We have compiled some key questions and answers on EPR Regulations covering producer obligations such as registration, take-back, reporting, plus other areas that our managed compliance services cover. You can quickly find key information for your business here.

Have a question that’s not listed here? Please feel free to contact us!

General FAQ

Registration as a producer under EPR legislation ensures that the obligated organisations take on responsibility for their products and packaging at end-of-life.

Single, EU-wide producer registrations are not possible due to individual implementations of directives in the member states.

For WEEE in particular, publicly accessible national registers for manufacturers of electrical appliances in certain countries allow a quick check about a manufacturer being registered or not. The public accessibility of the registers is part of the enforcement measures of the national authorities and aims at encouraging producers to comply with their producer obligations.

Usually the entity that puts a product on an EU Member State market for the first time is classed as the ‘producer’ under EPR legislation. This means that as well as manufacturers, other entities such as importers, distributors and distance sellers are very often considered the producer. Read detailed definitions here.

At EARN we help our clients to find out whether they are considered as a producer and have an obligation according to the national legislation.

In some countries you have an obligation to publish WEEE, batteries and/or packaging prducer registration numbers (E.g. on your company website or on invoices).

It depends. You need to consider how you sell through a reseller / distributor in EU Member States and through which of your entities you sell to the reseller / distributor. Often even if you only sell via resellers / distributors, you will still be obligated under the WEEE Directive (unless the reseller / distributor explicitly agrees to take over the obligations of the WEEE Directive such as registration, reporting, take-back etc).

Depending on the respective EU country, the registration procedure takes from a few days up to several months.
To ensure quick processing time it is essential to submit suitable and complete documentation. At EARN, a key part of our full service is to ensure smooth and quick initial registrations.

In most European countries, no you cannot. You may only start offering and selling devices after receiving the registration confirmation from the respective authority. In case you already sell devices prior to being fully registered, see also question “What happens to a producer if they are not registered properly and does not offer a mandatory take-back and recycling solution?”

Yes. Countries may impose fines, stop-sells or other regulatory enforcement action in this case.

If a producer does not meet their obligations originating from the national implementation of the WEEE Directive, this is considered a statutory violation of the respective legislation. The same applies if a producer does not completely or correctly meet his obligations. Example: In Germany the fine for such an offence is up to 100.000€ per case

A producer compliance scheme (PCS) is an organization whose clients (members) are placing electrical and electronic equipment (EEE), batteries or packaging on the market. The PCS works to create full compliance of members by:

Keeping records of all units and weights placed on the market by each member
Reporting such data to the national authorities
Collecting fees in relation to any fee owing to the national government or national registration proceedings
Financing take back and recycling operations to reach quantities and weight targets from the quantities and weights declared by its members
Reporting operations and recycling achievements to members and authorities

Consequently, PCS organize administrative proceedings, take back and recycling operations in order to fulfil the producer obligations.

Where required or favourable, EARN selects the most suitable compliance scheme and manages the required communication.

According to the WEEE requirements in almost all countries, producers must register in each European country where they put electrical or electronic equipment on the market, irrelevant of the quantities. In selected countries, we see exemptions from certain producer obligations if placing limited quantities of products on that country market.

Regarding the Batteries and Packaging Directives, in some countries producers only have obligations if they place more than a defined minimum of quantities on the market.

An EU regulation is a binding legal act in all parts. It is applied in the same way in all EU Member States and will be fully effective there by the date indicated.

An EU directive, on the other hand, is a legal act that sets out an objective to be achieved by all EU countries. However, it is up to the individual countries to adopt their own legislation to achieve this goal.

EU acts such as EU directives or EU regulations are always drafted and adopted jointly by all member states.

WEEE FAQ

Directive 2012/19/EC of the European Parliament and of the Council of 4 July 2012 on waste electrical and electronic equipment (WEEE) serves as the framework for the national implementation by the EU member states.

Waste means any substance or object which the holder wants to dispose of or is required to dispose of pursuant to the provisions of national law in force. Waste is also colloquially referred to as scrap, trash, garbage, rubbish, junk and other terms.

