德国废弃物管理概念和废弃物平衡法令
Section OneGeneral Provisions
Article 1
Scope of Application
This Ordinance shall define the proper form and content of documents required for
1. the waste management concept pursuant to Article 19 (1) of the Closed
Substance Cycle and Waste Management Act;
2. the waste balance sheet pursuant to Article 20 (1) of the Closed
Substance Cycle and Waste Management Act;
it shall also set forth exceptions for certain types of waste.
Section Two
Form and Content of the Waste Management Concept and Waste Balance
Sheet
Article 2
Waste, Waste Production Sites
(1) Anyone who is required to prepare a waste management concept and a waste
balance sheet (person required to prepare a concept, person required to prepare an
analysis) shall
1. specify the various types of waste requiring special supervision, and/or
of waste requiring supervision, that he produces and determine the quantities
involved and
2. specify his various waste production sites, with respect to the waste referred to in
No. 1
in the documents of the waste management concept and the waste balance sheet.
(2) The following Information shall be given for waste pursuant to paragraph (1) No. 1:
1. the code of waste and waste designation pursuant to the Ordinance on the
Introduction of the European Waste Catalogue (EAK-Verordnung) of 13 September
1996 (Federal Law Gazette I p. @ 1428) or to the Ordinance on Codification of
Waste Requiring Special Supervision (Bestimmungsverordnung besonders
überwachungsbedürftige Abfälle) of 10 September 1996 (Federal Law Gazette I p.
1366) or to the Ordinance on Codification of Waste for Recovery Requiring
Supervision (Bestimmungsverordnung überwachungsbedürftige Abfälle zur
Verwertung) of 10 September 1996 (Federal Law Gazette I p. 1377);
2. in addition, in the case of waste recovery taking place outside of the Federal
Republic of Germany, the code of waste and waste designation pursuant to
Commission Decision 94/774/EC of 24 November 1994 concerning the standard
consignment note referred to in Council Regulation 259/93/EEC on the supervision
and control of shipments of waste within, into and out of the European Community
(OJ No. L 31 0, p. 70);
3. the quantities of the various types of waste described pursuant to Nos. 1 or 2 that
a) have been produced during the calendar year covered by the waste balance
sheet and
b) are expected to be produced in each of the calendar years covered by the waste
management concept
at each waste production site pursuant to paragraph (3).
(3) Waste production sites shall include operating sites, other stationary facilities,
structures, plots of Land or any mobile technical facilities that operate
independently of the above. The specification of the waste production sites shall
include the following
1. the operational designation;
2. the waste producer number (Erzeugernummer);
3. where a facility subject to licensing requirements within the meaning of Article 4
(1) of the Federal Immission Control Act is concerned, the relevant number and
column of the Annex to the Ordinance on Installations Subject to Licensing, in the
applicable version;
4. information as to whether notification pursuant to Article 11 of the Ordinance on
the Furnishing of Proof (Nachweisverordnung) of 10 September 1996 (Federal Law
Gazette I p. 1382) has been submitted to the competent authority.
(4) The quantities of waste listed in the waste management concept and the waste
balance sheet shall be given in tonnes.
Article 3
Destination of the Waste
(1) In the documents on the waste balance sheet, the person required to prepare an
analysis shall list the facility used for waste recovery or disposal (facility), and the
recovery or disposal operation pursuant to Annex IIA or IIB of the Closed
Substance Cycle and Waste Management Act that is used in the facility, for each
type of waste to be specified pursuant to Article 2 (2) Nos. 1 and 2 and for the
quantity of waste pursuant to Article 2 (2) No. 3 letter a. A facility in which waste is
only stored may be listed only if the waste was still being stored in the facility at the
end of the calendar year covered by the waste balance sheet.
(2) Where different facilities or different recovery or disposal operations were used for
different sub-quantities of the same type of waste, the relevant different subquantities
of the total quantity of waste shall be specified pursuant to Article 2 (2)
No. 3 letter a, and the information pursuant to paragraph (1) shall be provided for
each sub-quantity.
