EPR - Extended Producer Responsibility
EPR, better known as “extended producer responsibility,” is a topic that will continue to concern sellers this year as well. It covers the Packaging Act (VerpackG), the Electrical and Electronic Equipment Act (ElektroG), and the Battery Act (BattG). But what do these laws actually say? Are they relevant to me, and how can I comply with them?
To answer these and many other questions, we invited Ida Julia Schlößer, Head of Marketing at Lizenzero, our partner Interzero, and Marius Haufe, Project Manager for DE Regulations at eBay Germany.
To serve as a guide to EPR for our sellers, this episode is structured into three parts:
Min. 3:43 to Min. 8:59: General EPR
Min. 8:59 to Min. 15:30: Packaging Act
Min. 15:30 to Min. 19:10: Electrical and Electronic Equipment Act
Min. 19:10 to Min. 20:38: Battery Act
With the code “EBAY23”, all sellers receive a discount on the Verpackungslizenz from Lizenzero for the year 2023.*
*Voucher valid until 31/12/2023. Discount on net goods value. No cash payment possible. One voucher redeemable per order and customer. Cannot be combined with other discount promotions. Retroactive redemption not possible. Legal recourse is excluded.
Important links
Packaging:
- Lizenzero, online shop for packaging licensing
- Packaging instructions
- Help center for all questions about the Packaging Act
WEEE/ElektroG, batteries:
David: Hello, dear listeners, and welcome to our new episode of the eBay podcast for our sellers and, of course, for everyone who wants to become one. Today we’re talking about a topic that will continue to concern sellers this year as well: EPR. Better known as “extended producer responsibility.” But before we start the episode, we have a quick note for you on how the episode is structured. In the first part, we’ll explain what EPR actually is. Then we’ll discuss the three EPR topic blocks: packaging, electrical and electronic equipment, and finally batteries. If you’re already very familiar with one of the topics, you can skip it. You’ll find the exact timestamps for each part in the show notes for this episode. Tino, you’re in the model-making and toy sector. That has a lot to do with packaging too, right?
Tino: Yes, David, and it actually doesn’t just concern packaging, but especially in model making, for example, there are remote-controlled vehicles that are also battery-operated. And of course, the Battery Act applies to those too.
David: And there’s also the Electrical and Electronic Equipment Act.
Tino: Of course.
David: Interesting. And precisely because it’s a very, very complex topic, we want to talk about what I as a seller need to prepare for? What changes are there or have there recently been? Who is it relevant for at all? And all that and much, much more we’ll discuss in today’s episode. For that, we’ve invited two experts in this field: Ida Julia Schlösser, Head of Marketing Lizenzero at Interterzero, and a valued colleague of Tino and me, Marius Haufe, Project Manager for DE Regulations at eBay Germany. Hello everyone, great to have you here.
Ida: Hello!
Marius: I’m happy to be here with you.
Tino: Then let’s get started with you, Marius. As colleagues, of course we know each other. But please tell our listeners who you are and what you do all day as Project Manager DE Regulations at eBay.
Marius: Of course. I’ve been at eBay for almost four years now, and for the past two years I’ve been taking care of all regulatory topics that affect our sellers but also, of course, us as the German marketplace. I think most listeners have noticed, especially from the e-commerce sector, that many legal changes have taken place in recent years, but more are also coming our way. At a European level, but also at a German level. And here I’d like to quote our Managing Director Oliver Klink from your year-in-review: “Europe is stepping on the gas.” I think it can hardly be put more aptly than that. And my job is to take part in this race and create the right solutions for our thousands of sellers and also provide the right information, so that they can sell safely but also in compliance on our eBay marketplace.
Tino: Very nice. And Ida, maybe you’d like to briefly introduce yourself and talk about what your responsibilities are at Interzero?
Ida: Yes, of course. My name is Ida Schlösser. I’ve been working at Interzero for just under five years now. It’s an environmental services provider from Cologne. And more specifically, I take care of the marketing for our online shop Lizenzero. That’s our online shop/our online solutions for the topic of packaging licensing. And that belongs to the dual system Interseroh+, which also belongs to Interzero. And through Lizenzero, you can easily license your packaging and thus be compliant. As Interzero, though, we also deal with many other aspects in the context of the circular economy, so beyond packaging. We’ll probably get to that in a moment.