Electrical and Electronic Equipment or EEE according to the WEEE Directive 2012/19/EU means equipment which is dependent on electric currents or electromagnetic fields in order to work properly and equipment for the generation, transfer and measurement of such currents and fields and designed for use with a voltage rating not exceeding 1 000 volts for alternating current and 1 500 volts for direct current.

Waste Electrical and Electronic Equipment or WEEE as per definition in the WEEE Directive 2012/19/EU means electrical or electronic equipment which is waste within the meaning of Article 3(1) of Directive 2008/98/EC, including all components, sub-assemblies and consumables which are part of the product at the time of discarding.

Part of this Directive is the waste hierarchy according to which waste has to be treated:

prevention of WEEE
re-use, recycling and other forms of recovery of such wastes so as to reduce waste quantities
safe disposal of waste

This directive aims to contribute to sustainability with the efficient use of resources and the retrieval of valuable secondary raw materials. It also defines minimum collection rates as well as recovery quota. The Directive is the basis for and was transposed into individual country regulations in each EU member state.

One of the main principles of the Directive is the concept of producer responsibility. This means that each producer is responsible for financing the management of the waste from his own products. Often, the producer can choose to do this individually or by joining a collective scheme. In some cases, the producer must join a collective scheme with no option for individual compliance.

No. The WEEE (Waste Electrical and Electronic Equipment) Directive was transposed into national law in the respective EU member states in different ways. Individual national regulations contain specificities which make it necessary for producers to have separate solutions in each country they plan to place products on the market. Especially the administrative requirements regarding the fulfilment of producer obligations differ strongly from country to country.

According to the WEEE Directive, electrical and electronic equipment (EEE) includes all appliances or devices designed for use with AC voltage not exceeding 1000 volts, or DC voltage not exceeding 1500 volts, and which are dependent on electrical currents or electromagnetic fields in order to work properly.

These include devices which are used for generation, transfer and measurement of electrical currents and electromagnetic fields.

Some devices and use cases are excluded from the WEEE Directive. However, this has to be evaluated on a case by case basis. EARN has developed an easy-to-foll ow Decision Tree to help you determine whether your products fall in or out-of-scope of the WEEE Directive (and if they do fall in-scope, into which product category they are likely to fall).

Basically, anyone who places electrical and electronic equipment on the market for the first time, whether delivered to private households, businesses or public bodies, can be held liable. This includes manufacturers, distributors – including online stores and mail order companies – and importers.

EARN has developed an easy-to-follow Decision Tree to help you determine whether your products fall in or out-of-scope of the WEEE Directive (and if they do fall in-scope, into which product category they are likely to fall).

Some countries have deviating categorisations either with separate categories for certain products or completely different categorisations. At EARN we help our clients to find the appropriate categories for their products.

Devices that are used exclusively in places other than private households (commercial sector, public sector).

Devices that can be used in private households.

Devices that can be used in both private households and in places other than private households (commercial sector, public sector). Dual-Use-Equipment falls under B2C obligations

The manufacturer’s obligation under the WEEE Directive relates to electrical and electronic equipment. The components installed in it are not considered separately. However, if individual components are offered to private or commercial customers for direct use, they are generally considered a device and fall within the scope of the WEEE Directive.

However, this has to be evaluated on a case by case basis.

No, not necessarily. If a manufacturer does not have a registered office in the country in question, they either have to appoint a local authorised representative in writing who will take over all the obligations under the WEEE Directive, or (if selling in this way), their distributors have to assume full responsibility as per the national legislation. The need to appoint an authorised representative also depends on the sales method of the equipment. Due to the individual implementation of the WEEE Directive in the different member states, the possibility or obligation to appoint an authorised representative should be individually examined.

AR services, where required, are part of the EARN full service.

(see also “What is an authorised representative according to the WEEE Directive, and who needs one?”)

Based on the WEEE Directive, EU member states have transposed into national legislation that the appointment of an authorised representative is required if a producer places electrical and/or electronic equipment onto another EU country’s market from abroad (e.g. as an online trader), and/or has no registered physical presence in the country in question.

