Annual guarantee allocation
As proof of guarantee must be submitted for every calendar year (§ 7 paragraph 1 clause 1 ), even producers/authorised representatives already registered must proof an insolvecy save guarantee for their b2c equipment for every year.
From the year 2024 you do not have to submit the "Garantiegültigkeitszeitraum" in the ear-portal anymore. The ear-portal then automaically calculates the necessary guarantie amount based on your monthly ist input records. These will be deducted from your proven guarantee amount. So you always secure the amount you put in the market.
If your proven guaranteee amount is not sufficient anymore, you have to act. You can see the necessary guarantee amount in the ear-Portal in AKTIVITÄTEN, Garantie, Verbrauch, Erforderlich. It may be usefull to raise the amount so it can be used for a bigger equipment amount. If an increase of the guarantee is necessary a fee for the checking of the guarantee ist charged.
If the total guarantee amount of your individual guarantee has already been exhausted to collateralise prior years or respectively further types of equipment, you must increase your suretyship or respectively the deposit as a surety in its amount:
- In case of a suretyship you can have your bank or insurance create an amendment that increases the suretyship amount under the same contract number.
- If you have provided proof of guarantee via deposit as surety at the local court in Germany, you apply to the deposit facility to increase the deposit amount under the file reference (deposit number/HL) of the already existing deposit.
►Important: In both cases you should – so as not to trigger renewed fees for the first-time check of an individual guarantee – make sure that you do not create a new suretyship or deposit, but just increase the existing surety.
As a producer/authorised representative with a collective guarantee you must get in touch with your guarantee service provider to ensure the additional equipment amounts through participation in the producer guarantee system.
Note: If you proof guarantee via participation in a producer guarantee system the increase of the total guarantee amount is the guarantee service provider’s responsibility.
Implications if a guarantee is not sufficient
If the guarantee amount is not insreased in time and does the reserved guarantee amuont reach the proven guarantee amount, stiftung ear will remind you, that your guarantee is not sufficient.
►Important: After receiving such a message you should immediately introduce any necessary steps to prove any equipment amounts that are not yet collateralised, otherwise your registration can be revoked.