Of course, a foreign company can sell electrical appliances in Germany. However, the compliance obstacle is heavier now due to full enforcement of e-commerce marketplace such as Amazon and more frequent random audit of the authority. In addition to the appointment of an authorized representative, the legislature sees the establishment of a branch or the conversion of sales channels as alternatives. In the following we would like to briefly explain the possibilities.
Authorized representative for German WEEE
A service provider can act as an authorized representative for a company in accordance with Section 8 (2) ElektroG (German Electrical Products Law) and assume all rights and obligations from the ElektroG. The resulting risks are usually priced in accordingly by the service provider.
If the company has a branch in Germany, he can register this with Stiftung EAR. In this case, Stiftung EAR must be shown that the branch in Germany carries out a commercial activity and rents premises and pays staff for this purpose. However, an entry in the commercial register is not mandatory.
Change distribution channels
In principle, a company is also required to register with Stiftung EAR if he sells his devices through dealers in Germany. In fact, however, only the dealer is held responsible if there is no registration for the devices placed on the market. If the company agrees with his retailer that the retailer registers properly with Stiftung EAR and fully registers the devices with the company’s brands, the company’s obligation is thereby fulfilled.
Should the distributor or manufacturer register the German WEEE?
We recommend the manufacturer or the exclusive distributor to register German WEEE. If the manufacturer has its own German WEEE registration number, all his distributors can use this number to be opted out of the WEEE compliance obligation that is now strongly enforced by marketplace such as Amazon.