ElektroG 14 Clearing House Responsibilities

ElektroG 14 Clearing House Responsibilities

(1) The Clearing House assists the Competent Authority in preparing its decisions under Section 9 (5) sentence 4 and Section 16 (2), (3) and (5). It must provide the Competent Authority with information on the data reported by producers under Sections 13 (1) and (4) and on the calculations according to (5) and (6).

(2) The Clearing House collates reports submitted to the Competent Authority under Section 16 (4) and publishes the register of producers together with their equipment types and registration numbers on the Internet.

(3) The Clearing House receives reports from public waste management authorities under Section 9 (4) sentence 2.

(4) The Clearing House may assign equipment to specific types of equipment. It may prescribe uniform reporting formats under Paragraphs 2 and 3 and Section 13 (1) and (4).

(5) The Clearing House calculates the quantities of WEEE for each registered producer to collect from public waste management authorities and reports the figures to the Competent Authority. For equipment placed on the market before 13 August 2005, producers' obligations are based on the share of the total quantity of electrical and electronic equipment per type of equipment that the producer places on the market in the respective calendar year. For equipment placed on the market after 13 August 2005, producers may opt for their obligation to be based on either:

1. Their verified share of clearly identifiable WEEE, arrived at through sorting or application of scientifically recognised statistical methods, in the total quantity of WEEE according to equipment type.

2. Their share of the total quantity of electrical and electronic equipment per type of equipment placed on the market in the previous calendar year.

The calculation is based on producer reports submitted under Section 13 (1) No. 1 and (3) sentences 1 to 4. If a producer fails to fulfil its reporting obligations, the Clearing House may estimate the quantity of electrical and electronic equipment placed on the market by that producer. The quantity of specific equipment types of WEEE for which a guarantee under Section 6 (3) is required that is collected by a single producer is credited against the
producer's share under sentence 2 or 3. Sentence 2 applies as appropriate to non-sortable or non-identifiable WEEE.

(6) The Clearing House calculates an even temporal and spatial distribution of WEEE collection quotas among all registered producers on the basis of a scientifically recognised formula verified by an independent expert. The formula must be published on the Internet. The Clearing House reports the collection quota to the Competent Authority. Sentences 1 and 2 also apply to calculation of the obligation to provide containers under Section 9 (5)
sentence 1. Sentence 3 applies accordingly.

(7) The Clearing House produces an annual list of all registered producers and forwards it to the Federal Environmental Agency (UBA). It also reports figures for the previous calendar year to the UBA on 1 July each year concerning the following:

1. The quantities per category of electrical and electronic equipment placed on the market by all producers.

2. The quantities per category of WEEE from all producers collected and held by public waste management authorities under Section 9 (8).

3. The quantities per category of WEEE from all producers that is reused.

4. The quantities per category of WEEE from all producers that is recycled.

5. The quantities per category of WEEE from all producers that is recovered in another form under Section 3 (7).

6. The quantities of WEEE from all producers that is collected and exported.

Quantities are to be stated by weight. Where this is not possible they are to be stated by numbers. If numbers cannot be reported, a well-founded estimate shall suffice.

(8) The Clearing House shall also submit an annual report by 1 July to the Federal Environmental Agency (UBA) on the quantities reported by producers under Section 13 (4).

(9) The Clearing House shall neither enter into nor broker agreements with waste management companies.

(10) The Clearing House may request that the Competent Authority reimburse the costs incurred in providing the services required under Section 14 (3), (5) and (6). Where a designated agency has been appointed, claims under this paragraph are made against the designated agency.