At the proposal of Federal Environment Minister Barbara Hendricks, the Federal Cabinet adopted new regulations for the take-back of waste electrical and electronic equipment on March 11, 2015. The objective of these new rules is to increase the collection volume of WEEE, recover valuable metals from the discarded devices, and ensure the environmentally sound disposal of residual materials. The Electrical and Electronic Equipment Act adopted today serves to implement correspondingEU directives.
Compared to the existing legal framework, the draft law introduces the following key innovations:
1. Scope of Application
- From 2018 onwards, an open scope of application encompassing all electrical and electronic equipment will be introduced. During the transitional period until 2018, the category-based scope of application will be retained.
- Inclusion of photovoltaic modules and luminaires from private households into the scope of application upon the entry into force of the new ElektroG.
- Legally binding definition of exclusions from the scope of application.
2. Registration
- Building on the existing registration obligation for every manufacturer placing electrical or electronic equipment (EEE) on the market in Germany, the option is introduced to appoint an authorized representative and transfer the manufacturer's other obligations to this representative.
3. Municipal Self-Marketing (Opt-in)
- Extension of the opt-in period to two years (previously one year).
- Extension of the required notification period before commencing the opt-in to six months (previously three months).
4. Collection
- Collection Target: Gradual increase of collection targets (2016: 45 percent / 2019: 65 percent – each based on the average weight of devices placed on the market in the last 3 years).
- Collection Categories: Amendment of the composition of collection categories with regard to recycling requirements.
- Rücknahme durch den Handel: Aufnahme einer Rücknahmepflicht für “Großvertreiber” (Verkaufsfläche > 400 Quadratmeter) sowohl beim Neukauf eines gleichartigen Neugeräts (sog. 1:1-Rücknahmepflicht), als auch für sehr kleine Altgeräte (Kantenlänge < 25 cm) ohne Neukauf eines gleichartigen Neugeräts (sog. 0:1-Rücknahmepflicht)
- Increased Transparency at Collection Points: Introduction of an obligation for all entities taking back waste equipment (manufacturers, distributors, municipalities) to report their established collection points, and an obligation for ear to publish a list of the reported collection points.
5. Treatment
- Increase in recycling and recovery rates by 5 percent from mid-2015.
- Reporting obligation for certified initial treatment facilities and publication of a corresponding list of all certified initial treatment facilities.
6. Inclusion of Authorization for Ordinances for the further specification of requirements for the treatment and preparation for reuse of waste equipment.
7. Increased Transparency in Material Flows through the specification and expansion of quantity reports for all collecting actors, covering both waste equipment from private households and waste equipment from users other than private households.
8. Curbing Illegal Exports of Waste Electrical and Electronic Equipment by adopting the WEEE regulations for distinguishing between used equipment and waste equipment (the exporter must generally prove functionality and direct reusability – reversal of the burden of proof).
Source: Communication from the Federal Ministry for the Environment, Nature Conservation, Building and Nuclear Safety.
Goldberg Attorneys 2015
Attorney Michael Ullrich, LL.M. (Information Law)
Specialist Attorney for Information Technology Law
Email: info@goldberg.de
