The WEEE Directive 2012/19/EU mandates that all producers selling in the EU are responsible for their electronic waste. In Germany, the ElektroG translates this into national law, requiring action from day one of market entry. There is no grace period; compliance is a prerequisite for selling even a single unit. The directive aims to recycle a minimum of 4 kilograms per capita annually, a target enforced through producer obligations. Failure to comply is not a minor oversight; it is a significant legal breach. You must act now to align with these EU directives. For companies that have not yet taken action, the first step is to get legal compliance help. The complex web of regulations across 27 member states necessitates expert guidance to avoid violations.

The term ‘producer’ under ElektroG is broad, covering more than just manufacturers. It includes any company that first places electrical equipment on the German market, including importers and online retailers selling cross-border. If your business sells electronics to German customers from another country, you are considered a producer. Companies without a physical subsidiary in Germany have a mandatory requirement: you must appoint a WEEE authorized representative. This representative assumes your legal duties within Germany, a process that must be completed before selling your first product. Understanding your specific role is the first of seven key producer obligations under the WEEE directive. This legal status triggers immediate responsibilities for financing and managing waste collection. To understand your specific obligations, a detailed assessment of your business model is necessary.

Before selling any electronics in Germany, registration with the Stiftung Elektro-Altgeräte Register (EAR) is mandatory. This process assigns you a unique WEEE number (e.g., DE 12345678), which must be used in all business transactions. Selling without this registration can lead to fines of up to €100,000. The registration process itself requires detailed information:

• Company and brand details for each product line.
• The specific equipment type out of 6 official categories.
• Proof of an insolvency-proof guarantee for B2C products.
• For foreign companies, designation of a German authorized representative.

The application process can take over six weeks, making early action critical. A specialist partner can help you legally place electronics on the market by managing this entire process. This ensures all documentation is correct from the start, preventing costly delays.

Once registered, you must establish a functional system for taking back and recycling old equipment. Retailers, including online sellers with over 400 m² of storage area for electronics, must provide free take-back options for customers. This includes two primary scenarios:

1. 1:1 Take-Back: Accepting a similar old device when a customer buys a new one.
2. 0:1 Take-Back: Accepting up to five small devices (under 25 cm) per customer, even without a new purchase.

You are responsible for financing these operations, either by creating an individual system or joining a collective scheme. These schemes manage logistics and ensure waste is treated at certified facilities. Partnering with an expert provides access to established WEEE take-back solutions, guaranteeing compliance with all disposal and reporting requirements. This step is crucial for fulfilling your extended producer responsibility.

The consequences of ignoring the ElektroG are severe and designed to ensure compliance. Fines are the most direct penalty, with up to €100,000 for administrative offenses like failing to register or offering improper take-back. Beyond fines, authorities can issue sales bans, effectively halting your business in Germany. They can also order the skimming of profits earned illegally. In some EU jurisdictions, non-compliance can even lead to criminal prosecution and imprisonment for up to six years. These risks demonstrate the urgency of the situation. If you have not yet taken action, contact Deutsche Recycling immediately to implement a compliant system and protect your business. A compliant take-back system for online retailers is not just good practice; it’s a legal shield.

Navigating the requirements of the WEEE Directive and ElektroG across multiple EU countries is a significant administrative burden. Each country has its own registration portal, reporting deadlines, and fee structures. A mistake in one jurisdiction can have cascading effects. Deutsche Recycling acts as your single point of contact, managing all aspects of your environmental compliance. We handle EAR registration, appoint authorized representatives where needed, and manage all take-back, recycling, and reporting duties. This ensures 100% legal conformity. By outsourcing these complex tasks, your team can focus on its core business with the assurance of full compliance. To manage your EU obligations effectively, professional support is the most reliable path forward.