GERMANY'S WASTE MANAGEMENT POLICY DEVELOPMENT - A Focus on Municipal Solid Waste
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GERMANY’S WASTE MANAGEMENT POLICY DEVELOPMENT A Focus on Municipal Solid Waste
Imprint Content
Summary 4
I. Background: Municipal Solid Waste (MSW) Management in Germany 5
Published by: Basic Facts about MSW Management in Germany 5
Deutsche Gesellschaft für
Internationale Zusammenarbeit (GIZ) GmbH
Current trends and goals 7
Registered offices
Bonn and Eschborn
II. Germany Waste management policy and strategies 9
Address (China Representative Office)
Sunflower Tower 1100 Basic Principles 9
37 Maizidian Street, Chaoyang District
100125 Beijing, PR China
Circular Economy 12
T +86 10 8527 5180
F +86 10 8527 5185
III. Regulatory Framework 17
E giz-china@giz.de Photo credits/sources:
I www.giz.de/china Cover, Shutterstock/ Timo Nausch, P6, Shutterstock/ Markus
Gann, P11 Shutterstock/ Keikona, P14, Shutterstock/Teerasak Framework legislation in waste management 18
Project: Ladnongkhun, P16, Shutterstock/Bilanol, P18, Shutterstock/
China Integrated Waste Management (IWM) NAMA Lebedeva Alena, P20-21, Shutterstock/Lightspring, P27,
Shutterstock/Maykova Galina, P31, Shutterstock/Maykova Galina, Biowaste 21
This project is supported by the NAMA Facility on behalf of the P 32, Shutterstock/NicoElNino, P39, Shutterstock/Tunatura, P41,
German Federal Ministry for the Environment, Nature Conserva- Mirco Lomoth
tion and Nuclear Safety (BMU), the UK Department for Business,
Fertilizer 22
Energy and Industrial Strategy (BEIS) (formerly DECC), the Danish URL links:
Ministry of Energy, Utilities and Climate (EFKM) and the European Responsibility for the content of external websites linked in this Animal By-product 23
Commission publication always lies with their respective publishers. GIZ
expressly dissociates itself from such content.
Editors: Packaging Waste 24
Qian Mingyu (GIZ), Nina Mitiaieva (GIZ) On behalf of
NAMA Facility
Authors: E-Waste 26
Laura Schroeder, Kim Jeonghyun GIZ is responsible for the content of this publication.
Design/layout: Beijing, PR China Landfill 27
Weng Fangping (GIZ) 2019
Emissions 28
Compost & Digestate - Quality Assurance 29
Shipment of Waste 30
Supporting legislation 30
IV. Legislation Development 32
V. Current Challenges (Germany and the EU) 36
Implemented by
VI. Relevance for China 40
Annex I - Comparison of the major legislative documents regulating waste manage-
ment in Germany and China 46
4 | GERMANY’S WASTE MANGEMENT POLICY DEVELOPMENT GERMANY’S WASTE MANGEMENT POLICY DEVELOPMENT | 5
Summary I. Background: Municipal Solid Waste
(MSW) Management in Germany
Over the decades, Germany has achieved Behind the current high performance and com- Basic Facts about MSW Man- Until 2012 Germany had even been demon-
remarkable progress in waste management. prehensive regulatory framework, there has agement in Germany strating a certain degree of decoupling eco-
It has shown a continuous increase in waste been a long history of legislative development. nomic growth from waste generation. Country’s
recovery and recycling rate, reaching re- In the course of this process, as its name Germany is considered to be on the forefront GDP had been increasing continuously (with
spectively 81% and 69% in 2018, as well as implies, the focus of German main waste law of waste management in in Europe - cred- an exception of 2009 when GDP fell due to fi-
significant GHG emissions reduction in waste has been gradually shifted from waste dispos- it to country’s high recycling rate, efficient nancial crisis), while the net volume of waste
management sector. Nowadays, the country is al (Waste Disposal Act) to waste management waste-to-energy system, advanced and wide- generated had been decreasing. Since 2012,
paying increasing attention to waste minimi- (Waste Act) and ultimately to material circu- spread use of biological methods for treat- however, the net waste volume has started
zation and improvement of recycling, especial- larity (Circular Economy Act). ing organic waste as well as relatively high growing although not as rapidly as Germany’s
ly, of single-use plastics. quality of waste segregation at source. GDP (Figure 1).
China, similarly to Germany few decades ago,
Circular Economy Act and Packaging Act cur- is being confronted with the rapid increase in
rently set the tone in German waste manage- waste amount and the urgent need to reduce
ment. The former serves as the main federal pollution. China’s waste management system
law outlining the legal basis and fundamental is in transition into an integrated system Decoupling of GDP and Waste Generation (%)
principles of waste management, emphasizing beyond mere waste disposal and/or treatment.
118.3
waste reduction, reuse and recycling. Follow- For this, long-term and holistic “umbrella 120
113.9
ing the circular economy framework, the latter legislation” setting concrete goals and pro-
embodies producer responsibility for packag- viding consistent guidance towards a circular 110 106.7 Gross Domestic Product (GDP)
105.1
ing waste by making producers and importers low-carbon economy is required. By looking 100 100 101 Net waste volume
of goods responsible for recycling, treatment into Germany’s current policy and legislation 100 100
Waste intensity
and disposal of their products in a post-use as well as the history of its development, this 90.1
phase. Meanwhile, numerous ordinances diver- report aims to provide an insight for further 90 89.5 86.4
83.8
sified by the type of waste (e.g. Biowaste Or- legislative advancement of China’s waste 82
79.3
dinance) or by the method of waste treatment management towards low-carbon integrated 80 78.5
and disposal (e.g. landfill, compost) control approach. 75.6
73.3
72.1
environmental pollution and GHG emissions 70
occurring in waste management operations. 2000 2003 2006 2009 2012 2015
Source: BMU (2018)
Figure 1. GDP and waste generation in Germany, 2000-2015. Source: BMU (2018) 1
Figure 1. GDP and waste generation in Germany, 2000-2015. Source: BMU (2018) 1
Among the European countries as well as globally Germany has relatively high per capita waste
generation.
Among In 2017, itcountries
the European was estimated
as wellatasthe level (European
of 633 kg per person
average is per
486 year (European
kg/person 2
) . Ataverage
the is
2
486 kg/person) . At the same time, as mentioned before, Germany is well known
globally Germany has relatively high per capi- same time, as mentioned before, Germany is for its advanced waste
disposal
ta waste and treatment
generation. performance.
