The Placing On The Market, The Redemption And The Environmentally Sound Disposal Of Waste Electrical And Electronic Equipment Act

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

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The 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)

Non-official Table of Contents

ElektroG

Date of expiry: 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. I p. 3642) "

:Last modified by Art. 14 G v. 20.9.2013 I 3642

For details, see the menu under Notes
With this law, the European Parliament's Directive 2002/96/EC will be published. of the Council of 27 1 January 2003 on waste electrical and electronic equipment (OJ L 327, 28.3.2003, p. EU No 24), as last amended by Directive 2003 /108/EC of the European Parliament and of the Council of 8 June 2003. December 2003 amending Directive 2002/96/EC on waste electrical and electronic equipment (OJ L 327, 22.12.2003, p. EU No 106), and Directive 2002/95/EC of the European Parliament and of the Council of 27 June 2001 on the European Parliament and of the Council of 27 June 2002 on January 2003 on the restriction of the use of certain hazardous substances in electrical and electronic equipment (OJ L 196, 27.7.2003, p. EU No 19).

The obligations arising from Directive 98 /34/EC of the European Parliament and of the Council of 22 June 1998 on the implementation of the European Parliament and of the Council of the European Communities, The European Parliament and of the Council of 19 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of the rules on information society services (OJ C EC No 37), as amended by Directive 98 /48/EC of the European Parliament and of the Council of 20 June 2000, of the European Parliament and of the Council of 20 June 1 July 1998 (OJ L 327, EC No 18), have been observed.

footnote

(+ + + text-proof: 13.8.2005 + + +)
(+ + + Official note of the norm-provider on EC law:
Implementation of the
EGRL 96/2002 (CELEX Nr: 302L0096)
EGRL 95/2002 (CELEX Nr: 302L0095)
Attention to
EGRL 34/98 (CELEX Nr: 398L0034) + + +)

§ 6 para. 1 sentence 1, § 14 para. 1, § § 15 and 16 para. 1, § § 17 to 22 occur according to § § § 17 bis 22. 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. Non-official table of contents

Input formula

The Bundestag, with the approval of the Bundesrat, has approved the following law:

Section 1
General Rules

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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 (circulatory economic law). 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. Up to 31. In 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 shall examine the economic downturn of the provisions of § § 9 to 13 at the latest 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. Non-official table of contents

§ 2 Scope

(1) This law applies to electrical and electronic equipment that fall under the following categories: provided that they are not part of another device that does not fall within the scope of this law:
1.
household large appliances
2.
household small appliances
3.
Information and Telecommunications Equipment
4.
Devices of the Consumer Electronics
5.
Lighting Body
6.
Electrical and Electronic Tools with the exception of large scale industrial tools
7.
Toys and 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 are in particular the devices listed in Annex I.(2) This law shall not apply to electrical and electronic equipment intended for the protection of the essential security interests of the Federal Republic of Germany or intended for military purposes only.(3) As far as this law does not contain any deviating regulations, the Circular Economic Law, with the exception of § 17 (4) and § 54, and those based on the Circular Economic Law or the up to 1. The current version of the Law on Circular Economic and Waste Law (Circular Economic and Waste Act) is to be applied in the current version of the legislation. § § 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. Non-official table of contents

