ElektroG 6 Clearing House, Registration and Financing Guarantee

ElektroG 6 Clearing House, Registration and Financing Guarantee

(1) Producers shall set up a Clearing House (Section 14) within three months of the date this Act enters into force. If producers fail to fulfil this obligation or if the Clearing House fails to perform its duties as set out in Section 14 (3), (5) sentence 1 or (6) sentence 1 and 3, each producer shall reimburse public waste management authorities the costs incurred in collecting, sorting and disposing of his WEEE. The Competent Authority as designated by the law of the respective Länder (states) shall rule on the costs in an administrative decision.

(2) Each producer shall register with the Competent Authority (Section 16) according to sentence 2 and 3 before placing electrical and electronic equipment on the market. Registration applications must contain the brand name, the company's name, domicile or branch location, address and the name of the authorised representative. Registration applications must be accompanied by a guarantee as required in (3) sentence 1 below or plausible documentation as required in (3) sentence 2 below. Producers shall state their registration number in all business transactions. Producers who fail to register or whose registration is withdrawn are prohibited from placing electrical and electronic equipment on the market.

(3) Each producer shall provide to the Competent Authority an annual guarantee for the event of insolvency to guarantee financing of the return and disposal of the electrical and electronic equipment which is placed on the market after 13 August 2005 and which is suited to use in private households. This does not apply to electrical and electronic equipment for which the producer plausibly documents that it is used solely in establishments other than private households or that such equipment is not usually used in private households. The guarantee may be provided in the form of an insurance policy, a frozen bank account or the producer's participation in an appropriate system to fund WEEE disposal, for example a system based on the calculations contained in Section 14 (5) sentence 3 No. 2.

(4) The disposal costs for Category 1 WEEE from private households may be indicated to the customer at the time of purchase up to 13 February 2013, and up to 13 February 2011 for all other categories of WEEE that come from private households and which were placed on the market before 13 August 2005. The costs indicated must not exceed the actual costs incurred. Indication of disposal costs for electrical and electronic equipment placed on the market after 13 August 2005 is prohibited.