In 1996, German waste disposal law was completely redrafted. Mainly, the new KrW-jAbfG shifted the focus of waste management to the private sector. Among other changes, waste management enterprises now have the possibility to be certified as "Specialised Disposal Enterprises". A number of privileges are connected to the certificate, mostly with respect to relief from time-consuming bureaucratic monitoring and supervision requirements. For this reason it is expected that Specialised Disposal Enterprises will dominate the market in waste management in Germany. Many waste management enterprises are already certified. This article gives an overview of who can become a Specialised Disposal Enterprise, as well as the main requirements for certification with regard to the organisation and personnel of the enterprise\ For example, Specialised Disposal Enterprises must appoint "Responsible Persons" who must have certain educational qualifications. It is argued in the article that foreign enterprises as well as personnel may be certified under EC law. The article also highlights legal problems relating to certification and offers advice as to the way contractual obligations ought to be crafted.
European Energy and Environmental Law Review