Kreislaufwirtschaftsgesetz (KrWG)

Anyone who hands over decommissioned IT hardware often legally produces waste. The Circular Economy Act then applies. It determines the order in which waste must be treated, who is responsible for what, and which companies must keep which records.

What does the KrWG regulate?

The KrWG is intended to conserve natural resources and protect people and the environment in the generation and management of waste (§ 1 KrWG). It defines what waste is, who must dispose of it and how, and how the authorities monitor this. For waste electrical and electronic equipment, the ElektroG is a more specific law that takes precedence over the KrWG in its area. The principles of the KrWG nevertheless continue to apply.

Provision	Contents	Meaning for IT hardware
§ 3 Definitions	Defines waste, waste producer, reuse, recycling	A device you want to get rid of can be waste
§ 6 Waste hierarchy	Prevention, preparing for reuse, recycling, other recovery, disposal	Refurbishment before material recycling
§§ 7, 15 and 22	Recovery and disposal obligations of producers and holders; commissioning third parties	Responsibility remains with the client
§ 23 Product responsibility	Manufacturers should offer durable, repairable products	Basis for, among others, the ElektroG and duty of care
§§ 49 and 50	Register and record-keeping obligations	Documentation of waste streams
§ 56 Certified waste management companies	Certification of companies that collect, treat or recover waste	Verifiable quality mark of the waste management company

The waste hierarchy in practice

the Waste hierarchy under § 6 KrWG is the core of the law. For IT, this means: a working laptop should be reused wherever possible. The Preparation for reuse includes inspecting, cleaning and repairing. Only what can no longer be used goes to recycling. Exceptions are possible if another option is ecologically better.

Obligations for companies as waste producers

Companies that hand over old devices are waste producers or waste holders. They may transfer disposal to a third party, but under § 22 KrWG they remain responsible for proper performance until disposal is complete. That is why it pays to choose a certified waste management company and to retain the records. What a certified waste management company has to provide is explained in the guide Certified waste management company and ElektroG.

KrWG at Second IT

Second IT is a certified waste management company under § 56 KrWG and follows the waste hierarchy: after data erasure, devices are refurbished and remarketed wherever possible; devices that cannot be recovered are dismantled and professionally recycled. Customers receive recycling and disposal certificates for their CSR and ESG reporting. More about the professional IT disposal and the IT circular model. This entry does not replace legal advice.

Frequently asked questions about the Circular Economy Act

Is a decommissioned laptop always waste?

Not always. Waste is an item that its holder discards, intends to discard or must discard. If a device is sold and reused as intended, it is generally not waste. If it is handed over for disposal, it is.

What is the difference between the KrWG and the ElektroG?

The KrWG is the general waste law. The ElektroG specifically regulates electrical and electronic equipment, for example manufacturer registration, take-back and treatment. Where the ElektroG sets a rule, it takes precedence over the KrWG.

What does certified waste management company under § 56 KrWG mean?

A company that is certified by a technical inspection organization or a waste management association. Among other things, organization, personnel, equipment and record-keeping are audited. The certificate is time-limited and renewed regularly.

Do I remain responsible when I hand old devices over to a disposal company?

Yes. You may transfer disposal to a third party, but under § 22 KrWG you remain responsible for proper performance until disposal is complete. That is why a certified company and retained records are important.

Since when has the Circular Economy Act applied and what does it implement?

The KrWG has applied since June 2012. It transposes the EU Waste Framework Directive into German law and is the central law for dealing with waste. Among other things, it establishes the five-level waste hierarchy.