ElektroG 17 Authority to Designate

ElektroG 17 Authority to Designate

(1) The Competent Authority may designate responsibilities set out in Section 9 (5) sentence 4 and Section 16 (2) to (5), including enforcement of associated administrative acts, to a civil-law legal entity, a partnership with capacity to act in its own right or another suitable agency set up by producers as a clearing house. The designated agency guarantees proper performance of its designated responsibilities. It is seen to provide the necessary guarantee if:

1. The persons who exercise managerial and representative duties by law, partnership agreement or articles of association are responsible and qualified.

2. The designated agency has the necessary facilities and structure to perform its duties.

3. Compliance with provisions on confidentiality and data privacy is ensured. The designated agency may only assume the responsibilities set out in this Act.

(2) The designating authority may grant its designated agency the authority to levy charges for the services provided and claim associated expenses.

(3) Designation shall be made public in the Federal Gazette (Bundesanzeiger).