§ 3 Definitions

(1) Electrical and electronic equipment within the meaning of this Act are
1.
Devices that have electrical currents or electromagnetic fields for their proper operation
2.
Devices for the generation, transmission and measurement of such currents and fields,
which are intended for operation with alternating voltage of 1 000 volts or less, or DC voltage of at most 1 500 volts is designed.(2) Device type within the meaning of the Act refers to equipment within a category which has comparable characteristics with regard to the nature of its use or its functions.(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 German Circular Economy Act, including all components, sub-assemblies and consumables, which are at the time of the The entry of the waste property is part of the old device.(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 old appliances, insofar as the nature and quantity of the old appliances arising there with the in private households Household appliances are comparable to existing waste equipment.(5) Prevention within the meaning of this Act shall include measures to reduce the quantity and environmental harmlessness of waste equipment, its materials and substances.(6) Reuse within the meaning of this Act shall include measures in respect of which the waste equipment or components thereof are used for the same purpose for which they were manufactured or placed on the market.(7) Recovery within the meaning of this Act shall comprise the procedures referred to in Annex 2 to the Circular Economic Law.(8) Material recovery within the meaning of this Act is the reprocessing of the waste materials in a production process for the original purpose or for other purposes, but excluding the energy recovery.(9) Elimination within the meaning of this Act shall include the procedures set out in Annex 1 to the Circular Economic Law.(10) Treatment within the meaning of this Act shall be carried out after the handing over of the waste equipment to a plant for the defraation of pollutants, for dismantling, shredding, recovery or preparation of disposal, and other activities which are used for the recovery or disposal of waste equipment.(11) Manufacturers within the meaning of this Act are anyone who, irrespective of the selling method, including the means of distance communication within the meaning of Section 312c (2) of the Civil Code, are commercially available
1.
manufactures electrical and electronic devices under its brand name, and for the first time within the scope of this Law placed on the market,
2.
Other providers ' devices under its brand name are resold within the scope of this Act, with the reseller not being a manufacturer, provided that the manufacturer ' s brand name appears on the device as specified in point 1, or
3.
electrical or electronic equipment for the first time in the the scope of this law introduces and places on the market or exports to another Member State of the European Union and makes it directly to a user there.
(12) For the purposes of this Act, distributors shall be responsible for any new electrical and electronic equipment for use by 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 shall be those substances which meet the criteria for one of the following: the following in Annex I to Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 Regulation on the 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 hazard classes or categories described above:
a)
Hazard Classes 2.1 up 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 Exception of effects on or on 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, which are one or more of those in § 3a
(14)
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, the offer shall be the presentation or making publicly available of electrical and electronic equipment directed at the conclusion of a sales contract, including the invitation to submit an offer. name="BJNR076200005BJNG000200000 " />

Section 2
Electrical and Electronic Equipment Marketing Obligations

Non-official Contents

§ 4 Product design

Electrical and electronic equipment must be designed in such a way that disassembly and recovery, in particular the re-use and recycling of waste equipment, its components and materials, 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 Common Position, Registration, 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 of the Collection, sorting and disposal of its waste equipment. The competent authority in accordance with the law of the country shall fix 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 placing electrical or 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 representative. The registration application shall be accompanied by a guarantee referred to in the first sentence of paragraph 3 or a credibility liability as referred to in the second sentence of paragraph 3. Each manufacturer must have the registration number in 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 been duly registered, in accordance with the first sentence.(3) Each manufacturer shall be obliged to provide the competent authority with an annual insolvency-proof guarantee for the financing of the withdrawal and disposal of its electrical and electronic equipment, which shall be in accordance with the provisions of the 13. It will be available for use in private households and will be placed on the market for the period August 2005. 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. 5, sentence 3, point 2.(4) For waste equipment from private households in category 1, may be up to 13. February 2013, for WEEE from private households of all other categories up to 13. February 2011 the cost of disposing of the equipment, which is before the 13. In the case of the sale of new products, they have been placed on the market for sale in August 2005. No costs may be shown which exceed the actual costs incurred. An expulsion of the cost of the disposal of electrical and electronic equipment, according to the 13. It is not permitted to be placed on the market in August 2005. Non-official table of contents

§ 7 Labeling

Electrical and electronic equipment that is after the 13. In a Member State of the European Union for the first time in August 2005, shall be permanently marked in such a way that the manufacturer is clearly identifiable and can be determined that the device will be identified after that date. was first placed on the market. They shall also be marked with the symbol referred to in Annex II, provided that a guarantee is required in accordance with Article 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. Non-official table of contents

§ 8 Distribution with the help of distance communication technology

The requirements of § 6 (2), (3) and (4) as well as § § 7 and 13 para. 1 (1) and (3) sentences 1 to 5 shall also apply to manufacturers who direct electrical or electronic equipment directly to users in private households in another Member State of the European Union with the aid of distance communication technology. name="BJNR076200005BJNG000300000 " />

