Vermittlungsgeschäfte (Handeln und Makeln) Genehmigung

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

Anyone who collects, transports, trades or brokers non-hazardous waste must notify the competent authority once before commencing their activities. Since June 1, 2014, this also applies to so-called commercial enterprises (e.g. craft businesses). The purpose of the notification requirement is to ensure that all companies that carry out one of the aforementioned waste-related activities are registered with the relevant competent authority.

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

The permit can be

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

Exempt from the permit requirement for hazardous waste by law are public waste management authorities and specialist waste management companies. Further exemptions from the permit requirement are possible by ordinance or special law. Such exemptions currently apply to

• Collectors, transporters, dealers and brokers of hazardous waste who operate as part of commercial enterprises,

Collectors and transporters of hazardous waste for recovery that is taken back by the producer or distributor voluntarily or on the basis of a statutory order,

• 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 carriers of hazardous waste who collect or transport waste by sea-going vessels, and
• collectors and carriers of hazardous waste who transport waste as part of parcel, express and courier services.

A fee of €100.00 (or €75.00 if received via www.eAEV-formulare.de) is charged for processing a notification. For EFB or EMAS companies, a fee of €150.00 (or €120.00 if received via www.eAEV-formulare.de) is charged.

Fees of between €300.00 and €1,000.00 are charged for the issue of a permit, depending on the work involved.

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

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

• Business registration
• extract from the commercial register
• for collection/promotion: motor vehicle liability insurance and any other insurance (public liability insurance, environmental liability insurance)
• for trading/brokerage: Public liability insurance and environmental liability insurance
• for collection/transportation: copy of the permit in accordance with the Road Haulage Act and ADR, if applicable
• Company-related information from the central trade register
• Police clearance certificate for management personnel
• Personal information from the central trade register for management personnel
• Proof of specialist knowledge (e.g. specialist knowledge course).

Notification and permission are required before commencing the activity requiring notification or permission.
If a permit is required, the persons responsible for management and supervision must regularly attend appropriate recognized training courses at least every 3 years.

Notification or permit for collecting, transporting, trading and brokering; formerly transport permit

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