow in Acceptance slips according to the imprints intended for him numerical order on the copies at the latest when the waste is accepted by (green). The last copy is copy 1 the collector (white) attached. The waste producer, the collector to fill out. Is there a collective disposal certificate for or the carrier fills in the imprint intended for him in accordance the disposal of waste oils or waste wood with more than with the requirements of sentence 1 a waste key before, the collector and have Copy 1 (white) by filling in the corresponding imprints of the waste producer to enter the formative waste code in the Copy 2 (pink) and the waste code field of the acceptance slip Copy information up to copy 1 (white). and in the general purpose field "Free for endorsements" (2) When accepting the waste, the waste carrier hands the waste code of the actually based on this over copy 1 (white) to the waste producer. Waste taken over with the take-over certificate. of the consignment notes as evidence for the register after (4) When accepting the waste, the collector hands over he insured the proper carriage and the copy 1 (white) to the waste producer. made the necessary additions. the of the acceptance certificate as evidence for its register. Copies 2 to 6 must be carried by the waste transporter The collector has copy 2 (yellow) during during the transport process and to be carried along during the transport process, upon request to be handed over to the waste disposal company when the waste is to be presented to the person authorized to monitor and handed over and, if requested, to the person responsible for monitoring control and, after the waste has been handed over to the and control authorized. waste disposal company, together with copies 4 (yellow) of the (3) No later than ten calendar days after acceptance to place the consignment note in his register. § 11 paragraph 5 the waste is handed over by the waste transporter or the applies accordingly. waste disposal company sends the copies 2 (pink) and 3 (blue) those responsible for the disposal facility § 13 authority as proof of acceptance of the waste; the handling of Copy 4 (yellow) is handed over or sent to the Accompanying note for collective disposal Waste carrier, copy 5 (old gold) dem (1) The collector has at the beginning of the collection Waste producers as evidence to their registers. the in accordance with Section 11, Paragraph 1, fill out the The waste disposal company keeps copy 6 (green) as a consignment notes and enter yourself as the waste transporter document for its register. and in particular to state the collective disposal certificate (4) No later than ten calendar days after receipt, the number. The collector only has to enter a fictitious producer authority responsible for the disposal facility sends copy 2 number in the producer field. This starts with the country (pink) to the authority responsible for the waste producer; in code according to the case of collective disposal, it is sent to the authority of the requirements of § 28 paragraph 6, followed by an "S", in the responsible for the respective collection area. remaining fields are entered with zeros. Before handing over the waste, he has to enter the numbers of the (5) If the transport is carried out by means of rail vehicles, the obligation to carry the goods does not apply Enter transfer certificates from which the of the copies referred to in paragraph 2 during the assembled cargo. The further procedure transport process. In this case, the carrier must ensure that, is based on the provisions on the consignment notes. in the event of a change of carrier, the copies referred to in paragraph 2 (2) Does the collection extend beyond the borders be handed over. of a country, so for every country in which ge Machine Translated by Google 2304 Federal Law Gazette 2006 Part I No. 48, issued in Bonn on October 26, 2006 is collected to keep a separate consignment note. provided by law and to open the access required for The identification of the collection area is to be entered as reception, unless in accordance with the described in paragraph 1. After accepting the Provisions of this Section or any due Waste by the waste disposal company is the consignment of § 26 issued decision of the competent note copy 2 (pink) in the corresponding application Authority expressly authorized another form of transmission of § 11 para. 3 and 4 of the for the respective country, in using forms collected to the competent authority. becomes. (2) Paragraph 1 also applies to those pursuant to Section 2 Paragraph 1 No. 2 Obliged parties, insofar as electronic verification is permitted Section 3 or ordered in accordance with Section 44 of the Recycling special cases Management and Waste Management Act. § 14 § 18 disposal by third parties, Communication associations and self-governing bodies (1) Those obliged to keep the records Are producer and owner obligations according to § 16 as well as the competent authorities have the declarations, Section 2, Section 17 Section 3 or Section 18 Section 2 of the Closed notes on the Substance Cycle Waste Management Act to third parties, associations or Expiry of deadlines, confirmations and decisions, copies, transferred to self-governing bodies of the economy, the copies, applications and exemptions competent authority may, upon application, for as structured messages using standardized interfaces in these disposal authorities allow the verification in the accordance with the specifications in Annex 3, each corresponding application of §§ 9, 12 and 13. specifying the one you opened Sentence 1 applies accordingly if the to transmit reception access. The Federal Ministry for the Disposal by public waste disposal companies. Environment, Nature Conservation and Nuclear Safety gives the definitions of the following from Annex 3 Interfaces until the end of the fifth to the promulgation of the § 15 Ordinance on the Simplification of Waste Control of October recovery 20, 2006 outside of a disposal facility (Federal Law Gazette I p. 2298) of the following calendar month as well as If recycling is carried out outside of a disposal facility, the subsequent changes required or provisions of Sections 1 and 2 as well as Corrections to these definitions on the Internet at www.bmu.bund.de known. this section (2) The waste carrier must ensure that 1. the obligations of the waste disposal company by the one the information from the consignment note and acceptance to fulfill who carries out the recovery, slip, including the company name and the address of the waste disposal company, during the 2. to perform the tasks of the authority responsible for the Transport process carried and at any time the disposal facility from the authority responsible under persons authorized to monitor and control in accordance state law. with the provisions of Section 11 (2) sentence 2 and § 12 para. 4 sentence 2 can be submitted. further § 16 Accompanying documents are not required according to this regulation. mixing small The obligation according to sentence 1 is also fulfilled if the Evidence of the proper disposal of small amounts of waste transporters for monitoring and control hazardous waste in terms of Provides the authorized