Section 3
Collection, Withdrawal, Treatment and Value Obligations

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§ 9 Separate collection

(1) Owners of old devices have to supply these to a collection separate from the unsorted municipal waste.(2) The legal persons who are obliged to dispose of them according to national law (public-law disposal providers) shall inform the private households of the obligation laid down in paragraph 1. They also inform households about
1.
that are available in their area. Options for returning or collecting waste equipment,
2.
whose contribution to re-use, recycling and other forms of recovery of waste Old appliances,
3.
the potential impact on the environment and human health of the hazardous substances contained in the electrical and electronic equipment Health,
4.
the meaning of the symbol referred to in Annex II.
(3) The public service providers shall, within the limits of their obligations under Article 20 of the Circular economy law collection points where old appliances can be delivered from private households in their territory by end-users and distributors (bringsystem). The public service providers may limit the acceptance at individual collection points to certain waste equipment groups in accordance with paragraph 4, if this is necessary for reasons of space, taking into account the other value-added collection in individual cases. , and the collection of all WEEE groups as referred to in paragraph 4 in the waste disposal area of the public-sector waste disposal carrier is ensured. 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 can 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 coordinated 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 ("Private households") Circulatory economic law shall remain unaffected by sentences 6 and 7.(4) The public service providers shall provide the waste equipment to be picked up by the manufacturers in the following groups in containers free of charge:
1.
household large appliances, automatic output devices
2.
coolers
3.
Information and Telecommunications Devices, Consumer Electronics Devices
4.
Gas Discharge Lamps
5.
Small household appliances, lighting, electrical and electronic Tools, toys, sports and leisure equipment, medical devices, monitoring and control instruments.
The public waste disposal providers report to the Joint Body (§ 14) the containers available for collection, if at Groups 1, 2, 3 and 5 have a collection volume of at least 30 cubic metres per group and a collection rate of at least three cubic metres is reached in Group 4.(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 measures in individual cases in order to ensure that the public-sector waste disposal authorities are responsible for the required quantity of containers is available. To this end, the public service providers of the Joint Body shall display all collection points provided for in their territory.(6) A public-service waste disposal institution may withdraw all WEEE from a group referred to in paragraph 4 for 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. Section 13 (1) no. 3 to 7, section 3, sentence 6 and section 13 (4) shall apply accordingly.(7) The distributors may voluntarily withdraw 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 old 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 of private households shall not be entitled to pay any remuneration.(8) Manufacturers may voluntarily set up and operate individual or collective take-back systems for the free return of WEEE from private households, provided that they are in accordance with the objectives set out in § 1. You have to reuse the old devices or their components or to treat them in accordance with § 11 and to dispose of them in accordance with § 12.(9) The collection referred to in paragraph 1 shall be carried out exclusively by public service providers, distributors and manufacturers, and shall be carried out in such a way as to ensure that subsequent re-use, dismantling and recovery, in particular material, shall be carried out in such a way that: recovery, not impeded. § 20 shall apply accordingly. Non-official table of contents

§ 10 Withdrawal Obligation of the Manufacturers

(1) Each manufacturer is obliged to provide the information provided in accordance with § 9 (4). To collect containers immediately according to the assignment of the competent authority pursuant to § 16 (5). § 9 (8) shall apply accordingly for the collection. He has to reuse the old appliances or their components or to treat them in accordance with § 11 and to dispose of them according to § 12 as well as to bear the costs of the collection and disposal.(2) Each manufacturer shall be obliged to use other users as private households, which shall be deemed to be new equipment after the 13. It will be placed on the market in August 2005 to provide a reasonable option for return and to dispose of the waste equipment. For the disposal of WEEE which does not come from private households and as new equipment before the 13. The owner is obliged to do so in 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 waste equipment or its components or to treat it in accordance with § 11 and to dispose of it in accordance with § 12, as well as to bear the costs of disposal.(3) Section 9 (2) shall apply to manufacturers accordingly. Non-official table of contents

§ 11 Treatment

(1) Before treatment, it is necessary to check whether the old device or individual components of a reuse , in so far as the test is technically possible and economically reasonable.(2) The treatment shall be carried out in accordance with the state of the art within the meaning of Section 3 (28) of the Circular Economic Law. 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 be adopted in accordance with Annex II to Directive 2002/96/EC of the European Parliament and of the Council of 27 June 2002 on the protection of human health and the environment. 1 January 2003 on waste electrical and electronic equipment (OJ L 327, 28.3.2003, p. 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 shall be met in the treatment.(3) The operator of an installation in which the initial treatment is carried out shall have the installation 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. When checking the requirements, consider the results of checks that are
1.
by an independent environmental verifier or an environmental verifier, in accordance with Article 4 (3) of Council Regulation (EEC) No 1836/93 of 29 June 1993, of the European Parliament and of the Council of the European Communities, June 1993, on the voluntary participation of industrial undertakings in a Community eco-management and audit scheme (OJ L 327, 28.8.1993, 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 in the framework of the certification of a quality management according to DIN EN ISO 9001 or 9004 or
3.
on the basis of water regulations by experts in the context of the inspection of installations within the meaning of Section 62 (1) of the Water Resources Act
The operator of an installation in which the initial treatment takes place shall be obliged to carry out the data collected by him on the quantity flows required by the producers for the performance of their obligations under § 13 of the Annex to the Directive. to inform manufacturers.(4) Treatment facilities shall be deemed to be certified in accordance with this Act, if the holding is a waste disposal plant and the compliance with the requirements of this law is verified and designated in the monitoring certificate.(5) A certificate referred to in paragraph 3 may only be granted to those who
1.
according to § 36 of the Industrial Code ,
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 Environmental Law 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. 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), as amended, as amended, or
3.
in another Member State of the European Union or in another Member State. The Contracting State of the Agreement on the European Economic Area is established, intends to carry out its activities in the territory of Germany only temporarily and occasionally and to carry out its professional qualification before commenting the activity in accordance with Articles 13a and 13b of the Business order has been checked; procedure after this number can be handled through a single entity.
Contents

