Federal Cabinet adopts draft act
The Federal Government plans to tackle the problem of illegal export of waste more decisively. For this purpose, fines will be raised and the competences for controls will be regulated in more detail. These measures are laid down in the draft amendment to the Waste Shipment Act which was adopted by the Federal Cabinet today.
"We want to provide the competent authorities with a significantly improved basis for controls on motorways and in ports. Furthermore, fines for severe violations of the Waste Shipment Act will be doubled. I hope that controls will now be intensified. Unfortunately, illegal shipment of German waste to Eastern European neighbour states in particular has occurred repeatedly in the recent past" explained Federal Environment Minister Sigmar Gabriel.
This amendment brings German legislation in line with the new Regulation (EC) on the Shipment of Waste. Once the Bundestag and the Bundesrat have adopted the amendment it could enter into force in July of this year.
Generally the competence to control the shipment of waste lies with the Länder. The amendment will obligate them to control installations, companies and waste shipments by lorry, ship or freight train. They will be assisted by customs offices and the Federal Office for Goods Transport as competent federal authorities. The fine for severe violations of the act will be raised from 50,000 to 100,000 euro. In addition to the regulations on fines, the provisions of the penal code also apply.
The Federal Cabinet also adopted the first ordinance amending the ordinance governing fees associated with the Waste Shipment Act. This ordinance regulates the fees charged by the Federal Environmental Agency for the authorisation of shipments through German territory, if both origin and destination of the waste shipment are located abroad. The amendment to the ordinance does not require the consent of the Bundesrat and will enter into force on 12 July 2007.