Electrical and electronic devices may only be sold if the producer is registered and disposes of the necessary label (crossed out dust bin)
Registration (§6): Each producer has to register at the EAR Foundation before he is allowed to place his electrical and electronic devices on the market. The new regulations make it necessary to register every single model at the EAR Foundation.
If the producer does not have a subsidiary in Germany, he can determine an authorized representative. This authorized representative must be located in Germany and has to take over the producers’ obligations. Therefore, the authorized representative is also obliged to register at the EAR Foundation.
If electrical or electronic devices are imported to Germany (the area of application of the law) from EC Member Countries or a third country and the producer has not determined an authorized representative, the retailer is considered as producer in the sense of the law.
Therefore, he has to take over the producer obligations. If retailers sell products made by producers who have not thoroughly registered their products, the retailers are also considered as “quasi-producers”.
If retailers are treated as producers, they are also obliged to indicate their WEEE number. This was only necessary in written business transactions (invoices or delivery notes) before the ElektroG law has been updated. Since October 24th, 2015, the WEEE number has to be indicated as soon as devices are offered for sale. For example, E-commerce retailers can release the number in their web shop within the imprint.
Furthermore, producers have to provide an insolvency guarantee, a financial security which makes sure that the recycling of WEEE is safeguarded when there is no registered producer or authorized representative according to §8 ElektroG. Otherwise, no producer/ authorized representative(§3 No. 10 ElektroG) would be obliged to taking-back and recycling within the collection coordination.
Indications of the identity of the producer, i.e. name, brand, trademark, the registered company number and the date of the placing on the market have to be marked durably (according to DIN EN 50419) on the device itself.
There is no legal obligation for producers to take back the WEEE from commercial dealers. Of course, bilateral agreements between producer and commercial dealers are possible on a voluntary basis.