VERE e.V. recently issued a detailed report on how to check producer registration yourself. Now, solicitor Johannes Richard (Internetrecht Rostock) is providing important new information on the matter. The news concerns ElektroG registrations, which promise quick use of a WEEE number as well as low costs and are made as a sort of "licensing" of a brand that is already registered with ElektroG.
Based on a fine proceeding initiated by the German Environment Agency (UBA), in which he represented one of the parties involved, lawyer Richard gained first-hand insight into the requirements of the German Electrical and Electronic Equipment Act (ElektroG). The case made it clear that simply licensing a brand already registered with the EAR Foundation and participating in another producer’s waste disposal scheme is not sufficient to meet the legal obligations established by the Act.
Although some service providers offer to license already registered brands, including the use of compliance labels or stickers, the German Environment Agency (UBA) considers this approach insufficient under the Electrical and Electronic Equipment Act (ElektroG). The key issue is that the devices do not originate from the producer registered with the EAR Foundation. Therefore, the party placing the products on the market must register themselves under the relevant brand in the EAR register. Registration by another producer cannot replace this obligation.
Corresponding licensing models are risky from a legal standpoint and may result in penalties.
Are you subject to registration? If you need assistance registering your devices or batteries, the take-e-way consulting team will gladly assist you. You can reach the take-e-way consulting team at +49/40/750687-0 or send an email.
Advantage for VERE members: Have you received a warning letter, a hearing notice, or a fine from the German Environment Agency (UBA) for an alleged violation of the registration requirements under the Electrical and Electronic Equipment Act (ElektroG) or the German Battery Law Implementation Act (BattDG)?If so, please contact solicitor Johannes Richard via +49/381/260567-30 or at rostock@internetrecht-rostock.de, mentioning the keyword “VERE e.V.”.
As a VERE member, you will benefit from the extensive expertise Mr Richard has gained through his work with our association and its members.
Please have your VERE membership number ready when making contact.
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