Waste Management Company Ordinance
| Basic data | |
|---|---|
| Title: | Ordinance on waste management companies, technical monitoring organizations and waste disposal associations |
| Short title: | Waste Management Company Ordinance |
| Abbreviation: | EfbV |
| Type: | Federal Ordinance |
| Scope: | Federal Republic of Germany |
| Issued on the basis of: | Sections 52, 53 and 57 KrWG |
| Legal matter: | Environmental law , waste law |
| References : | 2129-56-3 |
| Original version from: | September 10, 1996 ( BGBl. I p. 1421 ) |
| Entry into force on: | October 7, 1996 |
| Last revision from: | Art. 1 of December 2, 2016 ( Federal Law Gazette I p. 2770 ) |
| Entry into force of the new version on: |
predominantly June 1, 2017 (Art. 10 of December 2, 2016) |
| Last change by: |
Art. 2 G of 5 July 2017 ( Federal Law Gazette I p. 2234, 2260 ) |
| Effective date of the last change: |
January 1, 2019 (Art. 3 G of July 5, 2017) |
| GESTA : | N022 |
| Weblink: | Text of the regulation |
| Please note the note on the applicable legal version. | |
The Entsorgungsfachbetriebeverordnung regulates the requirements for companies and public institutions, which as a waste management company waste collect, transport, store, treat, reuse, recycle, or trade waste and brokering. The specified requirements regarding the organization, equipment, specialist knowledge and reliability of the business owner, management personnel and other personnel lead to a high level of quality when met.
This regulation serves to implement Council Directive 75/442 / EEC of July 15, 1975 on waste (OJ EC No. L 194 p. 47) in the form of Council Directive 91/156 / EEC of March 18, 1991 amending the Council (OJ EC No. L 78 p. 32) as amended.
On the basis of Section 52 (2) of the Recycling and Waste Management Act of September 27, 1994 ( Federal Law Gazette I p. 2705 ), the Federal Government, after hearing the parties involved, issued the Ordinance on Specialist Waste Management Companies. The Federal Council has approved.
Content of the regulation
The Waste Management Company Ordinance regulates the requirements for waste management companies that can be monitored by a technical monitoring organization and that carry the monitoring mark of a recognized waste management association .
It also regulates the monitoring and certification of waste management companies on the basis of a monitoring contract concluded with a technical monitoring organization. For the monitoring and certification of waste management companies by waste disposal associations, the guideline for the activity and recognition of waste disposal associations applies.
In § 2 EfbV, the most important terms used are legally defined ( business owner , responsible person and other personnel ). The previous definition of the term waste management company in the old version has been in Section 56 (2) of the KrWG since 2012 .
In the following sections, the ordinance sets requirements for companies, their people and for monitoring and certification:
- Requirements for the organization, equipment and activities of a waste management company ( §§ 3 to 7 )
- Requirements for the owner and the persons employed in the waste management company ( §§ 8 to 10 )
- Conclusion of a monitoring contract with a technical monitoring organization ( §§ 11 and 12 )
- Membership in a waste management community ( §§ 13 to 16 )
- Requirements for experts and control of the experts ( §§ 17 to 21 )
- Monitoring requirements ( Sections 22 and 23 )
- Scope of certification and design of the certificate ( §§ 24 and 25 )
- Other common provisions ( sections 26 to 31 )
history
With the Ordinance on Waste Management Companies, which was introduced in October 1996, companies and public institutions that are active in the collection, transport, recycling, treatment and disposal of waste or that deal or broker with waste have the opportunity to have their activities certified with the help of a quality seal. The aim is to increase the quality level of the companies and at the same time to eliminate the "black sheep" in the circular economy.
With the recognition on the basis of the Recycling and Waste Act as the first nationwide waste disposal association (bvse-Entsorgergemeinschaft eV), the certification of the first waste management companies was carried out in April 1997.
The legislator has allowed self-regulation by the economy through certification as a waste management company.
With the new version of December 2, 2016, the EfbV was further developed. In particular, the new version will tighten the procedure for monitoring by a technical monitoring organization or by a waste disposal association. The new version came into force on June 1, 2017.
Footnotes
- ↑ innovations report: The waste management company - seal of approval or clean bill of health?
- ↑ http://www.bvse-entsorgergemeinschaft.de
Web links
- Text of the waste disposal company regulation
- Text of the Waste Management Company Ordinance 1996 , was valid until June 2017
