The "Elektrogesetz"

Contents

   • Objectives
   • Background
   • The "Elektrogesetz" [ElektroG]
   • Implementation
   • Effects
      – on the Consumer
      – on Producers, Importers and Resellers
      – on Public Waste Management Authorities
   • Recovery Procedure

The new Electrical and Electronic Equipment Act [ElektroG] manages the recovery and recycling of electrical and electronic equipment in Germany. Producers, Importers and (under certain circumstances) Resellers are now more than before responsible for the products they put on the market during their complete life span. They have to take back and dispose the "Waste of Electrical and Electronic Equipment" (WEEE) at their own charge, not only from business users but (via the municipal collection points) also from consumers. Financial guarantees for the event of insolvency ensure that the state doesn't have to pay for the remaining WEEE of a bankrupt producer.

In addition the "Elektrogesetz" limits and reduces the use of certain hazardous substances (RoHS), e.g. lead or quicksilver, in newly designed and produced equipment.

Altogether, the "Elektrogesetz" has three central objectives:
1. Avoiding WEEE,
2. Reduction of the total amount of waste by the reuse of WEEE and definition of collection and recovery rates,
3. Reduction of hazardous substances in new electrical and electronic equipment.

The definition and implementation of the German "Elektrogesetz" law follows the regulation of the return and treatment of WEEE as directed by the European Union in the year 2003. The specifications for the national implementation of the central objectives of these regulations were recorded in the following directives:

1. The "Waste Electrical and Electronic Equipment" [WEEE] directive, and
2. The "Restriction of Hazardous Substances" [RoHS] directive.

All 27 member states of the European Union were ordered to implement these directives in national laws and regulations.

     EU Directive 2002/96/EC (WEEE)

     EU Directive 2002/95/EC (RoHS)

In Germany the different EU directives for WEEE and RoHS have been implemented in the "Act Governing the Sale, Return and Environmentally Sound Disposal of Electrical and Electronic Equipment (Electrical and Electronic Equipment Act, or ElektroG)". The law passed the German Bundesrat and Bundestag in spring 2005. First parts of it (above all the set-up and designation of a national clearing house) went into force on March 24, 2005. Further parts (regarding the recovery of WEEE) are valid since August 13, 2005. Since beginning of 2007, all parts of the German "Elektrogesetz" are in effect.

The "Elektrogesetz" regulates the following issues:
- Which equipment is within scope of the law? Which producers, importers and resellers are affected?
- What has to be considered for the design and production of new electrical and electronic equipment after August 13, 2005?
- Which substances must be avoided or reduced in new equipment?
- What are the duties and competences of the national clearing house ("Stiftung EAR")?
- How does the registered product have to be labeled?
- What has to be considered for the collection, return and recovery of WEEE?
- Which deadlines does the law provide for the different organizations?
- Which consequences can arise from violations of the "Elektrogesetz"? Who is controlling and enforcing administrative acts?

     German Federal Ministry for the Environment (ElektroG)

On July 6, 2005 the Federal Environmental Agency [Umweltbundesamt] designated the competences and responsibilities of the national clearing house to the "Stiftung Elektro-Altgeraete Register [EAR]" in Fuerth, Germany. EAR, as a producer representation, combines and carries out all functions and duties needed for the German implementation of the "Elektrogesetz" in the name of the state, i.e.

- Register producers, importers and (maybe also) resellers and their equipment,
- Examine and certify the financial guarantees for equipment which can also be used by consumers,
- Coordinate the provision of suitable containers and collection of WEEE,
- Control and enforce the implementation of the law,
- Raise fees and fines.

Since July 2005, EAR is accepting registrations of producers and their equipment. Not all of the obligations of the "Elektrogesetz" are covered by the clearing house (e.g. section 5: Prohibited Substances).

     Stiftung EAR (national clearing house)

The impact on the different parties affected by the "Elektrogesetz" varies:

Starting with March 24, 2006, the consumer may return WEEE covered by the "Elektrogesetz" free of charge at the nearest public collection point. The registration of the producers, importers and resellers and their responsibility for the recovery of their WEEE additional indirect costs (e.g. through increased equipment prices or municipal waste collection fees) should be avoided.

Producers, importers and resellers of electrical and electronic equipment have to carry the major part of the obligations following the German "Elektrogesetz". Not only do they have to consider the subsequent recovery at the end-of-life of their products, they are also responsible for the recovery and ecological disposal of their WEEE. These companies have to register themselves and their equipment at EAR. As soon as the system starts they will have to care for the recovery, treatment, reuse or disposal of the WEEE and continuously report the results to EAR.

If the equipment which is put on the market can't exclusively be used by business clients [B2B] but also by consumers [B2C] a "guarantee for the event of insolvency" is needed. This financial reserve should ensure that the state doesn't have to pay for the recovery of the remaining WEEE of a bankrupt producer.

All affected producers and their products have register at EAR since November 24, 2005. Starting with March 24, 2006, all registered devices must be labeled. From that date on the producers are responsible for the recovery and disposal respectively reuse of the equipment they put on the market. They also have to report to EAR on a regular basis [Monitoring]. Various measures should ensure that the objectives of the "Elektrogesetz" will be reached. For example, by the end of 2006 each German commune should reach a minimum quota of 4 kg of WEEE per capita.

Violations of the "Elektrogesetz" can result in fines of up to 50,000 Euro or even end up in a prohibition of sale.

The public waste management authorities have to prove suitable collection points for the return of WEEE. On the hand-over by the consumer the waste is divided into 5 separate types [collection groups]:

1. Large household appliances, automatic dispensers,
2. Refrigerators and freezers,
3. IT and telecommunications equipment, consumer equipment,
4. Gas discharge lamps,
5. Small household appliances, lighting equipment, electric and electronic tools, toys, sports and leisure equipment, medical products, monitoring and control instruments.

The local collection points report a full container of one of the different collection groups to EAR. Using a specific mathematical algorithm the clearing then determines the appropriate producer who will be responsible for its collection. The producer has to ensure that the container is immediately picked up by a logistics company and recovered and treated by a certified treatment facility afterwards.

The location of the collection point is not defined in advance and remains unknown until EAR instructs the collection. The composition of the WEEE in the container can only be isolated along the appropriate collection group. The exact content and weight depends on the random WEEE of the different producers in the same collection group.