Electronic waste record procedure

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According to the German Ordinance on Evidence (Ordinance on Evidence Management for Waste Disposal ) , the electronic waste verification procedure (eANV) has been the compulsory procedure for the verification of waste for waste that requires evidence, i.e. generally hazardous waste, since April 1, 2010 . The electronic verification procedure includes all documents for verification and whereabouts control, in the narrower sense the electronic disposal certificate and the electronic accompanying note and, in the broader sense, the electronic register management.

The electronic proof of disposal

The disposal certificate proves the admissibility of the intended disposal of waste subject to verification in a waste disposal facility . In the past, this was done using carbonless forms. The resulting archiving and paperwork was enormous, considering the length of the legal retention periods for the documents.

Since April 1, 2010, proof of disposal has to be in electronic form (online proof of disposal). The waste producers, waste carriers and waste disposal companies who are obliged to keep the evidence, as well as the responsible authorities, transmit the information required for the verification as structured messages using standardized interfaces. The previous manual signature is replaced by the qualified electronic signature in the electronic process .

The electronic consignment note

Evidence of the disposal of hazardous waste has been carried out since April 1, 2010 with the help of the electronic accompanying notes (online accompanying notes). The waste producers, waste carriers and waste disposal companies who are obliged to keep the evidence, as well as the responsible authorities, transmit the information required for the verification as structured messages using standardized interfaces.

The waste carrier must ensure that the information from the accompanying document, including the company name and address of the waste disposal company, is carried during the transport process and can be presented at any time to the person authorized to monitor and control in accordance with the provisions. The obligation is also fulfilled if the waste carrier provides the required information by means of the evidence to be kept electronically. In practice, it has become customary for the carrier to carry a paper copy (so-called "black and white copy") instead .

Electronic registry management

The waste disposers, waste collectors, waste transporters and waste producers who are obliged to set up and maintain the registers have to keep the documents or information to be entered in the register for three years from the date of their entry in the register. However, this retention period can also be significantly extended due to other requirements.

The registers of waste requiring proof have been kept electronically since April 1, 2010, insofar as electronic proof is required for the proofs to be entered in the registers (online register management) or is ordered by the relevant authority. The registers on non-hazardous waste may also be kept electronically. In practice this is often used to avoid keeping two different registers. If the registers are kept electronically, the documents or information must be stored permanently and in an orderly manner.

The electronic signature

Since February 1, 2011, the use of the qualified electronic signature instead of the written signature for hazardous waste has also been mandatory for everyone. The electronic waste record procedure has now been introduced in its final form. Up to this point in time, the signatures on the accompanying document as the producer and carrier and the signature as the producer on an individual record could still be provided manually as an alternative (Section 31 (3) Evidence Ordinance in conjunction with Section 19 (1)). Conversely, disposal companies have been obliged to sign electronically since the regular introduction of electronic records at the latest, i.e. since April 1, 2010.

In the case of electronic registration of waste subject to verification, a registration with the ZKS-Abfall is required, which actually requires a qualified electronic signature. In addition, every waste producer must register for his role in the verification process.

A signature card from an accredited service provider is required for the electronic signature (see Qualified electronic signature ).

Advantages and requirements

The electronic waste record procedure offers the companies involved some advantages if it runs smoothly. Particular mention should be made of the increasing data quality and the acceleration of communication between those involved. T. considerable savings in time and costs.

The prerequisites for the smooth use of the process are to be created by the waste disposers, waste collectors, waste carriers and waste producers. The time required for such a new introduction should not be underestimated. Not only must the necessary hardware and software, including signature equipment, be purchased and set up (with delivery times and, for example, the duration of the Postident process when purchasing the signature cards), employees must also be trained in how to use the system. In particular with regard to the electronic signature, adjustments to the operational processes and organization may have to be made.

