Competence of the SBB
Competent authority for transboundary shipments in the Federal States of Brandenburg and Berlin is the SBB Sonderabfallgesellschaft Brandenburg/Berlin mbH.
On 01.03.2011 the SBB mbH took over the regulatory tasks relating to transboundary shipments of waste and hereby became the competent authority for the Federal State of Brandenburg according to the state law Abfallverbringungsgesetz (AbfVerbrG)] and the Regulation (EC) No 1013/2006 on shipments of waste. Details are regulated by the so-called „5. Verordnung zur Änderung der Abfall- und Bodenschutz-Zuständigkeitsverordnung“ (AbfBodZV) for the Federal State of Brandenburg as of 03.12.2010.
The Federal State of Berlin assigned its tasks relating to transboundary shipments of waste to the SBB mbH on 06.07.2018 by regulation “Sonderabfallentsorgungsverordnung (SoAbfEV)" updated on 11.06.2018.
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Since 12.07.2007 „Regulation (EC) No. 1013/2006 of the European Parliament and of the Council of 14.06.2006 on shipments of waste“ is in force. It substitutes the EU-Waste Shipment Regulation, which was into force since 1993, and thereby led to an adaption of the international jurisdiction related to wastes. This adaption constituted a substantial improvement of the legal standards, which was driven by the experience with the existing shipment regulation. This amendment of law also led to an adaptation of the German Abfallverbringungsgesetz (AbfVerbrG). The latter law entered into force on 28.07.2007.
General Information Requirements for „Green“-listed Wastes for Recovery
As long as you internationally ship wastes which are solely subject to the general information requirements acc. Art. 18 VVA and which are designated for recovery, a contract acc. Art. 18 VVA is to be closed between the person who arranges the shipment and the consignee of the waste. This contract has to be valid during the time period of shipment(s) (cf. Art. 18 par. 2 VVA). In addition the form acc. Art. 18 VVA (see Annex VII of Regulation (EC) No. 1013/2006) is to be filled out completely and has to be carried along during a shipment.
Regarding the possibility of export of “green” listed wastes to countries where the OECD-Decision is not valid you can inform about the country-specific procedure in the UBA-Staatenliste (according to article 37 of the Regulation (EC) 1013/2006 combined with the Regulation (EC) No. 1418/2017).
Procedure of Prior Written Notification and Consent
The following wastes are subject to the procedure of prior written notification and consent:
- all wastes designated for disposal
- wastes designated for recovery, which
- are listed in Annex IV / IVA (Amber List of wastes)
- not listed wastes;
- mixtures of waste, which cannot be allocated to one single entry in Annex III, IIIB, IV or IVA
Documents to be handed in
The following documents regarding wastes to be notified have to be handed in to the SBB mbH in hard copy:
- Notificaton document (master example)
- Movement document (master example)
- Contract acc. Art. 5 VVA
- For each wished carrier company:
Registration acc. § 53 Kreislaufwirtschaftsgesetz (german waste law) resp. Transportation permit acc. § 54 Kreislaufwirtschaftsgesetz (german waste law)
- For each whished carrier company which will transport on German territory valid EU-(community) license
- For each means of transportation an automobile third party insurance has to be in place, with a minimum limit of liability of 500,000 € for damages to persons and 1,500,000 € for damages to property incl. damages to bodies of water. For vessels the third party insurance has to cover a minimum limit of liability of 3,000,000 €. (The certificates of insurance do not have be provided to the SBB mbH.)
- Detailed route description starting from starting point (waste generating facility) to the recovery/disposal facility; Alternative routes may also be handed in.
- Financial guarantee acc. Art. 6 Regulation (EC) 1013/2006.
Information about the calculation of the financial guarantee you may find in LAGA-Vollzugshilfe M25.
Moreover, in individual cases the involved competent authorities may additionally ask for the following documents:
- permit documents of the disposal facility in acceptable language (german or English)
- Analysis of the waste to be shipped
- Further information regarding the designated recovery process resp. disposal process
- Estimate of the share of waste to be disposed of instead of recovered
- Miscellaneous information, which is important for the evaluation of the notification acc. to the Regulation (EC) 1013/2006 and acc. to national legal regulation.
For the revision of the notification the SBB mbH charges administrative fees. Detailed information about administrative fees in the context of notifications you may find here: Informationen zur Gebührenberechnung für eine Notifizierung. Please consider that the provision of our official consent for notified shipments will only be provided after receipt of the charged fee. You may accelerate this procedure by issuing a (SEPA) direct debit mandate to the SBB mbH. More information about this topic you may find here: Informationen zum Lastschriftverfahren. For the direct debit mandate we provide the respective PDF form here: Formular Einzugsermächtigung.