德国废弃运输许可证法令
Ordinance on transport Licences(Transportgenehmigungsverordnung - TgV)*)
of September 1996
Pursuant to Article 49 (3) and Article 50 (2) No. 1 of the Closed Substance Cycle and
Waste Management Act of 27 September 1994 (Federal Law Gazette I p. 2705), also in
conjunction with Section 2 of the Administrative Expenses Act
(Verwaltungskostengesetz) of 23 June 1970 (Federal Law Gazette I p. 821), the Federal
Government, after hearing the parties concerned, hereby decrees as follows:
Contents
Section One
General Provisions
Art. 1 Licensing Obligations, Scope of Application
Art. 2 Definition of Terms
Section Two
Requirements Pertaining to the Technical Competence and Relevant Skills of the
Collector and transporter
Art. 3 Technical Competence of the Persons Responsible for Managing and Supervising
Operations
Art. 4 Requirements Pertaining to the Company''s Other Personnel
Art. 5 Requirements Pertaining to Commissioned Third Parties
Art. 6 Requirements Pertaining to Further Training
*) The purpose of this Ordinance is to transpose Council Directive 75/442/EEC of 15 July 1975
on waste (OJ EC No. L 194 p. 47), as amended by Council Directive 91/156/EEC of 18 March
1991 (OJ EC No. L 78 p. 32).
Section Three
Application and Documents, Transport Licence
Art. 7 Application and Documents
Art. 8 Transport Licence
Art. 9 Legibility and Genuineness of Documents
Section Four
Final Provisions
Art. 10 Transitional Provision
Art. 11 Fees and Expenses
Art. 12 Administrative Offences
Art. 13 Entry into Force
Section One
General Provisions
Article 1
Licensing Obligations, Scope of Application
(1) In addition to being subject to the licensing requirements laid down in Article 49 (1) of
the Closed Substance Cycle and Waste Management Act, the waste defined by the
Ordinance on Codification of Waste Requiring Special Supervision as being waste for
recovery that requires special supervision may be commercially collected or transported
only with a transport licence from the competent authority. This shall not apply in the
cases referred to in Article 49 (1) second sentence of the Closed Substance Cycle and
Waste Management Act.
(2) The provisions of this Ordinance shall not apply to the collection and transport of waste
for recovery requiring special supervision where such waste has been accepted back by
the responsible manufacturer or distributor, either voluntarily or on the basis of an
ordinance. Article 25 (2) of the Closed Substance Cycle and Waste Management Act
shall not be affected with regard to voluntary acceptance of waste for disposal.
(3) The provisions of this Ordinance shall also apply to transboundary movements of waste.
(4) For foreign transporters, the competent authority may permit exemptions from
individual provisions of this Ordinance or from requirements for certain documents, if
the technical competence, the relevant skills and the reliability required by Article 49 (2)
of the Closed Substance Cycle and Waste Management Act are proved by some other
means. In particular, such proof may consist of equivalent diplomas, examination
certificates and other proof of qualification, as well as of any equivalent licences or
certifications from other Member States of the European Community or from another
party to the Agreement on the European Economic Area.
Article 2
Definition of Terms
(1) The owners of the company within the meaning of this Ordinance shall mean the natural
or legal persons, or the unincorporated associations, that operate the collection or
transport company.
(2) The persons responsible for managing and supervising operations within the meaning of
this Ordinance shall mean those natural persons who have been appointed by the owner
of the company to carry out technical management, supervision and control tasks with
regard to the company''s collection or transport activities - with a special emphasis on
monitoring compliance with the applicable provisions and directives.
(3) Other personnel within the meaning of this Ordinance shall mean those employees, and
other persons working for the company, who are involved in carrying out the company''s
collection and transport activities.
Section Two
Technical Competence and Relevant Skills of the Collector and transporter
Article 3
Requirements Pertaining to the Technical Competence of the Persons Responsible
for Managing and Supervising Operations
(1) The persons responsible for managing and supervising a company for the collection and
transport of waste for disposal or waste for recovery requiring special supervision shall
possess the technical competence required for their tasks. Such competence shall
1. include knowledge, acquired in two years of practical experience, about the collection
and transport of waste,
2. be obtained by participating in one or more training courses which , have been
recognised by the competent authority and which impart knowledge in keeping with the
Annex to this Ordinance.
