What is EPR?
The goal of the Extended Producer Responsibility (=EPR) is to foster circular economy ♻️ It is a reaction of the EU to the increasingly scarce resources and growing waste.
EPR applies to producers of various goods, such as textiles, clothing and shoes, batteries and electrical and electronic equipment and packaging. Through EPR, the EU obliges these companies to take over responsibility for the proper collection, sorting and disposal or recycling of their products and packaging.
💡 Be aware that there are different laws and compliance deadlines in every member state. Besides the need to comply with your home MS, you must comply with each MS’s law if you are selling to another MS.
Why is refurbed involved in my EPR obligations?
Refurbed, as an electronic marketplace is legally obliged to ensure the compliance of its merchants with the EPR regulations in FR, DE and AT. If a seller is allowed to sell on the platform contrary to the mandatory (1) registration and (2) participation in a recycling system (PRO), refurbed and the respective supplier will be penalized.
Am I EPR obligated? Am I a “producer”?
You are considered a so-called “producer” and fall under EPR if you
manufacture (unlikely), or
import (very likely), or
sell a product that is covered by the EPR regulations (very likely).
💡 Therefore, due to importing electronical devices and electronical equipment (EEE) and batteries and/or selling electronical devices and electronical equipment and batteries abroad, as well as distributing packages; every seller is considered a producer.
I am a refurbisher/reseller/my supplier is EPR compliant - Are my products therefore excluded from EPR?
If you can prove that
the previous distributor of EEE/batteries/packages has already registered the concerned EEE/batteries/packages (EPR Number), and
submitted volume reports to the authority, and
has a membership certificate to a PRO, and
all of this in that MS you are selling the EEE/battery or distributing packages to a final customer,
then one does not need to register the devices or packages again. Otherwise, the exemption does not apply. Proof is considered not only the EPR Registration Number of the upstream distributor, but also a membership certificate.
Example: You sell (import) EEE/batteries to GER, the devices/batteries have been registered in another state by the EPR compliant original producer/distributor. You are considered a producer in GER, because the device/battery has been imported. This makes sense, as the recycling costs are generated from the waste in GER, that is, that MS, where the costs finally occur.
I sell e-bikes. Am I a producer of electronical equipment or batteries?
For 🔋 Batteries the following applies
Both 🇩🇪 Germany and 🇦🇹 Austria require battery registration including the participation to a PRO for e-bikes and e-vehicles.
In 🇩🇪 Germany, batteries installed in e-bikes and vehicles qualify as industrial batteries and require a
Registration at the Stiftung ear for batteries and
Take-back system, the easiest way to do this is to join a PRO.
💡 While industrial batteries do not require a mandatory PRO participation, the seller must offer a take-back solution, which is fulfilled by the participation to a PRO.
In 🇦🇹 Austria, batteries installed in e-bikes and vehicles are handled like device batteries and require
Participation to a PRO, and
Registration at edm.gv. for the GLN number, handled by the PRO, or, if you are not based in AT, this will be handled by the mandatory Authorized representative.
→ 🤝 Appointment of an Authorized Representative (AR)
For more information, we refer you to consultations with PROs or our Wee enable IT Consulting partner.
For 📱 WEEE the following applies
If a WEEE registration is required in addition to the battery registration, it depends whether the device in questions needs a type approval and is classified as a “bicycle” (slow e-bikes, Pedelecs) or a pedal-independent vehicle (e-scooters).
WEEE is ✅ required if:
The device does not require type approval, for example Pedelecs under 45 km/h, e-bikes with pedal assistance under 25 km/h.
WEEE Registration and PRO provided via:
🇩🇪 Germany obtain “WEEE-Reg.-Nr. DE” at the Stiftung ear portal for WEEE and participation to a PRO.
❗If you are not based in Germany, you must first appoint an Authorised representative. → 🤝 Appointment of an Authorized Representative (AR)
🇦🇹 Austria Registration at edm.gv. for the GLN number and participation to a PRO.
❗If you are not based in Austria, you must appoint an Authorised Representative. → 🤝 Appointment of an Authorized Representative (AR)
For more information, we refer you to consultations with PROs or our Wee enable IT Consulting partner.
WEEE is ❌ not required if:
The vehicle requires a type approval, such as E-Bikes with pedal assistance and speeds above 25 km/h, S-Pedelecs up to 45 km/h, or pedal-independent propulsion like E-scooters.
💡 In summary
All e-bikes/scooters need a battery registration number and participation to a PRO.
E-Devices that do not require a type approval need a WEEE registration and participation to a PRO in addition to the battery obligations.
E-vehicles requiring type approval do not need to be WEEE registered.
Do spare parts from non-EU countries fall under EPR?
If the spare parts are batteries, then this would fall under the “battery” category. Otherwise it does not fall under EPR.
System Participation/Producer Responsibility Organisations (”PROs”)?
