Extended Producer Responsibility (EPR)
for Electrical equipment (WEEE) in Germany

Table of contents:

Electronic Equipment Act

Regulations for marketplaces

What to do: step-by-step instructions

What is covered by the ElektroG?

When do I become responsible?

WEEE stands for ‘waste electrical and electronic equipment’ and therefore relates to the handling of used electrical/electronic devices. The 2005 German Electrical and Electronic Equipment Act (ElektroG) transposes the EU WEEE Directive into German law and governs the placing on the market, take-back and environmentally compatible disposal of electrical and electronic devices according to the principle of extended producer responsibility. In 2021, the German Act was amended, with these amendments coming into force in January 2022.

All merchants who place electrical and electronic equipment on the market in Germany must first register these with the Stiftung EAR. Although the EAR website talks about ‘producers’, this is a legal definition that also includes merchants who first place electrical appliances on the market in Germany and who therefore also have a duty of declaration. After registering with EAR, the next step for affected merchants and manufacturers is to commission a recycling company to perform the necessary waste management and recycling processes.

This obligation is incumbent on each individual producer: joint commissions are therefore not legally admissible.

From January 2023, Amazon, eBay and other marketplaces are given another duty of control for their merchants (as from July 2022 in the case of packaging). Previously, few checks were made to determine whether merchants were fulfilling their duties from German WEEE legislation: the law has now been tightened with the aim of ensuring regulation by online marketplaces. Amazon has already taken steps to inform its merchants that their EPR registration number for electrical appliances must be stated in their seller account by 1 January 2023. If not, their products may be taken off the platform and their seller account blocked.

You need to do the following:

…if you place electrical and/or electronic equipment on the market in Germany:

  1. Register your electrical appliances with the Stiftung EAR as a ‘producer’: Register here

  2. For merchants not domiciled in Germany: appoint an authorised representative (mandatory for merchants not based in Germany)

  3. Provide a guarantee and store this with the EAR

  4. Commission a recycling system with the collection and sorting of your waste electrical equipment

Your EPR number: Once you have completed the EAR registration process, you will receive your individual WEEE registration number, which you then need to provide to your marketplace as your EPR number.

By the way, you can also hand over your duties completely and sit back and relax. You can find more information here.

What is covered by the German Electrical and Electronic Equipment Act?

In terms of German law, electrical devices are always considered to be finished products (user devices) with a self-contained set of functions. These devices are intended for use or installation by an end user. Although it may be carried out by technically competent individuals, this installation can be completed without major technical effort. The law therefore does not apply to individual components. Kits are covered by the law only if they are placed on the market in order to be put together by an end user to make an electrical appliance that is in turn covered by the Electrical and Electronic Equipment Act.

In technical terms, the German law applies to devices that are exposed to AC voltage of no more than 1,000 V or DC voltage of no more than 1,500 V while being operated, and which require the application of electric currents or electromagnetic fields as part of their normal operation. The law also covers devices that are used for the generation, conduction and measurement of electric currents and electromagnetic fields.

The law also requires product marking that clearly states the name of the manufacturer. To be legally compliant, this manufacturer must be identifiable. This is the case if the name, the brand name, the trademark or the registered company number is clearly visible on the product. The marking must also be permanent.

When do I become responsible?

    • The law makes you responsible for ensuring system participation for all electrical and electronic equipment you place on the market.

    • The law makes you responsible if you resell these devices under your own name or your own brand.

    • You are not responsible if the manufacturer’s name or brand appears on the device and the devices are already registered by the actual manufacturer.

    • According to German legislation, you must register all electrical or electronic equipment that you first place on the market in Germany that is sourced from another EU Member State or another country.

    • In this case, too, you are considered a manufacturer within the meaning of the ElektroG and are responsible for registering the equipment in Germany.

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