X

WEEE recast adopted in Germany to impact international producers

Germany has finally adopted draft legislation implementing the recast WEEE Directive 2012/19/EU.

UK producers that sell directly to customers in Germany, through an online store or by mail order, or have a legal sales presence in the country, could face significant changes to the scope of their obligations – even if they currently comply with German WEEE regulations.

The new law, ElektroG2, is expected to enter into force on 10 August 2015 with some action required by obligated producers from that date, and certain product groups (such as PV panels and luminaires in private households) moving into scope later in the year.

How will this impact UK producers selling in Germany?

A change to the definition of a ‘producer’
From the date the new law enters into force, the mere ‘offering for sale’ of electrical and electronic equipment in Germany will qualify companies to be considered ‘producers’. The obligation begins from the moment a product in scope is advertised, be it online or in sales brochures. The actual placing on the market, or sale of a product, is no longer required as an obligation criteria.

Mandatory legal presence
Obligated producers without a legal presence in Germany can no longer register or remain registered.

Foreign companies will be required to either set up a branch in Germany or appoint an Authorised Representative (AR), established in Germany, who will fulfil all registration and reporting requirements on their behalf. This must take place within six months of ElektroG2 coming into force.

Move towards an ‘open scope’
Photovoltaic modules and luminaires in private households – currently exempt from obligations in Germany - will move into scope only three months after ElektroG2 comes into effect. By November 2015, obligated producers and brands must be fully registered with Stiftung EAR. These are the first changes in a move to an ‘open scope’ which will include all EEE (unless explicitly excluded) and reduce the current ten product categories to only six by 18 August 2018.

 

In addition to these changes, new take-back requirements will come into effect for retailers and distributors and the current regulations for insolvency guarantees and administrative fees will be amended.

If you think these changes could impact your business, please contact our team for more information by calling 0845 094 2228.


Fran Witthuhn

International compliance product manager

Fran works within the compliance team as our international compliance product manager, joining us in the spring of 2015. She brings a wealth of experience to the role having previously work for Apple in Ireland for six years, looking after the company’s WEEE, battery and packaging submissions across Europe. Needless to say she has gained extensive knowledge of European legislation!


Written by Fran Witthuhn Published 30/07/2015 Topics Compliance

Useful links


New research highlights UK produces 1.45 million tonnes of WEEE per year

Material Focus has released new research providing a complete and in-depth overview of electrical waste generated in the UK

Read More >>

Government calls for evidence on energy-related products

Call for evidence explores how effective policies can support the UK’s transition to net zero by 2050

Read More >>

Material Focus allocates £2.5m in grants and interest free loans to support WEEE sector

The ‘Support grants and loan package’ is helping the electrical waste recycling and reuse sector hit by the COVID-19 crisis.

Read More >>

Get in touch