Befreiung von der Nachweis- und Registerpflegepflicht für Abfallwirtschaftsbeteiligte beantragen

§ Section 26 Ordinance on Waste Disposal Records (Ordinance on Waste Disposal Records - NachwV)

If you dispose of waste or are involved in disposal processes for which you must keep proper records and a register, you can apply to the competent authority for exemption from this obligation to keep records and/or registers.

The verification and register obligations under the Closed Substance Cycle Waste Management Act (KrWG) are aimed at documenting and monitoring the proper disposal of waste.

If your company produces, collects, transports or disposes of hazardous waste, you are obliged to keep records. Companies that generate hazardous waste and the companies involved in its disposal use the records and registers to prove proper disposal both to each other and to the competent authorities.

Companies that broker or trade in hazardous waste are also subject to the register obligation.

If the waste disposal is not likely to be detrimental to the public interest, the competent authority may grant an exemption from the obligation to keep records and registers in part or in full.

Reasons why an exemption should be granted in the specific individual case.

Whether an exemption from verification and registration obligations can be granted is a discretionary decision by the competent authority.

In principle, an exemption is only possible if there is no risk of harm to the public good despite the exemption. In this context, the authority must take into account that there is a particularly pronounced public interest in standardized and therefore exemption-free verification and register management.

Cost amount (variable): from 50 up to 5,000

• You submit the application for exemption to the competent authority together with all the information required to assess the facts of the case.
• The authority will process your application and decide whether an exemption can be considered.
• You will be notified of the authority's decision.

Processing usually takes 2 to 4 weeks.

Note (for further information on the deadline): Before the start of the disposal to which the obligation to provide evidence/register relates.

Website of the Joint Waste DP Systems Working Group (LAG GADSYS)

No special features to consider

Contradiction

- Verification and register maintenance obligation Exemption

• Waste-generating, waste-regulating and waste-collecting and waste-disposing companies of hazardous waste are obliged to provide evidence of proper disposal by keeping records.
• In addition, these companies and waste brokers and dealers must document the disposal processes in which they were involved in a register.
• If all requirements are met at the time of application, the authority may exempt the applicant from this obligation to provide evidence and keep records in whole or in part. The authority reserves the right of revocation.

- Responsible: State Office for Environmental Protection and Occupational Safety (LUA)

Forms available: No

Written form required: No

Informal application possible: Yes

Personal appearance necessary: No