Nachweis- und Registerpflegepflicht Befreiung
Inhalt
<div lang="en-x-mtfrom-de">Obligation to provide proof and register maintenance exemption</div>
<div lang="en-x-mtfrom-de">Apply for exemption from the obligation to provide proof and register maintenance for those involved in waste management</div>
Begriffe im Kontext
<div lang="en-x-mtfrom-de">Hazardous waste</div> (Synonym)
Fachlich freigegeben am
16.10.2023
Fachlich freigegeben durch
nicht vorhanden
If you dispose of waste or are involved in disposal processes for which you have to keep evidence and a register, you can apply to the responsible authority for an exemption from this obligation to provide evidence or register.
The proof requirements and registration obligations under the Circular Economy Act (KrWG) aim to document and monitor the proper disposal of waste. With the verification documents and the registers, the companies that generate hazardous waste, as well as the companies involved in the disposal of the waste, demonstrate proper disposal both to each other and to the responsible authorities.
If your company generates, collects, transports or disposes of hazardous waste, you are required to provide evidence. If your company trades or deals in hazardous waste, you must keep a register.
If there is no fear that waste disposal will harm the public welfare, the responsible authority can grant you an exemption from the obligation to provide evidence and keep records. The exemption can be granted to you in whole or in part.
If your company generates, collects, transports or disposes of hazardous waste, you are required to provide evidence. If your company trades or deals in hazardous waste, you must keep a register.
If there is no fear that waste disposal will harm the public welfare, the responsible authority can grant you an exemption from the obligation to provide evidence and keep records. The exemption can be granted to you in whole or in part.
Application and detailed justification as to why an exemption should be granted in the specific individual case.
You can only receive the exemption if, despite the exemption, there is no fear of an impairment of the public welfare. In this context, the authority also takes into account that there is a particularly strong public interest in keeping records and registers as standardized as possible and therefore free of exceptions.
- You submit the application for exemption to the responsible authority, including all the information necessary to assess the facts.
- The authority will process your application and decide whether an exemption can be considered.
- You will be informed of the authority's decision.
No. However, you need the exemption
- before you begin the disposal to which the proof or registration obligation relates
- before you stop keeping the records or registers.
Whether an exemption from proof and registration requirements can be granted is a discretionary decision by the responsible authority.
- Obligation to provide proof and register maintenance exemption
- Companies that generate, transport, collect or collectively dispose of hazardous waste are obliged to:
- Prove proper disposal by providing evidence
- to document the disposal processes in which they were involved in a register.
- Waste brokers and dealers must document the disposal processes in which they were involved in a register.
- If all requirements are met, the responsible authority can exempt you from this obligation to provide proof and register in whole or in part.
- The authority reserves the right to revoke the exemption.