Electrical and Electronic Equipment Act (ElektroG)
For about 15 years now, the so-called Electrical and Electronic Equipment Act (official title: “Act on the placing on the market, return and environmentally sound disposal of electrical and electronic equipment”) has regulated that manufacturers of electrical products must consider disposal at the end of the product’s life as early as during production and distribution.
According to the legislator’s definition, the aim of the Electrical and Electronic Equipment Act is “to avoid waste from electrical and electronic equipment and, furthermore, to prepare for re-use, recycling and other forms of recovery of such waste in order to reduce the amount of waste to be disposed of and thereby improve the efficiency of resource use.”
All manufacturers or importers of electrical products are obliged to register with the EAR Foundation in Nuremberg
(§ 6 ElektroG). The prerequisite for the registration obligation is that a manufacturer or importer places electrical products, which are more precisely defined electrical or electronic devices, on the German market for the first time. If the registration obligation is violated, there is a sales ban (§ 6 para. 2 ElektroG). Manufacturers from abroad who do not have a registered office in Germany must appoint an authorized representative. This is then regularly, but not necessarily, the importer. Overall, the definition of manufacturer is very broadly formulated, so that, for example, dealers who distribute products to Germany via distance selling also fall under the ElektroG.
To ensure that the manufacturer/importer or authorized representative fulfills their obligations, the ElektroG obliges all dealers to ensure that the manufacturer or importer has fulfilled their obligations; otherwise, they also face a sales ban (§ 6 para. 3 ElektroG). The dealers have now also been obliged to register themselves under certain circumstances.
Those who do not comply with the registration and reporting obligations must expect substantial fines. In addition, competitors or certain associations can issue warnings.
Therefore, dealers, manufacturers and so-called authorized representatives are urgently advised to carry out the registration – and not only in Germany or one EU country, but according to the legal requirements of the respective delivery country in each individual distribution country separately!
The decisive question is thus whether there is an obligation to register. It is therefore always necessary to clarify whether an electrical or electronic device subject to registration is being placed on the market or distributed.
The list of products subject to registration has been repeatedly expanded. For example, on August 15, 2018, an extension of the products for which manufacturers and distributors are required to register came into force. According to the definition in § 2 para. 1 ElektroG, the following product categories must now be observed:
1. Heat transfer equipment,
2. Screens, monitors and equipment containing screens with a surface area of more than 100 square centimeters,
3. Lamps,
4. Equipment where at least one of the external dimensions exceeds 50 centimeters (large equipment),
5. Equipment where none of the external dimensions exceeds 50 centimeters (small equipment), and
6. Small information technology and telecommunications equipment, where none of the external dimensions exceeds 50 centimeters.
There are exceptions to this, such as certain “incandescent lamps” or medical devices. Therefore, before registration, it must always be checked whether registration obligations exist – and in which category. Because the costs that arise after registration often depend directly on this. This question is not always easy to answer: for example, the question of whether mobile conference rooms that have electronic components are subject to a reporting obligation, for instance as large electrical equipment, or whether the exception for “stationary large installations” applies. Many more examples could be listed.
Since May 1, 2019, so-called passive devices have also been subject to the registration obligation. This means that now power outlets, pre-assembled cables, or antennas must also be registered.
Expert legal advice is often required – both for the question of whether registration is required in principle and, specifically, which category applies to which products.
We also provide support with the operational implementation of registration and reporting obligations, as well as with the selection of appropriate providers who coordinate the monthly and annual reports.