FAQ - Frequently Asked Questions

1. What is EPR?

EPR is the official abbreviation for ‘extended producer responsibility’. The abbreviation is used as an umbrella term for certain kinds of products/industries that are regulated by various EU environmental laws. All of this legislation is based on the same set of basic tenets:

(a) The overall environmental impact of a product should be reduced by transferring the responsibility for the product over its entire lifecycle to the manufacturer or merchant who places it on the market.

(b) A product’s environmental costs should form part of its overall costs and therefore its market price.

(c) Manufacturers and merchants are those with the greatest influence on key environmental factors such as a product’s design and environmental properties, as well as its disposal and recycling.

In Germany, the EPR principle is applied to packaging (by the Packaging Act), batteries (by the Battery Act) and electrical appliances/WEEE (by the Electrical and Electronic Equipment Act). All manufacturers and merchants who place one (or more) of these kinds of products on the domestic German market are therefore affected by the respective legislation.

2. What is the EPR registration number?

The EPR registration number serves as proof of fulfilment of producer responsibility, and must be requested separately according to the respective legislation for packaging, electrical appliances and batteries (Packaging Act, Electrical and Electronic Equipment Act, and Battery Act). As part of checks conducted to fulfil their duties of control, marketplace operators also usually ask for an EPR registration number. Normally, this can simply be added to the respective seller account. Points of contact for obtaining the respective EPR registration numbers:

• Packaging LUCID registration database
• Electrical and electronic equipment: Stiftung EAR
• Batteries Stiftung EAR

3. When am I considered a ‘producer’ according to EPR?

As defined in relation to EPR, a ‘producer’ is the entity that first places a product covered by the scope of EPR provisions on the domestic market. This means that merchants can also be ‘producers’. A full explanation with examples is provided by our blog post ‘EPR case studies 'When am I considered a producer?'.

4. Do I have to license packaging, electrical appliances or batteries as a marketplace seller?

As a merchant, if you are the first to place packaging, electrical appliances or batteries on the German domestic market, you are responsible by law for ensuring these products are registered and (if necessary) licensed. Full instructions for the individual processes can be found here.

5. Why are marketplaces like Amazon asking me for an EPR number?

Changes to German packaging and electrical waste legislation have imposed duties of control on marketplaces like Amazon and eBay. As a result, operators are now restricting their marketplaces to sellers who can prove compliance with EPR rules. As a result, you will need to add/upload your EPR documentation to your seller account. Sellers will need proof for packaging by July 2022 and for electrical appliances by January 2023. Similar compliance checks for batteries are also likely to be introduced sometime soon.

6. How can I fulfil my EPR duties?

You must register and (where applicable) license the packaging, batteries and electrical appliances you place on the market. Your duties will vary by product category (packaging, batteries or electrical appliances). Full instructions are provided in our blog post ‘The Ultimate Guide to EPR’.

7. What are the EPR categories?

• Packaging (all types of packaging)

• Electrical and electronic equipment: Electrical and electronic equipment (examples include heat exchangers, monitors, lamps, large and small appliances, small items of telecommunications equipment)

• Batteries (device, industrial and vehicle batteries)

8. What is the difference between product packaging (primary packaging) and shipping packaging (secondary packaging)?

Primary or product packaging is the packaging that is in direct contact with the product itself. In contrast, secondary or shipping packaging is the packaging that is used to protect the goods as a shipping consignment or while otherwise in transit. Secondary packaging includes filling materials as well as any tape used to seal the package. You are always responsible for the packaging that you add or place on the market yourself. You can read more about the regulations here.

9. How do I achieve EPR compliance as required by my marketplace?

First of all, you will need to obtain an EPR number and (if required) proof from your recycling system for all of the products in the categories of packaging, electrical appliances and batteries that you place on the market in Germany. To achieve compliance, add the number/proof to your seller account and have this verified by your marketplace operator. Full instructions are provided in our blog post 'The Ultimate Guide to EPR'.

10. What deadlines do I have to meet for compliance?

According to the EPR principle, you must license the packaging, batteries and electrical appliances you place on the market BEFORE these products are offered for sale in Germany. Accordingly, you will need to ensure that your EPR registration process is complete and you have been issued with your EPR registration number(s). If you use a marketplace to distribute your products, you need to add the number(s) to your seller account, so that the marketplace operator can perform the checks as required by law.

11. How often do I need to pay the EPR fees?

You register or license your products (batteries and electrical appliances) and packaging on a monthly, quarterly or annual basis, depending on the EPR category. For packaging, you estimate the quantities you place on the market and then use this as the basis for paying the annual licensing fee in advance.

12. Do other countries apart from Germany have EPR-based legislation?

The extended producer responsibility principle is based on EU law, which individual Member States transpose into national legislation. As a result, many countries other than Germany also have comparable EPR regulations in place. France in particular has a similar approach in terms of duties of control for marketplaces and Austria is also planning to follow suit. The specific regulations and points of contact will differ from country to country, however.

For packaging, platforms like Lizenzero.eu can help to keep track of developments.