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The Federal Waste Management Plan 2023 (BAWP 2023) was published earlier this week. It replaces the previously applicable Federal Waste Management Plan 2017 (BAWPL 2017).
With 1,178 pages, the BAWP 2023 is divided into three parts for the first time:
In addition to the restructuring of some chapters, data on other relevant waste streams (plastic, textile, food and carbon fiber waste as well as artificial mineral fibers), material flow diagrams (so-called “Sankey diagrams”) on the individual waste streams as well as “Austria maps” on the waste treatment facilities existing nationwide have been expanded or updated in the BAWP 2023.
In particular, the following changes have been made to the treatment principles:
In the guidelines on transboundary shipments of waste (Part 2), in particular the permissible levels of contamination for plastic waste have been adapted to the international specifications in accordance with EU Correspondents’ Guidelines No. 12 (6 % by mass in total for non-plastic, non-hazardous contaminants and other types of waste) and the national clarifications issued in this regard have been incorporated. Consequently, the BAWP 2023, Part 2 now explicitly differentiates between shipments from or to non-EU countries and shipments within the European Union for plastic waste. Adjustments were also made with regard to the ECJ ruling C-634/17 concerning the shipment of animal by-products.
In the new waste prevention program, the latest developments at the level of the United Nations (Agenda 2023 goals for sustainable development) and the EU (directive on single-use plastic products, packaging directive) were taken into account, new fields of action were defined (plastics & packaging, reuse and repair, textiles) and activities in the area of food waste prevention were described.
The BAWP is to be updated every six years by the Federal Minister for Climate Action, Environment, Energy, Mobility, Innovation and Technology (cf. para. 8 AWG 2002). The first BAWP was published in 1992.
The technical specifications contained in the BAWP 2023 represent the current state of the art and are – as in the past – to be qualified as an objective, general expert opinion, from which it is possible to deviate in individual cases by means of a specialist counter-opinion (cf. analogously to the BAWP 2006 VwGH 09.06.2020, Ra 2020/13/0015).
Julius Spieldiener and Reka Krasznai will be happy to answer any further questions you may have on this topic.
The newly published guidebook “Waste Law for Businesses” by Reka Krasznai, published in cooperation with Austrian Standards and the Johannes Kepler University Linz, Institute for Environmental Law, also provides support on waste law issues.
This article is for general information only and does not replace legal advice. Haslinger / Nagele Rechtsanwälte GmbH assumes no liability for the content and correctness of this article.
20. January 2023