persons with the required information of § 2 Para. 2, the waste producer and the waste disposal by means of electronic records. company have a takeover certificate to be managed in accordance with the provisions of Section 12. § 19 signature, transmission Section 4 (1) Those obligated to provide evidence and Electronic verification competent authorities have to be transmitted to provide electronic documents with a qualified electronic § 17 signature stating the signatory in plain text in chronological principle order, which according to Sections 1 to 3 are required for the (1) Notwithstanding the provisions of Sections 1 to 3, the submission of declarations, filing notifications, making notes, authorities responsible for maintaining evidence issuing confirmations and decisions, handing over or sending obligated to dispose of hazardous waste copies or copies, filing applications and issuing as well as the responsible authorities in the cases specified there, the declarations required to provide evidence, notes on the expiry of the deadline, confirmations exemptions are provided. In particular, waste producers, and to electronically transmit decisions, copies, applications waste transporters and waste disposal companies have and exemptions in accordance with the provisions of this section, with a qualified electronic signature within the 1. according to § 3 paragraphs 2 and 3 before obtaining a meaning of the signature confirmation according to § 5 or submitting a report Machine Translated by Google Federal Law Gazette 2006 Part I No. 48, issued in Bonn on October 26, 2006 2305 § 7 para. 4 the electronic documents corresponding to § 21 the declarations of proof as well as exceptions 2. the electronic documents corresponding to the consignment notes, at the latest by the time required for Notwithstanding Section 17, the management of the completing, handing over or sending the consignment takeover certificates pursuant to Section 12 may also be carried notes in accordance with Section 11 (1) sentence 1 and Section 11 out using the forms in Annex 1 provided here. Paragraph 3 Clause 1 stipulated points in time The obligations to comply with electronic documentation remain unaffected. qualified to electronically sign. (2) Notwithstanding Article 11, Paragraph 1, Clause 1 and Article 12 § 22 Paragraph 3 can confirm the acceptance of the waste from the waste producer by the waste transporter by means of Communication system disruption of the consignment note even after the waste has been (1) Insofar as electronic verification is not possible without accepted by the waste transporter, but no later than before restrictions due to a fault in the communication system or Handover of the waste to the waste disposal company with the for other reasons required signature if this is, the required evidence is to be provided using the agreed in writing between the waste producer and the waste information provided in Sections 1 to 3 transporter. The agreement must be presented to the forms or by means of a receipt competent authority upon request. The sentences 1 place of the consignment note. The receipt and 2 apply accordingly to the electronic management of provides the information required for the management of the the acceptance slip. consignment note in terms of form and content and is used (3) Deviating from § 6 paragraph 1 sentence 2 sent in one copy. The regulations according to the authority responsible for the waste disposal company Section 10, paragraph 2, sentences 1 and 3, Section 11, paragraph 1, sentence 1 and paragraph 5 sends the confirmed proof of disposal with the transmission as well as § 13 apply accordingly. To to the waste producer and the waste disposal company as well completion of the shipment of the waste remains to the authority responsible for the waste producer. Deviating Receipt from the waste disposal company, who takes it in from § 7 paragraph 4 sentence 2 sends the for the accordance with the provisions of Section 24 (1) and (2) and responsible authority for waste disposal, the declarations of of § 25 paragraph 1 kept. the person responsible for proof, proof to the authority responsible for the waste producer. The person who detects the disruption has this to the parties This eliminates the obligation for the waste producer to involved in the detection process and the responsible authorities Submission of a photocopy of the confirmed disposal certificate in immediately if the disruption cannot be remedied within a accordance with Section 6, Paragraph 1, Sentence 2 or the declaration reasonable period of time. of evidence in accordance with Section 7, Paragraph 4, Sentence 2 (2) If a fault in the communication system occurs to the competent authority. repeatedly or not only for a short time and (4) To transmit the electronic documents Facts justify the assumption that the disorder Only secure transmission paths may be used that prevent from the area of responsibility of a certain unauthorized persons from accessing the transmitted the responsible authority can order that the party responsible documents during transmission. for providing evidence 1. one known by the competent state authority § 20 given experts with the examination of coordination Verification processes commissioned to which the obligated to provide evidence is involved, The countries ensure that the electronic Verification by the obligated and the competent authorities, 2. one known by the competent state authority even in the case of national borders given experts with the examination of compliance with the disposal of waste Establishment and operation of his operational can be. In this respect, it must be ensured in particular that Communication system commissioned, as far as this the declarations, notes on the expiry of the deadline, System directly or indirectly under the leadership of confirmations and Evidence and registers serves Decisions, photographs, applications and exemptions 3. in addition to the electronic management of evidence and registers additional proofs and registers 1. can be mediated at any time between the sender and the using the forms provided for this purpose, if proper intended recipient, verification cannot be guaranteed in any other way. 2. can be encrypted in such a way that they are only for the intended recipients are accessible and (3) Paragraph 2 sentence 1 No. 2 shall apply accordingly 3. are not permanently stored as part of the mediation. to orders towards a third party whom the person required to provide proof with the electronic management of Evidence and registers commissioned. As far as the countries in fulfillment of the obligations under the Sentences 1 and 2 provide facilities for electronic (4) No later than ten calendar days after rectification communication, these may be of the the disruption of the communication system have the only be used for the purpose of providing evidence, unless to electronically transmit the verification data transmitted in the federal states do otherwise accordance with paragraph 1 by means of forms or receipts. determine. Machine Translated by Google 2306 Federal Law Gazette 2006 Part I No. 48, issued in Bonn on October 26, 2006 You on 3 and file in chronological order and in set