ElektroG3 changes as of January 1, 2023

Reminder of upcoming changes at the beginning of 2023

Flexibility is the focus of the new ElektroG3, which came into force at the beginning of 2022. It is based on a national legislative initiative, which allows an addition of further changes at EU level, so necessary. The FBDi association reminds of some transitional regulations, which apply from 1.1.2023:

• Liability/verification obligation for online marketplace operators and fulfillment service providers:

In order to keep unregistered products off the market, from 1.1.2023 there will be an obligation to check whether the traded electrical/electronic equipment is listed with the EAR Foundation (Waste Electrical Equipment Register). If this is not the case, there is a sales ban that prohibits manufacturers, dealers, marketplace operators and fulfillment service providers from placing them on the market or offering them for sale, subject to penalty.

• New labeling requirements in the B2B sector:

Whereas manufacturers previously had to mark their electrical/electronic equipment with the crossed-out wheeled garbage can symbol only for use in private households, from Jan. 1, 2023, this will apply to all new electrical/electronic equipment placed on the market, including professional B2B equipment. The labeling must be on the device; only in exceptions due to size or function is it permitted on the packaging, in the instructions for use or on the warranty certificate. The transition period ends on 31.12.2022 - i.e. goods placed on the market until this date do not need to be subsequently marked.

• Authorization requirements:

Because abusive market participants were visibly increasing, the ElektroG3 provides for stricter qualitative requirements from 1.1.2023:

The minimum duration of an authorization is three months.

From 20 active registrations per authorized representative, a fee-based inspection and official approval by the EAR foundation will be required.

In addition, the ElektroG3 points out that black sheep will be punished with a fee offense in a four-digit amount.