Significant changes proposed to WEEE Act in Germany

Amendments to ElektroG

Scheduled to come into force with a new treatment ordinance on 01 January 2022, a draft amendment to the Electrical and Electronic Equipment Act (ElektroG) in Germany was released by the Ministry of Environment in September alongside a replacement to the Batteries Act and an amendment to the Circular Economy Act.

The proposed amendment contains a number of key changes designed to increase the WEEE collection rate in the country and decrease free-riding, including:

• Online marketplaces and fulfilment centres cannot allow unregistered sellers to offer EEE for sale via their platform. This major change subjects online marketplaces and fulfilment centres to distributor obligations and will place increased responsibility on companies, like Amazon, to ensure that their sellers are compliant or alternatively, not offer their products for sale at all. Fines of up to €100 per kg of EEE can be imposed for non-compliance.

• B2B producers of EEE must submit a 'take-back concept' to the authorities (EAR) for each type of EEE that they place on the market. This must contain a declaration about return options, contact details of any third-party and the ability of end-users to access the return options. This applies to all existing registered producers, who must submit a take-back concept by 30 June 2022.

• B2B EEE must be marked with the crossed-out bin symbol and producers must inform B2B end-users about the options available to return WEEE and the meaning of the crossed-out bin symbol. This currently applies only to B2C EEE but will apply to all EEE from 01 January 2022.

For more information on the proposed changes, that also include an updated EEE scope and new additional registration requirements, and for assistance with meeting all your recycling compliance obligations in Germany, please contact EC4P.