Procedure for the introduction of the electronic verification procedure

There are basically four system alternatives to choose from for the user of the electronic waste record procedure:

  • Provider solutions, mostly with the option of connecting existing, user-specific software
  • In-house solutions for your own independent data and register management
  • Programming of own solutions
  • The Internet portal of ZKS-Abfall (Länder-eANV) without integrated register management and without the possibility of integrating your own software (primarily practicable for infrequent users)

The time frame available for the changeover, the number of verification processes, the costs or savings associated with the acquisition, verification of the practicability of the system, the data security of the registry and the future security of the system serve as the basis for choosing between the alternative systems With regard to changing requirements.

The following procedure is useful when introducing the system:

  • Review and adjustment of the previous, established process flow
  • Definition and documentation of the group of people authorized to sign
  • Technical testing of the newly introduced system solution
  • Training of employees
  • Informing business partners

To ensure stable communication between people involved in the eANV, a modified test environment (MTU) is made available for the electronic waste record procedure. The individual software manufacturers can test their product there when it is launched on the market or with updates and publish a self-declaration in which the successful test with the MTU test authority is documented according to a checklist of test cases from IKA / ZKS-Abfall.

Procedure in the event of malfunctions in the electronic communication system

If electronic verification is not possible without restrictions, the necessary evidence must be provided in paper form using the forms or by means of a receipt in place of the accompanying note (Section 22 of the Verification Ordinance). The receipt in the electronic waste verification procedure corresponds in form and content to the consignment note, but only one copy is used. Once the waste has been shipped, the receipt remains in the waste disposal company's register for storage for three years. No later than 10 calendar days after the malfunction of the communication system has been rectified, the parties required to provide evidence must again electronically transmit the information provided by means of forms or receipts. In practice, it is recommended to prepare receipts in advance, which can be used immediately in the event of malfunctions in the electronic system. The receipt used should bear the note "Electronic communication system disturbed" and contain all the information required for subsequent electronic transmission: if possible, also the carrier's license plate number and the 14-digit number of the electronic accompanying document.

The person required to provide evidence who detects the disruption must immediately notify those involved in the verification procedure and the competent authorities if the disruption cannot be remedied within a reasonable period of time. If the ZKS-Abfall (the communication system of the 16 federal states or the federal government) is not available or is only available to a limited extent, the producer, carrier or disposal company is nevertheless obliged to notify the authority of the malfunction. The same applies if only individual persons required to provide evidence discover a malfunction. So the producer informs his carrier and his authority that his communication system is disturbed and therefore the receipt is used.

Experience from practice and the current status of the systems

Some companies already had several years of experience with the electronic procedure before the legally binding system introduction. In practice, so-called portal systems have established themselves in the market, which enable simple and uncomplicated connection of waste disposal companies, waste collectors, waste transporters and the numerous waste producers via the Internet. The use of systems, the input masks of which represent the usual forms of the carbon copy accompanying application, are most popular with users due to their practical appearance.

With regard to the implementation in the individual federal states, there were at times clear differences. Brandenburg achieved an early implementation of over 80%. Especially in the introductory phase there were T. considerable restrictions in general operation. Some were of a technical nature and the respective implementation status at the providers or capacity bottlenecks at ZKS-Abfall, the users were inexperienced in operation and process flow and many companies had either simply forgotten to introduce electronic records or were not able to implement the necessary measures on time finished. After overcoming interim capacity bottlenecks in the transmission via ZKS and country eANV (see web link ZKS waste current disruptions), disruptions only occur regionally.

In addition to smaller providers that have disappeared from the market over time, the "eBegleitschein" system, which is particularly widespread in Bavaria and Baden-Württemberg, was discontinued at the end of 2011 as a large eANV provider, whose users had to switch to other providers accordingly.

In October 2010, the Information Coordinating Office for Waste Data Processing Systems (IKA) brought the first usage regulations for communication with the ZKS to the attention of those obliged to provide evidence and register, from which certain warranty obligations are also derived for the providers of eANV solutions.

Overall, the eANV has started successfully and will probably prevail.

