Law on the placing on the market, the withdrawal and the environmentally sound disposal of electrical and electronic equipment

Original Language Title: Gesetz über das Inverkehrbringen, die Rücknahme und die umweltverträgliche Entsorgung von Elektro- und Elektronikgeräten

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Law on the placing on the market, the withdrawal and the environmentally sound disposal of electrical and electronic equipment (Electrical and Electronic Equipment Act-ElektroG)

Unofficial table of contents

ElectroG

Date of completion: 16.03.2005

Full quote:

" Electrical and Electronic Equipment Act of 16 March 2005 (BGBl. 762), as last amended by Article 14 of the Law of 20 September 2013 (BGBl). 3642).

Status:

Last amended by Art. 14 G v. 20.9.2013 I 3642

For more details, please refer to the menu under Notes
This law lays down the provisions of Directive 2002/96/EC of the European Parliament and of the Council of 27 January 2003 on waste electrical and electronic equipment (WEEE) (OJ L 327, 22.01.2003, p. EU No 24), as last amended by Directive 2003 /108/EC of the European Parliament and of the Council of 8 December 2003 amending Directive 2002/96/EC on waste electrical and electronic equipment (WEEE) (OJ L 37, 13.2.2003, p. EU No 106), and Directive 2002/95/EC of the European Parliament and of the Council of 27 January 2003 on the restriction of the use of certain hazardous substances in electrical and electronic equipment (OJ L 345, 31.12.2003, p. EU No L 37 p. 19).

The obligations laid down in Directive 98 /34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and the provisions relating to the services of The Information Society (OJ C EC No 37), as amended by Directive 98 /48/EC of the European Parliament and of the Council of 20 July 1998 (OJ L 136, 31.5.1998, p. EC No 18), have been observed.

Footnote

(+ + + Text evidence from: 13.8.2005 + + +) 
(+ + + Official note from the norm-provider on EC law: 
 Implementation of the 
 ERL 96/2002 (CELEX Nr: 302L0096) 
 ERL 95/2002 (CELEX Nr: 302L0095) 
 Consideration of 
 ERL 34/98 (CELEX Nr: 398L0034) + + +)

§ 6 para. 1 sentence 1, § 14 para. 1, § § 15 and 16 para. 1, § § 17 to 22 occur according to § § § § § 15 and 16 (1) Section 25 (1) of this V on 24.3.2005, § 5 on 1.7.2006 gem. Section 25 (2) of this V and § 12 on 31.12.2006 in accordance with Section 25 (3) of this V in force. Unofficial table of contents

Input formula

With the approval of the Federal Council, the Bundestag has adopted the following law:

Section 1
General provisions

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§ 1 Waste Management Objectives

(1) This Act lays down requirements for product responsibility in accordance with Section 23 of the Circular Economic Law for electrical and electronic equipment. As a matter of priority, the prevention of waste from electrical and electronic equipment and, in addition, the reuse, recycling and other forms of recovery of such waste in order to reduce the amount of waste to be removed as well as the entry of pollutants from electrical and electronic equipment in waste. By 31 December 2006, an average of at least four kilograms of old appliances from private households per inhabitantsare to be collected separately per year. (2) The Federal Government is examining the economic downturn of the regulations of § § 9 bis 13 no later than five years after the entry into force of this Act The Federal Government reports on the outcome of its audit to the German Bundestag and the Bundesrat. Unofficial table of contents

§ 2 Scope

(1) This Act shall apply to electrical and electronic equipment falling under the following categories, provided that they are not part of another device which does not fall within the scope of this Act:

1.: Large-scale household appliances
2.: Small household appliances
3.: Equipment of information and telecommunications technology
4.: Consumer electronics equipment
5.: Lighting
6.: Electrical and electronic tools with the exception of large-scale industrial tools
7.: Toys, sports and leisure equipment
8.: Medical products with the exception of implanted and infectious products
9.: Monitoring and control instruments
10.: Automatic output devices.

Electrical and electronic equipment within the meaning of the first sentence shall be in particular the equipment listed in Annex I. (2) This Act shall not apply to electrical and electronic equipment intended to safeguard the essential security interests of the Federal Republic of Germany (3) In so far as this law does not contain any deviating provisions, the Circular Economy Act, with the exception of § 17 (4) and § 54, and the Law on Circular Economy Law, shall be used. or the closed-loop and closed-loop economy until 1 June 2012; and Waste legislation to be applied in accordance with the applicable version. § § 27, 47, 50 (3), § 59 (1) sentence 1, § § 62 and 66 of the Circular Economic Law shall apply accordingly. Where there are special requirements for the withdrawal, re-use or disposal of electrical and electronic equipment pursuant to other legislation or the technical rules on hazardous substances adopted in accordance with the Regulation on the protection of dangerous substances, WEEE or the use of certain substances in electrical and electronic equipment shall remain unaffected by this legislation. Pursuant to § 50 (1) of the Circular Economic Law, the obligation to provide evidence of proof of compliance does not apply to the transfer of old equipment to facilities for the collection and initial treatment of old equipment. Unofficial table of contents

§ 3 Definitions

(1) Electrical and electronic equipment within the meaning of this Act shall be

1.: devices which require electric currents or electromagnetic fields for their proper operation,
2.: Equipment for the production, transmission and measurement of such currents and fields,

which are designed for operation with alternating voltage of not more than 1 000 volts or DC voltage not exceeding 1 500 volts. (2) Device type within the meaning of the law refers to equipment within a category that is related to the nature of its use or to its use (3) Altgeräte within the meaning of this Act are electrical and electronic equipment which are waste within the meaning of Section 3 (1), first sentence, of the Circular Economic Act, including all components, sub-assemblies and Consumables which are part of the date of the entry of the waste property (4) Private households within the meaning of this Act are private households within the meaning of the Circular Economic Law as well as other sources of origin of WEEE, in so far as the nature and quantity of the waste equipment arising there (5) Prevention within the meaning of this Act includes measures to reduce the quantity and harmlessness of waste equipment, its materials and substances. (6) Re-use within the meaning of this Act shall include measures in respect of which the waste equipment or whose components are used for the same purpose for which they were manufactured or placed on the market. (7) Recycling within the meaning of this Act shall comprise the procedures referred to in Annex 2 to the Circular Economic Law. (8) Submission of material within the meaning of this Act, the reprocessing of waste materials in a production process is for the original purpose or for other purposes, but excluding energy recovery. (9) Disposal in the sense of this Law includes the provisions of Annex 1 of the Circular Economic Law (10) Treatment within the meaning of this Act are activities carried out after the handing over of the waste equipment to a plant for the defraation of pollutants, for dismantling, for shredding, for recovery or for the preparation of disposal. (11) Manufacturers within the meaning of this Act are any person who is independent of the selling method, including the means of distance communication within the meaning of § 312c (1) 2 of the Civil Code of commercial

