ElektroG3 2022: News and changes at a glance

Implementation & solution: 
For further questions please contact your take-e-way consultant: beratung@take-e-way.de
Are you not a take-e-way customer yet? Obtain advice now: +49/40/750687-0

Foundations:
Section 4 (1) ElektroG

“(1) Producers are required, as far as possible, to design their EEE in such a manner as to take into account and facilitate, in particular, the reuse, dismantling and recovery of WEEE, its components and materials. Electrical and electronic equipment which can be operated wholly or partly by batteries or accumulators are required, as far as possible, to be designed in such a manner that waste batteries and accumulators can be removed by end-users easily and non-destructively. If waste batteries and accumulators cannot be easily removed by the end-user, the electrical and electronic equipment must designed in such a manner that the spent batteries and accumulators can be removed easily and non-destructively using standard tools by qualified personnel that is independent of the producer.”

Implementation & solution: 
take-e-way customers can, on request, obtain a sample template at beratung@take-e-way.de
Are you not a take-e-way customer yet? Obtain advice now: +49/40/750687-0

Foundations:
Section 18 (3) ElektroG

“Distributors who are obliged to take back waste equipment in accordance with the first sentence of Section 17 (1) are required, from the time they offer electrical or electronic equipment for sale, to inform private households by means of clearly visible and legible written or pictorial signs placed in the direct line of sight of the stream of customers of the following:

1. the end-users’ obligation under Section 10 (1),
2. the removal obligation of end-users for spent batteries and accumulators and for lamps pursuant to Section 10 (1) sentence 2,
3. the distributors’ obligation to take back waste equipment free of charge in accordance with Section 17 (1) and (2),
4. the options they have created for the return of waste equipment,
5. the end-users’ own responsibility with regard to the erasure of personal data on the waste equipment to be disposed of, and
6. the meaning of the symbol shown in Annex 3.

Distributors offering electrical or electronic equipment by means of distance communication are required to publish the information pursuant to sentence 1 in a clearly visible manner in the display media used by them from the time of offering electrical or electronic equipment to private households or to enclose such information in writing with the consignment of goods.”

Implementation & solution: 
Further information and a template for producer information available under Section 18 (4) can be found here.

Foundations:
Section 18 (4) ElektroG

“(4) Producers or, in the case of authorisation under Section 8, their authorised representatives, are required from the time of offering electrical or electronic equipment for sale, to inform private households of the following:

1. the end-users’ obligation under Section 10 (1),
2. the removal obligation of end-users for spent batteries and accumulators and for lamps pursuant to Section 10 (1) sentence 2,
3. the distributors’ obligation to take back waste equipment free of charge in accordance with Section 17 (1) and (2),
4. the options they have created for the return of waste equipment,
5. the end-users’ own responsibility with regard to the erasure of personal data on the waste equipment to be disposed of, and
6. the meaning of the symbol shown in Annex 3.

The information is required to accompany the electrical and electronic equipment in written form. Producers or, in the event of authorisation under Section 8, their authorised representatives, 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).”

Implementation & solution: 
take-e-back customers will be proactively contacted by take-e-way and will receive information about the current state of affairs.
Are you not a take-e-back customer yet? Please contact take-e-back@take-e-way.de or call the following number: +49/40/750687-146

Foundations:
Section 17 (1) ElektroG

“[…] The place of delivery within the meaning of the first sentence, item 1, must also be the private household if delivery is made there, in this case, collection of the waste equipment must be free of charge for the end-user. In the case of sentence 2, the distributor must, at the time of conclusion of the sales contract for the new electrical or electronic equipment,

1. inform the end-user of the option of
   1. free-of-charge return in accordance with sentence 1 no. 1 and
   2. the free-of-charge collection of the waste equipment in accordance with sentence 2 and
2. to ask the end-user about his or her intention to return an old device when the new device is delivered.

(2) paragraph 1 shall also apply in the case of distribution by means of distance communication. Paragraph 1 sentence 2 applies subject to the proviso that free-of-charge collection is limited to electrical and electronic equipment of categories 1, 2 and 4. In this case, all storage and dispatch areas for electrical and electronic equipment will be deemed to be sales areas as contemplated by paragraph 1, sentence 1, first alternative, and all storage and dispatch areas will be deemed to be total sales areas as contemplated by paragraph 1, sentence 1, second alternative. Take-back in the case of distribution by means of distance communication shall, in the case of paragraph 1, sentence 1, item 1 for electrical and electronic equipment falling under categories 3, 5 and 6 and item 2, be ensured by appropriate return facilities at a reasonable distance from the respective end-user.”

