ElektroG: What is governed by the German Electrical and Electronic Equipment Act? What manufacturers & distributors should know.
The Electrical and Electronic Equipment Act in Germany (ElektroG) governs the sale, disposal and recycling of electrical and electronic equipment. It also controls, among other things, which equipment needs to be registered and labelled (such as with the ubiquitous symbol of the crossed-out wheelie bin). But what falls within the definition of electrical equipment? Simply put: electrical equipment is equipment that requires an electrical current or an electric field to operate correctly.
Manufacturers, distributors, importers and direct selling companies are obliged to register under ElektroG. If the electrical equipment offered is not registered or has not been registered correctly, even unwittingly, this represents an offence according to ElektroG. This means that the relevant obligations and risks apply both to claims under competition law (warning) and to responsibility under public law.
The German Electrical and Electronic Equipment Act (also Electricals Act or ElektroG) transposes the European WEEE Directive into German law. It thus regulates the placing on the market, take-back and disposal of electrical and electronic equipment. Like the WEEE Directive, the Electrical and Electronic Equipment Act aims to avoid waste and strengthen recycling. What’s more, ElektroG is intended to increase accountability among the manufacturers of electrical appliances. The full name of ElektroG is: the Act Governing the Sale, Return and Environmentally Sound Disposal of Electrical and Electronic Equipment. It is more rarely referred to as the Electronic Equipment Act, the Electronics Act or the Regulation on Electronic Scrap.
ElektroG2 (Electrical and Electronic Equipment Act 2): What is that?
The terms ElektroG2 and ElektroG as well as German Electrical and Electronic Equipment Act 2 and German Electrical and Electronic Equipment Act are generally used as synonyms. Strictly speaking, ElektroG2 is an amendment to the original German Electrical and Electronic Equipment Act, which gradually entered into force between 2014 and 2018. ElektroG2 is itself based on an amendment to the original WEEE Directive 2002/96/EC, i.e. on the newer WEEE Directive 2012/19/EU, also known as WEEE2.
Electrical and electronic equipment as defined by ElektroG
According to § 3 ElektroG, electrical and electronic equipment means equipment that is designed for use with a voltage rating not exceeding 1000 volts for alternating voltage and 1500 volts for direct voltage and …
- Is dependent on electric currents or electromagnetic fields in order to work properly, or…
- Is used to generate, transfer and measure electric currents and electromagnetic fields.
German Electrical and Electronic Equipment Act: passive equipment
Prior to ElektroG, any item that uses, transmits or measures electrical energy was, by definition, considered to be electrical or electronic equipment. As a result, it is not only devices such as televisions, refrigerators or microwaves that fall under this definition, but also passive devices without their own power supply, such as USB flash drives or charging and connecting cables. This is based on an amendment to ElektroG, which took effect on 01.05.2019 – since then, the German Electrical and Electronic Equipment Act has included passive devices.
Even products that many people would not intuitively classify as electrical equipment are thus also covered by ElektroG: for example, the relevant obligations and requirements also apply to battery-operated wristwatches, safes with an electronic lock or furniture with integrated lighting.
In accordance with §9 of the German Electrical and Electronic Equipment Act: labelling obligation (WEEE labelling)
According to § 9 ElektroG, distributors must specially label equipment that is brought onto the market. The necessary labelling is also known colloquially as WEEE labelling, referring to the European WEEE Directive on which the German Electrical and Electronic Equipment Act is based.
WEEE labelling in accordance with the German Electrical and Electronic Equipment Act labelling obligation
WEEE labelling includes, among other things, affixing the equipment manufacturer’s name or the corresponding brand name under which the equipment is registered with Stiftung ear onto the respective equipment. Products aimed at end users must also be labelled with the crossed-out wheelie bin symbol. This indicates that disposal via household waste is not permitted. The German Electrical and Electronic Equipment Act recognises exceptions here: in certain cases, the symbol may be printed onto the packaging, the instructions for use or the warranty certificate instead of onto the device.
In addition to the German Electrical and Electronic Equipment Act labelling obligation, distributors are also required to provide information to private households in accordance with § 18 ElektroG. This stipulates, among other things, that the effects of the improper disposal of waste electrical and electronic equipment are highlighted, that information is provided about end users’ personal responsibility for erasing personal data on the waste equipment that is being disposed of, and that the importance of the crossed-out wheelie bin symbol is explained. In addition to the aforementioned points, other information obligations in accordance with § 18 of the German Electrical and Electronic Equipment Act and other labelling obligations in accordance with § 9 of the German Electrical and Electronic Equipment Act also apply.