1.: manufactures electrical and electronic equipment under its brand name and places it on the market for the first time within the scope of this law,
2.: Equipment of other suppliers under its brand name is resold within the scope of this Act, where the reseller is not to be regarded as a manufacturer, provided that the brand name of the manufacturer appears on the device as specified in point 1, or
3.: For the first time, it introduces and places electrical or electronic equipment in the scope of this Act or exports it to another Member State of the European Union, where it is directly available to a user.

(12) Drivers within the meaning of this Act are anyone who offers new electrical and electronic equipment commercially available to the user. The distributor shall be deemed to be a producer within the meaning of this Act, insofar as he or she intentionally or negligently offers new electrical and electronic equipment for sale or not, or does not offer, duly registered manufacturers. Sentence 1 and paragraph 11 shall remain unaffected. (13) For the purposes of this Act,

1.

dangerous substances such substances which meet the criteria for one of the following substances in Annex I to Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and Mixtures, amending and repealing Directives 67 /548/EEC and 1999 /45/EC and amending Regulation (EC) No 1907/2006 (OJ L 327, 30.12.2006, p. 1) to comply with the risk categories or categories as set out in Article 1 (1) of the European Parliament and of the Council of 31 December

a): Hazard classes 2.1 to 2.4, 2.6 and 2.7, 2.8 types A and B, 2.9, 2.10, 2.12, 2.13 categories 1 and 2, 2.14 categories 1 and 2, 2.15 types A to F,
b): Hazard classes 3.1 to 3.6, 3.7 with the exception of effects on or over lactation, 3.8 with the exception of narcotic effects, 3.9 and 3.10,
c): Hazard class 4.1,
d): hazard class 5.1;

2.

dangerous mixtures such mixtures containing one or more of the properties referred to in Article 3a (1) of the Chemicals Act.

(14) The placing on the market within the meaning of this Act is the charge to third parties for payment or free of charge with the aim of distribution, consumption or use. (15) For the purposes of this Act, this shall be based on the conclusion of a sales contract directed presentation or making public access to electrical and electronic equipment; this also includes the invitation to submit an offer.

Section 2
Obligations concerning the placing on the market of electrical and electronic equipment

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§ 4 Product concept

Electrical and electronic equipment shall be designed in such a way as to ensure that disassembly and recovery, in particular the re-use and recycling of waste equipment, its components and materials, are taken into account and facilitated. Electrical and electronic equipment, which can be operated fully or in part with batteries or accumulators, shall be designed in such a way as to ensure that the batteries and accumulators are free to be removed. Manufacturers shall not prevent re-use by specific design features or manufacturing processes, unless the design features are required by law or the advantages of such special design features. Design features or manufacturing processes predominate, for example, with regard to health protection, environmental protection or safety regulations. Sentence 2 and Article 13 (7) shall not apply to electrical and electronic equipment in which, for reasons of safety, performance, medical reasons or for reasons of completeness of data, an uninterrupted electricity supply is required and a Permanent connection between the device and the battery or the accumulator is required. Unofficial table of contents

§ 5 (omitted)

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§ 6 Setting up the Joint Body, Registration, Financing Guarantee

(1) Manufacturers shall establish a Joint Body (§ 14) within three months of the entry into force of this Act. If the Joint Body is not set up or if the Joint Body does not fulfil its tasks pursuant to Section 14 (3), 5 Sentence 1 or 6 Sentences 1 and 3, each manufacturer shall be obliged to charge the public waste disposal authorities with the costs for to reimburse the collection, sorting and disposal of its waste equipment. The authority responsible under national law shall determine the costs by means of an administrative act. (2) Each manufacturer shall be obliged to register with the competent authority (§ 16) in accordance with the rates 2 and 3 before he/she is responsible for electrical or electronic equipment. Placing electronic equipment on the market. The registration application must contain the trade mark, the company, the place of establishment or the registered office, the address and the name of the person entitled to represent the representative. The registration application shall be accompanied by a guarantee referred to in the first sentence of paragraph 3 or a credibility liability in accordance with the second sentence of paragraph 3. Each manufacturer must have the registration number in the written business. Manufacturers who have not registered or whose registration has been revoked may not place electrical and electronic equipment on the market. Distributors shall not be allowed to sell electrical and electronic equipment whose producers have not registered or have not registered in accordance with the first sentence of the first subparagraph. (3) Each manufacturer shall be obliged to submit to the competent authority a year. insolvency-proof guarantee for the financing of the withdrawal and disposal of its electrical and electronic equipment, which can be placed on the market after 13 August 2005 and which can be used in private households. This does not apply to electrical and electronic equipment, for which the manufacturer makes it credible that they are used exclusively in other households than private households or that such equipment is not usually used in private households. The guarantee can, for example, be in the form of insurance, a blocked bank account or a participation of the manufacturer in appropriate systems for the financing of the disposal of waste equipment, such as a system based on the calculation in accordance with § 14 para. (4) For waste equipment from private households in category 1, the costs of disposing of waste from private households of all other categories until 13 February 2011 may be charged until 13 February 2011. Equipment placed on the market before 13 August 2005 for the sale of new products shall be expelled from the buyer. No costs may be shown which exceed the actual costs incurred. An expulsion of the costs of the disposal of electrical and electronic equipment placed on the market after 13 August 2005 is not permitted. Unofficial table of contents

§ 7 Labelling

Electrical and electronic equipment for the first time being placed on the market in a Member State of the European Union after 13 August 2005 shall be permanently marked in such a way that the manufacturer is clearly identified and identified The device may have been placed on the market for the first time after that date. They shall also be marked with the symbol referred to in Annex II, provided that a guarantee is required in accordance with Section 6 (3). If, in exceptional cases, it is necessary due to the size or function of the product, the symbol shall be printed on the packaging, the instructions for use, or the warranty for the electrical or electronic equipment. Unofficial table of contents

§ 8 Distribution with the help of remote communication technology

The requirements of § 6 (2), (3) and (4) as well as § § 7 and 13 (1) No. 1 and (3) sentence 1 to 5 apply also to manufacturers who use distance communication technology directly to users in private households in to another Member State of the European Union.