In 2017, According to
it was estimated theknown
well data from
for itstheadvanced
Federal waste
Statistics Department,
disposal
since
at the 2010
level the country
of 633 hasperson
kg per been showing
per year a continuous increaseperformance.
and treatment in recovery rates (including
According to theenergy
recovery, recycling, reuse) against the backdrop of decreasing volumes of waste disposal. Furthermore,
Germany reduced 56 million t CO2e of greenhouse gas (GHG) emissions since 1990 through the ban on
disposal of untreated organic waste and an increase in recycling and energy harvesting. 3
90 89.5 86.4
83.8
82
79.3
80 78.5
6 | GERMANY’S WASTE MANGEMENT POLICY DEVELOPMENT 75.6 GERMANY’S WASTE MANGEMENT POLICY DEVELOPMENT | 7
72.1 73.3
70
2000 2003 2006 2009 2012 2015
data from the Federal Statistics Department, Source: BMU
Waste disposal and treatment (2018) has
in Germany to the EU Eco-design guidelines.
Current trends and goals
since1.2010
Figure the waste
GDP and country has been
generation showing2000-2015.
in Germany, a evolved
Source: toward high1 recovery rate as can be
BMU (2018)
continuous increase in recovery rates (includ- seen in the Figure 2. In 2018, the recovery Germany’s waste management goals follow its 3. Improvement of recycling: From 2019, the
Among the European countries as well as globally rate
ing energy recovery, recycling, reuse) against reached
Germany has81relatively
% whereby
high69%per of waste
capita waste circular economy framework, focusing on recy- target for recycling rate for plastic pack-
generation.
the backdropIn 2017, it was estimated
of decreasing volumesatofthe level of 633
waste werekgrecycled.
per personAsper year (European
of 2015, had 1,143
Germany average is cling, reuse and reduction of waste as well as aging has been raised to 58.5% from the
486 kg/person) 2
. At the same time,
disposal. Furthermore, Germany reduced 56as mentioned landfills, 76 incineration plants and 2,171
before, Germany is well known for its advanced waste
aiming at cutting environmental pollution from previous 36%. In 2022, it shall reach 63%
disposal and treatment performance.
million tCO2e of greenhouse gas (GHG) emis- According to the data from
recovery the Federal
facilities Statistics
including energyDepartment,
recovery, as defined by the Packaging Act. BMU will
waste management operations. In the Circular
since 2010 the country has been showing
sions since 1990 through the ban on disposal a continuous increase in recovery rates (including
recycling and backfilling facilities 4
. energy begin a new recycling plan to increase
recovery, recycling, reuse) against Economy Act, revised in 2012, Germany sets
of untreated organic waste and the backdrop in
an increase of decreasing volumes of waste disposal. Furthermore,
recovery rates that will become mandatory in demand for secondary raw materials.
Germany reduced 56 million t
recycling and energy harvesting2 3. CO e of greenhouse gas (GHG) emissions since 1990 through the ban on
disposal of untreated organic waste and an increase in recycling and energy harvesting. 3 2020. As a preparatory measure, the country
aims to reach at least 65% of MSW reuse and 4. Improvement of biowaste use: Under the
recycling by 1 January 2020. framework of the “Germany Biowaste Bin
Campaign” (Aktion Biotonne Deutschland),
100
One of the major focus points of the current BMU will support local communities with
90 Landfill,
79 79 79 81
18% policies is plastic waste and, in particular, waste management advice to promote
80 74
68 68 single-use plastics. In 2018, Svenja Schulze, high quality waste segregation at source,
70 and this way, to avoid plastic ending up
Inciner
German Federal Minister for the Environ-
60 Recovery rate in the biowaste bin as well as to prevent
ation, ment, Nature Conservation and Nuclear Safety
50 Disposal rate 1% biowaste being thrown into the bin for
(BMU), presented five measures to reduce
40 32 32 plastic waste, to strengthen application of its residual waste. Currently, almost 50% of
26
30 21 21 21 19 alternatives and to improve recycling. The plan biowaste lands in residual waste bins,
20
Recycling, combines obligatory and voluntary measures, while plastic bags, glass and other mate-
10 69% and will be carried out with a promotional rials are thrown into the biowaste bin and
0 Energy recovery, campaign called “No to disposal plastic soci- contaminate organic waste, making the re-
2000 2003 2006 2009 2012 2015 2018 12%
ety” under the motto “Less is better”. The key covery process more complicated as well
Development of recovery and disposal Waste disposal and treatement in elements of the strategy are as follows: as less efficient. “Germany Biowaste Bin
rate from 2000 to 2015 (%) 2017 (%) Campaign” also targets the market for the
1. Reducing unnecessary plastic products and products of biowaste treatment, including
Figure 2. Development and current status of waste disposal and recovery in Germany. Source: Statistish- development and application of stricter
packaging: The federal government sup-
es Bundesamt (2019)5.
ports a Europe-wide ban on disposable regulatory measures for the quality of
1
BMU (2018). Waste Management in Germany 2018. Retrieved from plastic products. At the national level, a compost.
https://www.bmu.de/fileadmin/Daten_BMU/Pools/Broschueren/abfallwirtschaft_2018_en_bf.pdf
2 Eurostat, Municipal waste statistics (2017). Municipal waste generated, 2017. Retrieved from https://ec.europa.eu/eurostat/statistics-
dialogue with handlers will be launched to
explained/index.php/Municipal_waste_statistics
3 BMU (2018). Waste Management in Germany 2018. Retrieved from
achieve voluntary commitments to reduce 5. International engagement against marine
https://www.bmu.de/fileadmin/Daten_BMU/Pools/Broschueren/abfallwirtschaft_2018_en_bf.pdf the number of plastic bags and the volume litter and for sustainable use of plastic:
of packaging. At the international level, Germany calls
3
to tackle the issue of marine litter and
2. Eco-friendly design of packaging and prod- improve resource efficiency. In particular,
ucts: The government considers increase of BMU plans to allocate a total of 50 million
the participation fee for dual system. The EUR to support developing countries in im-
companies/dealers that use packaging that plementing practical measures to reduce
is easy to recycle or consists of recycled plastic pollution of marine environment.
materials will pay less than the compa-
nies/dealers that apply less environmen- In September 2019, BMU also announced plans
tally-friendly materials. BMU also propos- for banning lightweight plastic carrier bags
es a new Eco-design system in accordance nationwide starting from 2020. It is estimat-
8 | GERMANY’S WASTE MANGEMENT POLICY DEVELOPMENT GERMANY’S WASTE MANGEMENT POLICY DEVELOPMENT | 9
II. German Waste Management Policies
and Strategies
ed that currently each German citizen uses Last but not least, the sector is also driven by Basic Principles
approx. 20 such bags per year. the self-commitment of stakeholders respon-
sible for waste management service. Thus, »» Waste Hierarchy Principle: waste preven-
Beyond these plans, waste management over- country’s landfill operators announced their tion, reuse, recycling, (energetic or other)
all is one of the key elements of the German intention to reduce methane emissions by 1 recovery, disposal
Climate Protection Program 2030. It is expect- million tonnes CO2e by 2027 through optimized
ed that until 2030 GHG emissions from the gas collection and its more effective energetic »» Polluter-Pays Principle: those generating
waste sector will have decreased to the level utilization. If the pledge of the landfill opera- waste also pay for its treatment – this
of around 5 million tonnes CO2e/year – a 50% tors is considered, German waste sector will is needed in order to create necessary
reduction in comparison to the emission levels overachieve its 2030 goal, decreasing GHG investments and incentivize environmental-
of 2016. In total, by achieving this goal, Ger- emissions to approx. 4,5 million tonnes CO2e ly-friendly behavior
many will emit 87% less GHGs from the waste annually.
