Hazardous Waste – Declassification
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By means of the declassification process proof is furnished to substantiate that a certain waste which is considered to be hazardous in legal terms is not hazardous in the individual case.
Certain types of hazardous waste (e.g. asbestos waste) are "non-declassifiable" – this means that declassification is not permitted for these types of hazardous waste.
A declassification can be performed by the following persons:
- By the relevant waste holder ("general declassification") or
- By the owner of the landfill or for the purpose of landfilling on his/her landfill ("declassification for the purpose landfilling")
This applies to:
- The declassification of a waste stream or
- The declassification recurring waste
The following persons are authorized to conduct the declassification process:
- The respective owner (general declassification) or
- The proprietor of the landfill or another person authorized to use the landfill for waste disposal purposes (declassification for the purpose landfilling)
Proof of the non-hazardous property of that waste
There are no specific time limits.
General declassification starts with a notification on the part of the waste owner. In the event of formal or content-related deficiencies of the notification the competent body will request the waste owner to make improvements and will set a deadline for such improvements. The notification is considered to have been submitted only on the day on which the remedied documents are received by the competent body. If the waste owner fails to comply with the order to remedy in full or within due time, the notification will be rejected within six weeks after the deadline for the requested remedy.
If the Federal Ministry for Climate Action, Environment, Energy, Mobility, Innovation and Technology does not respond within a certain period, the specified waste will be considered to be non-hazardous:
- within six weeks of receipt of the notification or
- in the event of an order to remedy, within six weeks of receipt of the remedied documents.
This legal consequence does not apply if the notification is based on a false or manipulated assessment.
The waste owner can request the competent body to inform him/her that proof of the non-hazardous property has been notified and that no order to remedy needed to be issued.
The waste is regarded as non-hazardous
- as of receipt of this information,
- not later than within six weeks of the receipt of the notification concerning declassification by the competent body or, in the event of an order to remedy, within six weeks of receipt of the completely remedied documents.
Declassification for the purpose of landfilling
The declassification for (the purpose of) landfilling is initiated by a notification from the landfill owner who wishes to dump this specific waste on his/her landfill. As of the (permitted) delivery of the waste to the landfill following due notification the waste is considered to be non-hazardous. In the event of deficiencies of the notification, the competent body will request the landfill owner to make improvements and to set a deadline for doing so.
If the notification is based on a false or manipulated assessment, the waste continues to be regarded as hazardous!
- proof of the non-hazardous nature by use of the form in Annex 5 of Abfallsverzeichnisverordnung 2020 (including the necessary assessment records, e.g. the proof of assessment)
Declassification for landfilling
- proof of the non-hazardous nature by use of the form of Annex 5 of Abfallsverzeichnisverordnung 2020
- proof of the assessment as provided for in the Deponieverordnung 2008
- enclosures such as, for example:
- Sampling protocols
- Methods of analysis with detection limits
Costs and fees
- For the notification
- Federal fee: 14.30 Euro
- Attachment fees (are only incurred if attachments are added to the application): 3.90 Euro per sheet (21.80 Euro per attachment as a maximum)
Transfer of the assessment quantity to another person (ʺthird partyʺ) during the procedure
If the assessment quantity is transferred to a third party during the declassification, the notification is considered to have been withdrawn. The transfer of the assessment quantity has to be reported to the Federal Ministry for Climate Action, Environment, Energy, Mobility, Innovation and Technology without delay.
A process declassification (the declassification of a waste stream or the declassification of recurring waste) is valid for a period of two years. The period of declassification is extended by 12 months if an essential proof of assessment or an updated proof of assessment, in order to substantiate the consistent quality of the process, is submitted to the Federal Ministry for Climate action up until 6 months prior the expiration of said period. The process will end eight years after the onset of the assessment period of the basic characterization at the latest.
Depositing hazardous waste on landfills
It is prohibited to deposit hazardous waste on above-ground landfills, e.g. the waste must be declassified prior to above-ground depositing (wherever permissible) or must be subjected to alternative treatment.
Declassification of solidified, stabilised or immobilised waste
The declassification of solidified, stabilised or immobilised waste is permitted only for the purpose of landfilling.
Declassification of excavated material
For excavated material, the assessment concerning declassification has to be carried out before excavating or removing the material.
- Section 7 of the Abfallwirtschaftsgesetz 2002 (AWG 2002)
- Sections 4 through 10 Abfallverzeichnisverordnung 2020
- Deponieverordnung 2008
No expert information is available.
Link to form
- Leaflet for the notification of declassification according to Annex 5 to the Abfallverzeichnisverordnung 2020 for the proof of the non-hazardous nature
Responsible for the content: Federal Ministry for Climate Action, Environment, Energy, Mobility, Innovation and Technology