Concept and Historical Development of Disposal Self-sufficiency
The Concept Disposal self-sufficiency refers to the legally binding goal and principle that the disposal of waste (especially hazardous waste) should ideally take place within the territory of the respective state or a defined region. The aim is to avoid cross-border waste transports, in order to reduce environmental impact from long transport routes and to strengthen the self-responsibility of the waste-generating and disposing region. Central to this is the requirement to dispose of waste predominantly in the area where it is generated.
Historically, the principle of disposal self-sufficiency developed in the context of European environmental policy during the 1980s. With increasing environmental awareness, the negative effects of international waste transport—especially of hazardous waste—were to be avoided. At the same time, it was intended to prevent certain regions or countries from being disproportionately burdened with waste from other regions.
Legal Foundations of Disposal Self-sufficiency
European Law
EC Regulation No. 1013/2006 (Waste Shipment Regulation)
Disposal self-sufficiency is enshrined across Europe particularly in the Regulation (EC) No. 1013/2006 on shipments of waste (Waste Shipment Regulation). This regulation obliges the Member States of the European Union to prioritize the disposal of hazardous waste in the country of origin. Article 11(1) expressly states that the Community and Member States must ensure that suitable measures are taken “to ensure that the Community as a whole, and each Member State individually, is able to handle its own waste disposal problem independently and, in particular, relies on the basis of proximity and self-sufficiency to dispose of waste.”
Principles of Proximity and Self-responsibility
Disposal self-sufficiency is closely linked with the proximity principle (“Proximity Principle”) and the principle of self-responsibility (“Self-sufficiency Principle”). While the proximity principle states that waste should be disposed of as close as possible to its place of origin, the self-responsibility principle requires each region to maintain its own disposal capacities.
German Law
Circular Economy Act (KrWG)
In Germany, disposal self-sufficiency is found in particular in the Circular Economy Act (KrWG). Section 17(2) KrWG obliges public waste disposal authorities to dispose of waste primarily in disposal facilities in accordance with the proximity principle. Furthermore, the waste hierarchy (Section 6 KrWG) specifies that waste should primarily be recycled and, if that is not possible, be disposed of—preferably as close as possible to the site of generation.
Implementation at the State Level
The federal states specify in their respective waste management plans how the goal of disposal self-sufficiency should be achieved in the state area. This includes planning capacities and locations for disposal facilities to ensure self-sufficiency and minimize waste exports.
Legal Restrictions and Exemptions
The principle of disposal self-sufficiency does not apply without restrictions. For example, Section 27 KrWG as well as international obligations (Basel Convention) and EU law provide for exceptions, especially where:
- no suitable facilities are available within the national territory,
- transportation to other regions takes place under strict conditions,
- ecological, economic, or technical reasons exist.
International Law Aspects
Basel Convention
Das Basel Convention of 1989 regulates the transboundary movement of hazardous wastes and requires the contracting parties to ensure disposal in the country of origin where possible. The agreement stipulates a controlled and limited transfer of waste, thereby reinforcing the principle of disposal self-sufficiency at a global level.
OECD Regulations
The OECD also demands that, in principle, waste should be disposed of within the generating country to avoid worldwide environmental damage.
Application Areas of Disposal Self-sufficiency in Waste Law
Hazardous Waste
Disposal self-sufficiency is particularly applied to hazardous waste (such as chemical residues, special waste). There are generally restrictions or notification obligations for cross-border shipments of such wastes. The goal is to contain environmental and health hazards and to prevent loss of control in the handling of hazardous substances.
Non-hazardous Waste and Municipal Waste
Even for non-hazardous waste, especially household waste, the goal of disposal self-sufficiency is relevant. The aim here is to prefer regional disposal solutions, provided these are economically and environmentally reasonable.
Special Provisions for Recycling and Recovery
In the field of recycling and material recovery , the principle of disposal self-sufficiency is of lesser significance, as European and national legislation emphasizes the promotion of the internal market and free movement of goods. Waste transfers, particularly for recovery, are permitted under certain conditions.
Significance and Goals of Disposal Self-sufficiency
Environmental Policy Objectives
Disposal self-sufficiency pursues key environmental policy goals:
- Protection of people and nature from the risks of long and disproportionate transports.
- Promotion of self-responsibility of regions/states for their own waste disposal.
- Reduction of disposal-motivated transport, to avoid “waste exports” to less developed regions with lower environmental standards.
Economic and Technical Objectives
By ensuring sufficient and modern disposal capacity within the country, regional economic cycles and technological progress are to be promoted. This enables planned investment in disposal facilities and ensures a stable waste management system.
Connection with the Polluter Pays Principle
The aim of disposal self-sufficiency is closely linked to the polluter pays principle : Whoever generates waste should primarily be responsible for its safe and environmentally sound disposal.
Challenges and Criticism Regarding Disposal Self-sufficiency
Economic Impact
Strict implementation of disposal self-sufficiency can lead to higher costs, since not every state or region always has the necessary capacities and the most modern equipment to process all types of waste.