§ 12 Recovery

(1) Altgeräte are to be treated in such a way that
1.
is Old appliances of categories 1 and 10
a)
The share of recovery of at least 80% of the average weight per unit and
b)
the share of reuse and recycling of components, materials and substances at least 75 Percent of average weight per device
2.
for legacy devices of categories 3 and 4
a)
The percentage of recovery is at least 75 percent of the average weight per device and
b)
The share of re-use and recycling of components, materials and materials at least 65 per cent of the average weight per device
3.
for legacy devices of categories 2, 5, 6, 7, and 9
a)
the share of recovery is at least 70 percent of the average weight per device, and
b)
The share of reuse and recycling of components, materials and materials at least 50 percent of the average weight per device
4.
for gas discharge lamps, the proportion of reuse and recycling of components, materials and materials at least 80 percent of the weight of the lamps.
(2) Altgeräte, which are reused as a whole, will be up to the 31. No account shall be taken of the calculation of the targets set out in paragraph 1 of this Article.(3) In the context of the certification according to § 11 (3), it is necessary to demonstrate that all records relating to the quantity of waste equipment, their components, materials and substances are kept by the first-time handler if these are
1.
will be supplied to the treatment facility,
2.
leaving the treatment facility,
3.
being supplied to the recovery facility.
The operator of the The facility in which the initial treatment is carried out shall be made available for this purpose by the further treatment and recycling facilities.(4) Altgeräte exported from the European Union may only be taken into account when calculating the shares set out in paragraph 1, if
1.
it is proven that the requirements of paragraph 1 as well as the requirements of § 11 are met and
2.
the export is done correctly, especially in accordance with
a)
Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 December 2006. June 2006 on shipments of waste (OJ L 136, 31.7.2006, p EU No 1) in the version in force,
b)
Commission Regulation (EC) No 1418/2007 of 29 June 2007. 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 for recovery to certain States for which the OECD Decision on the control of transboundary movements of waste does not apply (OJ L 136, 31.7.2006 6), as amended by Regulation (EC) No 740/2008 (OJ L 378, 27.12.2008, p. 36), as amended
Non-official table of contents

§ 13 Notification and participation Information requirements of manufacturers

(1) Each manufacturer is obliged to communicate to the Joint Body (§ 14):
1.
monthly the type and quantity of electrical and electronic equipment it has placed on the market; the quantity of equipment it has placed on the market, for which a guarantee in accordance with § 6 para. 3, the first sentence is to be identified separately;
2.
the quantity of the group according to § 9 para. 4 in the calendar year with the public service providers waste collected;
3.
the type and quantity of the waste equipment collected by it in the calendar year according to § 9 (8);
4.
the amount of legacy devices it reuses per category in the calendar year;
5.
the amount of the old appliances it uses per category, in each calendar year of recycled waste equipment;
6.
the quantity of waste used by each category in the calendar year;
7.
the amount of WEEE that it runs in each calendar year.
(2) In the cases referred to in paragraph 1, point 1, different reporting periods may be used with the Common Position shall be agreed. The communication takes place annually up to the 30. April, provided that a guarantee is not required under Section 6 (3).(3) The weight shall be given as a priority. 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 up to 30. The following calendar year shall be submitted to the Joint Body in April of the following calendar year.(4) Each manufacturer shall, in addition, have the common position per year up to 30 years. Report on the quantities collected during the previous calendar year to the initial treatment facilities in accordance with section 12 (3) of the previous calendar year.(5) Where 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 re-use facilities, treatment facilities and facilities for recycling information on re-use and treatment for each type of new electrical and electronic equipment placed on the market within one year after 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 where this is necessary for the re-use facilities, treatment facilities and facilities for recycling, in order to enable them to comply with the provisions of this Act.(7) Electrical and electronic equipment containing a battery or an accumulator shall be accompanied by information which shall inform the user of the type and chemical system of the battery or battery and the safe removal thereof. name="BJNR076200005BJNG000400000 " />