David: Exactly. Is that also the reason why you and your colleagues at Interzero are the experts for everything related to extended producer responsibility?
Ida: Yes, exactly, you could say that, because Interzero’s core business is actually to close loops and keep recyclable materials in the cycle. And that is exactly what extended producer responsibility, or EPR for short, is also about. Because whenever it’s about EPR, it’s about making recyclable materials contained in packaging, electrical and electronic equipment, and batteries usable again. And since we’ve been dealing with this, with this topic complex, for several years now, we can actually quite rightly describe ourselves as experts. And for all EPR sub-areas, we provide appropriate solutions for affected sellers accordingly.
Tino: Ida, you’ve already mentioned that EPR stands for extended producer responsibility. Can you go into a bit more detail about what’s behind it, or where EPR comes from, and how relevant is it for our sellers?
Ida: Yes, of course. Let me start a bit further back. We all know the term product responsibility. That is the principle according to which market participants/producers of products are also responsible for the quality or safety of these products, for example. And EPR is an extension of that. And as the term already says, extended producer responsibility, Extended Producer Responsibility. Because the German legislator says that the market participant is not only responsible for the product itself, but also beyond that for packaging that is placed on the market with this product or other product components. And this applies to their entire life cycle up to their recovery or recycling. EPR is therefore enshrined in law and is the umbrella term for all responsibilities that, as mentioned, go beyond the pure product or the product itself. What’s good to know for a basic understanding is that there are separate laws for packaging, electrical and electronic equipment, and batteries. That means there is a Packaging Act, there is a Battery Act, and there is an Electrical Equipment Act. So EPR affects all those who place packaging and/or electrical and electronic equipment and/or batteries on the market along with their products. And these people then have to comply with the provisions of the law or legislation that apply to them. Exactly, and normally the obligations include participation or licensing with a service provider that handles recycling. And that’s where we at Interzero come in.
Tino: Of course we’ll also come back later to the Packaging Act or Battery Act that you already mentioned. But first and foremost, this sounds like a huge additional effort for our sellers. Why do these requirements still make sense for our sellers and buyers?
Ida: Yes, actually you have to say that, or broaden the whole thing a bit. The rules make sense for all of us. They are the prerequisite for a functioning, efficient circular economy in Germany. And that means specifically that materials that have already been used can be used again, or something new can be made from them. And that saves immense amounts of greenhouse gases and raw materials every year, and thus actively contributes to climate protection. It’s certainly impossible to deny that there are bureaucratic hurdles. But in our role as a service provider, we always strive, and set ourselves the goal, to provide simple handling for our solutions, or make it available. And of course a high level of digitization.
David: Marius, now I understand, of course, that from an environmental and sustainability perspective this makes a lot, lot of sense. But what does this have to do with us as a marketplace? Why do we as a marketplace point our sellers so strongly to the urgency of EPR obligations?
Marius: A lot of sellers actually ask me that too. Basically, first of all, we have to say that legally we are also obliged to implement these new regulations, including on our marketplace. Usually in the form of a certain duty to monitor. But of course also to offer our sellers the opportunity to sell in compliance on our marketplace. That means we then have to implement certain new fields or technical solutions or create nice partner solutions like the one here with Interzero, to provide you with the best possible guidance and also to be a partner to the sellers as a marketplace, and not necessarily a competitor to the sellers.
David: Okay, then let’s start with the topic that probably affects the majority of our listeners: EPR and packaging. Ida, what’s the deal here? What do sellers need to pay attention to with packaging?
