Befreiung von der Nachweis- und Registerpflegepflicht für Abfallwirtschaftsbeteiligte beantragen

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.

If your company generates, 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 verification documents 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 you a partial or full exemption from the obligation to keep records and registers.

• Reasons why an exemption should be granted in the specific individual case
• Information on the scope of the exemption

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.

• 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.

Before the start of the disposal to which the obligation to provide proof/register relates

Action before the administrative court

• 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: Thuringian State Office for the Environment, Mining and Nature Conservation

Please contact the Thuringian State Office for the Environment, Mining and Nature Conservation - Department 74 | Waste law monitoring.