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10

Jun 2021

The new "ElektroG3" brings additional obligations for producers

On 10 , Jun 2021 | In | By Ute Binder

The "First Act to Change the Electrical and Electronic Equipment Act", the so-called "ElektroG3", was published on May 27, 2021, in the German Federal Law Gazette. The new law will enter into force on January 1, 2022.

The „ElektroG3" brings significant changes for producers and dealers of electrical and electronic equipment (EEE), as well as the take-back of such devices. Producers face additional obligations, including the following:

  • Responsibility for better removability of old batteries and accumulators
    In the future, the end customer is expected to be able to remove old batteries and accumulators easily, without causing damage or destruction. Where this is not possible, manufacturer-independent qualified personnel is supposed to be able to remove them using “commercially available tools”. End users have to be better informed about the type of battery or accumulator used and how to remove them safely.
  • Duty to provide information to end customers
    The law stipulates additional information obligations from producers. For example, regarding devices used exclusively in the commercial sector, obligations have been introduced to provide information about return options, the meaning of the crossed out wheelie bin symbol, or the personal responsibility of end users with regard to the deletion of personal data.
  • Identification of B2B devices
    From January 1, 2023, electrical and electronic equipment used in the commercial sector must also be marked with the crossed-out wheelie bin.
  • Take-back concepts for B2B devices
    From July 1, 2022, manufacturers of professional equipment are obligated to submit a take-back concept to the EAR Foundation together with the registration.
In addition, from July 1, 2022, consumers are expected to be able to return old devices free of charge not only in electrical retail shops but also in groceries that sell EEE and have a sales area of more than 800 square meters. Online shops have to also offer the option to take-back old devices. Another new feature is that operators of electronic marketplaces may only allow producers who have duly registered to use their platform.

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