WEEE Article 17 Free-riders Project
Project description and aims
According to the WEEE directive 2012/19/EU (respectively the implemented national law: e.g. ElektroG in Germany) every producer of electrical and electronic equipment has to be registered in the national register (Germany: stiftung elektro-altgeräte register) to ensure that they will fulfil their responsibilities, when their sold products become waste (e.g. WEEE).
There is no common European register. When a producer, established in a country, wants to sell his products in another European country, where he has no establishment, he is required to appoint an authorised representative in that country, who must fulfil his obligations there according to the WEEE directive (especially registration).
When a producer has not appointed an authorised representative, it is difficult for the national regulatory authority to prosecute him abroad (e.g. in his home country). That is why the regulatory authorities need to work together. One solution is to bring the cross border free-riders (producers without registration) to the attention of the competent national authority in that country, in which the producer has his establishment. In this way, there are less difficulties associated with prosecution or with translation of relevant documents.
For working better together, the regulatory authorities need a platform / SharePoint to exchange information. They need to know who is responsible in the other member states for transmission of the reports necessary for enforcement and prosecution.
Article 17 WEEE 2012/19/EU: Authorised representative:
- Each member state shall ensure that a producer as defined in article 3(1)(f)(i) to (iii) established in another member state is allowed, by way of exception to article 3(1)(f)(i) to (iii), to appoint a legal or natural person established on its territory as the authorised representative that is responsible for fulfilling the obligations of that producer, pursuant to this directive, on its territory.
- Each member state shall ensure that a producer as defined in article 3(1)(f)(iv) and established on its territory, which sells EEE to another member state in which it is not established, appoints an authorised representative in that member state as the person responsible for fulfilling the obligations of that producer, pursuant to this directive, on the territory of that member state.
- Appointment of an authorised representative shall be by written mandate.
Number: 2021/05, 2020/05, 2019/08 – Status: Ongoing – Period: 2019 – Topic: Waste and TFS