Germany Closed Mouth on RoHS, Open Book on WEEE
By John F. Mason -- EDN, May 25, 2006
Germany, one of the founding members of the European Community, which was established in 1952, transposed both WEEE and RoHS into law on March 16, 2005. And with German precision, the laws went into effect a week later on March 24, 2005 with stiff penalties awaiting infractions.
The authority of implementation has created elaborate rules for various kinds of WEEE—electronic and electronic waste products—which companies, producers, and the authority in charge are willing to describe at length.
As for RoHS, however, a spokesman for the Electronic Components and Systems Division of the German Electrical and Electronic Manufacturers’ Association (ZVEI) says that they don’t have any information to give out.
“If companies have difficulties becoming RoHS-compliant, they won’t talk about it, not even to us,” the spokesman said. “We carried out a survey at the end of 2005 and didn’t receive any qualified or detailed answers. Most companies’ component manufacturers stated simply that they were RoHS-compliant in early 2006, but declined to elaborate.”
Germany has divided WEEE into two categories -- waste from private households and waste from other than private households -- even though the products are the same. There is also a further distinction: historical waste from private households (equipment put on the market before Nov. 24, 2005) and new waste, marketed after that date.
The producers’ responsibility is to take back equipment they can prove they produced, or if that’s not possible, an approximate amount of what they produced. For new waste (produced after Nov. 24, 2005) the producer must provide the appropriate authority with some kind of guarantee -- a trust or frozen bank account -- so that in the event of the company’s becoming insolvent, there will be money to pay for the take-back.
Distributors may voluntarily take back products they may not have actually produced, though they have no legal obligation to do so. Transport in such cases is not covered.
WEEE from private households can be returned, free of charge, to collection points the authorities have set up in most districts. Some collection systems will pick up WEEE directly from private households.
The number of collection points, or their combination with an established collection system, is based on population density, local conditions and the waste management objectives. Public waste management authorities may refuse to accept WEEE if it is contaminated and poses a safety risk or a hazard to human health. Collection points and times for delivery of more than 20 pieces of equipment must be coordinated with public waste management authorities who are required to hold the waste equipment ready for collection by producers at no charge in groups of separate containers for: 1. large household appliances and automatic dispensers; 2. refrigerators and freezers; 3. IT, telecommunications equipment and consumer equipment; 4. gas discharge lamps; and 5. small household appliances, lighting equipment, electric and electronic tools, toys, sports and leisure equipment, medical products, monitoring and control instruments.
When a collection volume of at least 30 m³ has been reached for groups 1, 2, 3 and 5 as numbered above and at least 3 m³ for group 4, public waste management authorities must report to the Clearing House that containers are full and ready for collection.
As for historical waste (placed on the market before March 24) from users other than private households, the holders are responsible for disposal. How new waste from these same users is handled depends on each producer and what he and his users agree on.
Whoever the burden of disposal falls on is also responsible to either reuse WEEE or its components or treat, and dispose of, it, and bear the costs of disposal.
As of March 24, all products must bear a symbol that tells their status—that it is RoHS compliant, historical or new, and must bear the name of the producer.
Any distributor who knowingly sells new electrical and electronic equipment from a non-registered producer is deemed the producer himself. Foreign companies are allowed to register in place of the retailers, and should, it is strongly suggested, nominate a national representative (a lawyer or financial auditor) and to contract a reliable recycler.
Producers are strictly controlled. Each must report to the Clearing House on a monthly basis: 1. the types and quantities of electrical and electronic equipment the producer places on the market (and on an annual basis, report on the quantity and kinds of WEEE products collected during that calendar year); 2. the quantities per group of WEEE the producer collects from public waste management authorities; 3. the types and quantities from the producer; 4. the quantities per category of WEEE the producer reuses; 5. the quantities per category of WEEE the producer recycles that year; 6. the quantities per category of WEEE the producer recovers; and 7. the quantities per category of WEEE the producer exports.
As for dealing with the expenses entailed, they can be “pay-as-you-go” or “pay-as-you-scrap.” For equipment placed on the market after Nov. 24, 2005, producers may opt for their obligation to be based on either their verified share of clearly identifiable WEEE, arrived at through sorting or application of scientifically recognized statistical methods, in the total quantity of WEEE according to equipment type; or their share of the total quantity of electrical and electronic equipment per type of equipment placed on the market in the previous calendar year. This second choice is appropriate for non-sortable or non-identifiable WEEE.
Prices are set by individual contractual agreements between manufacturer and recycler or recycler-systems. The prices are set by the participants in a contractual agreement.
Setting up a new, individual system for waste management is easy. The producer simply has to follow instructions provided in Web site.
There are no legal requirements for the waste management system. It is up to the decision of the manufacturer/importer. There are now more than 10 different systems operating in Germany at the same time.
Germany is strict on penalties for violations of the national transposition law or other national laws pertaining to this subject. Regulatory offences are subject to fines of up to EUR 50,000, and in all other cases fines of up to EUR 10,000.