(3) The specification of the facility shall include the following:
1. the name of the operator of the facility;
2. the designation and address of the facility;
3. the facility''s waste management number;
4. information as to whether
a) the facility is exempted pursuant to Article 13 of the Ordinance on the
Furnishing of Proof of 10 September 1996 (Federal Law Gazette I p. 1382);
b) the facility is the operator''s own facility within the meaning of Article 19 (1)
No. 4 of the Closed Substance Cycle and Waste Management Act;
5. if recovery or disposal takes place in a facility outside of the Federal
Republic of Germany, the name of the importing country pursuant to
Commission Decision 94/774/EC of 24 November 1994 concerning the
standard consignment note referred to in Council Regulation 259/93/EEC on the
supervision and control of shipments of waste within, into and out of the European
Community (OJ No. L 310$ p. 70), in the version applicable in the individual case.
(4) In the documents-on the waste management concept, the person required to prepare
a concept shall specify the planned destination for each type of waste to be specified
pursuant to Article 2 (2) Nos. 1 and 2, and for each calendar year covered by the
waste management concept pursuant to paragraphs (1) and (3). The listing of a
facility in which waste is only to be stored shall not be permissible. Where no
facility can be specified, the person required to prepare a concept shall specify the
type of the planned facility.
(5) Where a recovery or disposal operation has been carried out, or is intended to be
carried out, outside of a facility, paragraphs (1) through (4) shall apply, with the
exception that the waste management site shall be listed instead of the facility.
Where waste has been handed over, or is intended to be handed over, to a collector,
the collector shall be specified; in the waste balance sheet, the party responsible for
waste management shall be specified.
Article 4
The Waste Management Chain
(1) The waste management chain shall be described in terms of the destination pursuant
to Article 3 (4), along with supplementary information. The person required to
prepare a concept shall include the following supplementary information in the
documents on the waste management concept:
1. the sub-quantity of the total quantity of waste pursuant to Article 2 (2) No. 3 letter b
that has to be managed in the facilities intended for the type of waste pursuant to
Article 3, for each calendar year covered by the waste management concept;
2. the various sub-quantities of waste that he intends to treat as follows in the facilities
intended for the type of waste pursuant to Article 3:
a) use for energy recovery, or treat for the purpose of energy recovery-,
b) use for substance recycling, or treat for the purpose of substance recycling;
c) deposit, or treat for the purpose of deposition;
d) not use for energy recovery or substance recycling; not treat for the purpose of
energy recovery or substance recycling; not deposit or treat for the purpose of
deposition;
each of these various sub-quantities shall be given as a percentage of the total
quantity of waste which the person required to prepare a concept has earmarked for
the facility and the recovery or disposal operations in question, where such person is
seeking to achieve the same percentages for this waste;
3. for the sub-quantity pursuant to No. 2 letter d, the aim of final recovery or disposal,
with information as to the operation pursuant to Annex 11 A or IIB of the Closed
Substance Cycle and Waste Management Act; such aims may include:
a) deposition;
b) substitution of new raw materials by substances recovered from the waste,
c) use of the waste''s substance properties for their original purpose or for other
purposes, except for direct energy recovery; or
d) use for energy recovery.
(2) In the case of Article 3 (5) first sentence, paragraph (1) shall apply, with the
exception that the waste management site shall be listed instead of the facility.
Paragraphs (1) Nos. 2 and 3 shall not apply in the case covered by Article 3 (5)
second sentence.
Article 5
Measures and Justifications
(1) In the documents on the waste management concept, the person required to prepare
the concept shall specify, for each type of waste to be specified pursuant to Article 2
(2) Nos. 1 and 2, any measures taken and planned to avoid, recover and dispose of
waste, particularly measures taking into account requirements pursuant to Articles 4
through 6 and 1 0 through 12 of the Closed Substance Cycle and Waste
Management Act.
(2) In the documents on the waste management concept and the waste balance sheet,
the person required to prepare a concept and an analysis shall justify any need for
waste disposal, for the types of waste to be specified pursuant to Article 2 (2) Nos.
1 and 2 and for the associated sub-quantity of waste pursuant to Article 2 (2) No. 3,
taking into account the measures specified pursuant to paragraph (1) for avoidance
and recovery.