Section 3
Collection, withdrawal, treatment and payment obligations

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§ 9 Separate collection

(1) Owners of WEEE have to supply these to a collection separate from the unsorted municipal waste. (2) The legal persons who are obliged to dispose of waste according to national law (public-legal disposal providers) inform the private Households on the obligation referred to in paragraph 1. They also inform private households about

1.: the possibilities available in their territory for the return or collection of old equipment,
2.: their contribution to re-use, recycling and other forms of recovery of waste equipment,
3.: the potential impact on the environment and human health of the hazardous substances contained in the electrical and electronic equipment,
4.: the meaning of the symbol referred to in Annex II.

(3) In the context of their obligations under Section 20 of the Circular Economic Law, the public waste disposal providers shall set up collection points at which waste equipment from private households of their territory is supplied by end users and distributors. (Bringsystem). The public service providers may limit the acceptance at individual collection points to specific groups of used equipment in accordance with paragraph 4 if, for reasons of space, this is taken into account in individual cases, taking into account the other value-added collection. , and the collection of all WEEE groups as referred to in paragraph 4 in the waste disposal area of the public-service waste disposal carrier. No charge may be charged on delivery. The public service providers can also pick up WEEE from the private households (Holsystem). The number of collection points or the combination of wood systems shall be determined taking into account the density of the population, the other local conditions and the economic downturn in accordance with § 1. The public service providers may refuse the acceptance of waste equipment which, due to contamination, poses a risk to the health and safety of people. In the case of deliveries of more than 20 units of Groups 1 to 3 of paragraph 4, the place of delivery and the date of delivery shall be in line with the public-law disposal carrier. The obligations of private households in accordance with § 17 (1) sentence 1 of the Circular Economic Law and the disposal obligations of the public-law disposal providers for waste from private households pursuant to § 20 (1) to (3) of the German Federal Law for the Protection of Public Disposal Circulatory economic law shall remain unaffected by sentences 6 and 7. (4) The public waste disposal providers shall provide the waste equipment to be collected by the manufacturers in the following groups in containers free of charge:

1.: Large household appliances, automatic output devices
2.: Refrigerators
3.: Information and telecommunications equipment, consumer electronics equipment
4.: Gas discharge lamps
5.: Small household appliances, lighting fixtures, electrical and electronic tools, toys, sports and leisure equipment, medical devices, monitoring and control instruments.

The public service providers shall report to the Joint Body (§ 14) the containers available for collection, if groups 1, 2, 3 and 5 have a collection quantity of at least 30 cubic metres per group and in Group 4 a collection of containers. (5) The containers referred to in paragraph 4 shall be made available free of charge by the producers. They must be covered and, with the exception of the containers of Group 4, suitable for use by conventional pick-up vehicles. The containers for Group 3 must ensure that display devices can be captured separately and in a breakaway way. The competent authority shall, on the basis of the calculations of the Joint Body which it has examined in accordance with Article 14 (6), sentence 4, take the necessary arrangements in individual cases in order to ensure that the public authorities responsible for the disposal of the public waste disposal services are required quantity of containers is available. For this purpose, the public service providers of the Joint Body show all the collection points provided for in their area. (6) A public-law disposal institution can supply the entire waste equipment of a group according to paragraph 4 for each of the waste disposal sites. shall take at least one year from the provision for collection if it indicates this to the Joint Body three months earlier. He/she has to reuse these old devices or their components or to treat them in accordance with § 11 and to dispose of them according to § 12. § 13 para. 1 no. 3 to 7, para. 3 sentence 6 and § 13 para. 4 apply accordingly. (7) The distributors can voluntarily take back old equipment. Paragraphs 2 and 3, sentence 3 shall apply accordingly. If the distributors do not hand back used equipment or their components to the manufacturers or to the public service providers, they must reuse the waste equipment or treat them in accordance with § 11, and in accordance with § 12. Dispose of. The provisions of Section 13 (1) (3) to (7), (3) sentence 6 and Article 13 (4) shall apply mutas to these old devices. For the activities referred to in the third sentence, the distributor may not require a remuneration from private households. (8) Manufacturers can voluntarily provide individual or collective take-back systems for the free return of WEEE from private households. , provided that they are in accordance with the objectives of § 1. You have to reuse the old devices or their components or to treat them in accordance with § 11 and to dispose of them according to § 12. (9) The collection according to paragraph 1 is to be carried out exclusively by public-law disposal providers, distributors and manufacturers and shall be carried out in such a way as not to hinder subsequent re-use, disassembly and recovery, in particular material recovery. § 20 shall apply accordingly. Unofficial table of contents

Section 10 Readmission requirements of the manufacturers

(1) Each manufacturer shall be obliged to collect the containers provided in accordance with Section 9 (4) without delay in accordance with the assignment of the competent authority pursuant to § 16 (5). § 9 (8) shall apply accordingly for the collection. It has to reuse the old equipment or its components or to treat it in accordance with § 11 and to dispose of it in accordance with § 12 as well as the costs of collection and disposal. (2) Each manufacturer is obliged to use for old devices of other users as private Households which are placed on the market as new equipment after 13 August 2005 shall, from that date, create a reasonable possibility of return and dispose of the waste equipment. The owner is obliged to dispose of old equipment, which did not come from private households and which was placed on the market as new equipment before 13 August 2005. Manufacturers and users may conclude agreements differing from sentences 1 and 2. The person liable to dispose of the waste has to reuse the old equipment or its components or to treat it in accordance with § 11 and to dispose of the costs of disposal in accordance with § 12. (3) § 9 para. 2 shall apply to the manufacturer accordingly. Unofficial table of contents

