The second amendment to the ElektroG passed the German Federal Council on 21 November 2025, thereby establishing the formal foundation for extended obligations throughout the entire supply chain. The central legal basis is the newly introduced Section 17 (1a) ElektroG. The new regulations bring significant changes: previously, small waste appliances could be handed in free of charge at food retailers, recycling centres or collection points, while larger appliances could only be handed in at recycling centres or food retailers when purchasing a new appliance. From 1 July 2026, however, all retailers must take back old electrical appliances free of charge, even without a new purchase. The new take-back obligations apply uniformly to stationary retailers and online sellers, with no restrictions on floor space; only the actual shelf space used is a relevant metric. This significantly expands and standardises take-back responsibilities nationwide.
What do take-back and participation obligations mean for you specifically? Our experts at take-e-way can provide you with competent and practical advice on the matter.
Extensive take-back obligation for all stationary retailers and online sellers
These changes are particularly relevant for small and medium-sized enterprises (SMEs) that sell disposable e-cigarettes or vapes. The implementation period is already underway: by 30 June 2026 at the latest, organisational, logistical, financial and safety-related requirements must be in place, regardless of company size, sales area or distribution channel. For many SMEs, these adjustments represent a considerable economic and organisational challenge.
From 1 July 2026, clear and easily accessible information on return policies must be provided on sales websites. Online retailers will also be required to offer convenient return options for disposable e-cigarettes by 30 June 2026, in accordance with new regulations.
To this end, take-e-way has developed unique take-back solutions that are particularly suitable for kiosks, petrol stations and other small retail businesses.
Take-back conditions and safety concepts to be expanded
Another focus of the ElektroG amendment is on labelling requirements and consumer information. Henceforth, return points must be clearly marked with standardised, colourful collection point logos that are at least DIN A4 size. In stationary shops, designated shelves must display the crossed-out wheeled bin symbol, and information about return options must be actively provided.
Disposable e-cigarettes with built-in lithium batteries can cause fires or explosions and should not be disposed of in residual waste. Prospectively, only trained personnel will therefore be allowed to sort old devices at recycling centres. Where possible, lithium batteries will be removed in advance and disposed of separately in order to minimise risks during collection, storage and transport processes.
For producers, the amendment to the German ElektroG means that their products must be properly taken back, treated and recycled. This particularly includes participation in take-back and recycling schemes, supporting nationwide return systems of disposable e-cigarettes and vapes, meeting labelling requirements, providing all relevant information, and considering safety requirements when handling lithium batteries. The new regulation seeks to boost recycling rates for unused or discarded electrical appliances, as many of their raw materials are frequently left out of the material cycle.
Criticism: High regulatory density and disadvantages for the legal market
Environmental protection efforts and fire safety are generally sensible goals. Nonetheless, for SMEs, setting up and funding take-back structures, organizing safe storage and transport processes, and coordinating with waste disposal service providers and take-back systems involve substantial expenses. Furthermore, the new regulations will result in increased safety and liability risks as well as a greater need for employee training.
Further critique has been expressed regarding potential shortcomings of the new regulation. The Association of Electronic Cigarette Retailers (VdeH: Verband des eZigarettenhandels) expressly warns that a significant number of disposable e-cigarettes are sold illegally on the black market – without age checks, without paying taxes, without proper disposal practices. As a result, law-abiding companies virtually cover all disposal costs, creating an unjust competitive imbalance that favours illegal sales.
Overall, the amendment to the ElektroG represents an increase in regulation of e-cigarettes and waste electrical equipment. Unfortunately, many medium-sized producers and retailers are faced with increased bureaucracy, rising costs, greater liability risks and insufficient enforcement against non-compliant market participants.
take-e-way provides straightforward and all-inclusive take-back services for end-of-life devices, including e-cigarettes, through its ‘take-e-back’ return program. To learn more, please visit:https://www.take-e-way.de/leistungen/elektrogesetz-weee-elektrog/elektrog-ruecknahme/
For further information and solutions on this topic, the take-e-way consulting team is available at +49/40/750687-0 or consulting@take-e-way.de.
