Find out your obligations as a producer
Are you a producer of electrical and electronic equipment or batteries? Then you play an important part within the scope of the circular economy. In this guide you will find out which obligations and requirements you are facing, starting with the proper registration. We will explain to you, step by step, how you can fulfill your legal obligations and can contribute to the orderly disposal and take-back of electrical and electronic equipment and batteries.
Producer according to ElektroG is:
- The producer, that manufactures electrical and electronic equipment under his own name or his brand and sells them in Germany.
- A person who offers electrical and electronic equipment from other producers under his own name or brand in Germany, or resells these commercially. But: If the name or brand of the producer appears on the equipment, the person who offers or the reseller ar not seen as producer.
- An importer who offers electrical and electronic equipment that does originate from abroad for the first time on the German market.
- A person who sells electrical and electronic equipment to end users in Germany and is not situated in Germany.
A distributor who offers electrical appliances from unregistered manufacturers for sale without proper registration has the same responsibility as a producer.
Special producer constellations:
OEM
A producer who manufactures his products without placing his brand on it(i.e. Original Equipment Manufacturer – OEM) does not count as producer. Producer according to ElektroG is rather this producer’s customer who sells the product under his own brand.
Promotional product supplier
A supplier of promotional products can be registered as producer if he produces the electrical and electronic equipment on his own and labels it with his brand. If the supplier only produces under the brand of the customer, the customer ist the producer.
Assembler
Companies that only assemble the electrical and electronic equipment with different components (assembler), can cpunt as producer. If the assembler uses components for which the producer is registered in Germany, then the appropriate label on the components must be retained during assembly.
Producer according to BattG is:
Producer is anyone who, regardless of the distribution method, sells batteries in Germany for the first time. Distributors and commercial intermediaries that offer batteries that are from not correctly registered producers are also seen as producer.
Producers that are situated abroad are fundamentally also obligated to register and can do so, even without a branch in Germany. But they can appoint a authorised agent if they do not have a branch in Germany, who then is responsible for fulfilling the legal obligations.
Special producer constellations:
Battery packs
With battery cells that are only suitable to be assembled in battery packs, not the producer of the battery cells but the producer of the battery packs is obligated to register.
Built in batteries
If batteries are built into other products, the producer of the battery can be different from the producer of the equipment, or respectively, the product.
- If the battery bears the same brand label as the product into which the battery is incorporated, or to which it is added, or if incorporated or added batteries are made according to special requirements from the product producer, the producer of the product is to be regarded as the producer of the battery. This also applies if the customer can only see the brand of the product at first glance.
- If the brand of the battery differs from that of the product and this is also recognizable, the manufacturer of the battery is obliged to register.
Own brand batteries
If batteries are made for trading companies under their own brand by a third company, the trading company is obligated to register for the batteries. The same applies if the batteries are procuced especially for other clients. Then the client is obligated to register.
Import of batteries to be used in commercial business
If batteries are imported from abroad to be used in one’s own commercial business the foreign supplier is obligated to register as a producer.
Topics for producers according to BattG
FAQs to find out obligations as a producer
In our FAQ section you can find answers to frequently asked questions.
No, registration in Germany according to ElektroG and BattG is only valid in Germany, as each EU Member State has independently transposed the provisions applicable for registration into national law. Therefore a registration is only valid in the respective country.
Yes, as a registered ElektroG producer/ElektroG authorised representative you can, for example, vote on regulatory proposals that affect you or actively participate in so-called expert committees. Details can be found in the 'Gemeinsame Geschäftsordnung'.
No, participation is not mandatory, but ElektroG offers you as a registered ElektroG producer/ElektroG authorised representative rights to participate in stiftung ear as ‘Gemeinsame Stelle’. This gives you the opportunity to actively participate in implementing the law in certain areas.
Voting for elections and votes on rules and regulation plans only takes place electronically via the ear-Portal. You can participate in the vote via the respective task in your mailbox. Then the ear-Portal will lead you through the voting procedure.