Transboundary shipment of waste; application for notification
Waste not on the "green list" or destined for disposal may not be shipped across borders until written consent is obtained from the country of dispatch and the country of destination.
In the case of transit through other countries, the countries of transit must also give their consent.
The transboundary import or export of waste is subject to national and international waste legislation.
The waste shipment law applicable in Germany is based on the European Waste Shipment Regulation (VVA). This regulation establishes procedures and control regimes for the shipment of waste, depending on the origin, destination, transport route, type of waste and planned treatment of the waste at its destination. These regulations are supplemented by the national Waste Shipment Act (AbfVerbrG).
The governments decide on the permissibility of importing and exporting waste requiring a permit ("notifiable") in Bavaria. In the case of an export of waste, the government responsible is the one in whose area the transport of the waste begins. In the case of import, the decisive factor is where the waste is to be treated, stored or deposited for the first time.
The competent licensing authority for mere transit through Germany is the Federal Environment Agency.
For wastes listed in Annex IV of the above-mentioned European Regulation "VVA" ("yellow waste list") or for wastes not listed in any of the annexes, a licensing procedure(notification procedure) must be carried out beforehand. In the notification procedure, waste must be tested prior to the start of waste shipments and for each waste shipment. The exporter must apply for the planned shipment of waste to the competent authority of dispatch by means of a notification and movement document and other required documentation.
Transboundary shipments of waste subject to notification are only permitted if the competent authorities of dispatch (exporting country) and destination (importing country) have given their prior written consent. The authorities responsible for transit (transit states) must have given at least tacit consent. The consents of all authorities must be received collectively by the applicant before such a shipment can be made.
As a rule, written consent can be granted for one year.
If consents have been issued by the competent authorities for different periods, a shipment is only permitted for the period to which the consents of all authorities refer in unison.
Wastes on the so-called "Green List" (wastes listed in Annexes III, IIIA and IIIB of the VVA) are subject to the general information requirements and may be shipped across borders within the EU without an official permit, provided that these wastes are recovered.
In this case, the shipment must be documented with the form according to Annex VII of the VVA "Shipment Information". The shipping information must be carried along during transport. This only applies if the supplementary regulations of Regulation (EU) No. 1418/2007 (export to non-OECD countries) do not specify otherwise.
In order to clarify questions regarding the procedure or required documents for intended shipments, prior contact with the competent authority (government) is highly recommended.
Which wastes are classified as "green listed" or "yellow listed" can be found in the "Consolidated Waste Lists" (see "Related Links").
For wastes that cannot be found in these lists, a permit must always be obtained from all competent authorities for export or import in accordance with the "yellow-listed" wastes.
As an exporter, you must apply for the planned shipment in writing to the competent authority of the place of dispatch. Use the notification form for this purpose. You can obtain the form from relevant specialist publishers (see "Further links").
The competent authority examines the application and involves the authorities at the place of destination and possibly also the authorities of the transit countries in the further procedure. The authorities of the place of dispatch and the place of destination must give their written consent to the import or export; in the case of transit states, tacit consent is possible.
As an exporter, you will receive written consent by mail from each of the following
- the competent authority of the place of dispatch and
- the competent authority of the place of destination and
- possibly from the competent authority of transit
If one of the authorities raises objections to the import or export, you will receive these in writing.
For transboundary shipments of waste requiring a permit, the application must always be submitted to the country of dispatch authority, i.e. in Bavaria to the locally responsible district governments. The place where the transport of the waste begins is decisive.
Waste on the so-called "Green List" can be shipped across borders within the EU without a permit, provided it is recycled. The shipment must be documented using the "Shipment Information" form. A disposal contract must also be concluded. The fully and correctly completed "Shipping Information" form must be carried along with the respective shipment. The disposal contract is to be presented to the competent authorities only upon their request.
For an initial application, you should allow at least two months for processing.
Proof of a disposal contract and, if applicable, a brokerage contract or brokerage permit
Approval of the disposal facility
Proof of registration of the transport company(ies) or, in the case of the transport of hazardous waste, the transport permit (transport authorisation).
proof of motor vehicle liability insurance for the means of transport used for the journey
Proof of security
in Annex II of the European Waste Shipment Regulation (VVA) all documents/information are listed,
which must be submitted as part of an application for approval (= notification application) (Part 1 and Part 2) or which may be additionally required by the competent approval authority (Part 3)
Note: In order to clarify the type and scope of documentation to be submitted for the planned export of waste, prior contact with the responsible government is recommended.
in order to clarify the nature and scope of the documentation to be submitted for the planned export of waste, it is advisable to contact the competent government in advance
The fees for the approval of the notification application depend on the individual case. They are based on the type and total quantity of waste that is the subject of the notification, as well as the administrative effort of the competent authority. They range from 100 to 12,000 euros (see List of Costs Tariff No. 8.I.0/50).
In addition, it should be noted that in the case of shipments of waste subject to notification, a security deposit must be lodged or proof must be provided that insurance has been taken out.
The financial guarantee is intended to cover the costs incurred in the event that the notified waste cannot be disposed of as intended and the notifier (applicant) must therefore take back the waste and dispose of it.
The security deposit is levied by the country of dispatch and depends on the type of waste, the transport costs and the storage costs for 90 days and includes a security surcharge of 30%. Partial security deposits are possible under certain conditions.
Links to more information
Responsible for editing: Bayerisches Staatsministerium für Umwelt und Verbraucherschutz
- 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