the registers. Sentence 1 applies accordingly, insofar as register management the competent authority the obligation to keep about the disposal of waste has ordered takeover certificates according to Section 44, Paragraph 1, No. 1 of the Circular Economy and Waste Management Act. § 23 (4) Waste disposers responsible for maintaining records group of those subject to registration are not obliged to register the deliveries To keep electronic registers and under of waste by drawing up a separate register for each type of Producers, collectors, waste and each disposal facility, in which she Transporters and disposal companies of waste, insofar as one 1. as a heading, the waste code for this type of waste Obligation to keep registers according to the Waste Catalog Ordinance, state the 1. Section 42 of the Recycling Management and Waste Management Act company name and address, the designation and or address of the disposal facility and (if available) the disposal company number and 2. Section 44 (1) no. 1 of the Closed Substance Cycle Waste Management Act by order of the competent 2. below this information continuously for each accepted authority batch of waste, at the latest ten calendar days after acceptance, its quantity and the date consists. indicate their acceptance and sign this information. § 24 The information in sentence 1 number 2 and the signature can keeping the registers be included in practice documents, in particular delivery or (1) The registers consist of a factually and chronologically cradle slips, if these show the waste and the information arranged presentation in accordance with the requirements specified in sentence 1 number 1 of Section 42 (1) and (2) of the Closed Substance Cycle be assigned in a factual and chronological order. the Waste Management Act and this Ordinance Waste disposal companies can be responsible for recording the items listed in sentence 1 of the disposal processes that are subject to registration. No. 1 also the form of acceptance declaration AE and for (2) Notwithstanding paragraph 3, the Regis the recording of the in sentence 1 No. 2 ter on waste requiring verification by the information provided on the form accompanying document Use Attachment 1. Insofar as waste disposal companies keep the 1. the waste producers, collectors and waste disposers registers electronically in accordance with Section 25 (2) sentence 2, must the copies of the consignment notes intended for them, they keep the registers on the basis of these forms. insofar as the waste producer copies copies 5 (old gold) and 1 (white) intended for him, one after the other, (5) Waste disposers who treat and store waste regardless of the chronological order and not obliged to provide evidence assigned, at the latest within ten calendar days after also register each delivery of treated and stored waste in receipt of the respective disposal, and collective disposal accordance with paragraph 6 (Section 42 paragraph 2 certificates sentence 1 of the Closed Substance Cycle Waste assign in chronological order, Management Act). The registration requirements 2. the collectors, in addition, the copies of the acceptance Sentence 1 does not apply to waste disposal companies which slips intended for them no later than ten calendar days 1. the treated or stored waste in its own, after receipt of the respective in close spatial connection with the assign copies of the consignment notes intended for Treatment or storage recycling or disposal facilities or him in chronological order and 3. the waste transporters separate the copies of the 2. only generate non-hazardous waste in quantitatively consignment notes intended for them no later than ten insignificant amounts as a result of the use of waste in calendar days after receipt and according to waste type production processes. and arrange in chronological order Sentence 2 does not apply to waste disposal companies and file it away and place it in the register. If the waste whose main purpose is to recycle or dispose of waste in their producer is also the waste transporter, he has the facilities. Copies 4 and 5 (yellow and old gold) of the consignment note, if he is also a waste disposal company, he only has those (6) Waste producers responsible for maintaining records Copy 6 (green) to be filed in accordance with sentence 1 are not obliged to register each delivery of waste by and place it in its register. If the waste transporter disposes registering for each type of waste and each point at which it occurs of the waste himself, he must file copy 6 (green) in create your own directory of the waste in which they accordance with sentence 1 and set up his register. 1. as a heading, the waste code for this type of waste (3) The producers of small quantities of hazardous according to the Waste List Ordinance, state the waste, the waste producers who collect hazardous waste company name and address, the designation and The collectors and the waste disposal companies who address of the place where the waste is generated and accept small quantities of hazardous waste keep the (if available) the producer number and registers by submitting the copies of the acceptance slips 2. below this information continuously for each batch of intended for them no later than ten waste no later than ten calendar days Calendar days after receipt separated by waste type after delivery, their quantity, the date of their delivery Machine Translated by Google Federal Law Gazette 2006 Part I No. 48, issued in Bonn on October 26, 2006 2307 state the disposal and the person taking over the waste regulations corresponding to §§ 17 to 20 and § 22 batch and sign this information. Application. Paragraph 4 sentence 2 applies accordingly. The Waste Producers (3) Paragraph 2 sentence 1 applies to the collector in can be used to record the data specified in sentence 1 number 1 Copies of the takeover certificate to be entered in his register Information also the form cover sheet disposal certificates even if the takeover certificate DEN in connection with the form responsible declaration VE, according to § 21 using the provided for this purpose imprint 1, and for the recording of the information mentioned Forms in Annex 1 is kept. in sentence 1 no. 2 the Use the consignment note form in Annex 1. As far as waste You on 4 producers the register according to § 25 paragraph 2 sentence 2 electronically, they must keep the registers on the basis of Common Provisions these forms, whereby the person accepting the batch of waste must be specified in the electronic consignment note § 26 in the “Free for notes” field exemption, order is. of proof and registration obligations (7) Waste transporters who are not obliged to keep (1) The competent authority may, in accordance with Section 42 records register every transport of waste by creating a or Section 43 of the Closed Substance Cycle and Waste Management Act separate list for each type of waste in which they Obliged parties on application or ex officio in full or partially subject to the revocation of 1. as a heading, the waste code for this type of waste exempt from keeping records or registers, to the extent that this adversely affects the well-being of the according to the Waste List Ordinance, the company general public is not to be feared. The responsible name and address and (if available) the The authority may request the provision of other suitable Enter the carrier number and evidence. 