sector than it did in 1990. »» Precautionary Principle: the government
has the duty to intervene in order to pre-
vent possible damage to the environment/
human health
References:
»» Proximity Principle: waste should be treat-
ed/disposed of as close as possible to the
1. BMU (2018). Waste Management in Germany 2018. Retrieved from https://www.bmu.de/file-
place of its origin in order to avoid unnec-
admin/Daten_BMU/Pools/Broschueren/abfallwirtschaft_2018_en_bf.pdf
essary transportation as well as associat-
2. Eurostat, Municipal waste statistics (2017). Municipal waste generated, 2017. Retrieved from
ed environmental pollution and risks
https://ec.europa.eu/eurostat/statistics-explained/index.php/Municipal_waste_statistics
3. BMU (2018). Waste Management in Germany 2018. Retrieved from https://www.bmu.de/file-
»» Subsidiarity Principle: who is doing the
admin/Daten_BMU/Pools/Broschueren/abfallwirtschaft_2018_en_bf.pdf
job, depends on who is doing it best. Cost,
4. Eurostat, waste generation and treatment (2014). Number and capacity of recovery and
benefit and efficiency are often determined
disposal facilities. Retrieved from https://appsso.eurostat.ec.europa.eu/nui/submitViewTable-
by proximity to waste generation and
Action.do
treatment
5. Statistisches Bundesamt (2019). Waste balance 2017. Retrieved from https://www.destatis.
de/EN/Themes/Society-Environment/Environment/Waste-Management/Tables/liste-brief-
overview-waste-balance.html
10 | GERMANY’S WASTE MANGEMENT POLICY DEVELOPMENT GERMANY’S WASTE MANGEMENT POLICY DEVELOPMENT | 11
Waste hierarchy
HIGHEST PRIORITY
PREVENTION
PREPARATION FOR RECOVERY
RECYCLING
OTHER RECOVERY
e.g. energy
DISPOSAL
LOWEST PRIORITY
Proximity principle
Waste should be
disposed of close to
where it arises to
avoid unnecessary
Precautionary Principle
transportation and the related
The state has the
environmental impacts and risks.
duty to intervene
If environment-friendly capacity
to avert potential
is located further away, how-
hazards arising
ever, transportation may make
from waste disposal, as it does
sense – possibly including to
elsewhere. For example, it can
another country.
make use of alternative funding
Polluter-Pays Principle systems or waste management
structures of its own to attain
The waste producer or the goals of advanced waste
owner is the potential management.
polluter and carries
the responsibility (including Subsidiary principle
financially). The polluter pays
Tasks are carried
principal creates the neces-
out at the level best
sary incentives for environ-
suited to handling
ment-friendly conduct and the
them, whether by the private
required investment.
sector or the state, at national
or local level. Costs, benefits Principles of
and efficiency often come down sustainable waste
to proximity to where waste
arises and is treated. management
Figure 3. Principles of sustainable waste management. Source: Modern waste - Goals and Paths: Germa-
ny’s expertise for an advanced circular economy. Source BMU (2016)
12 | GERMANY’S WASTE MANGEMENT POLICY DEVELOPMENT GERMANY’S WASTE MANGEMENT POLICY DEVELOPMENT | 13
Circular Economy end-of-life vehicles, WEEE, batteries and »» Der Grüne Punkt (The Green Dot) by Ordinance (currently, the Packaging Act (Ver-
waste oils. Duales System Deutschland Ltd. (DSD) packG)). The authorized companies for dual
“Circular economy”, a top priority for German system carry the producer responsibility on
environmental policy, is embedded in country’s »» Extended Producer Responsibility The dual system was created as a result of behalf of the contracted manufacturers by
waste management strategies. Market-based (EPR) the Packaging Ordinance from 1991. Grüne managing collection, sorting, recycling of their
policy instruments and initiatives such as Punkt, a symbol of Germany’s EPR, is one of packaging waste. The following diagram illus-
Product Responsibility Scheme (PRS), Ex- EPR draws upon PRS and underlines the the authorized companies operating within trates the scheme of the Grüne Punkt .
tended Producer Responsibility (EPR), Pay- responsibility of manufacturers and importers the system in compliance with the Packaging
As-You-Throw (PAYT) mechanism, as well for the environmental impacts of their prod-
as Public-Private Partnerships are essential ucts throughout the whole product life-cycle,
elements, supporting circular economy, helping including upstream impacts from the selection
to improve resource efficiency and minimize of materials, impacts from the production
negative impacts during products’ life-cycles. process itself, and downstream impacts from
the use and treatment/disposal of the used
»» Product Responsibility Scheme (PRS) products. Washing-up liquids
Manufacturers Private
Product responsibility scheme (PRS) is based Under EPR, producers support/pay the costs of and the retail
collecting, transporting, recycling and treat- Consumer
on the idea that conditions for effective and sector
environmentally friendly waste prevention and ing/disposing their products at the post-use
recycling are anchored in the design phase phase. The scheme may take the form of a Ec
o-
n
reuse, buy-back, or recycling programs and fri
tio
of goods. It sets out the concept that waste en
ica
Sy dl
gives manufacturers and importers an oppor- st y
un
prevention can best be achieved if the produc- em de
m
tunity to choose how the scheme will oper- sig
m
pa
Co
er is held responsible for the amount of waste rti n
generated. Thus, manufacturers of goods must ate, enabling them to secure better access cip
at
to secondary materials for their own supply ion
design their products to minimize waste that
will occur during production and subsequent chains. OECD countries demonstrate strong
use. They also must consider the post-use trend towards the extension of EPR to new
phase and guarantee that the product can be products, product groups and waste streams
such as WEEE (waste electric and electronic Granulate Bottle for washing-up liquid
reused/recycled or at least treated/disposed
of in an environmentally sound manner. equipment).
