ElektroG 11 Treatment

ElektroG 11 Treatment

(1) Where technically and financially feasible, a check must be made prior to treatment as to whether the waste equipment or individual components thereof can be sent for reuse.

(2) Treatment shall use the state of the art within the meaning of Section 3 (12) of the Closed Substance Cycle and Waste Management Act. At a minimum, all liquids shall be removed and the requirements for selective treatment in Annex III complied with. Other treatment technologies that ensure the same level of protection to human health and the environment may be used once approved under Annex II of Directive 2002/96/EC of 27 January 2003 (Official Journal L 37 p. 34) in accordance with the procedure applied under Article 14 (2) of the Directive. Treatment must at minimum comply with the technical
requirements laid down in Annex IV.

(3) Operators of facilities in which primary treatment takes place must ensure that annual certification is performed by an expert. Certification may only be issued if a facility is
technically suitable and all the primary data, up to the recoverer, needed to calculate and substantiate recovery rates are documented in a verifiable manner. Certification is valid for a period of no longer than 18 months. The expert shall set a deadline not exceeding 3 months for the operator within which the requirements for this certification must be satisfied.
When verifying compliance, certification results must be taken into account which are performed:

1. by an independent environmental auditor or an environmental audit organisation in accordance with Article 4 (3) of Council Regulation (EEC) 1836/93 of 29 June 1993 allowing voluntary participation by companies in the industrial sector in a Community ecomanagement and audit scheme (Official Journal L 168 p. 1) or Article 3 (2)d and (3)a of Regulation (EC) 761/2001 of the European Parliament and of the Council allowing voluntary
participation by organisations in a Community eco-management and audit scheme (EMAS) (Official Journal L 114 p. 1).

2. by a DIN EN 45012 accredited agency as part of Quality Management Certification under DIN EN ISO 9001 or 9004.

3. by experts as part of systems certification under Section 19i (2) sentence 3 of the Federal Water Act (WHG) and the respective Länder-specific ordinances.

Operators of facilities in which primary treatment takes place are required to provide producers with the data they need on volume flows in order to comply with their obligations as laid down in Section 13.

(4) Treatment facilities within the meaning of this Act are deemed certified if the facility is a specialised waste management company and its compliance with the provisions of this Act has been verified and documented in monitoring certification.

(5) Certification as required under (3) above may only be performed by

1. Auditors as appointed under Section 36 of the German Trade Regulation Act (Gewerbeordnung, or GWO).

2. Environmental auditors or environmental audit organisations accredited under Section 9 and 10 of the German Environmental Audit Act (Umweltauditgesetz, or UAG) for services listed in Section D, Subsection DN No. 37 of the Annex to Council Regulation (EEC) No. 3037/90 of 9 October 1990 on the statistical classification of economic activities in the
European Community (Official Journal L 293, p.1) as amended by Regulation (EEC) No. 761/93 of 24 March 1993 (Official Journal L 83, p.1).