Authorization according to EPR guidelines
The implementation of the European WEEE, and Packaging and Battery Directives entail extensive obligations for you as a manufacturer, distributor and possibly also as an e-commerce retailer. In the area of WEEE registration, for example, you need an authorized representative in each country if you want to export goods abroad or import them into Germany without having a local branch.
Legal representatives in terms of the European directives for WEEE, packaging and batteries
Section 8(1) of the ElektroG stipulates that manufacturers as defined by the law—which may also include importers, dealers, and distributors—must operate a branch office in Germany. The reason for this is the obligation to take back waste electrical and electronic equipment. Alternatively, foreign companies may appoint an authorized representative. You must document this appointment in a written contract in German, and the appointment must be agreed upon for a period of at least three months. Subsequently, as a manufacturer, you must notify the relevant authorities that you have appointed an authorized representative. In order for the authorized representative to act on your behalf, you need approval from the stiftung ear.
Ein Hersteller im Sinne von § 3 Nummer 9 Buchstabe a bis c, der keine Niederlassung im Geltungsbereich dieses Gesetzes hat, muss einen Bevollmächtigten beauftragen. Jeder Hersteller darf nur einen Bevollmächtigten beauftragen. Die Beauftragung hat schriftlich und in deutscher Sprache zu erfolgen und muss mindestens drei Monate wirksam sein.
The national transpositions of the EU Packaging Directive, however, do not oblige foreign manufacturers, importers of packaged goods and distributors to appoint an authorised representative in every country. The German Packaging Act (VerpackG) allows for the appointment of an authorised representative. Appointing an authorised representative is advantageous for companies based abroad, as your authorised representative in Germany can communicate with the authorities on your behalf and ensure that you fulfil all obligations under the VerpackG. Without an authorised representative, you would have to deal with this yourself, which can be difficult and time-consuming due to language and legal barriers. The German Battery Act also permits the appointment of an authorised representative, though it does not stipulate this as a mandatory requirement for market participation for foreign companies.
Tasks and individual services of the legal representative
You can appoint any natural person or legal entity established in Germany or the target country as legal representative. Your authorized representative represents your company with regard to the tasks imposed on you by national laws. When operating abroad, the authorized representative also ensures that you, as a foreign company, act in accordance with the law, fulfill all obligations and meet all deadlines. He is liable for omissions and violations under both civil and administrative law, so that any errors are not at your expense.
We illustrate the great variety of tasks with the example of the Packaging Act. Your authorized representative is responsible for complying with legal requirements on behalf of your company. This includes registration with authorities and waste disposal companies, quantity reports for the coming, current and previous year, fulfillment of notification obligations and submission of the audited declaration of completeness. Last but not least, the authorized representative will also take care of your company’s participation in a deposit system if you deal with products subject to deposit.
As a distributor, how do you benefit from our legal representation?
Having a legal representative offers you many advantages. For one thing, you can be certain that your authorized representative will act in full compliance with the law on your behalf, since they are familiar with the legal details. Second, you save an inestimable amount of time and effort by delegating the extensive tasks and obligations to your authorized representative. If you are a German company wishing to trade in electrical and electronic products abroad, you are required by law to establish a legal representative in any case.
Legally represented and secured with CERTIFY
CERTIFY is a specialist in the field of EPR guidelines and the resulting national laws and regulations. We will be happy to act as a central office for you and appoint authorized representatives on your behalf both in Germany and throughout the EU, as well as in the UK, Norway, Switzerland and other countries. This way you do not have the hassle of analyzing different possible representatives, negotiating and communicating with them. We know many and we look for the best one in each country in terms of both price/quality ratio, but also legal security and quality of service. With CERTIFY by your side, you can be sure that all deadlines, laws and obligations will be met. Our comprehensive service also includes topic-specific advice and support with various registration processes. Contact us now and become part of our large customer base from industry and trade!
FAQ: Key questions about authorisation and EPR
Yes, it is mandatory for WEEE, packaging, and batteries. The authorized representative must be based in Germany and acts as the legal representative in dealings with the authorities. He or she is liable to third parties.