The legal basis for PRS includes the Circular EPR is an essential element for achieving
io ns
recycling quotes and triggering a shift to- at
Or
Economy Act (KrWG) and the Federal Immis- ul n
de
wards a circular economy. In Germany, EPR is ip ito
St
rin
sion Control Act (BlmSchG). Product respon- a
nt
g
anchored in a so-called dual system (Duales e
sibility has been introduced for packaging, c um
System Deutschland). Do
Sorting /
References: Collection
Recovery
• https://dejure.org/gesetze/KrWG/23.html
• https://de.wikipedia.org/wiki/Produktverantwortung
• https://www.umweltbundesamt.de/themen/abfall-ressourcen/produktverantwortung-in-der-abfall-
wirtschaft
• http://www.oecd.org/env/tools-evaluation/extendedproducerresponsibility.htm
• https://www.theguardian.com/suez-circular-economy-zone/2017/may/10/extended-producer-respon-
Used packages
sibility-the-answer-to-cutting-waste-in-the-uk
• https://en.wikipedia.org/wiki/Extended_producer_responsibility Fig 4. The Principle of EPR under the dual system.
Source: https://www.grontpunkt.no/media/2866/2017-11-22-denison-dsd-oslo-final.pdf
14 | GERMANY’S WASTE MANGEMENT POLICY DEVELOPMENT GERMANY’S WASTE MANGEMENT POLICY DEVELOPMENT | 15
»» Pay-As-You-Throw (PAYT) Mechanism if fees are only levied on the quantities of
collected waste.
The “pay-as-you-throw” (PAYT) is an economic
instrument for waste management that ap- German cities and counties operate various
plies the ‘polluter-pays-principle’ by charging schemes, having the right to develop and im-
the city dwellers according to the amount of pose charges according to the subsidiary prin-
waste they generate. ciple. Most of the PAYT systems based on the
approach that households pay less for sepa-
The most common forms of PAYT schemes are rately collected waste than for mixed resid-
volume-based schemes (choice of container ual waste. In some cases, cities only charge
size); sack-based schemes (number of sacks residents for the amount of residual waste
set out for collection); weight-based schemes generated, while in case of more elaborated
(the weight of the waste collected in a given systems, charges also apply to the generated
container); and frequency-based schemes (the organic, green and/or bulky waste.
frequency with which a container is set out
for collection). When combined with well-developed infra-
structure to collect the segregated waste
The experience gained so far indicates, that fractions (residual waste, paper and card-
the most feasible PAYT design is when the board, plastics, biowaste, green cut etc.) as
waste fee includes both a basic and a vari- well as upon the condition of a high citizens’
able (service-based) fee, and does not only awareness, PAYT is frequently linked to an
depend on the amount of waste generated. The increase in the collection rates of recyclables
Every manufacturer targeted by VerpackG reduce and/or optimize packaging for recy- inclusion of a fixed (basic) fee helps to avoid and overall reduction of per capita waste
shall sign a contract with a system that will cling. Manufacturers participating in the dual illegal disposal practices which can increase generation.
manage its packaging waste. Manufacturers system can publish the symbol of the system
pay the waste management fee according to on their packaging, indicating to the end user
the weight and material of the packaging they that manufacturers fulfil their obligations
put on the market, which incentivize them to under the VerpackG.
References:
• http://www.mdpi.com/2079-9276/6/1/8
• https://www.umweltbundesamt.de/sites/default/files/medien/378/publikationen/uba_ab-
fall_web.pdf
References:
• http://www.arc.cat/jornades/jornadaprevencio2010/pon_4.pdf
• https://www.gruener-punkt.de
• https://www.grontpunkt.no/media/2866/2017-11-22-denison-dsd-oslo-final.pdf
• https://cdn.ymaws.com/www.productstewardship.us/resource/resmgr/imported/German%20
Packaging%20Case%20Studies%20Apr09%20Power%20Point.pdf
• Der Grüne Punkt and other European producer responsibility organisations (PROs) have
formed PROsPA (Producer Responsibility Organisations Packaging Alliance). The alliance »» Public-Private Partnerships return, the private partner may either receive
fees charged from the end-users by public
fosters the exchange of knowledge and experiences between PROs operating in differ-
Public-Private Partnerships (PPPs) are under- authorities or acquire the right to charge the
ent settings. https://www.gruener-punkt.de/en/communication/news/article/details/
stood as long-term contractual relationships fees itself. Such partnerships provide attrac-
der-gruene-punkt-joins-new-alliance-of-leading-european-producer-responsibility-organisa-
between a public and a private partner for the tive models for financing capital-intensive in-
tions.html
provision of public infrastructure/ services. frastructure for MSW treatment and disposal,
• Der Grüne Punkt presents an online guide to Design4Recycling / Easy-read brochure on the
Within such a setup, the private partner may including integrated screening, sorting, recy-
recycling-friendly design of plastic packaging. https://www.gruener-punkt.de/en/communica-
assume investment into the infrastructure cling facilities as well as facilities for biolog-
tion/news/article/details/kunststoffverpackungen-recyclinggerecht-gestalten.html
and/or facilities construction and operation. In ical and thermal treatment. Experiences show
16 | GERMANY’S WASTE MANGEMENT POLICY DEVELOPMENT GERMANY’S WASTE MANGEMENT POLICY DEVELOPMENT | 17
III. Regulatory Framework
Germany as the member state (MS) of the Eu- so-called “shared competences”, meaning that
ropean Union (EU) is widely influenced by the both the EU as well as the German Federal
EU laws & policies. Thus, EU legislation forms Government can pass laws to address the
the context and constitutes an essential part issue. Thereby, the following hierarchy of leg-
of the German legal framework. In addition, islation shall be applied when examining the
waste management, falling under the broader waste management policies in Germany:
scope of environmental laws, is a subject of
1. European laws
Waste management is governed by a number of European regulations and directives.
The former automatically apply to each of the MS, while the latter must be separate-
ly transposed into the national law. The basis of the EU legal framework in the waste
management field is the Waste Framework Directive (2008/98/EC).
2. German Federal law
The Circular Economy Act (KrWG) is currently Germany’s main waste management stat-
that PPPs can also contribute to lowering both throughout the entire facility life-cycle. ute setting goals and defining principles of waste management in the country as well as
investment and lifecycle costs of the infra- taking into consideration fundamentals set out in the Waste Framework Directive.
structure projects. However, their efficiency In Germany, the provision of public services Disposal of specific waste streams (e.g. end-of-life vehicles, used batteries and end-
and impact largely depend on the agreements with support of the private sector has been of-life electronic and electrical devices) is governed by the separate laws such as End
made between public and private partners to gaining more and more importance. Histori- of Life Vehicles (ELV) regulation (AltfahrzeugV), Battery Act (BatterieG) and Electronic
provide sufficient incentives for continuous cally, this model was driven by a number of Devices Act (ElektroG).
private investments and quality maintenance policy reforms, inter alia, introduction of EPR.
of the waste management facilities. Other Till date, it has fueled the creation of a waste 3. State Law of of German Federal States
key aspects to be considered include: (1) the management industry with more than 250,000 KrWG is further differentiated by the waste management state laws, but they only have
transparency and fairness of the partnerships employees and an estimated annual turnover jurisdiction over those aspects of waste management that are not regulated by the
and of the market competition to drive down of around 50 billion EUR. federal law such as implementation-related matters. The states are also responsible for
costs; (2) the provision of a sound financial drafting waste management plans and concepts as well as aggregating statistics in-
basis which guarantees availability of funds cluding type, origin and volume of waste generated.
