Gewerbeabfall; Beantragung der Bekanntgabe als Stelle für die Durchführung von Fremdkontrollen

The Bavarian State Office for the Environment (Bayerisches Landesamt für Umwelt) announces the bodies that operators of certain pre-treatment facilities within the meaning of the Commercial Waste Ordinance (GewAbfV) must commission in order to fulfill their obligations to initiate an external inspection to ensure compliance with certain requirements of this ordinance.

The Commercial Waste Ordinance obliges operators of facilities for the pre-treatment of mixed commercial municipal waste and construction and demolition waste that are not certified as specialist waste management companies to have annual external inspections carried out to ensure compliance with the requirements of this ordinance for pre-treatment facilities (Section 6) and self-inspection (Section 10). These plant operators only meet these obligations if they have the external inspections carried out by bodies that have been notified by a competent German authority (in Bavaria: Bavarian State Office for the Environment). The external inspections must be carried out within two months of the end of the year.

In the procedure for the notification of a body, it is checked whether the requirements for notification of the applicant for carrying out the aforementioned external controls are met (see "Requirements" below).

• Certificate of good conduct

  for those natural persons designated by the applicant who intend to carry out the external checks on their own responsibility

• Explanation,

  whether and to what extent the applicant is the owner, authorised representative or employee of companies which also operate pre-treatment plants, whether the applicant owns shares in such companies, whether the applicant has advised such companies in the last 2 years.

• Evidence suitable for proving professional competence,

  which is required for the performance of external inspections to ensure compliance with the requirements of the Commercial Waste Ordinance for the recovery rate and for the documentation of incoming and outgoing deliveries of waste (examination certificates, diplomas, courses and training events attended, previous inspections, references, expert opinions, etc.).

• For applicants from the EU or EEA foreign countries

  equivalent foreign certificates shall also suffice in addition to the above-mentioned certificates of expertise and reliability if these certificates show that the above-mentioned requirements are met or that the requirements of the foreign country are essentially comparable with these requirements. The State Office for the Environment may require the submission of a certified German translation of such foreign certificates.

A body shall only be notified to carry out the aforementioned third-party inspections within the meaning of the Commercial Waste Ordinance if the applicant

• is reliable and has the necessary independence to carry out such external inspections,
• has the necessary expertise to carry out such external inspections and
• has the necessary technical equipment to carry out such external inspections.