Use of the electronic waste record procedure for non-hazardous waste

Since disposal processes for hazardous and non-hazardous waste occur side by side in practice for many users, these companies strive to use a common system for both types of waste. In the meantime, taking into account simple requirements - the use of the appropriate disposal certificate number - it is possible to electronically process processes that do not require disposal certificates. The following disposal certificate number must be used for this: "EN" + "Letter for country experts Location of the disposal facility" + "- (minus sign)" + "Individual three-digit abbreviation for the disposal facility" + "Any five-digit sequence that is unique for the disposal facility". It is no longer possible to use disposal certificate numbers that begin with "VN" or "VS". According to the above Systematics created "disposal contracts" (instead of "evidence"!) And the associated accompanying notes or transfer notes can also be mapped, electronically signed and communicated to other parties via the BMU interface of the ZKS, i. H. like their counterparts for hazardous waste, without involving the relevant authority. A separate register can also be kept for this waste or associated processes.

Mobile eANV solutions

In particular with carriers, collectors and on construction sites is already due to z. The use of the eANV with electronic signature on site is a challenge when online connections do not exist. In response to this technical challenge, providers of eANV solutions developed mobile solutions based on devices installed in trucks or mobile devices.

Electronic notification procedure under review

As part of a pilot project, the Agency of the Netherlands and the Lower Saxony Society for Hazardous Waste (NGS) are examining the electronic procedure for the notification of waste based on the ZEDAL eTFS system.

Individual evidence

  1. ↑ Hans Jörg Knäpple: The new proof regulation. Garbage and waste 39 (1), pp. 25-28 (2007), ISSN  0027-2957
  2. ↑ Ulrich Klein: Reform of the waste control supervision. Garbage and waste 39 (5), pp. 240 - 244 (2007), ISSN  0027-2957
  3. ↑ Uwe Kerrines, Electronic Signature Makes Evidence in Waste Management Legally Valid - eGovernment for the Material Cycle, eGovernment Computing, September 10, 2009 ( online )
  4. ↑ Annette Floren: With electronic handwriting Entsorga 28 (3), pp. 28–29 (2009) ( online )
  5. ↑ Rainer Hans Electronic verification under the new legal situation SBB Forum IV, 2006 ( PDF ( Memento from March 4, 2016 in the Internet Archive ))
  6. ↑ Manfred Wieduwilt, Rainer Hans, Peter Gröschen, Kai Werry Online waste accompanying note with digital signature (Wasser und Abfall 7–8, 2002, p. 54 ff.)
  7. ↑ Gröschen, Peter Electronic evidence in the chemical industry. ( UmweltMagazin 1, 2007, pp. 46–47)
  8. ↑ Electronic verification procedure Brandenburg ( online  ( page no longer available , search in web archives )  Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice. )@1@ 2Template: Toter Link / www.mugv.brandenburg.de  
  9. ↑ Usage regulations - Central Coordination Office of the Länder (ZKS-Abfall). Retrieved June 5, 2018 .
  10. ↑ Stephan Pawlytsch and Sylvia Zimack: Hundert Tage eANV (UmweltMagazin July - August 2010, pp. 39 - 42)
  11. ↑ Klaus-Dieter Koß and Sascha Hofmann: One year electronic verification procedure (Müll und Abfall 9, 2011, pp. 420 - 423)
  12. ↑ Andreas Matthes, BamimConsult, electronic waste record management, IHK Ostbrandenburg, January 26, 2011 ( page no longer available , search in web archives: PDF )@1@ 2Template: Toter Link / www.ihk-ostbrandenburg.de
  13. ↑ GADSYS Information Paper No. 9 of March 24, 2010 ( PDF ( Memento of December 2, 2013 in the Internet Archive ))
  14. ↑ Thomas Stuhlfauth and Peter Gröschen, Perspektiven for the electronic waste record procedure, Umweltmagazin 1/2 2013, pp. 30–31 ( archive link ( Memento from December 21, 2015 in the Internet Archive ); PDF; 738 kB)
  15. ↑ NGS press release on the electronic notification procedure [1] (PDF; 15 kB)

Web links