Clearing House publishes details on Authorized Representative

Today, the Clearing House for the German WEEE legislation, Stiftung EAR, has published details as well as FAQ on the new requirement to announce an Authorized Representative (AR). Until 24 April 2016 latest, foreign producers or distributors (form the EU as well as from the rest of the world) need to apply for a new registration via a German Authorized Representative, if they can’t or don’t want to provide a registered office in Germany.

The facts:

  • The Authorized Representative replaces the producers in terms of the differente obligations of the new “Elektrog2”, i.e. he doesn’t only have to follow all requirements, but is also the entity affected by fines and other sanctions. Furthermore, he needs to cover all costs, i.e. fees, guarantees, recovery efforts, etc.
  • Any reliable and capable natural and legal entity can become an Authorized Representative for the German WEEE legislation as long as it’s registered address or office is on German ground. Additionally, the AR should speak German and be able to provide a German giro bank account for the withdrawal of the Clearing House fees.
  • A producer may only announce one single Authorized Representative. However, an AR may represent different producers, but obviously a separate WEEE registration per producers is required.
  • Foreign producers without a German office which are currently registered at the German WEEE Clearing House need to re-apply for a new registration providing an AR until 24 April 2016 latest. The Clearing House will withdraw the current registration afterwards.

The procedure for the new AR WEEE registration is as follows:

  1. First, producer and AR need to conclude an assignment agreement in German language which has to contain certain mandatory phrases.
  2. Both parties then need to apply for the checking of the agreement at the Stiftung EAR.
  3. After the acknowledgement and conformation of the assignment by the Clearing House the AR can apply for the actual WEEE registration. As usual, all pairs of brand marks and equipment types need to be covered. For that purpose the Authorized Representative compiles an appropriate substantiation (B2B) or provides a Financial Guarantee (B2C) which explicitely needs to mention the assignment of the AR by the producer.

The new table of fees (ElektroGGebV) by the Clearing House contains new cost positions for the management of the AR which are added to the regular fees (all costs plus taxes):

  • Acknowledgement of the announcement: EUR 264,90,
  • Acknowledgement of the changing of the AR: EUR 132,40
  • Acknowledgement of the termination of an assignment: EUR 66,20

1. Update: The Authorized Representative needs to provide at least the German tax ID or the VAT ID. Without any of these credentials, the EAR system doesn’t accept the registration application.