Waste law (public waste law), horak Attorneys at Law, Germany

In Germany, the handling of waste is decisively determined by the circular economy law. The main goal of the law, which is defined by the respective Land Waste Act, is to create as little waste as possible and to recycle as much as possible.

Thus, here you find the clear purpose of the legislature in the waste legislation.

Waste Legislation and circular-economy law

The Waste-management Act is essential for the recycling economy and waste disposal in Germany. It is supplemented by a large number of further federal waste regulations.

In particular, the Act is intended to strengthen the prevention of waste and to promote sustainable recycling. It defines the basic concepts, the regulations on secondary products and the waste characteristic, contains the obligations of the waste producers and the public waste disposal providers, regulates basic questions of product and planning´s responsibility and contains guidelines for the monitoring and coordination of the products.

The following aspects of the Waste Management Act are important to companies, traders, associations or private persons.

Those include:

• Commercial and charitable collections covered by section 17(2), sentence 1, nos. 3 and 4 KrWG must be notified to the competent authority at least three months before the intended start (section 18 KrWG).
• Collectors, carriers, dealers and brokers are subject to sections 53 and 54 KrWG and the AbfAEV. Handling hazardous waste generally requires a permit; statutory exceptions must be checked.
• The competent waste authority is determined by the applicable law of the German state. Different authorities may be responsible for different functions.
• Waste from private households is generally subject to the delivery obligations in section 17 KrWG. Exceptions, including eligible recovery by households, take-back systems and permitted collections, require separate assessment.

Important Waste Laws

The following waste regulations are important:

• Circular Economy Act (KrWG), governing resource conservation and environmentally sound waste management;
• Waste Shipment Act (AbfVerbrG);
• Electrical and Electronic Equipment Act;
• Regulation (EU) 2023/1542 on batteries and waste batteries and the German Battery Law Implementation Act (BattDG); the former BattG has largely been replaced.
• Legal regulations, directives and technical guidance on waste management:
• Ordinance on landfills and long-term storage (Landfill Ordinance - DepV)
• Ordinance on requirements for the recovery and disposal of old timber (Old Wood Ordinance - Old Wood V)
• Ordinance on the disposal of industrial settlements and certain construction and demolition waste (Gewerbeabfallverordnung - GewAbfV)
• Regulation (EU) 2025/40 on packaging and packaging waste (PPWR) and the German Packaging Law Implementation Act (VerpackDG): initial requirements apply from 12 August 2026. The earlier VerpackV and VerpackG no longer form the current general framework; transitional provisions must be checked.
• Ordinance on the European List of Waste (Ordinance on Waste Disposal - AVV)
• Ordinance on Recovery and Elimination Proof (Ordinance of Provisions - NachwV)
• Notification and Permit Ordinance (AbfAEV) for waste collectors, carriers, dealers and brokers, replacing the former transport permit rules (TgV/ BefErlV).
• Ordinance on Disposal Specialists (Waste Disposal Ordinance - EfbV)
• Ordinance on the transfer, return and environmentally acceptable disposal of old vehicles (End-of-life vehicle regulation - end-of-life vehicles directive)
• Recognition and activities of waste management associations are now governed by the Waste Management Specialist Companies Ordinance (EfbV); the former separate directive has been replaced.
• The former Battery Act Implementation Ordinance (BattGDV) is repealed. The EU Batteries Regulation, BattDG and relevant transitional rules apply.
• Sewage sludge regulation (AbfKlärV)
• Ordinance on the recycling of bio-waste on agricultural, forestry and horticultural soils (Bioabfallverordnung - BioAbfV)