Although the Waste Electrical and Electronic Equipment Directive (Directive 2012/19/EU) has not yet been transposed into national law, German electrical retailers are already feeling its effects: namely in the form of warnings from Austria. The reason for this is that retailers have failed to appoint an authorized representative in Austria. Warnings are also expected from other EU member states.
Appointment of an authorized representative already mandatory in Austria
The transposition of the Waste Electrical and Electronic Equipment Directive (2012/19/EU) into national law entails a number of changes for online retailers.
Austria has already implemented the directive with its new WEEE Ordinance (EAGVO). According to § 21b Abs. 1 of the WEEE Ordinance, a distance seller who supplies electrical appliances to consumers in Austria from another EU Member State must appoint an authorized representative based in Austria. This person is responsible for fulfilling the obligations arising from the Regulation. Anyone who fails to appoint an authorized representative commits an “administrative offence” and is liable to a fine.
First warnings from Austria to German retailers
In the meantime, German online retailers have received warnings from Austria for not appointing an authorized representative. The sender is the “Protection Association against Unfair Competition”, which is based in Vienna.
In the letters, the addressees are urged to appoint the necessary authorized representative in order to avoid “otherwise necessary court proceedings”. They are requested to submit confirmation of the appointment and proof within a two-week period.
New Electrical and Electronic Equipment Act not yet in force in Germany
Germany has not yet transposed Directive 2012/19/EU into national law. However, the amended Electrical and Electronic Equipment Act is expected to come into force shortly.
After that, a direct obligation to appoint an authorized representative will probably also arise from national law. According to § 8 para. 5 of the Directive, a dealer established in Germany who delivers electrical appliances to another EU Member State by way of a distance selling transaction must appoint an authorized representative there. The authorized representative is responsible for fulfilling the obligations under Directive 2012/19/EU.
Failure to appoint an authorized representative constitutes a breach of contract pursuant to § 45 Abs. 1 No. 7 of the new Electrical and Electronic Equipment Act and can be punished with a fine of up to €100,000.
Appointment of an authorized representative will probably be mandatory in future under the new ElektroG
In other EU countries, too, the appointment of an authorized representative is now mandatory or will be mandatory once the directive has been implemented, and non-compliance is subject to corresponding sanctions. The appointment of an authorized representative abroad is therefore unavoidable for dealers who supply electrical appliances to other EU countries.