2. below this information continuously at the latest (2) The competent authority may vis-à-vis a ten calendar days after completion of the carriage according to § 42 of the Closed Substance Cycle and Waste Management Act for each batch of waste handed over, its quantity and to keep registers of disposal indicate the date of their delivery and sign this information. hazardous waste obligated to register arrange further information. Paragraph 4 sentence 2 applies accordingly. The waste carriers can be used to record the data specified in sentence 1 number 1 § 27 Information also the form cover sheet disposal certificates Verification in special cases DEN in connection with the form responsible declaration VE, imprint 2, and for the recording of the information mentioned (1) Anyone who wastes for which he must keep records in sentence 1 no. 2 the taken over by another who, with regard to this Use the consignment note form in Annex 1. As far as waste Waste not obliged to provide evidence transporter the register according to § 25 paragraph 2 is, also has his name and address on the for Sentence 2 electronically, they must keep the registers on determined by him and on the copies to be forwarded or the basis of these forms. passed on by him or Documents to be kept according to this regulation § 25 provide evidence. Who wastes another who is not obliged to provide evidence in this respect, has duration of registration, his name and address in electronic registration the evidence to be provided in accordance with this ordinance (1) Those who are obliged to set up and maintain the to specify. register have the (2) Is due to other than those referred to in paragraph 1 Sentence 1, paragraph 6 or 7 to be entered in the register Specifics an unrestricted determination Receipts or information three years, each from the date not possible to provide evidence, so counted towards their inclusion in the register in which the party responsible for providing evidence has the evidence to keep or leave registers. The approval notice for the waste in a manner determined by the competent authority disposal facility can way to use. If several authorities are responsible, they shall determine a longer duration than provided for in sentence 1. make the decision in accordance with sentence 1 Agreement. (2) The registers of waste requiring proof are to be kept electronically, to the extent that it is in the register § 28 electronic verification is mandatory for the verifications to be Allocation of identification numbers submitted. Incidentally, can the registers are kept electronically. Will the (1) For keeping records and registers Registers are kept electronically, so are the documents or The necessary identification, producer, carrier and disposal Information in corresponding application of paragraph 1 company numbers are provided by the responsible authority granted. and § 24 to store permanently and orderly. As far as the competent authority according to § 42 para. 4 (2) The numbers required to differentiate between the of the Circular Economy and Waste Management Act, the individual verification processes and the exemption numbers submission of the register or individual information from the are issued by the person responsible for the waste disposal company Arranges register, refer to the fulfillment of this order Authority. Those in the case of replacing single after Machine Translated by Google 2308 Federal Law Gazette 2006 Part I No. 48, issued in Bonn on October 26, 2006 The authority responsible for the producer issues the registration 3. violates an enforceable order pursuant to Section 8 Subsection number required under Section 43 (2) of the Closed Substance 1 Sentence 1 or Subsection 2 No. 1, also in conjunction with Cycle Waste Management Act. The competent authority may allow Section 9 Subsection 3 Sentence 2, or Section 22 Subsection the identification numbers required under sentence 1 to be issued 2, also in conjunction with Subsection 3 , by a third party, in particular an exempt disposal company. 4. contrary to Section 17 (1), does not provide access that is required to receive the electronic documents mentioned there, The identification numbers to be issued in accordance with sentence 1 have the following code letters in the first two digits: 1. 5. contrary to Section 18 (1) sentence 1, transmits a message "EN" for proof of disposal, 2. "SN" for proof of collective disposal, without specifying the open access, 3. "FR" for exemption, 4. "RE" for register. 6. Contrary to Section 18 (2) sentence 1, does not guarantee that information specified there can be submitted or communicated, 7. Contrary to Section 19 (4) does not use a secure The country code is to be included in the third digit. transmission path when transmitting electronic documents, (3) In the case of electronic management of evidence, the assignment of identification numbers in accordance with paragraph 2 in accordance with Article 20 shall be ensured by the federal states. 8. contrary to Section 22 (1) sentence 5, fails to submit a report (4) Only one consignment note/acceptance note number or does so incorrectly, incompletely or in time, provided by the system set up by the federal states (§ 20) is to be used for each electronic disposal process. 9. contrary to Section 25 (1) sentence 1, also in conjunction with sentence 2, fails to keep a receipt or information or not for the prescribed period or (5) Evidence must contain the numbers assigned in accordance with paragraphs 1 to 4. The numbers may be from 10. Contrary to § 28 paragraph 5 sentence 2 use a number used by the parties subject to the obligation to provide evidence the. exclusively for the purposes specified there. (6) The country codes required under this Ordinance are to be You on 5 used as follows: A Schleswig-Holstein Final Provisions B Hamburg C Lower Saxony Section 30 Transitional Provisions D Bremen for Valid Evidence E North Rhine-Westphalia (1) Waste disposal certificates and collective disposal certificates which, at the time when Article 8 Paragraph 1 of the F Hesse Ordinance for the Simplification of Waste Control of October 20, G Rhineland-Palatinate 2006 (Federal Law Gazette I p. 2298) came into force, were already in accordance with the Certificate Ordinance in the version of the H Baden-Württemberg notice dated 17 June 2002 (Federal Law Gazette I p. 2374), last And Bayern amended by Article 4 of the Ordinance of 15 August 2002 (Federal K Saarland Law Gazette I p. 3302), are valid as disposal certificates and L Berlin collective disposal certificates according to this until the end of their period of validity regulation. M Mecklenburg-Vorpommern N Saxony-Anhalt P Brandenburg (2) Declarations of verification which, at the time when Article 8 (1) of the Ordinance for the Simplification of Waste Monitoring of R Thuringia October 20, 2006 (Federal Law Gazette I, p. 2298) came into force, S Saxony. were already in accordance with the Verification Ordinance in the version of the notice dated October 17, 2006. June 2002 (Federal Law Gazette I p. 2374), last amended by Article 4 of the ordinance Section 29 Administrative of August 15, 2002 (Federal Law Gazette I p. 3302), have been provided in the privileged procedure are considered declarations of offenses Any person who intentionally or negligently acts as an proof within the meaning of Section 7 para. 4 until the expiry of administrative offense within the meaning of Section 61 (2) No. 14 of their period of validity if they are submitted to the authority the Recycling and Waste Management Act responsible for the disposal facility no later than 30 calendar days 1. violates an enforceable condition pursuant to Section 5 (4) before the Ordinance on the Simplification of Waste Control of sentence 2, also in conjunction with Section 9 (3) sentence 1 October 20, 2006 (Federal Law Gazette I p. 2298) comes into force or Section 15 number 1, or no later than 30 calendar days after their provision be forwarded. 