On 15th August 2018, the EU WEEE scope changes from 10 categories to 6. This blog updates you on the changes to German WEEE legislation and what you need to do to remain compliant with the law, including new scope and registration details.

In 2012, the EU WEEE Directive was recast. The new Directiveaims to harmonise national registration and reporting, along with the formatfor the supply of information, and intends to fight illegal export of wastemore effectively. The new WEEE Directive entered into force in August 2012 andbecame effective February 14th, 2014. The Directive also set about changes to scope and collection targets,with a transitional period. The minimum collection rate to be achieved annuallyfrom 2019 will be 65% of the average weight of EEE placed on the market. Thesechanges will be introduced from 15th August this year, ending the transitionalperiod. As this date approaches, producers will need to be aware of how thechanges affect them and which of their products will be obligated.

As with other EU countries, on 15th August 2018 numerouslegislative changes to the German WEEE Act ElektroG will come into force. Thisblog aims to inform you of the changes and if you need to act. From 15th August2018, Open Scope will be applicable in Germany under ElektroG, from this timeall electrical and electronic equipment will fall into scope of the WEEElegislation unless they are specifically excluded by way of one of theexemptions. It is important that you confirm if any electrical equipment shouldbe registered or not under the new scope as it is a legal requirement toregister with Stiftung EAR before placing any EEE onto the market in Germany.

Registration

Under the EU WEEE Directive comes changes to the types ofcategories equipment is to be reported into. 10 previous WEEE categories become6, with countries being able to implement their own sub-categories. Theconsequence in Germany is that new applications for registration will need tobe made for the new equipment categories. If you bring products onto the Germanmarket for the first time from August 2018 then you can apply for theregistration under the new scope from 1 May 2018. Existing registrations willbe transferred to the new category from 26th October 2018 but you areresponsible for checking the registration is correct and informing Stiftung EARif it needs to be changed; EAR will change the equipment type accordingly afterconsultation with the producer. Producers have until 31st December 2018 toensure that their products are registered in the correct categories.Registration of EEE in Germany can be a lengthy process, so ensure you areregistered in the correct category within plenty of time. By 31st December 2018you must have the correct registration, therefore any work will need to be donein advance of this date to ensure that the registration is completed in time.From this time, it is no longer mandatory to attach an equipment image anddescription; this is now optional, unless you cannot clearly determine thedevice type.

New categories

In Germany, the 6 new categories have been introduced with17 sub-categories.

Category 1: Temperature exchange equipment

Category 2: _Screens, monitors and equipment containingscreens having a surface greater than 100cm2

Category 3: Lamps

Category 4: Large equipment (any external dimension morethan 50cm)

Category 5: Small equipment (no external dimension more than50cm)

Category 6: Small IT and telecommunication equipment (no external dimension more than 50cm)

The six new categories are effective from 15th August 2018,but the introduction of new collection groups only applies from 1st December2018. Therefore, the monthly report for new types of equipment is effectivefrom September.

Registration transfer

A table of examples can be found below whereby the currentdevice types will clearly be transferred to the new device types on 26thOctober 2018.

For the full list of registration transfers please see here. _

Be prepared

Scoping changes will affect all WEEE submissionsthroughout the EU over the next year. Some countries such as Finland havealready implemented their scope changes, others are expected on the deadline of15th August 2018 and others delayed until January 2019. This means that it isnot possible to prepare for all country submissions currently as details havenot been released on the scoping changes by all EU member states.

Please note: the views expressed in this blog are those of the individual contributing member, and are not necessarily representative of the views of IEMA or any professional institutions with which IEMA is associated.

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Emma Mundy

Environmental compliance manager at Lorax Compliance Ltd. Emma has worked in producer responsibility and EU policy for the last seven years and heads up the research and consulting team at Lorax Compliance, where they specialise in software for extended producer responsibility reporting. Emma is a Practitioner Member of IEMA, having gained her qualification in December 2016.