ElektroG3 2022: News and changes at a glance

Summary of amendments to the Electrical and Electronic Equipment Act 2022 (ElektroG3) for take-e-way customers

Obligation: Include information on batteries contained

Applicable as of / deadline: 01/01/2022
Who is affected? Manufacturers, distributors, equipment containing batteries
Novelty / This is to be done: Each manufacturer is required to provide electrical and electronic equipment containing a battery or accumulator with information notifying the end-user of the type and chemical system of the battery or accumulator and of its safe removal. Sentence 1 does not apply to electrical and electronic equipment as contemplated in paragraph 3 (medical/military).

Product design: Batteries must be capable of being easily and non-destructively removed

Applicable as of / deadline: 01/01/2022
Who is affected? Manufacturers
Novelty / This is to be done: As regards the requirements for the product design arising from Section 4 ElektroG, the regulations for battery-operated devices are to be tightened. Whereas up to now it was only required that battery-powered devices can be designed in such a way that the batteries can be removed “without difficulty” by the end-user or by qualified personnel independent of the manufacturer, in future the batteries must either be “easily and non-destructively” removed by the end-user or in any case “easily and non-destructively removed using commercially available tools by qualified personnel independent of the manufacturer”.

Information obligations of distributors

Applicable as of / deadline: 01/01/2022
Who is affected? Distributors who are obliged to take back old equipment
Novelty / This is to be done: Distributors are required to provide information on the obligation to remove batteries and removable lamps.

Information obligations of manufacturers towards private households

Applicable as of / deadline: 01/01/2022
Who is affected? Manufacturers (within the meaning of the ElektroG of electrical appliances
Novelty / This is to be done: Information must accompany the goods in writing; removal obligation for removable lamps by the private end-customer.

Free take-back of old appliances "at the front door" (at the place of delivery)

Applicable as of / deadline: 01/01/2022
Who is affected? Online and mail-order retailers
Novelty / This is to be done: Online and mail-order retailers with more than 400 sqm of sales floor space for electrical equipment must offer free collection “at the front door” (at the place of delivery) for 1:1 take-back of equipment categories 1 (heat transmitters such as refrigerators, but also dehumidifiers and humidifiers), 2 (monitors with a surface area >100 cm²) and 4 (equipment larger than 50 cm). Moreover, retailers must proactively ask their customers at the time of the conclusion of the sales contract whether they intend to return waste electrical or electronic equipment and to inform them about the free collection option.

List of member states and authorised representatives for distribution to other EU member states

Applicable as of / deadline: 01/01/2022
Who is affected? Manufacturers and distributors operating via means of distance communication to other member states of the European Union
Novelty / This is to be done: When registering, a list of member states and the name of the relevant appointed authorised representative in those member states where the manufacturer distributes electrical and electronic equipment by means of distance communication must be specified.

Indication of the contact person of the manufacturer or the authorised representative

Applicable as of / deadline: 01/01/2022
Who is affected? Manufacturers, distributors and authorised representative(s)
Novelty / This is to be done: When registering, the contact person of the manufacturer or the authorised representative must be designated in accordance with Section 8.

B2B devices marked with a crossed-out dustbin icon

Applicable as of / deadline: 01/01/2022 (31/12/2022)
Who is affected? Manufacturers and distributors of B2B equipment
Novelty / This is to be done: According to the new requirement of Section 9 (2) sentence 1 ElektroG, in future all electrical and electronic equipment must be marked with the crossed-out dustbin icon (as is already the case in many other EU member states), whereas up to now only such equipment had to be marked with this icon for which a financing guarantee according to Section 7 (1) ElektroG had to be given (i.e. such equipment which can be used in private households). Accordance with Section 46 (2) ElektroG, this requirement applies to all equipment placed on the market in Germany as of 1 January 2023.

B2B take-back obligation, take-back concept and information obligation towards end-users

Applicable as of / deadline: 01/01/2022 (take-back and information obligation), 30/06/2022 (take-back concept)
Who is affected? B2B Manufacturers
Novelty / This is to be done: Presentation of a take-back concept for B2B equipment (Section 7a) as well as take-back obligation for B2B equipment (Section 19) and information obligation towards end-users of B2B equipment (Section 19a).

Designation of collection and return points for end-users

Applicable as of / deadline: 01/01/2022
Who is affected? Collection points for electrical or electronic equipment from distributors, manufacturers and operators of primary treatment facilities certified according to Section 21,
Novelty / This is to be done: A uniform collection point logo is mandatory and can be downloaded from the EAR association’s website.

Take-back obligation for the food retail trade

Applicable as of / deadline: 01/07/2022
Who is affected? Distributors of groceries who sell electrical appliances on a recurring basis.
Novelty / This is to be done: Food retailers will be subject to the distributors’ take-back obligation in place since 2016 from 01/07/2022.

Services & Contact
×