take-e-way reported on 24 October 2022 that the aim of a planned legislative amendment is to extend the transitional period for mandatory registration of online marketplaces and fulfilment service providers applicable under the Electrical and Electronic Equipment Act (ElektroG) as of 1 January 2023 by six months to 1 June 2023. This information came from the Bundestag.
Alexander Goldberg, board of the EAR foundation (German WEEE and battery registration board), reported at the VERE e.V. panel event “The Future of Product Responsibility” that the current legislative proposal provides for a further extension of the transition period until 1 July 2023. At present, such mandatory verification continues to apply as of 1 January 2023 according to Section 46 (2) ElektroG 3. Despite references to current legislative efforts, the IT law firm “IT Recht Kanzlei” continues to assume in its current report that 1 January 2023 remains the deadline for mandatory registration of online marketplaces.
If manufacturers (traders can also be manufacturers within the meaning of ElektroG) or authorised representatives are not properly registered or not registered at all, operators of electronic marketplaces may not enable their electrical equipment to be offered or made available.
The take-e-way consultancy team will be pleased to assist you. Please call +49/40/7506870 or send an e-mail to firstname.lastname@example.org for any questions you may have on the ElektroG and the EPR rules; the team will help you with the registration.