Abfallmakler/in, Genehmigung

Anyone who wants to collect, transport, trade and make waste either needs a permit or, in the case of non-hazardous waste, must report this.

Any person who collects, transports, trades or manufactures non-hazardous waste must notify the competent authority once of his activity before taking it up. Since 1 June 2014, this has also applied to so-called economic enterprises (e.g. craft businesses). The purpose of the notification obligation is to ensure that all undertakings carrying out one of the above-mentioned waste-related activities are registered with the relevant competent authority.

Anyone who collects, transports, trades or manufactures hazardous waste generally requires a permit. Anyone who already has a waste transport permit or brokerage permit under previous waste law can continue to use it as long as the permit is still valid and no significant changes have occurred. Otherwise, permission is required.

Permission may:

• nationwide or for one or more federal states,
• indefinitely or for a specified period,
• for all types of waste declared hazardous or selected types of waste in accordance with the Waste List Ordinance (AVV).

By law, public waste disposal authorities and specialist waste disposal companies are exempt from the permit requirement for hazardous waste. Further exceptions to the permit requirement are possible by ordinance or by special law. Such exemptions currently apply to:

• collectors, transporters, dealers and brokers of hazardous waste operating within the framework of economic undertakings;

collectors and transporters of hazardous waste for recovery which are taken back voluntarily or pursuant to a statutory regulation by the producer or distributor;

• collectors and transporters of hazardous end-of-life vehicles,
• collectors, transporters, dealers and brokers of hazardous waste batteries,
• collectors, transporters, dealers and brokers of hazardous waste electrical and electronic equipment,
• collectors and transporters of hazardous waste who collect or transport waste by seagoing vessels, and
• Collectors and carriers of hazardous waste transporting waste as part of parcel, express and courier services.

A fee of 100.00 euros (or 75.00 euros if received via www.eAEV-formulare.de) will be charged for processing an advertisement. For EFB or EMAS companies, 150.00 euros (or 120.00 euros for receipt via www.eAEV-formulare.de) are charged.

Depending on the effort, fees between 300.00 euros and 1,000.00 euros are charged for the granting of a permit.

The appropriate form must be used for the notification (see below). In addition, a copy of the business registration (possibly also a copy of a valid itinerant trade card) or alternatively an excerpt from the commercial register must be submitted with the notification.

The application for authorisation must be made in writing using the form provided for this purpose (see below). The following documents must be submitted:

• Business registration
• Excerpt from the commercial register
• for collection/transport: motor vehicle liability insurance and, if applicable, other insurance (business liability insurance, environmental liability insurance)
• in the case of trading/acting: business liability insurance and environmental liability insurance
• for collection/transport: copy of the permit according to the Road Haulage Act and, if applicable, ADR
• Company-related information from the Central Trade Register
• Police clearance certificate for management staff
• Personal information from the Central Trade Register for management staff
• Certificate of expertise (e.g. specialist training course).

Notification and permission are required before the activity requiring notification or authorisation is commenced.
In the case of a permit requirement, the persons responsible for management and supervision must attend appropriate recognised courses regularly, at least every 3 years.

Notification or permission for collecting, transporting, trading and making; former transport permit

• Form name: Form notification according to § 53 KrWG and Form application permission according to § 54 KrWG
• Online procedure possible: yes
• Written form required: yes
• Personal appearance required: no