Section 4
Common Position, Competent Authority

Non-Official Table of Contents

§ 14 Tasks of the Joint Body

(1) The Joint Body shall assist the competent authority in preparing its decisions pursuant to Article 9 (5) sentence 4 and section 16 (2), (3) and (5). It shall be 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 in accordance with Section 16 (4). It publishes the registered manufacturers as well as their device type and registration number on the Internet.(3) The Joint Body shall accept the reports of the public service providers in accordance with § 9 (4) sentence 2.(4) The Joint Body shall have the right 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 § 13 (1) and (4).(5) The Joint Body shall calculate the quantity of waste equipment to be collected by each registered manufacturer from the public service providers and shall report the calculation of the competent authority. For those before the 13. Electrical and electronic equipment placed on the market in August 2005 shall be calculated on the basis of the obligation of each manufacturer in respect of the quantity of electrical and electronic equipment placed on the market in the relevant calendar year for each type of equipment. For those from the 13. Electrical and electronic equipment placed on the market in August 2005 shall be subject to the obligation to choose the manufacturer after
1.
the proportion of his clearly identifiable old appliances, which he has demonstrated by sorting or by scientifically accepted statistical methods, of the total Old equipment quantity per type of equipment or
2.
its share of the total amount of electrical and electronic equipment put on the market in the relevant calendar year per year
to § 13 (1) (1) and (3) sentences 1 to
, the manufacturers ' reports are based on the notifications made by the manufacturers. 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. For non-sorting or identifiable WEEE, the second sentence shall apply mutatily.(6) The Joint Body shall calculate the time and locally uniform distribution of the collection obligation on all registered manufacturers on the basis of a scientifically recognised calculation method, based on an opinion of an independent body. Experts have been confirmed. 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 accordingly.(7) Each year, the Joint Body shall draw up a list of all registered manufacturers and shall forward it to the Federal Environment Agency. In addition, it reports annually to the Federal Environment Agency up to the 1. July in relation to the previous calendar year
1.
the quantity of all the manufacturers per category Electrical and electronic equipment placed on the market,
2.
the quantity collected by all manufacturers per category for the public service providers. ,
3.
the quantity of old appliances used by all manufacturers for each category,
4.
the amount of old appliances revalued by all manufacturers per category,
5.
the amount of by all manufacturers per category in any other way in accordance with § 3 (7),
6.
the quantity of the collected and collected by all the manufacturers Old devices that have been executed
Add priority 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 shall report annually to the Federal Environment Agency up to 1. July the quantities reported by the manufacturers pursuant to section 13 (4).(9) The Joint Body may not conclude or impart contracts with waste disposal companies.(10) The Joint Body may require the competent authority to pay compensation for the costs incurred by it for the services provided for in Article 14 (3), (5) and (6). This claim is directed against the Beliehenes in the event of an insult. Non-official table of contents

§ 15 Organization of the Joint Body

(1) The Joint Body must be replaced by the Articles of Association, the Social Contract or any other Control
1.
the second sentence of § 14 (1), second sentence, and (2), (3) and (5) to (9), to be fulfilled by the Set tasks mandatory,
2.
configure your organization and equipment to ensure proper performance of the tasks you are doing. is,
3.
ensure that it is accessible to all manufacturers on equal terms, and that all manufacturers participate in the internal control
4.
ensure compliance with the rules on the protection of personal data and of business and business secrets.
The rules is to be published on the Internet. The Joint Body shall, in consultation with the competent supervisory authority under national law, establish rules on the protection of personal data as well as operational and business secrets.(2) The Joint Body shall set up an Advisory Council. 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. Non-official table of contents

§ 16 Tasks of the competent authority

(1) Competent authority is the Federal Environment Agency (Umweltbundesamt).(2) The competent authority shall register the manufacturer with the trade mark, the company, the place of establishment or the registered office, the address, the name of the representative and the type of equipment, and shall issue a registration number on the application. 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 revoke the registration and registration number if the manufacturer does not submit a guarantee required in accordance with § 6 (3) or if he/she does not require his/her collection obligations in accordance with § § 6 (3). 10 para. 1 sentence 1 seriously injured.(4) The competent authority shall notify the Joint Body of the manufacturers registered by it, the type of equipment and the registration number thereof. It shall also inform the Joint Body of the registrations which have been revoked as soon as the revocation has become final.(5) The competent authority shall report to the Joint Body in accordance with Article 14 (6), third sentence, that it shall adopt the arrangements necessary in individual cases for the rapid collection of the containers provided, taking into account the requirements of the competent authority. Calculations of the Joint Body in accordance with § 14 (5) and (6).