2. contrary to Section 6 (3) sentence 2, also in conjunction with Section 9 (3) sentence 1, Section 11 (2) sentence 2 or Section 12 (4) sentence 2, does not carry a document mentioned there (3) An exemption from the obligation to confirm at the request of the or does not present it or does not present it in good time , waste disposal company, which is to be given to the person referred to in Article 8 Machine Translated by Google Federal Law Gazette 2006 Part I No. 48, issued in Bonn on October 26, 2006 2309 Paragraph 1 of the Ordinance on the Simplification of Waste 2006 (Federal Law Gazette I p. 2298). Control of October 20, 2006 (Federal Law Gazette I p. 2298) already determined when they came into force may hand over, take over or accept hazardous waste as the Verification Ordinance in the version published on June part of the transport process 17, 2002 (Federal Law Gazette I p. 2374), most recently by the waste producer, the collector, the transporter and the amended by Article 4 of the Ordinance of August 15, 2002 waste disposer using a (Federal Law Gazette I p. 3302), is valid until Proof of receipt according to § 22 paragraph 1 sentences 2 at the end of their period of validity as an exemption to 4. § 7 Abs. 1 Nr. 2 fort. (3) If a receipt is kept according to paragraph 2, (4) Waste management concepts and waste balance sheets does not apply to the waste producer and the waste transporter until the date specified in Article 8 Paragraph 1 of the Ordinance on the obligation to use a qualified electronic signature in Simplification of the waste law monitoring from accordance with Section 19, Paragraph 1. Remain otherwise October 20, 2006 (Federal Law Gazette I p. 2298) have the obligations to manage the consignment notes replaced evidence of waste requiring special monitoring, electronically remain unaffected and must be fulfilled with are valid until expiry the proviso that in the cases specified in Section 11 (2) to their period of validity as a register within the meaning of (4) the consignment note is only sent subsequently within this regulation. the deadlines specified there. The delivery of a copy of the (5) Permission pursuant to Section 32 (4) of the receipt to the waste producer, the collector Verification Ordinance in the version of the notice dated June 17, 2002 (Federal Law Gazette I p. 2374), last amended by or the carrier upon takeover or acceptance Article 4 of the ordinance of August 15, 2002 (Federal Law Gazette I the waste is not required. p. 3302), for testing the electronic documentation, applies until the end of its period of validity, at the latest until the (4) The waste disposal company has the electronic date specified in Article 8 (2) of the Ordinance on transmission of the consignment note to the competent Simplification of the waste law monitoring from authority to assure that the receipt has been completely 20 October 2006 (Federal Law Gazette I p. 2298) of section filled out, in particular duly signed, the details from this 4 of part 2. The responsible receipt with those Authorities can subsequently add ancillary provisions to a of the consignment note match or changes permit pursuant to sentence 1. have been identified and he keeps the receipt properly. This insurance must be § 31 be covered by the qualified electronic signature of the waste transitional provisions disposal company. for electronic verification (5) No later than four years after (1) Those who are required to provide evidence may, with their consent the entry into force specified in Article 8 Paragraph 1 of the the competent authority the proofs and registers Ordinance on the Simplification of Waste Control of October according to this regulation from the date specified in Article 8 20, 2006 (Federal Law Gazette I p. 2298). Paragraph 1 of the Ordinance on the Simplification of Waste the waste producer can make the responsible statement Control of October 20, 2006 about the disposal of hazardous waste even without (Federal Law Gazette I, p. 2298) of the entry into force of Use of a qualified electronic signature this ordinance electronically, also applying paragraphs 2 to provide. In this case, he also has the waste disposal 5. One issued to the waste disposal company company out of the communication system Approval excludes the producers who are required to provide evidence, generated, containing the intended information Conveyor and collector included, according to the provisions and handwritten signed Responsible Er and according to the extent of the consent given to the to send clarification. Section 3 (2) sentence 1 applies want to participate in electronic verification procedures. accordingly. Otherwise, the obligations to keep records Approval by the competent authority should be granted if electronically remain unaffected. For further handling the the affected enforcement authorities have already met the responsible technical requirements for Statement by the waste disposal company apply paragraph 2 Sentence 3 and paragraph 4 accordingly. pass the electronic verification. In particular, for the implementation of Section 20, the consent (6) As far as the use according to this regulation provided with ancillary provisions or conditions or is prescribed by forms are up to be limited. If several authorities are responsible April 1, 2010 the forms according to Annex 1 of decides the responsible for the disposal plant Verification Ordinance in the version of the notice of June Authority. 