Prosecution of Illegal Waste Shipments

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Illegal waste shipment is tracked
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We hereby inform about the supervision of transboundary waste shipment, as required by Article 51 of the European Waste Shipment Regulation.

Illegal shipments of waste are prevented, detected and penalised as follows:

The control of shipments of waste is regulated by § 11 of the Waste Shipment Act.

  • § 11(1) Obligation of the authorities of the federal states regarding inspections of facilities and companies
  • § 11(2) Obligation of the authorities of the federal states on spot checks of waste shipments; Participation of customs and the Federal Agency for Traffic of Goods (Bundesamt für Güterverkehr (BAG))
  • § 11(3) Information of the competent authorities
  • § 11(4) Competence for measures for safe storage until the decision for further action has been taken

Article 18 of the Waste Shipment Act and the Ordinance on fines for waste shipments contain provisions on administrative fines regarding waste shipments.

The illegal shipment of waste is a criminal offense pursuant to § 18a and § 18b of the Waste Shipment Act und is punished with imprisonment of up to fifteen years or a fine.

The following data refer to the year 2017:

  • The regional or local authorities in the federal states reported 1020 facility checks.
  • The Federal Agency for Traffic of Goods (Bundesamt für Güterverkehr) has checked 21400 waste transports on major roads. The number of contained transboundary shipments could not be determined.
  • The federal states counted about 4200 transport checks. There is a partly overlap with the data of the Bundesamt für Güterverkehr. The figure may not include occasion-related checks by the police.
  • All shipments which leave or enter the territory of the European Union at the German border (ports, airports and the border to Switzerland) are subject to customs controls.
  • The competent authorities of the federal states reported 336 cases of supposed illegal shipments. The German police counted 152 cases of supposed illegal shipments, which were forwarded to prosecution (Police Crime Statistics). There may be an overlap between these figures.
  • Germany is also participating in the joint enforcement activities of the IMPEL Enforcement Actions Project.
  • For details on illegal shipments see below. 75 other violations of the Waste Shipment Regulation were reported.

 

Illegal waste shipment

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