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.
A manufacturer within the meaning of § 3 number 9 letters a to c who does not have an establishment within the scope of this Act must appoint an authorized representative. Each manufacturer may appoint only one authorized representative. The assignment must be in writing and in the German language and must be effective for at least three months.
The national transpositions of the EU Packaging Directive, on the other hand, do not require foreign manufacturers, importers of packaged goods and distributors to appoint an authorized representative in every country. The German Packaging Act allows the possibility of appointing an authorized representative. The assignment is advantageous for companies based abroad, as your authorized representative in Germany can communicate with authorities on your behalf and ensure that you fulfill all obligations arising from the VerpackG. Without an authorized representative, you would have to take care of this yourself, which can be difficult and time-consuming due to language and legal hurdles. The German Battery Act also permits authorization, but does not stipulate it as a mandatory requirement for foreign companies to participate in the market.
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
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?
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 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!