Lesson 2.2 · 7 min

Before the first shipment: permit, facility, contract

Open in the coursewith narrated slides, a checklist to tick off and a quiz

At a glance

With a permit and a seat in Austria. New producers, collectors, dealers and brokers need a permit or registration; in Austria, where required, the authorisation under section 24a AWG.
See its permit first. The recovery facility must hold a permit or registration and show proof to the arranger before the shipment.
New since May 2026. The arranger and the consignee need a contract. If the consignee isn't the facility's operator, the operator signs too.
With a take-back obligation. If the shipment or recovery can't be completed as planned, the arranger, or else the consignee, takes the waste back or has it recovered another way.
Selling without a known destination. Selling waste to a dealer without knowing the destination facility beforehand and binding it by contract is not permitted, says the BMLUK.

In detail

Who may arrange

A new producer, collector, dealer or broker may only arrange a Green List shipment if it holds a permit or is registered under waste law Art. 18(2). From Austria, only persons with a seat or establishment in Austria may arrange; the BMLUK also points to the authorisation under § 24a AWG 2002 where it is required.

Only to permitted facilities

The waste may only go to a recovery facility that holds a permit or is registered. The facility shows its permit or proof of registration to the arranger before the shipment Art. 18(3).

The contract

Parties: the arranger and the consignee; if the consignee isn't the facility's operator, the operator signs too Art. 18(10).
Timing: concluded and effective at the latest when the Annex VII document is completed, and effective until the recovery certificate is issued.
Minimum content: arranger, consignee and facility; who represents each party; description of the waste; waste codes; quantity; recovery operation; period of validity. It must be consistent with the forms.
Take-back: if the shipment or recovery can't be completed as intended, or is illegal, the arranger takes the waste back or ensures its recovery another way and, if necessary, its storage in the meantime; if the arranger can't, the consignee does.
Within one company: if the waste moves between two establishments of the same legal entity, a declaration by that entity with the same obligations will do Art. 18(14).

The contract is not entered into the system. The arranger or the consignee shows it to the inspection authorities on request Art. 18(11). The BMLUK offers contract templates on its website. According to the BMLUK, the contract duty has applied since 21 May 2026, regardless of the transition for the reports (lesson 2.5).

Where the waste goes must be settled beforehand

From paragraphs 3 and 10, the BMLUK derives special duties of care and enquiry for the arranger: the destination facility must be known beforehand and bound by contract. Selling waste to a dealer in the EU without determining the destination facility is therefore not permitted and unlawful, even if the dealer keeps quiet that the waste moves on to a third country.

Checklist

Our permit or registration as collector, dealer or broker is current.
We hold the permit or proof of registration of every destination facility.
Every business relationship has a contract under Art. 18(10), co-signed by the facility operator.
The contract contains the take-back obligation.
We don't sell waste whose destination facility we don't know.

Quiz

From when must the contract under Art. 18(10) be effective?

Only from 1 January 2027
Only when an inspection authority asks for it
At the latest when the Annex VII form is completed
Only once the waste arrives at the facility

Show the answer

The answer is C: At the latest when the Annex VII form is completed. Art. 18(10): concluded and effective at the latest when the Annex VII document is completed, and effective until the recovery certificate. According to the BMLUK this has applied since 21 May 2026; the contract is shown on request (Art. 18(11)).

Sources

This lesson's statements rest on:

Not legal advice. What counts is Regulation (EU) 2024/1157 and Implementing Regulation (EU) 2025/1290 in the Official Journal, Austrian law and the BMLUK's guidance (read on 4 October 2026). DIWASS is a system of the European Commission. Not an offer of the European Commission, the BMLUK or the Environment Agency Austria.