17, 2002 (Federal Law Gazette I p. 2374), the last (2) No later than four years after by Article 4 of the Decree of August 15, 2002 the in Article 8 para. 1 of the Ordinance on the simplification (Federal Law Gazette I p. 3302) has been changed. Machine Translated by Google 2310 Federal Law Gazette 2006 Part I No. 48, issued in Bonn on October 26, 2006 Attachment 1 Forms for Part 2, Sections 1 and 2 and Section 24 (4) This annex contains forms*) to be used in the cases governed by the Ordinance for the maintenance of evidence, the submission of notifications, the establishment and maintenance of registers and the exemption are. The required information must be entered in accordance with the instructions for completing the individual fields. All entries in the forms listed in the appendix must be made legibly in German using a printer, typewriter, ballpoint pen or other writing implement with permanent writing. The original content of an entry may not be made illegible without at the same time making it clear whether this was done when the entry was originally made or not until later. The forms are to be used as follows: 1. To maintain the disposal certificate (§ 3) and the collective disposal certificate (§ 9). forms – Cover sheet of disposal certificates (DEN), – Responsible declaration (VE), - Declaration analysis (DA), – declaration of acceptance (AE), – Official confirmation (BB), 2. the forms for maintaining the disposal certificate without official confirmation (§ 7, notification). – Cover sheet of disposal certificates (DEN), – Responsible declaration (VE), - Declaration analysis (DA), – declaration of acceptance (AE), 3. for exemption (§ 7) the forms - cover sheet application (DAN), - declaration of acceptance (AE), - official confirmation (BB), 4. for keeping the proof of the performed disposal (§§ 10, 12) the forms – consignment note, – acceptance slip, 5. the forms for keeping the registers (section 24 (4) to (7)). – Cover sheet of proof of disposal (DEN), – Declaration of responsibility (VE), – Declaration of acceptance (AE), – Accompanying note. *) Notes on the design of the forms 1. The forms are reduced and cannot be machine-read, typed or EDP-ed in this size. For proper use, the DIN A4 forms must be enlarged at a ratio of 84:100. The acceptance slip has the dimensions 210 mm x 210 mm. 2. All field boundaries and grid areas of the forms, with the exception of the consignment notes and acceptance slips, should preferably be printed in HKS 6N color. The halftone areas must not exceed 50% of the full tone value. All fonts, numbers and the computer passer must be printed in black. Machine Translated by Google Federal Law Gazette 2006 Part I No. 48, issued in Bonn on October 26, 2006 2311 Machine Translated by Google 2312 Federal Law Gazette 2006 Part I No. 48, issued in Bonn on October 26, 2006 Machine Translated by Google Federal Law Gazette 2006 Part I No. 48, issued in Bonn on October 26, 2006 2313 Machine Translated by Google 2314 Federal Law Gazette 2006 Part I No. 48, issued in Bonn on October 26, 2006 Machine Translated by Google Federal Law Gazette 2006 Part I No. 48, issued in Bonn on October 26, 2006 2315 Machine Translated by Google 2316 Federal Law Gazette 2006 Part I No. 48, issued in Bonn on October 26, 2006 Machine Translated by Google Federal Law Gazette 2006 Part I No. 48, issued in Bonn on October 26, 2006 2317 Machine Translated by Google 2318 Federal Law Gazette 2006 Part I No. 48, issued in Bonn on October 26, 2006 Machine Translated by Google Federal Law Gazette 2006 Part I No. 48, issued in Bonn on October 26, 2006 2319 Machine Translated by Google 2320 Federal Law Gazette 2006 Part I No. 48, issued in Bonn on October 26, 2006 Machine Translated by Google Federal Law Gazette 2006 Part I No. 48, issued in Bonn on October 26, 2006 2321 Machine Translated by Google 2322 Federal Law Gazette 2006 Part I No. 48, issued in Bonn on October 26, 2006 Machine Translated by Google Federal Law Gazette 2006 Part I No. 48, issued in Bonn on October 26, 2006 2323 Machine Translated by Google 2324 Federal Law Gazette 2006 Part I No. 48, issued in Bonn on October 26, 2006 Machine Translated by Google Federal Law Gazette 2006 Part I No. 48, issued in Bonn on October 26, 2006 2325 Machine Translated by Google 2326 Federal Law Gazette 2006 Part I No. 48, issued in Bonn on October 26, 2006 Machine Translated by Google 2327 Federal Law Gazette 2006 Part I No. 48, issued in Bonn on October 26, 2006 Attachment 2 Waste according to Section 9 Paragraph 1 Clause 2 and Section 9 Paragraph 3 a) List of waste in accordance with Article 9 Paragraph 1 Clause 2 and Paragraph 3 Clause 2 13 04 01 bilge oils from inland navigation 13 04 02 bilge oils from jetty drains 13 04 03 bilge oils from other shipping 16 06 01 lead-acid batteries 16 07 08 waste containing oil (from shipping) b) List of wastes in accordance with Section 9 (3) sentence 2 09 01 01 Water-based developers and activators 09 01 02 Water-based offset printing plate developing solutions 09 01 04 fixer baths 09 01 05 bleach solutions and bleach-fix baths 09 01 11 disposable cameras with batteries falling under 16 06 01, 16 06 02 or 16 06 03 12 01 06 mineral-based machining oils containing halogens (except emulsions and solutions) 12 01 07 mineral- based machining oils without halogens (except emulsions and solutions) 12 01 08 machining emulsions and solutions containing halogens 12 01 09 machining emulsions and solutions free of halogens 12 01 10 synthetic machining oils 12 01 12 used greases and waxes 12 01 19 easily biodegradable machining oils 13 01 04 chlorinated emulsions 13 01 05 non-chlorinated emulsions 13 01 09 chlorinated mineral-based hydraulic oils 13 01 10 non-chlorinated mineral-based hydraulic oils 13 01 11 synthetic hydraulic oils 13 01 12 readily biodegradable hydraulic oils 13 01 13 other hydraulic oils 13 02 04 chlorinated mineral- based engine, gear and lubricating oils 13 02 05 non-chlorinated engine , mineral-based gear and lubricating oils 13 02 06 synthetic engine, gear and lubricating oils 13 02 07 readily biodegradable engine, gear and lubricating oils 13 02 08 other engine, gear and lubricating oils 13 03 06 chlorinated insulating and heat transfer oils petroleum based except those listed below 13 03 01 fallen 13 03 07 mineral-based non-chlorinated insulating and heat-transfer oils 13 03 08 synthetic insulating and heat-transfer oils 13 03 09 readily biodegradable insulating and heat-transfer oils 13 03 10 other insulating and heat-transfer oils 13 05 01 solid wastes from grit chambers and oil/water separators 13 05 02 sludges from oil/water separators 13 05 03 sludges from manholes 13 05 06 oils from oil/water separators 13 05 07 oily water from oil/water separators 13 05 08 mixed waste from grit chambers and oil/water separators 13 07 01 fuel oil and diesel 13 07 02 Petrol 16 01 07 oil filter 16 01 11 Brake pads containing asbestos 16 01 13 brake fluids 16 01 14 antifreeze containing dangerous substances Machine Translated by Google 2328 Federal Law Gazette 2006 Part I No. 48, issued in Bonn on October 26, 2006 16 06 02 Ni-Cd-Batterien 16 06 03 Batteries containing mercury 17 06 01 insulation material containing asbestos 17 06 05 building materials containing asbestos 18 01 03 wastes whose collection and disposal are subject to special requirements in order to prevent infection be asked 18 01 10 Dental amalgam waste 18 02 02 wastes whose collection and disposal are subject to special requirements in order to prevent infection be asked 20 01 17 Photochemicals 20 01 21 fluorescent tubes and other waste containing mercury 20 01 33 batteries and accumulators mentioned in 16 06 01, 16 06 02 or 16 06 03 and mixed ones Batteries and accumulators containing such batteries Machine Translated by Google Federal Law Gazette 2006 Part I No. 48, issued in Bonn on October 26, 2006 2329 Attachment 3 Specifications for structured messages/interfaces according to § 18 paragraph 1 This annex contains the specifications for the structured messages and interfaces in accordance with Section 18 Paragraph 1 Clause 1 (electronic forms) used in the cases of keeping records regulated by the Ordinance, the reporting, setting up and maintaining registers, exemption and the transmission of other information required as part of the documentation. 