EU Directive for EPR – Packaging Act, WEEE & BattG
The EU Directive (Directives) for EPR or Extended Producer Responsibility reflects an environmental policy approach that holds manufacturers, companies, and sellers responsible for packaging, electrical appliances, and batteries that become waste at the consumer’s end. The so-called extended producer responsibility under the EU Directive regulates not only disposal and recycling but also take-back. The German Packaging Act is based on EU directives. Other countries, in turn, incorporate the “EPR EU Directive” into their own national requirements. But what does the EU Directive for EPR actually entail, what laws are there, and how do you fulfill your obligations? That’s exactly what we’ve taken a closer look at for you in this article.
With the EU Directive for EPR, as a manufacturer, seller, and distributor of packaging, you are obligated to participate in sustainable packaging waste management. This applies equally to electrical and electronic devices as well as batteries. The EU Directive is translated into national law by each country itself, which means you must adhere to the guidelines of the target market when exporting. The aim of the EU Directive for EPR is to reduce environmental impacts throughout the entire life cycle up to recycling.
The Framework of the EPR EU Directive
To understand the EU Directive regarding packaging and packaging waste, we will examine the individual aspects and objectives of the regulation below. The aim of the EU Directive is to minimize environmental impacts, increase recycling, and thereby make a significant contribution to environmental goals and the European Green Deal for climate neutrality by 2050. The focus is on incentivizing preventive measures, thereby promoting reusable packaging in the long term and reducing single-use packaging. The EU Directive includes specific requirements for how packaging waste, glass, paper and cardboard, as well as metals, plastics, and wood, must be disposed of. At the same time, the EU Directive places obligations on manufacturers with EPR, referred to in the longer version as extended producer responsibility. As a manufacturer, you must, within the framework of packaging and packaging waste generated during production and sales, participate in the costs of collecting, sorting, and processing in accordance with the EU Packaging Directive for EPR. The deadline for the implementation of all EU Directives for EPR is 2025. The framework for this is left to each EU country. As a seller in other target markets, you must adhere to national regulations. In addition to producer responsibility, the EU Directive also relates to information and labeling obligations. This means that as a manufacturer and distributor, you have the task of providing packaging and packaging waste in accordance with their handling and disposal.
How to Fulfill the EU Directive for EPR?
Under the EU Directive for EPR and national packaging laws (Packaging Act), as a manufacturer, you are obliged to license your packaging. This also applies to electrical and electronic devices (WEEE) and batteries. To provide evidence of compliance with the EU Directive for EPR, depending on what you distribute, you need the registration number of the LUCID packaging register for packaging, system participation and reporting, the WEEE number for electrical and electronic devices, and the battery registration number. The EU Directive for EPR is based on three responsibilities that retailers must assume:
• Financial responsibility based on fees per quantity of product
• Information obligation
• Take-back obligation
According to the EU Directive, we will subsequently examine the three core product categories of packaging and packaging waste, electrical and electronic devices, and batteries in detail.
EU Directive for Packaging and Packaging Waste
The advancing digitization now allows us to order goods from the internet from anywhere – and with just a few clicks. The shipment volumes at Amazon worldwide now exceed four billion per year, with a further upward trend. For this reason, the EU felt compelled to reduce the environmental impact of the increasing number of packaging and packaging waste through the EU Directive. The EPR EU Directive urges retailers to participate in the disposal of primary packaging (which directly encloses the product and reaches the end consumer), secondary packaging (for sales units), and tertiary packaging (transport packaging).
In Germany, the EU Directive was implemented within the Packaging Act (Packaging Act). As a company engaged in commercial activities, you are subject to the requirements of the Packaging Act if you fill, have filled, or import packaging yourself, or import products into Germany. If you export products, you must adhere to the translation of the EU Directive in the respective country.
The regulation is overseen by the Central Packaging Register Foundation (ZSVR). Here, for the EPR EU Directive, you must register your packaging subject to system participation (according to § 9 Packaging Act) and receive the LUCID registration number. You then conclude a contract with system participation and report the quantities of products. The data reporting obligation (according to § 10 Packaging Act) is the basis for fee calculation.
