In 2018, the Electrical and Electronic Equipment Act (ElektroG) was fundamentally reformed and, among other things, received a tightened information obligation program for manufacturers. In addition to specific information and reporting obligations, they must also always state their registration number (WEEE number) when “offering”. The following article shows how this regulation is correctly implemented in online shops by manufacturers.
I. Why does the WEEE number have to be stated when bidding?
This eight-digit number assigned by the “Stiftung elektro-altgeräte register” (EAR) uniquely identifies the manufacturer and the affected device types and brands. According to the explanatory memorandum to the law, it is necessary to state this number when making an offer in order to create greater transparency for regular participants in the market. The primary purpose of the obligation to provide the registration number is to prevent distributors from purchasing certain electrical equipment for resale from apparently unregistered manufacturers.
The obligation to state the WEEE number makes it more difficult – otherwise very easy to manage – to exculpate dealers who sell non-registered products. According to Section 3 No. 9 Clause 2 ElektroG, this is considered a manufacturer who is subject to registration if he acts culpably (ie intentionally or negligently). It will be difficult for the dealer to demonstrate that he was not negligent when a simple glance at the respective offer would have given information about his supplier’s registration.
A secondary purpose of the disclosure requirement is likely to also be to enable the monitoring of illegal behavior by competitors. Since the obligations of the ElektroG according to §§ 6 ff. represent regulations that are also intended to regulate market behavior in the interests of competitors, violations within the meaning of § 3aUWG in conjunction with §§ 8 and 12 UWG are subject to a warning. This applies in particular to the obligation to register and the obligation to state the registration number in offers.
Finally, the number should also ensure the necessary manufacturer transparency in direct business transactions with consumers and ensure that consumers can see that the respective manufacturer is fulfilling its obligations under the ElektroG.
II. Who is the manufacturer within the meaning of the ElektroG?
The ElektroG links the registration and the subsequent obligation to identify the WEEE number to the manufacturer’s status.
According to § 3 No. 9 Elektro, manufacturer within the meaning of the law is whoever, regardless of the sales method and including distance selling
- Manufactures electrical or electronic equipment under its name or brand and offers it within the scope of Germany or
- has electrical or electronic equipment designed or manufactured and sells it under his name or brand in Germany
- offers electrical or electronic equipment from other manufacturers under its own name or brand in Germany or resells it commercially, unless the name or brand of another manufacturer appears on the product
- is offering electrical or electronic equipment from another member state of the European Union or from a third country on the German market for the first time (unless a foreign manufacturer is already registered in Germany) or
- offers electrical or electronic equipment directly to end users in Germany using means of long-distance communication and is established in another member state of the European Union or a third country
It should be noted that even the dealer who is after § 3 No. 9 Sentence 2 ElektroG culpably offers new electrical and electronic equipment for sale from non-registered manufacturers, is deemed to be a manufacturer.
This means that he is also subject to the manufacturer’s obligations under §§ 6 ff ElektroG. Accordingly, in the case of culpable distribution of electronic products from non-registered manufacturers, a retailer is then, like a manufacturer, obliged to have the offered brands registered in his name and consequently also to indicate his registration number in offers according to Section 6 (3) ElektroG.
III. How is the obligation to provide the WEEE number in the online shop fulfilled?
In online shops, where the offer is regularly made by the buyer by completing the order and then accepted by the seller, there is a factual offer where the electrical product is presented for the first time in terms of its properties and price in such a way that the buyers can make an informed purchasing decision.
This happens regularly on the respective product detail page, on which the product is presented with all the essential features and price components (cf. Giesberts/Hilfs, ElektroG, § 6, para. 41).
The possibility of being able to put the product in the shopping cart is at best one of the decisive factors, but not the only one. Therefore, it is missing about Product Overview Pages (even if they have a shopping cart function) regularly in a sufficiently detailed product presentation, so that the obligation to state the number is not yet triggered here.
Manufacturers of electrical products with their own online shop are therefore obliged according to § 6 Para. 3 ElektroG to always place their WEEE number individually and individually on the respective product detail pages. We recommend a graphically highlighted citation in the product description.
Important: The obligation to state the WEEE number according to § 6 paragraph 3 ElektroG applies regardless of whether the offer is aimed at consumers or entrepreneurs.
Incidentally, the obligation applies as in your own online shop, of course, wherever a manufacturer maintains an online sales presence. So he has his WEEE number eg also in offers on Amazon and eBay to lead
If manufacturers issue an invoice after a purchase has been made, the WEEE number must also be given here in accordance with Section 6 (3). Any document with which a delivery or other service is invoiced is considered an invoice (cf. § 14 UtG). When stating information on invoices, it is advisable to place it together with the manufacturer’s address.
IV. What are the consequences of violations?
Failure by the manufacturer to provide the registration number when making offers and on invoices constitutes an administrative offence 5 ElektroG. This is not to be taken lightly, as a violation could result in a fine of up to 100,000 euros, see Section 45 (2) alternative 1 ElektroG.
Incidentally, the information obligation under Section 6 (3) ElektroG is also a market behavior norm, non-compliance with which can be projected into competition law via Section 3a UWG and can be warned.
V. Does the manufacturer’s WEEE number also have to be stated in the imprint?
If it is not quoted on the named media, this does not have any disadvantageous consequences for the manufacturer, since there is no legal obligation to display the number beyond offers and invoices.
WE. Conclusion
According to the new version of the ElektroG, manufacturers of electrical and electronic devices are not only subject to registration, but must also always indicate the WEEE number assigned to them in the course of registration when offering and on invoices.
In manufacturers’ online shops, this obligation must be fulfilled on the respective product detail page, where information about the properties and price of the product is given so precisely that buyers can make a business decision.
On invoices, the number should be given in connection with the manufacturer’s address in order to guarantee that it can be easily identified. However, because the law does not contain any information on the exact location of the citation, it should also be sufficient to indicate the number in a header or footer.
A further citation in the imprint of the shop is voluntary, but recommended for reasons of transparency.
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