1. General requirements – The electronic forms contain the information required under the Ordinance, in particular in connection with Annex 1, for maintaining evidence, filing notifications, setting up and maintaining registers, exemption and transmission of other information required as part of the maintenance of evidence. – The electronic forms are state-of-the-art based on the descriptive language Extensible Markup Language (XML) defined and deposited with the corresponding XML schemata. - Qualified electronic signatures are in the cases determined according to § 19 paragraph 1 in the electronic Forms included as XML signatures according to the IETF W3C standard XML-DSig and taking into account other standards where relevant. – The encryption of individual fields of an electronic form (encryption on element level) is not allowed, notwithstanding the W3C standard definition of element-level ciphers for XML-based documents. – The electronic forms contain to facilitate the integration into existing background systems Length restrictions for the individual fields as well as field types and mandatory fields, which are controlled via the stored XML schemas. - In the cases regulated by Section 19 (1), the qualified electronic signature includes the information for which when using the forms according to Annex 1, the written form is determined. 2. Special Provisions a) The disposal certificate/collective disposal certificate (§§ 3, 9) includes the information from as an aggregation the forms – Cover sheet of disposal certificates (DEN), – Responsible declaration (VE), - Declaration analysis (DA), – Declaration of Acceptance (AE) and – the official confirmation (BB). aa) In the declarations of proof (§ 3 Para. 1) can reveal according to the competent authority Inaccuracies can be changed if they are identified by means of a qualified electronic signature who made the change and the original declaration remains recognizable. In the case of changes in accordance with sentence 1, the procedure provided for changing consignment notes applies Apply letter c accordingly (layer technology). Different regulations can be made for other changes to waste disposal certificates and declarations of evidence during their term. bb) The declaration analysis and other necessary appendices are to be included in the disposal certificate as data containers in your own data structure. Deviating from the general specifications after number 1, the declaration analysis and other required attachments can also be in others formats are transmitted as XML. In this respect, only legible and accessible for the authority to use workable formats, in particular Microsoft Word, Adobe PDF, TIFF, RTF and Open Office. b) The requirements of letter a apply accordingly to the management of the disposal certificate/collective disposal certificate without official confirmation (§ 7). c) The requirement to use the consignment note as a set in the carbon copy process (§ 11 Para. 1 Sentence 2) is mapped electronically as follows: The perspectives (copy) are individual, valid in the respective view representations of the Form data realized (layer technology). There is a distinguished page of the underlying electronic form (base layer) that resulting from the initial entry of the form data, also with attached qualified electronic signature, results. The base layer forms the first view. Changes and additions to individual information are always included as an independent view (subsequent view). recorded in a separate layer (change layer) and relate exclusively to the previous layer (reference layer). Changes superimpose the corresponding information in the reference layer. Supplements expand the reference layer for more information. The information of the change layer together with the data Machine Translated by Google 2330 Federal Law Gazette 2006 Part I No. 48, issued in Bonn on October 26, 2006 of the underlying reference layer is the valid representation of the electronic form for that view. Qualified electronic signatures are included as a supplement in the respective layer assigned to the view. The chain of reference layers, beginning with the base layer, depicts the chronological sequence of the changes or additions made. – The qualified electronic signature of the person required to make the declaration includes his declaration as also the acknowledgment of the original information. – If necessary, additional changes (change layers) can be included in the consignment note the. d) The requirements under letter c apply accordingly to the management of the transfer slips. e) A register of waste for which no evidence is kept (Article 24 (4) to (7)) includes the information from the forms specified in number 5 of Annex 1 as an aggregation for submission to the competent authority: – Cover sheet of proof of disposal (DEN), – Declaration of responsibility (VE), – Declaration of acceptance (AE), – Accompanying note. f) An application for exemption (§ 7) includes the information from the forms as an aggregation: - Application cover sheet (DAN), - Declaration of acceptance (AE), - Official confirmation (BB). g) The acknowledgment of receipt contains the information required in accordance with § 4 of the Verification Ordinance, in particular the indication of the date of receipt. Machine Translated by Google Federal Law Gazette 2006 Part I No. 48, issued in Bonn on October 26, 2006 2331 Article 2 of July 15, 2006 (Federal Law Gazette I p. 1619). the following paragraphs 4 and 5 are added: modification "(4) Deviating from paragraphs 1 and 2, the the Waste Oil Ordinance Declaration of waste wood also with the help of Praxisbele The Waste Oil Ordinance in the version of the notice of April ments, in particular of delivery and weighing slips, if these 16, 2002 (BGBl. I p. 1368) is like documents are required for the declaration changed as follows: contain the required information. 