Implementation & solution: 
If you have any questions, please contact beratung@take-e-way.de
Are you not a take-e-way customer yet? Obtain advice now: +49/40/750687-0

Foundations:
ElektroG Annex 2 (re: Section 6 (1)) No. 10

“[…] In the case of distribution via means of distance communication to other member states of the European Union: list of member states and name of the relevant appointed authorised representative in those member states where the producer distributes electrical and electronic equipment by means of distance communication […]”

Implementation & solution: 
If you have any questions, please contact beratung@take-e-way.de
Are you not a take-e-way customer yet? Obtain advice now: +49/40/750687-0

Foundations:
ElektroG Annex 2 (re: Section 6 (1)) No. 3

“[…] contact person of the producer or the authorised representative must be designated in accordance with Section 8 (name, postal code and location, street and building number, country, telephone number, e-mail address) […]”

Implementation & solution: 
Obtain advice now: Phone +49/40/750687-0 or send an e-mail message to beratung@take-e-way.de

Foundations:
Section 9 (2) and Section 46 (4) ElektroG

Section 9 (2)
“The devices referred to in paragraph 1 must also be permanently marked with the symbol or icon shown in Annex 3. If, in exceptional cases, the size or function of the electrical or electronic equipment so requires, the symbol must be printed on the packaging, the instructions for use or the guarantee certificate for the electrical or electronic equipment instead of on the electrical or electronic equipment itself. Sentence 2 also applies to the marking with regard to the time of placing on the market in accordance with paragraph 1, provided the marking is made together with the symbol in accordance with sentence 1.”

Section 46 (4)
“In departure from Section 9 (2) sentence 1, marking with the symbol set out in Annex 3 is not required for electrical or electronic equipment which is or has been placed on the market by the end of 31 December 2022 and for which a guarantee under Section 7 (1) is not required.”

Implementation & solution: 
take-e-way customers with a B2B registration are actively contacted by take-e-way and receive an offer for a solution.
Here you can find further information on B2B take-back obligation, take-back concept and information obligation under Section 7a ElektroG3
Are you not a take-e-way customer yet? Please contact take-e-back@take-e-way.de or call the following number: +49/40/750687-146

Foundations:
Section 7a ElektroG
“(1) Every producer or, in the case of authorisation under Section 8, every authorised representative, is obliged to submit to the competent authority a take-back concept for the take-back and disposal of electrical or electronic equipment in respect of which the person in question can satisfy himself or herself that the equipment is used exclusively in households other than private households or that such equipment is not normally used in private households.
(2) The take-back concept must contain the following information, depending on each type of equipment:

1. a declaration that the producer or, in the case of an authorisation under Section 8, the authorised representative has set up return possibilities that meet the requirements Section 19 (1) sentence 1.
2. in the event that a third party is commissioned: name and address of such third party,
3. the possibility for end-users to access the return possibilities referred to in point 1.

(3) Changes to the take-back system must be reported to the competent authority without delay by the producer or, in the case of authorisation under Section 8, by the authorised representative.”

Section 19
“(1) Every producer or, in the case of authorisation under Section 8, every authorised representative shall be obliged to provide a reasonable possibility for the return of electrical or electronic equipment from users other than private households as from the dates referred to in Section 3 item 4 [...].”

Section 19a
“Every producer or, in the case of authorisation under Section 8, every authorised representative must inform the end-users of electrical or electronic equipment from users other than private households of the obligations under Section 10 (1). The person in question must also inform end-users of

1. the possibilities it has created for the return and disposal of waste equipment,
2. the end-users’ own responsibility with regard to the erasure of personal data on the waste equipment to be disposed of, and
3. the meaning of the symbol shown in Annex 3.”

Implementation & solution: 
The collection point logo is available for download at: https://e-schrott-entsorgen.org/download.html
Obtain advice now: Phone +49/40/750687-0 or send an e-mail message to beratung@take-e-way.de

Foundations:
Section 12 (2) ElektroG
“(2) The entitled persons pursuant to section 1 are to make their collection and return points identifiable to the end-users by means of the uniform marking designed by the Joint Body under Section 31 (1) sentence 5.”

Implementation & solution: 
Solutions for the food retail sector are available via take-e-back.
Are you not a take-e-back customer yet? Please contact take-e-back@take-e-way.de or call the following number: +49/40/750687-146

Foundations:
Section 17 (1) ElektroG
[…] as well as distributors of groceries with a total sales floor space of at least 800 square metres who offer and make available on the market electrical and electronic equipment several times in a given calendar year or on a permanent basis are obliged

1. when supplying new electrical or electronic equipment to an end-user, to take back free of charge, at the place of delivery or in the immediate vicinity thereof, an old piece of electrical or electronic equipment of the end-user of the same type which fulfils substantially the same functions as the new electrical or electronic equipment; and
2. to take back free of charge, at the request of the end-user, waste electrical and electronic equipment which does not exceed 25 centimetres in any external dimension, in the retail outlet or in the immediate vicinity thereof; the take-back may not be linked to the purchase of an electrical or electronic appliance and is limited to three waste appliances per type of appliance.