The EU’s initiative to strengthen the circular economy through a framework directive and to harmonize existing directives on waste, packaging, end-of-life vehicles, batteries, and electrical equipment was first adopted in 2014 (COM(2014) 397 final).
What has changed?
Key components included:
- recycling targets,
- landfill limits,
- promotion of environmental measures (e.g., landfill taxes),
- separate collection,
- better monitoring of hazardous waste, and
- reliable reporting obligations and legislation.
After the revision of the framework directive, references were made to the relevant EU directives for batteries (2006/66/EC), electrical and electronic equipment (2012/19/EU), and packaging (94/62/EC). It was established that producers must cover all costs of waste management, including collection and sorting.
Amendments to the EU Waste Framework Directive: Which directive applies?
With the EU Waste Framework Directive (EU) 2018/851, which entered into force on 4 July 2018, existing waste directives are amended. This includes Directive (EU) 2018/852 amending Directive 94/62/EC on packaging and packaging waste, as well as Directive (EU) 2018/849 amending Directive 2006/66/EC on batteries and accumulators and Directive 2012/19/EU on waste electrical and electronic equipment (WEEE).
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What requirements apply to extended producer responsibility?
In particular, the EU Waste Framework Directive (EU) 2018/851 regulates the establishment of minimum requirements for extended producer responsibility (EPR) schemes (i.e., implementation of financial and organizational responsibilities for obligated parties) when such schemes are established, along with the creation of monitoring and enforcement frameworks.
The simultaneous improvements along the entire circular economy create the need for producers to cover the additional costs arising from higher recycling targets under their extended responsibility. The EU Circular Economy Package has been implemented in German national waste legislation.
What impact does the EU Waste Framework Directive have on ElektroG3?
The amendment of the Electrical and Electronic Equipment Act (ElektroG3) imposes additional obligations on producers and distributors of electrical equipment, particularly regarding the disposal of end-of-life devices. It is based on stricter requirements of the EU Waste Framework Directive that go beyond the previous ElektroG2.
Specifically, this means:
Producers and first distributors must increasingly contribute financially to the collection, recovery, and recycling of electronic waste.
Governmental oversight and sanctions for violations are expanded.
The new Circular Economy Act (KrWG) aims to ensure that more end-of-life devices are recycled and less are disposed of in household waste.
For the first time, online retailers are explicitly included in product responsibility.
“Extended Producer Responsibility (EPR) Regime”: Responsibilities, Waste Management Targets & Reporting System
With the 2018 revision of the EU Waste Framework Directive, the EPR regime was updated. Producers must now assume financial and, if applicable, organizational responsibility for the disposal of their products. The roles and duties of all stakeholders, including appointed organizations, are clearly defined. Additionally, EU countries must set measurable waste targets to comply with collection rates and EU directive requirements.
Data Collection and Comprehensive Coverage
Member states must establish a uniform reporting system that collects data on products placed on the market, their collection and treatment, and the resulting waste streams. It must also be ensured that producers take comprehensive responsibility regarding regions, products, and materials—not only in profitable areas. Adequate waste collection systems must be made available nationwide.
How are producers being held more accountable?
EU Market Surveillance Ensures Compliance with Directives
The EU regulates compliance with product-related directives through market surveillance. Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and product compliance, amending Directive 2004/42/EC and Regulations (EC) No. 765/2008 and (EU) No. 305/2011, establishes a new legal framework from 2021 for joint market surveillance and the control of products entering the EU market.
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Implementation of the Waste Framework Directive in Germany
In 2020, the Federal/Länder Working Group on Waste (LAGA) implemented the market surveillance concept for end-of-life vehicles, electrical and electronic equipment, batteries, and packaging. Authorities now check compliance with registration obligations both randomly and based on third-party notifications. Violations can thus be specifically targeted and sanctioned.
The Circular Economy Act (KrWG) obliges producers and distributors to exercise due care: it is prohibited to dispose of intact electrical and electronic devices prematurely if they are still usable after refurbishment. Distributors must also maintain records of returns and their destinations. The concrete implementation measures have been finalized.
FAQ: EU Waste Framework Directive
Who is responsible for market surveillance and how is it carried out?
In Germany, the federal states are responsible for market surveillance and act through their respective state authorities. Monitoring is conducted both systematically (e.g., data matching by Stiftung EAR) and on an ad-hoc basis following notifications from competitors, associations, or third parties.
What consequences do companies face for violating the due care law?
Violations of the due care obligation (e.g., disposing of still-functional electrical devices) can result in fines. Additionally, companies may be excluded from marketplace sales and face reputational damage.
How must retailers document returns and their disposition?
Retailers are required to keep records of all returned electrical devices and their subsequent fate (resale, repair, disposal, etc.). Documentation serves as proof for authorities and audits. Specific guidelines are still being finalized.
How must I inform my customers about the disposal of end-of-life electrical devices?
As a provider of electrical or electronic equipment, you must clearly and visibly inform your customers about proper disposal of end-of-life devices. This includes instructions on separate collection from household waste, removing and separately disposing of batteries, accumulators, and lamps, the option for free returns to retailers, responsibility for deleting personal data, and the significance of the crossed-out wheeled bin symbol.
