WEEE Germany - Only for Bright Stars? The new Electrical and Electronic Equipment Act (ElektroG): Again a Change for Lamps!

take-e-way informs producers of lamps resp. luminaires about the changes which will result for you in the field of lamps due to the coming into force of the new ElektroG

Dear take-e-way customers and VERE members,
 
In case you are selling lamps resp. luminaires, we herewith inform you about the changes which will result for you in the field of lamps due to the coming into force of the new Electrical and Electronic equipment Act (ElektroG) (presumably in October 2015). With this letter, we would like to first explain the new rules and then will provide you with our recommendation of action in the 2nd paragraph. If you are already well versed and have little time, you can also directly jump to the 2nd paragraph.

1st Paragraph: New Rules
 
First of all a good message: As recently reported, our large association of manufacturers managed to avoid that the environmentally-friendly LEDs will again be collected with the mercurial gas discharge lamps in the vote on a new regulation. Consequently, it was possible to avoid a regulation which is meaningless from the point of view of the environment and which moreover would represent a high and also inequitable financial burden for all LED distributors and manufacturers.

As a reminder - Currently, the following types of equipment in the field of lamps apply:

Device type 5 a (B2C/Dual use): Gas discharge lamps, which may be used in private households
Device type 5 b (B2C/Dual use): Other lighting fixtures or devices for the spreading or control of light which may be used in private households, except for luminaires in households
Device type 5 c (B2B): Lamps (except for incandescent lamps/halogen lamps), gas discharge and LED lamps as well as lamps and other lighting equipment or devices for the spreading or control of light which are used in other places than private households.

New with coming into force of the Electrical and Electronic Equipment Act 2 (ElektroG2) (presumably in October 2015)

Device type 5.1.1 (B2C/Dual use): Gas discharge lamps, which may be used in private households
Device type 5.1.2 (B2C/Dual use): Lamps, except for gas discharge lamps, which may be used in private households
Device type 5.2 (B2C/Dual use): Luminaires and other lighting equipment or devices for the spreading or control of light which may be used in private households
Device type 5.3 (B2B): Lamps, luminaires and other lighting equipment or devices for the spreading or control of light which are used in private households

Now, luminaires are also subject to registration
Electrical luminaires, in which the illuminant can also be exchanged, were not subject to registration until now.
 
Luminaires from private households also fall under the scope of application when the new Electrical and Electronic Equipment Act comes into force and need to be registered in the type of equipment 5.2.
 
Luminaires include e.g. wall lights, ceiling lights, table lamps, floor lamps, etc.

Definition lamp / luminaire:

A "lamp" is equal to "illuminant", i.e. the "light source" (in the current language often also called "light bulb"). Unfortunately the legal definition deviates from the current language. I.e. a pocket torch is a luminaire, by definition.
 
Firstly, anything which is built around the illuminant is regarded as “luminaire” (e.g. fixture, housing, lamp shade, lamp socket, lamp stand, etc.).
 
A combined device, i.e. a luminaire with a firmly assembled (not exchangeable) lamp, will also be classified as luminaire.
Please note these are not the legal definitions. You will find it in the Electrical and Electronic Equipment Act (ElektroG) §3 No 14 and 15


2nd Paragraph: Recommendation of action of take-e-way


Case A

A.1
Dealers, distributors and producers, who are already selling luminaires with exclusively firmly fixed LED lamps (e.g. LED pocket torches, LED light balls, chains of light, etc.), remain in the current type of device (formerly 5b, new 5.2). You do not need to do anything with regards to your registration.

A.2
However, please note that the luminaires which are newly included in the Electrical and Electronic Equipment Act (ElektroG) in this type of equipment which has not been subject to registration up to now. In the future you additionally need to include the total weight of the luminaires placed on the market (i.e. including the firmly attached illuminant and without illuminant) into your monthly quantity reporting.

A.3
Please check, if it is applicable to register other brands.


Case B

B.1
Dealers, distributors and producers, who are already selling exclusively gas discharge lamps with standard sockets (i.e. exchangeable), remain in the current type of equipment (formerly 5a, new 5.1.1). You do not need to do anything regarding your registration.

B.2
However, please note that the luminaires which are newly included in the Electrical and Electronic Equipment Act (ElektroG) have not been subject to registration until now. If you place such luminaires on the market, you need an additional registration for the device type 5.2
For this additional registration, a transitional period of 3 months is applicable. I.e. from the fourth month after the coming into force of the new Electrical and Electronic Equipment Act (ElektroG) you have to produce a registration. However, it is also possible to obtain a former registration before the expiry of the transitional period.


Case C

C.1
Dealers, distributers and producers, who are selling  LED illuminants with standard socket (i.e. exchangeable), need to register for the new device type 5.1.2 "Lamps, except for gas discharge lamps, which can be used in private households".
 
Benefit from a transitional period of 2 years!

The already registered producers in the currently still relevant type of equipment 5b have the option to benefit from a transitional period of 2 years and to register for the new type of equipment 5.1.2 upon expiry of this period.
 
This has the advantage that your LED illuminants would currently be collected and disposed of cost-efficiently together with the small household devices and this condition would be maintained for another 2 years. During this period of time, the cost will be maintained at low levels.

However, the condition for the utilisation of this transitional period is to indicate the need for change with the Foundation EAR within 3 months after the coming into force of the Electrical and Electronic Equipment Act 2 (ElektroG2).
 
take-e-way will assume the indication of your need for change for you.
 
If you need to register the new type of equipment 5.1.2 in the future, please send us the attached form. We will take care of all necessary steps for you.

C.2
However, please note that the luminaires which are newly included in the Electrical and Electronic Equipment Act (ElektroG) which has not been subject to registration until now (device type 5b, new 5.2). In the future you additionally need to include the total weight of the luminaires placed on the market (i.e. including the firmly attached illuminant and without illuminant) into your monthly quantity reporting.

C.3
Please check, if it is applicable to register other brands.


You will certainly have a few questions

If you are concerned by the changes or if you are not sure about your assessment, please do not hesitate to contact our Mrs. Patricia Piotrak.
 
If you fall under the counterfactual situation C1, please return the attached form duly filled in and signed, so we would be able to work on your behalf towards the EAR.
 
Mrs. Elisabeth Westermann will be glad to assist you in filling in the form; they will be answering all your questions regarding the topic lamps; they can be contacted on +49 / 40 / 21 90 10 – 65 or via email service@take-e-way.com


With kind regards,

Your team of take-e-way and the VERE Association