ElektroG (German Electrical and Electronic Equipment Act)

In addition we also are qualified to perform certifications according to the ElektroG (German Electrical and Electronic Equipment Act

The Elektrogesetz (German Electrical and Electronic Equipment Act)

In Germany, in the course of implementing the WEEE directive, the “German Act Governing the Sale, Return and Environmentally Sound Disposal of Electric and Electronic Equipment (ElektroG) was adopted. In January 2005 the law was adopted by the German Bundestag. In February 2005 the German Bundestag passed the law. First parts (especially the equipping and funding of the joint body) came into force on 24 March 2005. Other parts (in particular the recycling) became valid on 13 August 2005. Since the end of 2006, all parts of the Electrical and Electronic Equipment Act apply in Germany. Until the end of 2012, the German Electrical and Electronic Equipment Act also contained specification on the maximum concentrations of hazardous substances in electric and electronic devices (RoHS). In addition, since the implementation of the new RoHS2 directive in 2013, there is also a new electric materials directive. The current Electrical and Electronic Equipment Act governs, among other things, the following: 

  • Which devices fall within the range of application of the Act? Which manufacturers, importers and resellers are affected also results from this.
  • What must be observed in the new design of electrical/electronic devices?
  • Which responsibilities and tasks does the joint body have?
  • How must the recorded devices be marked?
  • What is the procedure for collecting, taking back and recycling waste electronic equipment?
  • What deadlines does the Electrical and Electronic Equipment Act provide for the different affected bodies?
  • Which sanctions are there in case of violations of the Electrical and Electronic Equipment Act?
Objectives of the ElektroG (German Electrical and Electronic Equipment Act)

The Elektrogesetz (German Electrical and Electronic Equipment Act) [ElektroG] governs the sale, disposal and recycling of electric and electronic devices in Germany. Manufacturers, importers (and sometimes even resellers) are responsible to a much greater extent than in the past for the entire life cycle of the devices they produce and bring into the market. They have to ensure the disposal of old electric and electronic devices as well as their proper recycling. In future, by means of financial securities (guarantees), administered by an external trustee, it should be prevented that the state has to come up for the costs of disposal of sold consumer devices, after a manufacturer has been declared insolvent.

Backround

The first EU-wide regulation on the sales and disposal and recycling of electric and electronic devices from the year 2003, preceded the definition and implementation of the Electrical and Electronic Equipment Act in Germany. In the EC Directive 2002/96/EC [Waste Electrical and Electronic Equipment, WEEE] relevant provisions for the different EU member states were specified for the first time. The states were instructed to implement the WEEE in their own laws or directives. By now, the WEEE provisions have been amended in the Directive 2012/19/EC. By 2018, the previous regulations will be replaced step by step with the new requirements.

Implementation

In the course of the so-called “sovereign lending”, the “Electric old devices register” [EAR] association was entrusted with the tasks of the “joint body” of all affected manufacturers as mentioned in the Electrical and Electronic Equipment Act, by the Federal Environment Agency. The association bundles the functions which must be performed by the state for the implementation of the Electrical and Electronic Equipment Act, for example: 

  • Registration of all manufacturers, importers and resellers as well as the devices,
  • verification of the guarantees and securities for such devices, which could also be offered to end users,
  • coordination of the provision of suitable containers and the collection of discarded devices,
  • monitoring of the implementation of the law and, in case of violation, sanctions,
  • collection of fees.
Impact

The Electrical and Electronic Equipment Act has different effects on the different relevant bodies

 ... on the end user

The consumer may drop off all electric and electronic devices purchased after 13 August 2005, covered by the Electrical and Electronic Equipment Act, for free at the closest collection point. Due to the registration and use of the manufacturers, importers and resellers, an additional, indirect financial burden (e.g. increased prices for devices or communal waste fees) should be avoided. However, it must be assumed that the manufacturers will include the relevant costs in the price of their products.

... on manufacturers, importers and resellers

The greatest effort will be for the manufacturers, importers and resellers of the respective electric and electronic devices. Not only do they have to consider the best possible recycling of their products during design and productions, but they are also responsible for taking back and properly disposing the devices. The have to register themselves and their devices at the EAR association. Later, they are obliged to independently organise the return, treatment and recycling or disposal of their products and prove this to the association.

Depending on whether the device type can only be used by commercial customers [Business to Business, B2B], or also by private end customers [Business to Consumer, B2C], a so-called insolvency-safe guarantee by means of appointing a trustee is necessary. This financial reserve is intended to avoid the state being left with the disposal of the sold devices after a manufacturer goes bankrupt.

All affected companies (and their products) must be registered with the EAR association, before they can be sold. Electric and electronic devices that fall under the area of application of the Electrical and Electronic Equipment Act must have special markings. Manufacturers must take back comparable consumer devices and have them disposed upon request by the EAR association. Various measures should ensure that the objectives of the Electrical and Electronic Equipment Act are achieved. For example, a collection rate of 4 kg of waste electronic equipment per inhabitant and year in Germany.

In case of non-registration or other violations of the Electrical and Electronic Equipment Act, companies face fees of up to Euro 100,000, levy of profits and prohibition of sales. Furthermore, they put themselves at risk of written warnings.

... on the public waste management authorities (örE)

The various public waste management authorities must offer suitable collection points for the devices covered by the Electrical and Electronic Equipment Act. The electric and electronic devices returned by private end users must, already at this point in time, be sorted into waste electronic equipment collection groups:

  • large household appliances and automatic output devices,
  • cooling/air conditioning units and oil heaters,
  • information and telecommunication devices as well as entertainment electronics,
  • gas discharge lamps,
  • small household appliances, lighting, electric and electronic tools, toys, medical devices, sports and leisure equipment as well as monitoring and control instruments.

 

 

 

Procedure for disposal according to ElektroG (German Electrical and Electronic Equipment Act)

The public waste management authorities registers the full containers of one of the five above collection groups with the EAR association. The association determines by means of a mathematical algorithm the manufacturers whose turn it is for collection. The manufacturer must ensure that the container is promptly collected by a logistics company, appointed by the manufacturer, and is then recycled by a certified disposal company.

Until the instruction for collection, the location of the collection point is unknown to the manufacturer. The composition of the electric scrap in the container can only be restricted according to the relevant collection group. The exact content and weight depends on the random disposal of products of the different manufacturers in the same collection group.

We will gladly provide you with more information in a personal discussion about the procedure for the assessment according to EfbV, the AltfahrzeugV or the ElektroG.

Certification in 5 steps

1.Recording of the company data 2.Creation of quotation and contract (Certification Agreement) 3.Competent inspection at your company premises 4.Report 5.Issuing of certificate

As an accredited certification body our auditors are available to you for the entire certification process.