Impairment of the Internal Market
At the European level, there is a risk that too restrictive an application of the principle may impair the European internal market and the free movement of goods. The European Commission therefore emphasizes that the principle of self-sufficiency must be in line with the fundamental freedoms of EU law.
Enforcement Challenges
In federal systems such as Germany, implementation can lead to conflicts due to varying capacities and infrastructural conditions in the federal states. Case-by-case solutions and exceptions often create legal uncertainty.
Summary
Die Disposal self-sufficiency is a central principle of waste law that aims to ensure independent disposal of waste in the area of origin. It is anchored in European, German, and international law and pursues environmental, health, and economic objectives. There are both obligations and exceptions. The practice of disposal self-sufficiency lies in the field of tension between effective disposal, environmental protection, economic efficiency, and European requirements. In light of global challenges and increasing amounts of waste, maintaining a careful balance between self-responsibility and international exchange remains a central challenge for the further development of waste law.
Frequently Asked Questions
Which legal regulations must be observed to achieve disposal self-sufficiency?
The legal requirements for disposal self-sufficiency are primarily based on the provisions of the Circular Economy Act (KrWG) and relevant regulations under waste law. Companies seeking disposal self-sufficiency must in particular demonstrate that all types of waste generated can be independently and legally treated, recovered, or disposed of. Essential prerequisites for this are appropriate waste law permits (Sections 4, 7 KrWG) in conjunction with the respective state law provisions, as well as notification and registration obligations under the Verification Ordinance (NachwV) for hazardous wastes. In addition, technical and organizational requirements for on-site facilities, storage, transport, and documentation obligations must be strictly observed. Environmental law, especially the BImSchG (Federal Immission Control Act), must also be considered if emission-relevant facilities are involved. Non-compliance may result in official prohibitions and also criminal or administrative penalties (Sections 60 ff. KrWG).
To what extent are there notification and documentation obligations concerning disposal self-sufficiency?
Comprehensive notification and documentation obligations apply in the context of disposal self-sufficiency. According to Section 50 KrWG and the Verification Ordinance, companies are obliged to provide evidence of the proper and safe disposal of their waste and present this to the competent authority. For hazardous waste, the electronic verification procedure (eANV) is mandatory. Furthermore, waste law requires maintenance of a register in which all relevant processes, such as amount, type, origin, and whereabouts of the waste, must be documented comprehensively. The retention period for these records is generally three years for non-hazardous and five years for hazardous waste. During inspections by the competent supervisory authorities, the documentation must be made available at any time.
Which permits are required for independent waste disposal?
For independent disposal—both recovery and disposal—a waste law facility or operating permit is generally required (Sections 4, 16 BImSchG or Section 35 KrWG). Depending on the type of waste, environmental relevance, and treatment technology, either a simple notification or a comprehensive permitting procedure is necessary. The permitting procedure requires submitting detailed application documents, including a disposal concept, proof of technical and personnel suitability, as well as compliance with environmental and occupational safety requirements. Stricter requirements apply to the storage, treatment, or recovery of hazardous waste according to the Waste Catalogue Ordinance (AVV) and the respective state regulations. Without a valid permit, independent waste disposal constitutes a regulatory offence with significant legal consequences.
Who is responsible for regulatory compliance within the company?
Legally, responsibility for compliance with all regulations regarding disposal self-sufficiency lies with the waste producer or the operator of the disposal facility. In practice, the company delegates numerous tasks to a waste management officer (Section 59 KrWG), who is primarily responsible for monitoring compliance with waste law regulations. Nevertheless, ultimate responsibility always remains with the legal representative of the company (e.g., management, executive board). In the event of violations, both the company and the responsible individuals are personally liable, especially in cases of intentional or negligent breaches of duty.
What role do official inspections play and how do they work?
Official inspections are a vital part of ensuring the legality of disposal self-sufficiency. Pursuant to Sections 47-49 KrWG, the competent environmental and waste authorities are required to regularly and unannounced inspect companies. The inspections may cover both operational facilities and relevant waste and environmental documentation. Additionally, sampling, technical monitoring of facilities, and checking compliance with secondary requirements from permits are carried out. The authorities are authorized to issue orders, tighten secondary requirements, or, in extreme cases, shut down the disposal operation if significant deficiencies are identified.
How are cross-border disposal activities assessed legally?
For cross-border shipments of waste, the provisions of the European Waste Shipment Regulation (EC No. 1013/2006) as well as national regulations must be observed. As a rule, independent disposal abroad is only permissible if all permits and notification procedures have been correctly completed, both in the country of origin and recipient country. For certain waste streams (especially hazardous waste), notification, control, and approval requirements apply. Inadequate or improper procedures are strictly sanctioned by authorities both nationally and internationally and can lead to significant penalties. In such cases, the requirements for verification and control procedures are particularly stringent.