The authorised representative must have a legal entity in the respective country and assumes full responsibility for the foreign producer’s WEEE obligations. The appointment of an authorised representative by a foreign producer is required if the producer offers his devices directly to the end customer in the relevant country , e.g. by means of distance selling/online trading. The transfer of the producers’ obligations to an authorised representative is usually not accepted by the national authorities if the producer has a physical presence in the country or if the products are placed on the market by resellers/distributors.

No. In some countries the registration is confirmed in different ways, for example by sending a letter of confirmation or listing the producer in an online register.

(1) Symbol for labeling Electric and Electronic Equipment according to Annex IX of WEEE directive 2012/19/EU:

This symbol has to by applied visible and permanent. Symbol with bar below means placed on market after August 13th, 2005.

(2) Production date needs to be displayed

via bar under symbol or date

(3) Producer identification needs to be displayed

You find a downloadable image on the following website:

https://www.umweltbundesamt.de/bild/einer-durchgestrichenen-abfalltonne-gekennzeichnete

Large-scale fixed installations are a large-size combination of several types of devices. LSFI do not fall within the scope of the WEEE Directive. However, the WEEE Directive applies to standard devices installed in LSFI that were not specifically designed for use in a LSFI.

EARN evaluates the product range and whether they fall under any exemption.

Waste electrical and electronic equipment (WEEE) from collections of private households or commercial and industrial companies are recycled at the recycling partners of EARN Elektroaltgeräte Service GmbH in the particular countries.

Disposing WEEE in the form of landfill or incineration is not permitted. ‘Disposal’ means any operation which does not include recovery, even where the operation has as a secondary consequence the reclamation of substances or energy.

Fin out more here.

Batteries FAQ

Directive 2006/66/EC of the European Parliament and of the Council of 6 September 2006 on batteries and accumulators and waste batteries and accumulators.

The Battery Directive 2006/66/EC has been amended by Battery Directive 2013/56/EU of 20 November 2013.

Regulation (EU) 2023/1542 of the European Parliament and of the Council of 12 July 2023 concerning batteries and waste batteries, amending Directive 2008/98/EC and Regulation (EU) 2019/1020 and repealing Directive 2006/66/EC.

This is not to be confused with the individual batteries regulations (or laws, decrees, etc) that individual EU Member States have adopted to transpose EU Batteries Directive 2006/66/EC into national law.

Regulation 1542/2023 repeals Directive 2006/66/EC and it contains a multitude of new safety, sustainability, labelling and information provisions which Directive 2006/66/EC did not contain.

Batteries or accumulators within the meaning of the European Battery Directive 2006/66/EC, means any source of electrical energy generated by direct conversion of chemical energy and consisting of one or more primary battery cells (non-rechargeable) or consisting of one or more secondary battery cells (rechargeable).

EU Batteries Directive 2006/66/EC distinguishes between the following battery and accumulator types:

Portable
Industrial
Automotive

You read more about each type of batteries defined in the Batteries Directive here.

EU Batteries Regulation 1542/2023, distinguishes between the following battery types:

Portable
Light Means of Transport (LMT)
Industrial
Electric Vehicle (EV)
Starting, Lighting and Ignition (SLI)

Generally batteries are not considered part of a device even if they are incorporated or just added to the device. According to the Battery Directive, batteries and accumulators are to be registered separately. The requirement to register batteries does not apply if the supplier of the batteries/ accumulators already registered them in the respective country and provides proof thereof.

The labelling of batteries and accumulators is regulated in the Battery Directive. Batteries and accumulators have to be labelled with the “crossed out wheeled bin”. In case of very small batteries, the label may be printed on the packaging instead.

In addition, the capacity of portable batteries and automotive batteries has to be indicated.

Batteries, accumulators and button cells containing more than 0,0005 % mercury, more than 0,002 % cadmium or more than 0,004 % lead additionally have to be labelled with the respective symbol of the chemical element (Hg, Cd or Pb). Type and position of this label is defined as well.

For a high quality battery recycling their separate collection from other waste is essential. Batteries installed in electrical appliances must be removed before further treatment. Then, the batteries are sorted into the following different types:

Lead-acid batteries
Lead batteries
Lithium batteries
NiCd batteries
NiMh batteries
Button cells
Alkaline manganese batteries / zinc-carbon batteries

Some battery types have to be discharged before feeding into the recycling process. The battery treatment usually consists of processes such as crushing and separation into metals, electrolytes, plastics, and other materials.

