(and the successor to the KrW-/AbfG act), incorporates the main structural elements of the Kreislaufwirtschafts- und Abfallgesetz (KrW-/AbfG). Circular Economy Act – (Kreislaufwirtschaftsgesetz – KrWG) * Compatible Waste Disposal (Kreislaufwirtschafts- und Abfallgesetz) of. Kommentierung der §§ 11 und 12 des Kreislaufwirtschaftsgesetzes Cycle Management and Waste Act (Kreislaufwirtschafts- und Abfallgesetz, KrW-/AbfG).
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Translation provided by Inter Nationes and reproduced with kind permission. The purpose of this Act is to promote closed substance cycle waste management Kreislaufwirtschaftin order to conserve natural resources and to ensure environmentally compatible disposal of waste. All other waste requires supervision when it is to be disposed of; recyclable waste classified by a statutory ordinance pursuant to Article 41 para.
Substance recycling is considered to occur when, in keeping with an economic perspective, kreislaufwurtschaftsgesetz taking into account the impurities present in the relevant waste, the main purpose of the relevant measure is to use kreislaufwirtschaftsgesdtz waste, and not to eliminate its pollution potential.
The main purpose of a measure in question shall be taken as the criterion for differentiation. Kreislaufwirtschartsgesetz no other consequences result from this Act, waste recycling has priority over waste disposal.
Legal basis and waste producer responsibilities
High-quality recycling appropriate for the type and the nature of the waste in question is to be pursued.
To the extent required kreuslaufwirtschaftsgesetz fulfil requirements pursuant to Articles 4 and 5, waste for recovery shall be separated for storage and treatment. Recycling takes place properly when it complies with the provisions of this Act and with other public-law provisions.
Waste recycling is technically possible even when it requires pre-treatment. Waste recycling is economically reasonable if the costs it entails are not disproportionate in comparison with the costs waste disposal would entail. In this connection, the following must especially be taken into account:. Priority shall be given to that form of use which is more environmentally compatible. The Federal Government is herewith authorised, after hearing the concerned parties Article 60to issue statutory ordinances giving priority to substance recycling or to energy recovery kreislaufwirtchaftsgesetz certain waste types; this shall occur with the consent of the Bundesrat, on the basis of criteria set forth in Article 5 para.
Waste from renewable raw materials can be used for energy recovery if the prerequisites listed in Sentence 1 subparas 2 through 4 are met. As to the requirements pursuant to sentence 1, reference may be made to publicly accessible official notifications of the pertinent expert bodies.
This applies to farm fertiliser to the extent that the usual quantities employed in good and proper practice, within the meaning of Article 1a of the Fertiliser Act, are exceeded. The obligations of operators of plants that either require authorisation or do not require authorisation, pursuant to the Federal Immission Control Act, to construct and operate such plants in such a manner that waste is avoided, recycled or disposed of, are oriented to the provisions of the Federal Immission Control Act.
Substance-oriented requirements concerning the type and manner of the relevant recycling and disposal of waste, pursuant to this Act, are not affected. Krieslaufwirtschaftsgesetz requirements for internal recycling within plants shall be mandated by statutory ordinance pursuant to Kreislaufwirtschaftsgwsetz 6 para. The amount and noxiousness of waste shall be reduced through waste treatment. Any energy or waste occurring in connection with treatment and deposition shall be exploited to the maximum extent possible.
Treatment and deposition are to be considered waste disposal if the energy or waste occurring in connection with such treatment and storage can be exploited, but such exploitation is only a secondary purpose of the disposal.
Impairment occurs when, in particular. Such requirements may kreislaudwirtschaftsgesetz, in particular. This shall include mandating procedures for collection, treatment, storage and deposition that, as a rule, ensure environmentally compatible waste disposal. Determination of the state of the art shall especially include consideration of comparable procedures, facilities or operational practices whose success has been operationally tested.
Sentence 1 also applies to producers and owners of waste for disposal from other areas of origin, to the extent that they do not dispose of such waste in their own facilities, or that predominating public interests require such waste supply. Subparas 2 and 3 do not apply to waste requiring special supervision. Special provisions contained abfallgdsetz statutory ordinances pursuant to Articles 7 and 24, regarding the obligation to make waste available, are not affected. The waste management concept serves as an internal planning instrument and must be submitted, upon request, to the competent authority for evaluation in connection with waste management planning.
The waste management concept shall contain the following:. Details concerning the type, amount and storage of waste requiring special supervision, of waste requiring supervision, of waste for recovery and of waste for disposal. Justification of the necessity of waste disposal, especially including details concerning non-recyclability for reasons listed in Article 5 para.
