This obligation is part of the responsibility to offer only legally compliant products and is one of the central inspection obligations in the retail sector. But how can you check whether electrical appliances or batteries are properly registered? VERE e.V. summarises valuable tips from lawyer Johannes Richard (Internetrecht Rostock) below.
Registration: The registration obligation applies to the producer in the legal sense, a term that is very broadly defined in the German Electrical Equipment and Battery law. The “producer” is not only the actual producer, but also, in particular, the party that offers electrical appliances or batteries under its own name or brand in the EU.
Brand: If a product is sold under a brand name, the brand owner is considered the “producer”, also according to the provisions of product safety law (GPSR).
Producer: The term "producer" is particularly broad in the case of electrical appliances, rechargeable batteries and batteries. Not only the manufacturer is considered the “producer”, but also the importer, especially in the case of imports from non-EU countries. It is often overlooked that when importing from another EU country, which is possible without any problems within the internal market, the German distributor is considered the “producer”. In addition, within the EU, the “producer” in the legal sense is also the party who first places such products on the market in Germany. Even sellers or suppliers of unregistered products are legally considered “producers”.
Prosecution and fines: The German Federal Environment Agency is responsible for prosecuting violations of the Electrical and Electronic Equipment Act, especially in cases of missing producer registration. Violations are punishable by fines of up to €100,000. As the specific amount depends on various factors and mistakes can easily be made, legal representation is recommended during a hearing by the Federal Environment Agency.
Producer register: Here you will find the relevant German producer registers of the Stiftung Elektro-Altgeräte Register (EAR) for registered electrical appliances and batteries.
Checking registration correctly: How can sellers themselves correctly check whether a “producer” is properly registered in accordance with the Electrical and Electronic Equipment Act or the Battery Law Implementation Act? Importers are generally considered “producers” and must register themselves, especially for imports from abroad. The decisive factor is that the first distributor in Germany is registered, not necessarily every player in the supply chain.
Registered producers must state their registration number in business documents and in the imprint. Registration should always be checked in the EAR Foundation's directory (see above) – even if a number is available. Searches can be carried out by producer or authorised representative as well as by product brand.
It is particularly important that not only the producer but also the specific brand used is registered. If only the producer is registered but not the brand, the product is considered to be improperly registered. Since importers are considered “producers”, there may be several registrations per brand.
Category and device type: A registration is only valid if its content is correct. An existing but incorrect registration – for example, in the wrong device type or battery category – is considered insufficient and may result in a fine. Therefore, you should always check whether the category and device type match the product.
When should you register electrical equipment and batteries yourself? Anyone who imports goods themselves – even within the EU – or discovers that there is no or no proper registration under the Electrical and Electronic Equipment Act or the Battery Law Implementation Act should register immediately. As registration with the EAR Foundation is time-consuming and bureaucratic, solicitor Richard recommends using specialist service providers such as take-e-way to carry out the registration.
When should you consult a solicitor and which one? The German Federal Environment Agency is responsible for violations of the Electrical and Electronic Equipment Act or the Battery Law Implementation Act and initiates a hearing procedure with specific allegations. As fines of up to €100,000 are possible, legal representation is recommended. Lawyer Johannes Richard is a specialist in industrial property rights and has been advising and representing clients in fine proceedings before the Federal Environment Agency for many years. Through his law firm Internetrecht-Rostock.de, he has been supporting online retailers in particular for over 20 years and offers nationwide, short-term advice, including by telephone, with specific recommendations for action.
Advantage for VERE members: Have you received a warning letter, hearing form or fine notice from the Federal Environment Agency due to (alleged) violations of the registration requirements under the Electrical and Electronic Equipment Act or the Battery Implementation Act? Feel free to contact solicitor Johannes Richard via +49/381/260 567 30 or at rostock@internetrecht-rostock.de, quoting the keyword "VERE e.V.", and benefit from the comprehensive expertise that solicitor Richard has gained from his work with our association and our members. Please have your VERE membership number ready.
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Subject to registration? VERE e.V. recommends that all affected electrical appliance and battery sellers and producers contact the take-e-way advisory team to ensure smooth registration. You can reach the take-e-way consulting team via +49/40/750687-0 or send an email.
