Germany implements the WEEE Directive

The German government has opted for a clearing house system to organise the producer responsibility requirements of the European directive. But, it has admitted it is unlikely to be ready to begin full producer responsibility by the Directive's deadline of August 13, 2005.

The Waste Electrical and Electronic Equipment (WEEE) Directive makes producers responsible for collecting and recycling waste electronics they place on the market. As well as collection targets for household WEEE, there is a 100% collection requirement for commercial WEEE and recycling targets to hit.

”Local authorities are required to set up collection points close to last owners. Collections from sites are then arranged by the clearing house.“
The Directive's sister Directive on the Restriction of Hazardous Substances (ROHS) bans the use of certain harmful materials in the manufacture of new electronic equipment.

The two Directives were supposed to be implemented in the original 15 European Union Member States on August 13 2004. Producer-funded take back and treatment was then scheduled to start on August 13 2005. But so far, Germany is the first major EU state to bring the Directive into domestic law.

The German government said its WEEE regulations will come into force on March 1 2005, with producers given until November 2005 to register with the Federal Environment Agency (FEA). Producer-funded take back and treatment begins on March 1, 2006, while the requirements of the ROHS regulations come into effect in July 2006.

Clearing house

The German WEEE regulations rely heavily on a clearing house system similar to that proposed for the UK. But, the German system is seen as less flexible than the UK proposal, with the clearing house allocating collection sites based on market share.

Householders are required to separate their WEEE from domestic waste, while local authorities are required to set up collection points close to last owners. Collections from sites are then arranged by the clearing house. Treatment must be at certified facilities.

Experts believe that German retailers appear to have been “let off” any “real” obligation. Retailers have the option to accept WEEE in their stores in Germany, but are not obligated to do so. Other than this opt-in system they have no financial or supporting obligation.

Registering

All WEEE manufacturers and importers have to be registered before they are able to enter equipment onto the German market, and the FEA has the power to ban the sale of electrical equipment from non-registered producers. If a retailer knowingly sells equipment from a non-registered producer it is in turn considered to be a producer itself.

The regulations also state that where “technically and financially feasible” re-use must be prioritised.

Industry experts are now suggesting that the German implementation could affect the timetabling of the UK WEEE regulations, but that the concept of a clearing house in this country is still looking increasingly unlikely.