Producers of electrical and electronic equipment or their authorised representatives have the following obligations:
- Obligation of disassembly-friendly production design.
- Obligation of regular reporting to the German WEEE authority (monthly sales, takeback reporting and annual recycling reporting).
- Collection and take-back of WEEE.
- Appointment of an authorised representative for organisations without German subsidiary.
- Provisioning of a so-called insolvency save guarantee for producers of B2C products.
Furthermore, distributors and distant sellers with sales or warehouse space larger than 400 m² for electronic equipment have to take-back WEEE free-of-charge from consumers.
Producer definition according to WEEE directive
‘producer’ means any natural or legal person who, irrespective of the selling technique used, including distance communication within the meaning of Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts:
(i) is established in a Member State and manufactures EEE under his own name or trademark, or has EEE designed or manufactured and markets it under his name or trademark within the territory of that Member State;
(ii) is established in a Member State and resells within the territory of that Member State, under his own name or trademark, equipment produced by other suppliers, a reseller not being regarded as the ‘producer’ if the brand of the producer appears on the equipment, as provided for in point (i);
(iii) is established in a Member State and places on the market of that Member State, on a professional basis, EEE from a third country or from another Member State; or
(iv) sells EEE by means of distance communication directly to private households
or to users other than private households in a Member State, and is established in another Member State or in a third country.
Whoever exclusively provides financing under or pursuant to any finance agreement shall not be deemed to be a ‘producer’ unless he also acts as a producer within the meaning of points (i) to (iv);