As producer and/or distributor you need to fulfill the legal requirements resulting out of the packaging ordinance, WEEE or Batterie law.

Click & Comply takes care, that you are able to meet these obligations correspondingly.

Click & Comply offers you a simple, transparent and legally compliant transaction of your legal obligations with just a few mouse clicks.

At the moment Click & Comply is the only service provider offering the online licensing of three waste streams (packaging, electronics, batteries) in an easy, quick and transparent mode and will do so shortly as well for all European countries.

You register you company for the relevant calender year and your waste streams. Dependent on the waste streams a few further information might be required. Then you choose your methode of payment. Closing the payment procedure you will receive your invoice containing the tonnage you registered as well as the relevant contracts for your waste streams.

You can choose between to easy and secure ways of payment: either via paypal or creditcard  (VISA or Mastercard).

The costs are dependent on the choosen waste streams and can be seen as soon as you add the respective service to your shopping cart.

The Electrical and Electronic Equipment Act (Official German abbreviation: ElektroG) can be found in the Internet free of charge as follows:
On the website of the German Federal Environmental Agency: http://www.bmub.bund.de/themen/wasser-abfall-boden/abfallwirtschaft/downloads/
On the website of the foundation electrical/electronic WEEE (stiftung altgeräte register or stiftung ear): https://www.stiftung-ear.de/service/rechtliche-grundlagen/

WEEE means Waste of Electrical and Electronic Equipment.

According to § 3, Nr. 1 ElektroG electrical and electronic equipment’ or ‘EEE’ 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.

According to § 3, Nr. 1 ElektroG electrical and electronic equipment’ or ‘EEE’ 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. Examples of EEE in scope of the ElektroG can be found in Annex I of the ElektroG.

Indicative list of EEE which falls within the categories of Annex I
1. LARGE HOUSEHOLD APPLIANCES
Large cooling appliances
Refrigerators
Freezers
Other large appliances used for refrigeration, conservation and storage of food
Washing machines
Clothes dryers
Dish washing machines
Cookers
Electric stoves
Electric hot plates
Microwaves
Other large appliances used for cooking and other processing of food
Electric heating appliances
Electric radiators
Other large appliances for heating rooms, beds, seating furniture
Electric fans
Air conditioner appliances
Other fanning, exhaust ventilation and conditioning equipment
2. SMALL HOUSEHOLD APPLIANCES
Vacuum cleaners
Carpet sweepers
Other appliances for cleaning
Appliances used for sewing, knitting, weaving and other processing for textiles
Irons and other appliances for ironing, mangling and other care of clothing
Toasters
Fryers
Grinders, coffee machines and equipment for opening or sealing containers or packages
Electric knives
Appliances for hair cutting, hair drying, tooth brushing, shaving, massage and other body care appliances
Clocks, watches and equipment for the purpose of measuring, indicating or registering time
Scales
3. IT AND TELECOMMUNICATIONS EQUIPMENT
Centralised data processing:
Mainframes
Minicomputers
Printer units
Personal computing:
Personal computers (CPU, mouse, screen and keyboard included)
Laptop computers (CPU, mouse, screen and keyboard included)
Notebook computers
Notepad computers
Printers
Copying equipment
Electrical and electronic typewriters
Pocket and desk calculators
and other products and equipment for the collection, storage, processing, presentation or communication of information by electronic means
User terminals and systems
Facsimile machine (fax)
Telex
Telephones
Pay telephones
Cordless telephones
Cellular telephones
Answering systems
and other products or equipment of transmitting sound, images or other information by telecommunications
4. CONSUMER EQUIPMENT AND PHOTOVOLTAIC PANELS
Radio sets
Television sets
Video cameras
Video recorders
Hi-fi recorders
Audio amplifiers
Musical instruments
and other products or equipment for the purpose of recording or reproducing sound or images, including signals or other technologies for the distribution of sound and image than by telecommunications
Photovoltaic panels
5. LIGHTING EQUIPMENT
Luminaires for fluorescent lamps with the exception of luminaires in households
Straight fluorescent lamps
Compact fluorescent lamps
High intensity discharge lamps, including pressure sodium lamps and metal halide lamps
Low pressure sodium lamps
Other lighting or equipment for the purpose of spreading or controlling light with the exception of filament bulbs
6. ELECTRICAL AND ELECTRONIC TOOLS (WITH THE EXCEPTION OF LARGE-SCALE STATIONARY INDUSTRIAL TOOLS)
Drills
Saws
Sewing machines
Equipment for turning, milling, sanding, grinding, sawing, cutting, shearing, drilling, making holes, punching, folding, bending or similar processing of wood, metal and other materials
Tools for riveting, nailing or screwing or removing rivets, nails, screws or similar uses
Tools for welding, soldering or similar use
Equipment for spraying, spreading, dispersing or other treatment of liquid or gaseous substances by other means
Tools for mowing or other gardening activities
7. TOYS, LEISURE AND SPORTS EQUIPMENT
Electric trains or car racing sets
Hand-held video game consoles
Video games
Computers for biking, diving, running, rowing, etc.
Sports equipment with electric or electronic components
Coin slot machines
8. MEDICAL DEVICES (WITH THE EXCEPTION OF ALL IMPLANTED AND INFECTED PRODUCTS)
Radiotherapy equipment
Cardiology equipment
Dialysis equipment
Pulmonary ventilators
Nuclear medicine equipment
Laboratory equipment for in vitro diagnosis
Analysers
Freezers
Fertilization tests
Other appliances for detecting, preventing, monitoring, treating, alleviating illness, injury or disability
9. MONITORING AND CONTROL INSTRUMENTS
Smoke detector
Heating regulators
Thermostats
Measuring, weighing or adjusting appliances for household or as laboratory equipment
Other monitoring and control instruments used in industrial installations (e.g. in control panels)
10. AUTOMATIC DISPENSERS
Automatic dispensers for hot drinks
Automatic dispensers for hot or cold bottles or cans
Automatic dispensers for solid products
Automatic dispensers for money
All appliances which deliver automatically all kinds of products

