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

November 2005, as of March 2006, only half of the companies thought to be
obligated to register had done so.
Regulatory offences listed in Art. 23 ElektroG are aimed at producers placing
electrical and electronic equipment on the market. Contravening the regulations of
the ElektroG can result in fines. Producers failing to register can be subject to a fine
up to €50,000. Other offences, like failing to collect containers, can result in a fine of
up to €10,000.
In order to investigate violations of the regulations, an initiative of recycling
companies led to the setting up of a control body called ÜWEG e.V.
(Überwachungsverein zur Wahrung des ElektroG – www.ueweg.de ).
Except for the EAR, the enforcement authorities of the Länder (German states) are
spared the responsibility of monitoring and controlling to any large degree.
21.11 Lessons Learned
Key factors that determine the success of the producer responsibility for WEEE
include:
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� That industry designs its products for the purpose of reuse and recyclability;
� That there are no free-riders. In other words, all companies need to register
with the EAR;
� That the collection and treatment infrastructure is tailored to the amount of
WEEE disposed; and
� That consumers find the take-back system comfortable and are not
encouraged to dispose of WEEE illegally. This is particularly a problem for
small electric appliances, which may find their way into the residual waste
stream.
21.12 Prerequisites for Introduction
The essential elements that are required for this particular policy to be introduced
are:
1. “Willingness” of the industry to devise and implement its producer
responsibility, e.g. organising the recycling system;
2. Capacity to build up a recycling infrastructure, e.g. sufficient personnel in the
communities for collection points, transport capacity, collection containers).
3. No legal obstacles against a take-back system that is run by industry, e.g. antitrust
law.
29/09/09