General notification
The notifying person can apply for a general notification covering several shipments, if the following applies to every individual shipment:
- The wastes show basically similar physical and chemical properties
- The wastes are shipped to the same consignee and to the same facility
- The transport route indicated in the notification form is the same
If, due to unpredictable circumstances the same transport route cannot be followed, the notifying person must inform the respective competent authority as soon as possible thereof and, if possible before the beginning of the shipment (if the necessity of changing the transport route is already known).
Caution
If the change of the transport route is known before the beginning of the shipment, and if others than the competent authorities concerned by the general notification are involved, the general notification must not be used. A new notification must be submitted.
The concerned competent authorities can make their consent to a general notification depend on the subsequent submission of additional information and documents.
Contract on the recovery or disposal
The contract on the recovery or disposal of the notified wastes between the notifying person and the consignee must be effective for the whole period of the shipment to the ultimate completion and must comprise in particular the following obligations:
- The obligation of the notifying person to take back the wastes, if the shipment or the recovery or the disposal has not taken place as planned or in an illegal manner.
- The obligation of the consignee to recover or dispose the wastes, if their shipment has taken place illegally.
- The obligation of the facility (the owner of the facility) to submit a certification that the wastes have been recovered and disposed according to the notification and the conditions laid down therein as well as according to the provisions of the Regulation (EC) No 1013/2006 (EC Waste Shipments Regulation).
If the shipped wastes are destined for the interim recovery or disposal, the contract must comprise the following additional requirements:
- The obligation of the facility of destination (the owner of the facility) to submit a certification that the wastes have been recovered and disposed according to the notification and the conditions laid down therein as well as according to the provisions of the Regulation (EC) No 1013/2006 (EC Waste Shipments Regulation)
- If applicable, the obligation of the consignee to submit a notification at the originally competent authority
The costs (including transport, recovery, and disposal) are first and foremost charged to the notifying person.
Tip
Template contracts can be found on the website of the Federal Ministry for Climate Action, Environment, Energy, Mobility, Innovation and Technology.
Rail Transport
Transport of waste with a total weight of more than ten tonnes with a transport distance by road within Austria of more than
- 300 km in Austria as of 1 January 2023
- 200 km in Austria as of 1 January 2024
- 100 km in Austria as of 1 January 2026
shall be carried out by rail or by other means of transport with equivalent or lower pollutant or greenhouse gas potential (e.g. propulsion by fuel cell or electric motor).
This does not apply if it is proven that no corresponding capacities can be provided by rail or if, in the case of rail transport, the transport distance to be covered by road for the journey to and from one of the nearest loading points would amount to 25 % or more compared to transport exclusively by road. The corresponding proofs are to be carried along during transport and presented to the authority upon request.
The digital filing platform aufschiene.gv.at (→ BMK) makes it possible to request offers for waste transports in rail freight transport and, if no corresponding capacities can be provided, to issue a confirmation thereof within two working days. Further information on environmentally friendly waste transport can also be found at USP.gv.at.
Only the confirmation by the digital platform shall be considered as proof that no corresponding capacities can be provided. The Federal Minister for Climate Protection, Environment, Energy, Mobility, Innovation and Technology shall evaluate the effectiveness of this regulation by 31 December 2024. As part of the evaluation, the Federal Competition Authority shall be consulted to monitor competition, in particular the development of the intensity of competition.
Import ban on certain wastes for the purpose of landfilling
The shipment of certain mixed, commingled and similarly pre-treated wastes to Austria for the purpose of landfilling or for the purpose of solidification, stabilisation or immobilisation prior to landfilling is prohibited (§ 69 para. 7c AWG 2002). The import ban includes in particular the EAV codes 19 02 03, 19 02 04*, 19 03 04*, 19 03 05, 19 12 11*, 19 12 12.
Transboundary shipments of used electrical and electronic equipment
In case of a transboundary shipment of used electrical and electronic equipment the person initiating the shipment has to comply with the minimum requirements laid down in Annex 6 to the Elektroaltgeräteverordnung. Otherwise it is a transboundary shipment of wastes
Transboundary shipment of end-of-life vehicles and used vehicles
The transboundary shipment of non-depolluted end-of-life vehicles to EU Member States as well as to OECD Decision states requires, according to Regulation (EC) No 1013/2006 on shipments of waste, a notification and consent on the part of the Federal Ministry for Climate Action, Environment, Energy, Mobility, Innovation and Technology as well as the approval of the respective competent authorities in the respective states involved in the transboundary shipment (country of destination, transit state).
The export of non-dehumidified end-of-life vehicles to non-OECD Decision states is prohibited.
In the case of transboundary shipment of used vehicles - the submission of written evidence for the documentation of the non-waste status (e.g. positive vehicle assessment report according to section 57a para. 4 of the Kraftfahrgesetz 1967, expert opinion of one of those mentioned under point 1.2., certification for the purposes of Annex 3 to the EU Correspondents’ Guidelines No 9 or the form included in Annex 1 "Certification on the reparability of a vehicle", from which the above-mentioned criteria for the differentiation between used vehicles and end-of-life vehicles must be apparent) can be demanded in Austria – not withstanding more rigid requirements in other Member States.
Please note
As of 1 January 2016 with the applicability of Regulation (EU) No 660/2014 amending Regulation (EC) No 1013/2006 on shipments of waste a comprehensive obligation to furnish evidence in writing (evidence on the place of origin and on the destination as well as on the non-waste status and proof of functionality) has also become legally binding on an EU-wide scale for the differentiation between end-of-life vehicles and used vehicles.
Please note
Prerequisite for the reimbursement of the standard fuel consumption tax (Normalverbrauchsabgabe) is the outbound shipment of a vehicle. End-of-life vehicles (hazardous waste) with total loss are, according to the wording of the legal text of section 12a of the Normverbrauchsabgabengesetz 1991 not to be evaluated as vehicles anymore, so that section 12a of the Normverbrauchsabgabengesetz 1991 is not applicable. The same applies to vehicles for which a designated use in the country is – for example due to lack of reparability – not possible any longer. In the case of an outbound shipment of end-of-life vehicles a reimbursement of the standard fuel consumption tax is thus not possible.