Dealers of waste within the meaning of the Closed Substance Cycle Waste Management Act (KrWG) “is any natural or legal person who acquires and resells waste on his own responsibility on a commercial basis or within the framework of commercial enterprises, i.e. on the occasion of another commercial or economic activity that is not aimed at dealing with waste, or public institutions; the acquisition of actual material control over the waste is not required for this purpose.”
Such dealers are persons who contractually promise producers to arrange for the disposal of their wastes and who, in order to fulfill this contract, subcontract with a disposer and, if necessary, additionally with a transporter to pick up, transport and deliver the wastes to a disposal process.
Carriers may also be at the same time dealers of waste, if they not only transport the waste, but also pass it on to other persons under their own responsibility after the transport has been carried out, for the purpose of carrying out or arranging for the carrying out of a disposal procedure.
Broker of waste within the meaning of this Act “is any natural or legal person who provides for the management of waste for third parties on a professional basis or within the framework of economic undertakings, that is, on the occasion of another commercial or economic activity not aimed at brokering waste, or public institutions; the acquisition of actual material control over the waste is not required for this purpose.”
Collectors and transporters who collect or transport non-hazardous waste on a commercial basis or as part of commercial enterprises are required to register in accordance with §53 of the Closed Substance Cycle Waste Management Act (KrWG).
The regulation is of particular importance for waste collectors and transporters operating within the framework of “economic undertakings”. These are companies whose business purpose is not the commercial handling of waste but, for example, craft enterprises that transport waste generated in the course of their activities themselves and send it for disposal.
Unlike commercial waste companies, such companies do not require a permit under Section 54 of the KrWG.
According to § 53 KrWG you are obliged to report your activity to the competent authority.
Exemptions from the permit requirement exist, for example, for public waste management authorities and specialized waste management companies (EfB), provided they are certified for this activity.
The person required to notify or obtain a permit, as well as other personnel, are subject to requirements in terms of technical and expert knowledge, which are defined by the “Ordinance on the Notification and Permit Procedure for Collectors, Carriers, Dealers and Brokers of Waste” (Notification and Permit Ordinance – AbfAEV).
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