§53 or §54 KrWG? Check the waste classification first

Germany’s Kreislaufwirtschaftsgesetz (KrWG) distinguishes between notification of a carrier’s activities and a permit for activities involving hazardous waste.

The distinction depends on correct classification under the relevant waste list (AVV/LoW). Ask for the waste code, description and composition data; if there is any doubt, do not decide whether to accept the order solely on the material’s trade name.

Does every hazardous waste carrier need a new German permit?

Not in every situation. Exceptions must be assessed before transport and documented. They do not mean that an ordinary BDO registration or any foreign permit automatically suffices.

1. An equivalent EU/EEA permit

Under §54(4) KrWG a permit issued in another EU/EEA country has the same standing as a German permit to the extent that it is equivalent. The permit documents and other required evidence must be submitted to the competent German authority as originals or copies before operations begin. The authority may require certified copies or a certified German translation.

This is a practical route for some foreign companies, but the specific document’s scope must be assessed and the competent authority contacted. A Polish BDO registration alone does not establish equivalence with §54.

2. A certified Entsorgungsfachbetrieb

A specialist waste management company certified under §56 KrWG is exempt from the §54 permit requirement only for the activity covered by its certification. Check the §53 notification requirement and ensure that the current certificate can be produced.

3. Other exceptions

AbfAEV provides further exemptions, for example for activities performed im Rahmen wirtschaftlicher Unternehmen (waste transport incidental to another main business activity) and, subject to specific conditions, certain take-back schemes or parcel, express and courier services. A commercial carrier providing transport services to customers should not assume that the exception for incidental activities covers its business. An exemption from §54 may leave a §53 notification obligation in place; check the specific conditions.

How to prepare a §54 KrWG application

For a company without its main office in Germany, the competent authority is the authority of the German federal state in whose district the activity will first be carried out (§9(2) AbfAEV). A §54 permit generally applies throughout Germany; nevertheless, read its scope and any conditions.

1. Define the activity: transport, collection, trading or brokering, and the intended range of waste.
2. Identify the competent authority based on the first place of operation in Germany.
3. Prepare the application form and company documents: registration details, company representatives and persons responsible for management and supervision. Include proof of motor liability insurance and, where held, business and activity-specific environmental liability insurance, as required by §9(3) AbfAEV.
4. Provide evidence of reliability and professional competence: the relevant certificates for the company and responsible persons, professional experience and recognised specialist training. Agree with the authority which documents are required for a foreign company.
5. Submit a complete application and respond to the authority’s requests. Before the first journey, check the issued document, its conditions and scope.

AbfAEV generally links the responsible person’s professional competence to practical experience and training recognised by the competent authority. It also provides alternatives regarding the duration of experience. Responsible persons must attend recognised refresher training at least every three years and submit evidence to the authority without being asked. Documents from other EU/EEA countries may be taken into account under §54 KrWG if they demonstrate the relevant requirements or comparable qualifications.

Hazardous waste and ADR: two separate questions

In waste legislation, the term “hazardous waste” refers to waste classification. ADR governs road transport of dangerous goods using its own classification criteria. An asterisk in a waste code does not automatically assign a UN number or ADR class, or require the driver to hold an ADR training certificate.

If the waste falls under ADR, separately establish the proper shipping name and UN number, packing group where applicable, packaging or carriage method, marking, equipment, transport document and required driver training. The obligations depend on the classification and any applicable ADR exemptions.

A §54 permit does not replace ADR obligations, and a driver’s ADR certificate does not replace a §54 permit.

Crossing a border: §54 does not replace notification

The German authorisation concerns the carrier. For the specific waste shipped between countries, separately determine the cross-border procedure under Regulation (EU) 2024/1157, taking account of Article 85 transitional provisions. Hazardous waste generally requires prior written notification and consent (PIC). The required consents must be in place before departure; consent from a transit authority may be tacit where the applicable rules allow it. Annex VII alone does not replace this procedure. Shipments for which a notification was submitted and the competent authority of destination issued its acknowledgement before 21 May 2026 remain governed by Regulation (EC) No 1013/2006, subject to Article 85.

From 21 May 2026 PIC notifications and movement documents under consented notifications falling within the new regime are handled through DIWASS. The carrier must be correctly identified in the relevant system. Agree with the shipment organiser who enters the information and confirms each transport stage, and when. For older notifications, establish the applicable transitional rules and document procedure with the authority.

Checklist before the first loading

• ✓ Waste: AVV/LoW code, description, composition and confirmation of correct classification.
• ✓ Authorisation: §54 KrWG or a documented basis for an exception, with scope and conditions checked; §53 notification where required.
• ✓ Shipment: valid PIC consents, compliance with their conditions and access to the required movement document in DIWASS or under the applicable transitional procedure.
• ✓ Route: separately checked carrier obligations in the countries of loading, unloading and every transit country.
• ✓ ADR: classification established and, if ADR applies, appropriate documents, marking, equipment and qualifications.
• ✓ A-Schild: commercial waste transport on German roads generally requires two “A” plates, clearly visible at the front and rear of the vehicle; specific exceptions apply.
• ✓ Documents for inspections: evidence of the carrier’s authorisation or applicable exception, and documents for the specific shipment under the relevant procedure.

Under §13 AbfAEV, carriers must carry a copy or printout of the permit or the notification documents required in their situation. For certified Entsorgungsfachbetriebe, the current certificate must be available electronically or in print; EMAS exemptions require a copy of the current registration certificate. Germany’s “A” marking rules arise from §55 KrWG and §10 AbfVerbrG; these plates are separate from ADR marking.

Three common mistakes

How can Permitra help?

We can check whether your planned transport requires §54 KrWG, whether an exception applies or whether an equivalent permit can be used. If you need a German permit, we help prepare the documents and handle the procedure with the competent authority. We separately check route and shipment documentation requirements; ADR classification is assessed using information about the specific waste.

Planning your first hazardous waste transport to Germany?

Send us the waste code and description, countries of loading and unloading, transit countries and your existing company documents. We will check which carrier authorisations and shipment documents need verification before you accept the load.

FAQ – hazardous waste in Germany

Official sources

1. §53 KrWG – notification of activities
2. §54 KrWG – permits and equivalent EU/EEA documents
3. §5 AbfAEV – professional competence
4. §9 AbfAEV – applications and competent authority
5. §12 AbfAEV – permit exemptions
6. §13 AbfAEV – documents to carry during transport
7. §10 AbfVerbrG – “A” marking
8. §42a VwVfG – decision period and deemed approval
9. Regulation (EU) 2024/1157 – shipments of waste
10. European Commission – DIWASS, procedures and participants
11. UNECE – ADR 2025