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.