4. Municipal waste disposal law
Further specification of implementation-related matters takes place on the municipal
level as municipalities define how public infrastructure will be used, what system of
References: waste segregation and collection will be practically applied etc. In addition, municipali-
• Sino-German Dialogue Forum on Environment and Climate Change: Exploring Solutions in ties set charges for waste collection. The collection and recovery of household waste at
Urban Solid Waste Management, Beijing, June 6, 2018 the municipal level are governed by municipal ordinances.
18 | GERMANY’S WASTE MANGEMENT POLICY DEVELOPMENT GERMANY’S WASTE MANGEMENT POLICY DEVELOPMENT | 19
»» Circular Economy Act (Kreislaufwirtschaftsgesetz (DE KrWG 2012))
Framework legislation in waste management
The German KrWG serves as the main federal The law also contains a new provision con-
law regulating waste management in Germa- cerning the distinction between waste and
ny. It draws upon the Circular Economy and by-products, defining “by-product” as a sub-
Waste Management Act from 1996 (Kreis- stance that is produced in connection with
laufwirtschafts- und Abfallgesetz (KrW-/AbfG the manufacturing of another substance or
1996) and implements the EU WFD. Based on product. A by-product shall meet certain
the requirements of the EU WFD, a five-level criteria (possibility of reuse; no or limited
»» EU Waste Framework Directive (EU WFD) 2008 (Directive 2008/98/EC) waste hierarchy is introduced in the KrWG. pre-processing; inherent to the manufacturing
Another central concept of the law is producer process; not hazardous for health and envi-
responsibility. It calls on manufacturers to de- ronment).
The EU WFD 2008 is currently the major by-products. sign and produce their products in such a way
EU law on waste. It provides an overarch- • Waste management must be carried out that it will lead to avoidance of waste and/ In order to promote recycling, the KrWG sets
ing legislative framework, defines terms and without any risk to water, air, soil, plants or will ensure a smooth recycling process. recycling rates that will become mandatory in
basic requirements to waste management. The or animals, without causing a nuisance Producer responsibility can be implemented 2020. In addition, since 2015 the law obliges
WFD also requires the MS to set up separate through noise or smells, or harming the through legal measures as well as through all municipalities in Germany to separately
collection of waste where appropriate, and to countryside or places of special interest. voluntary commitments by manufacturers and collect bio-, paper, metal, plastic and glass
draw up waste management plans and waste • Generators or holders of waste must treat distributors. waste (few exemptions possible).
prevention programs. It has been original- it themselves or have it handled by an
ly built upon the EU WFD 1975 (Directive officially recognized operator. The oper- The KrWG makes a distinction between the The KrWG is supplemented by a series of stat-
75/442/EEC), which was the first directive on ators require permits and are inspected two different types of waste: utory acts and ordinances such as the Waste
waste and included requirements on waste periodically. Catalogue Ordinance, Biowaste Ordinance,
treatment for the MS. • Competent national authorities must • Waste for recycling or energy recovery Landfill Ordinance, Packaging Act etc. As a
establish waste management plans and (responsibility with the waste owner or rule, they serve to specify and complete the
Key points of the EU WFD 2008 are: waste prevention programs. generator) provisions of the KrWG.
• Special conditions apply to hazardous • Waste for disposal (responsibility with the
• The legislation establishes a waste hierar- waste, waste oils and biowaste. As for the public waste disposal carrier) Access: https://www.gesetze-im-internet.de/
chy: prevention, re-use, recycling, recovery latter, the MS are required to promote a krwg/KrWG.pdf
for other purposes (e.g. energy generation) separate collection of biowaste to treat it
and disposal. according to the waste hierarchy and to
• It confirms the ‘polluter-pays principle’ use the materials produced from biowaste.
whereby waste generators must pay the • It sets binding recycling and recovery tar-
corresponding cost of waste management. gets to be achieved by 2020 for household »» Regulation on the Verification of Waste Disposal (Verordnung über die Nach-
• It introduces the concept of ‘extended pro- waste (50 %) and for construction and weisführung bei der Entsorgung von Abfällen (NachwV 2006))
ducer responsibility’. This may include an demolition waste (70 %).
obligation of manufacturers/distributors/
importers to accept and dispose products Access: https://eur-lex.europa.eu/legal-con-
returned after use. tent/EN/TXT/?uri=legissum:ev0010 The NachwV is an implementing provision to Electronic Waste Documentation (electronic
• It makes a distinction between waste and the KrWG. It regulates the verification process waste collection) for hazardous waste since
of waste disposal as well as determines its April 1, 2010.
type and scope. The version that came into
force in January 2007 includes important Access: https://www.gesetze-im-internet.de/
innovations such as the omission of the sim- nachwv_2007/NachwV.pdf
plified disposal certificate, and the mandatory20 | GERMANY’S WASTE MANGEMENT POLICY DEVELOPMENT GERMANY’S WASTE MANGEMENT POLICY DEVELOPMENT | 21
»» European Waste Catalogue (2014/955/EU)
Biowaste
The European Waste Catalogue classifies influences the requirements/obligations estab-
waste mainly according to the sector of origin lished for all parties involved in the disposal
and assigns it to a certain waste type with a process.
specific code number. The aim of the waste
classification is the Europe-wide uniform In Germany, it was converted into the national
waste designation. The European Waste Cat- law by the Waste Catalogue Ordinance (AVV).
alogue distinguishes between dangerous and
non-hazardous waste types. It also determines Access: https://www.umweltbundesamt. »» BioWaste Ordinance (Bioabfallverordunung (DE BioAbfV 2013))
the dangerousness of waste (depends on de/sites/default/files/medien/2503/doku-
the content of hazardous substances), which mente/2014-955-eg-de.pdf
The Biowaste Ordinance is one of the major substances in the products of biowaste treat-
legislative documents implementing the KrWG ment, defines conditions for their application,
since it regulates recycling/reuse (and treat- as well as stipulates obligations to prove that
ment) of organic waste. The ordinance applies waste management companies, producers,
to treated (compost, digestate) and untreated owners, handlers and generators of biowaste
»» Waste Catalogue Ordinance (Abfallverzeichnis-Verordnung (AVV 2001))
biowaste that is used on land for landscap- and mixtures are compliant with the specific
ing, agricultural, silvicultural and horticul- requirements.
