Elektrogesetz (ElektroG) 2024 – What’s New This Year?
Every year brings changes in legislation, and the Elektrogesetz (ElektroG) is no exception. In this article, we’ll discuss what changed in 2023 for manufacturers, retailers of electronic devices, marketplace operators, and fulfillment service providers, and what new obligations and penalties have been introduced for 2024 under the new ElektroG.
In 2024, the third revision of the ElektroG introduces several key measures: increasing electronic device collection rates, preventing improper lithium battery disposal, clarifying the categorization of old devices at municipal collection points, standardizing consumer information, and improving labeling at these sites. Additionally, the updated ElektroG imposes new requirements for the return of disposable electronic cigarettes.
Changes for Marketplace Operators and Fulfillment Service Providers
Manufacturers of electrical and electronic equipment were required last year to provide their registration number from the Stiftung EAR to the respective marketplaces and fulfillment providers they used for their products. Initially, they were granted a transition period until January 1, 2023.
In its session on November 25, 2022, the German Bundesrat approved the extension of the transition period for operators of online marketplaces and fulfillment service providers regarding manufacturer registration under the Electrical and Electronic Equipment Act (ElektroG).
The transition period was extended from January 1, 2023, to July 1, 2023, giving online marketplaces and fulfillment service providers an additional six months to ensure they only allow the sale of electrical and electronic devices from registered manufacturers or offer their services exclusively for such devices.
Starting July 1, 2023, fines were imposed on non-compliant marketplace operators and fulfillment service providers. If a manufacturer is not properly registered, the following actions are now prohibited:
- Distributors cannot offer the manufacturer’s electrical and electronic equipment for sale (existing regulation).
- Online marketplace operators cannot allow or facilitate the sale or availability of the manufacturer’s electrical or electronic equipment.
- Fulfillment service providers cannot handle the storage, packaging, labeling, or shipping of the manufacturer’s electrical or electronic equipment (§ 6 Abs. 2 S. 2 ElektroG).
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Labelling of devices in the B2B sector has become mandatory
Before the amendments to the ElektroG came into force last year, only appliances that can be used in private households (= appliances for which a guarantee within the meaning of Section 7 (1) ElektroG must be provided) had to be labelled with the crossed-out wheelie bin symbol. However, with the previous amendment, EU law requires all devices, including those from the B2B sector, to be labelled accordingly.
However, devices placed on the market before 31 December 2022 do not need to be labelled with the crossed-out wheelie bin symbol, not even retrospectively.
Electrical and Electronic Equipment Act: New concretisation and standardisation of information
Around 80% of all waste electrical and electronic equipment is handed in by private households at recycling centres. The Electrical and Electronic Equipment Act 2024 will therefore now specify the sorting process due to the increasing volume of lithium batteries, for example. At the same time, the Electrical and Electronic Equipment Act will redefine consumer information at collection points and standardise it nationwide.
Another important part of the Electrical and Electronic Equipment Act 2024: the 0:1 take-back scheme will be introduced. Old appliances can be returned even if no new appliance is purchased for them. Following the amendment to the ElektroG, this applies to small electrical appliances with a maximum edge length of up to 50 cm. Previously, take-back was limited to appliances with an edge length of 25 cm.
Electrical and Electronic Equipment Act 2024 and the labelling of collection and take-back points
Section 18a of the amendment to the German Electrical and Electronic Equipment Act will require all collection and take-back points to be labelled with a symbol that is clear to consumers and uniform throughout Germany. According to the Electrical and Electronic Equipment Act 2024, distributors of electronic equipment who are obliged to take back electronic equipment must display this clearly visible, coloured and in DIN A4 format in the entrance area. In addition, information on proper disposal must be displayed on boards and signs near the electrical appliance.
Anyone who ships their electrical goods must place the legally stipulated symbol on the product pages and/or ensure that it is visible and legible when ordering and provide information about collection and return.
In 2023, it was added that an authorisation must always be granted for at least three months in order to prevent non-transparent changes of authorised representative. If an authorised representative represents more than 20 manufacturers, they have also required approval from the EAR Foundation since 1 January 2023.
Handling of disposable electronic cigarettes with the ElektroG 2024
As part of the amendments to the Electrical and Electronic Equipment Act 2024, distributors of disposable electronic cigarettes are obliged to ensure that they are taken back free of charge. This obligation applies regardless of whether a new product is purchased at the same time. The regulation aims to improve the recycling of materials from the ever-increasing number of disposable products and reduce the environmental impact.
Distributors who sell or have sold disposable electronic cigarettes in the last six months must set up corresponding take-back points by 30 June 2026 at the latest in accordance with the Electrical and Electronic Equipment Act 2024. After this date, the take-back obligation will no longer apply to retailers who no longer sell disposable electronic cigarettes.
In addition, distributors are required to clearly label and inform the take-back centres in accordance with the provisions of Section 18a (2) to (4) of the Electrical and Electronic Equipment Act 2024.
water heater in modern boiler room
Collection group for boilers & hot water storage tanks remained unchanged
Boilers and hot water storage tanks were previously assigned to collection group 1 as heat exchangers in the ElektroG before 2023. However, the BMUV believes that this was an oversight in the previous legislative process. The BMUV saw a reclassification as absolutely necessary.
Due to well-founded counterarguments from the waste management industry, there was ultimately no reclassification from equipment category 1 to general categories 4 and 5. Everything therefore remains as it was.
