As recently reported by the German news magazine „Focus“, the German customs authorities at the Frankfurt airport confiscated 35 tons of fidget spinners this past month, alone.
Fidget spinners are the toy hype of this summer and take the center stage on all school playgrounds. Some of these handheld spintops are also available with electric lighting. Based on numerous inquiries by our members and customers, take-e-way and their lawyer - Dr. Holger Jacobj from the law firm Versteyl Rechtsanwälte - clarified whether these toys are to be considered electronic and electrical equipment according to the ElektroG.
Dr. Jacobj concluded that fidget spinners indeed fall under the ElektroG’s scope of application, if these depend on electricity or electromagnetic fields for their proper functionality (§3 Nr. 1a, ElektroG).
Currently, many retailers wrongly assume that the blinking fidget spinners are not to be considered electrical and electronic devices, due to the blinking simply serving as a minor secondary function. This argumentation is considered to be invalid by Dr. Jacobj, because the law does not differentiate between primary and secondary functions, but bases the applicability on proper functionality. The fidget spinner might be fully functioning without any electrical lighting, but if the spinner is offered specifically with the blinking light function, the buyer will certainly demand this function and submit a claim in case it is somehow faulty.
With regard to the applicable device type category, we see “5.7.1 Toys for use in private households” as the only option for registration of these devices.
As always, take-e-way would be pleased to handle the EAR registration of these blinking fidget spinners on your behalf. For further information please refer to our consulting team via +4940750687111 or firstname.lastname@example.org.
- Founded in 2004 in Hamburg/Germany
- Currently 35 employees
- Managers: Jochen Stepp, Oliver Friedrichs
Business fields: The take-e-way GmbH assumes the implementation of bureaucratic and operative requirements and obligations of manufacturers, importers, wholesalers, retailers and distributors of electrical and electronic devices in Germany and abroad in the field of product responsibility according to the law (Electrical and Electronic Equipment Act, WEEE, Battery Act, Packaging Ordinance, etc.).
VERE e.V.: The VERE Association for the take-back and recycling of waste electrical and electronic equipment (VERE e.V. registered association) founded in 2003 is the organization having the largest number of members among providers, manufacturers, trade associations and individuals regarding the implementation of the Electrical and Electronic Equipment Act (ElektroG/WEEE) in Germany. VERE is the founding organization of take-e-way GmbH and get-e-right GmbH that offers the WEEE authorized representative. VERE also represents the interests of more than 3,700 companies at political level.
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