Waste Framework Directive: Bundesrat approves amendments to the ElektroG, VerpackG and product responsibility of dealers regarding returns

On 9 October 2020, Germany’s upper house (Bundesrat) approved the implementation of the new EU Waste Framework Directive into German law. The objective is to further develop the Circular Economy Act (Kreislaufwirtschaftsgesetz) ecologically in order to improve resource management and resource efficiency in Germany and, in particular, to reinforce and intensify waste avoidance. In this connection, the Bundesrat approved amendments to the Electrical and Electronic Equipment Act (ElektroG), the Packaging Act (VerpackG) as well as product responsibility of dealers regarding returns.

On 15 October 2020, the deadline for comments on the draft bill of the ElektroG3 expired (further information on the comments of our VERE Association will follow shortly). A few days earlier, on 9 October 2020, the Bundesrat approved the implementation of the new EU Waste Framework Directive into German law and simultaneously approved amendments to the Electrical and Electronic Equipment Act (ElektroG), the Packaging Act (VerpackG) as well as product responsibility of dealers for returns adopted by the Bundestag on 17 September. The objective is to further develop the Circular Economy Act (Kreislaufwirtschaftsgesetz) ecologically in order to improve resource management and resource efficiency in Germany and, in particular, to reinforce and intensify waste avoidance.

The Electrical and Electronic Equipment Act is amended as follows (examples):

  • Section 18 (information obligations towards private households) is amended by adding the following sentence to paragraph 2: “Hersteller haben jährlich Informationen in Bezug auf die Erfüllung der quantitativen Zielvorgaben nach § 10 Absatz 3 und § 22 Absatz 1 zu veröffentlichen.“ English: “Manufacturers are required to publish information each year relating to the fulfilment of the quantitative targets set out in Section 10 (3) and Section 22 (1).” Accordingly, manufacturers of electrical equipment will in future be required to provide annual information on the achievement of the legally required collection rate of 65 percent for waste equipment.
     
  • The following paragraph 3 is added to Section 19 (take-back by manufacturer): “(3) Der entsorgungspflichtige Hersteller nach Absatz 1 ist verpflichtet, die finanziellen und organisatorischen Mittel vorzuhalten, um seinen Pflichten nach Absatz 1 und 2 nachkommen zu können.“ English: “(3) The manufacturer obliged to dispose of waste pursuant to paragraph 1 shall be obliged to maintain the financial and organisational means to fulfil its obligations under paragraphs 1 and 2.” Manufacturers of B2B electrical equipment must therefore organise and finance the reasonable return option and the disposal of waste equipment themselves.

Amended Packaging Act: The recycling quotas in the Packaging Act will be increased in two stages up to 2025 and 2030.

Product responsibility of dealers for returns: In order to address the problem of resource destruction – particularly regarding returns – dealers and manufacturers must in future document the exact handling of their merchandise.

After being signed by Germany’s Federal President, the Act can be promulgated in the Federal Law Gazette. It will take effect on the day after that date.

If you have any questions on the Electrical and Electronic Equipment Act, please do not hesitate to contact the take-e-way GmbH consultants by calling +49/40/750687-0 or by sending an e-mail to beratung@take-e-way.de.

Services & Contact
×