The “Elektrogesetz” (Electrical Act) has now been amended for the second time and, with some transitional periods, will come into force on 01.01.2022.

The “ElektroG3” is the implementation of the WEEE Directive (“Waste of Electronial Equipment”) with the aim to avoid waste of electrical and electronic equipment. As a manufacturer, distributor or marketer of electrical equipment, you may be subject to new obligations! Among others, the following excerpted changes may be relevant for you:

Changes as of 01.01.2022
As of 01.01.2022, manufacturers of B2B devices to be newly registered must already deposit a take-back concept with the ear foundation during registration.
In addition, manufacturers may be subject to new notification, information and reporting obligations. Already when offering the products, manufacturers must, for example, point out the obligation to separate disposal, the obligation to remove batteries, etc..
In addition, the notification obligations will be tightened: In the future, every manufacturer, whether with B2B or B2C registration, must take reimports into account when determining the quantities placed on the market, and when reporting so-called indirect export quantities, must include equipment that has been taken back and exported second-hand.

Changes as of 01.07.2022
As of 01.07.2022, take-back systems must also be deposited with the ear foundation for devices already registered before 01.01.2022. This must contain, among other things, a declaration of the establishment of return options by the manufacturer/authorized representative.

Changes as of 01.01.2023
From 01.01.2023, all devices must also be marked with the symbol of the crossed-out trash can. This previously applied only to B2C devices, but has now been extended to B2B devices.
Fulfillment service providers or marketplace operators are also obliged to check whether their customers are registered with the ear foundation.

Are you affected by the innovations? Please feel free to contact us!
We advise you on the specific obligations and deadlines you may face and help you implement them.

Your contact person:
Christian Leuchter
Lawyer | Specialist in Banking and Capital Markets Law
European Lawyer (Univ. Würzburg)

fon: +49 211 50 66 66 7 – 0
mail: leuchter@wr-legal.de