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SUbstance flow analysis of the recycling of small waste electrical ...

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2. Background and definitions 27<br />

2.2.2. German legislation<br />

The Act Governing <strong>the</strong> Sale, Return and Environmentally Sound Disposal <strong>of</strong> Electrical and<br />

Electronic Equipment <strong>of</strong> 16 March 2005 (ElektroG) transposed <strong>the</strong> European WEEE Directive<br />

into German legislation.<br />

The producer responsibility defined by <strong>the</strong> ElektroG is a shared responsibility (Rotter et al.<br />

2008), since <strong>the</strong> producers are responsible for taking back and treating WEEE, whereas<br />

public <strong>waste</strong> management authorities (municipalities) provide free <strong>of</strong> charge <strong>the</strong> collected<br />

equipment for pick-up by <strong>the</strong> producers. According to Section 9 (6) <strong>of</strong> ElektroG, public <strong>waste</strong><br />

management authorities can also choose not to make <strong>the</strong> WEEE available for pick-up. At<br />

municipal collection facilities in Germany, WEEE has to be collected in <strong>the</strong> following five<br />

collection groups:<br />

1. Large household appliances and automatic dispensers<br />

2. Refrigerators and freezers<br />

3. IT and telecommunications equipment and consumer equipment<br />

4. Gas-discharge lamps<br />

5. Small household appliances, lighting equipment, electric and electronic tools, toys,<br />

sports and leisure equipment, medical products, monitoring and control instruments.<br />

SWEEE as defined in this <strong>the</strong>sis belongs to <strong>the</strong> collection groups 3 and 5.<br />

In addition to <strong>the</strong> municipal collection scheme, producers may choose to set up and operate<br />

individual or collective take-back systems for WEEE from private households. In this case,<br />

<strong>the</strong> producer has to cover all additional costs <strong>of</strong> collection. Retailers may voluntarily accept<br />

returned WEEE and transport it to <strong>the</strong> producer or <strong>the</strong> municipal collection facilities.<br />

In accordance with section 6 <strong>of</strong> ElektroG, <strong>the</strong> producers set up a clearing house, <strong>the</strong><br />

foundation Elektro-Altgeräte Register (EAR). The clearing house serves as a national<br />

register for producers, a coordinating body for container pick-up (allocation <strong>of</strong><br />

responsibilities) and collects <strong>the</strong> data reported by producers on quantities <strong>of</strong> WEEE collected<br />

and treated to submit <strong>the</strong>m to <strong>the</strong> Federal Environmental Agency (‘Umweltbundesamt’).<br />

Figure 2 illustrates <strong>the</strong> <strong>flow</strong>s <strong>of</strong> WEEE and <strong>of</strong> information between municipalities, clearing<br />

house, producers and recyclers. Bilitewski et al. (2008), Gallenkemper et al. (2008), Prelle<br />

(2008), Rhein et al. (2008), Rhein et al. (2008b) and Rotter et al. (2008) discussed various<br />

aspects related to <strong>the</strong> practical implementation <strong>of</strong> <strong>the</strong> regulations <strong>of</strong> <strong>the</strong> ElektroG. The<br />

studies report practical difficulties related to a fair distribution <strong>of</strong> <strong>the</strong> financial responsibility<br />

over <strong>the</strong> producers.

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