Major Changes from the New German WEEE Regulation (ElektroG)

The new ElektroG transposing the EU WEEE Directive (2012/19/EU) into German law has entered into force on October 24, 2015.

Producers, retailers and distance sellers have to fulfil a number of new and modified obligations from the new ElektroG, e.g.

• Definition of “producer” has been extended to distance sellers from abroad offering or selling EEE directly to German end-users
• Foreign producers have to appoint a German authorized representative, who fulfils all responsibilities under the new ElektroG in his own name, such as registration, reporting, information of users etc. Moreover, foreign producers need to adapt their registration with Stiftung ear accordingly
• Guarantee requirements have been changed: i.e. the blocked bank account is not accepted anymore as financial guarantee from 2016, however a new option for smaller volumes has been introduced
• Retailers with a sales area for EEE of at least 400m² have to take back small EEE (with a maximum edge length of 25 cm) from consumers free of charge and without the consumer buying new products; in the case of direct sellers (e.g. webshops) each EEE storage and consignment area in Germany is considered
• Information of consumers: producers and retailers have to inform private households about the take back possibility they have setup, the erasure of personal data before returning WEEE, and the meaning of the crossed-out wheeled waste bin symbol
• Fee schedule (“Gebührenverzeichnis”) has been changed: some fees charged by Stiftung ear have been decreased, others have been increased considerably; moreover new fees have been introduced, e.g. for the approval of an authorized representative and for the change of the registered type of equipment after reassignment
• The catalogue of sanctions has been extended: now also e.g. improper labelling and the improper setup of an authorized representative are regarded as a regulatory offence and can be fined

So far only a German version is available:  http://www.bgbl.de/xaver/bgbl/start.xav?startbk=Bundesanzeiger_BGBl&jumpTo=bgbl115s1739.pdf
The related new cost ordinance (ElektroGGebV) can be found here:  http://www.bgbl.de/xaver/bgbl/start.xav?startbk=Bundesanzeiger_BGBl&jumpTo=bgbl115s1776.pdf

1cc is happy to advise you individually in analyzing the impact of new requirements on your business and on your WEEE registrations. Furthermore, 1cc has developed several new services in order to support your company to fulfil new and modified obligations from the new ElektroG.

For more information, please contact us at info@1cc-consulting.com.