WEEE Directive and Exports: Why do you need a representative according to the WEEE directive when you export?
Anyone who exports electrical or electronic products as a German manufacturer or retailer has to appoint a representative. The representative must be appointed in the country of delivery concerned and will be responsible for the proper disposal of waste electrical equipment according to the WEEE directive. The duty concerns you are a retailer in principle if you sell electrical equipment in other EU countries, irrespective of the size of your company or warehouse.
Within the context of the WEEE directive, retailers and manufacturers who export are required to appoint a representative in the country to which they are exporting. This representative will take care of all matters relating to the return and disposal of waste electrical or electronic equipment. Exceptions do not apply to online shops, but there may be come if there is a branch in the country in question.
Status of the representative
In principle, the WEEE directive requires the same rights and duties in all 28 member states and their national transposition. This also applies to German transposition in the form of the Electrical and Electronic Equipment Act (ElektroG). For exporters and remote sellers this means an obligation to register abroad and the duty to appoint a representative.
In this connection, you should consider that the definition and the requirements of a destination country can sometimes differ greatly. This is associated with particular challenges, even the regulations in question must be considered separately. In return, foreign manufacturers and retailers have the duty to appoint a representative in Germany if they export goods to this country.
The duties under the WEEE directive also apply to online retailers who supply to other EU countries. This presents particular challenges for smaller online retailers of they sell electrical equipment to several EU countries.
The term “exporter”
You care classed as an exporter within the meaning of WEEE legislation if you commercially export electrical or electronic equipment to other member states of the EU. In these cases, you are not subject to the German Electrical Act, but rather the duties of the relevant national WEEE transposition in the destination country.
Do you commercially distribute your electrical or electronic equipment to users in the destination country through direct sales? These can be commercial or private users. In this case, as an exporter you have to ensure your own solution for the implementation of the WEEE that is accepted in the destination country. In most cases, this involves appointing a representative. There may be an exception if you have your own branch in the destination country.