Section 5
Beleihung

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§ 17 Authorisation to be used

(1) The competent authority shall be authorized to act as a legal entity of private law, a legal entity or any other appropriate body designated by manufacturers as: A joint body shall be established in order to insult the tasks in accordance with Section 9 (5) sentence 4 and Section 16 (2) to (5), including the execution of the administrative acts resulting hereunder. This shall provide the necessary assurance for the proper performance of the tasks entrusted to it. It provides the necessary assurance if
1.
is the person who is subject to the law, the social contract, or of the statutes, the management and representation are competent, reliable and technically appropriate,
2.
they are the equipment necessary for the performance of their duties, and organization,
3.
ensures that the rules on the protection of personal data as well as operational or business secrets are respected
Only the tasks referred to in this Act may be carried out.(2) The loanes may delegate to the Beliehenen the power to charge fees and levies for their activities.(3) The Federal Gazette (Bundesanzeiger) shall be notified of the insult. Non-official table of contents

§ 18 Supervision

(1) The Beliehene is subject to the legal and professional supervision of the Beleiving.(2) In order to fulfil the tasks assigned to it in accordance with Section 17 (1), if the Belieheed does not or only insufficiently fulfils the tasks assigned to it, the imminent authority shall be entitled to carry out the tasks itself or to have it carried out by a special envoy.(3) The competent authority may require the replacement 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

§ 19 Termination of the order

(1) The insult ends when the Beliehene is dissolved.(2) Without prejudice to § 49 of the Administrative Procedure Act, the imminent insult may be revoked if the Beliehenes do not properly carry out the tasks assigned to them.(3) The Beliehene may request the termination of the order at any time in writing. The request shall be within a reasonable period of time required to continue the task performance in accordance with § 16.

Section 6
Final Provisions

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§ 20 Appointment of a third party

To the extent that the obligations under this law serve to fulfil their duties of third parties, § 22 sentence 2 and 3 of the Circular Economic Law applies. Non-official table of contents

§ 21 contradiction and lawsuit

(1) There is no administrative file pursuant to § 9 (5) sentence 4 or § 16 (2), (3) and (5) Opposition proceedings instead.(2) The action against an order pursuant to Section 9 (5) sentence 4 or § 16 (5) does not have suspensive effect. Unofficial Table Of Contents

§ 22 Fees and Deposits

(1) For individually attributable public services by the competent authority after this Law is charged with cost-covering fees and expenses. Expenses within the meaning of sentence 1 shall also be the costs reimbursed by the competent authority pursuant to § 14 (10).(2) The fee shall also cover the average administrative burden of the legal and professional supervision according to § 18, which is attributable to the individual attributable public service; the administrative effort shall be determined in accordance with economic principles.(3) The Federal Ministry for the Environment, Nature Conservation and Nuclear Safety is authorized to determine, by means of a decree law which does not require the consent of the Federal Council, the chargeable facts, the amount of the fees and the costs and the fees. to provide fixed rates and framework rates. To the extent that a reduction of the relevant fee rate is effected by amending the ordinance of the legal regulation, the individual public services which are to be made subject to a charge only on application shall be those which are subject to the relevant fee and which are to be paid at the Official act of the law applicable to the law. Non-official table of contents

§ 23 Penal rules

(1) Contrary to the law, who intentionally or negligently
1.
(omitted)
2.
contrary to § 6 para. 2 sentence 1, not to be registered or not to be registered in time,
3.
contrary to § 6 para. 2 Sentence 4 does not lead the registration number,
4.
is placing on the market against § 6 para. 2 sentence 5 electrical and electronic equipment,
4a.
contrary to § 6, paragraph 2, sentence 6, offering electrical and electronic equipment for sale,
5.
contrary to § 6 para. 4 Sentence 3 shows the costs of disposal,
6.
contrary to § 9 (7) sentence 3 or § 10 (1) sentence 3 in connection with § 11 paragraph 2 sentence 2 in conjunction with appendix III Nos. 1, 3, 5, 6 or 7 do not remove a liquid or do not meet a requirement mentioned there,
7.
contrary to § 9 para. 7 sentence 3 or § 10 para. 1 sentence 3 in each case in connection with § 12 (3) sentence 2, a record is not, not correct, not complete or not in good time,
7a.
contrary to § 9, paragraph 9, sentence 1, a Collection performed,
8.
contrary to § 10 (1), first sentence, a prepared container is not collected or not collected in time, or
9.
contrary to § 13 para. 1, a notice is not, not correct, not complete or not timely.
(2) The administrative offence may be in the cases referred to in paragraph 1 no. 2 to 5, 7 and 7a with a fine of up to one hundred thousand euros, and in other cases punishable by a fine of up to ten thousand euros.(3) In the cases referred to in paragraph 1 (2), (4), (4), (4a), (8) and (9), the Federal Environment Agency shall be the administrative authority within the meaning of Section 36 (1) (1) of the Law on Administrative Offences.(4) In the cases referred to in paragraph 3, the fines imposed in the court proceedings and the sums of money whose decay has been ordered shall also be paid to the Bundeskasse, which also carries the costs imposed on the treasury. Non-official table of contents