tural purposes, as well as targets all parties
AVV is used to designate and classify wastes of Annex I comprises a total of 232 types of involved in biowaste production, collection, In § 2, the terms biowaste, treatment, un-
according to the monitoring needs. It was waste. transport, treatment and use. The ordinance treated biowaste, treated biowaste and mix-
adopted on December 10, 2001 to implement contains information and requirements on tures are defined by law.
the European Waste Catalogue (EWC). The AVV Access: https://www.gesetze-im-internet.de/ suitable input materials, processes, quality,
consists of three paragraphs and the Waste avv/AVV.pdf disease and phytohygienic safety, contami- Access: https://www.gesetze-im-internet.de/
Catalogue as an attachment. The waste list nant limits, heavy metal contents and foreign bioabfv/BioAbfV.pdf22 | GERMANY’S WASTE MANGEMENT POLICY DEVELOPMENT GERMANY’S WASTE MANGEMENT POLICY DEVELOPMENT | 23
»» Federal Soil Protection Act and Federal Soil Protection Ordinance
Fertilizer (Bundes-Bodenschutzgesetz (DE BBodSchG 1999) und Bundes-Bodenschutz- und
Altlastenverordnung (DE BBodSchV 1999))
Both documents set legal framework with re- Access: https://www.gesetze-im-internet.de/
»» EU Fertilizer Regulation (2003/2003/EC) gard to soil protection and pursue the goal of bbodschv/BBodSchV.pdf
securing sustainability or restoring soil func-
tions. Due to their subject, they are relevant Access: https://www.gesetze-im-internet.de/
This EU-level law regulates production, com- economy with closed loops of resources, new
for the legislation on fertilizers and, subse- bbodschg/BBodSchG.pdf
position and labelling of fertilizers and lays regulations are under discussion, including a
quently, biowaste.
down rules applying to the products placed revised EU Fertilizer Regulation, which would
on the market as fertilizers. The regula¬tion promote the use of organic and waste-based
contains requirements on the permitted in- fertilizers. The draft of the revised EU Fertiliz-
put material, the content and the efficacy of er Regulation “contains several elements that
nutrients. In addition, it limits the quantity of will help create a level playing field for all
undesirable substances. Fertilizers are de- fertilizing products, while at the same time Animal By-product
fined by the Article 2 as the materials, main ensure high safety and environmental protec-
function of which is to provide nutrients for tion standards”.
plants. The regulation includes provisions on
packaging, labelling, identification and trace- Access: https://eur-lex.europa.eu/legal-con-
»» EU Animal By-Products Regulation (1069/2009/EC)
ability of fertilizers/fertilizing products. With tent/EN/TXT/?uri=celex:32003R2003
the objective of achieving an EU-wide circular
This regulation lays down rules/requirements by-products are allowed to be composted or
for composting and anaerobic digestion facili- digested and, after this, used in agriculture.
»» Fertilizer Act (DE DüMG 2009) ties, which treat animal by-products. Together The catering waste is a subject of this regu-
with the EU Fertilizer Regulation 2003/2003/ lation.
EC, it provides specific requirements for input
The Fertilizer Act (DE DüMG 2009) has soil fertility as an essential goal of fertilizer material and for the use of resulting com- Access: https://eur-lex.europa.eu/legal-con-
emerged from the reform of the Fertilizer Act application. post or diges¬tate. The Animal By¬-Prod¬ucts tent/EN/TXT/?uri=CELEX:32009R1069
of 1977 (DE DüngMG 1977) and now regulates Regulation specifies, inter alia, which animal
both the placing of fertilizers on the market Access: https://www.gesetze-im-internet.de/d_
and the process of applying the fertilizer (Dü- ngg/DüngG.pdf
ngung). A key innovation is the formulation of
»» Animal By-Products Disposal Act and Animal By-Products Disposal Ordinance
(Tierische Nebenprodukte-Beseitigungsgesetz (DE TierNebG 2004) und Tierische
»» Fertilizer Ordinance (Düngeverordnung, DüMV 2012) Nebenprodukte- Beseitigungsverordnung (DE TierNebV 2006))
As the implementing ordinance to the Fer- limits values for contaminants such as heavy Both documents supplement the implementa- ation/co-incineration, composting, anaerobic
tilizer Act 2009, the German Fertilizer Ordi- metals for compost or digestate intended to tion of the EU regulation in Germany. Thus, the treatment, fodder).
nance (DE DüMV) regulates the application of be used as fertilizer, soil improver, growing ordinance classifies animal by-products into Access: https://www.gesetze-im-internet.de/
fertilizers, soil additives, growing media and media, or plant additives. The ordinance also three risk categories according to the degree tiernebg/TierNebG.pdf
plant additives according to the principles of regulates labeling of fertilizers. of danger they pose to human and animal Access: https://www.gesetze-im-internet.de/
a good fertilizer practice. It specifies minimum Access: https://www.gesetze-im-internet. health. Different risk categories have to be tiernebv/TierNebV.pdf
contents or tolerances of the ingredients and de/d_v_2017/DüV.pdf processed or disposed of differently (inciner-24 | GERMANY’S WASTE MANGEMENT POLICY DEVELOPMENT GERMANY’S WASTE MANGEMENT POLICY DEVELOPMENT | 25
»» Directive (EU) 2015/720 on Reducing the Consumption of Lightweight Plastic
Packaging Waste Carrier Bags
The Directive contains provisions to reduce the and to 40 units per inhabitant per year by
use of lightweight plastic carrier bags. The the end of 2025. The choice of instruments to
MS are obliged to reduce the consumption of implement the Directive is open to the MS.
plastic carrier bags to a maximum of 90 units Access: https://eur-lex.europa.eu/legal-con-
per inhabitant per year by the end of 2019 tent/EN/TXT/?uri=legissum:200403_2
»» European Directive on Packaging and Packaging Waste (PPWD) (94/62/EC)
»» Packaging Act (Verpackungsgesetz, VerpackG)
The aim of the Directive is to harmonize the sures to prevent packaging waste and to The Packaging Act came into force on January the system, Central Point, a national au-
different measures of the MS in the field of develop packaging reuse systems. The original 1, 2019, replacing the Packaging Ordinance thority, established by manufacturers and
packaging and packaging waste management 1994 Directive, and the amended version from 1998. The latter obliged all manufacturers/ related associations, is responsible for the
and to ensure a high level of environmen- 2018, set targets with regard to recovery and importers of goods intended for private con- supervision of the packaging registration,
tal protection. The Directive aims to prevent recycling of packaging waste, including mod- sumption on the German market to participate as well as for the data management and
packaging waste in the first place, to recover ified requirements on lightweight plastic car- in an authorized system for recycling and dis- publication to achieve full transparency.
unavoidable waste and, as a result, to reduce rier bags (plastic bags). The targets promoted posal of packaging waste (“dual system” – for • New registration requirement (§9)
the final disposal of packaging waste. by the Directive are as follows: more information refer to the section II). The Every manufacturer is obligated to register
The Directive requires the MS to take mea- Packaging Act reinforces the system by estab- online at the Central Point before putting
lishing a centralized control and supervision their products on the market. Products
mechanism aimed at preventing “free riding” without registration cannot access German
By 2025 By 2030 and improving the efficiency of recycling. market. The registered manufacturers will
be disclosed at the online portal of the
50 % of plastic 55 % of plastic;
As part of the act, recycling targets for the Central Point.