(2) The following shall also be recognised as sufficient proof of the technical competence
pursuant to paragraph (1) No. 1:
1. completion of studies in the areas of engineering, chemistry, biology or physics at a
university, or a qualification from a technical college, or a master-craftsman
qualification, or completion of commercial vocational training in a field in which the
company can be classified due to the nature of its operations; and
2. knowledge, acquired through one year of practical experience, about the collection and
transport of waste.
Paragraph (1) No. 2 shall remain unaffected.
(3) Training in subject areas other than those referred to in paragraph (2) No. 1 may be
recognised if such training can be considered to be of equivalent value with regard to a
specific task in an individual case. Vocational experience in areas other than those
referred to in paragraph (1) No. 1 and paragraph (2) No. 2 may be recognised if the
knowledge obtained through practical experience can be considered to be of equivalent
value with respect to a specific task in an individual case.
(4) The requirements for technical competence referred to in paragraphs (1) through (3)
may be waived if the person responsible for managing and supervising operations
1. had at least three years of experience, as of 7 October 1996, in performing tasks within
the company that are comparable to those of a person responsible for managing and
supervising operations; and if
2. the proper fulfilment of these tasks is assured.
The requirements pertaining to further training pursuant to Article 6 shall remain
unaffected; the person responsible for managing and supervising operations shall
participate in training courses within the meaning of Article 3 (1) No. 2 no later than 6
October 1998.
Article 4
Requirements Pertaining to the Company''s Other Personnel
The company''s other personnel shall possess the relevant skills required for their
specific collection and transport tasks. Such skills shall be obtained through in-company
training on the basis of an on-the-job training plan.
Article 5
Requirements Pertaining to Commissioned Third Parties
The collector and transporter may commission a third party to carry out collection and
transport activities only if such third party has the necessary technical competence and
relevant skills with respect to the collection and transport activity for which it is
commissioned; such third party shall not itself require a transport licence for this
purpose. The collector and transporter shall provide the information and issue the
directions necessary to ensure that the commissioned activity is carried out in a proper
and competent manner.
Article 6
Requirements Pertaining to Further Training
The persons responsible for managing and supervising the collection and transport
operations, and all other company personnel, shall undergo suitable further training to
ensure that they possess the up-to-date knowledge required for their tasks. At regular
intervals of no greater than three years, the persons responsible for managing and
supervising operations shall take part in training courses within the meaning of Article 3
(1) No. 2. Such further training shall cover the subject areas referred to in the Annex to
this Ordinance. The owner of the company shall determine the further training
requirements for the company''s other personnel.
Section Three
Application and Documents, Transport Licence
Article 7
Application and Documents
(1) Applications for issuance of a transport licence shall be submitted to the
competent authority in writing, using a form pursuant to Annex 1.
(2) Such applications shall include any documentation necessary to determine compliance
with the prerequisites for licensing. In particular, such documentation shall include
1. for the applicant (company owner):
a) the trade or business registration,
b) a relevant excerpt from the commercial register,
c) a police certificate of good conduct,
d) any relevant information from the central commercial register (Gewerbezentralregister),
e) proof of a motor-vehicle liability insurance policy that includes environmental liability
protection oriented to the relevant collection and transport activity
f) if interim storage or another activity is to be carried out that does not involve use of a
motor vehicle, proof of a relevant industrial liability insurance policy, as well as an
environmental liability insurance policy covering such activity;
2. for the legal representative of the owner of the company or, in the case of legal persons
or unincorporated associations, for the persons empowered by law, statutes or
partnership agreement to represent or manage the company:
a) a police certificate of good conduct,
b) any relevant information from the central commercial register (Gewerbezentratregister),
3. for persons responsible for managing and supervising operations:
a) a police certificate of good conduct,
b) any relevant information from the central commercial register (Gewerbezentralregister,
c) proof of relevant technical competence and the relevant skills.
(3) The application shall be submitted in triplicate.
Article 8
Transport Licence
(1) A transport licence shall entitle the collector and transporter to collect and transport
waste within the territory of the Federal Republic of Germany. It shall not be
transferable.
(2) Restrictions may be imposed on the transport licence, where this is required to protect
the public interest, and, especially, to ensure that the prerequisites for its issuance are
fulfilled. The collector and transporter shall comply with the imposed restrictions. In
particular, the competent authority shall require the applicant to inform it of any changes
in circumstances that are significant with respect to fulfilment of the prerequisites for
the licence.