§ 11 Treatment

(1) Before the treatment, it is necessary to check whether the old device or individual components can be used for reuse, if the test is technically possible and economically reasonable. (2) The treatment has according to the state of the art in the sense § 3 (28) of the German Circular Economy Act. At least all liquids must be removed and the requirements for selective treatment as set out in Annex III must be met. Other treatment techniques which ensure at least the same level of protection for human health and the environment may, after being included in Annex II to Directive 2002/96/EC of the European Parliament and of the Council of 27 January 2003 on waste electrical and electronic equipment (OJ L 327, 30.4.2004, EU No 24) shall be applied in accordance with the procedure laid down in Article 14 (2) of this Directive. At least the technical requirements set out in Annex IV must be met during the treatment. (3) The operator of an installation in which the initial treatment is carried out shall have the plant certified annually by an expert. A certificate may only be issued if the installation is technically suitable and documents all the primary data at the plant up to the point of interest required for the calculation and verification of the recovery rates in a comprehensible manner. . The certificate shall be valid for a maximum period of 18 months. The operator shall be subject to a period not exceeding three months in order to satisfy the requirements for the issue of the certificate. In the review of the requirements, the results of tests shall be taken into account:

1.: by an independent environmental verifier or an environmental verifier organisation in accordance with Article 4 (3) of Council Regulation (EEC) No 1836/93 of 29 June 1993 on the voluntary participation of industrial undertakings in a Community scheme for environmental management and audit (OJ C 327, 22.4.2004, p. EC No 1), or in accordance with Article 3 (2) (d) and (3) (a) of Regulation (EC) No 761/2001 of the European Parliament and of the Council on the voluntary participation of organisations in a Community scheme for the Environmental management and audit (OJ C 139, 30.4.2004, p. EC No L 114 p. 1),
2.: by a body accredited according to DIN EN 45012 within the framework of the certification of a quality management according to DIN EN ISO 9001 or 9004 or
3.: have been carried out by experts in connection with the inspection of installations within the meaning of Article 62 (1) of the German Water Resources Act (Wasserbudgets Act).

The operator of an installation in which the initial treatment is carried out shall be obliged to inform the manufacturer of the data it collects on the quantity flows which the manufacturers require for the performance of their obligations under Section 13. (4) Treatment plants are deemed to be certified in accordance with this law, if the holding is a waste disposal company and the compliance with the requirements of this law is verified and is shown in the monitoring certificate. (5) A certificate referred to in paragraph 3 may only grant

1.: in accordance with § 36 of the Commercial Code, is publicly appointed,
2.: as environmental verifier or environmental verifier organisation based on an authorisation in accordance with § § 9 and 10 or in accordance with § 18 of the Environmental Law in the version of the notice of 4 September 2002 (BGBl. 3490), as last amended by Article 11 of the Law of 17 March 2008 (BGBl I). 399), as amended, may be used in the field which is defined in more detail by Annex I, Section E, Section 38 of Regulation (EC) No 1893/2006 of the European Parliament and of the Council of 20 June 2006. December 2006 on the establishment of the statistical classification of economic activities NACE Revision 2 and amending Council Regulation (EEC) No 3037/90 as well as certain EC Regulations on certain statistical domains (OJ L 378, 27.12.2006, p. 1), which was last amended by Regulation (EC) No 295/2008 (OJ L 393, 30.12.2008, p. 13) has been amended, as amended, or
3.: is established in another Member State of the European Union or in another State Party to the Agreement on the European Economic Area, intends to carry out its activities on a national basis only temporarily and occasionally, and Professional qualification before the start of the activity in accordance with § § 13a and 13b of the Industrial Code has been checked; procedures according to this number can be handled via a uniform position.

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§ 12 Recovery

(1) Altgeräte shall be treated in such a way that:

1.

for old appliances of categories 1 and 10

a): the proportion of recovery shall be at least 80 per cent of the average weight per unit; and
b): the share of re-use and recycling of components, materials and substances shall be at least 75 per cent of the average weight per appliance,

2.

in the case of old appliances of categories 3 and 4

a): the proportion of recovery shall be at least 75% of the average weight per appliance, and
b): the share of re-use and recycling of components, materials and substances shall be at least 65 per cent of the average weight per appliance,

3.

in the case of old appliances of categories 2, 5, 6, 7 and 9

a): the proportion of recovery shall be at least 70 per cent of the average weight per unit; and
b): the share of re-use and recycling of components, materials and substances shall be at least 50 per cent of the average weight per appliance,

4.

in the case of gas discharge lamps, the proportion of re-use and recycling of components, materials and substances shall be at least 80% of the weight of the lamps.

(2) Altgeräte, which are reused as a whole, shall not be taken into account until 31 December 2008 in the calculation of the targets set out in paragraph 1. (3) In the framework of the certification according to § 11 (3), it is necessary to demonstrate that the First of all, all records relating to the quantity of waste equipment, its components, materials and substances shall be kept if the latter are:

1.: of the treatment plant,
2.: leave the treatment facility,
3.: of the recovery facility.

For this purpose, the operator of the facility where the initial treatment is carried out shall be provided with the relevant data by the other treatment and recycling facilities. (4) Waste equipment exported from the European Union shall be available for this purpose. may be taken into account in the calculation of the shares set out in paragraph 1 only if:

1.

proof that the requirements referred to in paragraph 1 and the requirements laid down in § 11 are complied with, and

2.

the export is properly carried out, in particular in accordance with

a): Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste (OJ L 378, 27.12.2006, p. EU No 1), as amended,
b): Commission Regulation (EC) No 1418/2007 of 29 November 2007 on the export of certain wastes listed in Annex III or IIIA to Regulation (EC) No 1013/2006 of the European Parliament and of the Council, which are intended for recovery , to certain countries for which the OECD Decision on the control of transboundary movements of waste is not applicable (OJ L 196, 27.7.2005, p. 6), as amended by Regulation (EC) No 740/2008 (OJ L 378, 27.12.2008, p. 36), as amended, has been amended in the current version.

