Obligation to provide evidence and maintain registers Exemption

If you dispose of waste or are involved in disposal operations for which you are required to keep proper records as well as a register, you may apply to the competent authority for an exemption from this record keeping and/or register requirement.

The obligations to keep records and registers under the Closed Substance Cycle Waste Management Act (KrWG) aim to document and monitor the proper disposal of waste.

If your company generates, collects, transports or disposes of hazardous waste, you are required to keep records. With the verification documents and in the registers, the companies that generate hazardous waste and the companies involved in its disposal provide evidence of proper disposal both among themselves and to the competent authorities.

Companies that broker or trade in hazardous waste are also subject to the register requirement.

If there is no reason to fear that waste disposal will impair the general welfare, the competent authority may grant partial or total exemption from the obligation to keep records and registers.

Justification why an exemption should be granted in the specific individual case.

Whether an exemption from verification and registration requirements can be granted is a discretionary decision of the competent authority.

In principle, an exemption is only possible if there is no reason to fear that the public interest will be adversely affected despite the exemption. In this context, the authority must take into account that there is a particularly strong public interest in keeping records and registers as standardized as possible and therefore free of exemptions.

• Opposition

• You submit the application for exemption to the competent authority together with all the information required to assess the facts of the case.
• The authority processes your application and decides whether an exemption can be considered.
• You will be notified of the authority's decision.

Prior to the commencement of the disposal to which the record or register requirement relates.