Waste law (Germany)
The waste legislation is all the legal norms , the treatment, transport and disposal of and the other dealing with waste control. Waste law is a branch of environmental law .
Waste law in Germany is primarily regulated at the federal level by the Recycling Management Act (KrWG). The law is supplemented and completed by a large number of laws and ordinances . For example, the Packaging Act for manufacturers of transport, outer and sales packaging specifies the product responsibility laid down in the Recycling Act for manufacturers and distributors of products. The Verification Ordinance regulates the details of the verification of the whereabouts of waste that requires monitoring. In addition to federal waste law, there is also the waste law of the federal states, which supplements the federal provisions. In addition, waste law is strongly influenced by European law, which either indirectly determines the appearance of German law (e.g. through the Waste Framework Directive ) or sets directly binding law (e.g. through the Waste Shipment Ordinance ).
Certain substances, the treatment and whereabouts of which are instead regulated by special regulations, are excluded from the scope of the Recycling Management Act - and thus from the scope of German waste law as a whole. This applies, for example, to animal carcasses, animal carcass parts and animal products (the Animal Carcass Disposal Act applies here ), nuclear fuels and radioactive substances (they are subject to nuclear law ) or wastewater (wastewater is subject to federal or state water law ).
Overview of waste law of the Federal Republic of Germany
| abbreviation | content |
|---|---|
| KrWG | Circular Economy Act ; Law to promote the circular economy and ensure environmentally friendly waste management. The law of September 27, 1994 was amended several times, most recently on July 20, 2017. |
| AVV | List of Waste Ordinance : Ordinance on the European list of waste; Designation of waste and classification of waste according to its hazardousness |
| NachwV | Evidence Ordinance: Ordinance on the provision of evidence for the disposal of waste (Evidence Ordinance); Maintaining evidence and keeping records; electronic waste record procedure ( eANV ) |
| EMASPrivilegV | EMAS Privilege Ordinance : Ordinance on immission control and waste control facilitation for sites and organizations registered according to Regulation (EC) No. 1221/2009; Relief with regard to the order for the appointment of company representatives, annual reports and notification requirements |
|
AbfBeauftrV AbfBetrBV |
Waste Management Ordinance ; Obligation of plant operators to appoint an operating officer for waste ( BGBl. 2016 I p. 2770, 2789 ) |
| EfbV | Waste Management Companies Ordinance: Ordinance on waste management companies; Definition, requirements for waste management companies, monitoring and certification of waste management companies ( Federal Law Gazette 2016 I p. 2770 ) |
| EgRL | Disposal Community Guideline: Guideline for the activity and recognition of waste disposal associations; Definition, requirements for disposal associations, monitoring and certification of disposal associations, expired from June 1, 2017 ( BGBl. 2016 I pp. 2770, 2795 ) |
| TgV | Transport permit ordinance: Ordinance on transport permit (transport permit ordinance); Approval for commercial transport of hazardous waste |
| DepV | Landfill Ordinance : Ordinance on landfills and long-term storage; Construction, operation, closure and aftercare of landfills and long-term storage facilities, treatment of waste for disposal in landfills, production of landfill replacement building materials, disposal of waste in landfills |
| ExtractionAbfV | Extraction Waste Ordinance: Ordinance implementing Directive 2006/21 / EC of the European Parliament and of the Council of March 15, 2006 on the management of waste from the extractive industry and amending Directive 2004/35 / EC; Construction, operation, decommissioning and aftercare for disposal facilities for extraction waste, storage, deposit and recycling of extraction waste |
| OffsetV | Versatzverordnung : Ordinance on the displacement of waste underground; Recycling of waste as backfill material underground |
| Packaging Act | Packaging Act: Act on the placing on the market, taking back and high-quality recycling of packaging |
| VO (EG) 850/2004 | Regulation (EC) No. 850/2004 of the European Parliament and of the Council of April 29, 2004 on persistent organic pollutants and amending Directive 79/117 / EEC; Avoidance, disposal and recovery and waste with persistent organic pollutants |
| HKWAbfV | Ordinance on the disposal of used halogenated solvents ; Definition, prohibition of mixing, obligation to take back and labeling |
| ChemOzonSchichtV | Chemicals Ozone Layer Ordinance: Ordinance on substances that damage the ozone layer; Further regulations in addition to Regulation (EC) No. 2037/2000 |
| ChemKlimaSchutzV | Chemicals Climate Protection Ordinance: Ordinance to protect the climate against changes caused by the input of certain fluorinated greenhouse gases; Further regulations in addition to Regulation (EU) No. 842/2006 |
| AltölV | Waste oil regulation ; Regulations for material and energy recovery and the disposal of used oil |
| End-of-life vehicleV | End-of-life vehicle ordinance: Ordinance on the release, return and environmentally friendly disposal of end-of-life vehicles |
| PCBAbfallV | PCB / PCT Waste Ordinance: Ordinance on the disposal of polychlorinated biphenyls, polychlorinated terphenyls and halogenated monomethyldopheylmethanes |
| GewAbfV | Commercial waste ordinance: Ordinance on the disposal of commercial municipal waste and of certain construction and demolition waste |
| AltholzV | Waste Wood Ordinance : Ordinance on requirements for the recovery and disposal of waste wood; Allocation to waste wood categories |
| ElektroG | Electrical and Electronic Equipment Act: Act on the placing on the market, return and environmentally friendly disposal of electrical and electronic equipment; collection, return, treatment and recycling obligations |
| BattG | Battery Act: Act on the placing on the market, taking back and environmentally friendly disposal of batteries and accumulators |
| AbfKlärV | Sewage Sludge Ordinance ; Regulations for the application of sewage sludge on soils used for agriculture or horticulture |
| BioAbfV | Biowaste Ordinance : Ordinance on the recycling of biowaste on soils used for agriculture, forestry and horticulture; Treatment requirements and rules for application |
| VO (EG) 1013/2006 | Regulation (EC) No. 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste; Regulations on cross-border shipments of waste, notification |
| AbfVerbrG | Waste Shipment Act: Act implementing Regulation (EC) No. 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste and the Basel Convention of 22 March 1989 on the control of transboundary shipments of hazardous waste and their Disposal; Self-sufficiency principle and obligations of those involved |
| AbfVerbrGebV | Waste Shipment Fee Ordinance: Ordinance on the collection of fees for shipments of waste through the Federal Republic of Germany that require notification |
| AbfVerbrBußV | Waste Shipment Fines Ordinance: Ordinance on the enforcement of provisions in legal acts of the European Community on the shipment of waste |
| BrennVO | Ordinance on the disposal of vegetable waste by incineration outside of waste disposal facilities |
In addition to the federal German waste law, further European regulations, state regulations of the federal states and the statute law of the municipalities as well as environmental criminal law in the German criminal code apply .
See also: Waste , Law , Jurisprudence , Index Law , Federal German Law
further reading
- Jürgen Fluck : Recycling, waste and soil protection law, KrW- / AbfG, AbfVerbrG, EG-AbfVerbrVO, BBodSchG, commentary, collection of regulations , status: 67th act. 2006, CFMüller Verlag, Heidelberg, ISBN 3-8114-7900-8
- Joachim Hagmann: Current developments in waste law . In: The environmental officer. Year 2004, issue 11, p. 22 ff.
- V. Lersner / Wendenburg / Versteyl (Eds.), Waste Disposal Law - The Waste Management Law of the Federation, the States and the European Union, Commentary, Erich Schmidt Verlag, Berlin, 2007, ISBN 978-3-503-00828-5
