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Transboundary shipment of waste; application for notification

Waste that is not on the "green list" or that is destined for disposal may only be shipped across borders if written consent has been obtained from the country of dispatch and the country of destination.

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Procedure details

In the case of transit through other countries, the countries of transit must also give their consent.

The cross-border import and 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 (WSR). This regulation defines procedures and control regulations for the shipment of waste, which depend on the origin, destination, transport route, type of waste and the planned treatment of the waste at the destination. These regulations are supplemented by the national Waste Shipment Act (AbfVerbrG).

The governments decide on the permissibility of importing and exporting waste in Bavaria that requires a permit ("subject to notification"). In the case of an export of waste, the government in whose area the transportation of the waste begins is responsible. In the case of imports, 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 waste that is listed in Annex IV of the above-mentioned European regulation "VVA" ("yellow waste list") or for waste that is not listed in any of the annexes, an authorization procedure(notification procedure) must be carried out beforehand. In the notification procedure, waste must be checked before the start of waste shipments and for each waste shipment. The exporter must apply to the competent authority of dispatch for the planned shipment of waste using the notification and movement document as well as other required documents.

Transboundary shipments of waste subject to notification are only permitted if the competent authorities at the place of dispatch (exporting country) and at the place of destination (importing country) have given their prior written consent. The authorities responsible for the transit (transit states) must at least have given their tacit consent. The consents of all authorities must be available to the applicant before such transportation can be carried out.

As a rule, written consent can be granted for one year.

If consents have been granted by the competent authorities for different periods, a shipment is only permitted for the period to which the consents of all authorities concur.

Waste on the so-called "Green List" (waste listed in Annexes III, IIIA and IIIB of the WSR) is subject to the general information obligations and can be shipped across borders within the EU without official approval, provided that this waste is recovered.

In this case, the shipment must be documented using the form in accordance with Annex VII of the WSR "Shipping information". The shipping information must accompany the shipment. This only applies if the supplementary provisions of Regulation (EU) No. 1418/2007 (export to non-OECD countries) do not stipulate otherwise.

In order to clarify questions about the procedure or the documents required for planned shipments, it is strongly recommended that you contact the competent authority (government) in advance.

You can find out which waste is classified as "green-listed" or "amber-listed" in the "Consolidated Waste Lists" (see "Related links").

For waste that is not included in these lists, a permit must be obtained from all competent authorities for the export or import of "yellow-listed" waste.

  • 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

As the exporter, you must apply in writing to the competent authority of the place of dispatch for the planned shipment. Use the notification form for this purpose. You can obtain the form from the relevant specialist publishers (see "Related links").

The competent authority examines the application and involves the authorities at the place of destination and possibly also the transit countries in the further procedure. The authorities of the place of dispatch and the place of destination must approve the import or export in writing; tacit approval is possible for transit countries.

As an exporter, you will receive written consent by post from

  • 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.

The fees for the approval of the notification application depend on the individual case. They are based on the type and total quantity of the waste that is the subject of the notification, as well as the administrative costs incurred by the competent authority. They range between 100 and 12,000 euros (see List of Costs Tariff No. 8.I.0/50).

It should also be noted that in the case of shipments of waste subject to notification, a security deposit must be lodged or proof of insurance must be provided.

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) has to take back the waste and dispose of it.

The security deposit is levied by the state authority of dispatch and depends on the respective type of waste, the transportation costs and the storage costs for 90 days and includes a security surcharge of 30%. Partial security deposits are possible under certain conditions.

For an initial application, you should allow at least two months for processing.

For transboundary shipments of waste requiring a permit, the application must always be submitted to the state authority of dispatch, i.e. in Bavaria to the locally responsible district governments. The place where the transportation of the waste begins is decisive.

Waste on the so-called "Green List" can be shipped across borders within the EU without a permit if it is recovered. The shipment must be documented using the "Shipping information" form. A disposal contract must also be concluded. The fully and correctly completed "Shipping information" form must accompany the respective shipment. The disposal contract must only be presented to the competent authorities at their request.

Status: 16.10.2024
Editorial responsibility Bayerisches Staatsministerium für Umwelt und Verbraucherschutz
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