Scope of Directive

1. What is electrical and electronic equipment (EEE) and which products are covered by the German law, ElektroG?

Electrical and electronic equipment is defined as:

• Equipment which is dependent on electric currents or electromagnetic fields in order to work properly.

• Equipment for the generation, transfer and measurement of such currents and fields which is designed for use with a voltage rating not exceeding 1000 volts for alternating voltage and 1500 volts for direct voltage.

According to the European and the German legislation, any product that is part of another type of equipment is not to be considered a finished product.

10 categories of products are covered by the ElektroG:

• 1. Large household appliances (for example, washing machines, microwaves, air conditioners)
• 2. Small household appliances (for example, vacuum cleaners, toasters, coffee machines)
• 3. IT and Telecoms equipment (for example, PCs, printers, cellular phones)
• 4. Consumer equipment (for example, radios, TV, VCRs, DVD players)
• 5. Lighting equipment
• 6. Electrical and electronic tools (for example, saws, drills, sewing machines)
• 7. Toys, leisure and sports equipment (for example, electric trains, video games)
• 8. Medical equipment (for example, cardiology equipment, dialysis machines)*
• 9. Monitoring and control instruments (for example, smoke detectors, heating regulators)*
• 10. Automatic dispensers (for example, vending machines).

*These items are not currently covered by the RoHS Directive, but are scheduled to be considered by the European Comission for inclusion in the directive. They are part of a feasibility study to be completed at the end of July 2006 after which the Comission will make the decision whether to include them or not.

2. What are the deadlines in Germany for registering and being RoHS compliant?

In Germany, registration with the EAR started in June 2005. Registrations must be completed by the November 23, 2005. From November 24, 2005 onwards, companies not registered will be prohibited from selling their products in Germany. New companies or new products can continue to be registered prior to market entry.

After July 1st, 2006 new electrical and electronic equipment may only be “put on the market” if it contacts less than 0.1% weight of lead, mercury, hexavalent chromium, poly-brominated biphenyls (PBBs) or polybrominated diphenyl ethers (PBDEs) and not more than 0.01 per cent weight of cadmium per homogeneous substance. Non-compliant merchandise may only be sold after the deadline if it was already “put on the market” prior to this date. All products after this date must be RoHS compliant. Proof of transfer of ownership dates may be necessary to prove that a particular shipment of merchandise was received prior to the deadline. Therefore, it is highly advisable to take extra care in retaining invoices, delivery receipts and other documentation should any issue arrive.

3. When will the take back and treatment responsibilities start?

Beginning March 24, 2006, companies must begin to take back and treat WEEE, as well as begin labeling their product and advising the EAR of the estimated amount of product they will put onto the market.

4. Who is responsible for labeling the products and which products must be labeled?

Producers as defined in the German ElektroG are responsible for labeling the products. The products put on the market after August 13, 2005 must be labeled. There are three aspects of registration:

• The producer' s identification
• The date of the product's market entry
• The crossed-out wheelie waste bin (this is not compulsory for B2B labeling.

If the product is not big enough to be labeled, then the package of the product must carry the required labels.

B2B Products

1. What are the responsibilities of the producers of B2B products?

End users are responsible for treatment of the waste from B2B products brought to market before August 13, 2005 (historic B2B waste). However, producers and end users may agree in such a way that producers take back and treat the waste and the end users finance these operations.
For products brought to the market after March 23, 2006, producers are responsible for the collection and recycling of their waste. Producers are free to conclude agreements with the end user regarding financial responsibility for the take back and treatment of waste. Waste from B2B products placed on the market after March 23rd B2B products must be labelled. However, only the name of the producer and the product's market entry date are required for B2B products. The Wheelie Waste bin logo is not compulsory for exclusively B2B products, only the name of the producer and the product's market entry date are required.
According to German legislation, products sold to a firm for purely business purposes but may later be passed to a private household, are not considered as B2B products. A product must be used exclusively for business purposes to be B2B. For example, the guidelines for determining whether printing and copying devices are B2B products are as follows:

• If product weighs over 35 kg. it is B2B.

• If under 35kg but able to print a minimum size of A3 it is also B2B

• If under 35kg and leased but not sold it is also B2B.

• Producers must make sure that their B2B products do not end up in municipal waste collection points. If a B2B product goes into a municipal collection point, then it is considered as B2C by the EAR.

2. What requirements need to be met in order to classify products as B2B?

In order for a product to be classified as B2B, it must be used exclusively for business purposes. Products which are sold to a firm for purely business purposes but which may later be passed to a private household, are not considered as B2B products. Products must obtain approval from the German registration authority EAR to label its products as B2B. A financial guarantee is not required for B2B products

3. When is the deadline for B2B quantity reporting?

Producers must report their annual quantity of B2B equipment ‘put on the market’ to the EAR Foundation ‘Electronik Altgeräte Register’, the responsible German authority for WEEEs and RoH