Ida: Yes, exactly here the principle of EPR is anchored in the German Packaging Act, which was briefly mentioned earlier. And this applies to all packaging that goes to the German end consumer and is disposed of by them. The umbrella term for this is or are sales packaging, and we collect these as a dual system. We collect, sort, and in particular recover or recycle them. Sales packaging includes product and service packaging, but also especially shipping packaging, which is very relevant in online retail. And all sellers and producers who place such packaging on the market, meaning fill it for the first time and then, for example, ship it, have extended producer responsibility for this packaging and must act. They are then considered so-called producers. Don’t let this term confuse you; in fact, the law really means this group of those who fill packaging for the first time and place it on the market, not just producers. That means sellers are also explicitly included here. If we take a typical example from online retail, the online retailer, after the order is placed in their shop, takes a shipping carton, fills it with the already packaged product, cushions it well, seals it up and then sends it off in the mail. Then they are responsible for all those packaging components that belong to the shipping packaging and must act accordingly here. The product packaging, on the other hand, which they usually just take from the warehouse and which is already packaged or pre-filled, is usually the responsibility of the producer of the goods. There are exceptions to this, but that is the most common case. It looks a bit different when packaging or products that are already packaged are imported. Then the respective online retailer is responsible for all packaging that is brought into the German scope. And if we look, for example, at a seller from China who ships directly to the German end consumer, they are also responsible for all packaging that they bring into Germany through shipping.
David: So as a seller, I have to pay attention to whether I import the goods I resell from elsewhere in the EU or from abroad or not? And then accordingly I’m either not responsible for the product packaging, or I am in the case where I import it from abroad?
Ida: Correct, that’s a good summary. What’s important is that the online retailer is always considered the final distributor, and this means they have the duty to actually check whether the product packaging, in the case where it was not imported, has really also been properly registered, licensed, etc. You can do that via the LUCID registration database, which is publicly accessible. We’ll probably come back to that in a moment when it comes to the list of obligations.
Tino: Very nice. Ida, and what do I need to do as a seller to comply with the German Packaging Act, or VerpackG for short?
Ida: Exactly, in this context it’s good to remember that there are three to-dos in total that need to be completed at two contact points. Contact point number one is the “Central Agency Packaging Register” with the registration database LUCID, abbreviated ZSVR. That is the supervisory authority for the German Packaging Act. And here you need to register once. Then it’s on to contact point number two. That’s the service provider or, in the case of the Packaging Act, the dual system with which you have to license your packaging so that recycling can be ensured. For example, that’s Interseroh+ via Lizenzero, our online shop. And contact point number three, or rather back to contact point number one, namely the ZSVR or the LUCID registration database. Here you now record your licensed packaging quantities and the name of your dual system and have thus fulfilled your data reporting obligation. So, to summarize again, you have a registration obligation in LUCID, a licensing obligation with the dual system, and a data reporting obligation again in LUCID. You get the EPR number you need for marketplaces like eBay from the packaging register LUDIC and the system proof from your dual system, for example Lizenzero.
Tino: Interesting. But my question now would be: is there a clear checklist somewhere that you might recommend?
Ida: Yes, we provide one ourselves, and we’ve also prepared something accordingly and linked it in the show notes. That applies both to the to-dos in the context of packaging, but also to electrical and electronic equipment and batteries. We’ll get to those two topics right away.
David: Marius, in addition, together with Lizenzzero, our partner for the Packaging Act, we came up with a great goodie for 2023. With the code “EBAY23”, all sellers receive a hefty discount on the 2023 license year. Could you briefly explain why we decided on this?
Marius: Yes, of course, gladly. I think we all noticed last year that costs are rising across the board for us as private individuals, but also for commercial sellers and especially smaller sellers. Costs are rising massively. And to support them in particular, together with Interzero, or more specifically with Lizenzero, we created this offer here. You already mentioned the code, David: “EBAY23.” With that you get 10% off the 2023 license year, and through incentives like this we want to provide relief at the right place for all eBay sellers, so that the topic of environmentally friendly packaging doesn’t fall by the wayside.
Tino: Exactly. And Ida, now we know what I as a seller have to do if extended producer responsibility, or EPR for short, concerns packaging. What about the Electrical and Electronic Equipment Act? You already mentioned that too.
