Document Outlining New List of Exemptions

Are there any joint or individual schemes, which companies can participate in?

With the aim of utilizing economies of scale, some big firms have created partnerships and subcontracted their take back and treatment obligations to a single recycling firm. One such partnership is between HP, Braun, Electrolux and Sony. These firms have created a partnership known as the European Recycling Platform. Other companies may be able to join this partnership.

http://www.erp-recycling.org

A similar project was created by Philips, Sharp and Löwe. Companies are responsible for finding their own recycling subcontractor (unless they have an own recycling facility), and this is a prerequisite for registration with the EAR. Information on recycling firms can be obtained from the Association for Secondary Raw Materials and Waste Disposal: http://www.bvse.de

Elektro-Geraete Recycling GmbH also focuses on WEEE recycling: http://www.egr-online.de

How does the take back system work in Germany? Who is responsible for what?

Consumers deposit their WEEE free of charge at their municipal collection point. The municipalities are responsible for sorting the waste. When sufficient waste has been collected in WEEE bins (these are provided by the producers), the municipality informs the registration authority, EAR. EAR then determines which of the registered companies is due (on a roster basis) to pick up the waste and requests the company’s recycling subcontractor take back the waste. The subcontractor is then responsible for picking up and treating the WEEE. The producer finances this operation.
ISD INTERSEROH is a company offering services for collection, treatment and recycling of WEEE throughout Germany and also provides the necessary documentation.

Which organizations can provide expert information and guidance on the new legislation?

Please read our report "Overview of the WEEE, RoHS, and German ElektroG Legislation" linked on top of this page.

Additionally, several companies in Germany offer expert consulting services covering all aspects of the German ElektroG. We are aware of the following such companies:

http://www.arqis.com
http://www.ElektroG.de
http://www.elektrogesetz.com
http://www.krug-und-petersen.de
http://www.take-e-way.de

To see Commercial Service Germany's list of business service providers regarding WEEE and RoHS:
http://www.buyusa.gov/germany/en/business_service_provider.html?bsp_cat=77000000

Furthermore, membership in an industry association such as BITKOM or ZVEI will provide company’s access to timely and expert information on the ElektroG.

http://www.altgeraete.org
http://www.bitkom.org

Do I qualify for an exemption?

Producers are left with the liability of determining whether or not their product that falls under the scope of the legislation is exempt. Many items in the categories of medical, military, industrial monitoring and control, automotive and telecommunication products are exempted from the WEEEs and RoHS requirements. If the product doesn't fit into an excluded category, the next step is to check the exemptions list in the annex on page five of the RoHS directive. There are a number of agreed upon product application exemptions such as lead in high melting temperature solders. In addition, equipment specifically designed for transport is also excluded from the directive. If a manufacturer makes a piece of equipment for a car or a jet, it's considered part of that [transport] and excluded, because RoHS has no category for cars or airplanes.

If you are in any doubt as to whether you product is covered by the ElektroG, we recommend having a legal analysis done by a specialist. Case specific inquiries may also be addressed to the EAR. There is no formal process as to application for an exemption; however, exemptions are generally prepared by legal counsel and presented to the Ministry of Environment, Nature Conservation and Nuclear Safety. A justification for an exemption must be backed by verifiable relevant data.

New exemptions

A new set of exemptions was incorporated into a new directive by the EC in April 2006 that can be viewed here. The Commission is scheduled to rule on following exemptions on June 26, 2006.

• Lead and cadmium in printing inks for the application of enamels on borosilicate glass.

• Lead as impurity in RIG (rare earth iron garnet) Faraday rotators used for fibre optic communications systems.

• Lead in finishes of fine pitch components other than connectors with a pitch of 0.65 mm or less with NiFe lead frames and lead in finishes of fine pitch components other than connectors with a pitch of 0.65 mm or less with copper lead-frames.

• Lead in solders for the soldering to machined through hole discoidal and planar array ceramic multi-layer capacitors.

• Lead oxide in plasma display panels (PDP) and surface conduction electron emitter displays (SED) used in structural elements; notably in the front and rear glass dielectric layer, the bus electrode, the black stripe, the address electrode, the barrier ribs, the seal frit and frit ring as well as in print pastes.

• Lead oxide in the glass envelope of Black Light Blue (BLB) lamps.

• Lead alloys as solder for transducers used in high-powered (designated to operate for several hours at acoustic power levels of 125 dB SPL and above) loudspeakers.

RoHS exemptions are to be revised at the latest every four years, i.e. July 1st 2010.

Revisions

The European Commission is currently making proposals about if and how to include medical devices and monitoring and control instruments in the scope of the RoHS directives. The Commission is waiting on a final report by ERA Technology consultants, due out in July 2006. An impact assessment will be held, followed by a public consultation discussing legal options prior to a formal legislative hearing.

Other reviews are currently underway, such as exemptions based upon “fixed installations”

Useful Links

German Federal Ministry of Environment
http://www.bmu.de/english/waste_management/acts_and_ordinances/drafts/doc/6554.php

German Clearing House & National Registration – EAR
http://www.stiftung-ear.de

Electrotechnic and Electronics Industry Association – ZVEI
http://www.zvei.de/index.php?id=34

German ICT Association – BITKOM
http://www.bitkom.org/

http://europa.eu.int/comm/environment/waste/weee_index.htm

http://www.weeenetwork.com/

Comprehensive Website with News and Updates on WEEEs & RoHS
http://www.rohswell.com

Krug-und-Petersen Government Consulting
(An English book about German ElektroG will be available for download soon.)
http://www.krug-und-petersen.de/

The English guide for the ElektroGesetz can be found on the Ministry of Environmental Protection's Website:
http://www.bmu.de/english/waste_management/acts_and_ordinances/drafts/doc/6554.php