Definition and Legal Classification of Waste Requiring Supervision
The Term waste requiring supervision refers, under German waste law, to waste whose disposal is subject to special legal regulations and controls. This particularly includes hazardous waste, but also certain other categories that, due to their composition, quantity, or characteristics, may pose an increased risk to the environment or human health. The definition and legal framework for monitoring obligations are primarily derived from the Circular Economy Act (KrWG) as well as supplementary regulations and European directives.
Legal Foundations
Circular Economy Act (KrWG)
The Circular Economy Act forms the central legal framework for handling waste in Germany. Section 3 paragraph 5 KrWG distinguishes between hazardous (requiring supervision) and non-hazardous waste. Waste requiring supervision is defined there as waste classified as hazardous under current regulations (Annex III of Directive 2008/98/EC). They are subject to special obligations regarding recording, transport, treatment, and disposal.
Evidence Ordinance (NachwV)
Die Evidence Ordinance (NachwV) specifies the monitoring requirements related to waste requiring supervision. It regulates the proof and registry obligations for producers, holders, carriers, and disposers of such waste. The aim is comprehensive monitoring of the entire disposal process.
European Requirements
A large proportion of national regulations are based on European law, particularly the Waste Framework Directive 2008/98/EC and the Basel Convention on the control of transboundary movements of hazardous waste. These regulations contain definitions, lists of hazardous waste types, and regulatory areas for intra-community waste shipments.
Classification of Waste Requiring Supervision
Hazardous Waste
According to Annex III of the Waste Framework Directive, hazardous waste is that which possesses one or more hazardous properties. In Germany, using the European Waste Catalogue (EWC) in conjunction with the Waste Catalogue Ordinance (AVV), hazardous waste types are marked with an asterisk () in the EWC. Typical examples include used oil, asbestos, certain solvents, or contaminated packaging materials.
Other Waste Requiring Supervision
German waste law also recognizes terms such as specifically monitored waste, which historically corresponded to hazardous waste, as well as waste requiring supervision for recovery, which are not necessarily hazardous but may be subject to monitoring requirements for other reasons (e.g., origin, quantity).
Supervisory Mechanisms and Obligations
Proof and Documentation Requirements
Producers, holders, carriers, and disposers of waste requiring supervision are subject to extensive proof and registration obligations. These include: Accompanying Document Procedure: The transport of hazardous waste must be documented from acceptance through to final disposal using the electronic accompanying document procedure (eANV). Register Management: Those obliged must keep a register on the whereabouts and treatment of all waste requiring supervision. Reporting and Retention: Proof and registers must be presented to the competent authorities on request and retained for a specified period (generally three years).
Obligations in Handling
The handling, in particular the collection, transport, and storage of waste requiring supervision, is subject to authorization or notification requirements (§§ 53, 54 KrWG). Operators must ensure proper and harmless disposal and, if necessary, commission certified specialist disposal companies for this purpose.
Obligations in Cross-Border Movement
The cross-border disposal of waste requiring supervision is governed by the EC Waste Shipment Regulation (Regulation (EC) No. 1013/2006) and the Basel Convention. It introduces strict authorization and control procedures.
Monitoring and Sanction Mechanisms
Compliance with legal requirements for the disposal of waste requiring supervision is monitored by the competent supervisory authorities (in Germany, usually at the federal state level). They are authorized to conduct on-site inspections, review records and registers, and impose fines in the event of violations. Serious or intentional breaches can be prosecuted under criminal law (§§ 326, 327 StGB: Environmental Crimes).
Summary and Distinction
Waste requiring supervision are legally precisely defined types of waste whose handling is particularly supervised for reasons of environmental and health protection. The regulations mainly concern evidence keeping, official permits, obligations in transport and treatment, as well as certain reporting requirements. The classification and scope of monitoring obligations are continuously evolving through national and international legislation.
Distinction from Non-Supervised Waste
Not all waste is subject to these special regulations. Waste that does not require supervision, generally so-called “non-hazardous” waste, is disposed of under less restrictive procedures but is still subject to the principles of the Circular Economy Act.
See also:
- Circular Economy Act
- Waste Catalogue Ordinance
- Evidence Ordinance
- Basel Convention
- EC Waste Shipment Regulation
- Environmental Criminal Law
Frequently Asked Questions
How is the legal proof of the disposal of waste requiring supervision to be provided?
