Modification of the electronic law – the new open scope
Since of the 15.08.2018 the open scope (offener Anwendungsbereich) is into force. Meaning that primarily ALL electrical and electronic equipment has to be registered according to the electronic law. Therefore, many more devices and device types will have to be registered, such as furniture, smartwear and many more.
Beware: the already registered products (Stiftung-EAR) of the producers and sellers are impacted too. These devices will be placed into new device categories. Therefore, producers and sellers must be sure that they are currently still registered properly and eventually make changes to their existing registration. This has to be done before the 15th of August so that you can remain legally sound.
Through the implementing of the open scope, the device categories will be minimized from the currently 10, into 6 device categories. These are as follows:
- Category 1: Heat vectors
- Category 2: Screens, Monitors and devices, that have a surface larger than 100 cm2
- Category 3: Lamps
- Category 4: Devices that have an outer dimension of more than 50 cm (lare equipment)
- Category 5: Devices that have an outer dimension of less than 50 cm (small equipment)
- Category 6: Small devices for the information and telecommunication technology, where the outer dimensions are less than 50 cm.
The Stiftung-EAR will implement changes to the current registrations of products and device categories to make sure they adhere to the new categories. In future, the relevance will comprise mostly based on the size of the device, as an oppose to its functionality
What does that mean?
- If you are already registered, the law will automatically have a device category arranged which it will fall under
- As of the 15th of August, everything will fall under the new device categories.
-> New types of devices, such as electronic furniture and textiles, must be registered by the above mentioned date.
Important notice: furniture will always be classified as an electronic device, when the furniture and electronic components are fused together to make a product OR can only function together as a whole.
- According to producer responsibility, you are accountable for the transfer of your product into the right device category.2.
- Should you realize that you require a new device category, then you MUST
a) Request for a replacement registration
b) Register it as a new product in your product portfolio
This must occur by no later than the 31st of December 2018!
-> On the 26th of October, there will be an automatic transfer of all existing registrations. In almost all cases this will not suffice, so that a complimentary or replacing registration must be made.
This means that additional guarantee sums must be paid for the registrations (complimentary or replacing).
Proof of verification which has been submitted in 2018 and has been approved by the Stiftung-EAR, remain intact during the provisional regulations and can still be used (for example when a new registration is made in a new device category). Should the amount that has been deposited however be depleted, then a new deposit has to be guaranteed for 2018 in the new device category, which covers the required sum. After the 15th of August these proof of Guarantees cannot be increased.
The service of the Deutsche Recycling, www.garantie-elektrogesetz.de can offer an easy and at the same time attractive service:
- Calculate additional guarantee sums online and attain these
- Approved collective guarantee system towards the Stiftung-EAR
- No negative provisions
- No strain on liquidity when depositing these sums
What can we do for you?
The Deutsche Recycling supports you in all questions concerning the open scope as well as additional questions concerning your environmental obligations. We arrange that your legal obligations are taken care of and accounted for, while remaining fast and cost efficient.
- Individual consulting
- analysis and strategy
- execution of all administrative tasks
- contract layout
- reporting of amount sold
- invoice reporting
The Deutsche Recycling…
- Is independent from corporations, systems, disposal contractors and branches.
- Implements licensing solutions (Europe and worldwide) and executes these to perfection.
- Makes way for transparency with regards to your obligations and regulations
- Knows what regulations are current in each country and have to be fulfilled.
- Reduces your risks in acting legally
- Offers maximum cost efficiency.