As reported by 320 Grad, on 6 November 2025, the Bundestag passed the amendment to the Electrical and Electronic Equipment Act (ElektroG), which aims to improve the collection and disposal of old electrical equipment and strengthen the take-back obligations for sellers. According to the amendment, information requirements for consumers are to be improved and the role of municipal collection points clarified in legal terms.
According to reports from the Bundestag, on 5 November 2025, the Environment Committee had already approved the draft bill (ElektroG, 21/1506) submitted by the federal government in the version previously amended by the committee. In particular, emphasis was placed on reducing the fire risks posed by incorrectly disposed of or damaged lithium batteries.
Euwid reported in advance that the relevant change to the draft amendment to the ElektroG concerns the new take-back obligation for e-cigarettes. In future, it will not only apply to disposable products, as originally planned by the federal government, but will also be extended to reusable vapes and electronic tobacco heaters in order to prevent producers from circumventing the law and to create a uniform disposal route for consumers.
However, according to a recent report by Euwid, there was a threat of a delay in the ElektroG amendment because the Environment Committee in the Bundesrat (Federal Council) voted to refer the legislative process to the Mediation Committee. The background to this was the handling of e-cigarettes. The Bundesrat committee considered the planned take-back obligation to be insufficient to remedy the existing problems associated with the improper disposal of e-cigarettes. The Environment Committee therefore maintained its demand to ban disposable vapes in the ElektroG. As justification, it pointed to the increasing number of fires in waste disposal facilities, which are believed to be caused by improperly disposed devices.
According to Euwid, on 21 November 2025, the Bundesrat decided not to convene the mediation committee between the Bundestag and the Bundesrat, as the upper house did not follow the recommendation of the Environment Committee. However, sustained pressure from waste disposal and environmental associations, the Bundesrat and the Bundestag's review mandate now appear to be having an effect, at least with regard to the proposed ban on disposable vapes. In a protocol statement on the meeting of the upper house, the federal government signalled its willingness to initiate a corresponding legal ban. At the same time, the federal government emphasises in its statement that a ban on disposable electronic cigarettes must first be approved by the EU Commission. Only after this process has been completed can the measure actually be implemented.
This means that the amendment to the ElektroG can come into force as planned on 1 January 2026, as reported by the Bundesrat. take-e-way will keep you informed.
Questions about the Electrical and Electronic Equipment Act? The take-e-way consulting will be happy to help you via +49/40/750687-0 or send us an email.
