The ElektroG (Electrical and Electronic Equipment Act) is a legally binding law in Germany. It implements the EU Directive 2012/19/EU on waste electrical and electronic equipment (WEEE) and regulates the handling of electrical and electronic devices in Germany.
The aim of the ElektroG is to promote reuse and recycling and to ensure that electrical and electronic equipment is recycled or reused whenever possible. To reduce harmful substances in the environment through proper disposal, manufacturers are required to take responsibility for the return and disposal of their products.
Manufacturers and importers must register with the Stiftung EAR (Electrical and Electronic Equipment Register) and label their devices with the symbol of a crossed-out wheeled bin. In addition, manufacturers must regularly submit reports on the number of devices placed on the market, taken back, and recycled.
However, what was well intended has always been implemented in a very thorough—and very German—way.
Like Sennheiser and other companies, we have been dealing with the Stiftung EAR and the UBA—the Federal Environment Agency—for more than 10 years. At the beginning, registration was mandatory immediately, but nothing actually worked. It took almost six months before reports could even be submitted to EAR. A guarantee amount had to be deposited, which required an absurd amount of effort. Depositing it in court, paying it through a notary, or providing a notarized bank guarantee on a separate bank account was required. And heaven forbid the bank guarantee contains a single incorrectly worded phrase.
Things became particularly colorful when we changed our company structure and were suddenly no longer able to submit reports. After eight months of unsuccessful attempts to contact EAR by email, I suggested simply canceling the registration and creating a new one with the updated company data. Was that successful? For the federal authorities, apparently yes—because barely a week later a yellow letter arrived from the UBA with a penalty notice stating that we were placing products on the market without being registered with EAR.
Arguing with the UBA is completely pointless, because according to them the error lies with EAR. Meanwhile, EAR cannot contact the UBA to stop the penalty notice. And now—after almost 18 months—we have received the first official decision. On a total of 12 pages of paper, they demand less than 60 euros. Unbelievable!
Austria also has such an authority, the ARA. With them we simply agreed on a flat-rate payment without reporting requirements. In the meantime, the regulation for companies of our size has been abolished and the fee reduced to 0.00 euros.
Why do we always make things so complicated that nothing works anymore? And who actually checks the data that is submitted? Why can’t we simply do what we do best: develop, produce, sell, and, if necessary, repair—rather than spending our time managing bureaucracy?
My opinion on this:
The idea was good, but the implementation deserves a failing grade. A bureaucratic monster has been created whose only apparent purpose is to employ as many people as possible and waste as many resources as possible. For years we have been considering how to bring an end to this nightmare. A deposit system has been discussed, but even that will probably not allow us to escape the grasp of EAR.
For small companies, I simply do not understand the ElektroG with this level of effort. For large players it may make sense—but certainly not for a company of our size.
When will there finally be an exemption threshold for small and medium-sized enterprises?
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