Producer without a branch in Germany need an Authorized Representative for WEEE

October 24th 2015 the amended ElektroG came into force, the German interpretation of EU Directive 2012/19/EU. Foreign companies without a registered office in Germany have to note several changes. For those producers/importers it is not permitted anymore to register themselves with the „Stiftung EAR“, the German Registration Authority.

To whom does the new regulation apply?

When a producer without German subsidiary delivers his products via distance selling directly to end-users, regardless if private or business clients, it is necessary for him to appoint a WEEE Authorized Representative (AR).
The WEEE representative can be appointed, when the producer without German branch explicably desires to execute the registration on his own, either to keep independent from importers of his products or to support them.

Who is entitled to act as WEEE Authorized Representative?

E.g. importers, distribution partners or lawyers can take over the responsibility as WEEE-AR. Or just ask us – we would be glad to support you as your WEEE Authorized Representative: +49-40-18 29 07 02.

Authorized Representative - Who is concerned?

Producers having a valid registration within „Stiftung ear“:

• With the enactment of the amended German ElektroG on October 24th, 2015, the legislation has changed for foreign producers without a registered branch in Germany.
  So far it was possible for producers without an office in Germany to register themselves within „Stiftung ear“. Many producers took advantage of this possibility.
• This is not possible anymore. More than that, the “Stiftung EAR” intends to delete all existing registrations of foreign producers soon. Until now they effected no deletion and did not send any reprimand or fine notice although the AR should have been authorized already until 1st May 2016.

Foreign Producers distributing directly to German end user (B2C and B2B):

• Producers from other EU countries and from third countries (Non-EU), trading via distance selling directly to end users in Germany, have to make use of an Authorized Representative in Germany, who takes over – on their behalf – their duties originating from (amended) ElektroG. Each producer may only announce one representative in Germany.

Producers, who are distributing to German importers:

• Producers from other EU countries as well as from third countries (Non-EU), who are distributing to importers/distributors located in Germany, are not obligated to register. This obligation is to be done by the importer or distributor.
• But, Producers distributing to importers in Germany, who want to register themselves:
  Producers from other EU countries as well as from third countries, who want to trade independently from importers/distributors in Germany or who want to simplify business for them by taking on registration obligations (from them), are free to choose one of the following options:
  They can either:
  -    open up a branch in Germany or
  -    engage an Authorized Representative in Germany, who will take over all of their duties originating from ElektroG/WEEE.
  Each producer may only announce one Representative in Germany

Ask us for more information! We would be glad to support you as your WEEE Authorized Representative: +49-40-18 29 07 02.

Authorized Representative - What are we doing?

Our performance and services:

We are pleased to take over all duties of an Authorized Representative (AR) in Germany for our customers.

What are the tasks of an AR?
The Representative completely takes over – by law – the producer’s responsibility to comply with the amended ElektroG/WEEE in Germany.
This means, that the AR doesn’t only work through various administrative tasks related to „Stiftung ear”, but also receives and checks invoices as well as eventual fines and reprimands, initiated by competitors (quite common in Germany).

The AR has to:
-    Sort the products into the correct ElektroG-category,
-    to put up a justification in German language (leading to B2B status),
-    register himself within „Stiftung ear” on behalf of the producer,
-    to pick and order a fitting guarantee,
-    to contract a disposal partner,
-    to execute monthly notifications within the register,
-    to execute the annual notification within the register,
-    to communicate all possible changes immediately to „Stiftung ear“,
-    to pay the invoices of „Stiftung ear“ and,
-    take responsibility for the correct branding of the products.

We are ready to start as your German office for WEEE, and in addition we really take care about costs. Call experts, calls us: +49-40-18 29 07 02!