Ida: Exactly here, as the law says, it’s about electrical and electronic end devices, that is, finished devices with an independent function. What’s good to know is that in this context people often also speak of “WEEE” or “W with three Es.” For Waste Electrical and Electronic Equipment. In principle, that can be understood as synonymous, but of course it helps with understanding because both terms are often used. The ElektroG concerns all sellers and producers who either manufacture electrical and electronic equipment under their own name or brand and sell it themselves in Germany, or companies that sell third-party devices under their own name or brand to the German end consumer. And likewise companies that import electrical and electronic equipment from abroad into Germany or send it directly from abroad to German end consumers. As with the Packaging Act, these are referred to as producers according to the same logic and are accordingly obliged to fulfill the requirements of the ElektroG. In the context of the ElektroG, there is also the role of distributor. This is, for example, the seller who resells electrical and electronic equipment in Germany. However, the prerequisite for this role to be fulfilled is that it has been checked that these devices have already been registered accordingly.
Tino: And here too the question: what do I need to do as a seller to comply with the German ElektroG?
Ida: Yes, similar to the Central Agency Packaging Register in the context of the Packaging Act, there is the so-called “Stiftung Elektro-Altgeräte Register,” or EAR for short, for the ElektroG. And here I must first register as a producer. For foreign sellers, it is also required to appoint an authorized representative. Then I have to provide a guarantee and deposit it with EAR, and then commission a recycling system for the collection and sorting of waste electrical equipment. It should already be mentioned here that we will soon be launching an online shop analogous to Lizenzero for the ElektroG topic. And all information about that will also be in the show notes. In addition, I still have to label my devices and inform end users about disposal, etc.
David: Ida, you just mentioned this “WEEE” or “W Triple E.” Is that the same as this EPR number and the WEEE number, don’t forget the third E, is that the same or something different?
Ida: Yes, exactly, that’s the same. “W Triple E” number or EPR number, which I receive from Stiftung EAR once I’ve registered there, can be understood synonymously.
Marius: I’d like to jump in briefly here as well. From now on you can store your WEEE number in your business account. So if you already have the number, please enter it. If not, we’ll get back to you fairly soon with communication on how you can register, and then you can also store the number with us afterward.
David: Very good. And then finally we come to the topic of batteries that we already announced. Could you maybe explain to us, Ida, what that’s about? What do you need to watch out for?
Ida: Exactly, gladly. Here, finally, it’s about rechargeable batteries and batteries. And here you are responsible as a so-called producer, according to the logic of packaging and ElektroG, if you manufacture batteries or import them or export them to Germany. In case of doubt, together with electrical and electronic equipment, because batteries are also affected when they are already in corresponding devices. That is why the ElektroG and the BattG are also closely connected. You can already see that from the fact that you also have to register with EAR in the battery context.
David: Okay, understood. And again the question: what would be my next steps as a seller to comply with the German Battery Act and implement it in a compliant way?
Ida: Here, too, registration with EAR, i.e. Stiftung Elektro-Altgeräte Register, as a producer is required. Here too, as mentioned, you can see that ElektroG and BattG run very closely side by side or are very closely linked. I need a take-back system that I have to commission for battery take-back, and I have to label my batteries.
Tino: Marius, and if you now look into the crystal ball, what does the future look like? Are there more regulations coming for our sellers in relation to EPR? Or is that it for now this year?
Marius: Yes, I’d like to use the usual metaphor at the beginning. We’ve already sharpened our tools to get through the increasingly dense legal jungle together with our sellers and especially our partners. There is actually still something coming this year in the area of single-use plastic. For example, products like to-go food packaging, drink cups, balloons, but also tobacco filters are to be reduced by requiring manufacturers or market participants to share the costs of take-back or also involve disposers. And in future they will also have to register with the Federal Environment Agency. In addition, environmental initiatives of the current EU Commission will be implemented in the future. Just to touch on that briefly again, especially with regard to the Circular Economy, or in German Kreislaufwirtschaft. That is part of this big Green Deal package; some listeners may have heard of it. This includes, for example, parts like the Ecodesign Directive, but also further changes to the Packaging Directive. In particular, the aim is that only recyclable packaging should be placed on the market by 2030, and the Battery Regulation, which she just summarized really well. I’d like to mention again here that we will inform affected sellers in good time, at any time, and of course also provide solutions again. So don’t get nervous. We’re here for you.
David: How do you assess the current situation? So, do you feel that German sellers are well prepared for the change, or is there still room for improvement?
