Verification indirect exports (binding requirement)

Status 24th October 2015

1. Reporting indirect export amounts

According to § 27 paragraph 1 clause 1 number 1 ElektroG,  a producer/authorised representative must report the amounts of electrical and electronic equipment placed on the market to stiftung ear. If this amount of electrical and electronic equipment is reduced by such that is then actually exported abroad by middlemen (indirect exports), this amount must be submitted monthly as indirect export according to § 27 paragraph 1 clause 1 number 2 ElektroG. 

Precondition  for the report of indirect export amounts is that the electrical and electronic equipment is effectively not in the waste stream in Germany later, although initially placed on the market in Germany. Only then is a report to be submitted. It must be taken into consideration, though, that a deduction of indirectly exported amounts may not be made by the producer/authorised representative when submitting the report of amounts placed on the market according to § 27 paragraph 1 clause 1 number 1 ElektroG, as the respective amounts are first placed on the market in the Federal Republic of Germany. Consideration of the exported amounts can only be made as a report as indirect export and therefore as report according to § 27 paragraph 1 clause 1 number 2 ElektroG. 

Producers/authorised representatives must report amounts pursuant their report of indirect exports to stiftung ear 

  • for which a guarantee (b2c equipment) was to be submitted;
  • as far as the producer/authorised representative is registered with this type of equipment; 
  • as far as this electrical and electronic equipment was indirectly exported abroad by the producer and not reimported again, i.e. was placed on the market outside ElektroG’s scope by a distributor located outside ElektroG’s scope;
  • as far as the amount of this indirectly exported electrical and electronic equipment according to § 27 paragraph 1 clause 1 number 1 ElektroG was originally actually reported to stiftung ear as placed on the market. 

According to § 27 paragraph 3 clause 3 ElektroG stiftung ear can demand that the producer/authorised representative have the information on the amounts reported as indirect export be confirmed by an independent expert within a suitable period. It is entitled to determine the examination criteria for this confirmation.

2. Documentation of indirect exports by the producer/authorised representative

The producer/authorised representative must submit verification of the indirect export with following documentation:

  • delivery slips, consignment notes or delivery receipts on the distribution channels of the electrical and electronic equipment from the placing on the market by the producer in Germany to the handing over to 
    • an end-user in another state or 
    • a distributor who can prove by registration and/or licence tax receipt from a respective WEEE-register that they have fulfilled the respective requirements of the other member state in implementing the WEEE-guidelines;
  • calculation of the amounts of indirect export amounts to be counted on the basis of the information from the user or distributor. 

Documentation must be made for each type of equipment individually with which the producer/authorised representative is registered and in which they have indirectly exported electrical and electronic equipment, as well as individually for each state to which the electrical and electronic equipment was exported.

3. Requirements towards confirmation by an independent expert according to § 27 paragraph 3 clause 3 ElektroG

The producer/authorised representative must submit documentation of the amounts of indirect exports reported to stiftung ear if required, by confirmation by an independent expert. The following must be stated in the confirmation by the independent expert: 

  • examination procedure,
  • list of submitted documents, as well as
  • statements/information from the producer on distribution channel and whereabouts of the indirectly exported amounts.

The independent expert must make an examination assessment based on their examination of the producer’s statements/information or respectively documents on the following requested items.

Examination assessment based on examination of the statements/information, or respectively documents on indirect export amounts according to § 27 paragraph 1 clause 1 number 2 ElektroG

Request fulfilled?yes/no/partially

It is electrical and electronic equipment for which a guarantee (b2c equipment) must be submitted.  

It is electrical and electronic equipment of a type of equipment which the producer/authorised representative is registered for.

 

The electrical and electronic equipment was indirectly exported by the producer to another state. 

 

The electrical and electronic equipment has not already been reimported into the scope of application of ElektroG.

 

The electrical and electronic equipment was originally actually reported to stiftung ear as placed on the market.