25 % of wood; 30 % of wood; different packaging materials are established. • New reporting requirement (§10)
Thus, by 2022, the recycling of plastic pack- All manufacturers subjected to VerpackG
70 % of ferrous metals; 80 % of ferrous metals; aging should reach 63% (from the current are obligated to report the volume and
50 % of aluminium; 60 % of aluminium; 36%). A 90% recycling target has been set for material of packaging they put on the
metal, glass, paper and cardboard. market to the Central Point. The data shall
70 % of glass 75 % of glass also specify the dual system that the
75 % of paper and cardboard 85 % of paper and cardboard The Act applies to all manufacturers, import- manufacturer is participating in. Since the
ers, distributors and online retailers placing Act does not contain any threshold with
goods on the German market. All companies regard to the size of the company that is
The Directive also sets an overall target for respectively. which sell goods in Germany must prepare to subjected to the mandatory reporting, even
recycling of all packaging waste by weight participate in a dual system to arrange for small-scale manufacturers/importers/dis-
at the level of 65% and 70% that are to be Access: https://eur-lex.europa.eu/legal-con- packaging waste recovery/recycling to contin- tributors shall register and report to the
achieved by 31 December 2025 and 2030 tent/EN/TXT/?uri=celex:32018L0852 ue trading in the country. Central Point.
The biggest changes made in the VerpackG are Violations of the Packaging Act can result in
the following: substantial fines reaching up to EUR 200,000.
• Establishment of a national authori-
ty (Central Point (Zentrale Stelle, §24)) Access: http://www.gesetze-im-internet.de/
For the transparency and centralization of verpackg/index.html26 | GERMANY’S WASTE MANGEMENT POLICY DEVELOPMENT GERMANY’S WASTE MANGEMENT POLICY DEVELOPMENT | 27
E-Waste Landfill
»» Restriction of Hazardous Substances Directive (RoHS 2 Directive 2011/95/EC) »» EU Landfill Directive (EU LD 1999) (1999/31/EC)
and Directive on waste electrical and electronic equipment (WEEE Directive
2012/19/EU)
The EU LD 1999 regulates management of the Directive must be assigned to a haz-
waste landfills in the EU. The Directive’s ardous waste landfill;
The RoHS Directive restricts the use of certain Access: https://eur-lex.europa.eu/ overall aim is “to prevent or reduce as far as • landfills for non-hazardous waste must be
hazardous substances in electrical and elec- legal-content/EN/TXT/?uri=CELEX- possible negative effects on the environment, used for municipal waste and for non-haz-
tronic equipment (EEE), while the WEEE Di- :32012L0019&qid=1434032353636 in particular the pollution of surface water, ardous waste;
rective sets collection, recycling and recovery groundwater, soil and air, and on the global • landfill sites for inert waste must be used
targets for all types of electric and electronic Access: https://eur-lex.europa.eu/legal-con- environment, including the greenhouse effect, only for inert waste;
goods placed on the market. tent/EN/TXT/?uri=CELEX:02011L0065-20171211 as well as any resulting risk to human health, • criteria for the acceptance of waste at
from the landfilling of waste during the whole each landfill class must be adopted by
life-cycle of the landfill”. The Directive is the European Commission in accordance
applicable to all waste disposal sites and with the general principles outlined in the
»» Directive on batteries and accumulators (Directive 2013/56/EU) divides them into three classes: landfills for Directive (Annex II).
hazardous waste, landfills for non-hazardous
waste, and landfills for inert waste. One of the main objectives of the Landfill Di-
The 2006 EU Directive on batteries and accu- hazardous substances (in particular mercury The following waste types are banned from rective is to oblige the MS to take all possible
mulators aims to improve waste management and cadmium), prohibiting batteries or accu- being disposed at landfill sites and must measures to prevent methane emissions from
and environmental performance of batteries mulators that contain more than 0.0005% of either be recovered, recycled or disposed of landfills, reducing the warming of the Earth’s
and accumulators, as well as to ensure func- mercury and 0.002% of cadmium per weight. in other ways: liquid waste, flammable waste, atmosphere. To ensure that bio¬waste is man-
tioning of the single market by establishing explosive or oxidising waste, hospital and aged in accordance with the waste hierarchy,
rules for the collection, recycling, treatment Access: https://eur-lex.europa.eu/legal-con- other clinical waste which is infectious, used the EU LD 1999 stipulates gradual reduction
and disposal of batteries and accumulators. tent/EN/TXT/?uri=CELEX:02006L0066-20131230 tires etc. of the amount of biodegradable waste to be
The Directive also sets limit values for certain landfilled. In addition, it specifies that since
To avoid further risks, there is the following 2009, all landfills operated in Europe should
standard waste acceptance procedure for meet the common requirements or be closed.
landfills:
»» Electrical and Electronic Equipment Act (Elektro- und Elektronikgerätegesetz, • waste must be pre-treated before being Access: https://eur-lex.europa.eu/legal-con-
ElektroG) landfilled; tent/EN/TXT/?uri=legissum:l21208
• hazardous waste within the definition of
In 2005, the EU WEEE directive was trans- take back and dispose of WEEE at their own
posed into German legislation via ElektroG. It charge. Accordingly, private consumers may
manages EEE placed on the market as well return WEEE covered by ElektroG to the near-
as recovery and recycling of WEEE in Ger- est public collection point free of charge.
many, stating the responsibility of producers,
importers and distributors of electronic goods Access: https://www.gesetze-im-internet.de/
for the whole products life-cycle. In particu- elektrog_2015/ElektroG.pdf
lar, those placing EEE on the market, have to28 | GERMANY’S WASTE MANGEMENT POLICY DEVELOPMENT GERMANY’S WASTE MANGEMENT POLICY DEVELOPMENT | 29
environmental effects caused by emissions Access: https://www.gesetze-im-internet.de/
»» Landfill Ordinance (Deponieverordnung (DE DepV 2009))
into the air, water and soil, including waste bimschg/BImSchG.pdf
management, should be avoided and reduced.
