ear Foundation: WEEE registration and ElektroG
The German Electrical and Electronic Equipment Register Foundation (Stiftung ear) monitors the implementation of the ElektroG (Electrical and Electronic Equipment Act) and the BattG (Battery Act). The aim is to ensure a competitive market and the environmentally sound disposal of waste equipment.
Key obligations for manufacturers
- Registration requirement: Every manufacturer and every product must be registered on the ear portal. Without a valid WEEE registration number, electrical appliances may not be imported or sold in Germany.
- Insolvency-proof guarantee: A guarantee, which must be reviewed annually, must be provided to finance subsequent disposal.
- Quantity reports: Manufacturers must report the quantities placed on the market per category and brand on a monthly and annual basis.
- Collection coordination: The ear foundation coordinates the provision of collection containers and the collection of old appliances from public waste disposal authorities.
Important: Foreign manufacturers without a German branch must appoint an official representative in accordance with § 8 ElektroG in order to fulfill their obligations.
ZSVR & LUCID: The Packaging Act (VerpackG)
The Central Agency Packaging Register (ZSVR) monitors compliance with the Packaging Act. Companies that place sales, secondary, or shipping packaging filled with goods on the market for the first time must be listed in the LUCID register.
The most important requirements:
LUCID registration: Every company (initial distributor) needs a LUCID number. Since July 2022, the registration requirement also applies to transport, reusable, and commercial packaging.
System participation (licensing): In order to finance the disposal infrastructure, manufacturers must conclude a contract with a dual system and pay license fees.
Data reporting: The quantities of packaging used must be reported identically to both the dual system and the LUCID portal.
Recyclability: The law requires continuous optimization of packaging in terms of its material recycling.
Who is legally considered the manufacturer?
Within the framework of EU directives and national laws (ElektroG, BattG, VerpackG), the term “manufacturer” is broadly defined. The decisive factor is the role as the first distributor on the German market.
The following are considered manufacturers within the meaning of the law:
Foreign companies that sell goods directly to German end customers (B2C).
Importers and resellers who import products from abroad or distribute them in Germany under their own name.
Online retailers who make goods available on the German market for the first time.
Specific requirements by legal area
1. Electrical Equipment Act (ElektroG)
There are five key pillars of compliance for electrical and electronic equipment:
Registration: Mandatory registration by brand and category on the ear portal to obtain a WEEE registration number.
Insolvency-proof guarantee: Financial security for the disposal of B2C equipment.
Quantity reports: Monthly reporting of the weights placed on the market.
Annual statistics report: Annual documentation of material flows and old equipment.
Collection coordination: Ensuring logistics for the provision of collection containers by the ear foundation.
2. Battery act (BattG)
The following obligations apply to the sale of batteries or devices containing batteries (rechargeable batteries):
Registration: Registration with the ear foundation according to chemical system and type.
Take-back system: Obligation to join an approved take-back system to ensure nationwide disposal.
Quantity reporting: Regular (monthly to annual) reporting of the quantities of batteries placed on the market.
3. Packaging Act (VerpackG)
All packaging that ends up with the end consumer must be licensed:
System participation: Conclusion of a contract with a dual system (licensing).
LUCID notification: Comparison of quantity reports in the register of the Central Agency Packaging Register (ZSVR).
Recycling: Compliance with minimum standards for the recyclability of the materials used.
B2B vs. B2C: The location determines the application
Regulatory requirements do not depend on the distribution channel, but on the place of use.
- B2C focus (dual use): If a product can theoretically be used in private households, the stricter B2C requirements apply.
- Labeling requirement: All products must meet specific information requirements (e.g., the WEEE symbol of the “crossed-out wheelie bin”) to ensure legally compliant disposal.