Revised German ElektroG (Electrical and Electronic Equipment Act) and new scale of fees applying to the Act!
Bad Birnbach, January 15, 2015 – The European WEEE Directive (recast) (2012/19/EU) has now been implemented in German national law: On 23 October the “Gesetz zur Neuordnung des Rechts über das Inverkehrbringen, die Rücknahme und die umweltverträgliche Entsorgung von Elektro- und Elektronikgeräten”, i.e. the revised ElektroG, Electrical and Electronic Equipment Act was published in the Bundesgesetzblatt (BGBl., Federal Gazette). At the same time the Gebührenverordnung zum ElektroG (ElektroGGebV) (new scale of fees applying to the revised Act) was published. As a result, the Act and the associated Regulation came into force on Saturday, 24 October 2015.
The most significant changes in the German ElektroG include:
- All electronic and electrical products are covered by the ElektroG; exceptions must be specified explicitly.
- The definition of ‘manufacturer’ has been broadened significantly. For instance, a company that has its headquarters outside Germany and offers products directly via remote communication technology (e.g. via advertising) without itself distributing the products is deemed to be a manufacturer.
- LED lamps are once again and with immediate effect included in a common collection category together with gas discharge lamps.
- PV modules and light fittings in private households will become subject to registration within 3 months of the ElektroG coming into force.
- Foreign manufacturers without a local subsidiary in Germany must either establish a subsidiary or commission an authorized representative and communicate this to the UBA (Umweltbundesamt, Federal Environment Agency). This representative then takes on all obligations and rights pertaining to the manufacturer within Germany. Foreign manufacturers who are already registered must fulfil the new requirements within 6 months, otherwise the registration will lapse.
- Obligation to take back: From the 9th month following coming into force (or from 24 July 2016) traders in electronic products who have more than 400 m2 of sales area must be prepared to take back old devices of which no external dimension measures more than 25 cm, without the bringer being under any obligation to buy something new. For larger devices the obligation to take back only applies when a similar product with similar functions is purchased.
- Online traders (with more than 400 m2 of storage and dispatch area) must organize taking back the old devices within a ‘reasonable distance’ to the customer.
- Financing guarantee: Every calendar year, all manufacturers or their representatives must provide the respective authority with an insolvency-secured guarantee regarding the financing of taking back and disposal of the electrical and electronic devices that they have distributed to the market since 13 August 2005 within the scope of application of the ElektroG and that can be used in private households. The beneficiary of the guarantee must be the ‘Stiftung EAR’ (national register for waste electric equipment).
All the ElektroG regulations enter into force immediately; the FBDi draws express attention to the following, important transition periods:
1 Jan. 2016 – Change in the B2C guarantee disposition; collection rate increases to 45%.
24 Jan. 2016 – Obligation to report for traders who already take back voluntarily (so-called ‘own take-back systems’).
1 Feb. 2016 – Obligation to register for PV modules and light fittings in private households; reorganization of the collection categories.
24 Apr. 2016 – Requirement to name a representative for foreign manufacturers without German subsidiaries.
24 Jul. 2016 – Start of obligation to take back for major traders; start of requirement to provide information to consumers.
15 Aug. 2018 – Reorganization of the product categories ‘open scope of use’ and all other changes in the ElektroG apply from this date.
1 Jan. 2019 – Collection rate 65%
The FBDi draws express attention to the fact that with this revision of the ElektroG changes to the KreislaufwirtschaftsG (Life-Cycle Management Act) and the BatterieG (Battery Act) have been made concurrently.
New scale of fees in force
In addition, the new scale of fees applying to the ElektroG ElektroGesetzGebührenVerordnung (ElektroGGebV) was also published in the Federal Gazette and is in force since 24 October 2015. It replaces the previous fee scale called the ElektroGesetzKostenVerordnung (ElektroGKostV). Contrary to what was to be hoped for, the fees are now even higher than before: For instance: €499.60 net for registering a B2C trader with a manufacturer-specific guarantee (€210.50 for the registration and €289.10 for the guarantee); or €407.40 plus VAT for a B2B trader (registration €210.50 and €196.90 for verification that credible evidence has been furnished). The cheaper supplementary registrations have been dropped completely, so that instead of €35 (net) as before each extra registration now costs €210.50 plus VAT. The confirmation of a named representative costs €264.90 plus VAT. In this connection, a significant change has been the switch from the previous digital EAR system to a new web-based version.
# # #
About FBDI e. V. (www.fbdi.de):
The FBDi e.V. – Fachverband der Bauelemente Distribution e.V. (Professional Association of Component Distribution), founded in 2003, is well-established in the German association community and represents a large portion of distributors of electronic components with operations in Germany. In addition to the preparation and advancement of numerical data and statistics concerning the German distribution market for electronic components, work group engagement and reporting on important industry themes (amongst others, education, liability and rights, traceability, and environmental themes) form essential pillars of the association’s work. The FBDi is a member of the International Distribution of Electronics Association (IDEA).
Member companies (as of January 2016):
Acal BFi Germany, Arrow Central Europe, Avnet EM EMEA (EBV, Avnet Abacus, Silica, Avnet Memec, MSC Technologies), Beck Elektronische Bauelemente, CODICO, Conrad Electronic SE, ECOMAL Europe, Endrich Bauelemente, EVE, Farnell, Future Electronics Deutschland, Haug Components Holding, Hy-Line Holding, JIT electronic, Kruse Electronic Components, MB Electronic, Memphis Electronic, MEV Elektronik Service, Mouser Electronics, pk components, RS Components, Rutronik Elektronische Bauelemente, Schukat electronic, Distrelec Schuricht, SHC, TTI Europe.
Supporting members: elotronics, FCI Electronics, TKD Europe
Information about FBDi: