Electrical Act / WEEE

General information on the Electrical and Electronic Equipment Act (ElektroG)
Manufacturers, dealers or importers who want to bring electronic products to the German market are subject to the German Electrical and Electronic Equipment Act (ElektroG), based on the EU Directive 2012/19 / EU (better known as the WEEE Directive).

What do the terms WEEE / ElektroG / EAR mean?

WEEE: The EU WEEE directive (2012/19 / EU) deals with the return and environmentally friendly disposal of electrical and electronic equipment.

ElektroG: The term "ElektroG" is an abbreviation of the designation of the German electrical law - law on the placing on the market, the return and the environmentally friendly disposal of electrical and electronic equipment. Different national laws apply in other EU member states.

EAR: The Foundation for Altgeräte Register (EAR) is a public foundation under civil law and acts as a "joint agency for manufacturers". It registers the manufacturers and coordinates the provision of collection containers and collection from public waste disposal authorities.

Who do the registration obligations of the WEEE Directive affect?
All those who place electrical and electronic equipment on the market in Germany, such as manufacturers, wholesalers and retailers (including mail order companies) and importers of electrical and electronic equipment, are required to do so. Separate provisions apply to batteries and accumulators.

Which products fall under the ElektroG?
The WEEE directive has an open scope for electrical and electronic equipment with currently six categories. Important: Batteries and accumulators are not subject to the electrical law. Statutory obligations under the Battery Act apply to manufacturers and distributors.

Categories (ElektroG)

Every electrical and electronic device that falls within the scope of the ElektroG (open scope) can be assigned to one of the six categories shown below. The EAR Foundation can help if there is any uncertainty about the correct allocation.

What is product stewardship under the WEEE directive?
Product responsibility of the person placing the product on the market means taking responsibility for a product over its entire service life, from manufacture and sale to free return as well as professional disposal or recycling.

What penalties or fines are possible?
According to Section 45 of the ElektroG, offenses such as selling without registration or missing a quantity report as administrative offenses are subject to fines of up to a maximum of 100,000 euros per individual case. In addition, sales of the products concerned must be stopped immediately.

Further information on the penalties and fines for violations of the ElektroG can be found in the following link.

What are the obligations under the WEEE registration?
Manufacturers, distributors or importers must register with the EAR Foundation before sales begin and contribute to the disposal costs. In order to secure the return and disposal in the event of insolvency, a guarantee in the form of a bank guarantee or insurance must be deposited.

What exactly is a WEEE number?
The WEEE number is a manufacturer number that is issued to distributors of electrical and electronic equipment for the first time after successful registration with the EAR Foundation. It consists of a country code (e.g. DE) and an 8-digit sequence of digits (e.g. WEEE reg.-no. DE XXXXXXXX).

Important: According to the ElektroG, manufacturers and dealers must state the WEEE number when selling the product and on the respective invoice.

What does Amazon need about WEEE registration?
As an online trading platform, Amazon must observe and implement the legal requirements of the WEEE directive for Germany. Dealers must include the German WEEE registration number in the information about the seller section in the dealer shop and on all invoices.

Further information on Amazon and WEEE registration with the EAR Foundation can be found at the following link.

How long does the registration process take?
According to the EAR Foundation, the process can usually take around 7 to 8 weeks, depending on the circumstances and in the case of further necessary information and requirements, however, more.

Authorization for foreign manufacturers and dealers as part of the registration
Foreign manufacturers without a registered office or branch in Germany must name an authorized representative based in this country. The latter can represent the manufacturer vis-à-vis the joint agency, but is also liable for all statutory obligations of the manufacturer.