PROs are private companies or organisations, that take care of the waste management of EPR categories by means of fees or contributions. In most cases, they can be appointed as an authorized representative. Generally they are either collection/recycling centers or companies that work with those.
Based on volumes reports of the respective EPR category (e.g. kg of paper, plastic, etc.) the PRO calculates the fees arising from the disposal of the EPR categories.
💡 As a private company, they are different from the governmental authorities that issue the EPR Registration Numbers! Instead, a contract is concluded with a PROs, who will then submit a membership certificate.
Appointment of an Authorized Representative?
The authorized representative (”AR”) takes over all registrations and declarations to official agencies on your behalf. Any business located in the concerning member state can be an authorized representative. Most PROs can be appointed as authorized representatives and we provide you with a link list below.
In Austria from 01.01.2023 and Germany you are required to appoint an AR if you are not based in those states. Please find more info here and at the Guidance Basics.
Are there audits? Can non-compliance be backdated?
Audits can happen any time! Auditors usually ask for documentation of the past 3 years. Once an audit has been conducted and a failure of EPR compliance has been detected, you can be sure to face a penalty and future investigations to check if compliance have been met after the penalty. Mind, refurbed is very likely to face an audit coming from platform liability, thus you need to be EPR compliant at some point anyway.
Consequences of non-compliance?
Penalties
Germany
💡 If registration or system participation is missing, packaged goods may not be sold in Germany (distribution ban). Depending on the severity of the violation, fines of up to 200,000 EUR may be imposed.
German Packaging Law (VerpackG)
- § 36 (1) 1. unauthorised placing on the market of packaging 100.000€.
- § 36 (1) 2. violation of labelling regulations 10.000€.
- § 36 (1) 3. missing or faulty system participation 200.000€
- § 36 (1) 5. redistribution of unregistered packaging by traders €100,000
- § 36 (1) 6. industry solution not (correctly) displayed 100.000€
- § 36 (1) 8. missing or incorrect registration 100.000€
- § 36 (1) 10. missing, incorrect or late data reporting 10.000€
- § 36 (1) 11. missing, incorrect or late declaration of completeness 100.000€
- § Section 36 (1) 14. failure to take back packaging not subject to system participation €100,000
- § Section 36 (1) 18. operation of a system without authorisation €200,000
- § 36 (1) 27. trader: breach of information obligations €10,000
France
If not properly registered with the Environment and Energy Management Agency (ADEME), this is considered an administrative offence that is punishable by a fine of up to EUR 30.000 per violation (i.e. per failed or missing registration) according to the AGEC law. See more info here.
Austria
§ 79 section 2 and 3 of the AWG (Waste Management Act).
Fines from 3400 € to 8400 € per violation if not sufficiently participated in a collection and recovery system, no appointment and notification of an authorized representative or failure to comply with the record-keeping, storage, submission or proof, reporting, information or inspection obligations or registration, cooperation, notification or correction or publication obligations.
Consequences from Refurbed
Due to platform liability, we are obligated to only allow those sellers on our platform, who are EPR compliant in FR, DE and AT.
If we do not receive your certification of participation or EPR registration numbers in the given deadline, we are legally required to suspend you from selling on our marketplace.
💡 Comparing the rather low EPR fees (see e.g. at the guidance section) to the penalties, the costs of EPR compliance are exorbitantly lower than the risk of penalization by non-compliance. Furthermore, refurbed must suspend you if you do not comply.
How long does it take?
EPR Registration Number
The process for obtaining the EPR number at the respective governmental registration website is rather quick and can be finished within an hour, while the confirmation e-mail may take either hours or few days. However, as the registry can be complicated it is advised to have first a PRO or Authorized Representative who will do the registration for you. We provide you with a link of several PROs below.
💡 The most time consuming process is the data collection of the respective category. Please keep in mind, that the first time of analyzing, collecting and depicting the quantities may be a great effort.
Conclusion of PRO contracts
Depending on the PRO and status of your data collection, the conclusion of the contract may take several days, or more likely, weeks. To meet the deadline of 01.01.2023 for EEE and batteries in Germany, as well as packages, EEE and batteries in Austria, we urge you to start at the earliest possible time to contact a PRO.
How much does it cost?
This depends on the product category, the country and the quantity placed on the market. You can find more information on this in the Guidance Basics.
Are there businesses that can help me with my EPR obligations?
Yes! We provide you with a list of PRO links below.
Additionally, as of February 2024: We are happy to announce that we have partnered with an excellent organisation that can assist you with your application and compliance with all other EPR requirements, including registrations; ecosistant.
Since February 2023: Additionally, WEE enable IT Consulting is another agency that assists you with your EPR compliance.
More Information is accessible on the following page:
Similarly, your PRO (Producer Responsibility Organisation) will serve you with your EPR questions and concerns and we highly recommend to get in touch with them as soon as possible.
Since Austria 🇦🇹 requires notarised contracts with AR, here a link to a trustworthy partner notarity.