Prima facie evidence and the take-back concept

If you are applying for registration for a b2b type of equipment (electrical and electronic equipment exclusively used in other than private households or that is generaly not used in private households), you must submit so-called prima facie evidence and a take-back concept for the disposal of these types of equipment.

Prima facie evidence

Within the framework of the so-called prima facie evidence you must explain understandable and therefore prima facie to stiftung ear why your electrical and electronic equipment has b2b characteristics. You will be given this task in the ear-portal at ‘Glaubhaftmachung abgeben’ (‘Submitting prima facie evidence’). 

In the prima facie evidence please make statements on the following questions:

  • What type of electrical and electronic equipment is it exactly that is to be placed on the market under the brand for which registration is being applied for?
  • What is the electrical and electronic equipment used for, what exactly does one do with it?
  • If applicable: How are they implemented in a system and what is there function therein?
  • Why is this type of electrcial and electronic equipment not usually found in private households?

Important: Generally, neither distribution channels nor price are decisive.

Please add brochure material, documentation and photographs of the according electrical and electronic equipment to your statement. All information must be submitted in German.

If you offer your electrical and electronic equipment commercially for purchase or use as a producer, then generally the equipment is assumed to be b2c equipment and proof of an insolvency safe guarantee is necessary. 

Take-back concept

As a producer of b2b-types of equipment, or respectively as their authorised representative, you have to create a reasonable option to return your waste equipment. It is no longer possible to transfer the disposal responsibility to your customers. The customer can only be imposed with the financial obligation for the disposal thereof. You are obligated to submit an appropriate take-back concept to stiftung ear and to show how you comply with your take-back obligation. This take-back concept must be deposited for each new application for a b2b registration per type of equipment since January 1st 2022. In the ear-portal you can find the task ‘record take-back concept.’

Your take-back concept must contain information on the following points:

  • a declaration on the take-back options you have implemented 
    To do so please describe the concrete design of the take-back options you have created (e.g. already existing disposal agreements with certified First Treatment Facilities, as well as the options provided for the end user to deliver the waste equipment, etc.)
  • on appointment of third parties the names and addresses thereof
  • a declaration on how the waste owners can access the take-back options
    To do so please submit the contact details at which the take-back can be registered

Important: Even producers already registered with a b2b type of equipment must deposit a take-back concept in the ear-portal. The legislator will allow time until 30th June, 2022. Please make sure to deposit your take-back concept in time, as stiftung ear will otherwise have to evaluate the revocations of your b2b registration(s).