🧭 Guidance Basics - Germany

Packaging 📦 - already due

You are obliged to register if you are distributing packaging that accumulates at the German end consumer.

💡 You will find very detailed information during your registration process, which is why we will keep the information to a minimum here. If you need more detailed info, you can find it here.

You must follow these steps:

Enter your company in the LUCID register - (for free)

💡 An authorized representative is not required for LUCID. You can also perform the registration yourself as a foreign company. However it is highly recommended to first conclude a contract with a PRO who also acts as an AR, who will register for you.

In general, the registration consists of two steps:

1. Register at LUCID.
2. Make sure to select "Packaging subject to system participation".
3. Enter your registration data.

Sign a license agreement with a recycling system in Germany (fee-based)

1. Choose one or more of the available recycling systems to sign an agreement, eg Reclay Systems or choose from a link of PROs below.
2. Determine packaging quantities by material type (paper, carton, cardboard/ plastics/ aluminium etc.) and report data
3. Report your EPR number to the recycling system

Quantity reporting and end-of-year reporting with LUCID & recycling system

Log into the LUCID and report the exact same packaging quantities.

💡 During the year, packaging can be subsequently reported (always to the recycling system & LUCID).
At the end of the year, the actual quantity must be reported under "Year-end quantity reporting" in LUCID and must match the licensing.
Furthermore, at the end of the year, the "Initial Planned Quantity Report" for the following year must also be submitted AND licensed.

Estimated costs 💸

Calculate your costs with the recycling systems. You can grasp an estimation with Reclay Systems here

EEE 📱 - already due

Electrical equipment may only be sold in Germany after registration and issuance of the WEEE registration number.

💡 Germany differs the following equipment categories, more info here.

The only exception: If you sell equipment from other manufacturers/brands in Germany, of which you have sufficient proof that the manufacturer/supplier already reported your products to the EAR Foundation.

You must follow these steps:

Appoint foreign authorized representative (only if you have no entity in GER)
💡 The authorized representative (AR) takes over all registrations and declarations to official agencies on behalf of you.

Any business located in the concerning member state can be an authorized representative and most PROs can be appointed as AR.

More information about the legal requirements of the AR can be found here.

Possible Authorized Representatives:

• CY Certify GmbH, contact for non-binding offer
• Get-e-right, contact for non-binding offer

Registration with responsible authority: Stiftung ear

If you don’t have a branch in Germany, you need an authorized representative for this registration. If you are based in Germany, you can voluntarily appoint an AR.

Your company must be registered with the ear foundation and submit monthly quantity reports regarding your electrical equipment placed on the market.

Special obligations for batteries

If you also sell batteries, these must also be registered with Stiftung ear and your quantities reported (see below). Your authorized representative will do this for you. The annual fee is 250€ per battery type.

Device categories

You must classify your devices in one of the 6 categories below. As a rule, registration must be made for each type of device and for each brand.

E.g.: if you are selling monitors of the brands Samsung, Toshiba and Sony, you have to register 3 devices in category II. (Exception: if you have proof that the devices have already been registered in Germany).

Quantity reporting: Monthly reporting of sales quantities (EEE + batteries) to your AR (e.g. Certify). The AR then takes over all registration, warranty, disposal and reporting obligations.

Meet information and labeling requirements

• Labeling: manufacturer/brand, serial number, symbol of crossed out trash can : if with sticker it must comply with DIN EN 50419 requirements
• Indication of WEEE registration number: on all invoices & delivery notes
• Information for consumers: Customers must be informed about the following topics:
  • Meaning of the crossed out trash can symbol (disposal only at collection points)
  • Information about collection and return points can be found here
  • End users are responsible for the deletion of their data (data protection)

System Participation

Principally, you must collect full containers of electronic waste from collection points at irregular intervals and dispose of them properly. This is done by the PRO/authorized representative who arrange the collection and treatment of WEEE through the partnership with a collection center.

Estimated costs 💸

Fixed or sliding Fees by ear info here

Minimum annual billing per type of device = €350

Batteries🔋 - already due

Portable batteries, i.e. batteries in electronical devices, must be registered separately from EEE. After successful registration you will receive a Battery Registration Number.**

Batteries in e-bikes are to be classified under the category "industrial batteries”.

Exception: If you make batteries available, of which you have sufficient proof that the manufacturer/supplier already reported the used batteries to the EAR Foundation, you are considered a “distributor”; another exception is if the batteries are demonstrably exported from Germany again.

💡 CAUTION: Anyone who imports from abroad or resells unregistered batteries (e.g. no-name products) is usually considered a producer.

Producer or Distributor of batteries?

Producers are companies that commercially place batteries on the market for the first time in Germany, i.e. sell, lease, rent, give away, etc. Including not only the production but also the import, the use of an own brand (OEM) and the intentional or negligent resale of unregistered batteries.

💡 Anyone who imports from abroad or resells unregistered batteries (e.g. no-name products) is usually considered a producer - with all the obligations and consequences!

Distributors of batteries?

German resellers are considered distributors under the Battery Act must primarily ensure that the batteries and rechargeable batteries offered are properly registered by the supplier or the manufacturer and are also otherwise compliant with the law, otherwise they may not resell them or must themselves assume obligations as manufacturers.

💡CAUTION: If a retailer offers batteries or rechargeable batteries for sale that are not registered, although they are within the scope of the Battery Act, he can become a manufacturer himself according to § 2 para. 15 sentence 2 BattG (producer fiction), i.e. he is also threatened by penalties (warnings, fines) and other sanctions (sales bans, profit skimming). Often, resellers are not even aware of this situation and the associated dangers. With this assessment, also known as the distributor rule, the policy aims at mutual market monitoring by the acting players.

💡 Please check if your battery supplier have registered the batteries in question, if this is impossible, or you are not based in Germany in the first place, you will be considered a producer.

The following special steps apply to Batteries:

• Appoint foreign authorized agent (voluntarily)
  For batteries you can choose to appoint an Authorized Agent voluntarily. More information can be found here.
• Application to register at Stiftung ear
  Contrary to EEE, you must first apply for the registration and wait for approval before the registration process (brand and type of battery) can start.
  For a detailed registration process please check the info provided by ear here.
  You can find out which battery types exist and information on how to classify the batteries from your company correctly here.
• Participation to a collection scheme (PRO)
  You must join a collection scheme, which is done via a contract with a PRO who takes over this obligation for you. See at the bottom a list of links.

Estimated costs 💸

The annual fee is 250€ per battery type.