What is the EU WEEE Directive 2012/19/EU?

Recently, Amazon has started strict checks on WEEE compliance issues in the German market. If a seller does not apply for a German WEEE registration number, they will be forcibly suspended from selling products. This is yet another challenge for sellers on Amazon Germany, who have just resolved the German VAT number issue and are now facing WEEE registration problems.

A seller on Amazon Germany recently posted in an online community seeking help: their product was removed due to failing the WEEE audit. This follows the VAT audit on Amazon Germany and marks another significant registration that is undergoing stringent scrutiny: WEEE registration.

With increased enforcement from EU authorities against non-compliant products, platforms like Amazon are also beginning to clean up violations on their sites. Many sellers have previously faced complaints for not meeting EU WEEE regulations and have received rectification emails from Amazon.

From the emails shared by the seller, it is clear they were selling automotive LED lights, which were complained about for not complying with the EU WEEE directive, resulting in the removal of their listing. When electronic products require WEEE registration information, how should sellers address this? Below, we will first provide an overview of WEEE registration and then list the required documents for registration.

What is WEEE Registration?

The EU adopted two directives in 2002 that significantly impact electronic and electrical equipment: the WEEE directive (on Waste Electrical and Electronic Equipment) and the RoHS directive (on the restriction of certain hazardous substances in electrical and electronic equipment). In 2005, Germany implemented the ElektroG regulation based on the WEEE directive. According to this regulation, manufacturers or importers of electronic and electrical products must register their products. For cross-border e-commerce, WEEE registration can be cumbersome, so it is advisable to seek help from a professional third-party certification agency.

Which Products Require WEEE Registration?

Taking the German market as an example, WEEE registration mainly targets a specific category of products. The ElektroG regulation categorizes electrical and electronic devices into the following six categories:

Category 1: Heat Exchangers

Heat exchangers (of any size) are electrical appliances with integrated circuits that use substances other than water—such as gases, oils, refrigerants, and secondary substances—for the purposes of cooling, heating, or dehumidifying.

Category 2: Displays

Screens and monitors (of any size) are electronic devices used to display images and information on electronic screens, regardless of the size of the screen. Additionally, devices containing screens with a surface area exceeding 100 square centimeters fall into this category. However, these are only appliances primarily intended to display images and information on the screen.

Category 3: Lamps

Lamps (of any size) are facilities used to produce light (§3 point 14 ElektroG). These should be understood as light sources that can be installed or replaced by end users in specified terminal devices (e.g., lamps, projectors, tanning beds, etc.).

Category 4: Large Electrical and Electronic Equipment

Devices with at least one external dimension exceeding 50 centimeters that are not covered by Categories 1-3, as those categories are more specific.

Category 5: Small Electrical and Electronic Equipment

Devices with a maximum external dimension of less than or equal to 50 centimeters that do not belong to Categories 1-4 or 6, as those categories are more specific.

Category 6: Small IT and Telecommunications Equipment

Electronic devices intended for collecting, transmitting, processing, storing, and presenting information (information technology equipment) and electronic devices used for telecommunications to transmit signals—voice, video, and data—over distances (telecommunications equipment), with a maximum external dimension of less than or equal to 50 centimeters, but not covered by Categories 1-4, as those categories are more specific.

WEEE Registration Process:

1. The dealer fills out the German recycling registration application form.

2. The recycling company drafts a recycling contract.

3. The dealer signs and returns the contract.

4. The recycling company countersigns the contract, making it effective.

5. The dealer receives the invoice and makes payment.

6. The recycling company submits the contract and the dealer's registration information to EAR for review.

7. After EAR review, a WEEE registration number is issued, and it is entered into the German electronic recycling computer query system.

WEEE Registration Mark Requirements

The WEEE directive requires products to comply with the EN 50419 marking, which includes a crossed-out wheelie bin symbol. It also requires producers to register in their respective countries and report the quantities of products sold, collected, recycled, reused, and disposed of as electronic waste.

- Size: 1.5a > 5mm

- Position: The marking on the product should be easy to use, durable, legible, and indelible. If the product's size, function, or other characteristics hinder the application of the marking, it should be printed on the packaging, instructions, and warranty.

Note: If you are not located in the relevant country and do not have a branch there, you must appoint an authorized representative. The authorized representative will act on behalf of your company and ensure compliance with legal obligations.