Yes. Under EU Batteries Directive 2006/66/EC, manufacturers must ensure that they design appliances in such a way that waste batteries and accumulators can be readily removed; where they cannot be readily removed by the end-user, appliances must be designed in such a way that waste batteries and accumulators can be readily removed by qualified professionals that are independent of the manufacturer.

The are provisions modifying and tightening the rules on battery removability that have been introduced and are being phased in by the EU Batteries Regulation 1542/2023.

Packaging FAQ

European Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging and packaging waste.

The new and upcoming Packaging and Packaging Waste Regulation (PPWR) will replace EU Directive 94/62/EC.

In line with the explanation under “What is the difference between an EU Regulation and an EU Directive?”, producer obligations will be harmonised across the EU with increased requirements for collection, recyclability, and recycled content of packaging and packaging waste.

The PPWR was adopted by the EU Parliament on April 24, 2024, and the next steps are for the the European Council to do the same with the final text anticipated to be published in the Official Journal of the EU and enter into force in the latter part of 2024.

Packaging for the purposes of the Packaging Waste Directive 94/62/EC means all products made of any materials of any nature to be used for the containment, protection, handling, delivery and presentation of goods, from raw materials to processed goods, from the producer to the user or the consumer.

‘Non-returnable’ items used for the same purposes shall also be considered to constitute as packaging.

Sales packaging or primary packaging

Packaging conceived so as to constitute a sales unit to the final user or consumer at the point of purchase.

Grouped packaging or secondary packaging

Packaging conceived so as to constitute at the point of purchase a grouping of a certain number of sales units whether the latter is sold as such to the final user or consumer or whether it serves only as a means to replenish the shelves at the point of sale; it can be removed from the product without affecting its characteristics.

Transport packaging or tertiary packaging

Packaging conceived so as to facilitate handling and transport of a number of sales units or grouped packaging in order to prevent physical handling and transport damage. Transport packaging does not include road, rail, ship and air containers.

In addition to the product packaging, the online seller is required to license the transport packaging.

The Triman logo is a labelling obligation for manufacturers, distributors (online retailers) and importers of products in France used in private households.

The Triman logo marks all recyclable products or packaging to provide users in private households with information about separate collection.

All products within the scope of the product responsibility are affected (EEE, batteries, textiles, shoes, furniture, tires, as well as recyclable paper products and packaging material.) The pictograph should be no smaller than 0.6 cm x 0.7 cm.

By 01. January 2022 at the latest, the Triman logo must be applied directly to all products (new for electrical appliances and also batteries) as well as packaging.

Textiles FAQ

Textiles product scope varies across the EU, however at minimum Clothing and some household textiles, such as bed linens for example, are common to all EPR laws so far. Some countries include accessories such as shoes, curtains, rugs, but not all. Until an EU wide law is in place, textiles in scope varies significantly from one country to another. Please reach out to EARN to discuss your Textiles EPR Obligations and take advantage of our expert knowledge to provide your organization with complete streamlined compliance solutions.

If your organization is the first party placing textiles in scope on the market of countries where Textile EPR laws are in place, then it is likely that you are the Producer. Please get in touch with us to find out what textiles EPR obligations are in the countries where you are selling textile products.

So far countries with Textiles EPR laws in place have included Distance Sellers in the definition of Producers. This includes organisations or individuals selling textile products in scope in each country via digital platforms such as Shopify, Amazon, E-Bay, Etsy etc.