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§ 13 Co-participation and information obligations of the manufacturers

(1) Each manufacturer shall be obliged to communicate to the Joint Body (§ 14):

1.: the type and quantity of electrical and electronic equipment placed on the market on a monthly basis; the quantity of equipment placed on the market for which a guarantee in accordance with Article 6 (3) sentence 1 is required shall be disclosed separately;
2.: the quantity of waste collected by him per group in accordance with Article 9 (4) in the calendar year in the case of public service waste disposal providers;
3.: the type of equipment and quantity of the waste equipment collected by it in the calendar year referred to in Article 9 (8);
4.: the quantity of WEEE which it uses in each category in the calendar year;
5.: the quantity of waste used by him per category in the calendar year;
6.: the quantity of waste used by him in each category in the calendar year;
7.: the quantity of waste equipment exported by each category in the calendar year.

(2) In the cases referred to in paragraph 1 (1), different reporting periods may be agreed with the Joint Body. The communication takes place annually until 30 April, provided that a guarantee according to § 6 para. 3 is not required. (3) Admitting is primarily the weight. If the weight is not possible, the number of devices can be reported. If the quantity is not possible, an informed estimate is sufficient. In the cases referred to in paragraph 1 (1) to (3), the Joint Body may also require the number of equipment to be specified. It may require the information referred to in paragraphs 1 and 3 to 6 to be confirmed by an independent expert. The notifications referred to in paragraph 1 (2) to (7) shall be submitted to the Joint Body by 30 April of the following calendar year. (4) Each manufacturer shall, moreover, have the Joint Body, up to 30 April each year, which shall be replaced by the (5) If the Joint Body is not established, the manufacturer shall inform the competent authority of the data referred to in paragraphs 1 and 4. (6) Each manufacturer shall have the following information: the re-use facilities, treatment facilities and equipment Recovery information on re-use and treatment for each type of new electrical and electronic equipment placed on the market within one year of the placing on the market of the equipment in question in the form of manuals or in electronic form. From this information, it is necessary to identify the various components and materials that contain electrical and electronic equipment, and where hazardous substances and mixtures are located in the electrical and electronic equipment. This obligation shall only apply to the extent to which this is necessary for the re-use facilities, treatment facilities and plant for recycling, in order to enable them to comply with the provisions of this Act. (7) Electrical and electronic equipment, which contain a battery or an accumulator, shall be accompanied by data which inform the user of the type and chemical system of the battery or accumulator and the safe removal thereof.

Section 4
Joint Body, Competent Authority

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Section 14 Tasks of the Joint Body

(1) The Joint Body shall assist the competent authority in the preparation of its decisions pursuant to Article 9 (5) sentence 4 and section 16 (2), (3) and (5). It is obliged to provide the competent authority with information on the data reported by the producers in accordance with Article 13 (1) and (4) and the calculation referred to in paragraphs 5 and 6. (2) The Joint Body shall record the reports of the competent authority pursuant to Section 16 (4). It publishes the registered manufacturers as well as their type of equipment and registration number on the Internet. (3) The Joint Body accepts the reports of the public service providers pursuant to § 9 para. 4 sentence 2. (4) The Joint Body Place shall be entitled to determine the allocation of the equipment to the types of equipment. It may provide uniform data formats for the notification referred to in paragraphs 2 and 3 and section 13 (1) and (4). (5) The Joint Body shall calculate the quantity of the producers registered by each registered manufacturer to the public service providers. waste equipment to be picked up and shall be reported to the competent authority. For the electrical and electronic equipment placed on the market before 13 August 2005, the obligation of each manufacturer shall be calculated on the basis of its share of the total quantity of electric and electronic equipment placed on the market in the relevant calendar year. Electronic devices per device type. For the electrical and electronic equipment placed on the market as from 13 August 2005, the obligation shall be calculated on the basis of the manufacturer ' s choice.

1.: the proportion of its clearly identifiable WEEE, by sorting or by scientifically recognised statistical methods, of the total quantity of WEEE per device type; or
2.: its share of the total quantity of electrical and electronic equipment placed on the market in the relevant calendar year per equipment type.

The basis for this is the notifications made by the manufacturers in accordance with § 13 (1) (1) and (3) sentence 1 to 4. If the manufacturer does not have the obligation to notify, the Joint Body may estimate the quantity of electrical and electronic equipment placed on the market. The quantity of WEEE collected by a manufacturer of the types of equipment for which a guarantee in accordance with Article 6 (3) is to be proved shall be credited to his or her share in accordance with the second or third sentence. In the case of old equipment which cannot be sorted or identifiable, the second sentence shall apply. (6) The Joint Body shall calculate the uniform distribution of the collection obligation in time and place on all registered manufacturers on the basis of a scientific basis. the recognised method of calculation, which has been confirmed by an expert opinion. The calculation method is to be published on the Internet. The Joint Body shall report the determined collection obligation of the competent authority. Sentences 1 and 2 shall also apply to the calculation of the obligation to provide containers according to § 9 (5) sentence 1. Sentence 3 shall apply. (7) The Joint Body shall draw up a list of all registered manufacturers every year and shall forward it to the Federal Environment Agency. In addition, it reports annually to the Federal Environment Agency up to 1 July each year in relation to the previous calendar year.

1.: the quantity of electrical and electronic equipment placed on the market by all manufacturers,
2.: the quantity of WEEE collected by all manufacturers per category for the public service providers and collected in accordance with Article 9 (8),
3.: the quantity of waste reused by all producers per category;
4.: the quantity of waste used by all producers in each category;
5.: the quantity of waste equipment revalued by all manufacturers in each category in accordance with section 3 (7);
6.: the quantity of WEEE collected and collected by all the producers which have been exported.

