Expi­ra­ti­on of the tran­si­tio­nal peri­ods for manu­fac­tu­r­ers of elec­tri­cal and elec­tro­nic equip­ment to pre­sent a take­back plan

The new Act on the pla­ce­ment on the mar­ket, take­back and eco-friendly dis­po­sal of elec­tri­cal and elec­tro­nic equip­ment has been in effect sin­ce 1 Janu­ary 2022. It pro­vi­des e.g. for expan­ded requi­re­ments for manu­fac­tu­r­ers with regard to

• the dis­po­sal of elec­tri­cal and elec­tro­nic equipment;
• pro­duct design; and
• labe­l­ing of elec­tri­cal and elec­tro­nic equipment.

Manu­fac­tu­r­ers are also requi­red to imple­ment a take­back plan for their pro­ducts. Very short tran­si­tio­nal peri­ods app­ly for imple­men­ta­ti­on of the labe­l­ing requi­re­ments and pre­sen­ta­ti­on of a take­back plan.

Take­back of elec­tri­cal and elec­tro­nic equipment

Manu­fac­tu­r­ers of elec­tri­cal and elec­tro­nic equip­ment are gene­ral­ly respon­si­ble for take­back and recy­cling of elec­tri­cal and elec­tro­nic equip­ment. This appli­es to equip­ment for the B2C mar­ket as well as for the B2B market.

Inso­far as manu­fac­tu­r­ers of elec­tri­cal and elec­tro­nic equip­ment offer equip­ment for the B2C mar­ket, the manu­fac­tu­r­ers are requi­red to pro­vi­de the public was­te dis­po­sal aut­ho­ri­ties with con­tai­ners in which the aut­ho­ri­ties can coll­ect elec­tri­cal and elec­tro­nic equip­ment from con­su­mers and return them to the manufacturers.

The manu­fac­tu­r­ers must then prepa­re the elec­tri­cal and elec­tro­nic equip­ment for reu­se or recy­cle them.

For manu­fac­tu­r­ers of elec­tri­cal and elec­tro­nic equip­ment which is not inten­ded for use in pri­va­te house­holds, but rather sold in the B2B mar­ket, stric­ter requi­re­ments app­ly with regard to the man­da­to­ry take­back of elec­tri­cal and elec­tro­nic equip­ment. As of 1 Janu­ary 2022, manu­fac­tu­r­ers will no lon­ger be able to shift respon­si­bi­li­ty for the dis­po­sal of elec­tri­cal and elec­tro­nic equip­ment to their com­mer­cial cus­to­mers. Rather, as of 1 Janu­ary 2022, manu­fac­tu­r­ers of elec­tri­cal and elec­tro­nic equip­ment are requi­red to pre­sent a plan for the take­back and dis­po­sal of elec­tri­cal and elec­tro­nic equip­ment to the ear foun­da­ti­on:

The take­back plan must include the fol­lo­wing information:

• a state­ment of the opti­ons crea­ted for com­mer­cial cus­to­mers to return used equipment;
• a state­ment as to how com­mer­cial cus­to­mers can access the­se opti­ons to return the equipment;
• in the event that a third par­ty is enga­ged to take back the equip­ment: the name and address of the third party;
• a cre­di­ble asser­ti­on that the elec­tri­cal and elec­tro­nic equip­ment in ques­ti­on is not typi­cal­ly used in pri­va­te households.

A tran­si­tio­nal peri­od expi­ring on 30 June 2022 will app­ly for manu­fac­tu­r­ers of elec­tri­cal and elec­tro­nic equip­ment which are regis­tered as manu­fac­tu­r­ers with the com­pe­tent aut­ho­ri­ty by 1 Janu­ary 2022. The­se manu­fac­tu­r­ers will have until 30 June 2022 to pre­sent a plan for the take­back and dis­po­sal of elec­tri­cal and elec­tro­nic equip­ment to the com­pe­tent aut­ho­ri­ty. Manu­fac­tu­r­ers which are not regis­tered with the com­pe­tent aut­ho­ri­ty by 1 Janu­ary 2022 were requi­red to pre­sent a take­back plan as of 1 Janu­ary 2022.

Labe­l­ing of elec­tri­cal and elec­tro­nic equipment

The Act also sta­tes that, as of 1 Janu­ary 2022, elec­tri­cal and elec­tro­nic equip­ment must be label­led as such, in the form of the crossed-out trash can sym­bol. A tran­si­tio­nal peri­od appli­es through 31 Decem­ber 2022 for elec­tri­cal and elec­tro­nic equip­ment which is not for use in pri­va­te house­holds. Elec­tri­cal and elec­tro­nic equip­ment for the B2B mar­ket which are pla­ced on the mar­ket as of 1 Janu­ary 2023 must also be labe­led with the crossed-out trash can sym­bol from that date on. Manu­fac­tu­r­ers of impro­per­ly labe­led elec­tri­cal and elec­tro­nic equip­ment may face seve­re fines.

Sum­ma­ry

If they have not alre­a­dy done so, manu­fac­tu­r­ers of elec­tri­cal and elec­tro­nic equip­ment for the B2B mar­ket are requi­red to pre­sent a take­back plan to the ear foun­da­ti­on as soon as pos­si­ble, by 30 June 2022, in order to meet the Act’s requirements.

Manu­fac­tu­r­ers should also note that the tran­si­tio­nal peri­od for the labe­l­ing of their elec­tri­cal and elec­tro­nic equip­ment will expi­re on 31 Decem­ber 2022. They would be well-advised to act now in order to take all neces­sa­ry mea­su­res for the appro­pria­te labe­l­ing of their elec­tri­cal and elec­tro­nic equip­ment, so as to avo­id vio­la­ting the Act when pla­cing elec­tri­cal and elec­tro­nic equip­ment on the market.