According to the German Electrical and Electronic Equipment Act, the labelling obligation (WEEE labelling) with the symbol of the cross-out wheelie bin applies to products aimed at end consumers.
WEEE labelling overseas
Different WEEE labels may be required depending on the country in which products are placed on the market. For example, in France, it has been compulsory since 2021 to affix what is known as the “Triman logo” to electrical equipment or its packaging. With regard to WEEE labelling overseas, it is essential to note that country-specific rules apply not only to companies that are based in the respective country, but also to all companies that place products on the market there. Accordingly, the WEEE labelling obligation also applies to exporters, for example.
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Retailers and the German Electrical and Electronic Equipment Act: obligation to take back waste electrical and electronic equipment
(Online) retailers may be subject to a take-back obligation under the German Electrical and Electronic Equipment Act: if electrical and electronic equipment accounts for at least 400 m² of their shipping, storage and sales area in Germany per location, they must provide suitable take-back options for waste electrical and electronic equipment “within a reasonable distance from the customer”. The returned waste equipment can be collected and then passed on to either public waste disposal authorities, authorised persons or the take-back system. It is also possible to commission a certified waste management company.
According to the German Electrical and Electronic Equipment Act, take-back should only be offered for equipment that can be used in private households. Equipment must be taken back free of charge when an electrical appliance of the same type is sold as part of the take-back (1:1 take-back). Regardless of the sale of an electrical appliance, retailers must take back up to five appliances per customer free of charge (0:1 take-back) – providing that none of the external dimensions of the old electrical appliance exceed 25 cm in length. The take-back must be free of charge for the customer. Any shipping or collection costs, such as when returning to an online retailer, must be borne by the customer.
The German Electrical and Electronic Equipment Act stipulates a take-back obligation for retailers who use at least 400 m² of shipping, warehouse and sales space for electrical equipment.
Distinction according to the German Electrical and Electronic Equipment Act: B2B and B2C
The German Electrical and Electronic Equipment Act distinguishes between business-to-business (B2B) and business-to-consumer (B2C) equipment. According to the German Electrical and Electronic Equipment Act, B2B equipment is electrical and electronic equipment whose actual use is expressly not in private households or which is not intended for use in private households. The distributor must credibly demonstrate these circumstances when submitting the registration application.
If this is not successful, this equipment is not considered to be B2B equipment in accordance with the German Electrical and Electronic Equipment Act, but B2C equipment. Unlike B2B equipment, according to the German Electrical and Electronic Equipment Act, B2C equipment can be used in private households, such as in the home or in the garden.
Summary
By definition, the obligation applies to all those who commercially:
- Manufacture products under their own brand name and place them on the German market for the first time.
- Resell electrical and electronic equipment from other suppliers in their own products and/or under their own brand name in Germany.
- Introduce and place electrical equipment on the German market for the first time.
What are the consequences of non-licencing?
Infringements against compulsory registration and the take-back obligation according to the German Electrical and Electronic Equipment Act constitute an offence that is punishable with a six-figure fine. Incorrect or non-registration is an offence and is also considered a infringement of competition law that is subject to a warning.
By registering with Stiftung ear, the obligated companies receive an eight-digit WEEE number, which must be stated in daily business transactions analogous to the VAT number. In addition, all obligated companies are kept in a publicly accessible register. Transparency for third parties and the risk of a warning under the German Electrical and Electronic Equipment Act are correspondingly high. This leads to the desired effect that the market regulates itself.
How can manufacturers ensure the fulfilment of their obligations under ElektroG as easily as possible?
Each obligated manufacturer, distributor, importer and direct selling company must register with the competent authority (Stiftung ear) in accordance with the German Electrical and Electronic Equipment Act before the relevant products can be placed on the market. Incidentally, the mere offering of electrical equipment also requires registration. Registration can be described as laborious. Broadly speaking, manufacturers must take and observe the following three steps:
- Registration of all brands/equipment types on the basis of annual planned quantities – from approval and the receipt of the WEEE number, the monthly actual quantity report and an annual report.
- Depositing of insolvency-proof guarantees with security for recourse claims with Stiftung ear – the amount depends on planned quantities.
- Ensuring the Germany-wide disposal of collection containers for waste electrical and electronic equipment at recycling centres. Manufacturers are assigned collection orders/supply arrangements (disposal orders) throughout Germany and they must have the containers collected within 96 hours.
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