ElektroG 9 Separate Collection

ElektroG 9 Separate Collection

(1) Owners of WEEE are required to place it in a collection separate from that for unsorted domestic waste.

(2) Legal entities (public waste management authorities) obligated under Länder (state) law to dispose of WEEE must notify private households of their obligation under (1) above. They must also inform private households about:

1. Options in their district for the return or collection of WEEE.

2. Their role in the reuse, recycling and other forms of recovery of WEEE.

3. The possible impacts on the environment and human health from the disposal of harmful substances contained in electrical and electronic equipment.

4. The meaning of the symbol shown in Annex II.

(3) In compliance with their obligations under Section 15 of the Closed Substance Cycle and Waste Management Act, public waste management authorities shall set up collection points in their districts to which final holders and distributors may return WEEE from private households in the vicinity (bring-back system). Public waste management authorities may restrict return and acceptance of WEEE at specific collection points to specific groups under Paragraph 4 if this is necessary in individual instances due to space limitations and taking account of the collection of other recyclables, provided that collection of all WEEE groups under Paragraph 4 in the collection area served by the public waste authorities is assured. No charges may be levied for returns to the collection points. Public waste management authorities may also set up a collection system to collect WEEE directly from private households (collection system). When deciding the number of collection points or their combination with a collection system, consideration must be given to population density, local conditions and the waste management objectives contained in Section 1. Public waste management authorities may refuse to accept WEEE if it is contaminated in such a way as to pose a safety risk or a hazard to human health. Collection points and times for delivery of more than 20 pieces of equipment in Categories 1 to 3 as cited in Paragraph 4 must be coordinated with public waste management authorities. The return obligations for private households under Section 13 (1) sentence 1 of the Closed Substance Cycle and Waste Management Act and the obligations for public waste management authorities regarding waste from private households under Section 15 (1) to (3) of the Closed Substance Cycle and Waste Management Act shall remain unaffected by sentences 6 and 7.

(4) Public waste management authorities shall hold the waste equipment ready for collection by producers at no charge in groups of separate containers as follows:

1. Large household appliances, automatic dispensers

2. Refrigerators and freezers

3. IT and telecommunications equipment, consumer equipment

4. Gas discharge lamps

5. Small household appliances, lighting equipment, electric and electronic tools, toys, sports and leisure equipment, medical products, monitoring and control instruments.

When a collection volume of at least 30 m³ has been reached for groups 1, 2, 3 and 5 and at least 3 m³ for group 4, public waste management authorities shall report to the Clearing House (Section 14) that containers are full and ready for collection.

(5) Producers are responsible for providing the containers required under Paragraph 4 at no charge. The containers must be covered and, with the exception of containers for group 4 equipment, be suitable for use with generic collection vehicles. Containers for group 3 equipment must provide for separate, damage-free collection of monitors and televisions. In individual cases as necessary, the Competent Authority shall, based on the calculations provided by the Clearing House under Section 14 (6) sentence 4 and verified by the Competent Authority, issue instructions to ensure that the public waste management authorities are equipped with the necessary number of containers. For this purpose, public waste management authorities shall provide the Clearing House with a list of all collection points set up for their respective areas.

(6) Public waste management authorities may, by providing three months' notice to the Clearing House, choose not to make all WEEE in a specific group under Paragraph 4 available for collection for a period of at least one year. In exercising this option, public waste management authorities shall reuse the WEEE or its components or treat it in compliance with Section 11 or dispose of it in compliance with Section 12. Section 13 (1) Nos. 3 to 7, (3) sentence 6 and (4) apply accordingly.

(7) Distributors may voluntarily accept returned WEEE. Paragraphs 2 and 3 sentence 3 apply accordingly. If distributors fail to return voluntarily accepted WEEE or WEEE components to producers or to public waste management authorities, they shall reuse the WEEE or treat it in compliance with Section 11 or dispose of it in compliance with Section 12. Section 13 (1) Nos. 3 to 7, (3) sentence 6 and (4) apply to such equipment. Distributors may not charge private households for activities performed under sentence 3.

(8) Producers may choose to set up and operate individual or collective take-back systems for WEEE from private households provided they fulfil the objectives set out in Section 1. They shall reuse the WEEE or its components or treat it in compliance with Section 11 and dispose of it in compliance with Section 12.

(9) Collection and acceptance of WEEE by public waste management authorities, distributors and producers must be conducted in such a way that it does not prevent its later reuse, disassembly and recovery, including recycling.

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Christoph Pieper

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