Entry into force on 1 August 2017

Effective August 1, 2017, the amended version of the Commercial Waste Ordinance (GewAbfV) will enter into force. They will replace the existing Regulation, which will have been considered until then since 1 January 2003 almost 15 years. As evidenced by its reasoning the new GewAbfV to be more than ever the idea of ​​resource protection obligation and therefore in particular the amount of the energy recovery (incineration) reduce entering waste. The legislature has added to the compulsory canon for producers and owners of commercial municipal waste and certain construction and demolition waste as well as for operators of pre-treatment and treatment systems (sometimes considerably).

Advanced (separate storage order) obligations for producers / owners of commercial waste

Starting from the recognition that the (later) separating of industrial waste mixtures is technically difficult and expensive, the new GewAbfV looks more to be collected separately commercial waste fractions before, namely wood, textiles and other production-specific waste. The previously-held already separated fraction of the biodegradable waste is extended and now covers all biowaste i. S. d. Recycling Act (KrWG). The segregation obligation including landscaping waste and waste from the retail sector, from food processing plants and other areas of origin are recorded. No modification provides for the new GewAbfV before insofar as separate storage obligation then not apply if the separate collection is not possible or economically not feasible technically. The previously existing for the then inevitably resulting mixtures choice between a feed to a pre-treatment plant and a feed to a waste incineration plant but is now eliminated; with a few exceptions, the blends are now supplying a pre-treatment plant. The fulfillment of the aforementioned requirements must be documented; The documentation shall be provided on request behördliches.

Advanced (separate storage order) obligations for producers / owners of construction and demolition waste

The segregation obligations be extended for producers / owners of construction and demolition waste. Thus, the requirement to separate storage is also extended to the fractions of wood, insulation material, bituminous mixtures and gypsum-based construction. With respect to the fractions concrete, bricks and tiles and ceramics hitherto uniform duty segregation is fanned out. In the event that the segregation obligations omitted, there is no option with respect to a combustion of predominantly non-mineral wastes. Rather, all construction and demolition waste, which need not be collected separately to supply either a pre-treatment or a treatment plant, depending on their composition in principle. The producers / owners of construction and demolition waste shall document the performance of duty and submit the documentation to the competent authority on request.

Operators of treatment facilities

the reasoning of the Regulation is for operators of treatment plants by a - significant - one-time transition costs of EUR 192 million from a result of the intensified with the new GewAbfV requirements. However, for the implementation of these requirements, operators have until 1 January 2019 period. however, no specific transitional period is also extended to the obligation to keep an operating diary.

administrative enforcement

The closing of the GewAbfV incumbent still the authorities of the countries. In the interests of uniform administrative practice as possible there should be an implementation guide again for the new GewAbfV. This is, however, not before the middle / end of 2018 expected to remain so in any case wait until then whether and how the various administrations to control and enforce compliance and the new obligations.