In 2012, the EU WEEE Directive was recast. The new Directive aims to harmonise national registration and reporting, along with the format for the supply of information, and intends to fight illegal export of waste more effectively. The new WEEE Directive entered into force in August 2012 and became 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 annually from 2019 will be 65% of the average weight of EEE placed on the market. These changes will be introduced from 15th August this year, ending the transitional period. As this date approaches, producers will need to be aware of how the changes affect them and which of their products will be obligated.
As with other EU countries, on 15th August 2018 numerous legislative changes to the German WEEE Act ElektroG will come into force. This blog aims to inform you of the changes and if you need to act. From 15th August 2018, Open Scope will be applicable in Germany under ElektroG, from this time all electrical and electronic equipment will fall into scope of the WEEE legislation unless they are specifically excluded by way of one of the exemptions. It is important that you confirm if any electrical equipment should be registered or not under the new scope as it is a legal requirement to register with Stiftung EAR before placing any EEE onto the market in Germany.
Under the EU WEEE Directive comes changes to the types of categories equipment is to be reported into. 10 previous WEEE categories become 6, with countries being able to implement their own sub-categories. The consequence in Germany is that new applications for registration will need to be made for the new equipment categories. If you bring products onto the German market for the first time from August 2018 then you can apply for the registration under the new scope from 1 May 2018. Existing registrations will be transferred to the new category from 26th October 2018 but you are responsible for checking the registration is correct and informing Stiftung EAR if it needs to be changed; EAR will change the equipment type accordingly after consultation with the producer. Producers have until 31st December 2018 to ensure that their products are registered in the correct categories. Registration of EEE in Germany can be a lengthy process, so ensure you are registered in the correct category within plenty of time. By 31st December 2018 you must have the correct registration, therefore any work will need to be done in 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 and description; this is now optional, unless you cannot clearly determine the device type.
In Germany, the 6 new categories have been introduced with 17 sub-categories.
Category 1: Temperature exchange equipment
Category 2: Screens, monitors and equipment containing screens having a surface greater than 100cm2
Category 3: Lamps
Category 4: Large equipment (any external dimension more than 50cm)
Category 5: Small equipment (no external dimension more than 50cm)
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 December 2018. Therefore, the monthly report for new types of equipment is effective from September.
A table of examples can be found below whereby the current
device types will clearly be transferred to the new device types on 26th
For the full list of registration transfers please see here.
Scoping changes will affect all WEEE submissions throughout the EU over the next year. Some countries such as Finland have already implemented their scope changes, others are expected on the deadline of 15th August 2018 and others delayed until January 2019. This means that it is not possible to prepare for all country submissions currently as details have not 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.
About the Author
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.