1. § 4 is changed as follows: (5) If accompanying or acceptance slips are to be kept for the a) Paragraph 5 is amended as follows: disposal of waste wood in accordance with the Verification aa) In sentence 2, the statement "according to § 13 Para. 1 Ordinance, the declaration of the waste wood can or 5 of the Verification Ordinance" by the also in the "Free for comments" field of the accompanying or Statement "according to § 7 paragraph 1 no. 1, 2 or 3 of the acceptance certificate. Paragraph 4 applies accordingly. The Verification Ordinance” replaced. provisions on electronic verification according to the Verification Ordinance apply accordingly.” bb) Sentence 3 is worded as follows: "The confirmation according to § 5 or § 9 paragraph 3 in Connection with § 5 or the exemption after Article 3 § 7 Para. 1 No. 2 as well as the declaration of acceptance according to § 3 para. 3, also in connection with § 7 change of Para. 4 sentence 1 and § 9 para. 3 sentence 2 of the PCB/PCT Waste Regulation Ordinance on the Disposal of Mixed Waste Oils may The PCB/PCT Waste Ordinance of 26 June 2000 only be carried out in compliance with paragraphs 1 (BGBl. I p. 932), amended by Article 3 of the ordinance of April and 2 as well as paragraph 2 sentence 2 16, 2002 (BGBl. I p. 1360), becomes like and paragraph 4." changed as follows: b) In paragraph 6, the words and indications 1. § 4 is changed as follows: "According to § 5 paragraph 2 sentence 1 or in the confirmation a) Paragraph 2 is amended as follows: of the collective disposal certificate according to § 9 Paragraph 2 in conjunction with Section 5 Paragraph 2 Sentence 1 or aa) Sentence 1 is worded as follows: the exemption according to § 13 paragraph 1 sentence 1 of "Insofar as in connection with § 43 or § 44 of the Verification Ordinance” with the words and information Circular Economy and Waste Management Act “according to § 5 Para. 1 Sentence 1 or in the confirmation with Part 2 or Part 3 of the Verification Ordinance of the collective disposal verification Evidence or registers must be kept on the disposal of Section 9 (3) in conjunction with Section 5 (1) sentence 1 PCBs or the exemption according to § 7 Para. 1 No. 2 of the Registers to be kept according to paragraph 1 as well as Verification Ordinance” replaced. Certificates to be issued by the c) the following paragraph 7 is added: Accompanying slips, acceptance slips and registers replaced by the Verification Ordinance "(7) Section 30 of the Evidence Ordinance shall apply will." accordingly." bb) Clause 3 is changed as follows: 2. § 6 is changed as follows: aaa) The indication "§ 8" is replaced by the indication a) Paragraph 4 is amended as follows: "§ 9" replaced. aa) In sentence 1, the words "in field 52 of the bbb) The words “or by simplified Form Declaration Analysis (DA)”. Evidence according to Section 26 of the replaced the words "in the declaration analysis form". Evidence Ordinance” will be deleted. b) Paragraph 3 is amended as follows: bb) In sentence 2, the indication "§ 18" is replaced by the Information "§ 12" replaced. aa) In sentence 1, the word "proof book" b) In paragraph 5, “Section 15” is replaced by “Section 10”. replaced by the word "register". bb) In sentence 2, the word "proof books" c) the following paragraph 6 is added: replaced by the word "register". "(6) For the submission of the supplementary cc) In sentence 3, the word "proof books" declarations for the verification according to paragraph 4 sentence 1 replaced by the word "register". and 2 and paragraph 5 find the provisions of dd) Sentence 3 is worded as follows: Verification ordinance for electronic management “Will the consignment or takeover slips Appropriate application of evidence, including Sections 30 collected separately or stored electronically via the and 31 of the Verification Ordinance.” disposal of PCBs, so Copies of these certificates are to be entered in the registers in accordance with Sections 23, 24 and 25 Artikel 2a of the Verification Ordinance and modification assigned to the disposal records." the Waste Wood Ordinance c) The following sentence is added to paragraph 4: § 11 of the Waste Wood Ordinance of August 15th "Section 30 of the Evidence Ordinance applies accordingly." 2002 (Federal Law Gazette I p. 3302), by Article 9 of the law Machine Translated by Google 2332 Federal Law Gazette 2006 Part I No. 48, issued in Bonn on October 26, 2006 2. § 5 is changed as follows: Article 10 of the law of July 15, 2006 (Federal Law Gazette I p. 1619) a) The paragraph designation "(1)" is deleted. has been changed is worded as follows: b) Paragraph 2 is repealed. "(5) For the documentation of the fulfillment of the requirements according to paragraphs 2 to 4, evidence Article 4 and registers according to the Verification Ordinance and records according to the Ordinance on Specialized Waste Management modification Companies can be used, insofar as they contain the required the Sewage Sludge Ordinance information." Section 7 (10) of the Sewage Sludge Ordinance of April 15, 1992 (Federal Law Gazette I p. 912), which was last amended by § 11 Paragraph 2 of the ordinance of November 26, 2003 (Federal Law Gazette I Artikel 7a p. 2373) is changed as follows: The statement "§ 26" is replaced by the statement "§ 2 Para. 1 modification No. 2 and Section 23 No. 2”. the end-of-life vehicle ordinance Section 4 (5) of the end-of-life vehicle ordinance in the version Article 5 published on June 21, 2002 (Federal Law Gazette I modification p. 2214), which was last amended by the ordinance of 9 February 2006 (Federal Law Gazette I p. 326), will be like the organic waste ordinance summarized as follows: Section 11 (4) of the Biowaste Ordinance of September 21, 1998 (Federal Law Gazette I p. 2955), which was last amended by Section 11 "(5) The transfer of end-of-life vehicles according to the Paragraph 1 of the ordinance of November 26, 2003 (Federal Law Gazette I Paragraphs 1 to 3 is from the according to § 2 paragraph 1 No. 1 of p. 2373) is changed as follows: Proof Ordinance exempts certain proof requirements." The statement "§ 26" is replaced by the statement "§ 2 Para. 1 No. 2 and Section 23 No. 2”. Artikel 7b Article 6 modification change of the landfill ordinance Disposal Ordinance Section 8 (3) of the Landfill Ordinance of July 24, 2002 used halogenated solvents (Federal Law Gazette I p. 2807), last amended by Article 12 of the Section 4 sentence 2 of the Ordinance on the Disposal of Used law of July 15, 2006 (Federal Law Gazette I p. 1619). Halogenated Solvents of 23 October has been changed as follows: 1989 (Federal Law Gazette I p. 1918) is repealed. 1. Sentence 1 is changed as follows: a) The words “particularly in need of surveillance Article 8 waste” are replaced by the words “hazardous Waste” replaced. entry into force, expiration b) After the word "declaration analysis" the Words "according to the provisions of the Verification (1) Subject to paragraph 2, this Ordinance shall enter into force Ordinance" added. on February 1, 2007. At the same time, the c) The words “(Form VE according to the regulations Verification Ordinance in the version published on June 17, 2002 (Federal Law Gazette I p. 2374), changed of the Verification Ordinance)” and the words “(Form DA according to the provisions of the Verification Ver by Article 4 of the Decree of August 15, 2002 (Federal Law Gazette I p. 3302), out of force. regulation)” will be deleted. 2. Sentence 3 is repealed. (2) In Article 1, part 2, section 4, with the exception of Section 18 (1) sentence 2 and Section 25 (2) sentence 1 Article 7 of Article 1 of the Evidence Ordinance on April 1st effective in 2010. Article 1 § 18 paragraph 1 sentence 2 takes effect on the day modification effective after promulgation. the commercial waste ordinance Section 9 (5) of the Commercial Waste Ordinance of (3) In Article 2a, Section 11 (4) shall apply on the day after June 19, 2002 (Federal Law Gazette I p. 1938), which was last amended by Arti proclamation in force. Machine Translated by Google Federal Law Gazette 2006 Part I No. 48, issued in Bonn on October 26, 2006 2333 The Federal Council has agreed. Berlin, October 20, 2006 The Federal Chancellor Dr. Angela Merkel The Federal Minister for the Environment, Nature Conservation and Nuclear Safety Sigmar Gabriel