§ 24 Transitional provisions

The exercise of the rights and obligations pursuant to § 6 (2) and (3), § 9 (5) and (6), § 13 (1) No. 1, para. 2 and para. 3, sentences 1 to 4, § 14 (2), (4), (5), (6) and (9) as well as § 16 (2) to (4) shall be made up to the 23rd 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 the 23. It was suspended in March 2006. Non-official table of contents

§ 25 Entry into force

(1) § 6 para. 1 sentence 1, § 14 para. 1, § § 15 and 16 para. 1 as well as § § 17 to 22 occur on the day after of the proclamation in force.(2) (omitted) (3) § 12 shall take place on the 31. December 2006, in force.(4) By the way, this law shall be adopted on 13 December 2008. August 2005, in force. Non-official table of contents

Annex I List of categories and devices

Location of the original text: BGBl. I 2005, 771-772
1.household large appliances
Large refrigerators
refrigerators
Freezers
Other large appliances for cooling, preservation and storage of food
Laundry Machines
Drier
 dishwashers
stoves and ovens
Electric hotplates
Electrical heating plates
 Microwave devices
Other large appliances for cooking or other processing of Food
Electrical Heating Devices
Electric radiators
Other large appliances for heating rooms, beds and seating furniture
Electric Ventilators
Climate Devices
Other aeration, deaeration and air conditioning devices
2. household small appliances
Vacuum cleaner
Carpeting Machines
Other Cleaning Devices
Devices for sewing, knitting, weaving or otherwise processing textiles
Iron and other ironing equipment, Mangling or other care of clothing
Toaster
Friteusen
mills, coffee machines and devices for opening or closing containers or packaging
Electric Knife
Hair cutting devices, Hair dryer, electrical toothbrushes, shavers, massage equipment and other body care equipment
Alarm clock, wristwatches and equipment for measuring, displaying or recording the time
scales
3.Devices of the Information and Telecommunication Technology
Central Data Processing:
mainframe
minicomputer
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
Bags-and Desktop calculator
Other products and devices for the collection, storage, processing, presentation or transmission of information with electronic means
User end devices and systems
Fax Machines
Telexappliances
Phones
Mint and card phones
Cordless Phones
Mobile phones
voicemail
Other products or devices for the transmission of sounds, images, or other information with Telecommunications
4.Entertainment electronics devices
Radiodevices
TVs
Video Cameras
Videorekorder
Hi-Fi attachments
Audio Amplifier
Musical Instruments
Other products or devices for recording or reproducing sounds or images, including signals, or other Technologies for the transmission of sounds and images with others as telecommunication means
5.Lighting bodies
luminaires for fluorescent lamps with the exception of luminaires in households
Bar-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 devices 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
Tools for turning, milling, grinding, crushing, sawing, Cutting, shearing, drilling, punching, punching, folding, bending or appropriate processing of wood, metal and other materials
Niet, Nail or screw tools or tools for loosening of rivet, nail or screw joints or for similar purposes
Sweaty and Soldering tools or tools for similar purposes
Equipment for spraying, dispensing, distributing or otherwise processing liquid or gaseous substances by other means
lawnmowers and other gardening equipment
7. Toys as well as sports and leisure equipment
Electric Railways or Car Railways
video game consoles
video games
Bicycle, Tauch, running, rowing computer, etc.
Sports equipment with electrical or electronic components
Money slot machines
8. Medical Devices (with the exception of implanted and infectious products)
Devices for Radiation Therapy
Cardiology Devices
dialysis machines
respirators
nuclear medicine devices
In-vitro diagnostic laboratory equipment
Analytic devices
freezer
Fertilisations test devices
Other devices for detection, prevention, monitoring, treatment, or alleviation of disease, injury, or disability
9.Monitoring and control instruments
Smoke detector
heating regulator
thermostate
Means for measuring, weighing, or rules in household and laboratory
Other Monitoring and control instruments of industrial plants (e.g. B. in control consoles)
10.Automatic output devices
Hot beverage vending machines
Hot or cold bottles or cans automats
 Fixed product automats
ATMs
 Any devices for automatic delivery of products
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appendix II Symbol for the identification of electrical and electronic equipment in accordance with § 7