(3) Transport licences shall be issued using the form pursuant to Appendix 2.
Article 9
Legibility and Genuineness of Documents
All entries in the forms listed in Appendices 1 and 2 shall be clearly legible and in the
German language; they shall be printed, typewritten or written with a ball-point pen or
other writing instrument that makes indelible marks. Where an original entry is rendered
illegible, a note shall be added that indicates whether such change occurred when the
entry was made or at a later time.
Section Four
Final Provisions
Article 10
Transitional Provision
(1) Any licence issued pursuant to Article 12 of the Waste Avoidance and Waste
Management Act (Abfallgesetz) before the entry into force of this Ordinance shall
remain valid as a transport licence pursuant to Article 49 (1) of the Closed Substance
Cycle and Waste Management Act until its expiry date.
(2) Any commenced application procedures for issuance of a transport licence pursuant to
Article 12 of the Waste Avoidance and Waste Management Act shall be completed in
accordance with the provisions of the Closed Substance Cycle and Waste Management
Act and of this Ordinance. Such procedures may be completed without use of the forms
contained in Appendices 1 and 2. The competent authority may require such procedures
to be carried out with the use of the correct forms for issuance of a transport licence
pursuant to Article 12 of the Waste Avoidance and Waste Management Act.
(3) The competent authority shall not reject any applications for issuance of a transport
licence on the grounds that the persons responsible for managing and supervising
operations have not taken part in training courses required pursuant to Article 3 (1) No.
2. In such cases, the authority shall impose as a condition that such persons have to take
part in such courses by 6 October 1998.
(4) Paragraphs (2) and (3) shall apply mutatis mutandis to any procedure for issuance of a
transport licence for which the application was submitted after the entry into force of
this Ordinance and by 6 October 1997.
Article 11
Fees and Expenses
(1) Fees and expenses shall be charged, pursuant to the provisions of the Administrative
Expenses Act, for any official acts by the authorities responsible for the execution of
this Ordinance. The following range of rates shall apply to fees:
1. Decision regarding the issuance of a transport licence (Article 8):
a) exemption from the transport licence requirement pursuant to Article 49 (1) second
sentence No. 3 of the Closed Substance Cycle and Waste Management Act: DM 100 to
500;
b) initial decision pursuant to this Ordinance: DM 500 to 10,000;
c) decision following a significant change in circumstances relevant to fulfilment of the
prerequisites for a licence: DM 100 to 10,000;
d) decision regarding a transport licence that is restricted in scope or issued for a fixed term
upon application (in particular applicable to certain transboundary movements): DM
100 to 10,000;
2. Decision regarding recognition of a training course (Article 3 (1) No. 2):
a) approval upon application by the course provider: DM 100 to 1,000;
b) subsequent recognition of one or more training courses for a single participant: DM 20
to 200.
(2) Fees pursuant to the provisions of Article 15 of the Administrative Expenses Act shall
be levied for the revocation or rescission of an official act, if the party concerned has
given cause for such revocation or rescission, as well as for withdrawal of an application
for execution of an official act.
(3) A fee shall be levied for complete or partial rejection of an objection which is not solely
directed against a decision on cost; the amount of this fee shall not exceed the amount of
the fee prescribed for the official act against which the objection was raised. This shall
not apply in cases in which the objection is unsuccessful solely because a violation of a
procedural provision or formal requirement was insignificant in accordance with
regulations governing administrative procedures. If an objection is withdrawn following
the commencement of the official processing, but prior to the completion of such
processing, the fee shall not exceed 750/o of the fee for the objection.
(4) Collection of reimbursement for expenses shall be subject to Article 1 0 of the
Administrative Expenses Act.
Article 12
Administrative Offences
Anyone who, intentionally or through negligence,
1. commercially collects or transports waste requiring special supervision without a licence
pursuant to Article 1 (1) first sentence or
2. contravenes Article 8 (2) second sentence by not fulfilling an enforceable condition
shall be deemed to have committed an administrative offence within the meaning of
Article 61 (1) No. 5 of the Closed Substance Cycle and Waste Management Act.
Article 13
Entry into Force
Article 1 (1) shall enter into force on 1 January 1999; the remainder of the Ordinance
shall enter into force on 7 October 1996.
The Bundesrat has given its consent.
