On 21 May 2021, take-e-way reported on European WEEE enforcement. In a current case referred to take-e-way, the Federal Environment Agency sent a “hearing as a secondary party to an administrative offence” notice to a company based in Germany for delivering electrical appliances from Germany to Austria, Denmark, Spain, France and Italy without first commissioning an authorised representative in the respective countries. On anwalt.de, solicitor Johannes Richard of the law firm Richard & Kempcke GbR also expressed an opinion on this topic:
“Anyone offering EU-wide shipment of electrical appliances is obliged to appoint an authorised representative in all other 26 EU member states and to register with the respective disposal system. […] Since there has been an obligation to appoint an authorised representative when shipping electrical appliances to other EU member states, we have so far not become aware of any proceedings for fines, whether in Germany or by foreign authorities. The situation has now changed, however. The Federal Environment Agency is currently sending out letters calling for a hearing on account of an administrative offence. […] The failure to appoint a responsible person or authorised representative is a regulatory offence under Section 45 (1) No. 7, (2) of the Electrical and Electronic Equipment Act (ElektroG), liable to a fine of up to €100,000. […] In my experience, the extent of the fine depends, among other things, on how extensively and for what profit electrical appliances were sold without registration.”
If you sell electrical equipment to other EU Member States and you are not registered there or you need an authorised local representative, you are advised to take appropriate measures without delay.
Florian Spreu will gladly assist you on this subject. Please call +49/40/750687-159 or send an e-mail message to firstname.lastname@example.org.
For more information on our international compliance services related to the placing on the market of electronic equipment, batteries/rechargeable batteries and packaged products or packaging, please click here: https://www.take-e-way.com/services/international-compliance/