Fundstelle des Originaltextes: 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, visible and permanently affixed.
(... non-displayable image of a crossed-out waste container) unofficial table of contents

Annex III-selective treatment of materials and components of electrical and electronic equipment according to § 11 paragraph 2 (

) (Fundstelle: BGBl. I 2005, 773;
bzexcl. of the individual amendments, cf. Footnote)
1.
At least the following substances, mixtures and components must be separately collected WEEE removed:
a)
mercury-containing components such as switches or lamps for backlight;
b)
Batteries and accumulators;
c)
PCBs from Mobile phones in general and other devices if the surface of the circuit board is greater than 10 square centimetres;
d)
Tonerkartuschen, liquid and pastös, and Color toner;
e)
Plastics that contain brominated flame retardants;
f)
Asbestabfall and components that contain asbestos;
g)
cathode ray tubes;
h)
chlorofluorocarbons (CFCs), hydrochlorofluorocarbons (HCFCs) or hydrochlorofluorocarbons (HFCs), hydrocarbons (KW);
i)
Gas discharge lamps;
j)
Liquid crystal displays (if applicable together with the housing) 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 in accordance with Annex VI, Part 3 of Regulation (EC) No 1272/2008;
m)
Electrolytic Capacitors containing questionable substances (height > 25 mm; diameter > 25 mm or proportionally similar volumes);
n)
cadmium-or selenium-containing photo-conductor drums. These substances, mixtures and components must be removed or recycled in accordance with Section 15 (2) of the Circular Economic Law
2.
Components, the radioactive substances should be treated as follows:
a)
Components containing radioactive substances, except for the following: Components from consumer goods, and those under a permit pursuant to § 106 of the Radiation Protection Ordinance of 20. June 2001 (BGBl. I p. 1714, 2002 I p. 1459), as amended by Article 2 of the Regulation of 18 December 2002. June 2002 (BGBl. I p. 1869), manufactured or brought under § 108 of the Radiation Protection Ordinance and for which no withdrawal concept is required in accordance with § 107 (1) (1) (a) and in accordance with § 109 of the Radiation Protection Ordinance, can be used without further selective
b)
Components as referred to in point (a), but for which a return concept is based on the following: § 107 (1) (a) and in accordance with § 109 of the Radiation Protection Ordinance are required by the last owner in accordance with § 110 of the Radiation Protection Ordinance to the information specified in the information pursuant to § 107 (1) No. 3 of the Radiation Protection Ordinance. Point of return.
c)
All other components containing radioactive substances shall be taken into account in accordance with the provisions of the Radiation Protection Regulation.
3.
For capacitors containing polychlorinated biphenyls (PCBs), § 2 para. 2 no. 2 of the PCB/PCT Waste Regulation applies.
4.
The following components from separately collected WEEE are to be treated as stated:
a)
Cathode Ray Tubes: Removal of Fluorescent Coating.
b)
Devices that contain gases that are ozone layer damaging or have a global warming potential (GWP) over 15, for example: 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, the European Parliament and the Council of the European Union shall apply the rules on ozone June 2000 on substances that deplete the ozone layer (OJ L 327, 28.2.2000, p. EC No 1), as last amended by Regulation (EC) No 1804/2003 of the European Parliament and of the Council of 22 June 2003. 1 September 2003 (OJ L 327, EU No 1).
c)
Gas discharge lamps: removal of mercury.
5.
Taking into account the environmental protection and the fact that reuse and recycling are desirable, the numbers 1 to 3 must be applied in such a way that the environmentally sound re-use and the environmentally sound recycling of components or whole appliances is not impeded.
6.
In the preparation of lamps for For used glass, recovery shall be subject to a mercury content of not more than 5 milligrams per kilogram of waste glass.
7.
In the context of the treatment, picture tubes shall be given priority in
8.
Gas discharge lamps are adequately protected against breakage and can be transported.
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Annex IV Technical requirements according to § 11 para. 2 sentence 4

Fundstelle des Originaltextes: BGBl. I 2005, 774
1.
Locations for storage (including the intermediate storage) of electrical and electronic equipment WEEE prior to its treatment (without prejudice to the Deponation Regulation):
a)
appropriate areas with impermeable surface and collecting facilities and, where appropriate, separators for liquids that are expiring and grease cleaning agents;
b)
weatherproof Cover for appropriate areas
2.
Locations for the treatment of electrical and electronic equipment:
a)
Waagen to determine the weight of treated waste equipment;
b)
Suitable areas with impermeable surface and water-impermeable cover as well as collection facilities and optionally separators for expiring liquids and grease cleaning agent;
c)
suitable 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