If you disregard the EU Directive or the national EPR law, you may face high fines, warnings, and a sales ban.
If you are unsure about the EU Directive, do not underestimate the complexity. The experts at Deutsche Recycling GmbH are happy to support you.
EU Directive for Electrical and Electronic Devices (WEEE)
Technology is also constantly improving. Every year, the latest smartphones with even more features hit the market, and modern, innovative TV sets promise increasingly cinematic enjoyment in your own living room. Even advanced devices like power banks, headphones, and others rarely have a long life cycle before being replaced by the latest generation. To reduce the environmental impact of the increasing mass of discarded electronics, the EU Directive for electrical and electronic devices (WEEE) was issued. As a manufacturer, you are responsible for environmentally friendly collection, treatment, and recycling through the licensing and registration of your electrical and electronic devices.
The WEEE guidelines include:
• Refrigerators
• Televisions
• Laptops
• Computer monitors
• Lamps
• Vacuum cleaners
• Toasters
• Smoke detectors
• Washing machines
• Dishwashers
• Smartphones
• GPS devices
• and much more
The EU Directive for electrical and electronic devices states that you must label your electrical or electronic devices. Usually, this is a crossed-out waste bin symbol combined with a black bar below the crossed-out disposal container or the date of placing on the market and the brand logo or mark. In Germany, the EU Directive for electrical and electronic devices was incorporated into the Electrical Equipment Act (ElektroG). Registration is carried out by the EAR Foundation (Electrical Waste Register). As a manufacturer, distributor, and importer of electrical and electronic devices within Germany, you are subject to registration requirements according to § 6 ElektroG, labeling requirements according to § 9 ElektroG, and take-back obligations according to § 7a ElektroG. The same applies to this EU Directive: if you act contrary to the requirements, you may face penalties. Also, consider the corresponding implementations in other countries.
EU Directive for Batteries
In addition to the electrical and electronic devices themselves, batteries require special handling due to their material composition, including chemical substances. Consequently, the EU Directive for Batteries complements the WEEE Directive. The aim of this directive is to hold traders responsible for the collection and return, recycling, environmentally friendly disposal, or reuse of batteries.
The three battery systems covered by the EU Directive include:
• Portable, encapsulated batteries for devices
• Batteries for industrial applications and for use in electric vehicles
• Automotive batteries
Additionally, non-rechargeable and rechargeable batteries are distinguished. In Germany, the implementation of the EU Directive for Batteries is governed by the Battery Act (BattG). The EU Battery Regulation (BattV) was replaced with the revision of the new Battery Act. If you are a manufacturer introducing batteries or accumulators into circulation for the first time, importing them, or selling products with batteries, you must register with the EAR Foundation for the corresponding battery brand and class according to the EPR EU Directive and national requirements. You must ensure the return or proper disposal (according to § 5 BattG) of used batteries returned by consumers. Additionally, participation in a nationwide take-back system is required (§ 7 BattG).
Good to know: As a reseller, you collect a deposit on vehicle batteries, which you refund upon return. Furthermore, the EU Directive encompasses the correct labeling of batteries. Mandatory instructions according to § 17 BattG should inform end users about the composition. Regular reporting is obligatory. Keep in mind with the Battery Act (BattG) and the EU Directive that non-compliance may result in fines and other consequences. You must also comply with the laws of other countries when exporting batteries or products with batteries.
Implementing the EU Directive in the EU
Each EU member state is responsible for transposing the EU Directive into national laws. Consequently, the requirements are so individual and varied that it is not always easy for you as a trader, manufacturer, and seller to comply with the obligations in other target markets. Since it depends not on the translated EU directives of the country where you are based but on those of the country you export to, you should partner with us at Deutsche Recycling GmbH. We conduct compliance checks and can precisely determine which requirements of the EU Directive for the EPR apply to you – cost-effective and compliant with regulations. We are happy to assist you with your registrations, returns, recycling, and much more.