The DepV 2009 provides regulations concern- • Landfill Classes I and II - landfills for In order not to interfere into the freedom of * Immission: Immission is the impact of air,
ing the construction and maintenance of land- non-hazardous waste (low organic con- trade, the Act states that the emissions can soil and water pollution on living organisms
fills. It defines different landfill classes (LCs), tent); “non-hazardous waste” includes only be limited according to the principle of or objects such as buildings or people (the
setting requirements for design, operation, treated (incinerated or cremated) domestic proportionality - analogous to their harmful- recipients). The legally defined maximum val-
decommission and aftercare. The main dis- and industrial waste without special moni- ness, i.e. their impact on the environment and ues stipulate the permitted concentration for
tinction between landfills is the type of waste toring requirements; human health. The Act is based on both the many substances. Source: https://www.ikz.de/
that is allowed to be disposed there. • Landfill Class III - above-ground landfill “polluter-pays-principle” and the precaution- ikz-praxis-archiv/p0006/000613.php
for “hazardous” waste; ary principle, and is especially relevant for
The Landfill Ordinance distinguishes between • Landfill Class IV - underground landfill for waste incineration facilities.
five types of landfills (depending on the dan- “hazardous” waste.
ger of the waste to be landfilled):
Access:
• Landfill Class 0 - above-ground landfill for https://www.bmu.de/fileadmin/bmu-import/
inert waste (low-level mineral waste); files/pdfs/allgemein/application/pdf/deponie-
vo.pdf
Compost & Digestate - Quality Assurance
Emissions
»» European Quality Assurance Scheme (QAS) for Compost and Digestate (2010)
QAS is seen as an instrument that would waste hierarchy. For this, the MS can estab-
»» Industrial Emissions Directive (Directive 2010/75/EU) allow the MS to expand composting and lish a quality assurance system (QAS), com-
anaerobic waste treatment activities in order prising an organisation with the competence
to increase material recycling, decrease the to control the quality of compost and diges-
This directive has replaced the former Waste motes the “polluter-pays-principle” to assign amount of biodegradable waste being land- tate (quality assurance organisation, QAO).
Incineration Directive (Directive 2000/76/EC) the cost of facilities updates. Waste incinera- filled, and to consequently implement the
and obliges the MS to control and reduce the tion plants and landfills are the waste man-
impact of industrial emissions on the envi- agement facilities affected by the directive.
ronment. The directive aims to lower emis-
sions from industrial production through an Access: https://eur-lex.europa.eu/legal-con- »» Quality Assurance System (QAS) for Compost & Digestate from Biowaste (1989)
integrated approach and application of Best tent/DE/TXT/?uri=celex%3A32010L0075
Available Technology (BAT) as well as pro-
Germany has been operating QAS since 1989, BGK implements the developed quality stan-
when establishment of the system was driv- dards, appoints quality advisors, supervises
en by the need to guarantee high quality of plant operators and awards the RAL quality
»» Federal Immission* Protection Act (Bundes-Immissionsschutzgesetz (DE compost and digestate as well as to ensure label. In order to be certified according to the
BlmSchG 2002)) compliance with the relevant standards and RAL standards, compost or digestate have to
legislation. The system consists of two organ- meet specific quality requirements, major of
isations - The German Institute for Quality As- which are harmlessness, usefulness, appear-
The BlmSchG regulates the protection of emissions, and aims to achieve a high level surance and Certification (RAL) that develops ance, reliability, and marketability.
people, animals, plants, soil, water, atmo- of environmental protection. In the framework quality standards and accepts the Bundes-
sphere and cultural assets from pollution and of the Federal Immission Control Act, harmful gütegemeinschaft Kompost e.V. (BGK) as QAO.30 | GERMANY’S WASTE MANGEMENT POLICY DEVELOPMENT GERMANY’S WASTE MANGEMENT POLICY DEVELOPMENT | 31
»» Ordinance on Waste Disposal Companies, Technical Monitoring Organisations
Shipment of Waste and Waste Management Communities (Verordnung über Entsorgungsfachbe-
triebe, technische Überwachungsorganisationen und Entsorgergemeinschaften
(EfbV 2017))
»» EU Regulation on the Shipment of Waste (1013/2006/EC) The EfbV regulates the requirements to com- by technical monitoring organisations and
panies and public institutions, that collect, waste management communities.
This EU regulation specifies under which within the EU, its import, export and transit transport, store, treat, recycle, dispose waste
conditions waste can be shipped between through the EU. The law builds upon the Basel or trade it. The EfbV also regulates monitoring Access: https://www.gesetze-im-internet.de/
countries and establishes procedures and Convention on the Control of Transboundary and certification of waste disposal companies efbv_2017/EfbV.pdf
control regimes, depending on the origin, des- Movements of Hazardous Wastes and Their
tination and route of the shipment, the type Disposal.
of waste shipped and the type of treatment »» Commercial Waste Ordinance (Gewerbeabfallverordnung (GewAbfV 2003))
to be applied to the waste at its destination. Access: https://eur-lex.europa.eu/legal-con-
The regulation targets the shipment of waste tent/EN/ALL/?uri=CELEX%3A32006R1013
The Commercial Waste Ordinance (GewAabfV) five categories of the waste mandatory for
is concerned with the management of com- segregation (paper, glass, plastics, metals,
mercial municipal solid waste and certain biowaste) by two more categories (wood and
»» Waste Shipment Act and Waste Shipment Fees Ordinance (Abfallverbringungs- construction and demolition waste, and deter- textiles). The aim is to reduce the incineration
gesetz (AbfVerbrG 2007), Abfallverbringungsbußgeldverordnung (AbfVerbrBußV)) mines that businesses must already separate of commercial waste and increase the recy-
their waste at the point of origin in order to cling rate from 7% to at least 30%.
ensure the highest possible rate of waste
In Germany, the EU Regulation on the Ship- which supplement and clarify the EU Regula- recycling. As from 2017, the new version of Access: https://www.gesetze-im-internet.de/
ment of Waste is implemented by the Waste tion. Herewith, the costs for import and export the ordinance has supplemented the previous gewabfv_2017/GewAbfV.pdf
Shipment Act (AbfVerbrG) and the Waste of waste are determined by the respective
Shipment Fees Ordinance (AbfVerbrBußV), federal states.
Supporting legislation
»» Ordinance on Waste Management Officers (Verordnung über Betriebsbeauftragte
für Abfall (Abfallbeauftragtenverordnung (DE AbfBeauftrV 2016))
This ordinance obliges a wide range of com- and disposal. Waste management officers are
panies to appoint waste management officers obliged to attend trainings at least every two
and sets the corresponding requirements to years.
the position. Thus, the waste manager acts as
a consultant in matters of a circular econo- Access: https://www.gesetze-im-internet.de/
my, in particular, waste prevention, recycling, abfbeauftrv_2017/BJNR278900016.htmlYou can also read