The priority shall be given to the weight. If it is not possible to indicate the weight, the number of waste items can be reported. If the quantity is not possible, an informed estimate is sufficient. (8) In addition, the Joint Body reports to the Federal Environment Agency annually until 1 July the quantities reported by the manufacturers pursuant to § 13 (4). (9) The Joint (10) The Joint Body may require the competent authority to reimburses the costs incurred by it for the benefit of the services provided for in Article 14 (3), (5) and (6). This claim is directed against the Beliehenes in the event of an insult. Unofficial table of contents

Section 15 Organisation of the Common Position

(1) The Joint Body shall be replaced by the Articles of Association, the Social Contract or any other arrangement.

1.: lay down the duties to be fulfilled by the tasks referred to in Article 14 (1), second sentence, and (2), (3) and (5) to (9);
2.: to organise their organisation and equipment in such a way as to ensure that the tasks assigned to it are properly fulfilled,
3.: ensure that it is accessible to all manufacturers on equal terms and that all manufacturers can participate in the internal control system;
4.: ensure compliance with the rules on the protection of personal data and the confidentiality of business and trade secrets.

The scheme is to be published on the Internet. The Joint Body shall, in consultation with the supervisory authority responsible under national law, establish rules on the protection of personal data and of operational and trade secrets. (2) The Joint Body shall establish an advisory board. Representatives of manufacturers, distributors, public service providers, the federal and state governments, as well as the waste management industry and the environmental and consumer protection associations must be members of the Advisory Board. The Advisory Council shall adopt its rules of procedure. Unofficial table of contents

Section 16 Tasks of the competent authority

(1) Competent authority shall be the Federal Environment Agency. (2) The competent authority shall register the manufacturer on his application with the trade mark, the company, the place of establishment or the registered office, address, the name of the person entitled to represent, and the name of the competent authority. Device type and issue a registration number. If a guarantee is required in accordance with Section 6 (3), registration may only be effected if the manufacturer presents them. (3) Without prejudice to § 49 of the Administrative Procedure Act, the competent authority may register and register , if the manufacturer does not submit a guarantee required in accordance with § 6 (3), or if his/her collection obligations are seriously infringed in accordance with Section 10 (1) sentence 1. (4) The competent authority shall inform the Joint Body of the manufacturers registered by it as well as their type of equipment and registration number. It shall also inform the Joint Body which registrations have been revoked as soon as the revocation is final. (5) The competent authority shall receive a notification from the Joint Body in accordance with Article 14 (6) sentence 3, which shall be notified to the competent authority in the Individual case-by-case arrangements for the rapid collection of the containers provided, taking into account the calculations made by the Joint Body according to § 14 (5) and (6) of the Joint Body.

Section 5
Insult

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§ 17 Authorisation to Beleihung

(1) The competent authority shall be empowered to provide a legal person of private law, a legal entity or any other appropriate body established as a common body by manufacturers, with the tasks referred to in Article 9 (5). Sentence 4 and Section 16 (2) to (5), including the enforcement of the administrative acts resulting hereto, to be insult. This shall provide the necessary assurance for the proper performance of the tasks entrusted to it. It provides the necessary guarantee if:

1.: persons who, according to the law, the social contract or the statutes, are responsible for the management and representation of the company, are reliable and technically suitable,
2.: the equipment and organisation necessary for the performance of its tasks,
3.: ensuring compliance with the rules on the protection of personal data and the confidentiality of business or trade secrets.

The authorities may only carry out the duties specified in this Act. (2) The order may be conferred on the Beliavans to charge fees and outlays for their activities. (3) The Federal Gazette shall be aware of the insult. Unofficial table of contents

§ 18 Supervision

(1) Beliehene is subject to the legal and professional supervision of the beloved. (2) In order to fulfil the tasks assigned to it in accordance with Article 17 (1), the Beliehenes shall be entitled to carry out the tasks themselves or to carry out the tasks themselves by means of a (3) The competent authority may request reimbursement of the costs incurred by the competent authority for the legal and professional supervision referred to in paragraph 1. The claim shall not exceed the amount of the revenue estimated in the federal budget for the implementation of the legal and professional supervision. Unofficial table of contents

Section 19 Termination of the Beleihung

(2) Without prejudice to § 49 of the Administrative Procedure Act, the Beleiving may revoke the order if the Beliehenes do not properly carry out the tasks assigned to it. (3) The Beliehenes may request the termination of the insult at any time in writing. The request shall be in accordance with a reasonable period of time required for the continuation of the task of filling in accordance with § 16.

Section 6
Final provisions

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§ 20 appointment of a third party

§ 22 sentences 2 and 3 of the Circular Economic Law shall apply to the extent to which the provisions of this law serve to fulfil their duties of third parties. Unofficial table of contents

Section 21 Contradiction and action

(1) There is no opposition proceedings against administrative acts in accordance with § 9 (5) sentence 4 or § 16 (2), (3) and (5). (2) The action against an order pursuant to § 9 (5) sentence 4 or § 16 (5) does not have suspensive effect. Unofficial table of contents

Section 22 Fees and charges

(1) Cost-covering fees and expenses shall be charged for individually attributable public services of the competent authority in accordance with this Act. Expenses within the meaning of the first sentence are also the costs reimbursed by the competent authority pursuant to Article 14 (10). (2) The fee shall also be charged to the average administrative burden of the law, which is attributable to the individually attributable public service. (3) The Federal Ministry for the Environment, Nature Conservation and Nuclear Safety is authorized to do so by means of a decree-law that does not comply with the requirements of the law. Approval of the Federal Council requires, the chargeable Tatstocks, the To determine the level of fees and the costs, and to provide for fixed rates and framework rates. To the extent that a reduction in the relevant fee rate is effected by amending the ordinance of the legal regulation, the individual public services which are to be made available on request and which are subject to individual costs are to be paid at the time of termination. the legal regulation applicable to the official act. Unofficial table of contents