In the legal context, the disposal of waste requiring supervision (formerly: “hazardous waste”) in Germany is subject to strict proof and documentation obligations under the Circular Economy Act (KrWG) and the Evidence Ordinance (NachwV). This means that both producers, as well as carriers and disposers of such waste, are required to use the so-called electronic verification procedure (eANV) to provide detailed information on the type, quantity, origin, and whereabouts of the waste. Proof is provided by waybills, acceptance certificates, and disposal certificates, all of which must be transmitted electronically and digitally signed. The comprehensive documentation of this data serves to ensure the traceability and accountability of environmentally sound treatment of hazardous waste by the competent authority (§ 50 KrWG). The retention periods for this proof are generally three years. Violations of the proof obligations can be rated as administrative offences or even as criminal acts and may be penalized with substantial fines or imprisonment.
What permits are legally required for the transport and disposal of waste requiring supervision?
The transport and disposal of waste requiring supervision requires, pursuant to §§ 54 ff. KrWG, a separate permit and notification obligation. Companies that commercially handle such waste must apply for and receive a transport permit, which is usually issued by the competent waste authority of the respective federal state. In addition, specialist disposal companies are subject to certification under § 56 KrWG. Only companies with the appropriate authorization are permitted to store, treat or dispose of hazardous waste. In cross-border traffic, the provisions of the EU Waste Shipment Regulation (Regulation [EC] No. 1013/2006) must also be observed, which provide for additional permitting requirements and the approval of the participating countries.
Which authorities are responsible for monitoring in connection with waste requiring supervision?
The monitoring of compliance with waste management regulations is carried out at the state level by the respective competent waste authorities, generally the environmental offices at the municipal or regional level. In addition, specialized supervisory authorities such as the trade supervisory office or the state environmental office assume further control and monitoring tasks. They check compliance with documentation, transport and disposal regulations, inspect companies, and impose appropriate sanctions for violations. The implementation of electronic verification procedures is supervised in cooperation with the Federal Ministry for the Environment, Nature Conservation, Nuclear Safety and Consumer Protection (BMUV), which is also responsible for legislative adjustments.
What criminal and administrative consequences may result from violations in the handling of waste requiring supervision?
Non-compliance with the legal obligations for handling waste requiring supervision is subject to strict legal sanctions. Fines of up to 100,000 euros may be imposed pursuant to § 69 KrWG, for example, for inadequate documentation, improper disposal, violation of retention obligations, or operating without the necessary permit. Serious violations that lead to or are at least capable of endangering life, health, animal or plant protection, may be classified as criminal offences under § 326 of the German Criminal Code (StGB). In such cases, fines or imprisonment of up to five years may be imposed.
What role does the Electrical and Electronic Equipment Act (ElektroG) play in the legal treatment of waste requiring supervision?
The Electrical and Electronic Equipment Act, in addition to the general provisions of the Circular Economy Act, governs the disposal of waste from electrical and electronic equipment if it is classified as hazardous (e.g., due to the presence of harmful substances such as lead, mercury). Under ElektroG, manufacturers, distributors, and disposal companies are obligated to ensure separate collection, take-back and recovery of such waste, and to provide appropriate evidence of environmentally sound treatment. The obligations under ElektroG and KrWG overlap, with the stricter provisions applying in each case.
What reporting and notification obligations exist prior to commencing activities with waste requiring supervision?
Prior to commencing any activity involving waste requiring supervision, corresponding notification and permit obligations must be fulfilled in accordance with § 53 and § 54 KrWG. Notifications must be submitted to the competent authority; these include information about the type of activity, waste types, disposal route, and responsible persons in the company. For certain activities (such as transport, storage, treatment and disposal), a permit must also be applied for. The legal basis requires regular updating of the notification and notification in the event of significant changes in circumstances. Failures or erroneous information are considered administrative offences.
Are waste requiring supervision subject to special transport regulations?
In the legal context, waste requiring supervision is subject to special dangerous goods regulations during transport (§35 KrWG in conjunction with the Dangerous Goods Transport Act [GGBefG] and the ADR regulations). In particular, vehicles and containers must be specifically labeled and ADR-approved. Driving and accompanying documents with precise information on the waste type, quantity, producer, and recipient must be carried. In addition, drivers are required to undergo special training. The competent authority may carry out random checks during transport. Violations of these regulations are also penalized with fines, and in particularly serious cases, with criminal consequences.
