Evidence Ordinance
| Basic data | |
|---|---|
| Title: | Ordinance on the verification of the disposal of waste |
| Short title: | Evidence Ordinance |
| Previous title: | Ordinance on recovery and disposal certificates |
| Abbreviation: | NachwV |
| Type: | Federal Ordinance |
| Scope: | Federal Republic of Germany |
| Legal matter: | Administrative law , environmental law |
| References : | 2129-27-2-21 |
| Original version from: | September 10, 1996 ( BGBl. I p. 1382 , ber.BGBl . 1997 I p. 2860 ) |
| Entry into force on: | October 7, 1996 |
| New announcement from: | June 17, 2002 ( BGBl. I p. 2374 ) |
| Last revision from: | October 20, 2006 ( BGBl. I p. 2298 ) |
| Entry into force of the new version on: |
February 1, 2007 |
| Last change by: |
Art. 121 VO of June 19, 2020 ( Federal Law Gazette I p. 1328, 1342 ) |
| Effective date of the last change: |
June 27, 2020 (Art. 361 of June 19, 2020) |
| Please note the note on the applicable legal version. | |
The German Verification Ordinance is an implementation provision of the Recycling Management Act (KrWG) for the documentation of waste management, which is subject to the surveillance of the police authorities. To this end, they are given additional control instruments, in that the ordinance strictly formally regulates which documents are required first for waste that is intended and then intended to document disposal , and who has to keep a register for this purpose. At the same time, this serves to fulfill the obligation of all parties involved to demonstrate proper disposal to one another . It covers hazardous waste ; In individual cases, the supervisory authority can also subject waste that is not to be assessed as (particularly) dangerous in the sense of the European waste catalog to this verification system.
The ordinance is aimed at waste producers, collectors, transporters and disposers or recyclers as well as waste dealers and brokers, but not at private households and largely not at producers of small quantities (here: up to 2 t of hazardous waste per year, one acceptance certificate is sufficient ) .
It requires verification
- before the start of disposal in the form of the disposal certificate by the
- Declaration by the producer, owner, collector or carrier on the planned disposal,
- Declaration of acceptance by the waste disposal company or operator of a waste disposal facility and
- Confirmation of the admissibility of the envisaged route by the competent office, which is deemed to have been issued 30 days after the application without a decision by the authorities, and
- on the disposal carried out in this way in the form of declarations by the parties named therein about the whereabouts of this waste, whereby this accompanying note must be carried by the carrier (except for rail transport).
The version valid from May 1st, 2002 to January 31st, 2007 (Ordinance on Recovery and Disposal Proofs) has been replaced by a significantly changed Evidence Ordinance. I.a. the so-called simplified disposal certificate was omitted and the electronic waste record procedure ( eANV ) for hazardous waste has been mandatory since April 1, 2010 .
literature
- Hans Jörg Knäpple: The new verification regulation. Garbage and waste 39 (1), pp. 25-28 (2007), ISSN 0027-2957
- Ulrich Klein: Reform of waste control. Garbage and waste 39 (5), pp. 240 - 244 (2007), ISSN 0027-2957
Web links
- Text of the Verification Ordinance
- Text of the Verification Ordinance in the version valid until January 31, 2007
Individual evidence
- ↑ Section 47 (1) KrWG
- ↑ Section 50, Paragraph 1, Sentence 1 of the KrWG
- ↑ § 51 KrWG
- ↑ Section 1, paragraphs 1 and 3, Section 2, paragraph 2 (small quantities, see also Section 12) NachwV; for private households see a. Section 50 (4) KrWG
- ↑ Section 50, Paragraph 1, Sentence 2, No. 1 KrWG, Part 2 Section 1 NachwV
- ↑ § 5 Abs. 5 NachwV with quasi approval fiction
- ↑ Section 50, Paragraph 1, Sentence 2, No. 2 KrWG, Part 2 Section 2 NachwV
- ↑ §16b NachwV
