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Abfallerzeuger und Abfallbesitzer
In brief
Under § 3 (8) of the German Circular Economy Act (Kreislaufwirtschaftsgesetz, KrWG), a waste producer is anyone whose activity generates waste or who pre-treats, mixes or otherwise alters waste. Under § 3 (9) KrWG, a waste holder is anyone who has actual physical control over waste. A company that disposes of old IT devices is as a rule both and thus bears responsibility for proper disposal.
What obligations do producers and holders have?
- Recovery before disposal: According to the Waste hierarchy waste must primarily be prepared for reuse or recovered.
- Separation and correct classification: Waste must be assigned to the appropriate waste code; hazardous waste must be treated separately.
- Responsibility when commissioning third parties: Anyone who commissions a waste disposal company remains responsible under § 22 KrWG for proper performance until disposal has been completed finally and properly.
- Evidence: Depending on the type of waste, documentation and register obligations apply, see Disposal certificate.
Meaning for IT disposal
For companies this means: choosing a suitable waste disposal company is part of their own due diligence. A certified waste management company is audited and certified for its activities, which makes selection easier. Our guide explains what the certificate means: Certified waste management company and IT disposal. Second IT is a certified waste management company under § 56 KrWG and issues recycling and disposal documentation. This entry does not replace legal advice.
Frequently asked questions about waste producer and waste holder
What is the difference between a waste producer and a waste holder?
The producer causes the waste to arise, the holder actually has it in hand. Often this is the same person. A carrier can be a holder without being a producer.
Does my responsibility end with handover to the disposal company?
Not automatically. Under § 22 KrWG you remain responsible until disposal is completed. That is why it is worth choosing a certified waste management company and requesting documentation.
Are retired laptops always waste?
No. If they are sold and used further, no waste arises. They only become waste when the owner disposes of them or intends to dispose of them.
What obligations does a waste producer have in IT disposal?
You must assign waste to the correct waste code, treat hazardous waste separately and give recovery priority over disposal. Depending on the type of waste, documentation and register obligations also apply. You also remain responsible when you commission a disposal company.
How do I recognize a suitable disposal company for old IT devices?
A certified waste management company is audited and certified for its activities. This makes selection easier. Also have disposal documentation issued, because choosing a suitable disposal company is part of your own due diligence as a producer.
Disposed of professionally, documented cleanly.
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