Marius: I’d like to take the floor here. We’re in a lot of exchange here, also with our sellers, and I get the feeling it’s being implemented very conscientiously. So the sellers already know a lot, because the obligation for sellers is usually much earlier than for us as a marketplace. And that means the conversations can be held very differently. And there is generally always an understanding of the topic, especially because it’s about the circular economy here. It’s also about sustainability and, in a certain sense, climate protection, which is also what these topics are meant to achieve. In that context, together with Statista, we conducted a survey last July, aimed primarily at medium-sized sellers. The target group was managers and employees of businesses with up to 500 employees. In total, just over 780 people took part, and 675 of them also had an eBay shop. It was very interesting that 60% of respondents were prepared, i.e. very well to well prepared, for the Packaging Act, which had just come into force as the most recent law. So the sellers were apparently very well prepared. With the electronics law, however, only 20% were, although half said that they are not affected by the law at all. As Ida described earlier, it’s about electronics and electrical devices, and not everyone falls under that. I think that underlines my initial assessment that sellers are very much on the ball and that we also need to stay on the ball to educate them here and show them how they can operate in compliance on our online marketplace.
David: Very good. Ida, do you have anything to add, or does Marius’s perception match yours?
Ida: Absolutely, I agree.
David: That’s nice. Then thank you very much for your introduction to this admittedly not uncomplicated topic. And one last question to finish. Marius, can we still lend our sellers a hand in any way? So, is there an educational offer that we as eBay as a marketplace can still provide, besides this podcast episode now?
Marius: Of course, first of all I’d naturally point you to the pages of Interzero and Lizenzero out of politeness. We at eBay also offer plenty of options. The Seller Portal, the Legal Portal, which is also available for German sellers. And in the Seller Hub you’ll also find plenty of information about existing laws, but also about future laws that are coming up for sellers.
David: Very good. We’ll כמובן link that again in the show notes so you can easily find all the information again. On the one hand the Interzero and Lizenzero platform, but of course also the eBay Seller Portal and Legal Portal.
Tino: Yes, and that’s it already. We’re pretty much at the end of our podcast. But of course, as always, we have a very special question at the very end. And that is: what was the last thing you bought on eBay? Ida, let’s start with you!
Ida: Yes, I have to admit it as a woman. It was shoes.
David: I have to say, I think, Tino, I don’t know how you feel, but we also buy shoes quite often.
Tino: Actually just the day before yesterday.
David: You, as a bit of a sneakerhead.
Tino: Bought sneakers again just the day before yesterday. Yes, excellent. And you, Marius?
Marius: I also like buying shoes on eBay. Mine was something a bit special this time. I bought a custom-made fireplace pane. It shattered at Christmas. To this day I wonder whether it was the heat from the fireplace or the heated atmosphere that often reigns in the family at Christmas. But regardless of the background, I think that also shows a bit of what makes eBay special. Even for these special requests, you’ll hardly find any platforms where you can have something like that at home within a week.
David: Wild.
Tino: Dear Ida, dear Marius, thank you very much for being here. That was fun.
Ida: Very happy to. I had a lot of fun too.
Tino: Great round. Great that we could talk about the topic.
David: Very nice. Thanks to both of you.
Tino: We look forward to your feedback. Which tips from Ida and Marius helped you the most to get to grips with this topic? Or have you already had your own experiences with the topic and would like to tell us about them?
David: Of course, you’re very welcome to leave that in the community as a comment. We’re also always very happy if you leave us a subscription or a like where you’re listening to us, if possible. And maybe a rating too. And I’ll say goodbye and see you next time.
2 comments
Anonymous User
·3 years agoThat was probably the first and last podcast I listened to here, this gender-inclusive language is unbearable!
ratatui2
·3 years agovery well presented. Three things for consideration:
— are we in Germany? Then speak only German; I’m not interested in English terms when there are German ones too
— why this crap gender language. That’s so stupid...
— I’m a small business owner and am currently using the envelopes and padded envelopes I bought before corona. But I still had to pay the green dot a minimum amount of 144 or 166.60 € for 2021 and 2022 respectively, and with much less turnover.
Best regards
Klaus Löhlein