Types of authorizations
The issue of authorizations within and outside of the EU frequently causes confusion and mix-ups among sellers. The question whether you need an authorization service or can take care of the necessary tasks yourself is not always easily answered. Therefore, this blog post explains the most important types of authorization and answers the most frequently asked questions on this issue.
Authorizations within the EU
Two different types of authorization are most relevant for e-commerce sellers within the EU: The authorized representative for the extended producer responsibility and the authorized representative for the offer of goods. Let us take a closer look at these two positions.
Authorizations for the extended producer responsibility
The extended producer responsibility (EPR) applies in every EU country. However, there is no corresponding central authority, which is why you, as a seller, are responsible for registering and paying the respective fees in each country you sell and dispatch your products to.
Since every country has its own rules in this respect, this responsibility can easily become too much for sellers, especially new ones. If you do not yet know the term “extended producer responsibility”, you can find detailed information here and here.
France, for example, holds a special position with respect to the EPR because there are additional product groups that have to be registered separately there. The Netherlands and Sweden followed this example and made textiles subject to registration as well, while other countries such as Italy and Finland are currently working on the implementation of such a system.
To keep this blog post as short and concise as possible, we have decided to focus on the countries that have special regulations in regard to the authorization, and the countries that require participation in the dual system from the first unit sold, i.e., that do not provide for a de minimis limit.
If you are looking for a partner regarding the authorization for electronic waste and batteries, we are happy to recommend our partner Certify.
Extended producer responsibility for packaging waste
- Germany: Most (German) sellers probably know about LUCID, and the participation in a dual system such as the Green Dot. Registering the corresponding registration numbers with marketplaces such as Amazon is mandatory nowadays. Since you can do the registration and the quantity declaration yourself, an authorized representative is neither necessary nor provided for.
- Austria: The amended Packaging Ordinance came into force in Austria as of Jan 1, 2023. Since then, an authorized representative is mandatorily required for every seller who does not have a registered office in Austria.
- Spain: To register with the Spanish “Product Producer Register”, you have to assign an authorized representative. Furthermore, sellers need a so-called NIF-N-ID for foreign businesses.
- France and Poland: Like in Germany, it is possible, at least in theory, for you to take care of the EPR for packaging yourself. However, please note that the respective websites are usually available only in French or Polish, respectively.
Extended producer responsibility for electronic waste and batteries
- Germany: If your company does not have a registered office in Germany, you need an authorized representative for participation in the system for the disposal of electronic waste and for the required quantity reports. You do not need an authorized representative for the participation in the disposal of batteries alone.
- France, Spain and Italy: If you send your goods to one of these countries, you have to participate in the local system for the disposal of electronic waste. France and Spain require an authorized representative for every seller who does not have a registered office in the respective country. In Italy, on the other hand, you can take care of the respective registrations yourself.
Authorization for the offer of goods
The necessity of such an authorization is a nasty surprise for many sellers because it entails additional costs. Offering products within the EU is admissible only if you either have an address in the EU, use the address of the importer or another individual or legal entity in the EU, or have an authorized representative with a registered office within the EU.
This is meant to ensure greater legal security because it ensures that any manufacturer is accessible, and any infringements can be persecuted in court. Many people wrongly believe that companies registered in Switzerland are an exception. They are not!
Circumventing the obligation by finding a manufacturer within the EU is not an option if you affix your own trademark to the product, which makes you the quasi-manufacturer. What counts is your own company’s registered office. If, however, the manufacturer in the EU consents, you can indicate them on the product. Tradavo also offers an EU authorized representative service!
Authorizations outside of the EU
Our service specializes in the regulations within the EU, but for the sake of completeness, we will briefly address the issue of authorizations outside of the EU below.
- Authorizations for the extended producer responsibility: This term only exists within the EU. You should therefore absolutely clarify whether and to what extent a registration in countries outside the EU is necessary before launching your product, using services in the respective country.
- Authorizations for the offer of goods
- Great Britain: You are only allowed to offer products in Great Britain if you, as seller, either have an address in the UK, use the address of an importer or another individual or legal entity, or if you have an authorized representative registered in Great Britain.
- Switzerland: The same principle applies in Switzerland. You either need a Swiss address, the address of the importer registered in Switzerland, or an authorized representative registered in Switzerland.
- UAE: In the United Arab Emirates, there are some product groups such as toys that require a local address to be sold in the country.
We at Tradavo can help you
As mentioned above, Tradavo provides an authorized representative service for companies without a registered office within the EU. We are happy to advise you in this respect, free of charge and without engagement .
You need assistance?
It is best to book an appointment directly for a free initial consultation.
Who wrote this article?
As an author, Christina fills the blog section of our website with exciting and informative articles, so that our readers can always take care of product compliance in their company in the most well-informed way.
