4.2 Germany’s paAs

Germany’s PAA of written consent of import of waste

1. The notifier contact competent authority of Germany for prior consultation

2. According to related act (EC Regulation No 1013/2006 on shipments of waste)，the notifier would hand in obligatory documentation and information (notification document & movement document). The notifier should also prove the business relationship between importer and itself really exists and the financial guarantee can cover the transportation fees for taking back the waste

3. There is a possibility that the competent authority of dispatch and transit would ask for optional documentation and information and they and to notify the other two counterparts to have their information updated.

4. When the competent authority of destination has received all the documents required，it would send the notifier the acknowledgment and make the decision within 30 days. There are three possible decisions: 1, consent without condition; 2, consent with condition; 3, objection. With the consent from all three competent authorities, the notifier can go on to the movement document procedure. ²⁶

From the procedure description above we conclude that it is a multiple-actor PAA. Although the notifier need the consent from all three parties to continue which means each one has the veto power, our group believes that the German competent authority is playing a key role in the whole process. Though not proved by any official documents, we guess there might be some implicit limitations like quotas; recovery capacity and other factors need to be taken into account.

Germany’s PAA of licensing of operators of disposal facilities

Before the commencement of the permit application procedure, the operator shall prepare documentation on the environmental impacts and acquire an assessment of environmental impacts from the environmental agency.

During this stage, the environmental agency shall first inform the operator in good time about the content and extent of the documentation on the environmental impacts of the project. In addition, the environmental agency shall give the operator and the authorities whose environment-related sphere of responsibility is affected by the project an opportunity to discuss the content and extent of the documentation.

If there are no further concerns from the affected authorities, they shall issue statements to the environmental agency, which will then decide whether they will issue an assessment of environmental impacts to the operator.

After acquiring the assessment of environmental impacts, the operator shall submit a written application together with drawings, explanations and other supporting documents to the Bundesländer.

If the documents submitted are not sufficient for verification, the operator shall, if so requested by the Bundesländer, furnish additional documents within a reasonable period. If the application is submitted in electronic form, the Bundesländer may order the operator to produce copies thereof and submit the documents to be attached to the application in written form as well.

If the documents submitted are complete, the Bundesländer shall give public notice of the project in its official gazette and, additionally, either on the Internet or in local daily newspapers that are widely read in the area where the installation is to be constructed. The application and the supporting documents as well as all reports and recommendations relevant to the decision which are available to the authority at the time of the public notice shall be laid open for public inspection for a period of one month following such notice. Additional information that may be relevant to the decision on the project's admissibility and becomes available to the Bundesländer only after the start of the inspection period shall be made public according to the provisions on access to environmental information. Objections against the project may be lodged in writing within two weeks after expiry of the inspection period. At the end of the objection period, no further objections shall be admissible unless they are based on special titles under civil law. Objections based on special titles under civil law shall be dealt with by the general courts of law.

The Bundesländer (licensing authority) shall seek the opinion of all other authorities affected by the project. Insofar as a permission in accordance with other laws is required for the project itself or for any other projects in direct spatial or operational connection with it which may have effects on the environment and be of relevance to the issue of the license, the licensing authority shall ensure full coordination of the permission procedures as well as of the substantive and collateral provisions.

After expiry of the objection period, the licensing authority may discuss all arguments submitted in time against the project with the operator and with those who have raised them.

Given that no further concerns from other authorities and the public, the Bundesländer will then issue the permit to the operator, with public notice involved.