How does the German Electrical and Electronic Equipment Act ElektroG define insolvency-proof guarantees?
An insolvency-proof guarantee, as defined by the German Electrical and Electronic Equipment Act (ElektroG), ensures the take-back and disposal of waste electrical and electronic equipment (WEEE) in the long term.
The basic principle is that the producer bears the costs of collection and recovery of the WEEE from private households (B2C). In this context, the producer provides an insolvency-proof guarantee that ensures the ongoing financial coverage of the take-back and disposal of all the equipment placed on the market. The guarantee applies when there is no company that can be held responsible for the disposal of WEEE, for example in the event of the producer’s insolvency. In this case, a public disposal provider will collect and dispose of the WEEE, paid for by the funds deposited as an insolvency-proof guarantee. The aim of the insolvency-proof guarantee is to ensure that WEEE is always disposed of properly, and that valuable raw materials are recovered for reuse.
WEEE: When do companies need an insolvency-proof guarantee from stiftung ear?
Companies that place electrical and electronic equipment on the market must register with stiftung ear before they selling their products in Germany. stiftung ear is the competent authority for ensuring compliance with obligations under the German Electrical and Electronic Equipment Act (ElektroG) and the German Batteries Act (BattG). However, in order to successfully register with stiftung ear, the company must provide an insolvency-proof guarantee. Without this proof, the registration process cannot be completed – and only after successful registration will producers, distributors and importers receive their individual WEEE registration number, which is required for distribution within Germany.
What happens if we cannot prove that we are covered by an insolvency-proof guarantee?
The registration process with stiftung ear cannot be completed without proof of an insolvency-proof guarantee. All companies that place electrical and electronic equipment on the market must be registered. Failure to comply with this obligation may result in a distribution ban and/or substantial fines.
Noventiz GEE: Certified producer guarantee system to help you meet your legal obligations under the ElektroG
Noventiz supports producers in meeting their legal obligations under the German Electrical and Electronic Equipment Act. We also offer a producer guarantee system for protection against insolvency, which is recognised by stiftung ear: Noventiz GEE (Garantiegesellschaft für Elektro- und Elektronikgeräte).
In just three steps, you can fulfil your legal obligations online:
What does a Noventiz insolvency-proof guarantee cost?
You will need to submit new proof of your participation in a recognised producer guarantee system to stiftung ear’s portal every year. The cost of an insolvency-proof guarantee varies from case to case and depends on a number of parameters, such as the type of equipment and the amount of equipment placed on the market, expressed in tonnes. We also take into account the applicable costs of collection and disposal of WEEE, as estimated by the public disposal providers.
Get an insolvency-proof guarantee (including certificate) and meet your legal obligations now.
Companies based outside of Germany need an authorised representative
Are you a producer, distributor or importer of electronic products but do not have a local office in Germany? Then there’s an additional special requirement for you: As a foreign company, you need to have an authorised representative to ensure that all legal obligations are met.
Noventiz can take on this task and act as your authorised representative. We help you comply with your legal obligations to ensure compliance and reduce your administrative burden.