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International Review of Waste Management Policy - Department of ...

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21.0 Producer Responsibility, WEEE - Germany<br />

21.1 Outline <strong>of</strong> <strong>Policy</strong><br />

According to the Electrical and Electronic Equipment Act (Elektro- and<br />

Elektronikgerätegesetz - ElektroG) producers are obliged to take back waste electrical<br />

and electronic equipment (WEEE) and either reuse, recycle or dispose <strong>of</strong> the collected<br />

items according to ecological standards. 458<br />

The aims <strong>of</strong> the ElektroG - being identical to the WEEE-Directive and RoHS – are:<br />

406<br />

� to prevent and reduce the amount <strong>of</strong> WEEE;<br />

� to reduce waste volumes through reuse and through provisions for collection,<br />

recovery and recycling <strong>of</strong> WEEE;<br />

� to reduce the content <strong>of</strong> hazardous substances in equipment; and<br />

subsequently; and<br />

� to reduce the amount <strong>of</strong> hazardous substances in the residual waste by<br />

banning the disposal <strong>of</strong> WEEE via the residual waste stream.<br />

The ElektroG contains different regulations for WEEE from the commercial sector<br />

(B2B) compared to from private households (B2C). These are set out below.<br />

Collection Collection <strong>of</strong> <strong>of</strong> WEEE WEEE from from commercial commercial sector (B2B)<br />

According to Art. 10 para 2, ElektroG producers are responsible for the disposal <strong>of</strong><br />

WEEE from the purely commercial sector, provided it is electrical and electronic<br />

equipment that is placed on the market after 13 th August 2005. End-users are<br />

responsible for equipment placed on the market before 13 August 2005. Producers<br />

and users may reach an agreement which departs from the aforementioned<br />

provisions. The party responsible for disposal shall either reuse WEEE or its<br />

components, treat or dispose <strong>of</strong> it in compliance with the provisions <strong>of</strong> the ElektroG,<br />

and shall bear the costs <strong>of</strong> disposal.<br />

The definition <strong>of</strong> B2B equipment depends, in practice, on whether the equipment is<br />

used exclusively by businesses, and is determined by the characteristics <strong>of</strong> the<br />

equipment (e.g. the type and place <strong>of</strong> use, special pre-conditions for the use <strong>of</strong> the<br />

equipment, qualified personnel). The distribution channels (e.g. delivery only to<br />

commercial distributors) are not relevant for classification as B2B equipment.<br />

B2B equipment shall not be delivered to local authority public collection sites and<br />

collected with WEEE from private households, and therefore will not pr<strong>of</strong>it from the<br />

free <strong>of</strong> charge take-back obligations. Producers are not obliged to collect B2B<br />

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

Equipment, as <strong>of</strong>: 23 rd March 2005, Federal Law Gazette BGBl. I, p. 762.<br />

29/09/09

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