Small hardship application (only ElektroG)

A small hardship application enables you to apply for the exemption from fees for examination of

  • proof of guarantee for b2c equipment, fee-related matters numbers 1.4-1.6 of the list of fees as appendix 1 on § 1 ElektroGBattGGebV;
  • or respectively prima facie evidence for registrations in b2b types of equipment, fee-related matter number 1.7 of the list of fees.

It is not possible with this kind of application to apply for example for the exemption from fees for the processing of registration applications. There is no proove of an insolvency save guarantee or prima facie evidence for the registration according to BattG, which is why such an application is not possible für producers of batteries as well.

Decisive for the small hardship is whether the amount of electrical and electronic equipment of one type of equipment that you place on the market in the respective period to be considered, lies underneath the threshold value for this type of equipment (Appendix 2 on § 2 paragraph 2 ElektroGBattGGebV). With small hardship applications relating to b2c types of equipment this is the guarantee validity period that normally covers one calendar year. At first it is decisive whether the basic amount for registration (planned amount for a GGZ) is below the threshold value and in the second step whether the actual amount placed on the market (sum of the monthly is-input reports) really stayed below that. If the guarantee validity period does not begin on 1st January – for example because registration is awarded during the year – the amount is extrapolated for each single day to a full calendar year. 

With a small hardship application relating to a b2b type of equipment, you submit a planned amount when submitting your application. This planned amount always relates exactly to one year from when registration is issued. To decide on the application in general the annual report for the year the registration is issued and for the following year have to be considered. Hereby the amounts are only determined proportionately for the respective calendar years in which at least one registration for this type of equipment existed. 

Example: If the first registration was issued for the applied for b2b type of equipment on 14th August 2020 and exists until 31st December 2021, therefore, e.g., the annual report 2020 is considered in full, whereas the annual report 2021 is calculated for the period 1st January until 13th August 2021. 

Further precondition for exemption from fees is that the legal obligations to report the amounts placed on the market are fulfilled punctually and completely, i.e. for b2c types of equipment always by the 15th of the following month and for b2b types of equipment by 30th April of the following year. A delayed report leads to the preconditions for an exemption from fees ceasing and therefore to the application being rejected. 

Also regarding time periods that are completely in the past it is possible to apply for a small hardship (e.g. if a necessary proof of guarantee is only submitted for the first time after the period has expired or a subsequent change of the guarantee amount takes place). In this case it no longer depends on a planned amount (e.g. basic amount for registration), but exclusively on the reports of the amounts actually placed on the market. But note that in this case threshold values also apply that are contained in the currently valid version of the ElektroGBattGGebV at the time of the decision on the small hardship application. 

Please submit the application online in the ear-portal. It is not necessary to send in original documents.

Further Information

You find the ElektroGBattGGebV in its legally effective version at.