Waste Evidence Ordinance

The Waste Detection Ordinance is an Austrian ordinance from 2003. It was enacted by the Federal Minister of Agriculture and Forestry on the basis of Section 23 Paragraph 3 of the Waste Management Act 2002 and published in BGBl II No. 618/2003.

Waste Evidence Ordinance 2003

Non-hazardous waste / general record keeping

Every waste owner has to keep records of the type, quantity, origin and whereabouts of waste, separately for each calendar year. The records can be kept both physically and electronically. There are special provisions for landfills. For example, according to the Landfill Ordinance, the respective installation location of the batch must be recorded and lists of reserve samples (including analysis data) and rejected batches must be kept.

In the records, not only the waste designation but also the waste code or waste code number including any specifications must be given. This should enable the records to be clearly assigned to specific waste fractions.

There are simplifications for first-time producers of waste - i.e. those legal or natural persons who generate waste for the first time - who generate municipal waste that is subsequently disposed of via municipal rail (or for which there is a verifiable disposal contract).

Waste producers who generate at least 200 liters of waste oil per year or other hazardous waste on a recurring basis must notify the governor of the company's headquarters of this fact. The governor used to issue a so-called first producer number. Waste producers should now register themselves in a digital file kept by the Umweltbundesamt GmbH on behalf of the Federal Ministry for Agriculture, Forestry, Environment and Water Management ( ERAS with EDM system ). Waste collectors and handlers (professional approval according to §§ 24 and 25 Waste Management Act 2002 ) or plant operators (see §§ 37, 52 and 54 AWG 2002) are required to register themselves.

After the two-stage registration, the waste producer is assigned a 13-digit number. This number is basically based on the EAN system and is not "self-explanatory" like the old numbering system. Based on the number, it can only be determined that the collector, handler or first producer is based in Austria. The respective category or the federal state of origin, however, can no longer be read from the number.

There are special provisions for in-house treatment, transport between different locations of the same plant (plant traffic) and (official) immediate measures (e.g. soil contaminated with mineral oil in the event of a tanker accident).

Hazardous waste

Until the Waste Evidence Ordinance 2003 came into full force, hazardous waste “accompanied” during domestic shipments (for example, transport from the place of occurrence to the disposal company) was accompanied by an approximately DIN A 5 bundle of accompanying documents that worked in the carbonless system. These consignment note forms (bundles) were numbered consecutively and there was only one number in Austria. Based on the number, the flow of materials could be traced immediately in the electronic consignment note system without further input.

The accompanying documents must not be confused with "notes" or "accompanying documents" according to the regulations on the transport of hazardous substances (e.g. ADR agreement). In the case of joint or extra-community transport, the provisions of the EC Shipment Ordinance must also be applied and either the information specified in Art 11 must be included in writing ( e.g. extended delivery note) or the - according to the respective, complicated regulations and officially in one or in both states released - notification form accompanying the cargo.

Current accompanying note system

Accompanying note sample

Since April 1, 2004, the copying procedure has been omitted in the accompanying document system. Since then, an accompanying note form according to Annex 2 of the ordinance has to be used. A transport document that differs from the pre-printed form can be used as an accompanying note if it is ensured that the recipient electronically reports the accompanying note data to the governor.

Every waste owner must now fill out the A4 form himself and print it out in four copies. It is important that the numbering starts anew for every waste owner (for example the waste producer) for each calendar year. The accompanying note number may only be used once according to Section 5 (3) of the Waste Evidence Ordinance, but this only applies to the respective exhibitor. However, throughout Austria there are, for example, ten thousand accompanying notes with the number 1/2006! This is an essential difference to the old system. However, the rest of the handling is practically identical to the old system.

Since the accompanying document system is relatively complicated and unwieldy for those who are not permanently employed with it, it is customary in the industry for the recipient, provided it is an approved waste disposal company, to fill out the accompanying document and present it to the transferor for signature. Of course, this service does not change the legal responsibility of the transferor with regard to the information provided. To make things easier, it was introduced that the acceptor can now assign a number to the consignment note if the transferor has not already done so. This is a great relief, especially in the low-threshold disposal area (e.g. small practices, small businesses, medium-sized businesses without ongoing accumulation of hazardous waste).

procedure

A separate accompanying note must be completed for each type of waste. As before, the accompanying note consists of four copies. The reason for this is the further procedure with the individual sheets:

A fully completed original must (ultimately) be sent to the governor and is used for entry in the EDM portal of the BMLFUW. The original transferor will (ultimately) receive another, fully completed form for his own proof of obligation (No. 3). Both transfers are made by the transferee!

Copy no. 1, in which (theoretically) only the categories of waste type, handover and transporter are entered, remains with the handover and serves as evidence as long as copy no. 3 has not yet reached him. Copy No. 2 remains with the transferee and serves as evidence. The transporter does not receive an accompanying document, but has to carry the original with him during transport. If, in individual cases, several transporters appear, the information in the Comments field must be made.

Waste Evidence Ordinance

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