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The Electronic and Electrical Equipment Act was revised in 2021. One of the changes to the law affects operators of online marketplaces such as Kaufland.de: Starting in July 2023, online marketplaces are legally obligated to verify that their sellers meet the requirements of the Electronic and Electrical Equipment Act. This includes sellers who use the platform to send goods to and within Germany.

Likewise, operators of online marketplaces must ensure that no electronic or electrical equipment is being sold on the online marketplace by sellers without proof of registration (registration numbers). The marketplace operator will incur a large fine for any infringement.

The general term “manufacturer” as defined by the ElektroG applies to operators – that is to say, sellers – who offer electronic and electrical appliances for sale.

Sellers are obligated to register with stiftung ear if the appliances they place on the market have not already been registered in advance by the domestic or foreign manufacturer or the authorised representative.

You are considered a manufacturer if you

1. Manufacture products which are subject to EPR requirements in the country in question.
2. Import products which are subject to EPR requirements into the country in question.
3. Sell products which are subject to EPR requirements in the country in question and your head office is not in this country.

Example: If you sell electronic toys manufactured in China to end customers in Germany, you qualify as a manufacturer, which means you must be EPR-compliant in Germany.

You can check at stiftung ear to see to what extent you qualify as a “manufacturer” and must register according to the ElektroG. You can find a list of the appliance categories in question here.

With the revision of the ElektroG in 2022, new responsibilities and an inspection obligation for fulfilment service providers will also apply. If contracted sellers cannot provide their fulfilment service provider with the appropriate evidence (in the form of registration numbers), no warehousing, packaging, addressing or shipping of affected electrical or electronic equipment may take place.

In dropshipping, the goods are packed directly by the dropshipper and shipped to the end customer. The sellers themselves therefore have no physical contact with the product.

The division of responsibility between dropshipping sellers and suppliers under the ElektroG is regulated as follows:

• Under the ElektroG, dropshipping sellers are already directly liable if the manufacturer or importer of the item (whether based in Germany, other EU countries or non-European countries) does not properly implement the obligations themselves.
• In case of doubt, sellers are obliged to fulfil the registration obligations under the ElektroG themselves, because the law puts distributors of products from manufacturers/importers who are not properly registered on an equal footing with manufacturers.

As of 1st July 2023, if a seller cannot provide Kaufland Global Marketplace with a valid registration number in accordance with the ElektroG, the seller cannot continue to sell the items affected by these laws on Kaufland.de. The corresponding offers will be hidden.

Starting in 2023, sellers, and all manufacturers as defined by the Battery Act, who sell portable, automotive and industrial batteries in these categories are obligated to provide proof of fulfilling their BattG registration and inspection obligations before bringing batteries into the market in Germany. At the moment, there is no implementation deadline legally defined by the BattG which requires marketplaces to verify this registration.

Providing BattG registration numbers on Kaufland.de is thus still optional for the time being.

Yes. The term “manufacturer” as according to the BattG – just like for the ElektroG – is a collective term that covers various groups subject to registration – including sellers.

As a seller, you are obliged to register if the portable, automotive and industrial batteries you place on the market have not been registered or have not been properly registered by the manufacturer or supplier. This means that according to the BattG, you are also considered a manufacturer. Please get in touch with your manufacturers and/or suppliers regarding this.

Refer to the stiftung ear to confirm to what extent you meet the “manufacturer” category according to the BattG and then register as necessary. You can find a list of the appliance categories affected here.