ElektroG and WEEE: What companies in online retail need to consider

ElektroG and WEEE: Basics and Relevance for Online Retail

What is the ElektroG?

The ElektroG (German Electrical and Electronic Equipment Act) is the national implementation of the European WEEE Directive (Waste Electrical and Electronic Equipment Directive). It regulates the placing on the market, take-back, and environmentally sound disposal of electrical and electronic equipment. The law aims to minimize e-waste, conserve resources, and ensure proper disposal.

Manufacturers and retailers are required to register with the Stiftung Elektro-Altgeräte Register (stiftung EAR) and apply for a WEEE number before placing electrical or electronic devices on the market.

What is WEEE?

The WEEE Directive was introduced by the EU to establish a unified system for the recycling and disposal of waste electrical and electronic equipment. However, each EU member state implements the directive individually, meaning different requirements apply in each country. Companies that sell electrical devices across EU borders must comply with the national regulations of each destination country. There is no central EU-wide WEEE registration – each country requires its own.

Obligations for Online Retailers

Online retailers selling electrical and electronic equipment in Germany or the EU must comply with the ElektroG and WEEE Directive. Key obligations include:

• WEEE registration: Companies must register their devices with the Stiftung EAR and obtain a WEEE number

• Labeling requirement: Devices must carry the crossed-out wheeled bin symbol

• Reporting: Retailers must report the quantities placed on the market regularly

• Take-back obligations: Certain retailers must offer free take-back of old devices and ensure proper disposal

Which Products Are Covered by the ElektroG?

The ElektroG applies to a wide range of electrical and electronic devices that operate using electrical currents or electromagnetic fields. The classification includes six categories:

• Temperature exchange equipment (e.g. refrigerators, air conditioners, heaters)

• Screens and monitors (e.g. monitors, TVs, laptops)

• Lamps (e.g. LED and energy-saving bulbs)

• Large appliances (e.g. washing machines, ovens)

• Small appliances (e.g. vacuum cleaners, coffee machines, smartphones)

• Photovoltaic modules (solar panels)

Which Products Are Not Covered by the ElektroG?

Not all products with electrical functionality fall under the ElektroG. Exclusions include:

• Components and parts that do not constitute independent electrical devices (e.g. cable sold by the meter, connectors)

• Used devices that have already been properly registered and are resold

• Industrial equipment designed exclusively for industrial use and not intended for households

Be cautious: classification can differ between EU countries. A product exempt in Germany might be subject to WEEE requirements elsewhere.

WEEE Registration in Germany and the EU

To sell electrical devices in Germany, companies must register with the Stiftung EAR and receive a WEEE number, which must be used in all business transactions. Registration must be completed separately for each product category and includes detailed information about the devices placed on the market.

Challenges of WEEE Registration Abroad

Because each EU country implements the WEEE Directive individually, retailers selling internationally must complete separate registrations in each country. Challenges for cross-border online commerce include:

• No central EU-wide WEEE registration – every country has its own requirements

• Varying categories and rules – a product may require registration in one country but not in another

• High costs for registration and return systems – retailers must use local systems and pay relevant fees

Many companies therefore rely on specialized service providers to manage WEEE registration across different countries.

Take-back Obligations for Retailers

Retailers with a sales area of at least 400 m² (for online retailers: storage area) must offer free take-back of old devices.

There are two take-back models:

• 1:1 take-back – When a customer buys a new device, the retailer must accept the old one of the same type free of charge

• 0:1 take-back – Retailers must accept small devices (up to 25 cm) free of charge, even without a purchase

Online retailers must offer free pickup for certain categories. Simply referring customers to public collection points is not sufficient.

Penalties for Violating the ElektroG and WEEE

Companies that violate the ElektroG or WEEE Directive face severe penalties, including:

• Fines of up to €100,000 for missing or incorrect registration

• Cease-and-desist letters and lawsuits from competitors

• Sales bans on marketplaces (e.g. Amazon and eBay require WEEE compliance)

Since July 1, 2023, marketplaces must ensure that sellers have a valid WEEE number. Missing registrations can result in account suspension.