The open scope is now applicable since 15th of August 2018. This means that all electric and electronic devices fall into the scope of theif they are not excluded explicitly by a legal exception. The former 10 categories are replaced by 6 new categories according to the European WEEE Directive. They have been divided into 17 new types of equipment by stiftung ear together with the producer boards for regulations. The changes affect producers, public waste disposal authorities (örE), distributors and owners who are obliged to dispose WEEE.
Main changes for producers/authorised representatives:
- as of 15th of August 2018 the open scope is valid due to which e.g. furniture and clothing with electric function may have to be registered
- the parameters for the guarantee for 2018 are valid for the whole calender year
- existing registrations will be transferred into the new type of equipment, hence you have to check your registrations and notify stiftung ear about any need for change
- the monthly is-input has to be reported for the new types of equipment beginning September resp. November 2018
- the annual report has to be made for the new types of equipment, categories and collection groups for the whole year 2018
For additional information regarding the effects of the changes in the ElektroG coming into force in 2018 please go to Änderungen ElektroG 2018 (in German).
The registration is valid both for privately used (b2c), as well as for commercially used (b2b) electrical and electronic equipment. According to the allocation as b2c or b2b electrical and electronic equipment, the ElektroG determines the range of the corresponding producers’ obligations. Therefore, a producer of b2c electrical and electronic equipment may only then be registered if he/she presents a guarantee against insolvency. If the guarantee against insolvency is not presented annually, a registration that has already been effective can be withdrawn.
The registration ensures that the producers are taking responsibility for their electrical and electronic equipment, especially the responsibility for recycling and disposing of these according to the ElektroG.
Electrical and electronic equipment from private households is collected in containers provided by the(public waste disposal authorities). Producers are obliged to pick up the collected and provided waste electrical and electronic equipment immediately upon being ordered by stiftung ear to do so.
Definition of a producer
Even just "offering" electrical and electronic equipment already establishes the capacity as a producer (§ 3 no. 9 ElektroG). This includes, for example, mere advertising of product offers on internet pages or printing of brochures with offers. It is not necessary to actually place equipment on the market. This is also valid for those who offer equipment of non-registered foreign producers.
Since 24th of October 2015 producers without a branch in Germany can no longer be registered or remain registered themselves.
Producers without a branch in Germany can
- setup a branch in Germany or
- charge an authorised representative (§ 3 no. 10 ElektroG) established in Germany and name him to stiftung ear.
In cases in which an authorised representative (§ 3 no. 10 ElektroG) is nominated, the authorised representative must apply for the necessary registrations themselves and with a new application.
For detailed information please refer to the German version of our website. There you find all information about the stiftung ear and its work e.g. on registration, duties, guarantee. Please note that in case of any ambiguity the German version is determinant.
+49 911 76665-0
You can contact your responsible ear employee directly during his service hours.