Which Countries Require WEEE Registration?

Germany, the UK, France, Italy, Spain, Sweden, the Netherlands, Denmark, Portugal, Poland, Belgium, Finland, Luxembourg, Austria, Ireland, etc.

Consequences of Not Applying for WEEE Registration

Currently, Amazon enforces a strict closure policy for cross-border e-commerce companies, and products without a WEEE registration number will be forcibly removed from sale. Germany has the strictest environmental requirements among all European countries, so WEEE registration is mandatory!

Consequences of not registering for WEEE:

Without WEEE registration, a seller may face listing suspension on Amazon. More seriously, if the seller's products are performing well, competitors may take notice. If the product lacks the crossed-out wheelie bin symbol or has not been registered for recycling in Germany, competitors could hire a German lawyer to send a letter to Amazon demanding a halt to the sale of that company's products and initiate court proceedings to destroy all of the company's products on Amazon. In this case, the seller would not only lose all inventory but also incur costs for legal fees and product destruction, potentially leading to the company's exit from the German market.

Documents Required for WEEE Registration:

- Company data form

- Product data sheet

- Product images clearly showing the brand (the brand should be on the appliance, not just on the packaging)

- Website store link (if applicable)

- A brief functional description in German (we can help fill this out, but please provide the information)

- A business license from the People's Republic of China with the unified social credit code or a company registration certificate from the Hong Kong SAR

- Registration typically takes about 6-12 weeks.

Common Questions about WEEE Registration:

1. Is WEEE certification the same as WEEE registration?

- No, they are different. WEEE certification is typically done by factories to test whether a product meets recycling rate requirements and allows the product to bear the waste symbol. WEEE registration is mandatory for selling products in Germany; sellers on Amazon must register to avoid listing removal.

2. Is the "waste bin symbol" related to WEEE certification? Can we apply the symbol with only WEEE registration?

- WEEE certification and registration are not required to use the symbol. However, WEEE certification is mandatory regardless of whether the symbol is displayed, as long as electronic products are sold in Germany. Amazon strictly checks WEEE registration.

3. As a factory, does WEEE certification need to be completed before a dealer can register?

- No. Dealers can register for WEEE without the factory obtaining certification. Certification and registration are two separate matters.

4. Can a factory skip certification and the dealer register directly?

- It depends on the communication and needs between the factory and the dealer. If the dealer does not require certification from the factory, then certification is not needed. If the dealer requires it, then certification must be completed.

5. Why does Amazon require us to provide an EAR number? What is the relationship between WEEE and EAR?

- Germany implemented the EU WEEE directive in 2005 and established the ElektroG for its enforcement. All electronic products within the EU must be registered for recycling. Local governments have recycling companies responsible for environmentally sound disposal, even if the company is no longer operating in the local market. EAR is the official association in Germany responsible for implementing the recycling obligations of the Electrical Equipment Act. After a dealer signs a contract with a recycling company, EAR issues the WEEE registration number following contract review.

6. Is WEEE solely the responsibility of equipment manufacturers? Why do cross-border sellers need to provide it?

- Manufacturers of electronic and electrical devices within the EU are directly responsible, but other parties involved in the supply chain, such as purchasers and sellers, are also bound by this law.

7. What is the WEEE registration process and timeline?

- Cross-border sellers need to provide store information, German tax numbers, product categories, brands, and sales volumes to a service provider, who will coordinate with the recycling company to sign a contract and submit it for EAR review. Approval usually takes 3-6 months.

8. What is the cost of WEEE certification testing?

- The cost for WEEE certification for standard products is generally not high, though it varies by product. You can contact us for a tailored WEEE certification testing plan to help your products meet certification requirements for entry into the EU market.

9. Does WEEE certification require a factory audit? Are there any additional costs?

- WEEE certification does not require a factory audit. There are typically no additional costs as long as the product specifications and standards remain unchanged.

10. What are the requirements for the WEEE certification mark?

- It must identify the manufacturer.

- Size: overall label >7mm (a=3.33mm), wheelie bin part >5mm; execution strip: width=1.2a, height h >0.3a or 1mm.

- Marking position: the label must be clearly visible and durable. If the product is too small or unsuitable for marking, it can be printed in the manual, warranty card, or packaging.