German waste law becomes more entrepreneur-friendly

Based on a decision by the conference of environment ministers (Umweltministerkonferenz - “UMK“), the Federal Ministry for the Environment (Bundesumweltministerium - “BMU”) made a proposal for amendments to the provisions regarding the burden of proof in waste disposal cases, namely an Act of Parliament as well as a Regulation titled “Simplification of Surveillance under Waste Law”.

The regulation package is currently at the hearing stage. It is planned that the new Act and Regulation shall come into force in 2006; however a “gliding” transition period is foreseen before the new regime will become fully applicable.
The simplified procedure envisioned by the BMU will be applicable in several cases. Surveillance categories shall be restricted to hazardous and safe waste thereby finally implementing the requirements of EU law. The threefold categorization into waste requiring particular surveillance, (ordinary) surveillance and no surveillance has been given up. Relevant for practice are the new regulations on electronic evidence as well as the amendments to the provisions of the Act on Economic Cycles and Waste (Kreislaufwirtschafts- und Abfallgesetz - “KrW-/ AbfG”) with respect to the voluntary taking back of waste. The amendments foreseen in section 25 KrW-/AbfG will have an impact on producers and distributors of products with regard to taking back products nationwide.  A great advantage of the simplified procedure is that companies are no longer obliged to develop economic waste plans and produce waste reports.

The BMU invited third parties to submit their comments on the draft bills until 28th March 2005. An extensive documentation on the draft bills is available on the internet under www.bmu.de/abfallwirtschaft/downloads/doc/7057.php.