5 min article

Extended Producer Responsibility (EPR) for Sellers

When you sell items to buyers in Germany, you must follow the requirements of the Extended Producer Responsibility (EPR). Our business sellers are obliged to be compliant with the Packaging Act and the Waste Electrical and Electronic Equipment Directive (WEEE Directive), which was implemented in Germany via the Electrical and Electronic Equipment Act (ElektroG). This applies to all B2C sellers shipping items to a German delivery address.

eBay has a legal obligation to ensure that all our B2C sellers in scope of these regulations are compliant with the Packaging Act, and for those selling electrical and electronic equipment, also with the EEE Act. Once you have registered with the respective authorities, you will receive a license and so-called “Lucid Number” for  packaging waste and a “WEEE number” for  electronic waste. If these regulations apply to you but you don’t submit all required information to eBay, we’ll be legally required to remove the relevant listings for the German market. This page will provide you with details of what you need to do.

The German EEE Act (ElektroG) for business sellers

Sellers affected by the EEE Act

You will need to fulfil compliance requirements and submit your WEEE number to eBay if

  • you are considered a producer or importer under the EEE Act and
  • you list electrical and electronic equipment within the scope of the Act at eBay and
  • your items are offered to private consumers in Germany 

If you do not have a branch in Germany, you must appoint an authorized representative to be responsible for fulfiling your legal obligations as a producer in Germany. This authorized representative needs to be registered with the Stiftung Elektro-Altgeräte Register  - opens in new window or tab (ear Foundation for electrical equipment waste) and would apply for the necessary registrations on your behalf.

Listings that aren’t compliant with the EEE act may be removed. Once a valid WEEE number has been added to your account, the listings will be reinstated again. This policy applies to sales to German buyers by sellers residing in Germany as well as those selling from abroad. Registration in accordance with the EEE Act is also required when using the Global Shipping Programme.

WEEE - taking the necessary steps

Tip
Our partner for EPR is Interzero - opens in new window or tab, the licensing platform of the dual system company Interseroh+. Visit the Interzero - WEEE page - opens in new window or tab to find out more. Their experienced team will be able to provide any guidance you need.

EEE Sellers and Devices - Examples

EEE device type examples

Details about the products the law applies to are on the ear Foundation page - opens in new window or tab.

  • Heat Exchangers - Temperature exchange equipment: fridges, freezers, air conditioning, heating pumps, etc.
  • Monitor Devices - Screens, monitors and equipment containing screens (>100cm2). monitors, TV sets, tablets, etc.
  • Gas Discharge Lamps: Discharge Lamps, Fluorescent Tubes
  • Lamps: LED lamps (also with additional functions)
  • Large Devices: Dishwasher, ventilation system, washing machine, hoven, electric cooker, vacuum cleaner, mower, luminaires, copying equipment, large medical devices, musical equipment, etc.
  • Large photovoltaic modules: photovoltaic modules with at least one external dimension of more than 50 cm
  • Small photovoltaic modules: photovoltaic modules without external dimension of more than 50 cm
  • Small devices: All other types of electrical and electronic equipment smaller than 50cms (length, large or width): hifi, hair dryer, blender, mixer, electrical toy, drill, shaver, watches, smoke detectors, video cameras, thermostats, device with integrated photovoltaic panel, etc.
  • Small IT and telecommunication equipment:  All IT and telecom devices that are smaller than 50cms (length, large or width): smartphone, router, desktop, printer, wires, set top box, GPS, VHF radio, etc.
 
Possible sellers in scope
  • German sellers with own brand (manufacturer/producer): 
    Register the brand in the correct ear category/categories and receive a WEEE number.
  • German sellers who are Importers (with a branch in Germany): 
    Check first with the ear Foundation - opens in new window or tab if the products/brands have been introduced already to the German market in the correct ear categories. 
    If not, register for a WEEE number
  • Non-German Sellers (producers, manufacturers, importers without a branch in Germany who sell via dropship or have products already stored in warehouses in Germany)
    manufacturers, producers or importers without a branch in Germany need to contact an authorized representative, approved by the ear Foundation, to register their devices in the right ear category and sub category.

