Waste production has a harmful impact on the environment, depending on the type and quantity of waste produced.
In order to ensure traceability and to control waste flow, waste collection and transportation permits require monitoring of fractions, quantities and treatments.
The collection and transportation of waste may only begin upon receipt of a permit granted by the Minister of the Environment.
Applications for a waste collection and transportation permit should be submitted to the division for Transport and Trade of Waste of the Environment Agency.
Who is concernedEstablishments or businesses seeking to develop a professional or commercial waste collection or transportation business on behalf of third parties require a permit for the type of waste collected and transported.
Before a company can provide waste collection and transportation services, it must be in possession of a contract established:
- either with the waste producer (if not a contract, then a certificate or letter from the waste producer entrusting the waste transportation to the applicant);
- or with an approved waste broker or trader in Luxembourg (if not a contract, then a certificate or letter from the broker or trader stating that they assume responsibility for the waste transported by the company).
This condition does not need to be fulfilled if the applicant:
- is already a waste broker or trader, or;
- has submitted an application for a waste trading or broking permit at the same time as the application for the waste collection and transportation permit.
How to proceed
The waste collection and transportation permit application must be accompanied by the following:
- an extract from the criminal record (or, failing that, certificates of good conduct and moral character) for:
- the company manager and his deputy; and
- the person responsible for the monitoring of waste collection and transportation activities and his replacement;
- a copy of the business permit granted by the Department of Small and Medium-Sized Businesses or by the competent authority of the EU country in which the company was initially established;
- a recent extract from the Trade and Companies Register (Registre de commerce et des sociétés - RCS) or an equivalent institution;
- if the applicant has not submitted an application for a waste trading or broking permit:
- a certificate from the producer of each type of waste indicating the eventual destination of that waste, or;
- a certificate from an approved trader or broker in Luxembourg charging the applicant company to transport the type(s) of waste mentioned on the certificate;
- a valid third-party liability insurance certificate covering any environmental damage caused in the event of accidental pollution;
- copies of any waste transportation permits which might be held abroad;
- a copy of the company’s articles of association;
- a list of the waste fractions concerned with their EWC code (European Waste Catalogue);
- for each vehicle involved in the transportation of the waste:
- a copy of the vehicle's registration certificate;
- a copy of the vehicle's ADR certificate;
- a copy of the vehicle's third-party liability insurance certificate;
- for each container of the waste concerned:
- a copy of the certificate of conformity, and;
- a colour photo and/or technical prospectus of the container;
- the ADR permit(s) of the driver(s), granted by the National MOT Centre (Société nationale de contrôle technique).
All documents must be provided in Luxembourgish, French or German. Documents submitted in any other language must be accompanied by a translation.
If the documents were drawn up by a competent authority of a non-EU country, a certified translation must be attached.
Each page of the form and all of the documents must be initialled by the applicant.
The applicant should send the waste collection and transportation permit application to the division for Transport and Trade of Waste of the Environment Agency.
The division for Transport and Trade of Waste shall inform the applicant of the admissibility of the application within 15 days of its receipt.
The application will be automatically considered admissible if the competent authority does not contact the applicant within this 15-day period.
Inadmissible applications will be immediately returned to the applicant along with an explanation as to why the application is deemed inadmissible.
If the application is deemed admissible, the division for Transport and Trade of Waste has 90 days to assess the completeness of the application and to request the applicant once to send in the missing documents in one batch.
The applicant then has 60 days to finalise the application. All the missing information must be sent at the same time. The applicant may submit a written request asking for this deadline to be extended by a further 30 days, stating the reason for this extension.
If the applicant fails to provide the missing information within the time permitted, the application shall be considered invalid.
Once the application is deemed complete, the Minister of the Environment has 15 days to:
- grant the waste collection and transportation permit;
- send a reasoned refusal to the applicant;
- send a reasoned partial refusal to the applicant.
Permit validity and renewal
Each permit has a validity period, which is generally 5 years.
Should a renewal be required, the applicant should submit an application for the renewal of the waste collection and transportation permit to the Environment Agency at least 6 months before the end of the permit's validity period.
Obligations associated with the collection and transportation of waste
Establishments or businesses possessing a waste collection and transportation permit are required to:
- keep a detailed register showing the origin, nature, quantity, destination and the recovery or disposal process of the waste;
- provide the division for Transport and Trade of Waste of the Environment Agency with an annual report including the information contained in the register by 31 March each year at the latest;
- scrupulously comply with the prior notification procedure for the national and international transfer of the waste concerned.
Extending the scope of the permit
Should the company wish to undertake the collection and transportation of waste which is not included on the permit already obtained, it may submit an application for the extension of the scope of the waste collection and transportation permit to the division for the Transport and Trade of Waste.
The documents to be provided concern the new type(s) of waste and are listed on the extension of scope application form.
Businesses with a waste collection and transportation permit seeking also to undertake waste trading and brokering must submit an application a for waste trading and brokering permit separately to the division for Transport and Trade of Waste.
Each of the permits should refer to the same waste fractions.
In exceptional circumstances, the transportation permit may include additional fractions, provided that the waste producer has contracts with the recipients for the fractions concerned.
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