Description of the planned kreislauwfirtschaftsgesetz management procedures for the next five years; waste producers who carry out waste jreislaufwirtschaftsgesetz themselves must also include information about the necessary site and facility planning and its chronological sequence.
Separate description of the final destination of waste listed under subpara. Such analyses shall be prepared for the first time by 1 April Upon request, such parties shall submit such analyses to the competent authority. In order to fulfil product responsibility, products must be so designed, if at all possible, that waste production is reduced within their production and use, and that kreislaufwirtschattsgesetz compatible recycling and disposal of the waste resulting from their use is assured.
It also determines the products for which, and by what means, product responsibility must be fulfiled. For definition of requirements pursuant to Article 22, the Federal Government is authorised, after hearing the concerned parties Article 60to mandate, by statutory ordinance and with the consent of the Bundesrat, that. It shall publish such defined aims in the Federal Law Gazette. The competent authority for receiving such notification should grant exemptions from obligations pursuant to Article 49, and from proof obligations pursuant to Articles 43 and 46, to the extent that the voluntary acceptance of returned waste promotes the aims of closed substance cycle waste management pursuant kreislaufwirtscuaftsgesetz Articles 4 and 5 and other suitable proof is furnished that the accepted waste is properly recycled and disposed of.
Manufacturers and distributors who accept returned waste on the basis of a statutory ordinance pursuant to Article 24, or who voluntarily accept returned waste, are subject to the obligations of waste owners pursuant to Articles 5 and In addition, treatment of waste for disposal is permitted in facilities that primarily serve a purpose other than waste disposal and that require a licence pursuant to Article 4 of the Federal Immission Control Act.
Storage or treatment of waste for disposal in waste disposal facilities for these purposes is also permitted to the extent that such facilities, as insignificant facilities pursuant to the Federal Immission Control Act, do not require a licence, and no other provisions are made in statutory ordinances pursuant to Article 12 para.
The waste management plans include kreislaufwirtschaftsyesetz of the following:. The plans can also mandate which parties responsible for waste management are to be chosen and which waste management facility the parties responsible for disposal must use. To the extent that this is necessary for description of requirements, waste management concepts and waste life-cycle analyses must be evaluated. As part of the plan approval procedure, environmental impact assessment, pursuant to the provisions of the Act on the Assessment of Environmental Impacts, shall be carried out.
Such information shall contain, taking into account existing secrecy requirements, a summary and evaluation of waste management plans, a comparison to the previous such report and a prediction for the subsequent reporting period.
Kommentierung der §§ 11 und 12 des Kreislaufwirtschaftsgesetzes
The Federal Government shall determine, after hearing the concerned parties Article 60by statutory ordinance and with the consent of the Bundesrat, which waste for disposal requires special supervision. This does not apply.
The licence may be tied to restrictions, if this is necessary to protect the public interest. Issue of a transport licence does not exempt the licencee from the obligation of submitting required proofs on the basis of statutory ordinances pursuant to Articles 12, 24 and 48, prior to the commencement of collection or transport operations. The licence shall be issued if no facts are known that would justify assuming the unreliability of the applicant or of a person charged with managing or supervising the relevant operations or those of a branch office.
Kreislaufwirtschaftsgesetz – English missing: English ⇔ German Forums –
The licence may be restricted in its content, and it may be tied to restrictions, to the extent that this is kreislauffwirtschaftsgesetz to protect the public or the environment; under the same prerequisites, subsequent kreislaufwirtschafrsgesetz, change or supplementation of restrictions is permissible.
If the licencing authority is aware of facts that would indicate such changes, it is up to the applicant to refute them. The licence shall be revoked if facts that would indicate that such revocation is required subsequently become known. Objections and actions to set aside have no suspensive effect. As far as the authorisations for issuing statutory ordinances and general administrative provisions prescribe hearing of the parties concerned, representatives should be selected, and heard, from scientists, those involved, involved commercial and industrial sectors, the supreme authorities responsible abtallgesetz waste management, the communities and community associations.
The above translation was published by Inter Nationes. Reproduced with kind permission. The contents of this page may be downloaded and krejslaufwirtschaftsgesetz out in single copies for individual use only.
Making multiple copies without permission is prohibited. Article 2 Area of Application 1 The provisions of this Act apply to 1. Article kreislaufwirtschavtsgesetz Basic Obligations in Closed Substance Cycle Waste Management 1 Obligations to avoid waste production are oriented to Article 9 and to the statutory ordinances issued on the basis of Articles 23 and In this connection, the following must especially be taken into account: Kreislaufeirtschaftsgesetz 6 Substance Recycling and Energy Recovery 1 Waste can be a subjected to substance kreislaufwirtscgaftsgesetz or b used to obtain energy.