Frequently Asked EEE Questions

Is there a ‘how to’ video on the subject?

Yes, you can watch the video here - opens in new window or tab. Please note that this is an ear Foundation production, not eBay's.

 
Do I need to have special labels?

Electrical and electronic equipment within the scope of the EEE Act must be permanently labelled in such a way that it is clear who the producer of the equipment is.
The crossed-out wheelie bin symbol must be permanently attached to the product. In exceptional cases due to the size or function of the equipment, the symbol must be printed on the packaging, the user instructions or the guarantee certificate instead of on the equipment.

 
Do I have the obligation to inform private households about recycling electrical and electronic equipment?

Yes. Since 1 January 2022, it has been mandatory to enclose the below information in writing with the electrical and electronic equipment:

  • obligation to collect waste equipment separately
  • obligation to remove old batteries/accumulators and lamps from waste equipment before returning it (if this is possible without destroying the waste equipment and no reuse is intended),
  • description of the take-back obligations of distributors
  • information on the producer’s own take-back offers for waste equipment
  • consumers’ own responsibility to delete personal data from the waste equipment to be disposed of·       
  • meaning of the wheelie bin symbol on waste equipment
 
I only sell used electronic equipment - do I still have to register?
  • Does the used electronic equipment that you sell come from abroad and are you selling them in Germany for the first time?
    Then you - as a manufacturer – must apply for your individual WEEE registration number for this equipment.
  • Does the used electronic equipment come from Germany?
    You do not need your individual WEEE registration number if you are not selling the equipment under your (brand) name.
 
Is there an FAQ for marketplace sellers?
 

The German Packaging Act for business sellers

Sellers affected by the Packaging Act

The German Packaging Act affects business sellers whose items end up with private consumers in Germany. This includes:

  • Packaging your items and shipping them OR
  • Importing already-packaged items into Germany

Requirements for business sellers

There are three legal requirements for sellers under the Packaging Act:

  1. License (aka "system participation") your packaging quantities with a dual system.
  2. Register in the "LUCID" register - opens in new window or tab, provided by the central authority "Zentrale Stelle Verpackungsregister" (ZSVR). After registration, you will receive your individual Lucid registration number (= EPR number for packaging). You should submit this number to your dual system and add it to your eBay account for verification.
  3. Enter the name of your dual system and your packaging quantity licensed in the Lucid reporting register of the ZSVR. 
    You must regularly submit data reports on your packaging quantities to the selected system and to the LUCID packaging register.

A brief instruction on how to fulfill the system participation obligation and submit the data report on packaging quantities in the LUCID packaging register can be found on this ZSVR page.

Listings that aren’t compliant with the Packaging Act may be removed. Once all necessary information has been added to your account, the listings will be reinstated again.

Additionally, make sure you list your items in the correct category to help ensure you’re fully compliant with the Packaging Act.

Tip
Our partner for the packaging law is Lizenzero - opens in new window or tab, the licensing platform of the dual system company Interseroh+. Visit the Lizenzero - eBay page - opens in new window or tab to find easy to follow steps and more information about registration and licensing. Registration in accordance with the EEE Act is also required when using the Global Shipping Programme.

Submit Lucid number to eBay

Here’s how you store your Lucid number in your eBay account:

  1. Go to the eBay Account section - opens in new window or tab in My eBay.
  2. Select Business Information in the section “Personal Information and privacy” (you may be prompted to log in again).
  3. Go to the Business details section and select Add next to “Lucid ID”.
  4. Enter your Lucid ID.
  5. Click Save.
  6. You’ll see the confirmation that your Lucid ID has been stored.

Tip
More information on The German Packaging Act for business sellers can be found in our Seller Center - opens in new window or tab (US Site)

Types of packaging required to be licensed

The Packaging Act concerns all packaging that ultimately ends up with the German end user and that will need to be disposed of by them. The overall term used here is "sales packaging" and this means:

  • Product packaging
  • Shipment packaging (including filling and cushioning materials)
  • Service packaging (for example carrier bags or coffee-to-go cups).

It doesn't matter what material the packaging is made of, because all packaging has to be licensed – including cardboard, plastic, and glass

 
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