LARS
1.) What is it all about?
Legal / Background situation
The national implementation of the European Directive on Waste Electrical and Electronic Equipment is the Act on the marketing, the acceptance of return goods, and the environmentally appropriate disposal of electrical and electronic equipment (Electrical and Electronic Equipment Act - ElektroG) of March 16, 2005. This Act was promulgated on March 23 in the Bundesgesetzblatt [German Federal Law Gazette] Year 2005 Part 1 No. 17., and places on manufacturers/importers of gas discharge lamps the obligation to organize and finance the separate collection and processing/recycling of waste lamps.
2.) Who is affected?
Manufacturers and importers are placed on the same plane. Manufacturers within the meaning of the ElektroG are
- Any person or organization who manufactures and first places into circulation gas discharge lamps under its own name;
- Vendors onward selling under their own trade name;
- Importers who import and first place into circulation gas discharge lamps;
- Exporters who directly export and deliver to a user in a Member State of the European Union;
- Distributors, if they tortiously offer new gas discharge lamps of non-registered manufacturers for sale.
3.) What do manufacturers/importers have to do to comply with the ElektroG?
Manufacturers / Importers are subject to the following obligations among others
- Registration with the EAR (Stiftung Elektro Altgeräte Register – Waste Electrical/Electronic Equipment Register Foundation) by November 24, 2005 with company name, trade mark, basic registration quantity, etc.
- The registration number assigned by the EAR must be listed on the company’s stationery
- Proof of an insolvency safe guarantee, from November 24, 2005 for "New Waste Lamps"
- Monthly reporting of the gas discharge lamps placed into circulation to the EAR
- Receipt of and compliance with the collection regulations of the EAR for the ÖRE (öffentlich rechtliche Entsorgungsträger, Public Disposal Service Providers)
- Confirmation of collection from the ÖRE and of the waste lamps collected elsewhere and recycled
- Identification of the gas discharge lamps with the mandatory symbol (trash can crossed out) at the latest from March 24, 2006 onwards;
- Creation of a return facility for users other than private individuals, within a reasonable distance.
4.) What is the Lampen-Recycling und Service GmbH (LARS)?
In order to provide rational relief to all manufacturers/importers in Germany, the leading gas discharge lamp vendors have created two disposal systems. One of these systems is operated by Osram. A second system (LARS) is operated by all the other domestic manufacturers and is indiscriminately open to all other manufacturers/importers in Germany. LARS is an independent service provider for lamp manufacturers/importers. Its mission is to help them meet their obligations arising out of the ElektroG.
5.) What does LARS offer?
As an independent service provider, LARS offers a comprehensive manufacturer/importer oriented solution, with which manufacturers/importers can meet their obligations arising out of the ElektroG. The quantity advantages negotiated in this respect benefit all participants.
LARS offers the following services:
- Administration and financing
- Forwarding of the required reports to the EAR
- Construction of appropriate collection facilities within reasonable distances on a Germany-wide basis
- Collection of waste lamps from the ÖREs and from other collection facilities
- Treatment, recycling, and environmentally friendly disposal
- Best prices as a result of bundled quantities
- Brokerage of participation in a collective guarantee system within the meaning of § 6 Section 3 ElektroG.
6.) What do manufacturers/importers have to do to as members of LARS?
- Register with the EAR
- Execute a Service Agreement with LARS
- Execue a Shareholder Agreement with the Lampen GbR mit beschränkter Haftung limited guarantee partnership.
- Report quantities placed into circulation to LARS (also for transmission to the EAR
- Provide a bank guarantee to cover LARS’ advance services
- Provide expense reimbursement for LARS and the collective guarantee, calculated on a per lamp sold basis.
