A guarantee according tois a financial surety to serve in case of guarantee to ensure the disposal of waste equipment. A case of guarantee (only) occurs when no producer/authorised representative is registered in a type of equipment anymore and therefore within the scope of the pick-up coordination none can be obligated to take back and dispose of the waste equipment at the public waste disposal authorities. The provides for this case that the public waste disposal authorities then perform the disposal themselves and the stiftung ear refunds them the incurring costs thereof (§ 34 ElektroG).
Guarantee or prima facie evidence?
Whether you need to prove an insolvency safe guarantee to stiftung ear or not depends on whether you are placing b2c or b2b equipment on the market. If you can show prima facie in your registration application that your electrical and electronic equipment is exclusively used in other than private households or is usually not used in private households (§ 7 paragraph 3 Clause 1 ElektroG: b2b equipment), you need not provide evidence of an insolvency safe guarantee. B2b waste equipment is given back to the producer/authorised representative by the purchaser. Should the producer or respectively their authorised representative no longer be in existance, the owner is responsible for the disposal (owner responsible for disposal (in German), see).
If you require registration in a b2c type of equipment (meaning for electrical and electronic equipment that can be used in private households), you are obliged to provide an insolvency safe guarantee to finance the take-back and disposal of b2c equipment. Only after the guarantee proof has been checked and accepted as insolvency safe by stiftung ear can the applied for registration be accepted if all the other registration requirements are fulfilled. If you are then registered with a b2c type of equipment, the guarantee must be renewed once every calendar year (§ 7 paragraph 1 ElektroG). If you do not submit an annual proof of guarantee, your registration may be revoked.