The Ultimate Guide to EPR in Germany
Table of contents:
EPR: When do I become responsible?
EPR Guide for Packaging
EPR Guide for WEEE
EPR Guide for Batteries
Summary
Marketplaces are currently notifying their merchants about the duty to add proof of EPR compliance to their seller accounts. Background: from July 2022 and January 2023, marketplace operators are required by law to check their merchants for EPR compliance. If an affected merchant is unable to provide proof of compliance, their account is blocked and they cannot sell any goods.
You will need to complete several processes to achieve EPR compliance, depending on whether you place packaging, batteries or electrical appliances on the market.
This Guide aims to help you stay compliant with the law when selling in Germany. To do so, we take you through the necessary processes step by step.
EPR: When do I become responsible?
If you place packaging, batteries or electrical appliances on the market in Germany as an initial distributor, you are a ‘producer’ for the purposes of EPR.
EPR then applies to you in the following cases:
You manufacture products that you ship to German consumers
You source products from other merchants/manufacturers and ship these to German consumers
You import products subject to EPR regulations and sell these on to German consumers
Your business is not domiciled in Germany but you do ship products directly to consumers in Germany
The following pages provide you with details of the competent authorities and various scenarios per category: Batteries, Packaging, WEEE.
To conform to EPR regulations in Germany, you need to do the following:
EPR Guide for Packaging
In accordance with the German Packaging Act (VerpackG), merchants who ship goods to Germany must comply with the following regulations for ALL packaging that they place on the German market. Compliance is independent of the sales channel used and must be achieved BEFORE packaging is placed on the market. The legislation covers all packaged products and not just those products that are sold via a marketplace.
To achieve compliance with the German Packaging Act, you need to fulfil three duties as a merchant or manufacturer. You can fulfil these duties by following the steps below:
Step 1: You need to have your packaging participate in a dual system. To do this, you conclude a licensing agreement for your respective packaging quantities.
Step 2: You need to register with LUCID, which is maintained by the Central Agency Packaging Register. You register with LUCID as a ‘producer’. Merchants are also considered producers when they are the initial distributor of packaging sent to German consumers. Register here
Step 3: You must report the name of your dual system to LUCID, along with the quantities declared to the system in accordance with the law.
Once these three steps are complete, you can then prove that you have fulfilled your duties in relation to EPR. To do this, you add two forms of proof to your seller account on your marketplace.
First, your proof of system participation: once you have concluded your licensing agreement with your dual system, you have the option of using a certificate or the invoice as proof for your marketplace operator.
Second, your EPR number: once LUCID registration is complete, you will be sent an email containing your personal registration number (your ‘EPR number’). You need to provide this number to your marketplace.
More information about packaging rules and regulations is available here.
EPR Guide for WEEE (electrical appliances)
In Germany, the handling of electrical appliances is governed by the Electrical and Electronic Equipment Act (ElektroG).
Important: If an electrical appliance contains a battery, registration with EAR must be completed both for the electrical appliance and the batteries.
Merchants and manufacturers must also fulfil three duties to ensure compliance with the ElektroG. As with packaging legislation, these duties must be fulfilled BEFORE the electrical appliances are placed on the market in Germany.
Step 1 a): As a merchant/manufacturer domiciled in Germany, you are required to register your appliances with the German Clearing House (EAR). You register as a ‘producer’: both merchants and manufacturers are producers in the eyes of the law when they are the first to place electrical equipment on the German market. Register here
Step 1 b): As a merchant/manufacturer not domiciled in Germany, you must appoint an authorised representative.
Step 2: You must offer an insolvency-proof guarantee and submit this to the German Clearing House (EAR).
Step 3: You are also required to commission a recycling system with the collection and sorting of your waste electrical equipment.
You will also require proof that you have fulfilled all of your duties in relation to the ElektroG. After completing your registration with EAR, you will receive a personal registration number. You must add this EPR number to your seller account so that the marketplace operator can confirm you are EPR-compliant.
More information about rules and regulations for electrical appliances is available here.
EPR Guide for Batteries
To ensure compliance with the German Battery Act (BattG), affected merchants must also fulfil two duties. As with packaging and electrical appliances, these duties in relation to batteries must be fulfilled BEFORE you place batteries on the German domestic market.
Important: If you are not domiciled in Germany, you can delegate the next steps to an authorised representative.
Step 1: You must register your batteries with the German Clearing House (EAR) as a ‘producer’. You also register as a ‘producer’ yourself. Note that the BattG also defines merchants as producers if they are the first to place batteries on the German market. Register here
Step 2: The law also requires you to commission an approved take-back system with the collection and take-back of your batteries.
From this point forwards, you will use your EPR number to confirm fulfilment of your EPR duties as a marketplace seller. You receive this individual number when you complete your EAR registration.
More information about rules and regulations for batteries is available here.
Summary
By imposing duties of control on marketplace operators, sellers will now find it much harder to circumvent national rules and regulations on waste management and recycling. This is especially true for foreign merchants acting outside German jurisdiction who have often been able to avoid fines and penalties in the past. Affected merchants are therefore advised to establish their exposure to this new legislation and bring reliable solution partners on board.
