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Selling used electronic devices without a WEEE number?

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Selling used electronic devices without a WEEE number?

Anyone who sells electrical equipment as an online retailer within the meaning of the Electrical and Electronic Equipment Act must ensure that their manufacturers or importers have already properly registered them with the responsible Stiftung Elektro-Altgeräte Register. Because if this is not the case, the electrical devices in question may only be sold if the dealers register there themselves with regard to the devices. But does this also apply to the sale of used electronic devices? We deliver answers.

What obligations do online retailers have under the Electrical and Electronic Equipment Act?

In principle, the legal obligations under the Electrical and Electronic Equipment Act (ElektroG) are primarily aimed at manufacturers of electrical and electronic equipment. So are manufacturers after § 6 Para. 1 ElektroG obliges you to register with the responsible authority (=Stiftung Elektro-Altgeräte Register) with the device type and brand before you put electrical or electronic devices on the market.

Without proper registration, there is a legal sales ban according to § 6 paragraph 2 ElektroG, both for manufacturers and for distributors (= dealers) of electrical and electronic equipment; operators of sales platforms and fulfillment service providers are also not allowed to provide their services in this regard without proper registration of the devices.

Incidentally, according to § 3 No. 9 ElektroG, not only the actual manufacturer of an electrical or electronic device is considered a manufacturer within the meaning of the ElektroG, but also every distributor (=dealer) who intentionally or negligently sells new electrical or electronic devices either incorrectly or not at all registered manufacturer offers for sale. Therefore, dealers must also keep an eye on the manufacturer’s obligations under the Electrical and Electronic Equipment Act.

What does the Electrical and Electronic Equipment Act regulate for the sale of used electronic devices?

The Electrical and Electronic Equipment Act does not contain any special provisions for the advertising, offering and sale of used electrical and electronic equipment. The general regulations also apply to used electrical and electronic equipment.

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Online dealers who sell used electrical or electronic devices are only allowed to do so in accordance with the provisions of the Electrical and Electronic Equipment Act if, among other things, the devices in question are properly registered with the Stiftung Elektro-Altgeräte Register.

Of course, it is sufficient if the actual manufacturer or importer has already properly registered the devices. However, if this is not the case, the devices may not be distributed until proper registration has taken place. If necessary, the online dealer must then register for these devices with the Stiftung Elektro-Altgeräte Register or refrain from selling the devices. Otherwise there is a risk that the competent authorities will impose fines or issue warnings to competitors or associations.

What applies to the sale of used electrical equipment that is no longer functional?

There are no special requirements for the sale of used electronic devices that are no longer functional.

For their online sale, too, it is a prerequisite that the electrical or electronic devices are properly registered with the Stiftung Elektro-Altgeräte Register. If this is not the case, there is a ban on distribution until proper registration has taken place.

What applies to the sale of used electrical equipment that is no longer working and has been repaired for sale?

With regard to the sale of used electrical equipment that is initially no longer functional and has then been repaired for sale, there are basically no special requirements. This applies in any case if the electrical and electronic devices have only been restored to their functional condition, i.e. have not undergone any major transformation.

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For their online sale, too, it is therefore a prerequisite that the electrical or electronic devices are properly registered with the Stiftung Elektro-Altgeräte Register. If this is not the case, there is a ban on distribution until proper registration has taken place.

What applies when electronic devices that are no longer functional are not only repaired, but extensively redesigned?

If electrical devices that are no longer functional are not only repaired, i.e. restored to their original, functional condition, but are also extensively redesigned, for example by creating another device from several devices that are no longer functional, which by its very nature is no longer the repaired device, but more or less a new electrical or electronic device, the person who carried out this conversion, i.e. the manufacturer of this new device, can be considered the manufacturer of this new device with regard to the provisions of the electrical device, so that an independent, separate registration with the Stiftung Elektro-Altgeräte Register is required must take place.

Online retailers are only allowed to sell such elaborately redesigned devices if they have been properly registered independently.

We offer our subscribers access to many guidelines, templates and other information and assistance in connection with their obligations under the Electrical and Electronic Equipment Act. You are therefore welcome to become a client of the IT law firm today, for example by using our Book a starter package. Of course, please do not hesitate to contact us if you have any questions in advance.

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