The field of lamps and luminaires has undergone significant changes since the introduction of the Electrical and Electronic Equipment Act (ElektroG) in 2005. Since the revision of the new ElektroG in 2018, lamps even constitute their own category within the legal framework. The frequent adjustments in this area are partly due to the decision to prohibit the use of traditional light sources such as the 60W incandescent lamp.
Background:
The ElektroG implements the European WEEE Directive in Germany. This regulates how electrical and electronic equipment must be placed on the market, taken back, and disposed of in an environmentally sound manner within the EU. All equipment covered by the ElektroG is divided into six categories, which are relevant for the respective recovery rates under § 22 paragraph 1.
- Category 1: Heat exchangers
- Category 2: Screens, monitors, and devices containing screens with a surface area of more than 100 cm²
- Category 3: Lamps
- Category 4: Devices where at least one of the external dimensions exceeds 50 centimeters (large appliances)
- Category 5: Devices where none of the external dimensions exceed 50 centimeters (small appliances)
- Category 6: Small IT and telecommunication devices where none of the external dimensions exceed 50 centimeters
Category 3, 4 or 5 – What applies to lamps and luminaires?
In the ElektroG, lamps and luminaires are clearly distinguished and assigned to their respective categories.
- Lamps form their own product category in Category 3.
- Luminaires are classified according to their size either as large appliances (Category 4) or small appliances (Category 5).
To make the correct classification, it is essential to know the difference between lamps and luminaires.
Lamp
Under the ElektroG, lamps are defined as “devices for the generation of light.” They are electric light sources that can be used and replaced in equipment such as luminaires, projectors, or tanning beds. Accessories such as sockets, power supply, and reflectors are included if they are inseparably connected with the lamp.
Lamps include:
- (Compact) fluorescent lamps
- Gas discharge lamps
- LED lamps (including those with additional functions such as speakers)
Excluded are halogen and conventional incandescent lamps (§ 2 paragraph 2 No. 3 ElektroG). The term “lamp” is often mistakenly used instead of “luminaire,” e.g., for flashlights.
Luminaire
According to the ElektroG, luminaires are devices that distribute, filter, or transform the light of one or more lamps. They include all necessary components for holding, protecting, and connecting the lamps as well as other accessories, provided these are permanently integrated with the luminaire.
Depending on size, luminaires fall into:
- Category 4 (large appliances, at least one side >50 cm)
- or Category 5 (small appliances, all sides ≤50 cm).
Why must lamps and luminaires be registered?
The recyclability of electrical equipment is becoming increasingly important due to climate change and sustainability concerns. Lamps and luminaires in particular often contain valuable or hazardous substances that must be properly disposed of and recycled.
The main goal is the protection of the environment and health, as well as waste reduction through proper recycling. Manufacturers must register lamps and luminaires under the ElektroG before selling them in Germany. Dealers selling products under their own brand are also often required to register—this also applies when exporting abroad.
What does your obligation under the German ElektroG look like?
If your business is subject to the ElektroG, you are legally required to comply with the following obligations:
- Device Registration: You must register your products with stiftung ear (the official German register for electrical and electronic equipment).
- Registration Number: The registration number assigned by stiftung ear must be included in your business documents.
- Guarantee of Insolvency Protection: You must provide proof of an insolvency-proof guarantee.
- Product Labeling: All products covered by the ElektroG must carry the prescribed symbol.
- Monthly Reporting: You are required to submit monthly reports on the products you place on the market.
- Collection Orders: You must comply with and accept collection orders from stiftung ear for public waste management authorities.
- Proof of Compliance: You are obliged to maintain proper records of all the above activities.
- Return Facilities: For private consumers, you must provide appropriate return points for end-of-life products.
What you need to consider when registering
It is important that all obligations are met and that all information is accurate and complete. Failure to fulfill obligations, either in full or in part, may result in administrative and civil sanctions. Sanctions also apply if mistakes are made out of ignorance.
Do you have questions, need detailed advice, or want these obligations to be handled for you in a legally compliant manner? Contact us! Deutsche Recycling will support you reliably and securely.
Lamps and Luminaires
What is the difference between ‘first distributor’ and ‘retailer’ under the ElektroG?
The ‘first distributor’ is the person or company that places an electrical or electronic device on the market within the scope of the ElektroG for the first time—for example, an importer or manufacturer. A retailer is anyone who provides or offers the devices, in particular dealers or online shops. Both may be required to register depending on the case.
How do I correctly label my lamps and luminaires under the ElektroG?
Electrical and electronic devices, including lamps and luminaires, must be permanently marked with the symbol of the “crossed-out wheeled bin” and the manufacturer registration number (WEEE-Reg.-Nr.). The marking must be clearly visible on the product or—if this is not possible—on the packaging.
What happens if I do not register my products?
An unregistered product may not be sold in Germany or most EU countries. Violations of the ElektroG are punished with fines of up to €100,000 per individual case. In addition, exclusion from sales on online marketplaces such as Amazon or eBay is possible.
How does the take-back of old lamps and luminaires work for end customers?
Retailers and distributors with a sales area of at least 400 m² are obliged to take back old equipment free of charge—either at the point of sale or in the immediate vicinity. Consumers can also return old lamps at official collection points.