It is recommended to determine the single weight of each type of equipment put on the German market according to the following description. In general the producer or its authorized representative (§ 3 Nr. 10 ElektroG) is responsible for the correctness of the data submitted to authority ear. 
For all types of equipment the following data have to be reported:
For the Input information (put-on-market data): the weight of an EEE in usable condition, i. e. with its basic equipment of the scope of delivery but without:
Packaging
Documentations
Additional accessories which do not contain electrical/electronic parts (e. g. boxes, bags, CDs, DVDs)
Accumulators or Batteries (no matter if integrated or detachable)
For lighting equipment the weight without lamps has to be determined.
 

Owner of WEEE must not dispose this with conventional waste. WEEE has to be disposed with municipal collection sites designated for WEEE where currently 6 different WEEE collection groups can be disposed in appropriate containers. Moreover retailers or distant sellers with a sales space of more than 400 m² for EEE only have to take back WEEE from consumers, too. In case of distant sellers the 400 m² refer to the rack space of the warehouse shelfs.

The German ElektroG determines that WEEE must not be disposed with conventional waste but has to be collected with separate collection sites, run by municipalities where all consumers or owners of WEEE can dispose their WEEE free of charge. The cost for the collection and disposal of WEEE is paid by the EEE-producers.

WEEE will be brought to Recyling organizations that will take care of an appropriate dismanteling or preparation for re-use. The German ElektroG stipulates precise requirement for WEEE treatment through recyclers. Our partner ERP exclusively contracts organizations with recycling and treatment of WEEE that will be regularly audited according to ERP's high quality standards to ensure an appropriate and environmental sound WEEE treatment according to the highest technical standards in the market.

Stiftung ear located in Fürth (Bavaria) is the German Clearing House (Gemeinsame Stelle der Hersteller) according to the Electrical and Electronic Equipment Act (ElektroG). Stiftung ear was founded by producers in context with the implementation of the the European Union's directive to reduce the evergrowing amount of waste from electrical and electronic goods that are no longer in use, that is in short the WEEE directive, in national law.

The stiftung ear protects the fair implemantation of the ElektroG, as it performs the following functions and powers:
Registration of producers that place electrical and electronic equipment on the market in Germany, resp. in case of authorisation according to § 8 ElektroG of their authorised representatives 
Guarantee check
Assessment of collective producer-guarantee-systems
Data collection of the amounts of electrical and electronic equipment placed on the market
Coordination of the provision of containers and the take-back of waste electrical and electronic equipments at the public waste disposal authorities (öffentlich-rechtliche Entsorgungsträger, örE) 
Collection of fees for public services provided by stiftung ear

Operational tasks, such as the taking-back of electrical and eletronic waste and disposal, or logistics, sorting, dismantling and recycling, are not performed by stiftung ear. 

All organizations that could be considered as producer according to § 3, Nr. 9 ElektroG have to register with ear as long as these producers comply with the regulations set out in § 3 Nr. 9, 2 ElektroG. Producers without subsidiary cannot register and have to appoint an authorized representative which has to be an entity located in Germany (according to § 3, Nr. 10 ElektroG) or have to found a subsidiary in Germany.

