stiftung ear – Registration & Notification
Who is obliged to register and notify quantities?
ElektroG: Manufacturer within the meaning of the ElektroG who places electrical appliances on the market.
BattG: Manufacturer within the meaning of the BattG who places batteries on the market.
What does placing on the market mean? You place electrical and electronic equipment on the market when you supply it for the first time against payment or free of charge for sale, consumption or use as part of a business activity in Germany. Reimporting electrical appliances is also considered placing on the market.
When do I need an authorised representative?
If you, as a manufacturer subject to registration, do not have a branch in Germany, the appointment of an authorised representative is required under ElektroG and possible on a voluntary basis under BattG. The authorised representative assumes the legal obligations of the manufacturer in Germany and ensures that the necessary legal requirements are met.
How does the registration process work?
The registration procedure is a procedure under public law that only begins when the application for registration is submitted. The responsibility for submitting the application lies with you. You must specify the type and brand of the battery or electrical appliance and other information via the stiftung ear portal. If the requirements for registration are met, a corresponding notification with a WEEE or Batt number will be issued.
How long does the registration process take?
The stiftung ear currently states a processing time of around 12 weeks. As incomplete, unclear or incorrect applications delay the process, it is particularly important to submit a flawless application. It is recommended to apply for registration in good time before the planned start of sales of electrical and electronic equipment and batteries.
What happens if I do not register?
Failure to register or improper registration by a manufacturer (or its authorised representative) constitutes an unjustified competitive advantage. The manufacturer not only shirks its producer responsibility for its own electrical appliances, but also passes on the costs of disposal to the registered manufacturers. Such an offence can be punished with a fine of up to EUR 100,000. In addition, the economic advantage gained from the offence is usually also skimmed off.
Distributors are prohibited by law from offering electrical appliances from manufacturers that are not properly registered or whose authorised representatives are not properly registered. If they nevertheless offer such devices, they themselves are considered (quasi-)manufacturers and must fulfil the corresponding manufacturer obligations.
Since 1 July 2023, operators of electronic marketplaces and fulfilment service providers must also ensure that the retailers active there are properly registered before they offer or provide their products on the marketplace or take over warehousing, packaging, addressing or shipping for them. Violations of this can also be penalised with fines of up to EUR 100,000.