Section 23 Penal rules

(1) Contrary to the law, those who intentionally or negligently act

1.: (dropped)
2.: , contrary to the first sentence of Article 6 (2), cannot be registered in due time,
3.: contrary to § 6 para. 2 sentence 4, the registration number does not lead,
4.: Contrary to § 6 para. 2 sentence 5, puts electrical and electronic equipment on the market,
4a.: offers for sale, contrary to § 6 (2) sentence 6, electrical and electronic equipment,
5.: Contrary to § 6 (4) sentence 3, the costs of disposal are excluded,
6.: in accordance with § 9 (7) sentence 3 or § 10 (1) sentence 3, in conjunction with Section 11 (2) sentence 2 in conjunction with Annex III, Nos. 1, 3, 5, 6 or 7, does not remove a liquid or does not comply with a requirement referred to in paragraph 1, sentence 3,
7.: contrary to § 9 (7) sentence 3 or § 10 (1) sentence 3, in connection with § 12 (3) sentence 2, a record is not, not correct, not complete or not in good time,
7a.: , contrary to Article 9 (9), sentence 1,
8.: , contrary to § 10 (1) sentence 1, a container provided is not or is not recovered in time, or
9.: Contrary to Section 13 (1), a communication does not make it correct, not complete or not in good time.

(2) In the cases referred to in paragraph 1 (2) to (5), (7) and (7a), the administrative offence may be punishable by a fine of up to one hundred thousand euros, in the other cases with a fine of up to ten thousand euros. (3) Administrative authority within the meaning of § 36 Paragraph 1 (1) of the Code of Administrative Offences shall be the Federal Environment Agency in the cases referred to in points (2), (4), (4a), (8) and (9) of paragraph 1. (4) In the cases referred to in paragraph 3, the fines and the amounts of the fines shall also be applied to the court proceedings. whose decay was ordered by the courts, the Bundeskasse, which also includes those of the state treasury shall bear the costs imposed. Unofficial table of contents

Section 24 Transitional provisions

The exercise of the rights and obligations pursuant to § 6 (2) and (3), § 9 (5) and (6), § 13 (1) No. 1, (2) and (3) sentence 1 to 4, § 14 (2), (4), (5), (6) and (9) and § 16 (2) to (4) shall be held until 23 November 2005, the exercise of the rights and Obligations pursuant to § § 7 and 8, § 9 (1) to (4), (7) and (8), § § 10 and 11, § 13 (1) No. 2 to 7, (3) sentence 5 and 6, as well as (4) to (6), § 14 (3), (7) and (8) and § 16 (5) to 23 March 2006. Unofficial table of contents

Section 25 Entry into force

(1) § 6 (1) sentence 1, § 14 (1), § § 15 and 16 (1) as well as § § 17 to 22 enter into force on the day after the announcement. (2) (omitted) (3) § 12 shall enter into force on 31 December 2006. (4) Otherwise, this law will enter into force on 13 August 2005. Unofficial table of contents

Annex I List of categories and equipment

Source of the original text: BGBl. I 2005, 771-772

1.	Large-scale household appliances
	Large refrigerators
	Refrigerators
	Freezers
	Other large appliances for the cooling, preservation and storage of foodstuffs
	Washing machines
	Tumble dryer
	Dishwashers
	Stoves and ovens
	Electric hotplates
	Electric heating plates
	Microwave devices
	Other large-scale appliances for cooking or other processing of food
	Electrical heaters
	Electric radiators
	Other large appliances for heating rooms, beds and seating furniture
	Electrical fans
	Air conditioners
	Other aeration, ventilation and air conditioning equipment
2.	Small household appliances
	Vacuum Cleaner
	Carpet sweepers
	Other cleaning equipment
	Equipment for sewing, knitting, weaving or other processing of textiles
	Iron and other equipment for ironing, mangling or other care of clothing
	Toaster
	Friteusen
	Mills, coffee machines and equipment for opening or closing containers or packaging
	Electrical knives
	Hair clippers, hair dryers, electric toothbrushes, shavers, massage equipment and other equipment for body care
	Alarm clock, wristwatches and equipment for measuring, displaying or recording the time
	Scales
3.	Equipment of information and telecommunications technology
	Central data processing:
	Mainframe
	Minicomputers
	Printer
	PC Range:
	PCs (including CPU, mouse, screen, and keyboard)
	Laptops (including CPU, mouse, screen, and keyboard)
	Notebooks
	Electronic notebooks
	Printer
	Copiers
	Electrical and electronic typewriters
	Pocket and table calculators
	Other products and equipment for the collection, storage, processing, presentation or transmission of information by electronic means
	User terminals and systems
	Fax machines
	Telex equipment
	Telephones
	Coin and card telephones
	Cordless telephones
	Mobile phones
	Answering machine
	Other products or equipment for the transmission of sounds, images or other information with telecommunications
4.	Consumer electronics equipment
	Radio equipment
	Television sets
	Video cameras
	Video recorder
	Hi-Fi systems
	Audio amplifier
	Musical Instruments
	Other products or equipment for the recording or reproduction of sounds or images, including signals, or other technologies for the transmission of sounds and images with other than telecommunication means
5.	Lighting
	Luminaires for fluorescent lamps with the exception of luminaires in households
	Rod-shaped fluorescent lamps
	Compact fluorescent lamps
	Discharge lamps, including high-pressure sodium vapour lamps and metal vapour lamps
	Low-pressure sodium vapour lamps
	Other lighting elements or equipment for the propagation or control of light, with the exception of bulbs and lamps in households
6.	Electrical and electronic tools (with the exception of large-scale industrial large-scale tools)
	Drilling machines
	Saws
	Sewing machines
	Equipment for turning, milling, grinding, crushing, sawing, cutting, shearing, drilling, punching, punching, folding, bending or for the appropriate machining of wood, metal and other materials
	Rivet, nail or screwing tools or tools for the loosening of rivet, nail or screw connections or for similar purposes
	Welding and soldering tools or tools for similar uses
	Equipment for spraying, dispensing, distributing or other processing of liquid or gaseous substances by other means
	Lawnmowers and other gardening equipment
7.	Toys, sports and leisure equipment
	Electric Railways or Car Railways
	Video game consoles
	Video games
	Bicycle, Tauch, Run, Rudercomputer etc.
	Sports equipment with electrical or electronic components
	Cash slot machines
8.	Medical products (with the exception of implanted and infectious products)
	Devices for radiation therapy
	Cardiology equipment
	Dialysis equipment
	Ventilators
	Nuclear medicine equipment
	Laboratory equipment for in-vitro diagnostics
	Analyzers
	Freezers
	Fertilisations-Test equipment
	Other equipment for the detection, prevention, monitoring, treatment or alleviation of diseases, injuries or disabilities
9.	Monitoring and control instruments
	Smoke detectors
	Heating regulator
	thermostats
	Equipment for measuring, weighing or regulating in household and laboratory
	Other monitoring and control instruments of industrial plants (e.g. (b) in control consoles)
10.	Automatic output devices
	Hot drinks vending machines
	Automatic machines for hot or cold bottles or cans
	Automatic machines for fixed products
	ATMs
	Any device for the automatic delivery of products