Article 7 Requirements for Closed Substance Cycle Waste Management 1 The Federal Government is herewith authorised, after hearing the concerned parties Article 60to issue statutory ordinances, with the consent of the Bundesrat, and to the extent required to fulfil obligations pursuant to Article 5, especially those ensuring safe recycling, that accomplish the following: In this case 1.
Article 8 Requirements for Closed Substance Cycle Waste Management in the Area of Agricultural Fertilisation 1 The Federal Ministry of the Environment, Nature Conservation and Nuclear Safety, acting in agreement with the Federal Ministry of Food, Agriculture and Forestry and the Federal Ministry of Health, after hearing the concerned parties Article 60is herewith authorised to mandate, by statutory ordinance, with the consent of the Bundesrat, requirements for the area of agriculture for ensuring proper and safe recycling pursuant to para.
Article 10 Basic Principles kreislaufwirtschaftsgeaetz Waste Disposal that is Kreizlaufwirtschaftsgesetz with the Public Interest 1 Waste that is not recycled shall be permanently excluded from closed substance cycle waste management, and it shall be disposed of permanently in a manner in keeping with the public interest.
Impairment occurs when, in particular, 1. Article 11 Basic Obligations for Waste Disposal 1 Producers or owners of waste that is not recycled are obligated to dispose of such waste in keeping with basic principles of waste management that is compatible with the public interest, pursuant to Article 10, to the extent that Articles 13 through 18 contain no different provisions. Article 12 Requirements for Waste Disposal kreislaufwirtschaftsgesetx The Federal Government is herewith authorised, after hearing the concerned parties Article 60to mandate, by statutory ordinance, and with the consent of the Bundesrat, requirements, in keeping with the technological state of the art, for fulfiling obligations pursuant to Article 11 for the disposal of waste; these requirements may specify area of origin, site of occurrence, as well as the type, amount and nature of the relevant waste.
Such requirements may include, in particular, kreislaufwirtschaftsgssetz. Article 15 Obligations of Public-Law Parties Responsible for Waste Management Article 16 Commissioning of Third Parties Article 17 Performance kreislaufwirtschaftsvesetz Tasks by Associations Article 18 Performance of Tasks by Self-Administration Authorities in Business, Industry and Trade Article 19 Waste Management Concepts 1 Waste producers who annually produce more than a total of 2, kilograms of waste requiring special supervision, or more than 2, tonnes of waste requiring supervision, per waste category, shall prepare a kreilaufwirtschaftsgesetz management concept for the kfeislaufwirtschaftsgesetz, recycling and disposal of the produced waste.
The waste management concept shall contain the following: Details concerning the type, amount and storage of waste requiring special supervision, of waste requiring supervision, of waste for recovery and of waste for disposal, 2. Description of measures, taken and planned, for avoidance, recycling and disposal of waste, 3. Description of the planned waste management procedures for the next five years; waste producers who carry out waste management themselves must also include information about the necessary site and facility planning and its chronological sequence, 5.
Article 23 Prohibitions, Restrictions and Labelling For definition of requirements pursuant to Article 22, the Federal Government is authorised, after hearing the concerned parties Article 60to mandate, by statutory ordinance and with the consent of the Bundesrat, that 1.
Article 24 Obligation to Return Certain Goods, and Obligation to Accept Returned Goods 1 For definition of requirements pursuant to Article 22, the Federal Government is authorised, after hearing the concerned parties Article 60to mandate, by statutory ordinance and with the consent of the Bundesrat, that manufacturers or distributors 1. Article 25 Voluntary Acceptance of Returned Goods 1 The Federal Government may define aims for the voluntary acceptance of returned waste, after hearing the concerned parties Article 60that are to be attained within an appropriate period.
Article 26 Obligations of Owners after Acceptance of Returned Goods Manufacturers and distributors who accept returned waste on the basis of a statutory ordinance pursuant to Article 24, or who voluntarily accept returned waste, are subject to the obligations of waste owners pursuant to Articles 5 and Part Four Planning Responsibility Section One Organisation and Planning Article 27 Organisation of Disposal 1 For purposes of disposal, waste may be treated, stored or deposited only in authorised plants or facilities waste disposal facilities.
The waste management plans include descriptions of the following: The waste management plans list the following: Part Seven Supervision Article 40 General Supervision Article 41 Waste Requiring Supervision 1 Special requirements, in keeping with this Act, are to be placed on the supervision and disposal of waste from commercial companies or other business enterprises or public institutions, that, due to its type, nature or amount, poses a particular risk to health, air quality or water quality, that is particularly explosive or flammable or that contains or could foster pathogens of communicable diseases waste for disposal that requires special supervision.
This does not apply 1. The Appendix has not been printed in this edition.