Article 6
Site and Facility Planning for Parties Responsible for their Own Waste
Management
(1) If the person required to prepare a concept is responsible for his own waste
management, he shall - in the documents on the waste management concept, and in
addition to the planned waste management chains - indicate, in the specification of
the necessary site and facility planning and of the chronological sequence of such
planning, whether and, if applicable, when any of his own waste management
facilities are to be
1. put into operation or
2. taken out of operation for an extended period
within the calendar years covered by the waste management concept. Where a
facility is to go into operation for the first time, the date of the relevant application
shall also be included.
(2) In the documents on the necessary site and facility planning and for the
chronological sequence of such planning, the person required to prepare a concept
shall indicate whether, and to what extent, his own waste management facilities will
be available for management of waste produced by him; this shall be specified for
each calendar year covered by the waste management concept.
Article ,7
Waste Management Concept, Waste Balance Sheet
(1) If waste produced by the person required to prepare a concept is produced at
different sites, a waste management concept shall be prepared for each individual
site. In such cases, the Definition of "site" given in Article 2 letter k of Council
Regulation (EEC) No. 1836, of 29 June 1993, allowing voluntary participation by
companies in the industrial sector in a Community eco-management and audit
scheme (OJ EC No. L 168 p. 1) shall be applied mutatis mutandis.
(2) Paragraph (1) shall apply mutatis mutandis to preparation of waste balance sheets.
Where more than one waste producer number has been assigned to a site within the
framework of waste supervision, a separate waste sub-balance sheet shall be
prepared for each waste production site assigned to a waste producer number.
Article 8
Proper Form for the Waste Management Concept
and the Waste Balance Sheet
(1) The person required to prepare a concept and an analysis may use the forms
pursuant to Annex 1 for specification of his waste management concept and waste
balance sheet; no specific form shall be required for any additional specification
required by this Ordinance which is not covered by such forms.
(2) All entries in the documents on the waste management concept and the waste
balance sheet 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 indicating whether such change occurred when the entry was made or at a
later time.
(3) The person required to prepare a concept and an analysis may prepare the
documents in digital form. In this case, instead of making written entries in the
documents, he shall ensure that all the required information is properly saved.
(4) The competent authority and the person required to prepare a concept and an
analysis may reach their own agreement regarding the structure of the digital
documents and the means by which the data is to be submitted.
(5) The documents on the waste management concept and the waste balance sheet, if
prepared in digital form, shall be properly saved by the person required to prepare a
concept and an analysis, before being submitted to the competent authority.
(6) An environmental statement which has been submitted pursuant to Council
Regulation (EEC) No. 1836, of 29 June 1993, allowing voluntary participation by
companies in the industrial sector in a Community eco-management and audit
scheme and accepted as valid shall be recognised as a waste management concept,
or update thereof, and as a waste balance sheet if the eco-audit upon which the
environmental statement is based fulfils the requirements of Articles 19 and 20 of
the Closed Substance Cycle and Waste Management Act and of this Ordinance.
Article 9
Joint Waste Management Concept, Joint Waste Balance Sheet
(1) Upon application, the competent authority may permit two or more waste producers
to prepare a joint waste management concept and a pertinent joint waste balance
sheet if
1. the waste they produce can for the most part be classified within the same codes of
waste;
2. they operate in the same Land,
3. the waste in question all comes from comparable areas of origin and economic
activities.
Article 7 second sentence shall not apply.
(2) Where different waste producers participate in a joint waste management concept
and a joint waste balance sheet, it shall be specified which information refers to
each individual waste producer and which waste producers are required to prepare a
concept and an analysis.
Section Three
Final Provisions
Article 10
Exceptions
The provisions of this Ordinance shall apply to the wastes listed in Annex 2 column
1, in accordance with the provisions laid down in Annex 2 column 2.
Article 11
Entry into Force
This Ordinance shall enter into force on 7 October 1996.
The Bundesrat has given its consent.
Bonn, 13 September 1996
The Federal Chancellor
Dr Helmut Kohl
The Federal Minister for the Environment, Nature Conservation and Nuclear Safety
Angela Merkel $汗$ $汗$ 太多了 单纯性帮顶
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