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The Ordinance on Waste Recovery and Disposal Records (NachwV) entered into force on 1 February 2007. It specifies the provisions of sections 49 and 50 of the Circular Economy Act (Kreislaufwirtschaftsgesetz – KrWG) relating to the obligation to keep registers, records and proof on waste management and lays down requirements for proving permissibility of the planned waste treatment.
Producers, holders, collectors, transporters and waste treatment operators of hazardous waste are obligated to furnish proof to the competent authority and to each other of the proper management of this waste. Section 3 (5) of the KrWG states that hazardous waste includes waste defined by statutory ordinance pursuant to section 48, second sentence KrWG, or on the basis of such a statutory ordinance. The relevant statutory ordinance is the Waste Catalogue Ordinance. All sectors and economic areas are subject to the provisions of the NachwV, including industry (for example chemical industry), skilled crafts (for example construction companies) and public institutions.
On 1 April 2010 the previous practice of furnishing proof on paper was replaced by the electronic waste records procedure (elektronisches Abfallnachweisverfahren, eANV). The exchange of data between business enterprises involved in the waste management operation and the submission of data to the competent authorities are now carried out electronically. Compared to the old document-based procedure, the eANV ensures more efficient monitoring of hazardous waste management and reduces the administrative burden for the parties concerned.
Further information on the eANV and requirements for participating in the procedure can be found under electronic waste records procedure – Q and A.