take-e-way News and Press Releases

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 14 October 2020, the European Commission adopted the EU Chemicals Strategy for Sustainability. The strategy is the first step towards the zero-emissions target for a pollution-free environment announced as part of the European Green Deal. The strategy will foster and promote innovative solutions for safe and sustainable chemicals and increase the level of protection of humans and the environment from hazardous chemicals. This includes a ban on the most harmful chemicals in consumer products such as toys, childcare articles, cosmetics, detergents, food contact materials and textiles, unless they can be shown to be essential for the general good or public welfare.

The German Central Agency Packaging Register (ZSVR) classifies envelopes as subject to system participation. Evidently the decisive factor is their contents. If only notices and information such as invoices were sent, these would not be packaging items requiring mandatory system participation. If, however, in addition to an invoice, advertising flyers, brochures, leaflets and other printed advertising materials are sent, then the envelope is considered to be packaging filled with merchandise and is therefore subject to mandatory system participation. This applies irrespective of the envelope selected and concerns padded and classic envelopes featuring a window if they contain “merchandise”.

Whether the blocker cards are electrical devices as contemplated by the Electrical and Electronic Equipment Act (ElektroG) depends on their internal structure. Blocker cards with chips or aerials are electrical devices and fall under category 6. In contrast, RFID blocker cards that contain neither a chip nor an aerial, but only a metal foil to shield an electromagnetic field, do not fall under the ElektroG.

The EAR foundation (German WEEE registration board) advises to proceed carefully when submitting the notification of the quantity of electrical and electronic devices placed on the market. An incorrectly submitted “is-input-report” (actual input notification) may be punished by the German Federal Environment Agency in the form of a fine for an administrative offence.

At both national and European level, legislators are increasingly seeking not only to intensify market surveillance, but also to make economic operators responsible for their products and production channels (supply chains). In order to prepare you in good time for the Market Surveillance Ordinance and the “Supply Chain Act” (Due Diligence Act), we advise you to take part in our free webinar (in German language) “From Production to the Online Shop – Risk-oriented Supply Chain Compliance in the Non-Food Retail Sector”.

Producers of industrial, vehicle and device batteries should have themselves registered with the EAR foundation as of 1 January 2021. Those battery manufacturers who are already correctly registered with the German Federal Environment Agency have a one-year transitional period to register with the EAR foundation; this period expires on 31 December 2021. Accordingly, please ascertain whether your data submitted to the Federal Environment Agency is still correct. New manufacturers who require registration as of 1 January 2021 are also advised to register in advance with the Federal Environment Agency without fail.

E-scooters mostly fall under the German Electrical and Electronic Equipment Act (ElektroG). The decisive factor is that the e-scooter has no seat or is a two-wheeler. Scooters with a seat or a different number of wheels do not fall under the ElektroG. Further information in this regard is available on the EAR website.

On 17th of September, the Dutch Ministry of Infrastructure and Water Management published a draft decision as a preliminary response to an application for a new WEEE agreement from the producers’ association OPEN Foundation. We would like to raise your attention to this draft, since, if the decision comes into force on 01/01/2021, there will be changes affecting manufacturers and importers registered in the Netherlands.

The proposed amendments are aimed at improving the take-back of old equipment and to extend the take-back obligation for distributors of the equipment on the German market. The draft also includes distributors of groceries with a total sales floor space of at least 800 square metres (e.g. supermarkets). Online retailers are also to be more closely involved in taking back old equipment.