take-e-way News on EPR & Product Compliance

11/04/2020

Federal Environment Agency imposes millions in a fine against US electric car producer

According to a report in the newspaper ‘Frankfurter Allgemeine Zeitung’, an American electric car producer in Germany is to pay a fine of over twelve million euros. Evidently the background to this is the German Batteries Act, which stipulates that producers of e-cars must take back the batteries they have sold or name a disposal partner. This regulation is alleged to have been violated by the car producer concerned. If you are not registered yet but manufacture batteries or import them into Germany for the first time, take-e-way will be pleased to assist you in registering your device, industrial or vehicle batteries.

11/04/2020

Majority of experts endorse Supply Chain Act

According to current information from the German Bundestag, most experts are in favour of supply chain legislation. This was revealed at a hearing of the Committee on Human Rights and Humanitarian Aid on the topic of “Human Rights and Business” under the leadership of Committee Chairwoman Gyde Jensen (FDP) on 28 October 2020: The experts from business circles, politics and society predominantly supported the German government's plan for such legislation intended to improve compliance with human rights and environmental standards in the global supply chains.

10/30/2020

Notice: Be sure to meet the new reporting and information obligations now

Article 2 of the Implementing Act of the Waste Framework Directive (German acronym: AbfRRL, printed matter 88/20) provides for an amendment to the Electrical and Electronic Equipment Act in Section 18. Accordingly, the status of compliance with the quantitative targets under Section 10 (3) and Section 22 (1) of the Electrical and Electronic Equipment Act must be published annually by manufacturers. The law came into force yesterday.

10/28/2020

The EAR foundation renders the recycling process transparent

What happens to that old hairdryer or the disused refrigerator after it ends up at the recycling yard or at the retail store? The new films produced by the EAR foundation, financed by the fees paid by manufacturers and distributors under the Electrical and Electronic Equipment Act, provide answers and show how key raw materials are obtained without toxic substances endangering the environment and health.

10/28/2020

IT system house faces distribution ban, profit skimming and fine for failure to comply with system participation obligation: Packaging register publishes report

In a case report released on 21 September 2020, the German Foundation Central Agency Packaging Register (ZSVR) describes the case involving an IT system house. Evidently a large group of affiliated IT trading companies with their own direct (IT system house) sales organisation has failed to meet its product responsibility for packaging and has been violating its obligations under packaging law for years now. The ZSVR has notified the competent state enforcement authority that there are concrete indications of regulatory offences having been committed. Possible consequence of such administrative offences include the imposition of fines, profit skimming, as well as monitoring the obligation to participate in the system retroactively for past periods. To the extent that registration and system participation per company is not yet fully in place, a distribution ban on packaging subject to system participation likewise applies by law.

10/20/2020

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.

10/20/2020

Green Deal: Commission adopts new chemicals strategy

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.

10/20/2020

Packaging Act: Depending on their contents, envelopes are packaging items that require system participation

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”.

10/14/2020

When will RFID blocker cards fall within the scope of the Electrical and Electronic Equipment Act?

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.

10/14/2020

Recurring errors in “is-input-report” are subject to fines

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.

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