There is no EU Directive or EU Regulation so far specifically for Textiles EPR, and individual EU Member states are working separately to operate their own textiles EPR laws that are in place, or they have plans in progress to publish new Textiles EPR laws at different stages of development. The new EcoDesign Regulation (ESPR) 2024/1781 which scopes in Textile Waste, is in force from 18 July, 2024 onwards, includes a ban on disposal of unsold textiles. Delegated Acts will follow soon to focus specifically on textile waste EPR, and an EU wide EPR law will be implemented to obligate textiles producers to contribute to managing the waste their products generate. The time frame for this law is not yet known, and EARN will make an update as soon as the details are made available

A Digital Product Passport (DPP) is an electronic passport that contains information about a product, including origin, sustainability details, and material content. The new EcoDesign Regulation (ESPR) 2024/1781 which scopes in Textile Waste, is in force from 18 July, 2024 onwards mandates all Textiles Producers have in place a DPP for their textiles products by 2027~2028. DPP’s will function on a secure blockchain technology, accessible by different stakeholders via a scannable QR code, which will permit the user to view information according to their access parameters.

Textiles Producers placing in scope product on the market in France, The Netherlands, Latvia, and Hungary should contact EARN to discuss their EPR obligations, as they have already started. New laws are in progress in other countries and EARN can keep you informed of changes as they affect your business as this fast-moving space evolves.

Each EU Member state with Textiles EPR laws currently in force have their own rules and systems to follow, however typically it is expected that Textiles Producers placing in scope product on the market will need to register either with the government authority and or a collection scheme, report what products they are placing the market in each applicable jurisdiction according to the report format as required, and pay fees based on these volumes. Some countries also require waste plans projecting how your organization intends to improve the environmental impact of your textile products and may include requirements such as fibre content as well as re-use and recycling plans. Please reach out to our specialist support to create your plans and get registered and file required reports.

Global FAQ

There are common features and differences between compliance obligations and requirements for WEEE/E-Waste, Batteries, and Packaging between the approach in European Union countries and those of the US and Canada. Typically, requirements to register, report, and pay waste fees are common to all programs. However, producer obligations, reporting formats and frequency, waste management, and fee structures, as well as several other variables can vary significantly, with individual jurisdictions requiring steps unique only to that region. The first step for any producer is to determine if you are obligated and what steps apply to your business and EARN can provide you with the specialized support needed to navigate the complex EPR landscape in these locations.

E-Waste, Batteries, and Packaging Producer definitions, product scope, and requirements are state based in the US, and can be widely varied across the country. Because of the complex and unique differences across state boundaries, a detailed assessment of the products you sell, and your selling model, is essential to determine if your organisation must follow the EPR rules for the US states where you sell. Please reach out to our US subject matter experts to discuss your compliance obligations in the US.

Canada’s Provinces and Territories have active E-Waste, Batteries, and Packaging EPR laws in place, and whilst there are similar features across the country each Province and Territory may have unique requirements. Check in with EARN’s Canada EPR specialist staff to determine if your products fall into scope, and if you are considered a producer with obligations in Canada.

In order to register as a battery producer and file required waste reports in Canada and the US, it is important for producers to have a sound overview of the chemistries, weights, and types of batteries they are placing on the market in all states, provinces and territories in north America. For example, if selling lithium batteries, it is relevant to know the cobalt and nickel content.

If you are selling EEE and Batteries with Packaging into Singapore it is important to establish if your organisation is the Producer and responsible for EPR obligations. Singapore’s EPR system was introduced in 2021 and has been in full operation since the appointment of a national producer responsibility scheme. If you need an assessment of your Singapore obligations, please let the EARN Asia Pacific EPR specialists help!

If you are an E-Waste Steward in Australia, the Australian National Television and Computer Recycling Scheme (NTCRS) requires businesses importing or manufacturing listed products above the threshold in the designated time period to provide for the management of the waste their products will generate when they reach end of life, and follow the mandatory processes, such as registering with the one of the designated co-regulatory arrangements, and pay fees according to the volumes of electronic products you are placing on the Australian market. If you have received a notification from the Australian authority, please get in touch with EARN and our Australian subject matter expert can organize all steps necessary to ensure you are in full compliance so that you may avoid pecuniary penalties for infringements or product seized.

Glossary

WEEE Recycling & Disposal

WEEE recycling is complex due to the mixture of materials and components. If not properly managed, hazardous substances can cause environmental and health problems.

WEEE Registrations & Compliance Schemes

Under the WEEE Directive 2012/19/EC producers are required to register with national WEEE registers in each EU Member State they place their products on the market.