The Plain & Simple WEEE & “Elektrogesetz” Compliance Scheme

THE PROBLEM

What’s WEEE?

Since 2003, the European WEEE Directive [Waste Electrical and Electronic Equipment] governs the putting on the market, the take-back, and the recycling of electrical and electronic equipment [EEE]. It defines the regulatory framework for the specific handling in the different member states of the EU. Due to dependencies of national recovery structures there is no pan-European implementation of the WEEE Directive. Instead, each member state has its own national legislation, requiring an individual Compliance solution per country.

What’s the “Elektrogesetz”?

The “Elektrogesetz” [“ElektroG”] is the German transposition of the WEEE Directive. Following the underlying “Polluter Pays Principle”  (PPP) it defines an extensive range of requirements and obligations for the producer or the first company that puts EEE onto the German market, above all the full coverage of the recycling costs. The “Stiftung EAR®” is the official Clearing House for Germany. In transposition of the updated WEEE2 Directive the new “ElektroG2” contains important additional regulations on the scope, the categorization of products, and the take-back of WEEE.

Who needs to act?

  • Producers : German manufacturers of EEE,
  • Importers : Resellers importing EEE into Germany and putting them onto the market for the first time,
  • OEM producers: Suppliers which put their own brand on EEE and sell them in Germany,
  • Distance sellers: National and international companies which directly sell EEE to end users in the EU, e.g. over the internet,
  • Dealers: Resellers that offer noncompliant EEE produced by third parties (“Reseller Rule”).

Which Products are WEEE-relevant?

Product CategoryExamples
1: Heat exchanging equipmentRefrigerators, freezers, clothes dryers with heat pump, aircos, oil heaters
2: Screens & monitorsTVs, monitors, touch panels, laptops, tablets, digital picture frames
3: LampsGas discharge lamps, energy saving lamps (CFL), neon tubes (TL), LED lamps, UV lamps
4: Large equipment (over 50 cm)
and Photovoltaic panels
Stoves, dishwashers, fitness equipment, kitchen hoods, electrical furniture, large luminaires, large electrical tools
5: Small equipment (up to 50 cm)Microwaves, toasters, coffee machines, small electrical tools, loudspeakers, HIFI electronics, measuring equipment, LED shoes, flashlights
6: Small IT and telecommunications equipment (up to 50 cm)Mice, keyboards, PCs, routers, telephones, chip cards, mobile phones, harddrives, GPS devices, small printers

What’s to do?

The producer or company that puts EEE on the market for the first time needs to provide the Compliance of the products along the following three categories, before they may be offered and sold in Germany:

 No Compliance – No Market!

Which fines and sanctions exist?

  • Legal complaints by competitors or other third parties
  • Fines of up to EUR 100000 per individual case
  • Sales ban until the products are compliant
  • Recall of the noncompliant products
  • Skimming of the profits for historical sales
  • Spreading of the risk of the above mentioned sanctions to all resellers which offer or sell noncompliant products [reseller rule]

THE SOLUTION

Ex-WEEE® – Our one-stop WEEE solution

The complexity and the complicated handling of the German “Elektrogesetz” make WEEE compliance in Germany a significant challenge for producers and other affected companies. An own solution has to satisfy a wide range of requirements and obligations. Normally, there are several different contacts, suppliers, and cost centers involved, resulting in high efforts and costs. In addition, reliable budgeting is near to impossible, due to the bad predictability of the variable costs. Also, errors during the implementation of the WEEE compliance and also the dynamics of the underlying regulations pose a high risk for all involved parties. Ex-WEEE® provides a one-stop solution for all requirements and obligations resulting from the German “Elektrogesetz”:

FAQ

The company that is putting new electrical and electronic equipment (EEE) on the German market for the first time, e.g. by offering it for sale, renting it,or as a giveaway. Resellers offering unregistered products may be punished like producers.
As soon as new EEE is put on the German market it needs to be registered. Please note that offering products for sale, e.g. in catalogues, on the internet, or on trade fairs requires a valid WEEE registration number.
No, each company needs to register its share of those products under a specific combination of brand mark and equipment type.

Yes. It’ll not suffice to apply for the WEEE registration number with just one pair of brand mark and equipment type, if you’re also putting additional brands and/or equipment types onto the German market.

No! Depending on the sales channels into the other countries you may be required to provide separate WEEE compliance solutions there. By the way: This also applies for non-EU countries like Switzerland or Norway. Contact us to learn more about your individual requirements.
As a waste-related legislation the WEEE Directive has been transposed on a national level, i.e. each member state of the EU has its own local legislation and recovery setting. While there are some compliance schemes in the market that promise a “pan European take-back system” no such WEEE solution exists, covering all of the EU countries. It is questionable whether such a compliance scheme will ever exist.

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