Dangerous Waste

Dangerous Waste in Europe

Unlawful Disposal of Dangerous Waste in Germany

Provisions relating to unlawful disposal of dangerous waste in the German Criminal Code [1]: This criminal issue is covered by Chapter Twenty-nine, under the heading “Offences Against the Environment,” located in Section 326 Unlawful disposal of dangerous waste, which reads: (1) Whosoever unlawfully, outside the facility authorised therefor or in substantial deviation from the proscribed or authorised procedure, treats, stores, dumps, discharges or otherwise disposes of waste which contains or can generate poisons or carriers of diseases which are dangerous to the public and are communicable to persons or animals; 1. 2. is carcinogenic in humans, harmful to the foetus or can cause alterations in the genetic make-up; 3. is prone to explode, spontaneously combustible, or of more than merely minor radioactive quality; or 4. because of its nature, composition or quantity is capable of: (a) (b) polluting or otherwise negatively and permanently altering a body of water, the air or the soil or endangering an existing population of animals or plants shall be liable to imprisonment not exceeding five years or a fine. (2) Whosoever contrary to a prohibition or without the required permit moves waste within the meaning of subsection (1) above into, out of or through the Federal Republic of Germany shall incur the same penalty. (3) Whosoever in violation of duties under administrative law fails to deliver radioactive waste shall be liable to imprisonment not exceeding three years or a fine. (4) In cases under subsections (1) and (2) above the attempt shall be punishable. (5) If the offender acts negligently the penalty in cases under subsections (1) and (2) above shall be imprisonment not 1. exceeding three years or a fine; 2. in cases under subsection (3) above shall be imprisonment not exceeding one year or a fine. (6) The offence shall not be punishable if harmful effects on the environment, especially on persons, bodies of water, the air, the soil, useful animals or useful plants, are obviously excluded due to the small quantity of waste.

Unlawful Handling of Radioactive Substances, Dangerous Substances and Goods in Germany

Provisions relating to unlawful handling of radioactive substances, dangerous substances and goods in the German Criminal Code [1]: This criminal issue is covered by Chapter Twenty-nine, under the heading “Offences Against the Environment,” located in Section 328 Unlawful handling of radioactive substances, dangerous substances and goods, which reads: (1) Whosoever keeps, transports, treats, processes or otherwise uses, imports or exports 1. nuclear fuels without the required permit or contrary to an enforceable prohibition; or other radioactive substances which because of their nature, composition or quantity are capable of causing the death of or serious injury to another by ionising radiation, without the required permit or contrary to an enforceable prohibition and in gross violation of his duties 2. shall be liable to imprisonment not exceeding five years or a fine. (2) Whosoever fails promptly to deliver nuclear fuels which he is obliged to deliver on the basis of the Peaceful Use of Nuclear Energy Act; 1. delivers nuclear fuels or substances indicated in subsection (1) No 2 above to unauthorised persons or procures their distribution to unauthorised persons; 2. 3. causes a nuclear explosion; or 4. encourages another to commit an act as indicated in No 3 above or supports such an act, shall incur the same penalty. (3) Whosoever in gross violation of duties under administrative law n the operation of a facility, especially a plant or technical installation, stores, treats, processes, or otherwise uses radioactive substances or dangerous substances within the meaning of the Dangerous Substances (Protection) Act; or 1. transports, forwards, packs, unpacks, loads or unloads, receives or supplies to another dangerous goods, and thereby endangers the health of another, animals not his own or property of significant value belonging to another shall be liable to imprisonment not exceeding five years or a fine. 2. (4) The attempt shall be punishable. (5) If the offender acts negligently the penalty shall be imprisonment not exceeding three years or a fine. (6) Subsections (4) and (5) above shall not apply to acts under subsection (2) No 4 above.

Resources

Notes

  1. The content of the translated German penal code in relation to unlawful handling of radioactive substances, dangerous substances and goods is current as of 2010

Resources

Notes

  1. The content of the translated German penal code in relation to unlawful disposal of dangerous waste is current as of 2010

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