The aim of the law and the ordinance is to expand the network of return points in order to increase the collection rate of waste electrical and electronic equipment and to improve the quality of waste treatment.
The current collection rate for WEEE is about 44% of the annual quantity put on the market; the WEEE Directive 2012/19/EU requires a rate of 65% since 2019.
The collection rate for PV modules is < 5 % despite an increasing trend. Due to their longevity, PV modules therefore do not fit the regulatory mechanism of the WEEE Directive and the German ElektroG.
PV modules remain dual-use equipment under the new ElektroG, i.e. they are used both in private households (15%) and commercially on a large scale (85%).
- Despite the high commercial use of PV modules (B2B), the known marketing and take-back rules for predominantly privately used equipment (B2C) also remain in place for PV modules:
- – At the beginning of each year, every producer / distributor must register himself and his equipment as well as the expected sales volume with the Stiftung (Foundation) for Waste Electrical Equipment (EAR) and thus automatically fulfill the following obligations:
- – Annual registration application with the required documents and information.
- – Annual deposit of the insolvency-proof financial guarantee to secure the disposal at the municipal collection points in case of default of the collective industrial disposal obligation.
- – Reporting of monthly sales volumes to the Stiftung EAR.
– Container placement, collection and disposal obligations at the municipal collection points by order of the EAR.
- Overall, B2B and B2C take-back obligations for manufacturers and distributors will be expanded, but additional return options for end-users of equipment will also be created:
- – The labeling with the crossed-out wheelbin, which previously only applied to B2C devices, will be extended to B2B devices; this labeling obligation will apply from January 1, 2022 for professional electrical/electronic devices that are newly produced and placed on the market for the first time. An exception exists for goods already produced/stocked that are placed on the market before Dec. 31, 2022.
- – In the case of B2B registrations, a take-back concept must also be submitted with regard to the subsequent recycling of old equipment. Manufacturers of B2B equipment registered before 1.1.2022 do not have to submit such a take-back concept to the Stiftung EAR until 30.6.2022. In addition, they are obliged to provide reasonable and free-of-charge return options.
- – For retailers, the take-back obligations for WEEE are extended to “distributors of foodstuffs with a total sales area of at least 800 m², provided they offer electrical and electronic equipment several times a calendar year or on a regular basis”.
- – When delivering new equipment to private households free of charge, dealers must inform the end user when concluding the purchase contract that they can return their old equipment free of charge and that the collection of the equipment will also be free of charge.
- – Online retailers from third countries are obliged to use authorized representatives in Germany. The authorization must be valid for at least three months and include a guarantee for the fulfillment of the obligation from 20 registrations per authorized representative.
– The definitions of “operator of an electronic marketplace” and “fulfillment service provider” are also new, and at the same time new requirements apply to both players: These may now only offer and provide their services to manufacturers correctly registered in accordance with ElektroG.
– Initial treatment facilities are allowed to act as collection points from 01.01.2022: A significant change for the disposal industry is the new version of § 12 of the ElektroG3. This now stipulates that operators of certified primary treatment facilities may also collect and accept old appliances from private households. The previously required commissioning by third parties (public waste management authorities, distributors or manufacturers) will no longer be necessary from 01.01.2022 onwards. All collection points are to be identified by a uniform collection point logo.
- Technical information requirements for manufacturers and distributors of battery-powered devices will also be expanded:
- – Since spring 2021, battery-operated electrical appliances have been subject to new obligations to provide information about the batteries or rechargeable batteries they contain. The devices must now be accompanied by information on their type and chemical system as well as on the safe removal of the batteries. Here, too, a notice on a website is not sufficient.
- – Removability of batteries: ElektroG3 further tightens the requirements for the removability of old batteries or rechargeable batteries from old electrical equipment: Under ElektroG3, the problem-free and non-destructive removal of old batteries should also be possible “if possible” by end users through an appropriate product design. Only if this is not feasible must it at least be possible to remove them by qualified personnel independent of the manufacturer using commercially available tools. Removability applies to all electrical equipment placed on the market in Germany for the first time after January 1, 2022.
– In addition, distributors must inform end users that they are required to remove batteries and non-destructively removable lamps that are not enclosed in the device.
- Extended requirements for waste treatment
– Treatment Ordinance (BehandlungsVO): In order to improve the removal of pollutants and recycling, the Treatment Ordinance will in future prescribe more clearly than before to waste management companies which components containing pollutants must be removed at which point in the treatment process. Elements such as batteries, toner cartridges, certain panes of flat screens and refrigerants must now be removed before mechanical shredding. At the latest after mechanical shredding, capacitors containing harmful substances, plastics with brominated flame retardants, electrical cables or liquid crystal displays must be sorted out. The aim of these regulations is to prevent the pollutants from being carried over and affecting the further recycling process. In addition, the regulation for the first time sets out specifications for the treatment of end-of-life photovoltaic modules.
PV CYCLE will make a constructive contribution to meeting the new legal requirements with its well-known collection point concept, professional disposal logistics and its selected recyclers, who are also internally certified to the latest European standards.