In today's newsletter, you will find out everything you need to know about the German Electrical and Electronic Equipment Act (Elektrogesetz) and what innovations you can expect in 2023.
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With best regards, Deutsche Recycling
Electrical and Electronic Equipment Act 2023
This is what will change next year
The Electrical and Electronic Equipment Act (ElektroG) comes up with some changes on January 1, 2023, which manufacturers and dealers of electrical and electronic equipment have to observe.
New are especially inspection obligations for online marketplaces and fulfillment service providers —similar to those already existing in the Packaging Act.
In addition, there are adjustments in the area of labeling obligations as well as requirements for the appointment of an authorized representative.
Changes for marketplace operators and fulfillment service providers
Manufacturers of electrical and electronic equipment must provide their stiftung EAR registration number in a timely manner to the respective marketplaces used and to fulfillment providers for the respective equipment.
Labeling of devices in the B2B sector becomes mandatory
Up to now, only equipment that can be used in private households must be marked with the crossed-out wheeled garbage can symbol. EU law, however, requires all equipment, including B2B equipment, to be labeled accordingly.
New regulations for authorized representatives
Another new requirement is that an authorized representative must always be appointed for at least three months, in order to prevent non-transparent changes of authorized representative. If an authorized representative represents more than 20 manufacturers, he or she will also need to be approved by the stiftung EAR as of January 1, 2023.
Marketplace testing obligation for electrical appliances
As of January 1, 2023, dealers face a ban on sales unless they comply with the registration requirement.
For years, sales via online marketplaces such as Amazon or eBay have offered loopholes for traders to be able to market non-negotiable products in Germany more or less without consequences.
This lack of accountability is unfortunate for fair competition, consumer protection and the achievement of set environmental goals.
The legislator has also recognized this and reacted. As we have already reported several times, marketplaces and fulfillment service providers are required to provide proof of company registration at the turn of the year.
Similar to Sales tax ID and LUCID number, the marketplaces will act promptly and consistently to avoid own sanctions. As a distributor of electrical and electronic equipment, anyone who fails to provide proof of their WEEE number or the WEEE numbers of the equipment they distribute in good time by 01.01.2023 will be excluded from sales.
Extension of the deadline is sought
There are legislative efforts to postpone the end of the transition period by half a year, so that the new obligation would not take effect on 01.01.2023, but only on 01.07.2023. We currently expect the deadline to be 01.01.2023.
Of course, dealers who offer electrical or electronic equipment must already ensure that they only offer equipment from properly registered manufacturers.
Anyone who does not comply with this as a dealer will be regarded as a manufacturer under the ElektroG itself and will be in breach of the registration obligation. This can lead on the one hand to warnings and on the other hand to expensive fine proceedings.
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