Commercial waste; application for notification as a body for the performance of third-party inspections.

The Bavarian State Office for the Environment announces bodies that operators of certain pretreatment facilities as defined by the Commercial Waste Ordinance (GewAbfV) must commission in order to fulfill their obligations to arrange for third-party inspections to ensure compliance with certain requirements of this ordinance.

Description

The Commercial Waste Ordinance obliges operators of facilities for the pretreatment of mixed commercial municipal waste and construction and demolition waste that are not certified as waste management facilities to have annual third-party inspections carried out to ensure compliance with the requirements of this Ordinance for the pretreatment facilities (§ 6) and for self-monitoring (§ 10). In principle, these plant operators only meet these obligations if they have the external inspections carried out by bodies that have been notified by a competent German authority (in Bavaria: Bavarian State Office for the Environment). The third-party inspections must be carried out within two months of the end of the year.

In the procedure for notification of a body, it is checked whether the prerequisites for notification of the applicant for the performance of the said third-party inspections are fulfilled (cf. "Prerequisites" below).

Prerequisites

A body shall only be notified for the performance of the aforementioned third-party inspections within the meaning of the Commercial Waste Ordinance if the applicant is

  • is reliable and has the necessary independence to carry out such third-party inspections,
  • has the necessary expertise to carry out such external inspections, and
  • has the necessary technical equipment to carry out such external inspections.

Deadlines

The applicant does not have to observe any deadlines when submitting the application for disclosure as a body.

Required documents

  • Certificate of good conduct

    for those natural persons designated by the applicant who intend to carry out the external checks on their own responsibility

  • Explanation,

    whether and to what extent the applicant is the owner, authorised representative or employee of companies which also operate pre-treatment plants, whether the applicant owns shares in such companies, whether the applicant has advised such companies in the last 2 years.

  • Evidence suitable for proving professional competence,

    which is required for the performance of external inspections to ensure compliance with the requirements of the Commercial Waste Ordinance for the recovery rate and for the documentation of incoming and outgoing deliveries of waste (examination certificates, diplomas, courses and training events attended, previous inspections, references, expert opinions, etc.).

  • For applicants from the EU or EEA foreign countries

    equivalent foreign certificates shall also suffice in addition to the above-mentioned certificates of expertise and reliability if these certificates show that the above-mentioned requirements are met or that the requirements of the foreign country are essentially comparable with these requirements. The State Office for the Environment may require the submission of a certified German translation of such foreign certificates.

Forms

  • Prefillable Form, Bavaria-wide: Formloser Antrag (mit Unterschrift)
    Please note

    This form has to be signed and sent to the responsible authority. You can sign the form manually and send it by email/fax or sign the form electronically with your qualified electronic signature an send it by (secure) email. If the responsible authority has set up a De-Mail account, you can also send the form by De-Mail using an sender-confirmed message.

    Dieser Assistent unterstützt Sie bei der Erstellung eines formlosen Schreibens, wenn die zuständige Stelle kein Antragsformular zur Verfügung stellt.

Online procedures

Fees

  • Fee for the implementation of the procedure for the notification of a body within the meaning of the Industrial Waste Ordinance:
    21 to 2100 €.

Remedy

Administrative court proceedings; information

administrative claim

Status: 08.02.2022

Responsible for editing: Bayerisches Staatsministerium für Umwelt und Verbraucherschutz

Contains machine translated content. Show the original content

  • Online transactions, Bavaria-wide
  • Online transactions, locally limited
  • Prefillable Form, Bavaria-wide
  • Legal bases, Bavaria-wide
  • Legal bases, locally limited
  • Fees, Bavaria-wide
  • Fees, locally limited
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