The ElektroG applies to more than just traditional manufacturers. The law defines a ‘producer’ as anyone who first places electrical equipment on the German market. This includes importers, resellers selling under their own brand, and cross-border online retailers shipping directly to German customers. Even offering a non-registered device for sale is considered a violation. You must immediately determine if your business activities fall under these broad definitions. Failing to identify yourself as a producer is the first step toward non-compliance. Understanding this scope is the first step to achieving legal compliance. This broad applicability means thousands of international businesses must adhere to the law.

Before selling a single item in Germany, you must register with the Stiftung Elektro-Altgeräte Register (EAR). This registration is mandatory for every brand and equipment type you sell. The process involves creating an account, providing detailed product information, and can take 8-10 weeks to complete. Upon successful registration, you receive a WEEE-Reg.-Nr. (WEEE registration number), which must be displayed on invoices. Without this number, you are legally barred from the German market. You can learn more about how to register for WEEE and secure your market access. The next step involves securing a financial guarantee for your products.

If you sell products that can be used in private households (B2C), the ElektroG requires you to provide an annual insolvency-proof guarantee. This financial security ensures that your products can be properly disposed of even if your company becomes insolvent. It is a prerequisite for completing your registration with Stiftung EAR for all 6 B2C equipment categories. Without this guarantee, your registration application will not be approved. The cost of the guarantee depends on factors like equipment type and the tonnage placed on the market. You must register with Stiftung EAR to fulfill this critical step. This financial requirement protects the taxpayer from future disposal costs.

Companies without a physical branch in Germany cannot register with Stiftung EAR themselves. The law mandates that you appoint a German-based authorized representative to handle all your ElektroG obligations. This representative takes full legal responsibility for your compliance, from registration to reporting. The mandate must be in writing, in German, and submitted to Stiftung EAR for approval. Only one authorized representative can be appointed for all your brands and equipment types. It is essential to find an authorized representative to operate legally. This ensures German authorities have a domestic contact point for enforcement.

Ignoring your obligations under the ElektroG leads to severe consequences. The German Federal Environment Agency (UBA) can issue fines of up to €100,000 for each violation, such as selling unregistered equipment. Incorrectly labeling products or failing to offer take-back options can also result in penalties of this magnitude. Beyond fines, authorities can issue sales bans and even skim profits earned from illegal sales. Online marketplaces are now required to verify your compliance, meaning non-compliant listings will be blocked. You must act to check if your products require registration. These enforcement measures are designed to ensure a level playing field for all market participants.

The requirements of the ElektroG are complex and the consequences of inaction are severe. You must take steps today to ensure your business is 100% compliant. Waiting for a warning letter is too late and exposes your company to significant financial and operational risk. The first step is a thorough review of your obligations. The following checklist outlines your immediate duties:

• Confirm if you are a ‘producer’ under the ElektroG definition.
• Appoint a German-based authorized representative if you have no branch in Germany.
• Gather all necessary documents for Stiftung EAR registration.
• Secure an insolvency-proof guarantee for any B2C products.
• Prepare for monthly and annual quantity reporting.

Do not delay in addressing these legal duties. Contact Deutsche Recycling today for a consultation to ensure you can continue selling in Germany without interruption. We handle the entire process, letting you focus on your business.