Automatische Verschlagwortung

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18.06.2019 128 times rated as helpful No. 23/2019 UBA considers the third country free-rider situation an urgent problem. Third-country businesses are using e-commerce platforms to introduce massive quantities of electrical and electronic equipment, batteries and packaging illegally to the German market, without assuming any of the costs for their take-back and recycling. The enforcement agencies are powerless to prevent this under current law. The OECD estimates that more than 460,000 tonnes of electrical/electronic equipment is now being placed on the market illegally in Europe every year. These products may also contain banned chemicals which bear risks for consumers.The new European Market Surveillance Regulation soon to enter into force ensures only marginal improvement on e-marketplaces because the regulation can only trigger measures in specific cases of breach of the law and under the most stringent of conditions. German producers abiding by environmental law will therefore continue to face enormous competitive disadvantages even after the regulation takes effect because they must bear not only their own costs associated with the assumption of product responsibility but also the costs for the disposal of third country, free-rider goods.This regulatory gap could easily and efficiently be closed, namely by making it mandatory for e-marketplace operators – as for the vendor – to provide proof of proper registration of producers under the Electronic Equipment Act (ElektroG), Batteries Act (BattG) and Packaging Act (VerpackG). Unlike the European Market Surveillance Regulation, the effect of standardising such a requirement for e-marketplaces under ElektroG, BattG and Packaging Act (VerpackG) would mean that (with IT support) only offers from verified (i.e. registered) vendors would be advertised on e-marketplaces.