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Packaging Act

Device categories included in ElektroG

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The Electrical and Electronic Equipment Act (ElektroG) is the German implementation of the EU WEEE Directive (2012/19/EU). It regulates the placing on the market, take-back and environmentally sound disposal of electrical and electronic equipment. Since August 15, 2018, the scope of application has been open, meaning that all electrical appliances are covered by the law unless they are explicitly excluded. Appliances are divided into six categories that are relevant for recycling rates and take-back obligations.

Category 1: Temperature Exchange Equipment

Temperature exchange equipment includes electrical devices with integrated circuits that use substances such as gases, oils, refrigerants, or secondary fluids (excluding water) for cooling, heating, or dehumidifying. This category includes devices of any size, provided they meet the technical criteria. These devices often contain environmentally hazardous substances like refrigerants, which require professional disposal. Online retailers are subject to the 1:1 take-back obligation, meaning old devices must be collected free of charge when delivering a new one (§ 17 (1) ElektroG). The minimum recovery rate is 85% (§ 22 (1) ElektroG). Manufacturers must register these devices with the Stiftung EAR to ensure proper disposal.

Examples: refrigerators and freezers, air conditioners, heat pumps, boilers, oil radiators, dehumidifiers

Category 2: Screens, Monitors, and Devices with Screens Larger Than 100 cm²

This category includes display equipment and monitors of any size, as well as devices with screens larger than 100 cm². The primary function of these devices is to display images or information electronically.

These devices often contain heavy metals such as mercury or lead and other hazardous substances, requiring proper disposal. The 1:1 take-back obligation requires online retailers to accept old devices free of charge upon delivery of a new one (§ 17 (1) ElektroG). The minimum recovery rate is 75% (§ 22 (1) ElektroG). Manufacturers must register these devices with the Stiftung EAR and provide a WEEE number.

Examples: televisions, computer monitors, laptops, tablets, smartphones (if screen size meets the requirement), digital photo frames, e-book readers

Category 3: Lamps

All types of lamps fall under this category, regardless of size or technology. This includes replaceable light sources designed for use in luminaires and typically made of ceramic, metal, glass, or plastic.

Lamps often contain mercury or other hazardous substances, so their disposal is strictly regulated. Online retailers must provide accessible return options, both for 1:1 returns (with the purchase of a new device, § 17 (1) ElektroG) and 0:1 returns (without a new purchase, for devices up to 25 cm, § 17 (2) ElektroG). The recovery rate for lamps is at least 80% (§ 22 (1) ElektroG). Since February 2016, household lamps are subject to registration.

Examples: incandescent bulbs, fluorescent lamps, LED lamps, high-pressure gas discharge lamps, energy-saving lamps

Category 4: Devices with External Dimensions Exceeding 50 cm (Large Equipment)

Large equipment includes electrical devices where at least one external dimension exceeds 50 cm. These devices are particularly resource-intensive due to their size and material composition.

They are subject to the 1:1 take-back obligation, requiring online retailers to collect the old device free of charge when delivering a new one (§ 17 (1) ElektroG). The minimum recovery rate is 85% (§ 22 (1) ElektroG). Manufacturers must register these devices with the Stiftung EAR.

Examples: washing machines, dishwashers, refrigerators, stoves, range hoods, large medical devices, pedelecs without type approval, large photovoltaic modules, large tools, exercise bikes

Category 5: Devices with No External Dimension Exceeding 50 cm (Small Equipment)

Small equipment includes electrical devices where none of the external dimensions exceed 50 cm. These are generally easier to handle and dispose of.

Online retailers must provide return options at reasonable distances, both for 1:1 take-back (upon purchase of a new device, § 17 (1) ElektroG) and 0:1 take-back (without a purchase, for devices up to 25 cm, § 17 (2) ElektroG). The recovery rate is at least 75% (§ 22 (1) ElektroG).

Examples: vacuum cleaners, microwaves, hair care devices, small photovoltaic modules, drones, toasters, coffee machines, toys, lamps, measuring instruments

Category 6: Small Information and Telecommunication Devices with External Dimensions Under 50 cm

This category includes small IT and telecommunications devices with dimensions under 50 cm. These are primarily used to collect, transmit, process, store, and display information.

They often contain valuable raw materials like gold, silver, and copper, which can be recovered through recycling. As with category 5, online retailers must offer return options for 1:1 (with purchase, § 17 (1) ElektroG) and 0:1 (without purchase, for devices up to 25 cm, § 17 (2) ElektroG). The recovery rate is at least 75% (§ 22 (1) ElektroG).

Examples: mobile phones, computers, routers, printers, tablets, plug-and-play car GPS devices, ICT adapters

Exemptions

Not all devices fall under the ElektroG regulations. Certain devices are excluded according to § 2 (2) ElektroG. These include:

  • Devices intended to ensure national security, such as weapons or military-only equipment

  • Components built into another device that is not covered by ElektroG and only function within that device

  • Incandescent lamps

  • Equipment designed for use in space

  • Stationary industrial large tools

  • Stationary large-scale installations, except devices not specifically designed for them

  • Passenger and goods transport vehicles, except electric two-wheelers without type approval

  • Mobile machinery

  • Equipment manufactured solely for R&D and only distributed between companies

  • Medical and in-vitro diagnostic devices likely to become infectious, and active implantable medical devices

What Are B2B and B2C Devices?

Devices are classified as Business-to-Consumer (B2C) and Business-to-Business (B2B). B2C devices are suitable for private households and require an insolvency-proof guarantee and extensive administrative duties. B2B devices are intended for commercial use and have fewer documentation requirements, e.g., only annual statistical reporting. Since 2022, B2B manufacturers must submit a take-back concept, which is reviewed by Stiftung EAR.

B2C Devices Include:

  • Temperature exchange equipment used in private households

  • Display devices used in private households

  • Gas discharge lamps used in private households

  • Lamps used in private households

  • Large appliances used in private households

  • Large photovoltaic modules used in private households

  • Small devices used in private households

  • Small photovoltaic modules used in private households

  • Small IT and telecommunication devices used in private households

B2B Devices Include:

  • Temperature exchange equipment for exclusive non-household use

  • Display devices for exclusive non-household use

  • Lamps for exclusive non-household use

  • Large appliances for exclusive non-household use

  • Large photovoltaic modules for exclusive non-household use

  • Small devices for exclusive non-household use

  • Small photovoltaic modules for exclusive non-household use

  • Small IT and telecommunication devices for exclusive non-household use

Additional Information

  • Device Registration: Manufacturers are required to register their devices with the Stiftung EAR and apply for a WEEE number, which must be included on invoices. Registration is based on device type and brand, with classification as B2C or B2B playing a decisive role.
  • Take-Back Obligations: Since January 2022, online retailers with a sales area under 800 m² must offer free 1:1 take-back for categories 1, 2, and 4. For categories 3, 5, and 6, they must provide accessible return locations. As of July 2022, the take-back obligation also applies to grocery stores with more than 800 m² of retail space that occasionally sell electrical devices. The 0:1 take-back rule allows consumers to return up to three devices per type (≤ 25 cm) without making a new purchase.
  • Labeling: Since 2023, B2B devices must be labeled with the crossed-out wheeled bin symbol. For B2C devices, this requirement has been in effect for a longer period. Inventory produced by December 31, 2022, is exempt from retroactive labeling requirements.