E-Mail: abteilung.61@lebensministerium.at or andreas.moser@lebensministerium.at
Federal Ministry of Agriculture, Foresting,
Environment and Water Management
Department VI/4, Stubenbastei 5
A-1010 Vienna
Austria
Telephone: (43 1) 515 223 537
Telefax: (43 1) 515 227 333 and 7502
E-Mail: abteilung.61@lebensministerium.at or andreas.moser@lebensministerium.at
National Definition
National definition of waste used for the purpose of transboundary movements of waste exists in Austria.
Definition of waste is in line with EU Regulation 74/442/EEC (Article 1). For the purposes of this Directive: (a) "waste" means any substance or object which the holder disposes of or is required to dispose of pursuant to the provisions of national law in force; (1)OJ No C 32, 11.2.1975, p. 36. (2)OJ No C 16, 23.1.1975, p. 12. (3)OJ No C 112, 20.12.1973, p. 3.
The national definition is laid down in article 2 of the Act on sustainable Waste Management (Federal Waste Management Act 2002), Fed. Law. Gaz. I 2002/102.The text can be obtained via Internet: Download:
A draft English translation is available via the focal point.
National definition of hazardous waste used for the purpose of transboundary movements of waste exists in Austria.
Hazardous waste is defined by Article 2, 4, 3 of the Federal Waste Management Act (Federal Law Gaz. I 2002/102 as amended) in combination with the Ordinance on a Waste Catalogue (Federal Law Gaz. II 2003/570 as amended). This definition is based on the EU Directive 91/689/EEC. There is no full English translation of the waste catalogue available but the classification of a waste in accordance with the Austrian legislation can be provided by the Focal Point on request.
The definition of hazardous waste was previously (before 2004) based on the Ordinance on Hazardous Wastes (Fed. Law Gaz. II 1997/227).
The recent definition is contained in the “Ordinance on a Waste Catalogue” (Fed. Law. Gaz II 2003/570). The Ordinance can be downloaded from: http://www.lebensministerium.at/filemanager/download/10520/
Within the European Union not all hazard characteristics of waste are harmonized (H1, H2, H9, H13 and H14 in accordance with Annex 3 of the Directive 91/689/EEC are not harmonized yet). Therefore the definition of hazardous waste is based on both, EU Waste Legislation and National Waste Legislation.
Austria regulates/controls additional wastes as hazardous that are not included in Art. 1 (1)a of the Basel Convention and would be controlled for the purpose of transboundary movements pursuant to Art. 1 (1)b.
The national definition of hazardous waste covers wastes other than those listed in Annexes I, II and VIII of the Basel Convention. A list of such wastes is posted on the Basel Convention's website (www.basel.int).
Austria requires special consideration for the following waste(s) when subjected to transboundary movement:
The shipment of any waste not listed in Annex II of the EU Regulation 259/93/EC is subject to a notification procedure.
Restrictions on Transboundary Movement
Amendment to the Basel Convention
The amendment to the Basel Convention (Decision III/1) has been implemented in Austria.
The ban is implemented via EU-Legislation (Shipment Regulation 259/93/EC as amended by OJ L 022 24.01.1997 p.14 and OJ L 316 10.12.1999 p.45; Article 16).
Austria ratified the two amendments to the Basel Convention (III/1 and IV/9) in 1999 (Fed. Law Gaz.III 2000/6). The amendments became effective October 26th 1999.
Austria restricts the export of hazardous wastes and other wastes for final disposal.
Federal Waste Management Plan 2001, which statutes the principle of self-sufficiency for final disposal. Based on this principle objections are raised in case of exports for final disposal provided there is a suitable disposal option in Austria. (19 December 2001).
In line with the EU Regulation 259/93/EC final disposal is allowed only within the European Economic Area (EEA).
Exports for final disposal are allowed only to member countries of the European Union or the European Free Trade Association. The export can be allowed only if there is no adequate disposal option in Austria.
Restrictions on export for recovery
Austria restricts the export of hazardous wastes and other wastes for recovery.
The export of hazardous wastes in accordance with Council Decision 94/904/EC and of wastes listed in Annex V of the Shipment Regulation (295(93/EC) for recycling is allowed only to Countries applying OECD Council Decision C92(39) FINAL (amendment of the Shipment Regulation OJ L 022 24.01.1997 p.14 and OJ L 316 10.12.1999 p.45). This restriction covers all countries not applying the OECD Council Decision C92(39) FINAL.
The restriction covers all countries not listed in Annex VII of the Basel Convention.
Restrictions on import for final disposal
Austria restricts the import of hazardous wastes and other wastes for final disposal.
Federal Waste Management Plan 2001, which statutes the principle of self sufficiency for final disposal. Based on this principle objections can be raised in case of imports for final disposal provided there is no sufficient capacity for domestic wastes in Austria (19 December 2001).
The import of hazardous wastes is allowed only from Countries party to the Basel Convention or applying the OECD Decision C(92)39 or having concluded an Article 11 agreement (Article 11 of Basel Convention).
The restriction covers non parties to the Basel Convention, neither listed in Annex VII of the Convention nor having concluded an Article 11 agreement.
Restrictions on import for recovery
Austria restricts the import of hazardous wastes and other wastes for recovery.
EU Regulation 259/93/EEC as amended.
Imports of hazardous wastes are allowed only from Countries party to the Basel Convention or Countries applying the OECD Decision C(92)39. Additionally import from non parties are allowed on the basis of a bilateral agreement in accordance with article 11 of the Basel Convention. No such agreement beside C(92)39 (as amended) is in force in Austria.
Restrictions on transit
Austria has no restrictions on the transit of hazardous wastes and other wastes.
Waste avoidance was already a basic principle of the Austrian Waste Management Act 1990. New legislation was including the principles of sustainable development was prepared in 2001 and enforced in 2002 (Act on sustainable Waste Management; Fed. Law Gaz. I 2002/102).
Legislation, regulations and guidelines
Branch specific concepts for hazardous waste management (including waste avoidance) where drafted by the Federal Ministry. Detailed information is available via the home page www.lebensministerium.at/umwelt/umweltnet/
Economic instruments/ initiatives
No new measures taken in 2001 and onwards.
Measures taken by industries/waste generators
No data available.
Others
A data base on projects on sustainable development (including waste management projects) is available via the internet; http://taten.municipia.at/
Transboundary Movement Reduction Measures
National strategies/policies
The Federal Waste Management Plan 2001 statutes the principle of self-sufficiency for final disposal. Based on this principle objections are raised in case of exports for final disposal provided there is a suitable disposal option in Austria (19 December 2001).
Legislation, regulations and guidelines
Supplement to the Federal Waste Management Plan 2001
(available in German or English via the internet:
In English:
Data can be obtained via the Focal Point on request.
A list could be obtained from:
Federal Environment Agency, A-1090 Spittelauer Lände 5, Vienna.
Or on the Internet:
http://www.umweltbundesamt.at/umweltschutz/abfall/abfall_datenbanken/datenverbund/abfrage01/ (where a register of all licensed disposer can be found); and
http://www.umweltbundesamt.at/umweltschutz/abfall/abfall_datenbanken/anlagendb/abfrage03/ (where a data base of the existing disposal facilities is available).
Bilateral, Multilateral or Regional Agreements
Multilateral agreement; OECD Decision C(92)39/FINAL on the Control of Transfrontier Movements of Wastes Destined for Recovery Operations (30 March 1992); OECD Member Countries; 1994 -
