Beware of unserious offers for WEEE registration - retailers are under pressure

Currently, numerous traders on platforms such as Amazon, eBay and others are confronted with the proof of proper registration according to the Electrical and Electronic Equipment Act.

Unfortunately, there are also dubious and possibly even illegal offers on the market that seem to promise a quick and inexpensive solution to the requirements of the Electrical and Electronic Equipment Act. A current example is a company offering small traders a blanket solution to obtain a "WEEE number" at a price of only 50 euros incl. VAT per year.

It is claimed that with this offer one can participate in a "disposal scheme registered with the EAR Foundation" to cover the required take-back and disposal and that one can use the WEEE registration number of the provider to declare it to the marketplaces. However, on closer inspection it becomes clear that this is an unsustainable offer.

According to the ElektroG, there are indications that make it recognisable that fraud may be involved:

  1. The supplier is not registered under the WEEE registration number mentioned because the WEEE number has not been assigned.
  2. It is not possible to register "disposal concepts" with the EAR Foundation.
  3. It is not allowed to use the WEEE registration number of another manufacturer.
  4. If dealers "culpably" sell unregistered products of other manufacturers, the so-called manufacturer fiction (substitute liability) takes effect. If they improperly use the WEEE registration number of a third party, they are considered free riders and face criminal consequences.
  5. Providing the WEEE registration number of the supplier to electronic marketplaces or fulfilment service providers does not fulfil the obligation for own products.

Research based on the WEEE registration number shows that several traders and manufacturers have already trusted this offer. Thus, they continue to expose themselves to a high risk because their WEEE registration is missing. In addition, they face the threat of having their accounts blocked on the marketplaces and the re-registration process.

Do you have questions about registering your electrical equipment? Contact us!