As one of the last EU member states, Germany transposes the new EU WEEE Directive (2012/19/EU) into national law: The ElektroG2 will enter into force on October 24, 2015. One of the most important changes refers to the new producer definition and the appointment of an Authorized Representative (AR).
A foreign distance seller who sells directly to end-users in Germany is then explicitly mentioned to be the “producer” and will therefore have to fulfil all producer obligations as e.g. registering and reporting. In order to manage this task, he will have to appoint an AR. If a foreign manufacturer sells its products via the distribution channel, the importer is considered to be the “producer”. However, the law still provides the possibility that the manufacturer appoints an AR in Germany who assumes all obligations.
1cc has elaborated different courses of action to ensure your future WEEE compliance in Germany:
1. Evaluation of your current WEEE obligations (sales via an importer, only distance selling, sales via an importer and distance selling)
2. Individual assessment of the options to appoint an AR:
Appoint a German entity of your company group as your AR
Appoint a German distribution partner as your AR
Contract a third party service provider as your AR
Set up an new German-based entity as your AR
3. Organising the necessary contracting with the selected AR and adaptation of your registration with Stiftung ear