B2B EEE are those EEE for which the producer can declare evidently that those EEE can will usually not be used in private households by their original purpose. The question whether an EEE can be considered as B2B has to be answered on the background whether an insolvency safe guarantee has to be provided for this EEE. Thus for the classification whether an EEE is B2B or not will be made accroding to the use of the device and not according to the sales/distribution way.

B2C (Business to Customer) devices are EEE that could be used in private households. Important for the classification is the typical use of the EEE and not the theoretical use in a privat household.

The registration has to be made in due time before initial sale to enable stiftung ear to carry out a thorough verification. At present the verifcation of the registration can take between 8 and 10 weeks. In case of unclarity or questions from stiftung ear with regard to the registration the process might even take longer. The registration wil lbe confirmed by stiftung ear with a so called WEEE-Registration number. 

Accorrding to the German ElektroG ‘producer’ means any natural or legal person who, irrespective of the selling technique used, including distance communication within the meaning of Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts :
 
(i) is established in a Member State and manufactures EEE under his own name or trademark, or has EEE designed or manufactured and markets it under his name or trademark within the territory of that Member State; 
(ii) is established in a Member State and resells within the territory of that Member State, under his own name or trademark, equipment produced by other suppliers, a reseller not being regarded as the ‘producer’ if the brand of the producer appears on the equipment, as provided for in point (i);
iii) is established in a Member State and places on the market of that Member State, on a professional basis, EEE from a third country or from another Member State; or 

(iv) sells EEE by means of distance communication directly to private households or to users other than private households in a Member State, and is established in another Member State or in a third country.
 

After successful registration the producer or its authorized representative will receive a registration confirmation from stiftung ear confirming a unique WEEE Registration Number. This confirmation will last as long as the producer is registered with stiftung ear and is published on ear’s website in their public directory of producers and authorized representatives.

Each registered producer is obliged to state this registration number on invoices an in offers. Meaning of this legal obligation (§ 6, 3 ElektroG) is to state towards distributors that a producer is properly registered. This should avoid that a distributor will either by gross negligence or on purpose purchase EEE that is not properly registered which would lead to the result that the distributor would by default become producer with all producer obligations according to the ElektroG.

It could also be appropriate to state the registration number on additional documents such as order confirmations, delivery notes, give-aways or websites.

The same applies for foreign producers who have to state the registration nr. of their authorized representative.

The registration number is a numeric row with eight digits such as the following example:

WEEE-Reg.-Nr. DE 12345678

The registration number is assigned by stiftung ear upon successful registration.

The letters “DE” in front of the number confirm that the producer or its authorized representative is registered in Germany.
 

Producers according to § 3 Nr. 9 ElektroG without subsidiary in Germany have to either found a subsidiary in Germany or they have to appoint an authorized representative according to § 3, 10 ElektroG.

In order to proceed with your registration with German authorities an excerpt from your local commercial register is required.

This excerpt from the commercial register is also known as certificate of registration or certificate of incorporation.

Please find following how the required document is called in further different European languages.

In Czech the required document is called “výpis z obchodního rejstříku “.
In Dutch the required document is called “Uittreksel uit de handelsregister”
In French the required document is called “Extrait Kbis” or “extrait d’immatriculation principale au register due commerce et des societies”.
In Italian the required document is called “Estratto del registro di commercio”.
In Polish the required document is called “wyciąg m z rejestru handlowego“.
In Portuguese the required document is called “Extrato de registo comercial”.
In Spanish the required document is called “extracto del registro mercantile”.
In Turkish the required document is called “Ticari sicil özü”.

The German Batteries Act can be found here:
https://www.gesetze-im-internet.de/bundesrecht/battg/gesamt.pdf 

The portable battery scheme that you have selected needs the total weight in kg or t that you have placed on the market. Therefore you need to determine once the single weight of the batteries you intend to put on the market and multiply it with the quantity you will place on the market.

In principal each battery that could be used to supply an electrical/electronic device for private use with power can be considered as portable battery. Also accumulators such as mobile phone accumulators or gardening tool accumulators are considered as portable batteries. The German Batteries Act provides the following definition: "Portable batteries „are capsuled batteries that can be hold in hands“. Automotive and Industrial batteries are not considered as portable batteries.". Also Button Cells are portable batteries.
 

In order to receive its legal permit the battery take-back scheme of your choice has to prove to the responsible authorities that it operates a large spread network for portable battery collection to achieve the legal battery collection rates. To achieve this your battery scheme will deposit appropriate battery collection containers either in retail stores or with municipal collection sites where consumers can dispose waste batteries free-of-charge.

