Germany – draft legislation to implement EU WEEE and RoHS Directives

Germany has made further progress towards transposing the Waste Electrical and Electronic Equipment Directive (WEEE) and the Restriction on Hazardous Substances Directive (RoHS) with the publication of a draft law on 13 July. The new regime will be based on existing collection infrastructure, giving producers partial responsibility for collecting and treating waste electrical and electronic equipment.



Colleagues from the Environment Team of the UK Embassy in Berlin report that the main concept of the Federal Environment Ministry‘‘s draft is identical to a consultation paper published earlier this year. From 13 August 2005, Local Authorities would be responsible for collecting, sorting and storing waste electrical and electronic equipment. Many Local Authorities are likely to utilise existing collection points. Producers would be required to collect all WEEE (including equipment placed on the market before August 2005) from the local authority collection points. They would then be responsible for treatment, recycling and disposal.



The draft law will be subject to further consultation until 6 August. Following a stakeholders meeting in August, views will be sought from other ministries. The law requires the approval of both houses of parliament. Despite missing the implementation deadline of August 2004, the Environment Ministry points out that it will be the first Member State to transpose the two directives. The Ministry estimates that the law should be finalised by the end of the year allowing the take-back requirements to take effect from 13 August 2005, as required by the WEEE Directive.



Comment



The German Electrical and Electronic Manufacturers Association (ZVEI) has been actively engaging with the German Ministries on the shape of the new legislation. In a press release of 15 July, the Association welcomes the proposed joint responsibility for the collection and treatment of WEEE.



The ZVEI will establish a foundation to oversee data collection, certification, monitoring and the registration of companies obligated under the directive. The foundation will also promote cooperation between consumers, local authorities and producers. The ZVEI estimates that the take-back infrastructure will cost industry between EUR350-500 per year