Since October 2005, it has been possible for foreign companies operating in Germany to register with the EAR, the German national register responsible for implementing the WEEE directive, without establishing a German entity. The EAR aimed to avoid excluding foreign producers from the German market and to avoid dependence on German retailers and distributors. Germany was the first country to allow foreign companies to register in this fashion, and has since been followed by other countries, including Portugal, Ireland and Denmark.
 
Nevertheless, registration with the EAR is not easy for foreign producers. When companies receive their registration, it is considered "vorläufig" or preliminary. The German authorities have retained the right to make changes to the registration process as they see fit, and if your company does not stay abreast of the developments, they can revoke your registration number in a follow-up examination. If your registration is revoked due to failure to follow up, your company then needs to re-register and pay all registration fees in full. In addition, during the time your company is without a valid registration, it is prohibited to continue putting merchandise on the market.

Not only the registration, but also the reporting of quantities and all other mail contact between the producer and the EAR must be in German. All questions regarding invoicing, reporting of numbers or inquiries about registration mistakes are likewise in German.

1. What additional obstacles do foreign producers face during the registration process?

• A German primary contact: The EAR recently decided that the primary contact person listed in the registration system must be a German representative with a German address. All future mail and e-mail contact between producers and the EAR will run through this individual.

• A German bank account: The EAR accepts only German bank accounts for transferring the registration fee and the fees for pickup and retrieval of waste.

• A German financial guarantee: The financial guarantee must also be German. In the case of an individual bank guarantee the bank must be German, and in the case of a collective guarantee the producer has to choose between the two collective guarantee models BITKOM and ZVEI.

• A German trustee: In the case of an individual guarantee the producer needs a German trusteeship and furthermore a German trusteeship agreement.

2. Who is a producer according to the German ElektroG? Who has to register with the German registration authority?

ElektroG adopts the WEEE directive’s definition of a producer. Producers are defined as:

• Manufacturers who sell their products under their own brand name,

• Resellers who sell equipment under their own brand which are however, actually produced by another supplier,

• Importers of EEE on a professional basis to Germany either from a member state of or from outside the EU.

All producers must register with the German registration authority. An American firm without a subsidiary in Germany can register with the German registration authority. However, the EAR (Elektro-Altgeraete-Register) strongly recommends foreign companies use a local distributor/agent/reseller to assist with the registration as this can only be completed online and in German. According to the ElektroG, American subsidiaries in Germany are considered to be the producer to the extent that they import the products of their parent company and must register and fulfill all responsibilities of a producer.

An American company with no subsidiary in Germany whose products are “put on the German market” may register with the EAR without a legal presence in Germany. One does, however, need a valid German bank account for payment of associated fees.

3. Who is the registration authority in Germany?

The Elektro-Altgeraete Register (EAR) is the only registration authority in Germany. All producers must register with this authority.

Web: http://www.stiftung-ear.de
E-mail: info@N0SPAM.stiftung-ear.de
Phone: +49 911 76 66 50 (Staff available from 8am to 6pm Germany time, Monday to Friday)
Fax: +49 911 76 66 509

The web page is in German and the registration process can only be completed in German.

In addition, the Frauenhoefer Insitute has provided a step-by-step guide to the registration process that may be found here.

4. Do all American companies have to register?

Only companies whose products fall under the categories covered by WEEEs and RoHS must register. Under the ElektroG, American firms selling their goods through a German distributor are not required to register because the law considers the distributor to be the producer. Subsidiaries of American firms in Germany are, on the other hand, required to register with the EAR. If a firm sells directly to importers, the importers themselves are then required to register and are responsible for the take back of goods.

5. Can an American company register without a legal presence in Germany?

Yes, an American firm may register with the EAR without having a legal presence in Germany. However, a German Primary Contact with an address in Germany, a German financial guarantee, a German bank account, and a German trustee are all required. Please note, many firms may have registered with the understanding only a German bank account was required, but these further requirements must be fulfilled for a registration to be considered valid. If upon later review, the EAR deems your preliminary registration to not meet these requirements, your registration number may be revoked and you must register again paying all fees in full.