Take-back obligations pursuant to German ElektroG: Draft bill provides for fines of up to 100,000 Euro

Since last summer, consumers can return their old electrical and electronic equipment free of charge to stores. However, as already reported before in our News section, not all retailers fulfil their take-back obligation. The German government has therefore submitted a new draft legislation amending the ElektroG:

The draft amendment stipulates that not taking back a device, a non-correct, an incomplete or a not timely performed take-back is to be assessed as an administrative offense and then punished with a fine of up to 100,000 Euro.

In addition, the term “household quantity” according to § 17 is to be defined in detail by the fact that the obligation to take back a product is limited to five pieces of WEEE per device type (0:1 take-back obligation for small waste equipment).

As the Committee on the Environment, Nature Conservation, Construction and Reactor Safety decided unanimously to recommend an adoption of the drafted law, it is very likely that the new draft amendment will be adopted.

WEEE in Africa: New Legislations and Waste Management Plans

The correct collection and treatment of used EEE becomes an important topic in an increasing number of African countries:

Cameroon, Nigeria, Madagascar and this summer also Ghana, have already enacted WEEE legislations. However, official publication of the Ghanaian Hazardous and Electronic Waste Control and Management Bill, a precondition for its entry into force, is still pending. The Bill implements the Basel Convention and introduces the obligation for producers to register with the Environmental Protection Agency and to pay an eco-levy for EEE placed on the market.

In South Africa, only recently a Legal Notice to the Waste Act was published, informing the public about newly drafted rules requiring the electrical and electronic and the lighting industry to prepare and submit industry waste management plans. This draft also contains the obligations for responsible parties to register with competent authorities.

Four further African countries are currently developing management plans or legislation to cover the proper collection and treatment of WEEE: Kenya, Rwanda, South Africa, and Tunisia.

WEEE: German Associations Complain Lack of Take-Back Offers

Since July 24, 2016, customers can return their used electrical and electronic equipment at Point-of-Sale, including distance sellers. This new return possibility also applies to smaller devices, even if no new device has been bought.

However, according to recent press releases published by the German Umwelthilfe (environmental association) and the German Bundesverband Onlinehandel (German Association for Distance Selling), some distance seller, among them some bigger players, do not comply with this requirement. Customers who wanted to return their used devices could not do so.

Anyway, distance sellers are obliged to take back small devices (maximum side length of 25 cm) free of charge and, if there is no return station at reasonable distance, bear the costs for shipping.

1cc supports distance seller who have not yet established a take-back solution, with a respective service: Together with our sister company TechProtect, we have set up WEEE Collect4U. Besides the collection of outdated electrical and electronic equipment, WEEE Collect4U offers comprehensive consulting and services, e.g. with respect to new notification, reporting and information requirements.

For more information, please contact info@1cc-consulting.com.

WEEE: Debate About the Planned Treatment Ordinance

Compared to the German ElectroG of 2005, the revised ElectroG foresees important changes. One difference refers to the fact that according to §§ 11 and 24 governments are empowered to establish more detailed legal requirements via ordinances.

Based on § 24 ElectroG and asked by the Federal Environmental Ministry, the Federal Environmental Agency (UBA) kicked off the preparatory work for a so-called treatment ordinance. For doing so, UBA organized a working committee and four working groups. Stakeholders such as the Federal Environmental and the Federal Ministry for economic affairs, representatives of the German Bundesländer, the associations of the municipalities, industry associations and representatives of the academia were invited to join them.

It is the political objective of the new treatment ordinance to establish requirements for the treatment of WEEE aiming at improving the recuperation of critical secondary raw material such as rare earth metals and the withdrawal of harmful substances. The first draft of the treatment ordinance shall be available within the next 12 to 18 months.

We will keep you updated about this new legislation Project.

Major Changes from the New German WEEE Regulation (ElektroG)

The new ElektroG transposing the EU WEEE Directive (2012/19/EU) into German law has entered into force on October 24, 2015.

Producers, retailers and distance sellers have to fulfil a number of new and modified obligations from the new ElektroG, e.g.

• Definition of “producer” has been extended to distance sellers from abroad offering or selling EEE directly to German end-users
• Foreign producers have to appoint a German authorized representative, who fulfils all responsibilities under the new ElektroG in his own name, such as registration, reporting, information of users etc. Moreover, foreign producers need to adapt their registration with Stiftung ear accordingly
• Guarantee requirements have been changed: i.e. the blocked bank account is not accepted anymore as financial guarantee from 2016, however a new option for smaller volumes has been introduced
• Retailers with a sales area for EEE of at least 400m² have to take back small EEE (with a maximum edge length of 25 cm) from consumers free of charge and without the consumer buying new products; in the case of direct sellers (e.g. webshops) each EEE storage and consignment area in Germany is considered
• Information of consumers: producers and retailers have to inform private households about the take back possibility they have setup, the erasure of personal data before returning WEEE, and the meaning of the crossed-out wheeled waste bin symbol
• Fee schedule (“Gebührenverzeichnis”) has been changed: some fees charged by Stiftung ear have been decreased, others have been increased considerably; moreover new fees have been introduced, e.g. for the approval of an authorized representative and for the change of the registered type of equipment after reassignment
• The catalogue of sanctions has been extended: now also e.g. improper labelling and the improper setup of an authorized representative are regarded as a regulatory offence and can be fined

So far only a German version is available:  http://www.bgbl.de/xaver/bgbl/start.xav?startbk=Bundesanzeiger_BGBl&jumpTo=bgbl115s1739.pdf
The related new cost ordinance (ElektroGGebV) can be found here:  http://www.bgbl.de/xaver/bgbl/start.xav?startbk=Bundesanzeiger_BGBl&jumpTo=bgbl115s1776.pdf

1cc is happy to advise you individually in analyzing the impact of new requirements on your business and on your WEEE registrations. Furthermore, 1cc has developed several new services in order to support your company to fulfil new and modified obligations from the new ElektroG.