Bonn, 10 September 1996
The Federal Chancellor
Dr Helmut Kohl
The Federal Minister for the Environment, Nature Conservation and Nuclear Safety
Angela Merkel
Annex to the Ordinance on transport Licences
Technical Competence of Persons Responsible for Managing and Supervising a ,
Collection and Transport Company
Such competence shall include the following:
1. technically proper and competent collection and transport of waste, with a special
emphasis on proper waste transport -techniques and proper labelling of vehicles and
containers;
2. the harmful environmental impacts, other hazards, significant impairments and
nuisances that may be caused by waste, and measures to prevent or remedy such
problems;
3. the type and nature of waste requiring special supervision;
4. provisions of waste-management laws and of other environmental legislation applicable
to the specific collection and transport activities;
5. references to legislation on goods transport and the transport of hazardous goods;
6. provisions pertaining to company liability.
Appendix 1 to the Ordinance on Transport Licences
This Annex contains the form*) for an application for issuance of a transport licence
(Article 7 (1)).
Appendix 2 to the Ordinance on Transport Licences
This Annex contains the form*) for an application for issuance of a transport licence
(Article 8 (3)).
*) Remarks on the layout of this form:
1. The form has been reduced in size; at its current size, it is not machine-readable and entries
cannot be made with a typewriter or computer printer. For proper use, the form must be
enlarged to the DIN A4 format (enlargement ratio of 84: 100).
2. All space boundaries and shaded areas should be printed in the colour HKS 6 NI if possible.
The shaded areas must not exceed 60% of the full-tone value. All fonts and numbers, and the
alignment mark for computer systems, should be printed in black.
Alignment mark for computer systems
Form sheet for transport licences (TG)
Transport Licence
Please fill in all applicable spaces.
Competent licensing authority:
Reference number
transporter number
General remarks
On the basis of your application of _ _ _, you are hereby issued a transport licence
pursuant to Article 49 (1), Article 50 (2) No. 1 Closed Substance Cycle and Waste
Management Act, in conjunction with the Ordinance on Transport Licences. The
information provided in this application is part of the transport licence. Where
restrictions are imposed below that diverge from such information, such restrictions take
precedence over the information provided in the application. This licence is valid as of
the date of issuance and is not transferable. The transport licence entitles the holder to
collect and transport waste within the territory of the Federal Republic of Germany.
Restrictions
The transport licence is issued subject to the following restrictions: Where transport is
not effected with rail vehicles, the following shall be kept in the vehicles used for
collection and transport and shall be presented and handed over to supervisory and
control authorities on request:
- a copy of the transport licence and the relevant application,
- a copy of the proof of proper disposal (Entsorgungsnachweis), of the simplified proof of
proper disposal (vereinfachter Entsorgungsnachweis) or of declarations of proof
(Nachweiserklärungen),
- copies numbers 2 through 6 of the accompanying documents, or copy number 2 of the
handover documents for collected or transported waste.
Any changes in circumstances relevant to the decision regarding the licence (for
example, changes in information pertaining to the collector and transporter or to the
submitted application documents) shall be communicated to the licensing authority
without delay.
The licence is issued subject to the following additional restrictions:
Remarks
Collection and transport of waste shall conform to all relevant provisions, and to all
secondary obligations resulting therefrom, of the Closed Substance Cycle and Waste
Management Act and pertinent ordinances, in their applicable versions. Persons charged
with collection and transport of waste shall possess the necessary technical competence
for their tasks. In particular, such persons shall be aware of potential hazards of handling
waste and shall be able to take appropriate measures in case of accidents with the waste.
Such measures especially include informing the responsible agencies (police, fire
department, water-resources authorities, environmental protection authority). Such
competence shall be obtained through in-company on-the-job training on the basis of an
on-the-job training plan (Article 4 Ordinance on Transport Licences).
Changes of persons responsible for managing and supervising operations are subject to
the approval of the competent authority. Such approval does not extend to the licences,
permits or certifications that are required pursuant to other provisions (especially
pursuant to provisions on goods transports and on transport of hazardous goods). Such
approval also shall not affect requirements imposed by provisions on transport of
hazardous goods - especially with regard to transported substances, transport equipment,
transport personnel and carrying of relevant accompanying documents.
This notice is subject to a fee. A separate fee notice shall be sent.
Instructions about available legal remedies
The attached instructions about available legal remedies are part of this notice.
City
Date
Day, month, year
Signature/stamp of the licensing authority
Bar-code space: 75cm x 15cm
Please write letters and numbers in the following form:
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