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
§ 8 Para. National laws stipulate that obliged parties within the meaning of the EPR law, must operate a branch or provide a legal representative. The reason is the obligation to finance disposal and recycling. Therefore, foreign companies can appoint an authorized representative. The POA must be written in the national official language, and it must also be agreed for a certain period of months. As a manufacturer, you must then inform the relevant authorities that you have commissioned an authorized representative. Each distributor may only commission one authorized representative.
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.
Some national laws also allow authorization but does not specify it as a mandatory requirement for foreign companies to participate in the market. But without an authorized representative, you would have to take care of it yourself, due to language and legal hurdles can be difficult and time consuming.
CERTIFY offers you legally secured solutions and services that impress with efficient and smooth processes. We relieve you of your duties so that you can concentrate on your core business. Enjoy 100% legal compliance!
Tasks and individual services of the legal representative
Your authorized representative represents your company regarding the tasks imposed on you by the national EPR laws. Abroad, the authorized representative is obliged to fulfill all obligations and meet all deadlines in your name and therefore is liable for its own as well as your actions.
Let us illustrate this great variety of tasks using the example of the German WEEE Act “ElektroG”. Your representative must take over the registration with stiftung ear, 12 monthly reports, annual forecast report, annual closing report, deposit of approved insolvency proof guarantee, payment of fees and last but most importantly the disposal in accordance with the instructions of the authority as well as collection and installation of suitable containers for disposal throughout the territory of the Federal Republic of Germany within 72 hours. !!! Nicht zuletzt kümmert der Bevollmächtigte sich auch um die Teilnahme Ihrer Firma an einem Pfandsystem, wenn Sie mit pfandpflichtigen Getränkeverpackungen handeln. !!!
As a distributor, how do you benefit from our legal representation?
Legal representation through CERTIFY offers you many advantages. On the one hand, you have the certainty that your authorized representative is 100 % legally compliant, as we are familiar with the legal details since many years. On the other hand, you save an invaluable amount of time and effort by transferring the extensive tasks and obligations to us. If you, as a foreign company, want to trade electrical and electronic products abroad, you are obliged to set up a legal representative anyway.
Legally represented and secured with CERTIFY
CERTIFY is a specialist in the field of EPR guidelines and the resulting national laws and regulations. We are happy to act for you as an authorized representative in Germany as well as in the entire EU as well as in Great Britain, Norway and Switzerland. 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!