Compliance requirements in Germany

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WEEE Regulations

Batteries Regulations

Packaging Regulations

WEEE requirements

Registration timescale

1 June to 24 November 2005

Registration agency

The Elektro-Altgeräte Register (EAR) Foundation is the National Clearing House and received governmental responsibilities from the Federal Environmental Agency (Umweltbundesamt) as the Competent Authority upon authority decision on July 6, 2005

Elektro-Altgeräte Register(EAR) Foundation

Collection and recycling obligations for B2B WEEE

The EC Waste Electrical and Electronic Equipment (WEEE) Directive was implemented in Germany as the ElektroG Act. All producers of electrical and electronic equipment in Germany were required to register with the Elektro-Altgeräte Register (EAR) by 24 November 2005. Producers who are not registered with the EAR are prohibited from putting EEE on the market in Germany. In February, the federal authorities revealed 4,225 producers had registered.

The next deadline that producers of business products must meet is to provide collection and recycling of WEEE arising from new product sales from 23 March 2006. The EAR will contact business producers to ask what collection and recycling arrangements they have put in place in Germany.

WEEE collection and recycling for business products (known as business-to-business or B2B) is fundamentally different from collection and recycling of household products (known as business-to-consumer or B2C). Producers of B2C products are required to finance collection and recycling of household WEEE deposited at local collection facilities (e.g. civic amenity centres and high street retailers). In Germany and most other Member States, the quantity of WEEE that each B2C producer is required to collect and recycle from these local collection facilities is calculated based on their market share of new product sales. In practical terms, B2C producers do not have any option but to join a compliance scheme in each Member State. The compliance scheme will organize collections of WEEE from civic amenity sites on behalf of all its member companies.

For producers of B2B products, the situation is quite different. In Germany and almost all other Member States, business WEEE can not be deposited at civic amenity sites or other collection facilities for household WEEE. Instead, the B2B producer must provide arrangements for the WEEE to be collected from the business end-user’s premises by a licensed waste carrier and taken to a licensed WEEE recycler.

Article 10 (2) of ElektroG requires producers of B2B products ‘to provide a reasonable option for the return and recycling of WEEE’. Most B2B WEEE compliance schemes and recyclers are keen to quote for collection of B2B WEEE from the business end-user’s premises because it is an opportunity for them to generate additional revenue. However, in most Member States conventional logistics companies have the necessary waste carrier licenses and are very well suited to collect WEEE from business end-users. In this case, involving a third party such as a B2B WEEE compliance scheme or a recycler to arrange collections from business end-users can simply increase administrative costs.

Regulations in English Regulations in German

Batteries requirements

Registration timescale

Original deadline delayed. Now expected around March 2010.

Registration Agency
Ministry of Environment (UBA)

Registration, collection and recycling obligations for batteries producers

Producers of portable batteries

Draft final Regulations published on 21/01/09 encourage portable batteries producers to join single collective system (operated by GRS) Individual compliance permitted (approximately 100 of the 850 registered producers comply through individual arrangements), although the final draft Regulations now require individual systems to offer take back of waste portable batteries free of charge from any collection point nationwide. Individual systems for portable batteries must now also be approved by and report to the Umweltbundesamt (UBA).

Producers of industrial batteries

Presently, the take-back and recycling of industrial batteries is regulated by agreements between producers and end-users. Sales data to end-user / battery recovery data reported to ZVEI (German Association of Battery Manufacturers).

Battery Regulations in English

Battery Regulations in German

Packaging requirements

Obligated parties must register and submit data based on the amount of packaging handled to the Federal Ministry of Environment.

Packaging producers, packers, importers, and distributors may contract with third parties to meet their take back obligations and recovery and recycling targets.

The Novelle stipulates that for sales packaging arising from business end-users, alternative agreements may be made regarding the place where used packaging is given back and other cost arrangements.

Thresholds

Applies to all manufacturers and distributors obligated by VerpackVO.

Distributors with sales areas of less than 200 m2 are only obliged to accept returned sales packaging that they have put on the market.

The requirement to submit an annual audited data return applies only to companies (unless requested) that place more than the following tonnages of each material used in sales packaging on the German market each year:

  • over 50 tonnes of glass, or;
  • over 50 tonnes of paper/board, or;
  • over 30 tonnes of plastics/tinplate/aluminium/composites

These companies are still obligated to participate in a dual system.

Packaging Regulations in English

Packaging Regulations in German

Meeting the requirements

Our services help you meet your producer obligations in all member states.