For more information, please contact us at info@1cc-consulting.com.

New German ElektroG2: 1cc Support for Retailers and Distant Sellers

As one of the last EU member states, Germany has put into force its implementation of the EU WEEE Directive 2012/19/EU into national law last Saturday: The ElektroG2 went effective on October 24, 2015. Compared to the former ElektroG1, the new ElektroG2 foresees various changes and new obligations also for retailers and distance sellers.

As distributors will have to face new collection requirements at point-of-sale (0:1 and 1:1 take-back), we offer collection solutions which could be easily established, together with our sister company TechProtect. These collection solutions are completed by our comprehensive consulting for obliged distributors of electrical and electronic equipment, e.g. with respect to new notification and information requirements, as well as our administrative services.

For more information, please contact info@1cc-consulting.com.

German ElektroG2: New 1cc Services for the appointment of an AR

As one of the last EU member states, Germany transposes the new EU WEEE Directive (2012/19/EU) into national law: The ElektroG2 will enter into force on October 24, 2015. One of the most important changes refers to the new producer definition and the appointment of an Authorized Representative (AR).

A foreign distance seller who sells directly to end-users in Germany is then explicitly mentioned to be the “producer” and will therefore have to fulfil all producer obligations as e.g. registering and reporting. In order to manage this task, he will have to appoint an AR. If a foreign manufacturer sells its products via the distribution channel, the importer is considered to be the “producer”. However, the law still provides the possibility that the manufacturer appoints an AR in Germany who assumes all obligations.

1cc has elaborated different courses of action to ensure your future WEEE compliance in Germany:

1. Evaluation of your current WEEE obligations (sales via an importer, only distance selling, sales via an importer and distance selling)

2. Individual assessment of the options to appoint an AR:

• Appoint a German entity of your company group as your AR
• Appoint a German distribution partner as your AR
• Contract a third party service provider as your AR
• Set up an new German-based entity as your AR

3. Organising the necessary contracting with the selected AR and adaptation of your registration with Stiftung ear

For more information, please contact us at info@1cc-consulting.com

WEEE: Changes in EAR Category 5 – B2C Lighting Equipment

In the light of the upcoming German ElektroG2, Stiftung EAR has adapted the types of equipment that fall under Category 5 for Lighting Equipment:

Type of equipment 5.1.1 “Gas discharge lamps, for the use in private households” remains unchanged.

Completely new is type of equipment 5.1.2. “Lamps, except gas discharge lamps, for the use in private households”. LED lamps e.g. will fall under this new type of equipment.

Luminaires with exchangeable light sources have been added to type of equipment 5.2. “Luminaires and devices for the dispersion of light for the use in private households”. Luminaires with non-exchangeable, fixed light sources remain in this type of equipment. 

Companies who need a different or additional registration, have to inform Stiftung EAR within a period of three months after the new ElektroG2 has entered into force. 1cc will support you with the necessary support and services.

For more information please contact info@1cc-consulting.com.

Germany: 1cc Supports Retailers in Take Back of WEEE

The new German regulation on WEEE (ElektroG2) is expected to come into force in autumn having passed the German Federal Council in the beginning of July without any amendments. Besides other changes it imposes new obligations on retailers including distance sellers. Amongst others, end users will be allowed to return their WEEE to a retailer free of charge. Retailers have to assure the environmentally sound recycling.

Our clients benefit from comprehensive consulting, for instance on information and notification requirements, as well as our administrative services. Together with our affiliated company TechProtect we offer convenient take-back solutions to retailers for 0:1 take-back (this means no initial purchase is made at the same time) as well as for 1:1 take-back (an equivalent device is bought).

Are you interested? Please contact:: info@1cc-consulting.com

WEEE Recast: EU refers Germany to Court for failure to transpose EU Directive

The European Commission is now referring Germany to the EU Court of Justice: Up to date, Germany has not transposed EU Directive 2012/19/EU on waste electrical and electronic equipment (WEEE Recast) into national law, although the deadline for implementation has expired on February 14, 2014.

Due to this failure, the EU Commission is asking the Court, on the basis of the procedure set out in Article 260(3) TFEU, to impose a penalty payment on Germany in the amount of EUR 210 078 per day until the new legislation is enacted.

In Germany, the WEEE Recast is transposed by the German ElektroG2. A respective draft legislation has been published and will be discussed in an official hearing by experts on July 17, 2015. Because of the pending financial sanctions, the legislation process could be pushed. So far, the new ElektroG2 was expected to enter into force only at the end of this year.