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Annex II-symbol for the identification of electrical and electronic equipment in accordance with § 7

Source of the original text: BGBl. I 2005, 772 The symbol for the separate collection of electrical and electronic equipment represents a crossed-out waste bin on wheels (see below). This symbol shall be visible, recognizable and permanently affixed.
(... non-representable image of a crossed-out waste container) Unofficial table of contents

Annex III Selective treatment of materials and components of waste electrical and electronic equipment in accordance with § 11 (2)

(Fundstelle: BGBl. I 2005, 773;
with regard to of the individual amendments. Footnote)

1.

At least the following substances, mixtures and components must be removed from separately collected waste:

a): mercury-containing components such as switches or lamps for backlighting;
b): batteries and accumulators;
c): Printed circuit boards of mobile phones in general and of other devices when the surface of the printed circuit board is greater than 10 square centimetres;
d): Toner cartridge, liquid and pasty, and color toner;
e): plastics containing brominated flame retardants;
f): Asbestos waste and components containing asbestos;
g): Cathode ray tubes;
h): Chlorofluorocarbons (CFCs), hydrochlorofluorocarbons (HCFCs) or hydrofluorocarbons (HFCs), Hydrocarbons (KW);
i): Gas discharge lamps;
j): Liquid crystal displays (optionally together with the enclosure) with a surface area of more than 100 square centimetres, and backlit displays with gas discharge lamps;
k): external electrical lines;
l): Components containing refractory ceramic fibres as defined in Part 3 of Annex VI to Regulation (EC) No 1272/2008;
m): Electrolytic capacitors containing substances of concern (height > 25 mm; diameter > 25 mm or proportionately similar volume);
n): cadmium-or selenium-containing photoconductive drums. These substances, mixtures and components must be removed or used in accordance with § 15 (2) of the German Circular Economy Act.

2.

Components containing radioactive substances shall be treated as follows:

a): Components containing radioactive substances, with the exception of components from consumer goods, and which are subject to approval pursuant to Section 106 of the Radiation Protection Regulation of 20 June 2001 (BGBl. I p. 1714, 2002 I p. 1459), as amended by Article 2 of the Regulation of 18 June 2002 (BGBl. I p. 1869), manufactured or brought under § 108 of the Radiation Protection Ordinance and for which no withdrawal concept pursuant to § 107 (1) (1) (a) and in accordance with § 109 of the Radiation Protection Regulation is required, can be made without further selective treatment pursuant to § 15 (2) of the German Circular Economy Act is removed or recovered.
b): Components such as those referred to in point (a), but for which a withdrawal concept is required in accordance with § 107 (1) (a) and in accordance with § 109 of the Radiation Protection Ordinance, shall be addressed by the last owner in accordance with § 110 of the Radiation Protection Ordinance to those in the Information in accordance with § 107 (1) (3) of the Radiation Protection Regulation should be returned.
c): All other components containing radioactive substances shall be disposed of in the light of the provisions of the Radiation Protection Regulation.

3.

For condensers containing polychlorinated biphenyls (PCBs), § 2 para. 2 no. 2 of the PCB/PCT Waste Regulation applies.

4.

The following components of separately collected WEEE shall be treated as indicated:

a): Cathode ray tubes: removal of the fluorescent coating.
b): Equipment containing gases which are ozone deplant or have a global warming potential (GWP) of more than 15, e.g. B. In foams and cooling circuits, the gases must be removed and treated in a proper way. In accordance with Regulation (EC) No 2037/2000 of the European Parliament and of the Council of 29 June 2000 on substances that deplete the ozone layer (OJ L 206, 22.7.2000, p. EC No 1), as last amended by Regulation (EC) No 1804/2003 of the European Parliament and of the Council of 22 September 2003 (OJ L 284, 31.10.2003, p. EU No L 265 p. 1).
c): Gas discharge lamps: removal of mercury.

5.

Taking into account environmental protection and the desirably that re-use and recycling are desirable, points 1 to 3 shall be applied in such a way as to ensure environmentally sound re-use and recycling of the environment not impeded by components or whole appliances.

6.

In the preparation of lamps for recovery purposes, a mercury content of not more than 5 milligrams per kilogram of waste glass shall be observed for waste glass.

7.

In the course of treatment, picture tubes are to be separated primarily into canopy and cone glass.

8.

Gas discharge lamps are adequately protected against breakage and can be transported.

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Annex IV Technical requirements in accordance with § 11 (2) sentence 4

Source of the original text: BGBl. I 2005, 774

1.

Sites for storage (including interim storage) of WEEE prior to their treatment (without prejudice to the Regulation on the Deponation of Waste):

a): appropriate areas with an impermeable surface and collecting facilities and, where appropriate, separators for liquids that are expiring and grease-free cleaning agents;
b): weather-resistant cover for suitable areas.

2.

Locations for the treatment of electrical and electronic equipment:

a): scales to determine the weight of the treated waste;
b): suitable areas with impermeable surface and water-impermeable cover, as well as collection facilities and, where appropriate, separators for liquids that are expiring and degreasing cleaning agents;
c): appropriate storage space for dismantled individual parts;
d): suitable containers for the storage of batteries, PCB/PCT-containing capacitors and other hazardous waste, such as radioactive waste;
e): Equipment for the treatment of water in accordance with health and environmental regulations.