Every company introducing packaging to the German economic area, is obliged to register with a compliance system. The German Packaging Ordinance is a statutory provision which aims at minimising the amount of packaging waste. The legislative authority basically intends packaging waste to be avoided as much as possible. Where it is inevitable, an as high as possible portion of it is to be recycled.

The packaging ordinance can be downloaded from the homepage of the Ministry for Environment
http://www.bmub.bund.de

Sales packaging are all packaging which are offered as a sales entity and accumulate at the final user (§ 3.1 Nr. 2 packaging ordinance). These are as well retail packaging, catering packaging or packaging from other service providers which support the handover of products to the final consumer as well as disposable plates.

The following sales packaging material has to be licenced: 

glass 
paper/cardboard 
aluminium/tinplate/other metals
plastics
cardboard composites 
other composite materials
natural materials 

If you are not licensing your sales packaging or you do not follow other requirements of the packaging ordinance you commit an administrative offense which can be fined with a fine of up to € 100,000 within the meaning of § 69 para. 1 of the Closed Substance Cycle Act (KrWG).

The state authorities of the respective federal state or the authority designated by those for the waste management can carry out appropriate checks.

According to § 10 of the packaging ordinance you need to register with the German Chamber of Industry and Commerce, but only if you surpass the minimum quantities (see declaration of completeness)

If you as producers or distributor sell sales packaging filled with products which typically arrive at the final consumer, your are obliged to register with a compliance system in order to meet your take back obligations.

The declaration of completeness is obligatory for producers and distributers introducing more than 80 t of glass, 50 t of paper/cardboard or 30 t of plastics (§ 10.1 packaging ordinance). The declaration has to check by an auditor, chartered accountant or tax accountant or independent authorized expert and submitted to a public platform belonging to the DIHK until 01st of May of the following year with a qualified electronic signature.

Whoever introduces sales packaging into the German market, is obliged to yearly submit a declaration of completeness checked by an auditor, tax account, chartered accountant or environmental expert until the first of May for the quantities of the previous calendar year. Below the quantities of 80 t of glass, 50 t of paer/cardboard and 30 t of all other lightweight materials you only need to do so if the authorities ask for it.

To license means to register your sales packaging you first introduced into the German market with a dual system and thereby fulfill your legal obligations resulting out of the packaging ordinance.

A compliance scheme is a systeme which is confirmed by the authorities that it fulfills all requirements according to the packaging ordinance in taking back, sorting and recycling sales packaging.

Producer according to the packaging ordinance, is someone producing packaging material or things out of which packaging can be produced and someone who is introducing packaging into the German economic area.

Someone firstly introducing packaging filled with products is a producer or distributor ( see § 6.1 packaging ordinance).

Distributor according to the packaging ordinance, is someone putting packaging material or things out of which packaging can be produced and someone who is introducing products in packaging no matter which trade level into the German economic area. Distributors for the purpose of this Regulation are also mail order companies.

The final consumer in the sense of the ordinance is the one, who is not further selling the products in the way delivered to him (§ 3.11 packaging ordinance)

Final consumer in the sense of the packaging ordinance is someone who is not further selling the products in the form and way how he received them (§ 3.11 VerpackV).

A commercial final consumer is someone who according to the packaging ordinance is equal to a final consumer.

Fractions are the types of material e.g. glass, plastics or paper

The mass flow documentation, annually due 1st of May, is the legally required proof to document the collected and correctly recovered quantities of all material types introduced into the compliance system.

Already the first introduced sales packaging has to be licensed. Further the declaration of completeness has to be submitted until 1st of May of the following year.

At year end/ beginning of the new year you declare the total sales of the previous year in Germany. In case your sales quantities are higher than your registered quantities your receive an additional invoice for the difference.

Hereby you are the first to introduce packaging and therefore your are obliged to participate in a compliance scheme.

From the first packaging introduced into the market you are legally obliged to license your packaging.

yes, already when starting to sell your packaged product  you are obliged to license the first kg of packaging material. To do so you need to evaluate the type of material and its weight and document this correspondingly.

By complying with a take-back system working all over Germany your sales packaging is collected in yellow bags or bins and  taken back close to the final consumers' place or in his neighborhood and recycled according to the legal requirements. 

No, since 2009 there exists no longer the obligation to sign your product with a certain trademark. Therefore it is not necessary to register with DSD GmbH. If you care to inform that you comply with Landbell AG in your terms and conditions to can download a draft sentence which you will find under "My documents". You will receive this after contract conclusion.