Who is required to register when selling to foreign retailers?
When it comes to cross-border sales, we are regularly asked who is considered the producer in the destination country for the purposes of the relevant EPR regulations. In practice, this is often linked to a further question: Can, for example, a German company register ‘voluntarily’ in the country of destination and assume the EPR obligations for its distributor(s), even though it might not be subject to registration itself under the legal definition of a producer?
The answer varies depending on the material stream and the country of destination. In particular, for WEEE, batteries and packaging, there are different regulations governing the definition of a producer, the appointment of an authorised representative and the possible assumption of EPR obligations. In addition, national regulations and the practices of the respective registers may play a role.
Companies operating internationally should therefore clarify the following before registering:
Who is considered the legal producer in the specific distribution model?
Is a “voluntary” registration by the foreign supplier desired?
And if so, is it allowed and what would be required for this (e.g. power of attorney)?
Special circumstances are also important in the case of branches, subsidiaries, commercial agents/commission agents, private label products and mere intermediaries. If, for example, the foreign ‘retailer’ does not act as the purchaser and reseller themselves, but merely acts as an intermediary, and the contract of sale is still concluded between the German company and the end customer, the assessment may be different.
PS: When selling to foreign end customers – whether consumers or business customers – the above questions do not arise: in such cases, the exporting company is the producer within the meaning of EPR legislation and is therefore required to register in the relevant destination country.
Would you like assistance in clarifying these issues? Request a quote for our EPR Compliance Check.
