Authorisation of collection and recovery systems

General information

A collection and recovery system is a legal entity which can, in a legally effective way, take over the obligations of producers or importers of certain products (electrical appliances, batteries, packs, vehicles) concerning the collection and treatment of those products or wastes and the relevant documentation. The establishment and operation of and significant changes to collection and recovery systems are subject to authorisation by the Federal Ministry for Climate Action, Environment, Energy, Mobility, Innovation and Technology.

Enterprises affected

Collection and recovery systems

Requirements

Requirements for the granting of an authorisation are:

• The collection and recovery of wastes for which an obligation is to be accepted has to comply with the state of the art and must not impair the public interest.
• Financing that covers the cost, including sufficient surety for financing of the services contracted, must be available.
• Funds have to be used in accordance with the principles of austerity, profitability and expedience.
• Waste prevention has to be promoted by spending at least 0.5 percent of the amount of the remunerations received annually for the deobligation on waste prevention projects.

Deadlines

There are no specific time limits.

Competent authority

Federal Ministry for Climate Action, Environment, Energy, Mobility, Innovation and Technology (→ BMK)

Required documents

In particular, the following information and documentary evidence have to be enclosed with the application for authorisation:

• Information about the legal entity and the ownership structure,
• Articles of association as amended
• Presentation of the corporate structure (organisational chart and operational procedure)
• Information about the products and the wastes to be taken over
• Information about the type, purpose, scope and duration of the collection and recovery system, including the business areas (e.g. product-, industry-, waste-specific, collection of wastes accumulated in private households or trade)
• The permit required under trade law, if applicable
• A description of the measures for the collection and recovery, including evidence that the contracted services can be provided technically (sufficient collection capacities, collection network and recovery possibilities)
• Proof of sufficient area of activity in terms of space and subject-matter to fulfil the obligations
• Information about the basis for the calculation of the planned tariffs for collection and recovery and, in particular, the cost factors and anticipated expenditures for collection, sorting, recovery and administration
• If several collection and recovery systems for similar wastes are operated, a concept for the breaking down of the costs
• Proof that the costs of financing for the obligations to be taken over are covered, including adequate surety for the financing of the services contracted
• An efficient concept of control
• Information about the form of documentation of the collection and recovery rates
• General Terms and Conditions
• Measures to promote waste prevention

Additional requirements for collection and recovery systems for household packaging:

• Assurance of coverage
• Conclusion of a contract with a collection partner for each political district (collection region) or a joint use contract with another collection and recovery system
• Sufficient takeover capacities in each collection region
• Monthly notification of the quantities of household packaging put on the market or imported for own use per tariff category

Additional requirements for collection and recovery systems for commercial packaging:

• Overall operation for a collection category
• Assurance of coverage
• Monthly notification of the quantities of commercial packaging put on the market or imported for own use per tariff category

Costs and fees

Costs depend on the various ordinances on levies and fees. The competent authorities will gladly answer your questions.

Further information

The operation may be authorised for no more than ten years every time. In case of specific conditions, shorter periods are possible. After expiry of the period, an application for a new authorisation has to be filed.

Each waste collector that concluded a contract with a collection and recovery system for household packaging is obligated to conclude collection contracts with each and every other collection and recovery system for household packaging.

Legal bases

sections 29 to 36 of the Abfallwirtschaftsgesetz (AWG)